Last updated on 26.10.2026

We/Us/Our/’Burger King’ means Food Chain Limited (company registration number C 753) of 303, Qormi Road, Marsa, Malta (trading as “Burger King Malta”).

You/Your/Yourself means, unless specified, the Customer and the Authorised User of the App.

Use of the Burger King App (as defined below) is being provided to You by Burger King, owner of the said App which includes the Burger King software/mobile application (“App”).

Thank you for selecting Burger King Malta. In order to access and/or use the App, kindly read this document in full and acknowledge that You have agreed to this End-User Licence Agreement (“EULA”). By clicking the “I Accept” button when installing the App, You will agree to both this EULA and the Burger King App Terms and Conditions (the “T&Cs”). Before using Our services You will also need to read and acknowledge having read Our Privacy Policy (the “Privacy Policy”).

You may view the most recent version of this EULA within the App at any time via the ‘Legal Documents’ tab or option on the said App.

This EULA constitutes a binding agreement between You and Burger King concerning the use of the App and any and all software and technology made available by Burger King for the use of this App by You on Your device, subject to this EULA.

Where this EULA conflicts with the terms and conditions of Apple Inc. (“Apple”) applicable to the App Store or with the terms and conditions of Google LLC (“Google”) applicable to Google Play, the applicable store’s terms shall prevail to the extent of the inconsistency.

1. Definitions

1.1       For the purposes of this EULA the following definitions apply:

“App” means the Burger King software/mobile application made available by Burger King for download on the Apple App Store and Google Play, including all updates, upgrades, and new versions thereof;

“App Distributor” means Apple (in respect of the Apple App Store) or Google (in respect of Google Play), as applicable;

“Apple” means Apple Inc. and its subsidiaries;

“Authorised User” means the Customer or any person authorised by the Customer to access this App;

“Customer” means the individual or entity that is making use of any and all Burger King services online or otherwise, as agreed in the T&Cs and in this EULA;

“EULA” means this End-User Licence Agreement;

“Google” means Google LLC and its subsidiaries;

“Platform” means any website and/or mobile application operated by or on behalf of Burger King through which Services and/or Products are offered;

“Privacy Policy” means the privacy policy of Burger King as published on the Platform and within the App, as may be amended from time to time;

“Products” means any goods, food items, beverages, or merchandise available for purchase via the App;

“Services” means the services provided by Burger King through the App, including ordering, delivery, loyalty programmes, and account management functionalities;

“T&Cs” means the Burger King App Terms and Conditions as published on the Platform and within the App, as may be amended from time to time;

2. Licence Grant

2.1       Subject to the terms of this EULA, Burger King hereby grants You a revocable, non-exclusive, non-transferable, non-sublicensable, limited licence to install, access, and use the App on any mobile device owned or controlled by You, solely for Your personal, non-commercial use.

2.2       This licence is subject to:

(a)        Apple’s Usage Rules as set out in the Apple Media Services Terms and Conditions (in the case of iOS devices); and

(b)       the Google Play Terms of Service (in the case of Android devices).

2.3       The licence granted under this Clause 2 shall commence upon Your first download and use of the App and shall continue until terminated in accordance with Clause 13 of this EULA.

2.4       You, the Customer, shall be responsible for any violations of this EULA by any Authorised User who makes use of the App on any device that You own and/or are otherwise responsible for.

2.5       You agree to bring these terms to the attention of any other Authorised Users that may use this App via any device which You own and/or for which You are responsible.

3. Licence Restrictions

3.1       Except as expressly permitted by this EULA or by applicable law, Authorised Users shall not:

(a)        copy, modify, alter, adapt, translate, enhance, or create derivative works of the App or any part thereof;

(b)       decompile, disassemble, reverse-engineer, or otherwise attempt to derive the source code of the App or any part thereof;

(c)        rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or any rights therein to any third party;

(d)       use the App for any commercial enterprise, profit-generating activities, or related purposes for which the App was not designed;

(e)        use the App for any purpose which is unlawful, abusive, defamatory, or obscene;

(f)        remove, alter, or obscure any proprietary notices, labels, or marks on or in the App;

(g)       use any automated means, including bots, scrapers, or data-mining tools, to access, collect data from, or interact with the App;

(h)       transmit any viruses, malware, worms, Trojan horses, or other harmful code through or to the App;

(i)        attempt to circumvent, disable, or interfere with any security-related features of the App;

(j)        use the App on any device or operating system that has been modified to eliminate software restrictions imposed by the mobile service provider, the operating system provider, or the device manufacturer without their approval, or on any device modified by similar methods commonly known as “jail-breaking” or “rooting”.

3.2       If Burger King continues to make this App available to You notwithstanding violation of any condition under this Clause 3, this decision shall not constitute a waiver of any of Burger King’s rights or remedies, nor of Your obligations, under this or any other clause.

3.3       Nothing in this Clause 3 shall restrict the mandatory rights of the Authorised User under Directive 2009/24/EC of the European Parliament and of the Council of 23 April 2009 on the legal protection of computer programs, including the right to decompile the App to the extent strictly necessary to achieve interoperability with an independently created computer program, provided the conditions of Article 6 of that Directive are met.

4. App Store Compliance (Apple)

4.1       You acknowledge and agree that:

(a)        this EULA is concluded between You and Burger King only, and not with Apple;

(b)       Burger King, and not Apple, is solely responsible for the App and its content;

(c)        the licence granted to You under Clause 2 is subject to the Usage Rules set out in Apple’s Media Services Terms and Conditions;

(d)       Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App;

(e)        in the event of any failure of the App to conform to any applicable warranty (to the extent that any warranty applies under applicable law that cannot be disclaimed), You may notify Apple and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty shall be Burger King’s sole responsibility;

(f)        Burger King, and not Apple, is responsible for addressing any claims by You or any third party relating to the App or Your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation;

(g)       in the event of any third-party claim that the App or Your possession and use of the App infringes that third party’s intellectual property rights, Burger King, and not Apple, shall be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim;

(h)       to the fullest extent permitted by applicable law, Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Apple shall have the right (and shall be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

4.2       You represent and warrant that:

(a)        You are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a “terrorist supporting” country; and

(b)       You are not listed on any United States Government list of prohibited or restricted parties.

4.3       You must comply with all applicable third-party terms of agreement when using the App, including any applicable wireless data service agreement.

4.4       The terms of Apple’s Licensed Application End User Licence Agreement (available at https://www.apple.com/legal/internet-services/itunes/dev/stdeula/) are incorporated herein by reference to the extent they are not inconsistent with this EULA.

5. App Store Compliance (Google Play)

5.1       You acknowledge and agree that:

(a)        this EULA is concluded between You and Burger King only, and not with Google;

(b)       Burger King, and not Google, is solely responsible for the App and its content;

(c)        Google has no obligation or liability to You with respect to the App or this EULA;

(d)       Burger King is responsible for addressing any claims by You or any third party relating to the App, including product liability claims, IP infringement claims, and any claims that the App fails to conform to any applicable legal or regulatory requirements.

5.2       Burger King complies with all applicable requirements under the Google Play Developer Programme Policies and the Developer Distribution Agreement.

5.3       The App’s data practices are disclosed in the Google Play Data Safety section. Burger King collects and processes personal data as set out in the Privacy Policy and in accordance with Clause 7 of this EULA. The categories of data collected, the purposes of processing, and whether data is shared with third parties are detailed in the Google Play Data Safety disclosures and in the Privacy Policy.

5.4       Google and its subsidiaries are third-party beneficiaries of this EULA, and upon Your acceptance of this EULA, Google shall have the right (and shall be deemed to have accepted the right) to enforce this EULA against You as a third-party beneficiary thereof.

5.5       Where Burger King requests sensitive permissions (including but not limited to access to location, camera, or contacts), it shall provide prominent in-app disclosures in accordance with Google’s requirements.

6. Intellectual Property Rights

6.1       You acknowledge and agree that all right, title, and interest in and to the App, including all software, content, graphics, user interfaces, audio, video, documentation, and any updates, upgrades, or new versions thereof, shall vest in and remain the exclusive property of Burger King or its licensors (collectively, the “IP Rights”).

6.2       Nothing in this EULA shall be construed as a transfer or licence over any vested, contingent, or future intellectual property rights belonging to Burger King or any rights which have been lawfully licensed to Burger King, including but not limited to patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, sui generis database rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, design rights (whether registered or unregistered), rights in computer software, and all other intellectual property rights, in each case whether registered or unregistered and including all applications, renewals, extensions, and rights to claim priority from such rights, and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

6.3       The App and its underlying software are protected under EU law, including Directive 2009/24/EC on the legal protection of computer programs, Directive 2001/29/EC on the harmonisation of certain aspects of copyright and related rights in the information society, and any applicable Maltese legislation implementing the same.

6.4       Any claims from Authorised Users or third parties relating to this App or its possession or use, including alleged breaches of third-party intellectual property rights, product liability claims, and compliance with legal or regulatory requirements, should be directed solely to Burger King.

6.5       User Content. To the extent that You submit, upload, or otherwise make available any content through the App (including reviews, ratings, or feedback), You grant Burger King a non-exclusive, royalty-free, worldwide, sublicensable licence to use, reproduce, modify, adapt, publish, and display such content solely for the purposes of operating and improving the App and Services. You represent and warrant that You have all necessary rights to grant such licence and that such content does not infringe any third-party rights.

7. Data Protection and Privacy

7.1       Burger King processes personal data in accordance with its Privacy Policy.

7.2       Apple (iOS). Where the App requests access to tracking data or identifiers for advertising purposes, Burger King shall comply with Apple’s App Tracking Transparency framework. You will be presented with a prompt seeking Your explicit consent before any such tracking occurs.

7.3       Google (Android). The App’s data collection and sharing practices are disclosed in the Google Play Data Safety section. Burger King ensures that such disclosures accurately reflect the data practices implemented in the App.

8. Updates and Changes to the App

8.1       Burger King shall supply updates to the App, including security updates, as necessary to maintain the conformity of the App in accordance with Directive (EU) 2019/770.

8.2       You agree to install security updates and application patches for this App as they become available. Failure to install updates provided by Burger King may affect the functionality and security of the App, and Burger King shall not be liable for any defects arising solely from Your failure to install available updates within a reasonable time.

8.3       Burger King may update or modify the App from time to time to improve functionality, address security issues, or comply with legal requirements. Where any such update materially changes the functionality of the App beyond what is necessary to maintain conformity, Burger King shall inform You in advance and, where the change negatively affects Your access to or use of the App, You may terminate this EULA without charge within thirty (30) days of the change taking effect.

8.4       Burger King may change any part of this EULA at any time, provided that Burger King shall provide You with reasonable notice of the same and a notice period sufficient to allow You to withdraw from this EULA before the change takes effect.

8.5       Should You continue to use this App after the relevant notice period ends, it will be assumed that You have accepted the changes and the said changes will take effect automatically.

9. Data Charges

9.1       Burger King is not responsible for any charges, including but not limited to mobile data charges, roaming charges, or internet service provider fees, which may apply in conjunction with Your use of the App. You are solely responsible for any costs charged by Your mobile network operator or internet service provider.

10. No Warranties / Disclaimer

10.1     This App is provided on an “as is” and “as available” basis, with no warranties or guarantees of any kind as to its functionality or quality, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permitted by applicable law.

10.2     Burger King does not warrant that: (a) the App will be free from defects, errors, or viruses; (b) access to the App will be uninterrupted, timely, or without delays or failures; or (c) any content or information obtained through the App will be accurate or reliable.

10.3     To the extent any warranty exists under applicable law that cannot be disclaimed, Burger King shall be solely responsible for such warranty. Neither Apple nor Google shall have any warranty obligation whatsoever with respect to the App.

10.4     Your use of the App and any material downloaded or made available through the App is at Your own discretion and risk. The Authorised User is responsible for adequate protection and back-up of data and/or equipment and for undertaking reasonable precautions to scan for computer viruses or other destructive properties.

10.5     Nothing in this Clause 10 shall exclude or limit any rights You have as a consumer under Maltese or EU law that cannot be excluded or limited by agreement, including mandatory conformity requirements under Directive (EU) 2019/770.

11. Limitation of Liability

11.1     To the fullest extent permitted by applicable law, Burger King shall not be liable to You for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of goodwill, business interruption, or any other intangible losses, arising out of or in connection with Your use of (or inability to use) the App.

11.2     Subject to Clause 11.4, the aggregate liability of Burger King to You for all claims arising out of or in connection with this EULA or the App shall not exceed the greater of: (a) the total amount paid by You for Services through the App in the twelve (12) months preceding the event giving rise to the claim; or (b) one hundred euros (€100).

11.3     All product claims, whether arising under product liability, consumer protection, or any other legal or regulatory framework, shall be directed solely to Burger King. Neither Apple nor Google shall be liable in respect of any such claims.

11.4     Nothing in this EULA shall limit or exclude liability for:

(a)        death or personal injury caused by gross negligence or wilful misconduct;

(b)       fraud or fraudulent misrepresentation;

(c)        any liability which cannot be excluded or limited under applicable Maltese or EU law; or

(d)       any mandatory statutory rights of consumers, including those under the Consumer Affairs Act (Cap. 378) and Directive (EU) 2019/770.

12. Third-Party Services and Links

12.1     The App may contain links to third-party websites, applications, or services that are not owned or controlled by Burger King. Burger King does not endorse and is not responsible or liable for any such third-party content, products, or services.

12.2     Your use of any third-party websites or services is subject to the terms and conditions and privacy policies of those third parties. Burger King recommends that You review such terms before engaging with any third-party content.

12.3     Burger King is not responsible for the accuracy, timeliness, continued availability, or existence of content, hyperlinks, or third-party websites or pages linked to or from the App.

12.4     Burger King is not responsible for any third-party software that may be used in connection with the App.

13. Termination

13.1     Termination by Burger King for convenience. Burger King may terminate this EULA and/or the App and related services at any time for any reason upon providing You with not less than thirty (30) days’ prior written notice.

13.2     Termination by Burger King for cause. Burger King may terminate this EULA immediately without notice if You breach any material term of this EULA, the T&Cs, or any applicable law.

13.3     Termination by You. You may terminate this EULA at any time by deleting the App from all of Your devices.

13.4     Effects of termination. Upon termination of this EULA for any reason:

(a)        You must remove the App from any device which You own and/or for which You are responsible;

(b)       You must destroy all copies of the App, including all components thereof, in Your possession; and

(c)        all rights granted to You under this EULA will immediately cease.

13.5     If You change or dispose of any device on which the App is installed, You must delete the App from such device prior to transfer.

13.6     Survival. Clauses 6 (Intellectual Property Rights), 7 (Data Protection and Privacy), 10 (No Warranties), 11 (Limitation of Liability), 15 (Governing Law and Jurisdiction), and 17 (Severability) shall survive termination of this EULA.

14. Complaints and Dispute Resolution

14.1     All notices, questions, or complaints must be addressed to and sent in writing by the Customer to Burger King using the contact details set out in Clause 19. To the extent You have any claim arising from or relating to Your use of the App, Burger King is solely responsible for addressing such claims. Nothing in this EULA shall be deemed an admission that You may have such claims.

14.2     If a dispute cannot be resolved directly with Burger King, You may refer the matter to the Malta Competition and Consumer Affairs Authority (“MCCAA”) as the competent Alternative Dispute Resolution (ADR) entity under applicable Maltese law.

14.3     In accordance with Regulation (EU) No 524/2013, You may also submit a complaint via the EU Online Dispute Resolution platform, available at: https://ec.europa.eu/consumers/odr.

14.4     Nothing in this Clause 14 shall affect Your right to bring proceedings before the competent courts in accordance with Clause 15, nor shall it affect any statutory time limits applicable to Your claims.

15. Governing Law and Jurisdiction

15.1     This EULA and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Malta.

15.2     Subject to Clause 15.3, the courts of Malta shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this EULA.

15.3     If You are a consumer habitually resident in another Member State of the European Union, You may also bring proceedings in the courts of Your habitual residence in accordance with Regulation (EU) No 1215/2012 of the European Parliament and of the Council of 12 December 2012 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. Nothing in this EULA shall deprive You of the protection afforded by the mandatory rules of the law of Your habitual residence that cannot be derogated from by agreement, in accordance with Regulation (EC) No 593/2008 (Rome I Regulation).

16. Electronic Commerce Disclosures

16.1     In accordance with the Electronic Commerce Act (Cap. 426 of the Laws of Malta) implementing Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, the following information is provided:

(a)        Trader name: Food Chain Limited (trading as “Burger King Malta”);

(b)       Company registration number: C 753;

(c)        Registered address: 303, Qormi Road, Marsa, Malta;

(d)       Email: foodchain@foodchain.com.mt

(e)        VAT number: MT 1025-6815

16.2     This information shall be permanently and easily accessible to recipients of the Services and to competent authorities.

17. Severability

17.1     If any provision or part-provision of this EULA is or becomes invalid, illegal, or unenforceable for any reason, it shall be deemed severed from this EULA and the remaining provisions shall continue in full force and effect.

17.2     If any invalid, unenforceable, or illegal provision of this EULA would be valid, enforceable, and legal if some part of it were deleted or modified, the provision shall apply with the minimum modification necessary to make it legal, valid, and enforceable whilst preserving the commercial intent of the parties.

17.3     Nothing in this EULA will reduce the Customer’s statutory rights, including but not limited to any rights of the Customer as a consumer under applicable Maltese or EU law.

18. Entire Agreement

18.1     This EULA, together with the T&Cs and the Privacy Policy, constitutes the entire agreement between You and Burger King regarding Your use of the App and supersedes all prior or contemporaneous agreements, representations, and understandings (whether oral or written) relating to the subject matter hereof.

18.2     In the event of any conflict between this EULA and the T&Cs, the T&Cs shall prevail to the extent of the inconsistency, save where this EULA specifically provides otherwise in relation to the licensing of the App.

19. Contact Details

19.1     If You have any questions, complaints, or requests regarding this EULA or the App, please contact Us at:

Food Chain Limited

303, Qormi Road, Marsa, Malta

Email: foodchain@foodchain.com.mt

Telephone: 00 356 2091 6400

Last Updated on 26.10.2026