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
(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
(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.