legal

LEGAL NOTICE

BURGER KING®’s website and the use of the services offered are subject to the general terms and conditions of use and data protection information presented in this section.

AT A GLANCE

Limitation of liability

1. This website, including all content herein contained ("the Website”), is owned and operated by Burger King South Africa (Pty) Ltd (Registration Number: 2011/143896/07) ("BURGER KING® South Africa"). Your access and/or use of this Website constitutes your agreement to be bound by the terms and conditions set out hereunder ("Terms and Conditions"). All rights in and to the content of this Website remain at all times expressly reserved by BURGER KING® South Africa.

2. The terms "user", “you" and “your” are used interchangeably in these Terms and Conditions and refer to all persons accessing this Website for any reason whatsoever.

3. The Website is intended to provide information to users regarding various aspects of BURGER KING® South Africa’s business, including enabling users to:

3.1 subscribe to the Website to enable BURGER KING® South Africa to keep users updated on promotional offers and promotional competitions;

3.2 make enquiries in relation to franchise, supplier, employment, property and marketing opportunities with BURGER KING® South Africa;

3.3 contact BURGER KING® South Africa.

Website content

4.1 This Website, including any intellectual property (as defined in paragraph 6.1 below) appearing hereon, is provided "as is" and "as available".

4.2 BURGER KING® South Africa accepts no responsibility for, and makes no representations or warranties, express or implied as to the accuracy, suitability, topicality, correctness, completeness or quality of, the information provided herein.

4.3 To the maximum extent permitted in law, BURGER KING® South Africa its directors, shareholders, Related Parties (as contemplated in clause 4.4 below), employees, suppliers, partners, affiliates and agents (collectively “the BK Parties”) accept no liability whatsoever for any costs, expenses, fines or damages, including but not limited to direct or indirect loss or damages (including any economic loss, consequential loss, loss of profits or any form of punitive damages) resulting from the access to, use of, or reliance on, this Website or any information contained herein, in any manner.

4.4 For the purposes of this Website, any reference to the term “Related Parties” means and includes:

4.4.1 BURGER KING® Holdings South Africa (Pty) Ltd;

4.4.2 BURGER KING® Europe GMBH;

4.4.3 BURGER KING® Corporation;

4.4.4 Utish Investments (Pty) Ltd; and

4.4.5 Grand Parade Investments Limited,

and any or all of their directors, shareholders, related or inter-related parties (as contemplated in section 2 of the Companies Act 71 of 2008, as amended), employees, suppliers, partners, affiliates and agents.

4.5 Any offers in terms hereof are non-binding and subject to alteration.

4.6 BURGER KING® South Africa has no control over third party content and features which can be accessed through the use of this Website and does not examine or edit such content and features or act as an agent for third parties accessible through this Website. As such and to the maximum extent permitted in law, the BK Parties shall not be liable whatsoever for any direct or indirect loss or damage (including any economic loss) arising from the use of any such third party websites, contents and/or features.

4.7 BURGER KING® South Africa does not warrant or represent that your access to the Website will be uninterrupted or error free or that any information, data, content, software or other material accessible through this Website will be free of bugs, viruses, worms, trojan horses or other harmful components. Your access to and use of this Website remains solely at your own risk.

4.8 BURGER KING® South Africa expressly reserves the right to alter, modify, amend, replace or delete the pages (or any part thereof) contained in this Website or the entire Website without any prior or separate notice to the user, or to temporarily or permanently cease publication thereof, in its sole and absolute discretion.

References & links

5.1 This Website may include references and links to other internet websites (including links and references made within the Website, third-party entries made in guest books, discussion forums, link directories and mailing lists, as well as all other forms of databases in which it is possible to make external entries) ("the external sites"). BURGER KING® South Africa has no influence on the current and future design, the content or authorship of the external sites and is not responsible for the information, material, products or services contained on or accessible through those external sites, nor does BURGER KING® South Africa endorse same.

5.2 Illegal, incorrect or incomplete content in any external site and, in particular, damages caused by using or not using information presented in such a way is the sole responsibility of the provider of the page which is referred to in such external site and not BURGER KING® South Africa. Your access and use of the external sites remains solely at your own risk.

5.3 Hyperlinks to the Website from any other source shall be directed to the home page of this Website and shall not portray any of the BK Parties or their products and/or services in a false, misleading, derogatory, or otherwise offensive manner. Links beyond the home page of this Website may only be used with BURGER KING® South Africa’s prior written consent. It is expressly prohibited for any person, business, entity or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of BURGER KING® South Africa.

Copyright

6.1 All trade marks, copyright, database rights and other intellectual property rights in the materials on this Website (as well as the organisation and layout of this Website) together with the underlying software code, the domain name “burgerking.co.za” and the marks “Burger King” and “Burger King South Africa” (collectively, “the intellectual property”) are owned by or licensed to, as the case may be, BURGER KING® South Africa or the Related Parties and as such, are protected from infringement by domestic and international legislation and treaties applicable thereto. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this Website are expressly reserved. No modification of any intellectual property or editorial content or graphics appearing on the Website is permitted.

6.2 Intellectual property and other material (“material”) that is sourced from the Website or from a website address which belongs to or is licensed by any BK Party, may not be copied, printed, published, broadcasted, sold, transferred reproduced, republished, downloaded, sent by post, communicated or distributed in any way whatsoever without the written consent of BURGER KING® South Africa first being had and obtained (which consent may be refused at the sole discretion of BURGER KING® South Africa) with the exception of the downloading by the user of a single personal copy of the material on a personal computer for personal, non-commercial use, which does not in any manner contravene any copyright or other intellectual property rights of the BK Parties (or any of them) and does not impair author identification. Modifications to the material or the use of the material for other purposes than as aforesaid will be a breach of the intellectual property rights contemplated herein.

6.3 If it is permissible to download any software from the Website, then if software is downloaded from the Website, the software – including all files and images which are contained therein or are produced by it – and all data associated with the software, belongs to BURGER KING® South Africa or any of the Related Parties (as the case may be). BURGER KING® South Africa or any such Related Party (as the case may be) grants the user a personal, non-exclusive, non-assignable and non-transferable right to use the software. BURGER KING® or any such Related Party (as the case may be) retains the full and unrestricted ownership in, and copyright to, the software. The software may not be passed on, sold, decoded, inverted, reassembled or transferred in another format.

6.4 You may only use this Website in accordance with these Terms and Conditions and, in any event, for lawful and proper purposes which includes complying with all applicable laws, regulations and codes of practice within the Republic of South Africa or other jurisdiction from which you are accessing this Website.

6.5 In particular, you agree that you will not:

6.5.1 post, transmit or disseminate any information on or via this Website which:

6.5.1.1 contains any obscene, indecent or offensive language and/or graphics;

6.5.1.2 is, or may be, false, abusive, hateful, harmful, obscene, defamatory or otherwise illegal;

6.5.1.3 any party other than yourself holds any rights to (including any intellectual property rights) without the necessary permission of such party first being had and obtained (which shall include, in respect of intellectual property rights, such party having granted you a license to utilise any such intellectual property rights);

6.5.1.4 is encrypted, or constitutes junk mail, spam mail or unauthorised advertising;

6.5.1.5 encourages conduct that is, or may, constitute a criminal offence or give rise to any civil liability of any of the BK Parties of whatsoever nature, or that otherwise violates any South African, or international, law or regulation (including, without limitation, the Consumer Protection Act 68 of 2008 (“the CPA”) and any regulations thereto);

6.5.2 use this Website in a manner which causes or may cause an infringement of the rights of any other person;

6.5.3 use any software, routine or device to disrupt or interfere, or attempt to disrupt or interfere, electronically or manually, with the operation or functionality of this Website including but not limited to uploading or making available files containing corrupt data or viruses via any means whatsoever;

6.5.4 deface, alter or interfere with the front end “look and feel” of this Website or the underlying software code.

6.6 By posting or submitting information on, or to, this Website, you warrant that any such information submitted or posted by you (as the case may be) to or on the Website does not, and will not, violate any right of any third party, including intellectual property, privacy or any other personal or proprietary right.

6.7 Without prejudice to any of BURGER KING® South Africa’s other rights (whether at law or otherwise), BURGER KING® South Africa reserves the right to deny you access to this Website where BURGER KING® South Africa believes (in its sole discretion) that you are in breach of any of these Terms and Conditions.

Data protection

7.1 Insofar as it is possible for the user to enter personal or commercial data (including names, email addresses, physical addresses and other contact details) into this Website, this information is divulged by the user to BURGER KING® South Africa on an explicitly voluntary basis. The utilisation and payment of any services offered is – insofar as it is technically possible and reasonable – also provided without entering such data or by entering anonymised data or under a pseudonym. The use of any contact details (including any contact details published as part of the legal information or comparable details such as postal addresses, telephone and fax numbers and email addresses) on this Website to convey information that has not been explicitly requested by the party to whom such contact details relate is expressly not permitted. BURGER KING® South Africa reserves the right to take legal action against anyone violating this prohibition by sending so-called spam mail to any such persons.

7.2 We collect, collate, process, export and use the following types of information about you when you use this Website:

7.2.1 information provided by you. We may collect personal information (that is information about you that is personally identifiable like your name, address, gender, e-mail address, physical address, phone number(s) and other unique information such as product and service preferences and contact preferences that are not otherwise publicly available) to the extent that you provide us with same; and

7.2.2 information that is collected automatically. BURGER KING® South Africa receives and stores information which is transmitted automatically from your computer when you browse the internet. This information includes information from cookies (which are described in clause 7.4 below), your Internet Protocol (“IP”) address, browser type, web beacons (which are electronic files that allow a web site to count users who have visited that page or to access certain cookies), embedded web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to the Website such as your browser type and language, access times, and the address of the website from which you arrived at the Website. Your IP address is the unique address of your computer which is automatically provided to other computers when your web browser or email application requests a web page or email from those computers on the internet. BURGER KING® South Africa may also use some of these automatic data collection tools in connection with certain emails sent from BURGER KING® South Africa and therefore may collect information using these tools when you open the email or click on a link contained in the email.

7.3 Cookies are a form of internet technology. Websites may use cookies to provide useful features for their users. Cookies are files that are written or downloaded to your computer’s hard drive when you access a website. They may allow BURGER KING® South Africa to store and retrieve login information on your computer and provide data that can be used to improve the quality of the Website. Internet browsers may be initially set up to accept cookies. You can, however, set your browser to refuse cookies, although you may not be able to take full advantage of the Website if you do so.

7.4 BURGER KING® South Africa may link information stored in cookies such as your age, gender and country with your personally identifiable information and we may use such information to gather statistics about the number of people who visit the Website and to customize, amongst other things, the content and layout thereof.

7.5 Our advertising partners may set and access cookies or use other technologies such as web beacons in order to personalise advertising content. Use by these advertising partners of their own cookies and any other tracking technologies are subject to their privacy policies.

7.6 Use and Disclosure of information

7.6.1 BURGER KING® South Africa may use your information to, amongst other things:

7.6.1.1 keep you updated on new, promotional offers and promotional competitions;

7.6.1.2 assist you with making enquiries to BURGER KING® South Africa in relation to franchise, supplier, employment, property and marketing opportunities with BURGER KING® South Africa;

7.6.1.3 communicate with you about ourselves and/or various products and/or services;

7.6.1.4 provide services to you;

7.6.1.5 update you on new products, services and benefits;

7.6.1.6 select content to be communicated to you;

7.6.1.7 allow you to participate in promotional offers, promotional competitions and surveys;

7.6.1.8 contact you for market research regarding products or services.

7.6.2 In addition, BURGER KING® South Africa may use information about your product and/or service interests and promotional competition entries to help us improve the Website design.

7.6.3 BURGER KING® South Africa may use your email address and/or other contact details provided to contact you from time to time and may also use it for security reasons to confirm that you are who you say you are.

7.6.4 BURGER KING® South Africa may use the information collected automatically, such as your IP address and information stored via cookies, to gather statistics about the number of people who visit the Website and to customise our Website content, layout and services. We may share this information with third parties to help us improve and better serve our users.

7.6.5 Advertisements may be delivered to you by our advertising partners. BURGER KING® South Africa may however transfer information about your use of the Website, such as your IP address and information stored via cookies, to our advertising partners and other third parties. This information may be used to provide advertising, promotions and other products and services that may be of particular interest to you.

7.6.6 BURGER KING® South Africa’s advertising and promotions partners have no access to your name or personal contact information stored by us unless you choose to share it with them. We will not provide your name or personal contact information to an advertising partner when you interact with or view a targeted advertisement.

7.6.7 BURGER KING® South Africa may provide your personally identifiable information and the data generated by cookies and the aggregate information to the vendors, service providers and service agencies that we may engage to assist us in providing our products and services to you. Such vendors and service agencies will be obligated to use your personally identifiable information solely to provide the products and/or services to us.

7.6.8 BURGER KING® South Africa will disclose your personally identifiable information if we reasonably believe we are required to do so by law, regulation or other government authority or to protect the rights and property of BURGER KING® South Africa, the Related Parties or the public. BURGER KING® South Africa may also co-operate with law enforcement in any official investigation and we may disclose your personally identifiable information to the relevant agency or authority in doing so.

7.6.9 BURGER KING® South Africa reserves the right to transfer your personal information in the event of a transfer of ownership, such as acquisition by, or merger with, another entity. If any acquiring entity should plan to materially change this the terms hereof, we will notify you beforehand.

7.6.10 By posting any information to this Website (including, but not limited to any text, photographs, graphics, videos and/or sound recordings) you grant to BURGER KING® South Africa any all rights necessary to enable us to make this information available on the Website, including the right to edit such content in our sole discretion.

7.6.11 Circumstances may arise where, whether for strategic or other business reasons, BURGER KING® South Africa decides to sell, buy, merge or otherwise reorganize its business or its shareholding. Such a transaction may involve the disclosure of personal information to prospective or actual purchasers, or the receipt of it from sellers.

Receipt and transmission of data messages

8.1 For the purposes of this clause 8, the term “data message” shall bear the meaning ascribed thereto in the Electronic Communications and Transactions Act 25 of 2005 (as amended).

8.2 Data messages, including e-mail messages, sent by users to BURGER KING® South Africa shall be deemed to be received only when acknowledged or responded to.

8.3 Data messages sent by BURGER KING® South Africa to users shall be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.

8.4 BURGER KING® South Africa reserves the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary.

8.5 Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost or corrupted. BURGER KING® South Africa is therefore not responsible for accuracy of any message sent by email over the internet – whether from BURGER KING® South Africa to you or from you to BURGER KING® South Africa.

Indemnities

The user indemnifies and holds harmless the BURGER KING® Parties from any direct or indirect liability, loss, claim, expense, cost, demand, action, application or other proceedings (including for attorneys fees and related costs such as tracing fees) related to the user’s breach of these Terms and Conditions or arising out of or in connection with the user’s use of this Website, third party websites or any of the products and/or services and/or advice offered or ordered through such sites in any way.

General

11.1 This document contains the entire agreement between the parties in relation to the subject matter hereof. No alteration, cancellation, variation of, or addition hereto will be of any force or effect unless reduced to writing and signed by all the parties to these Terms and Conditions or their duly authorised representatives.

11.2 The headings to the paragraphs to the Terms and Conditions are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.

11.3 BURGER KING® South Africa may amend, vary and/or modify these Terms and Conditions at any time, and such amendment, variation and/or modification shall be effective immediately upon posting of the amended, varied and/or modified Terms and Conditions on this Website (“the modified Terms and Conditions). Accordingly, your continued access or use of this Website is deemed to be your acceptance of the modified Terms and Conditions.

11.4 Your access and/or use of this Website and the operation of these Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa.

11.5 You hereby consent to receive any and all approaches and/or communications from each of the BK Parties and/or each of their marketing service providers (whether via e-mail or otherwise) whether for the purposes of direct marketing or otherwise. Should you not wish to receive any approaches and/or communications as aforesaid, kindly address an e-mail to info@whopper.co.za advising of same.

11.6 To the extent that any provision in these Terms and Conditions constitutes a contractual stipulation in favour of any or all of the Related Parties (stipulatio alteri), the benefit of such stipulatio alteri may be accepted in writing by any or all of such Related Parties at any time, from time to time.

11.7 In the event of the user breaching the terms of these Terms and Conditions, the user shall be liable for all legal costs (on the scale as between attorney and own client) which may be incurred by BURGER KING® South Africa or any of the Related Parties arising therefrom.

11.8 Each sentence, paragraph, term, clause and provision of these Terms and Conditions shall be considered severable and if, for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.