TERMS AND CONDITIONS
The Cheesecake Shop website www.thecheesecakeshop.co.nz (Website) is owned and operated by The Cheesecake Shop Pty Ltd (NZ) Limited NZCN 1980607 (We, Us, Our, TCS).
For the purposes of these Terms and Conditions, references to The Cheesecake Shop or TCS include The Cheesecake Shop, its subsidiaries, related entities, franchisees, agents, suppliers and authorised representatives. These Terms and Conditions apply to all transactions and interactions conducted through Our website, including those involving TCS franchisees and their stores.
By viewing and using the Website you are considered to agree to these Terms and Conditions (Terms) without qualification. If you do not agree to be bound these Terms, you must stop accessing and using our Website. We reserve the right to change these Terms at any time by notifying users of the existence of the amended Terms through Our website. By continuing to access Our Website, you agree to be bound by the amended Terms.
Privacy Policy and Personal Information
Registration and use of the service on our website requires you to provide personal information. We maintain a Privacy Policy on our Website. You consent to the release of your personal information to Us and third parties in connection with the uses contemplated by the Privacy Policy. If you have any questions or comments about Our Privacy Policy, please contact Us at: privacy@thecheesecakeshop.co.nz.
Registration and User Accounts
By registering an account on Our Website (User Account), you consent to receiving marketing, promotional and other material by way of electronic messages from Us. You will ensure that all usernames and passwords required to access Our Website are kept secure and confidential and you will notify Us immediately of any unauthorised use of your password or any other breach of security. You must not transfer your User Account to another user or maintain more than one account with Us without Our consent. You can change your password at any time within the 'My Account' page.
We may, at our sole discretion, suspend or terminate your User Account and limit access to Our Website.
Users outside New Zealand
The information on Our Website may not be appropriate for use in other jurisdictions outside of New Zealand. If you choose to access Our Website from a jurisdiction other than New Zealand, you do so on your own initiative and you are responsible for compliance with any applicable laws of that jurisdiction.
Copyright and Trade Marks
We or our suppliers own copyright in the contents on Our Website. No part of Our Website may be distributed or copied for any commercial purpose, and you are not permitted to incorporate the material or any part of it in any work or publication.
You must not copy, reproduce, modify, decompile, reverse engineer, republish, frame, distribute, transmit, publish, upload to a third party, post, enter into a database, display, link, create derivative works from, or otherwise use any content from the website, in whole or in part. You may only view the website and its content through your web browser.
If you contribute any material to Our website, you warrant that your contribution:
is free from harmful or malicious code;
is not unlawful, indecent, obscene, threatening, discriminatory, harassing, defamatory, offensive, objectionable, or derogatory towards any individual;
does not infringe any third-party rights, including but not limited to privacy rights, intellectual property rights, or contractual rights; and d.is your original creation.
You may not frame any part of Our website material by including advertising or other revenue generating material. Further, you may not remove or alter any trade marks or logos that appear on any material on Our website.
We reserve the right to photograph custom cakes and use such images for promotional, marketing and advertising purposes, including but not limited to publication on Our website, social media platforms, and other media channels. By placing an order, you acknowledge and agree to this use unless expressly requested otherwise in writing. In addition, you warrant that any moral rights (as described in the Copyright Act 1994) pertaining to any copyrighted materials have been waived.
Advertising and Links to Third Party Websites
The contents of Our website may include links to third party materials. We will not be responsible for the content of any linked sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. The linked sites are provided to you only as a convenience, and the inclusion of any linked site does not imply any endorsement of it by use or any association with its operators. We reserve the right to prohibit links to Our website and you agree to remove or cease any link on our request.
Any dealings with any advertiser appearing on Our website are solely between you and the advertiser or other third party. We are not responsible or liable for any part of any dealings or promotions. You further agree that the personal data you choose to give to third parties is not covered by Our Privacy Policy and you are encouraged to review the privacy policy of any third party or website before submitting your personal information.
Some third parties may choose to share their personal data with and you acknowledge any such sharing is governed by that third party company's privacy policy.
Prohibited conduct
You must not use the website for any unlawful purpose or in a way that infringes Our rights or breaches these Terms. You agree not to upload or transmit any content or communications that violate any laws or infringe the rights of any party.
We reserve the right to suspend or terminate your User Account (if applicable) and restrict or revoke your access to Our website at any time, for any reason, without prior notice.
Online Payment Facilities
All online payment facilities and gateways through the website are subject to the relevant third party terms and conditions.
Product Availability and Variation
By purchasing products from Our website, you acknowledge that the products available for sale may vary between Our stores and those listed on Our website. We make every effort to accurately present the products on Our website, but availability, appearance and specifications may differ in-store.
Allergy Disclaimer
We are not responsible for any allergy-related issues arising from consumption of Our products. Unless otherwise specified in-store or in your order, all products may contain or come into contact with common allergens, including but not limited to dairy, wheat, nuts, soy and other potential allergens. It is your responsibility to inform Us of any potential risks. We recommend that individuals with severe allergies exercise caution before consuming Our products.
Orders and Acceptance
By placing an order through this website, you are making an offer to purchase a specific product or service at the price displayed on the website at the time of your order, including any applicable charges.
By submitting an order, you acknowledge and agree that you are committing to payment for the selected products or services.
We reserve the right to accept or reject any order for any reason, including but not limited to product unavailability, pricing or description errors, or inaccuracies in the details provided by you. We may request additional verification or information before accepting an order.
Orders are only accepted from customers within mainland New Zealand. Our Return and Refund Policy applies to all accepted orders and is available at: https://www.thecheesecakeshop.co.nz/cancellation-refund-policy
Order Cancellations
Orders placed via Our website cannot be cancelled through the website. If you wish to cancel an order, you must contact the participating TCS store from which you placed your order.
If your order is faulty, not as described, or does not meet acceptable quality as required under the Consumer Guarantees Act 1993, you may be entitled to a remedy under New Zealand law.
The decision to allow cancellation for change-of-mind purchases is at the sole discretion of the participating TCS store.
Pricing and Payment
All prices displayed on the website are in New Zealand dollars (NZD) and include Goods and Services Tax (GST), unless otherwise stated.
We reserve the right to change prices on Our website at any time without notice. Prices of products added to the shopping basket but not yet paid for are subject to change, and you agree to pay the price applicable at the time of payment.
While we make every effort to ensure the accuracy of pricing, images and product descriptions, we are not responsible for errors. If an error in pricing, product information or an order is identified, We reserve the right to cancel or reject the order.
Each TCS store is individually owned and operated by a franchisee. Prices may vary between stores, and the price you pay for an online order from a specific store may differ from the recommended retail price. The final total price, including any applicable charges, will be displayed at checkout before payment.
Where permitted by law, We reserve the right to limit sales, including the right to prohibit sales to resellers.
Collection of Orders
All orders must be collected from the participating TCS store selected at the time of purchase.
It is your responsibility to collect your order from the nominated TCS store within the collection timeframe specified at the time of purchase. Once an order has been placed and accepted, the nominated collection location cannot be changed.
Nothing in these Terms limits your rights under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986. If goods and services purchased from TCS fail to meet consumer guarantees, you may be entitled to a remedy under New Zealand law.
Third Party Delivery Services
We may offer delivery through third-party operators such as UberEats and other external delivery services (Third Party Delivery Services). By placing an order through a Third Party Delivery Service, you acknowledge and agree that:
These Third Party Delivery Services are independent operators and are not owned, controlled or operated by TCS. TCS is not responsible for the delivery service, timing, condition, or quality of the products once they leave the nominated TCS store.
TCS disclaims all liability for any loss, damage, delay or incorrect order fulfillment caused by a Third Party Delivery Service. Any disputes regarding delivery must be directed to the relevant Third Party Delivery Service in accordance with their terms and conditions.
TCS takes all reasonable steps to ensure product quality at the point of collection by the Third Party Delivery Service. However, TCS is not responsible for any alterations to the products caused by transit conditions, handling or storage after collection.
Prices, delivery fees and service charges on Third Party Delivery Services may differ from in-store or online ordering via Our website. TCS is not responsible for any additional costs incurred through Third Party Delivery Services.
Exclusion of Liability
To the fullest extent permitted by law, We exclude all liability for any loss or damage that results from your use of Our website and any services We provide, including from all express and implied warranties and representations. We will not be responsible for error or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including indirect, consequential or special loss or damage, or loss of profits, loss of data, loss of anticipated savings or loss of opportunity).
If you are a customer using Our website for non-business activities, then nothing in these Terms is intended to abrogate any rights you might have under the Consumer Guarantees Act 1993 (if any).
Indemnity
You agree to indemnify and will keep Us and Our directors, employees, franchisees, employees and agents against all costs, expenses and damages incurred in connection with any claim, demand, injury, damage, loss, expense, cost or liability (whether direct or indirect) brought by a third party against Us that arise from a breach by you of any of these Terms.
Information and Material
The content on this website is provided for general information only. You should obtain professional or specialist advice before taking or refraining from any action on the basis of information on this website. We strive to ensure the accuracy of the content on the website; however, we do not guarantee that it is complete, accurate, current or free from errors.
Entire Agreement
These Terms in conjunction with Our Privacy Policy form the entire agreement between Us and you relating to Our website and your use of the services.
General Provisions
If at any time We do not enforce any of these Terms, or grant you time or any other indulgence, We will not be construed as having waived that term or conditions or Our rights to later enforce that, or any other, term or condition.
Further, if any part or provision of these Terms is considered to be invalid, unenforceable or in conflict with the law, that part or provision is deemed to be modified by a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remaining Terms will continue to be binding on the parties.
These Terms are governed by and will be construed in accordance with the laws of New Zealand, and you submit to the non-exclusive jurisdiction of the courts of New Zealand.
Contacting Us
For more information, or if you have any questions about these Terms, please email us at contact@thecheesecakeshop.co.nz.
Terms and Conditions last updated 11 April 2025.