1. DEFINITIONS AND INTERPRETATION

1. In these Terms of Use, unless the context otherwise requires:
   1. “Aggregator Platform” means any third-party online food ordering, listing or delivery platform through which products bearing the Brand may be listed or ordered, including Swiggy and Zomato.
   2. “Applicable Law” means all statutes, enactments, rules, regulations, notifications, guidelines, directions and orders having the force of law in India, as amended from time to time.
   3. “Brand” means the “Burger Singh” brand, together with the Marks.
   4. “Call Centre” means the telephone order-taking facility operated by or on behalf of the Company, the contact number for which is displayed on the Platform.
   5. “Company”, “we”, “us” or “our” means Tipping Mr Pink Private Limited, a company incorporated under the Companies Act, 1956 bearing Corporate Identity Number U55101DL2012PTC238232 and having its registered office at H-45, Block-H, Connaught Place, New Delhi – 110001.
   6. “Content” means all text, images, photographs, graphics, menus, descriptions, prices, logos, marks, videos, audio, data, layouts, designs, software and other material made available on or through the Platform.
   7. “DPDP Act” means the Digital Personal Data Protection Act, 2023 and the rules made thereunder.
   8. “Enquiry” means any information, request, application, feedback, suggestion or other material submitted by a User through the Platform or to any contact address displayed on it, including a franchise enquiry.
   9. “Franchise Agreement” means a written franchise agreement or operating licence agreement executed between the Company and a Franchisee.
   10. “Franchisee” means an independent person or entity that operates an Outlet under a Franchise Agreement.
   11. “Marks” means the trade marks, service marks, trade names, logos, devices, get-up and trade dress owned by or licensed to the Company in connection with the Brand.
   12. “Outlet” means any restaurant, quick service restaurant, kiosk, cloud kitchen, counter or other food service establishment operating under the Brand, whether owned and operated by the Company or by a Franchisee.
   13. “Personal Data” has the meaning given to it under the DPDP Act.
   14. “Platform” means the website hosted at https://burgersinghonline.com, including all web pages, sub-pages, features, functionality and Content made available on that domain, and includes any mobile application, progressive web application or other digital interface which the Company may hereafter operate and expressly notify as being governed by these Terms.
   15. “Terms” means these Terms of Use, as amended from time to time, together with the Privacy Policy and any additional terms notified under Clause 2.6.
   16. “You”, “Your” or “User” means any person who accesses, browses or uses the Platform.
2. The headings in these Terms are for convenience only and do not affect their construction. Words importing the singular include the plural and vice versa. A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time. The expressions “including”, “includes” and “in particular” are illustrative and do not limit the words preceding them.

2. NATURE OF THE PLATFORM AND SCOPE OF THESE TERMS

2. The Platform is an informational and enquiry website. It is provided to enable You to obtain information about the Brand, its menu offerings, its Outlets and its franchise programme, and to contact the Company.
3. No transactions are conducted on the Platform. The Platform does not provide any facility to place an order, add any item to a cart, check out, or make any payment. The Company neither accepts nor is able to accept any payment of any kind through the Platform. If You encounter any page, link, form or communication that purports to accept payment on the Platform or on the Company's behalf in connection with the Platform, please do not make any payment and please report it immediately to the Grievance Officer under Clause 21.
4. The Platform is not an electronic commerce platform. No buying or selling of goods or services is offered, facilitated or conducted through the Platform, and the Platform is neither a marketplace nor an inventory e-commerce platform. The Company does not act as an electronic commerce entity in respect of the Platform.
5. The Company is not an intermediary in respect of the Platform. The Content is published by or on behalf of the Company. The Platform does not host user-generated content, third-party listings or third-party offerings. Notwithstanding that the Company does not act as an intermediary, the Company has voluntarily appointed a Grievance Officer, whose particulars appear at Clause 21 and in Schedule I.
6. By accessing or using the Platform, You acknowledge that You have read and understood these Terms and agree to be bound by them. These Terms constitute a binding agreement between You and the Company.
7. Certain features of the Platform, and certain promotions, offers or campaigns, may be subject to additional terms notified at the relevant time. Such additional terms form part of these Terms and, in the event of conflict, prevail to the extent of the inconsistency in relation to that feature, promotion, offer or campaign.

3. ACCEPTANCE, ELIGIBILITY AND CAPACITY

3. If You do not agree with any part of these Terms, You must discontinue use of the Platform.
4. By using the Platform You represent and warrant that You are competent to contract within the meaning of Section 11 of the Indian Contract Act, 1872, that is, You have attained eighteen years of age, are of sound mind and are not disqualified from contracting by any law to which You are subject.
5. Minors. The Platform is not directed at persons below the age of eighteen years. A person below eighteen years of age may access the Platform only under the supervision of a parent or lawful guardian who agrees to be bound by these Terms on that person's behalf. No Enquiry may be submitted by a person below eighteen years of age. The Company does not knowingly collect the Personal Data of a child through the Platform, and does not undertake tracking, behavioural monitoring or targeted advertising directed at children. Where the Company becomes aware that it holds Personal Data of a child collected without verifiable consent of a parent or lawful guardian, it shall take steps to erase such data.
6. If You use the Platform on behalf of a company, firm or other entity, You represent and warrant that You are duly authorised to bind that entity, and references to “You” shall include that entity.

4. CONTENT ON THE PLATFORM; NO OFFER

4. The Content is provided for general information only.
5. Nothing on the Platform constitutes an offer capable of acceptance. The display of any menu item, description, image, price, Outlet, promotion, offer or franchise information is an invitation to offer only, and does not constitute an offer by the Company or by any Outlet.
6. Menu items and offerings vary between Outlets and may be unavailable, withdrawn, substituted or discontinued at any time without notice. The display of an item on the Platform is not a representation that it is available at any particular Outlet or at any particular time.
7. Images of products are for illustration and serving suggestion only. The actual product may differ in appearance, size, portion, garnish, packaging and presentation.
8. While reasonable care is taken in preparing the Content, the Company does not warrant that the Content is accurate, complete, current or free from error. The Company may correct, modify, add to, suspend or withdraw any part of the Content at any time without notice and without liability.

5. MENU INFORMATION AND PRICING

5. Any price displayed on the Platform is indicative only and is provided for general information.
6. The price actually payable is determined by the Outlet fulfilling the order and may differ from the price displayed on the Platform. Prices vary between Outlets on account of location, store format, operating and input costs, and the taxes, cesses and levies applicable in the relevant State or local area.
7. Franchisee pricing. Outlets are, in many cases, owned and operated by independent Franchisees who, subject to the terms of their respective Franchise Agreements, determine the prices at which they sell products to customers. The Company does not represent, warrant or guarantee that any price displayed on the Platform is the price at which any particular Outlet will offer or sell any product.
8. Aggregator pricing. Prices listed on an Aggregator Platform may differ from the prices displayed on the Platform and from the prices charged at an Outlet. Such differences may arise on account of the platform fees, commissions, packaging charges, delivery charges, taxes, discounts and promotions applied by the relevant Aggregator Platform, over which the Company exercises no control.
9. Unless otherwise stated on the relevant page, prices displayed on the Platform are exclusive of goods and services tax and other applicable levies, and do not include packaging charges, delivery charges or any charge levied by an Aggregator Platform.
10. Offers, discounts, coupons and promotions are subject to the specific terms, eligibility conditions, validity period, participating Outlets and availability notified in relation to them, and may be varied, suspended or withdrawn at any time without notice.
11. In the event of any inconsistency between a price displayed on the Platform and the price quoted to You by the Call Centre, by an Outlet or on an Aggregator Platform, the price so quoted shall prevail. You will be informed of the total amount payable, including all applicable taxes and charges, before You are asked to confirm Your order.

6. ORDERS PLACED THROUGH THE CALL CENTRE

6. Bulk Orders may be placed by telephone by calling the Call Centre at the number displayed on the Platform.
7. An order placed through the Call Centre constitutes an offer by You to purchase the products specified, at the price quoted, from the Outlet nominated to fulfil that order. A contract comes into existence only when that order is accepted and confirmed. Until such confirmation, no contract subsists.
8. The Company or the relevant Outlet may decline any order, in whole or in part, without liability, including where the item is unavailable, the delivery address falls outside the serviceable area of any Outlet, a price or product description has been stated in error, the order cannot be verified, the order is suspected to be fraudulent or abusive, or fulfilment would be unlawful or impracticable. Where an order is declined after payment has been made to the Outlet, the amount paid shall be refunded.
9. Recording of calls. Calls to and from the Call Centre may be recorded or monitored for the purposes of order accuracy, quality assurance, staff training, and the investigation and resolution of complaints and disputes. Where calls are recorded, notice to that effect is given at the commencement of the call. Recordings are retained and processed in accordance with the Privacy Policy and the DPDP Act.
6. The Company is not responsible for any failure, interruption, delay or error in telecommunication or network services, or for any consequence of an incorrect telephone number, address or instruction provided by You.

7. ORDERS PLACED THROUGH AGGREGATOR PLATFORMS

7. Products bearing the Brand may be listed on, and ordered through, Aggregator Platforms.
8. Any order placed through an Aggregator Platform is governed exclusively by the terms and conditions and policies of that Aggregator Platform, and not by these Terms. You should read those terms before placing any order.
9. The Company is not a party to, and assumes no responsibility in respect of, the arrangements between You and any Aggregator Platform. Listing, pricing, promotions, order acceptance, delivery, cancellation, refunds, delivery personnel and customer support in respect of such orders are matters for the relevant Aggregator Platform and are subject to its policies.
10. The Company does not control and is not responsible for the content, listings, images, descriptions, prices, availability, service levels or conduct of any Aggregator Platform or its personnel.
11. Complaints concerning an order placed through an Aggregator Platform should in the first instance be raised with that Aggregator Platform. This does not prevent You from raising with the Company under Clause 21 any complaint concerning the quality, safety or description of a product bearing the Brand, and the Company will address such complaints on their merits.

8. OUTLETS AND RELATIONSHIP OF THE PARTIES

8. Outlets are operated either by the Company or by Franchisees. Each Franchisee is an independent business which operates its Outlet on a principal-to-principal basis under a Franchise Agreement, and is responsible for the day-to-day conduct of its business, including its personnel, its premises, its licences and registrations, its compliance with Applicable Law, and the preparation, handling and service of food at its Outlet.
9. Nothing in these Terms or on the Platform creates any partnership, joint venture, agency, employment or fiduciary relationship between the Company and any Franchisee, or between the Company and any User, and no party has authority to bind the other.
10. Nothing in these Terms confers upon any User any right, benefit or remedy under any Franchise Agreement, and no User is intended to be a third-party beneficiary of any Franchise Agreement. The Company's rights and remedies against any Franchisee under its Franchise Agreement are unaffected by these Terms and are reserved.
11. The Company reserves the right to open, relocate, close or cease to operate any Outlet, and to terminate any Franchise Agreement, at any time in accordance with Applicable Law and the terms of the relevant agreement.
12. Nothing in this Clause 8, or elsewhere in these Terms, limits, excludes or otherwise affects any right or remedy available to a consumer against the Company or against any Franchisee under the Consumer Protection Act, 2019, the Food Safety and Standards Act, 2006 or any other Applicable Law.

9. FOOD SAFETY, ALLERGENS AND NUTRITIONAL INFORMATION

9. The Company and its Outlets hold licences and registrations under the Food Safety and Standards Act, 2006 and the regulations made thereunder. The applicable licence particulars are set out in Schedule I and are displayed at the relevant Outlet.
10. Allergens. Products may contain, or may have come into contact with, one or more of the following: cereals containing gluten, milk and milk products, egg and egg products, soy, peanuts, tree nuts, sesame, mustard, fish, crustacea and molluscs, and sulphites, etc.
11. Shared preparation environment. Food is prepared in kitchens in which vegetarian and non-vegetarian products, and multiple allergens, are handled, and in which equipment, utensils, surfaces and frying media may be shared. The Company is therefore unable to guarantee that any product is free from any particular allergen or ingredient, or from cross-contact. If You have a food allergy, intolerance, medical condition, or a dietary or religious requirement, You should inform the Outlet before ordering and exercise Your own judgment before consuming any product.
12. Nutritional information. Any calorific, nutritional or ingredient information displayed on the Platform is indicative, is computed on the basis of standard recipes and standard portion sizes in accordance with the Food Safety and Standards (Labelling and Display) Regulations, 2020, and may vary in practice on account of customisation, portioning, preparation method and variation in ingredients and suppliers.
13. We do not accept requests for customisation, including a request to omit or substitute an ingredient. In the event such requests are raised through third-party platforms, the customisation requests may not be delivered and the Company makes no representation or warranty that the product supplied is free from that ingredient or from any allergen.
14. Descriptions and claims made in relation to products are made in accordance with the Food Safety and Standards (Advertising and Claims) Regulations, 2018. Any claim as to halal, vegetarian, Jain or other religious or dietary compliance should be verified with the relevant Outlet.

10. FRANCHISE ENQUIRIES

10. The Platform enables prospective franchisees to submit an Enquiry in relation to the Company's franchise programme. This Clause 10 applies to all such Enquiries and to all franchise-related Content on the Platform.
11. No offer or solicitation. All franchise-related Content on the Platform is provided for general information only. Nothing on the Platform constitutes an offer, invitation, solicitation, recommendation or inducement to acquire a franchise, to invest, or to enter into any arrangement of any nature, nor does it constitute an offer of securities or of any investment or financial product.
12. No representation as to returns. The Company makes no representation, warranty, projection, forecast, estimate, assurance or guarantee of any kind, express or implied, as to sales, revenue, turnover, profits, margins, costs, payback period, return on investment, or the success, viability or profitability of any Outlet or of any franchise. Any figure, illustration or case study that may be provided at any time is indicative only, is derived from historical or aggregated information which may not be representative, and is not a promise, projection or guarantee of performance. Actual outcomes depend on numerous factors beyond the Company's control, including location, footfall, competition, local market conditions, the capital deployed, the availability of statutory approvals, and the skill, diligence and management of the Franchisee.
13. No binding relationship until execution. The submission of an Enquiry, and any subsequent discussion, correspondence, meeting, presentation, site visit, expression of interest, letter of intent or term sheet, shall not create any binding obligation on the Company or any right, expectation or interest in favour of any person. Rights and obligations in relation to a franchise arise only upon the execution of a written Franchise Agreement by an authorised signatory of the Company and the satisfaction of all conditions precedent contained in it.
14. The Company may accept, reject, defer, suspend or discontinue consideration of any Enquiry at its sole discretion, without assigning any reason and without liability. The Company is under no obligation to respond to any Enquiry.
15. Prospective franchisees are advised to carry out their own due diligence and to obtain independent legal, financial and tax advice before committing any funds or entering into any arrangement. The Company does not provide, and nothing on the Platform constitutes, legal, financial, investment or tax advice.
16. No payment is sought through the Platform. The Company does not seek or accept any payment, deposit, registration fee, application fee, processing fee or advance of any nature through the Platform or in consideration of the submission or consideration of an Enquiry. Any demand for such payment, purportedly made by or on behalf of the Company, should be treated as fraudulent, should not be met, and should be reported immediately to the Grievance Officer. Amounts payable under a Franchise Agreement are payable only into the designated bank account of the Company specified in that agreement.
17. Information submitted through an Enquiry is not treated as confidential and no obligation of confidence arises in respect of it, unless and until a written non-disclosure agreement is executed between the Company and the person concerned. You should not submit confidential or proprietary information through the Platform.

11. ACCESS FROM OUTSIDE INDIA

11. The Platform is operated from India, is directed at persons located in India, and its Content is prepared with reference to Indian law.
12. The Company does not offer, market, sell or supply any product or service outside India through the Platform. Nothing on the Platform constitutes an offer or solicitation in any jurisdiction in which such an offer or solicitation is unlawful, or in which the Company is not authorised to make it, or to any person to whom it is unlawful to make it.
13. If You access the Platform from outside India, You do so on Your own initiative and are solely responsible for compliance with the laws of the jurisdiction from which You access it. The Company makes no representation that the Content is appropriate or available for use outside India.
14. Franchise enquiries from outside India. Any Enquiry submitted from outside India, and any franchise, master franchise, area development, licensing or similar arrangement involving a person resident outside India, is subject to the Foreign Exchange Management Act, 1999 and the rules, regulations and directions made thereunder, the extant consolidated foreign direct investment policy, applicable Indian tax law including withholding obligations, and the receipt of all requisite regulatory approvals. The Company is under no obligation to enter into, and gives no assurance that it will enter into, any such arrangement.
15. The accessibility of the Platform in any jurisdiction outside India shall not be construed as the Company carrying on business in that jurisdiction, as the Company having any establishment there, or as the Company submitting to the jurisdiction of the courts or authorities of that jurisdiction.

12. PERMITTED USE AND PROHIBITED CONDUCT

12. The Company grants You a limited, revocable, non-exclusive, non-transferable and non-sub-licensable right to access and use the Platform for Your own personal and non-commercial purposes, in accordance with these Terms.
13. You shall not, and shall not permit or enable any other person to:
    1. use the Platform for any unlawful purpose or in contravention of any Applicable Law;
    2. host, display, upload, transmit or share through the Platform any information which belongs to another person and to which You do not have any right; which is obscene, paedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, or otherwise inconsistent with or contrary to Applicable Law; which is harmful to a child; which infringes any patent, trade mark, copyright or other proprietary right; which deceives or misleads as to its origin or communicates information which is patently false or misleading in nature; which impersonates another person; which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence, or prevents investigation of any offence, or is insulting to any other nation; or which contains any software virus, malicious code or other computer instruction designed to limit or damage the functioning of any computer resource;
    3. use any robot, spider, crawler, scraper, script or other automated means to access, monitor, index or copy the Platform or any Content, or to extract, compile or aggregate any data from it, including any pricing, menu or Outlet data;
    4. frame, mirror, deep-link into, or otherwise present the Platform or any Content in a manner that misrepresents its source or association;
    5. decompile, disassemble, reverse engineer or attempt to derive the source code of, or circumvent, disable or interfere with any security or access-control feature of, the Platform;
    6. gain or attempt to gain unauthorised access to the Platform, any server, network or account associated with it, or to impose an unreasonable or disproportionate load on its infrastructure;
    7. harvest or collect Personal Data of any other person from the Platform;
    8. submit any false, misleading, fraudulent or abusive Enquiry, or submit any Enquiry using the identity or contact details of another person without authority; or
    9. represent or hold out, expressly or by implication, that You are associated with, authorised by, or acting on behalf of the Company or the Brand, when You are not.
14. The Company may investigate any suspected breach of this Clause 12 and may take such action as it considers appropriate, including restricting or terminating access under Clause 19, and reporting the matter to law enforcement or other competent authorities.

13. INTELLECTUAL PROPERTY

13. All Content and all Marks are owned by, or licensed to, the Company, and are protected under the Copyright Act, 1957, the Trade Marks Act, 1999 and other Applicable Law. Without limitation, the “Burger Singh” word mark and device are registered in the name of the Company.
14. Except for the limited right of access granted under Clause 12.1, no right, title, licence or interest in or to any Content or any Mark is granted or is to be implied. All rights not expressly granted are reserved.
15. You shall not use, reproduce, adapt, translate, publish, communicate to the public, or create any derivative work from, any Content or any Mark without the prior written consent of the Company. In particular, You shall not use any Mark, or any mark deceptively similar to it, in or as part of any domain name, social media handle, business or trading name, signage, packaging, advertising, metatag, hashtag or paid search keyword.
16. The rights of a Franchisee to use the Marks arise solely under and to the extent of its Franchise Agreement. Nothing in these Terms grants, extends or varies any such right.
17. User submissions. Where You submit any Enquiry, feedback, suggestion, testimonial, review, photograph or other material to the Company through the Platform, You grant to the Company a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, transferable and sub-licensable licence to use, store, reproduce, adapt, modify, translate, publish and display such material for the Company's business and marketing purposes, in any medium. You waive, to the fullest extent permissible under section 57 of the Copyright Act, 1957, any moral rights in such material. You represent and warrant that You own or are otherwise entitled to grant such rights and that the material does not infringe the rights of any third party. The Company is under no obligation to use any such material or to make any payment in respect of it.
18. If You believe that any Content infringes Your intellectual property rights, please write to the Grievance Officer under Clause 21 with particulars of the right claimed, the Content complained of, and the basis of the claim, together with supporting documents.

14. THIRD-PARTY LINKS AND CONTENT

14. The Platform may contain links to, or content originating from, third-party websites, applications or services, including Aggregator Platforms and social media platforms. Such links and content are provided for convenience only.
15. The Company does not control, endorse, verify or assume responsibility for any third-party website, application, service or content, or for the availability, accuracy, legality or security of any of them. Your access to and use of any third-party website, application or service is at Your own risk and is governed by the terms and policies of the relevant third party.

15. PRIVACY AND DATA PROTECTION

15. Enquiry forms. The Platform provides one or more forms through which You may submit an Enquiry, including a franchise enquiry form. Completion and submission of any such form is entirely voluntary. You are not required to submit any Enquiry, or to provide any Personal Data, in order to browse the Platform or to access the Content.
16. Information collected. The Enquiry forms collect the following categories of information:
    1. identity and contact information, namely full name, email address, mobile or telephone number, city, State and, where provided, postal address;
    2. in the case of a franchise enquiry, information relating to Your present occupation or business, prior experience in food service, retail or hospitality, the city, locality or area in which You are interested, the indicative extent of capital You are able to deploy, whether premises have been identified and their particulars, Your expected timeline, and the manner in which You came to know of the franchise programme;
    3. the content of any message, query, comment or attachment which You choose to include; and
    4. technical information generated automatically upon submission, including internet protocol address, device and browser information, and the date and time of submission.
17. Purposes of processing. Information submitted through an Enquiry form is collected and processed only for the following specified purposes:
    1. to identify You, and to respond to, correspond with You about, and deal with Your Enquiry;
    2. to assess and evaluate a franchise enquiry, including preliminary assessment of suitability and of the location or territory of interest;
    3. to carry out such verification and due diligence as the Company considers necessary in connection with a franchise proposal;
    4. to negotiate and, where applicable, to enter into, perform and administer a Franchise Agreement;
    5. to maintain internal records of enquiries received and of the Company's dealings with them;
    6. to detect, investigate and prevent fraud, impersonation, misuse and abuse of the Platform;
    7. to comply with Applicable Law and to respond to any lawful requirement of a court, tribunal or authority; and
    8. where You have separately and expressly consented, to send You information about the Company's products, offerings, promotions and franchise programme.
18. Data Fiduciary. In respect of Personal Data collected through the Platform, the Enquiry forms and the Call Centre, the Company acts as a Data Fiduciary under the DPDP Act. Where a service provider or a Franchisee processes such Personal Data on behalf of and on the instructions of the Company, it does so as a Data Processor and not otherwise.
19. Notice and consent. A notice complying with section 5 of the DPDP Act is given at or before the point of collection on each Enquiry form, setting out the Personal Data sought, the purposes for which it will be processed, the manner in which You may exercise Your rights as a Data Principal, the manner in which You may withdraw consent, and the manner in which You may make a complaint to the Data Protection Board of India. Consent is sought by way of a clear affirmative action on Your part, is confined to the purposes stated in that notice, and is free, specific, informed, unconditional and unambiguous. Consent is not bundled with acceptance of these Terms, and the giving of consent is not a condition of access to the Platform.
20. Mandatory and optional fields. Fields identified as mandatory are those without which the Company is unable to process Your Enquiry. All other fields are optional and may be left blank, and doing so will not by itself result in Your Enquiry being rejected.
21. Information which must not be submitted. The Enquiry forms do not seek, and You should not submit through them, any of the following: bank account, payment card or other financial account details; any password, any Aadhaar number or any image or copy of any Aadhaar document; any permanent account number or image or copy of any identity document; any information relating to health; or any information relating to caste, religion, political affiliation or biometric identity. Where any document or particular of this nature is genuinely required at a later stage of a franchise process, it will be requested separately, through a secure channel, on a specific and limited basis, and with fresh notice and consent.
22. Accuracy of information submitted. You represent and warrant that all information submitted by You through the Platform is true, accurate, complete and current, and You undertake to inform the Company promptly of any material change. The Company is entitled to rely upon the information submitted. The Company may decline to consider, or may discontinue consideration of, any Enquiry which it has reason to believe contains information that is false, incomplete, misleading or submitted for an improper purpose, and may do so without assigning reasons and without liability.
23. Personal Data of other persons. You must not submit through the Platform the Personal Data of any other person, including a spouse, partner, co-applicant, associate, guarantor, employee or referee, unless You are authorised to do so. Where You do submit such Personal Data, You represent and warrant that You have obtained that person's consent, that You have informed that person of the purposes for which the data will be processed by the Company, and that You are entitled to make the submission. You shall indemnify the Company against any claim, loss or liability arising out of a breach of this Clause 15.9.
24. Communications in relation to Your Enquiry. By submitting an Enquiry and providing Your contact details, You consent to being contacted by the Company and by persons authorised by it, by telephone, short message service, email, or messaging application, in connection with that Enquiry. Such contact constitutes service communication relating to Your Enquiry and is distinct from promotional communication. Promotional communication will be sent only where You have separately consented to receive it, and only in accordance with applicable telecommunication regulations. You may withdraw consent to promotional communication at any time and without cost, in the manner indicated in the communication or by writing to the Grievance Officer, and such withdrawal will not affect the processing of Your Enquiry.
25. Sharing of information. Personal Data submitted through an Enquiry may be shared with:
    1. the directors, officers and employees of the Company, on a need-to-know basis;
    2. Data Processors engaged by the Company under written contract and permitted to process Personal Data only on its instructions and for the purposes stated in Clause 15.3, including providers of customer relationship management, cloud hosting, call centre, communication and analytics services;
    3. the Company's legal, financial and other professional advisers, to the extent necessary;
    4. in the case of a franchise enquiry concerning a particular territory, and only to the extent necessary, an existing Franchisee or development partner holding rights in that territory; and
    5. any court, tribunal, regulatory authority or law enforcement agency, where required by Applicable Law.
26. No sale of Personal Data. The Company does not sell, rent or trade Personal Data, and does not share it for the independent commercial purposes of any third party.
27. Retention and erasure. Personal Data submitted through an Enquiry is retained for so long as is necessary for the purposes set out in Clause 15.3 and, in any event, for a period not exceeding 3 years for general enquiries from the date of the last communication with You in relation to the Enquiry, save where a longer period is necessary for the establishment, exercise or defence of a legal claim or is required by Applicable Law. If separate documentation is undertaken with the Company, then the periods for retention of such information shall be subject to such written documents. On the expiry of that period, or upon withdrawal of consent where no other lawful basis for retention subsists, the Personal Data will be erased.
28. Rights of the Data Principal. Subject to and in accordance with the DPDP Act, You may:
    1. obtain a summary of the Personal Data being processed and of the processing activities undertaken;
    2. obtain the identities of any other Data Fiduciaries and Data Processors with whom Your Personal Data has been shared, and a description of the data shared;
    3. seek correction, completion, updating and erasure of Your Personal Data;
    4. withdraw Your consent at any time, with the same ease with which it was given;
    5. nominate another individual to exercise Your rights in the event of Your death or incapacity; and
    6. have Your grievance redressed, and thereafter make a complaint to the Data Protection Board of India.
29. Consequences of withdrawal of consent. Withdrawal of consent operates prospectively and does not affect the lawfulness of processing carried out before withdrawal. Where You withdraw consent, the Company will cease processing and will erase Your Personal Data unless retention is required by Applicable Law. You acknowledge that on withdrawal the Company may be unable to continue to consider or respond to Your Enquiry.
30. Exercise of rights. A request under Clause 15.14 may be made to the Grievance Officer under Clause 21, and will be dealt with within the period prescribed under the DPDP Act. The Company may seek such information as is reasonably necessary to verify Your identity before acting on a request.
31. Children. No Enquiry may be submitted by a person below eighteen years of age, and the Enquiry forms are not directed at children. Clause 3.3 applies.
32. Security. The Company implements reasonable security safeguards to prevent a personal data breach in respect of Personal Data in its possession or under its control, and requires its Data Processors to do likewise under contract. However, no method of transmission over the internet or of electronic storage is entirely secure, and the Company does not warrant absolute security. In the event of a personal data breach, the Company will give intimation to the Data Protection Board of India and to each affected Data Principal in the manner and within the time required under the DPDP Act.
33. Location of processing. Personal Data submitted through the Platform is processed and stored on servers located in India, and any transfer of Personal Data outside India is subject to section 16 of the DPDP Act and to any restriction notified by the Central Government in respect of the country or territory concerned.
34. Cookies. The Platform uses cookies and similar technologies as described in the Cookies Notice. Non-essential cookies are set only with Your consent, which You may withdraw at any time.
35. Enquiry content not confidential. Nothing in this Clause 15 affects Clause 10.12, under which the content of an Enquiry is not treated as confidential in the absence of a written non-disclosure agreement. Clause 15 governs the treatment of Personal Data; it does not confer confidentiality upon commercial information voluntarily submitted.
36. Privacy Policy. This Clause 15 is to be read together with the Company's Privacy Policy, which forms part of these Terms and is incorporated by reference. In the event of any inconsistency between this Clause 15 and the Privacy Policy in relation to the processing of Personal Data, the Privacy Policy shall prevail.

16. DISCLAIMERS

16. The Platform and the Content are provided on an “as is” and “as available” basis. The Company does not warrant that the Platform will be available without interruption, that access will be timely, secure or error-free, or that any defect will be corrected.
17. The Company does not warrant that the Platform or any server through which it is made available is free from viruses or other harmful components. You are responsible for maintaining Your own protective measures.
18. The Company may at any time and without notice suspend, withdraw, modify or discontinue the Platform or any part of it, or restrict access to it, for maintenance, upgrade, security, commercial or legal reasons.
19. The Content does not constitute legal, financial, investment, tax, nutritional, dietary or medical advice, and should not be relied upon as such.
20. Nothing in these Terms excludes or limits any liability which cannot lawfully be excluded or limited, including any liability under the Consumer Protection Act, 2019, the Food Safety and Standards Act, 2006 or the DPDP Act, any liability for death or personal injury caused by negligence, and any liability for fraud or fraudulent misrepresentation.

17. LIMITATION OF LIABILITY

17. Subject to Clause 17.3, the Company shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive loss or damage, or for any loss of profit, revenue, goodwill, anticipated saving, business opportunity or data, howsoever arising and whether or not foreseeable.
18. Subject to Clause 17.3, the aggregate liability of the Company arising out of or in connection with these Terms, the Platform or Your use of it shall not exceed the higher of (i) the value of the order or transaction to which the claim relates.
19. Clauses 17.1 and 17.2 do not apply to, and nothing in these Terms limits or excludes, (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; or (c) any liability which cannot lawfully be limited or excluded, including liability under the Consumer Protection Act, 2019 (including product liability under Chapter VI of that Act), the Food Safety and Standards Act, 2006 and the DPDP Act.
20. Nothing in these Terms shall be construed as limiting or curtailing the period within which any person may enforce any right under Applicable Law.

18. INDEMNITY

18. You agree to indemnify and hold harmless the Company, its directors, officers and employees, from and against any loss, damage, cost, expense (including reasonable legal costs), claim, demand or proceeding arising out of or in connection with (a) Your breach of these Terms; (b) Your violation of any Applicable Law; (c) Your infringement of the rights of any third party; or (d) any unauthorised use by You of the Marks or the Content.
19. The Company shall notify You in writing of any claim in respect of which indemnity is sought, and shall not settle or compromise any such claim without Your prior written consent, such consent not to be unreasonably withheld or delayed.

19. SUSPENSION AND TERMINATION OF ACCESS

19. The Company may, at its discretion and without notice, restrict, suspend or terminate Your access to the Platform or any part of it where it reasonably believes that You have breached these Terms or Applicable Law, or where necessary to protect the Platform, the Company, its Outlets, its personnel or other users.
20. Termination or suspension does not affect any right or liability accrued prior to it. Clauses 8, 13, 15, 16, 17, 18, 21, 22 and 23 survive termination.

20. AMENDMENTS TO THESE TERMS

20. The Company may amend these Terms from time to time. The date on which these Terms were last updated is stated at the head of this document and in Schedule I.
21. Where an amendment is material, the Company will give notice of it by a prominent notice on the Platform, stating the date from which the amended Terms take effect. Your continued use of the Platform on or after that date constitutes acceptance of the amended Terms.
22. No amendment shall apply retrospectively to any order already accepted or any Enquiry already submitted before the effective date of the amendment.

21. GRIEVANCE REDRESSAL

21. The Company has appointed a Grievance Officer, whose particulars are as follows:

    Name	Shubham Jain
    Address	Tipping Mr Pink Private Limited, H-45, Block-H, Connaught Place, New Delhi – 110001
    Email	grievanceofficer@burgersinghonline.com
    Business hours	10:00 AM to 6:00 PM IST on Monday to Friday (excluding public holidays)

22. A complaint should state Your name and contact details, the date, time, Outlet and order reference (if any), the nature of the complaint, the relief sought, and should enclose any supporting documents.
23. The Grievance Officer will acknowledge a complaint within 48 hours of receipt and will endeavour to dispose of it within 30 days of receipt.
24. A grievance concerning the processing of Your Personal Data may be addressed to Shubham Jain at grievanceofficer@burgersinghonline.com, being the person designated by the Company to respond to questions in relation to the processing of Personal Data.
25. Recourse to this Clause 21 is without prejudice to, and does not affect, any remedy available to You under Applicable Law, including the right to approach the Food Safety and Standards Authority of India or the food safety authority of the relevant State in respect of a food safety complaint, the National Consumer Helpline, or a Consumer Commission having jurisdiction.

22. GOVERNING LAW AND JURISDICTION

22. These Terms, and any dispute or claim arising out of or in connection with them or their subject matter, are governed by and shall be construed in accordance with the laws of India.
23. Subject to Clause 22.3, the courts at New Delhi shall have exclusive jurisdiction in respect of any dispute or claim arising out of or in connection with these Terms.
24. You are encouraged, but are not obliged, to raise any complaint under Clause 21 before commencing proceedings.

23. GENERAL

23. Entire agreement. These Terms, together with the Privacy Policy and any additional terms notified under Clause 2.6, constitute the entire agreement between You and the Company in relation to the Platform and supersede all prior understandings in relation to it.
24. Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, that provision shall be severed and the remaining provisions shall continue in full force and effect.
25. No waiver. No failure or delay by the Company in exercising any right or remedy shall operate as a waiver of it, and no single or partial exercise shall preclude any further exercise.
26. Assignment. The Company may assign or transfer its rights and obligations under these Terms to any affiliate, or in connection with any merger, amalgamation, restructuring, sale of business or change of control, without Your consent. You may not assign or transfer any of Your rights or obligations.
27. Force majeure. The Company shall not be liable for any failure or delay in performance caused by any event beyond its reasonable control, including act of God, natural disaster, epidemic or pandemic, fire, flood, war, civil disturbance, strike, act of government or regulatory authority, failure of utilities, telecommunications or internet services, or cyber attack. This Clause 23.5 does not affect Your entitlement to a refund of any amount paid for a product or service which is not supplied.
28. Third-party rights. Save as expressly provided, nothing in these Terms confers any right or benefit on any person who is not a party to them.
29. Notices. Notices to the Company shall be sent to legal@burgersinghonline.com and to its corporate office at Burger Singh HQ, 6th Floor, M3M Tee Point – North, Sector 65, Gurugram, Haryana - 122018 and registered office at H-45, Block-H, Connaught Place, New Delhi – 110001. Notices to You may be sent to the email address or postal address provided by You, or given by notice on the Platform.
30. Language. These Terms are executed and published in the English language. Any translation is provided for convenience only, and in the event of any inconsistency the English version shall prevail.

SCHEDULE I

STATUTORY AND REGULATORY DISCLOSURES

The following particulars are published in relation to the Platform and form part of these Terms.