WEBSITE TERMS AND CONDITIONS

1. R & W Traders Pty Ltd (“R & W”) has taken every care in the preparation of The Cheesecake Shop (“TCS”) site, but R & W makes no representations or warranties of any kind, express or implied, as to the operation of the site or the accuracy or completeness of information, content, materials or products included in this site.

You acknowledge and accept that the information and material on this site is subject to change and may not be necessarily up-to-date or accurate at the time you view it.

You should enquire with us directly to ensure the accuracy and currency of the material you seek to rely upon.

2. R & W will not be liable for any damages of any kind to any person arising from the use of this site.

3. Certain hotlinks in this site may lead to websites which are not under the control of R & W. When you activate any of these, you will leave this site and R & W has no control over and will accept no liability for these sites and the material you find exhibited on these sites.

4. Copyright in all material presented on this site is vested in R & W or other publishers.

Duplication of any of the material contained on this site for any reason other than personal use, or in the case of a TCS franchisee, for use as a TCS franchisee, is expressly prohibited, unless prior written consent is obtained from R & W.

You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material to any third party without the express prior written consent of R & W.

With the exclusion of the above, R & W does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into this site or in the user interface of the site.

5. You must not attempt to change, add to, remove, deface, hack or otherwise interfere with this site or any material or content displayed on this site.

6. If you post any information on this site, you must not do any of the following:

(a) post or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, or indecent information or material of any kind which may be offensive to any person;

(b) post or transmit any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or relevant right holder;

(c) post or transmit any material of any kind which contains a virus or other harmful component;

(d) post, transmit or in any way exploit any material of any kind for commercial purposes, or which contains any promotional material or advertising; or

(e) delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.

7. R & W may from time to time monitor or review the contents of any information or material posted by you.

8. R & W reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of anyone posting any materials which violate any applicable or relevant law.

9. You indemnify R & W or its related bodies corporate if R & W or its related bodies corporate suffer any loss or damage or incur any costs in connection with any breach of these terms and conditions or any other legal obligation by you or your use of or conduct on this site.

10. These terms and conditions are governed by and construed in accordance with the laws of the State of New South Wales, Australia. In the event that a dispute arises from these terms and conditions, you agree to submit to the non-exclusive jurisdiction of the courts of that State.

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