Terms and Conditions
The Cheesecake Shop website www.thecheesecakeshop.com.au ("the Site") is owned and operated by The Cheesecake Shop Pty Ltd ABN 54 059 134 431 ('The Supplier') trading as "The Cheesecake Shop".
The Supplier may share and/or swap information, including Personal Information, with other Supplier related companies, affiliates, licensors and licensees (collectively referred to as “the TCS Entities”). The Supplier and the TCS Entities provide the Site so that customers are able to place online orders with participating The Cheesecake Shop (“TCS”) stores located within Australia. All TCS stores are independently operated and owned by Franchisees.
By using, browsing and/or accessing the pages or services in the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions (‘T&C’s’). If you do not agree to these T&C’s, please do not use the Site. You also agree to provide us with your consent to receive any required notices (if any). You acknowledge that these T&C’s contain disclaimers and other provisions that limit the Suppliers or the TCS Entities’ liability to you. You further agree that you will not use the Site for any unlawful purpose. In the event that you do not wish to be bound by these T&C’s, please do not use browse or access the Site.
All orders are accepted and handled in accordance with the conditions below and the customer accepts these conditions by using the Site.
1. Governing law
The Supplier controls and operates this site on servers in a secure hosting facility in Auckland, New Zealand. These T & C's are governed by the parliament laws of New Zealand. You and the Supplier agree to submit to the non-exclusive jurisdiction of the courts of New Zealand. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
2. Revisions to T & C's
The Supplier may revise or amend these T&C’s at any time at our absolute discretion by posting revised terms. You agree that, in the event that any portion of these T&C’s is found to be unenforceable, the remainder of these T&C’s remain in full force and effect. Any revisions will be effective immediately and by your continued use of the Site, you agree to the T&C’S as amended. If you do not agree to the new posted T&C’s, you agree that your only remedy is to discontinue your use of the Site.
Whist The Supplier and the TCS Entities’ seek to make reasonable efforts to provide accurate and timely information about the various products and services offered by The Supplier on the Site, the Supplier cannot guarantee that the information provided is always up to date and correct or that the Site contains all the relevant information available.
3. Site content, ownership, and use restrictions
The material on the Site is protected by copyright under the laws of Australia and other countries through international treaties. Unless otherwise indicated and except for information directly from or links to third-party websites, all rights (including copyright) in all content, other material and compilations contained in, or used to create or support this site including text, graphics, logos, button icons, video images, audio clips and navigational and other software (collectively referred to as the Contents) are owned or controlled, and are reserved by the Supplier and the TCS Entities.
The display of the Contents is not intended to be a comprehensive compilation of all of the Suppliers worldwide proprietary ownership rights and the Supplier may own or control other proprietary rights in one or more countries outside of Australia. All rights not expressly granted are reserved.
4. Advertising & Links to Third Party Websites
This site may contain information from or hyperlinks and other pointers to internet websites operated by third parties. Such information or websites are not under the control of the Supplier and/or the TCS Entities nor is the Supplier or the TCS Entities responsible for the contents of any such information or website. The Supplier and/or the TCS Entities provide such information and hyperlinks to you as convenience only, and the inclusion of any link does not imply any endorsement of the linked website by the Supplier and/or the TCS Entities. You rely on such information or websites entirely at your own risk. You are referred to the relevant third party websites for all information regarding the third parties products and/or services. Third parties are solely responsible to you, subject to their conditions, for all issues relating to their website including information, goods, services, prices and the delivery of any goods or services you purchase on the third party website.
5. Personal, non-commercial use
Permission is granted to display, copy, distribute, download, and print in hard copy portions of this Site solely for the proper and reasonable purposes of: a. Placing an order with the Supplier; or b. Using this site as a shopping resource, provided that you do not modify the site and that the Supplier retain all copyright and other proprietary notices contained in the Contents. You must not, without our prior written permission, exploit any of our site materials for commercial purposes or other purposes that are not expressly permitted under these T&C’s.
You agree not to use the Site for any purpose that is unlawful or may be deemed as unlawful or prohibited by the T&C’s, or to cause damage on or through use of the Site. You warrant to the Supplier that none of your communications with or through the Site will violate any applicable, local, state, federal, provincial, national, or international laws and/or regulations or infringe upon the rights of any third party or contain libellous, defamatory, obscene or abusive material.
6. Prohibited conduct
You are not authorised, without the prior written permission of the Supplier and any other owner of rights in content that you access via the site, to reproduce, frame, download, store (in any medium), communicate, show or play in public, adapt, change, or create a derivative work from that content. No trademark (whether registered or otherwise) that is contained on this site or otherwise used by the Supplier may be used without our prior, specific, written permission or that of the trademark owner.
The content and material on the Site is provided for lawful purposes only and any other use or modification of the content and materials found on the Site violates the intellectual property rights of the Supplier and/or the TCS Entities. The Supplier and/or the TCS Entities retain complete and full title and intellectual property rights to all content and materials found on the Site. You may not sell, modify, reproduce, repost or convert any contents and/or materials on the Site in any manner inconsistent with these T&C’s.
7. Licence to use
You grant the Supplier a perpetual, irrevocable, non-exclusive, fully-paid, royalty-free licence to use any material, information, expression of ideas and ideas that you transmit to this site or otherwise provide to the Supplier from the time you authorise it to be sent without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party.
You agree that this license shall include, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and/or license the submission, and all rights therein, in the name of the Supplier and/or the TCS Entities or their designees throughout the world in perpetuity, in all media now or hereafter known or created. In addition, you warrant that any “moral rights” (if any) pertaining to any copyrighted materials have been waived.
8. User conduct
You must not upload, post, transmit or otherwise make available through this Site any material which: - violates or infringes the rights of others (including their privacy and intellectual property rights); - is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person; - encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law; restricts or inhibit the Supplier any other user from using the site; - affects the functionality or operation of the site or the Supplier servers or the functionality or operation of any user's computer systems (e.g. by transmitting a computer virus or other harmful component, whether or not knowingly); or - breaches any standards, content requirements or codes promulgated by any relevant authority, including authorities that require the Supplier to take remedial action under any applicable industry code.
You agree to indemnify and will keep the Supplier indemnified against any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) made against or suffered by the Supplier in connection with your use of this site, your breach of these T&C’s or your breach of any rights of third parties. Buying products from our website, Products may vary between the Supplier retail stores and those found on the Supplier website.
10. Ordering goods
Access is via your user name and password, which is personal to you. You must therefore not allow your user name and password to be used by anyone else, and must not assist or permit any individual who is not a registered user to gain access to any part of the Site. You can change your password at any time within the 'My Account' page.
Any order placed by you in the manner described in the Site is an offer by you to purchase a particular product or service for the price (including other charges) specified on this site at the time you place your order. You acknowledge that, by placing your order, you are agreeing to pay for the goods ordered. Order cancellations cannot be made on the Site.
Once a customer has placed an order, it will be the customer’s responsibility to contact the participating TCS store to determine whether or not the order can be cancelled. The decision as to whether or not the order can be cancelled by the customer is solely at the discretion of the participating TCS store.
You further agree that the Supplier may change the prices published on the Site at any time. Prices of products placed in the basket but not paid for are also subject to change and you agree to pay the price current at the time of payment. While every effort has been made to ensure the accuracy of prices, images and information displayed on this Site, the Supplier is not responsible for any error and reserves the right to accept or reject your offer for any reason, including without limitation, the unavailability of any product, an error in the price, image or the product description posted on this site, or an error in your order. We may require additional verification or information before accepting any order. We only accept orders from within Australia. Within this area, our policies as to returns apply as set out in these T&C’s.
The Supplier reserve the right to terminate your ability to order via the Site, effective immediately without first notifying you in advance should you not operate your account in line with the T&C's.
All prices are inclusive of GST unless otherwise specified. Prices displayed on the Site are current at the time of issue, but may change at any time and are subject to availability. Prices and availability of items are subject to change without notice. Where permitted, we reserve the right to limit sales, including the right to prohibit sales to re-sellers.
As each TCS store is independently operated by a Franchisee, prices may vary from store to store. The price you pay will be clearly indicated as you progress through your order and a final total will be displayed at the completion of your order. Prices paid by customers for online orders from a specific store may differ from the recommended retail price.
All prices are in the New Zealand Dollar.
Orders must be collected from the participating TCS store, as the TCS online ordering service does not currently offer delivery. It is your responsibility to collect your order from the participating TCS store nominated by yourself at the time of placing your order. Customers will NOT be able to change their nominated participating TCS store once an order has been placed and accepted.
13. Limitation of liability
Our total liability to you (if any) in connection with the Site, or with these T&C’s or any goods or services supplied under them, will be limited to your discontinued use of the Site. To the maximum extent permitted by any applicable law, the Supplier, the TCS Entities and any other party (whether or not involved in the creation, maintenance, development or delivery of the Site) and the directors, officers, managers, employees, members, shareholders or agents of the Supplier and/or the TCS Entities exclude all and any liability and responsibility for any amount or kind of loss or damage of whatsoever nature or kind that may result to you or a third party in connection with the Site in any way whatsoever or in connection with the use, inability to use or the results of use of the Site, including without limitation actions or activities resulting from the use of resources presented on the Site, any websites linked to the Site or the material on such websites, including but not limited to loss or damage due to viruses that may affect your computer (including but not limited to computer equipment, software, data) or any other property on account of your use of or access to or browsing or downloading and/or uploading of any material of the Site or any website linked to the Site.
Nothing in these T&C’s shall limit or exclude the Suppliers or the TCS Entities’ liability in jurisdictions which do not allow the limitation or exclusion of liability for consequential or incidental damages. In such jurisdictions the Supplier and/or the TCS Entities liability shall be limited by the maximum extent permitted by law.
14. Disclaimer of warranty
The Supplier is providing the Site and the Supplier information, contents, materials and services on an 'as is' basis and use of this site is at your own risk. The Supplier and the Supplier related companies, affiliates, licensors or licensees, and their respective directors, officers, employees or agents make no representation or warranty as to the accuracy, completeness, currency or reliability of the information contained on this site (including in relation to any products or services). To the extent permitted by law, none of them will be liable or responsible in any way (including in negligence) for errors in, or omissions from, the information contained on this site. To the extent permitted by law, the Supplier expressly disclaims all warranties of any kind, whether express or implied, including (without limitation) implied warranties or conditions of merchantability or fitness for purpose.
15. IP Protocol Addresses and Web Logs
The Site's web servers will automatically collect the Internet Protocol (IP) addresses and log files of visitors. Your IP address is an identifying number that is automatically assigned to your computer by your Internet Service Provider (ISP). This number will be identified and logged automatically in our server log files whenever you visit the Site, along with the time(s) of your visit(s) and the page(s) that you visited. This information is collected in an aggregate form only and does not contain any Personal Information. We use IP address for purposes such as calculating the Site usage levels, helping diagnose problems with the Site's servers and administering the Site. Collecting IP addresses is standard practice on the Internet and is done automatically by many websites. In addition, we may also record your IP address for fraud prevention purposes.
16. No Assignment and Waiver
You may not transfer or assign in any way any of your rights or obligations under these T&C’s. Any such transfer or assignment shall be null and void.
The Supplier and/or the TCS Entities failure to insist upon or enforce strict compliance with any provision of these T&C’s shall not be construed as a waiver of any provision or right.
17. Applicable Law, Jurisdiction and Severability
Access to and use of the Site and these T&C’s are governed by the laws of Australia without giving effect to any conflicts of law or choice of laws principles. Any proceeding or legal action relating to your use, or access of the Site or compliance with these T&C’s shall be in the jurisdiction of the courts of Australia. You hereby waive any and all jurisdictional and venue defences that might otherwise be available to you.
If any provision of these T&C’s or the application of any such provision to any person or circumstance is held illegal, unenforceable, or invalid for any reason whatsoever, the remaining provisions of these T&C’s and the application of such provisions to other persons or circumstances shall not be affected.
To the fullest extent possible, the court finding such provision illegal, unenforceable, or invalid shall construe and modify the provision so as to render it enforceable and valid as against all persons or entities and to give the maximum possible protection to persons subject to indemnification within the bounds of legality, enforceability and validity.
You agree that the headings used in these T&C’s are for convenience of reference only. Such headings will be and shall be ignored in the interpretation or construction of any of these Terms and Conditions.
19. Complete Understanding
20. Contacting Us
For more information, or if you have any questions about these T & C's, please contact us at:
- By Post: The Cheesecake Shop Pty Ltd, 2 Lisbon Street,
Villawood NSW Australia 2163.
- By email: email@example.com