Terms & Conditions

This Website user agreement (this “Agreement”) applies to all individuals who use, visit, or browse on www.whopper.ie (“The Website”) (collectively “users” or “you”). The Website is operated by or on behalf of Burger King Corporation or its subsidiaries, referred to in this Agreement as “we” or “us”, for the promotion of BURGER KING® products and services. Your use of the Website constitutes your acceptance of this agreement. We may amend this legal notice from time to time.

LAWS AND REGULATIONS

User access to and use of this Website is subject to all applicable international and local laws and regulations. By accessing the Website, Users agree not to use the Website for any purpose that is unlawful or prohibited by this Agreement. Users may not (i) use this Website in any manner that could damage, disable, overburden or impair the Website; (ii) upload, post, email or otherwise send or transmit any material that (a) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (b) contains third-party trademarks, service marks, copyrights or other proprietary rights without the prior written consent and approval of the third-party owner(s); or (c) is profane, defamatory, obscene, violent, sexual, discriminatory or otherwise unprofessional or in poor taste; (iii) interfere with the servers or networks connected to the Website; or (iv) violate any of the terms and conditions, procedures, policies or regulations of networks connected to the Website. Any attempt by any person to undermine the legitimate operation of this Website may be a violation of criminal and civil law, and, should such an attempt be made, we reserve the right to seek damages from any such person to the fullest extent permitted by law. Failure to enforce any of these terms and conditions shall not constitute a waiver by us of that, or any other, provision.

NO WARRANTIES

WE USE REASONABLE EFFORTS TO INCLUDE ACCURATE AND UP-TO-DATE INFORMATION ON THE WEBSITE; HOWEVER WE MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE COMPLETENESS OR ACCURACY OF THIS INFORMATION. SOME PRODUCTS OUTLINED IN OUR WEBSITE MAY NOT BE AVAILABLE AT ALL RESTAURANTS AND NOT ALL RESTAURANTS MAY PARTICIPATE IN ADVERTISED PROMOTIONS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEBSITE, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE DELIVERY OF THE CONTENT OR ANY LOSSES OR DAMAGE ARISING FROM THE USE OF WEBSITE CONTENT. ANY WARRANTIES WHICH WOULD OTHERWISE BE IMPLIED BY LAW, INCLUDING FITNESS FOR PURPOSE, SATISFACTORY QUALITY OR SKILL AND CARE ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. IT IS YOUR RESPONSIBILITY TO CHECK COMPATIBILITY OF SOFTWARE AND UTLISE VIRUS CHECKING SOFTWARE AND TO VERIFY INFORMATION WITH INDEPENDENT AUTHORITIES. RESTRICTION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW WE AND ALL OF OUR SUBSIDIARY AND SISTER COMPANIES HEREBY EXCLUDE ALL LIABILITY FOR ANY LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, ECONOMIC OR CONSEQUENTIAL LOSS OR DAMAGE) SUFFERED BY YOU AS A RESULT OF YOUR USE OF THE WEBSITE OR OF ANY MATERIALS PROVIDED ON IT OR DOWNLOADED FROM IT OR YOUR INABILITY TO USE THIS WEBSITE OR ANY ERROR IN THE PROVISION OF THIS WEBSITE OR ANY COMPUTER OR VIRUS TRANSMISSED THROUGH THE WEBSITE OR WHETHER SUCH LOSS OR DAMAGE ARISES FROM OUR NEGLIGENCE OR OTHERWISE AND EVEN IF WE ARE EXPRESSLY INFORMED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

You are welcome to print hard copies of material for your personal, non-commercial use. All other copying, whether in electronic or hard copy, is prohibited. Users may not otherwise modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or offer for sale any information contained on, or obtained from, the Website.

SUBMISSIONS FROM YOU

You agree that we may use any comments, information, ideas, concepts, graphics, photographs, music, artwork, copy, suggestions, know-how, or techniques that you send through this Website or otherwise without restriction as to purpose (including but not limited to developing, manufacturing or marketing products or creating or modifying our Website), territory, time, acknowledgement or recompense. We will not treat any submission as confidential or proprietary. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US. This paragraph does not affect any rights you may have under the Data Protection Act or similar laws to the extent that such rights cannot be excluded. In this connection please refer to our Privacy Policy.

HYPERLINKING

This site may provide a link to other sites by allowing Users to access third-party material. Burger King Corporation has not reviewed all of the sites that may be linked to the Website and is not responsible for the content or privacy policies of any off-site pages or links to any other sites. Viewing all other sites is at User’s own risk.

TRADEMARKS AND COPYRIGHT

BURGER KING, WHOPPER, HAVE IT YOUR WAY and the Crescent Logo are registered trade marks of the Burger King Corporation or of other companies in the Burger King Group. We also have other trademarks which may also be featured on this Website that may be registered in the UK, the USA and or other countries. All trade marks, logos, and service marks (collectively “Trademarks”) displayed on the Website are registered and unregistered trademarks of Burger King Corporation or its wholly owned subsidiary, Burger King Brands, Inc., and/or third parties who have authorized their use. Users may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way. The use of our trademarks on any other website is strictly prohibited. All of the materials contained on the Website are copyrighted except where explicitly noted otherwise. Burger King Corporation will aggressively enforce its intellectual property rights to the fullest extent of the law. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with us. Use of any materials on the Website is at User’s own risk.

INDEMNITY

By using this Website, each User accepts all responsibility for, and hereby indemnifies and holds us, our officers, directors, employees, shareholders, successors and assigns harmless from and against any claims that may arise from actions taken by such User on or in connection with the Website, including, but not limited to any feedback submitted or other materials uploaded by them to the Website.

APPLICABLE LAWS AND VENUE

All issues and questions concerning the construction, validity, interpretation and enforceability of this Agreement, or the rights and obligations of Users and Burger King Corporation in connection with the Website, shall be governed by, and construed in accordance with, the laws of Ireland and the Irish courts shall have non-exclusive jurisdiction in respect of them.

SEVERABILITY

If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of this Agreement, which will otherwise remain in full force and effect.

LIMITATION OF LIABILITY RELATING TO THIRD PARTY PRODUCTS OR SERVICES

BURGER KING CORPORATION, EACH OF ITS RELATED COMPANIES AND EACH SUCH COMPANY’S RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES OFFERED ON THE WEBSITE, IF ANY. TO THE FULLEST EXTENT ALLOWABLE BY LAW, WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING ANY THIRD PARTY PRODUCTS AND/ OR SERVICES OFFERED ON THE WEBSITE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.