HESBURGER APPLICATION – TERMS AND CONDITIONS OF USE

Update May 2018

1. General

The Hesburger application (hereinafter “Application”) is owned and provided for use by Burger-In Oy (hereinafter “Hesburger”), Business ID: 2031967-6, Address: Linnankatu 34, 20100 Turku, Finland. Hesburger is also the provider of the Hesburger Bonus Club, which is subject to its own terms and conditions available on the Hesburger website.

The customer (hereinafter “Customer”) can use the Application to view and purchase different Hesburger products (hereinafter “Products”) in accordance with these terms and conditions of use. The seller of the Products is the local Hesburger restaurant company where the Customer makes a purchase (hereinafter – “Hesburger Restaurants”). The company and contact information of Hesburger Restaurants can be found in the Application under the selection, “Hesburger restaurants”.

These terms and conditions of use shall apply to the Application and its specified content. By using the Application, the Customer agrees to these terms and conditions and shall be obligated to abide by them as well as any guidelines issued separately through the Application. These terms and conditions shall also bind Hesburger Restaurants.

Hesburger will preserve the text of the terms and conditions of use and the text of the terms will remain available to the Customer via the Application. However, we encourage the Customer to save or print these terms and conditions for future reference.

The terms and conditions of use are available in Finnish, Swedish, English, Estonian, Latvian, Lithuanian and Russian languages.

2. The Hesburger Application

The Application is a mobile service intended for use by Hesburger and/or Hesburger Restaurants customers. The Application can be used in a basic configuration without registration or at the Bonus Club level by a registered user.

Basic level: unregistered users. Downloading and accessing the Application does not require customer registration. At the basic level, Customers receive information on Products, locations, services, campaigns and special offers. Basic level Customers cannot make Advance orders or collect bonuses.

Bonus Club level: registered Customers with logins. Registering for the Application requires an existing Bonus Club account or membership in the Hesburger Bonus Club. Customers can find the terms and conditions of the Hesburger Bonus Club and periodical Bonus Club benefits on their local Hesburger website.

The Application itself is an electronic Bonus Card, which the Customer presents at Hesburger Restaurants when making purchases. Registered Application users are able to use the Application to place Advance orders at listed Hesburger Restaurants and pick up their orders at a specified time. With the Application, the Customer can find, for example, information on their Bonus Club membership, Bonus Club benefits and general special offers and campaigns. The Customer can also use the Application to keep track of their Bonus Club total.

The Customer should use the latest version of the Application to ensure the correct performance of the Application.

3. Product Range and Prices

The product range shown by the Application is the same as Hesburger’s normal product range, except for the fact that the product range and prices are Hesburger Restaurant-specific. The product range and prices may vary from restaurant to restaurant. Not all Products are available at all Hesburger Restaurants. All listed prices include value added tax and other applicable taxes and charges.

In certain cases, a Hesburger Restaurant’s prices for the Products may differ from the prices shown by the Application. In such cases, the Customer is entitled to the lower price unless the listed price is clearly an error. In such case, the Customer who has placed an Advance order as defined in section 4.2 below is entitled to withdraw their order and receive a refund for the paid price.

4. Placing an Order

4.1 Making a purchase list

All Application users (including Basic level) can accelerate their order placement at select Hesburger Restaurants by first assembling a purchase list with the Application and presenting the purchase list code at Hesburger Restaurant checkout (hereinafter “Making a purchase list”). Payment for the Products on the purchase list is done at checkout at Hesburger Restaurants, after which the Products will be made according to the Customer order. Making a purchase list does not require registration for the Application.

4.2 Advance order

A registered Customer may use the Application to put together and pay for an Advance order, wherein the order will be made ready for pick-up from the counter or drive-in window at a select Hesburger Restaurant (hereinafter "Advance order"). An Advance order requires payment of the order before it may be picked up. Not all Hesburger Restaurants accept Advance orders. The Application will list the restaurants which accept Advance orders (hereinafter “Order restaurant). The Advance order is concluded when Customer has received a confirmation from Hesburger of receiving the order after the Customer has paid for the Products via the Application.

Advance orders placed through the Application are binding on the Customer towards the Hesburger Restaurant. The Advance order is specified by a four-digit code, which entitles the Customer to pick up the Advance order. The Customer must keep the code secure from unauthorised use. However, the Customer can authorise another person to pick up the Advance order by handing over the code to such a third person. Each code is unique and can only be used once. Hesburger or the Order restaurant is not liable for the unauthorised use of the code by a third person unless the third person got access to the code due to a fault attributable to Hesburger or the Order restaurant.

With the Application, the Customer selects the pick-up time for the Advance order. The Application will automatically list possible pick-up times. The available Advance order pick-up time might be immediate if the preparation of the Advance order begins in the Order restaurant as soon as possible. Alternatively, the Advance order pick-up time might be no earlier than 15 minutes from the time that the Advance order is placed. Advance orders may only be fulfilled during the business hours of the Order restaurant or, if the restaurant is closed, during the business hours on the following day. However, an Advance order may be fulfilled no more than 12 hours after its placement. The latest pick-up time for Advance orders is no less than 5 minutes before the Order restaurant closes. Hesburger or the respective Order restaurant is not liable towards the Customer if the Customer is late with the pick-up. The Customer must place the Advance order with an immediate pick-up at least one minute before the Order restaurant closes.

With the Application, the Customer can follow when the Advance order is ready for pick-up. A push notification of a ready Advance order shall be sent to the Customer if the Customer has turned on the push notifications in the Application settings.

The Hesburger Restaurant will make every effort to have the Customer's Advance order ready by the Customer’s specified pick-up time. The Customer must understand that during busy times the preparation of an Advance order may take longer than anticipated and that the Advance order may not be ready at the specified pick-up time. The Customer is not entitled to any damages or additional compensation for a delayed Advance order, unless otherwise stipulated under statutory laws.

4.3 Bonus points

When placing an Advance order, the Bonus Club level Customer may choose to use their Bonus Card and earn Bonus points for their purchase. The use of the Bonus Card entitles the Customer to Bonus benefits in accordance with the Bonus Club rules. Only one Customer loyalty card may be used for a single purchase.

4.4 Advance order payment

The Customer may pay for an Advance order by using the Bonus account, a credit/debit card or other Stripe payment method. Stripe Payments Europe Limited, which is registered in Ireland, serves as the payment service provider.

Stripe Payments Europe Limited
www.stripe.com/fi

When using Stripe payment methods, the Customer also agrees to the Stripe Checkout User Terms of Service, Finland: (www.stripe.com/fi/checkout/terms) and the Stripe Privacy Policy, Finland: (www.stripe.com/fi/privacy).

4.5 Advance order cancellation

Due to the nature of the Products, the Customer is not entitled to withdraw from an Advance order after placing the order. The Customer acknowledges that the Products are foodstuff and beverages which deteriorate or expire rapidly and therefore, the right to withdraw is not applicable under local law.

4.6 Late pick-up of an Advance order

Every effort is made to prepare an Advance order by the pick-up time specified by the Customer. The Customer must pick up the ordered Products by the specified pick-up time. With the Application, the Customer can follow when the order is ready for pick-up. A push notification of a ready Advance order shall be sent to the Customer if the Customer has turned on the push notifications in the Application settings. Advance orders are kept in the Order restaurant for 25 minutes from the moment the order is ready for pick-up, but in any case no later than the closing time of the Order restaurant. If the Customer fails to pick up the Advance order within this time, the order will be discarded. The Customer is not entitled to receive any compensation or refund for the Advance order if the Customer is late with the pick-up. In order to ensure Product safety with consideration of the nature of the Products, the Products cannot be provided to the Customer after the pick-up time described in this section has expired.

4.7 Product complaints

Product complaints should be lodged directly at the location of the Hesburger Restaurant or Order restaurant responsible for an order or by filling out a customer feedback form on the Hesburger website. Upon non-compliance of the object of these terms and conditions of use, the consumer also has the legal remedies provided by applicable law.

5. Intellectual Property Rights and Copyrights of the Application

The Application and its content, including trademarks, business names, product information and images, are the property of Hesburger and its group of companies and/or partners, which is protected under the copyright laws and international agreements on intellectual property rights. All rights to the Application and its content are reserved.

The use of the Application is only permitted for personal, non-commercial use. Materials may be viewed, browsed and saved on a terminal device as well as printed out for personal use. Copying, storing otherwise, borrowing, forwarding or otherwise utilising the materials contained in the Application even partially is prohibited without Hesburger’s express written consent. The Customer may not use the Application in violation of the terms and conditions of use, applicable law or proper practices.

6. Hesburger’s Responsibilities

The Application and its content are provided to the Customer as is. Hesburger is not responsible for any errors, missing parts or other faults found in the Application content. Hesburger does not guarantee the availability of the Application or its uninterrupted or flawless function. Hesburger is not liable for any costs, losses (including loss of profit) or other possible damages which may be caused by the use of this Application or from information provided by it, unless otherwise stipulated under mandatory laws.

7. Cookies

The Application uses cookies. A cookie is a text file saved on your browser whenever Customer uses the Application. Cookies enable a number of functions: for example, monitoring application traffic volumes and collecting data on how and when the application is used.

The Application utilizes Google Analytics advertising features. Google Analytics uses cookies to identify users and collect anonymous default information, for instance, about their gender, age and general interests. Google compiles reports on application usage, which are then used by Hesburger to obtain statistics on traffic volumes and to improve the service. Furthermore, the collected data may be used beyond the Application to create targeted marketing (e.g. through retargeting) that is likely to be of interest to you.

The Customer can prevent the use of cookies by adjusting his or her browser settings. More information on browser-specific instructions can be obtained from the browser manufacturer. For the best possible user experience, Hesburger recommends that cookies will be enabled.

8. Third-party Services

The Application may contain links to websites owned or administered by third parties. Hesburger is not responsible for the function, content or other properties of third-party websites. When accessing these websites, the Customer must accept any terms of use found on these websites before using them.

9. The Processing of Personal Data

Hesburger processes and collects the personal data of registered users (registration form data, such as the name, contact details, and data on purchases) to provide services as well as to maintain and develop customer relationships. Hesburger’s Privacy Policy describes the processing of personal data in greater detail and can be found through the Hesburger application and the Bonus Club pages of the Hesburger website.

The personal data of unregistered users is not collected.

10. Other Terms and Conditions

Hesburger may change, update, cancel or remove the Application, its content or parts thereof at its own discretion. This includes any amendments to these terms and conditions of use. The Customer will be notified of any essential amendments in reasonable time in advance either through the Hesburger application or by email to the email address provided by the Customer. The Customer must agree to the changes in the terms and conditions in order to continue the use of the Application.

The Customer must use the Application in accordance with the terms of use specified by the application store from which the Application was acquired.

The Application shall be available to the Customer without requiring any additional registration until the Customer removes the Application from their device. The Bonus Club membership will end in accordance with the Bonus Club rules. The Customer is responsible for the accuracy of the information they provide, the proper storage of their user ID and password, and taking proper data security measures for their phone/device. The Customer is responsible for all transactions conducted through the Application under their user ID.

Finnish law shall apply to the use of this service, purchases made via the Application and these terms and conditions of use. Nevertheless, if you are a consumer domiciled in the EU, please note that you will not be deprived of the protection afforded to you by the statutory consumer protection laws of your country of habitual residence.

Both parties shall make every effort to amicably resolve any disputes arising from this agreement first by negotiation. If the dispute cannot be resolved by negotiation, the case shall be brought before courts for the place where the customer is domiciled or, if the case is brought by the customer, before courts for the place where the customer or Hesburger is domiciled. Consumers may also use the local consumer dispute plat-forms to settle disputes. Please see below for your local platform:

Finland: Finnish Consumer Disputes Board, PL 306, 00531 Helsinki, Finland, www.kuluttajariita.fi

Estonia: Consumer Disputes Committee of the Consumer Protection Board, Pronksi 12, 10117 Tallinn, Estonia, www.tarbijakaitseamet.ee

Latvia: Latvia: Consumer Rights Protection Centre, Brivibas str. 55, Riga, LV-1010, Latvia, http://www.ptac.gov.lv/

Lithuania: State Consumer Rights Protection Authority, Vilniaus g. 25, 01402 Vilnius, Lithuania, www.vvtat.lt

Consumer clients may bring disputes against local Hesburger Restaurants regarding purchases made via the Hesburger Application at the Online Dispute Resolution Platform at http://ec.europa.eu/odr.

11. Contact Information

If you have any questions or comments concerning the Application, please contact your local Hesburger customer service:

Burger-In Oy
Business ID: 2031967-6
Linnankatu 34
20100 Turku, Finland

Finland: bonusklubi@hesburger.fi, +358 2 4808 9000
Estonia: info@hesburger.ee, +372 5807 1936
Latvia: info@hesburger.lv, +371 6722 8005
Lithuania: info@hesburger.lt, +370 6948 4413