TERMS AND CONDITIONS FOR THE BURGER KING MOBILE APPLICATION
These Terms and Conditions shall apply to all orders of BURGER KING products (“Products”) of a customer through this BURGER KING mobile / web application (the “App”). By placing an order for Products through this App, you understand, agree with, and accept:
(i) these Terms and Conditions and any corresponding changes thereto which we may implement from time to time; and
For purposes of these Terms and Conditions, “BURGER KING”, “our” or “we” shall refer to PERF Restaurants, Inc., while “customer” or “you” shall refer to the customer who intends to purchase the Products from this App.
I. Territories Covered
You understand and agree that this App can only service the following areas, depending on the Order Fulfillment Option chosen. If your area is not within the areas below, you may visit the nearest BURGER KING store.
BURGER KING offers delivery services only within selected areas. Each BURGER KING delivery branch has a dedicated delivery area which cannot be changed. Thus, any forced request for re-routing of order to another branch is strictly prohibited.
Serviceable coverage includes selected areas in Angeles, Antipolo, Baguio, Batangas, Bulacan, Cagayan de Oro, Cavite, Cebu, Davao, Iloilo, La Union, Laguna, Las Pinas, Makati, Malabon, Mandaluyong, Manila, Marikina, Misamis Oriental, Muntinlupa, Negros Occidental, Nueva Ecija, Pampanga, Paranaque, Pasay, Pasig, Quezon, Quezon City, San Juan, Taguig, Tarlac, Zamboanga, Bataan, Valenzuela, and Caloocan.
II. Account Creation
If you decide to place an order through this App, you will be asked to register by creating an account which requires your personal information such as name, complete delivery address, telephone or mobile number, email address and a password. Creating an account allows you to automatically fill-up necessary delivery details such as delivery address and contact number on your next order. Inputting and confirming a password on the “Sign Up” page of the App, along with other confirmations, allows you to make an account. You must keep this password confidential and must not disclose it to anyone. If you believe someone else knows your password, please change your password immediately.
We reserve the right to suspend your registration if you violate any of these Terms and Conditions.
When you choose to create an account by linking it with an external third party service or application, such as Facebook and Apple (for iPhone users only), this feature will not modify nor allow the access of the content of your Facebook or Apple account. However, if you use your Facebook or Apple account to create an account in this App, the following shall apply:
- Your Facebook or Apple account name shall be your Account name in the App; and
- The e-mail address of your Facebook or Apple account shall be used as your e-mail address in the App; and
- The registered phone number of your Facebook or Apple account will also be used as your phone number in the App.
If you wish to order, the App will require your name, telephone or mobile number and complete delivery address on every use of the ordering platform. The information you provide will only be used for purpose of the pertinent delivery and for any subsequent issues on payment.
You have the option to save your credit card details for seamless payment transactions. Credit card details are stored and processed by our service provider, Paymaya. You may manage saved credit card by: (1) adding credit card, (2) deleting saved credit card, or (3) setting a default credit card. Once you have saved your credit card details, you may pay using the same during check out without entering details such as the credit card number, expiration date and CVV. As part of the validation process, we will apply a test charge of Php10.00 when you save your credit card details. The test charge will be automatically triggered for voiding after validation of your credit card details. The option to save credit card details is applicable to registered users only.
If another person used your Facebook or Apple account to order Products on your behalf, with or without your knowledge, such order shall be subject to these Terms and Conditions, and you agree that the order shall be considered your own and will be charged to you.
If you indicate a recipient’s address other than your own, you agree that the order shall be considered your own and will be charged to you. If the payment is to be made by cash at the recipient’s address, you also agree that it is your responsibility to ensure that that the order is paid in full.
III. Fulfillment of Order
The online order submitted through this ordering platform will be fulfilled via delivery only. The delivery order is fulfilled either through riders or other third-party delivery services which we may engage We reserve the right to revise or add order fulfillment options in the future.
IV. Submission of Order
Upon submission of your online order, you are authorizing us to process your online order and preparation of the Products you have specified on your order form. However, we reserve the right to refuse the processing of your order without any notification should we find any incorrect or incomplete details, or any previous spurious transactions with the given personal information.
Also, non-response to SMS and calls from either branch, or delivery rider may result to late or non-delivery of Products, or late preparation of the Products in store and should not be taken against us. Additional verification call or confirmation call may be required to proceed with your order.
V. Regular Order (Delivery)
By submitting your order via delivery through this App, you understand and agree that the processing of your order is subject to the following conditions:
1 . There is no minimum food purchase for a delivery transaction.
2. There is a forty-five (45) minute delivery guarantee for single receipt transactions amounting to PHP 3,000.00 and below. However, this delivery guarantee does not apply if there are more than 20 orders per transaction of the same product combinations.
You understand and accept, however, that any delay due to heavy traffic, inclement weather, unavoidable technical difficulties in the stores, or similar or conditions or circumstances, are beyond our control and should not at any time be taken against us. Delivery services may also not be available in cases of extreme weather, natural disasters, and unavoidable technical difficulties in the store/s in your area.
3. Orders above PHP 3,001.00 are considered bulk orders. For bulk orders, you will receive a call from our store to verify your identity and your order details. Due to the volume of the Products ordered, we do not guarantee that orders will be delivered within the forty-five (45) minute delivery period and the store will coordinate with you on the delivery serving time.
4. Excessive requests of items such as ketchup, condiments, utensils, and the like are subject to store discretion.
5. Any other special request outside the list of the BURGER KING product menu is strictly prohibited. Additional special request such as medicine, newspaper, cigarettes, grocery items, and the like will not be entertained.
VII. Advance Order
If you wish to order in advance through this App, you may place your order at least two (2) hours before your expected delivery time.
VIII. Order Acceptance and Confirmation
The acceptance of orders for the Products made through the App shall be at the entire discretion of BURGER KING. We reserve the right to decline to accept the order or deliver the Products without giving any reason.
For Delivery, our acceptance of an order occurs when you receive an on-screen message or email message
confirming that your order has been placed (“Delivery Order Confirmation”). The Delivery Order Confirmation is a record of our agreement to deliver the Products you ordered and your obligation to pay the price of the Products in full.
The Order Confirmation for Delivery will contain the following information:
a. Your pertinent order ID;
b. The date and time of your order;
c. The address to which your order will be delivered;
d. The BURGER KING branch that has received and will process your order; and
e. The contact number of the BURGER KING branch that has received and will process your order.
IX. Changes of Order
For Delivery, changes in your order or delivery time can be made within five (5) minutes from the time that you receive the Delivery Order Confirmation. Once confirmed, all orders are considered final.
For Take Out / Dine In transactions, changes in your order will only be allowed within five (5) minutes after the “Place Order” button is clicked. After the fifth minute, all orders are considered final and may not be changed anymore.
If you wish to change your order prior to delivery, please call (through the contact number provided in the Order Confirmation) the store within the timeframe stated above, and provide the details of your order included in the Order Confirmation. Changes in your order that are confirmed by the pertinent store will reset the forty-five (45) minute delivery guarantee time, and will likewise be subject to these Terms and Conditions. You understand that the total amount of your order will be changed should there be any changes in your order, and that you agree to pay the new total amount upon delivery. Thus:
- If you paid for your order online via credit card, any additional price difference as a result of changing your order must be paid in cash, payable upon delivery.
- If, as a result of any change/s you make to your order, the total amount payable is less than the amount paid online via credit card, any amount paid in excess of the new total amount payable shall be refunded to you by your own bank. You understand and agree that in such a case, we will not process the refund on your behalf, and that you are personally responsible for processing the refund with your own issuing bank.
- If you choose to pay by credit card upon delivery (card present), the total amount shall be chargeable and payable upon delivery.
If any of the changes to order include promotions which are only available for limited periods, any changes to your order may mean that the promotions are no longer available by the time the changes are made.__
We reserve the right to refuse any modification in case the order has already been dispatched for delivery prior to receipt of your request.
X. Cancellation of Orders
Orders may be cancelled within five (5) minutes from the time that you receive the Order Confirmation by calling or messaging the BURGER KING branch that received your order. Cancellation immediately after the fifth minute from the time that the Order Confirmation was received will no longer be valid. You understand and agree that cancellation beyond the fifth minute will require you to pay the full amount of the order you placed.
We reserve the right to refuse any cancellation in case the order has already been dispatched for delivery prior to receipt of your request.
If payment is made via credit card and the cancellation of order was successful, it will be your responsibility to contact the issuing bank to cancel the payment made.
XI. Prices and Payment
Unless otherwise stated in writing, the Product prices quoted on this App are inclusive of value-added taxes and any other applicable taxes. The Product prices on this App are subject to change without prior notice.
To check the price/s of the Product you want to order, please click the Checkout button to see the breakdown and total amount due.
You can pay by any of the following methods:
- Cash upon delivery; and
- Cashless mode of payment on-App (credit card and/or debit card), subject to the condition that on-App credit card payment may not be available all the time.
If your order is placed using a credit card, such card should be valid on the date of delivery of your order. You can also pay using your saved credit card.
A Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount may be applied on the delivery provided you comply with the Conditions stated below. SC, PWD, or NAC discount cannot be availed in conjunction with other discounts and/or promotions.
We reserve our right to refuse to deliver or prepare any order if for whatever reason we believe that payment will be refused at any stage.
In case of a refund, any refund for payments made in cash would need to be processed by our Customer Services team by calling +63 2 8634 1111. Refunds for orders paid online via credit card or upon delivery via credit card must be processed by you through your issuing bank.
XIII. Delivery Conditions
You agree to accept delivery of the Products at the agreed time and place of delivery, subject to the specific delivery conditions below:
The arrival time in our delivery service guarantee will be based on our rider’s arrival at the gate of your subdivisions, villages, factories, industrial areas, and other gated communities (as the case may be); while the arrival time in buildings, hospitals, condominiums, and hotels will be based on our rider’s arrival at the lobby.
We shall exert reasonable efforts to meet the guaranteed delivery time, where applicable. You understand and accept, however, that any delay due to traffic, inclement weather or similar or analogous conditions or circumstance, are beyond our control and should not at any time be taken against us.
You understand and agree that product/s are subject to availability at the time of delivery. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.
If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the delivery transaction, the SC, PWD, NAC must be physically present at the time and place of the delivery, and the SC, PWD, or NAC card must be presented to our rider for validation.
You understand and agree that product/s are subject to availability at the time of pick up. If the products you ordered are not available, we may offer you a reasonable substitute product or equivalent quality and price or we may advise you through phone call (local Philippines), SMS, or electronic mail for alternative product/s. You understand that should you choose to order other product/s, this may affect the purchase price.
For credit card transactions payable upon take out / dine in, you will be requested to present a valid ID to our cashier for validation.
If a Senior Citizen (SC), Person with Disability (PWD), or National Athlete and Coach (NAC) discount was applied on the take out / dine in transaction, the SC, PWD, or NAC must be physically present at the time and place of take out / dine in, and the SC, PWD, or NAC card must be presented to the cashier for validation.
XV. Promotions, Coupons, and Rewards (Special Offers)
From time to time, products may be subject to special offers. Any special offer may be subject to these Terms and Conditions, unless otherwise specified by us. In case of inconsistency between the special offer and these Terms and Conditions, the former shall prevail. We reserve the right to change the conditions and/or availability of special offers or withdraw them at our discretion. However, we will honor any order received before the withdrawal or changes on the special offers. All special offers are valid only within the promotional period, are subject to change and are not valid in conjunction with other offers, unless otherwise stated.
For special offers made available through online coupons, these coupons may have separate mechanics and qualifiers which will be explicitly stated in each coupon. For you to successfully avail the coupon, you understand and acknowledge that you will follow the mechanics and qualifiers stated in each coupon, and that your failure to do so may result in your ineligibility or inability to avail the same. In such a case, you agree that we will not be liable for your ineligibility or inability to avail the coupon.
XVI. Limitation and Liability
We shall not be liable for any loss, expense, cost or damage arising directly or indirectly out of or in connection with: (i) your use of this site and/or application; or (ii) the delay beyond the estimated time or date of delivery or pick up; or (iii) availability of product/s at any given time; or (iv) force majeure; or (v) your ineligibility or inability to avail any special offer or coupon if you are unable to follow the relevant terms and conditions, or qualifiers/promo mechanics of such special offer or coupon; or (vi) any circumstances beyond our control, and over which we could not have avoided even with the exercise of reasonable care, or any indirect or unforeseeable loss suffered or incurred by customers or third parties. In any event, our liability for any given transaction shall not exceed the total price charged for the relevant items.
The Products ordered should be consumed immediately after their actual receipt. We will not be liable for any event that may arise as a result/consequence of consuming the Products beyond the specified time.
XVII. Intellectual Property
This site and/or application contains the BURGER KING and their logos, and other trademarks, service marks, product names, designs, titles, words or phrases, graphics and logos used in connection with the site and/or application (Collectively, the “Trademarks”), including, all text, images, photographs, illustrations, data, and/or other related information, and other materials featured, displayed, contained and available in and on the site and/or application (collectively, the “Content”), are owned by or licensed to BURGER KING.
The Trademarks, Content and related proprietary property are protected from copying and imitation under national and international laws and are not to be used, reproduced, adapted (whether in its original form or derivations thereof), or copied, in whole or in part, without the express written permission of BURGER KING. Third parties are not allowed to use the Trademarks and Content in any manner, or for any other purpose, commercial or otherwise, without BURGER KING’s prior express written consent.
XIX. Updating these Terms and Conditions
Whenever necessary, we may, from time to time, update and/or revise these Terms and Conditions. We shall inform you of any update or revision by placing the date of the latest version on top of these Terms and Conditions.
XX. Miscellaneous Provisions
These Terms and Conditions shall be governed by and interpreted in accordance with Philippine law. In case of disputes, the venue for any action shall be the proper courts of Pasig City to the exclusion of all other venues.
Failure of BURGER KING to enforce a particular term or condition does not constitute a waiver of that term or condition by BURGER KING and shall not be construed as a waiver or variation of it or preclude its exercise at any subsequent time.
If any of the terms or conditions is held to be invalid or unenforceable, then such term or condition shall, so far as it is invalid or unenforceable, be given no effect and shall be deemed not to be included in these Terms and Conditions, but without invalidating any of the remaining provisions.
XXI. Contact Us
If you have any questions regarding this Terms and Conditions, please contact us through:
Customer care hotline: +63 2 8634 1111; or
Customer care email address: email@example.com.