Website terms and conditions

These Terms and Conditions set forth the legally binding terms for your use of and/or registration on this Website shakeout.co and any of its associated web pages (“Website”).  Use of this Website means you agree to be bound by these Terms and Conditions. Please read them carefully and if you do not agree with them, in whole or in part, you should not use this Website.

By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable. If you do not think they are reasonable, you must not use this Website.

Use of the Website is governed by our Privacy Policy.

Variations

Shake Out Limited (“Shake Out”) reserves the right to revise these Terms and Conditions from time-to-time.  Revised Terms and Conditions will apply to the use of this Website from the date of the publication of the revised Terms and Conditions on this Website.  It is your responsibility to check this page regularly to ensure you are familiar with the current version.

License to use Website

Unless otherwise stated, Shake Out is the proprietor or the authorised user of the copyright, trademarks and all other intellectual property rights in the software, text, graphics and other material (content) displayed or available through the Website. No material from this Website may be reproduced or republished, in any way, without the prior written permission of Shake Out.

Acceptable use

You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this Website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this Website without Shake Out’s express written consent.

You must not use this Website for any purposes related to marketing without Shake Out’s express written consent.

Shake Out reserves the right, in its sole discretion, to reject, restrict, suspend, or terminate your access to the Website at any time, for any reason, with or without prior notice to you, and without liability for its actions in respect of such.

User content

In these Terms and Conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this Website, for whatever purpose.

You grant to Shake Out a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Shake Out the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Shake Out or a third party (in each case under any applicable law).

You must not submit any user content to the Website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Shake Out reserves the right to edit or remove any material submitted to this Website, or stored on Shake Out’s servers, or hosted or published upon this Website.

Notwithstanding Shake Out’s rights under these Terms and Conditions in relation to user content, Shake Out does not undertake to monitor the submission of such content to, or the publication of such content on, this Website.

No warranties

While Shake Out endeavours to supply accurate information on this Website, errors and omissions may occur. Shake Out and its associated companies, successors, transferees and assignees do not accept any liability, direct or indirect, for any loss or damage which may directly or indirectly result from any advice, opinion, information, representation or omission whether negligent or otherwise, contained on this site.

You are solely responsible for the actions you take in reliance on the content on, or accessed, through this site.

The contents of this site do not constitute legal, financial, investment or real estate advice. Specialist advice should be sought in particular matters.

To the extent permitted by New Zealand law, Shake Out makes no warranties in relation to the merchantability, fitness for purpose, freedom from computer virus, accuracy or availability of this website.

Limitations of liability

To the maximum extent permitted by law you specifically agree to indemnify and hold Shake Out, its subsidiaries, affiliates their respective directors, officers, agents and employees harmless from any and all claims relating to your use of the Website or its use by any person on your behalf.

Nothing in this Website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this Website disclaimer will exclude or limit Shake Out’s liability in respect of any:

  • death or personal injury caused by Shake Out’s negligence;

  • fraud or fraudulent misrepresentation on the part of Shake Out; or

  • matter which it would be illegal or unlawful for Shake Out to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Indemnity

You hereby indemnify Shake Out and any of its associated entities and undertake to keep them indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Shake Out to a third party in settlement of a claim or dispute on the advice of Shake Out’s legal advisers) incurred or suffered by Shake Out arising out of any breach by you of any provision of these Terms and Conditions, or arising out of any claim that you have breached any provision of these Terms and Conditions.

Unenforceable provisions

If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.

Assignment

Shake Out may transfer, sub-contract or otherwise deal with Shake Out’s rights and/or obligations under these Terms and Conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms and Conditions.

Breaches of these Terms and Conditions

Without prejudice to Shake Out’s other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, Shake Out may take such action as Shake Out deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.

Severability

If a provision of these Terms and Conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Links

Please note that although this Website has some hyperlinks to other third party websites, these sites have not been prepared by Shake Out and are not under the control of Shake Out. The links are only provided as a convenience, and do not imply that Shake Out endorses, checks, or approves of the third party site.

Shake Out is not responsible for the privacy principles or content of these third party sites. Shake Out is not responsible for the availability of any of these links.

Shake Out requires that you request our permission to include a link from another site to this site. If you would like to request permission, please email us at: hello@shakeout.co

Law and jurisdiction

These Terms and Conditions will be governed by and construed in accordance with New Zealand Law and any disputes relating to these Terms and Conditions will be subject to the exclusive jurisdiction of the courts of New Zealand.

Shake Out Limited’s details

The full name of Shake Out is Shake Out Limited. You can contact Shake Out Limited by email on hello@shakeout.co


Online Ordering terms and conditions

If the Shake Out online ordering system is used, you are responsible for maintaining the confidentiality of your personal details, password and payment details. You agree to accept full responsibility for all your activities on our website and online ordering. If you order online we will send you an email confirming the details of your order. Shake Out reserves the right to refuse service, terminate your access to the website or online ordering, remove or edit any content or cancel your order/s at its sole discretion and without prior notice to you.

In making the Shake Out online ordering system available for use, Shake Out 

  • merely assists the stores from which the products or services will be provided (as selected by you). 

  • does not provide you with any goods or services or accept any liability for your order not being met (except where you order from a store owned by Shake Out rather than one of our Franchisees). 

  • does not guarantee that the website and online ordering system will be error-free or that any errors will be corrected and nor does it guarantee that the website or online ordering system will be free from viruses or other harmful components and 

  • reserves the right to alter the agreed price if an incorrect price was caused by a software fault, error or malicious attack. 

  • reserves the right to alter these terms and conditions without notifying you or other users of this online ordering system. 

In using the Shake Out online ordering system (save as provided for above) you 

  • acknowledge and agree that you contract with the store from which you order and not Shake Out, and that you waive and release Shake Out from any claim against Shake Out or any of its entities relating to orders placed via the Shake Out online ordering system and 

  • indemnify Shake Out from all claims relating to a failure of the Shake Out online ordering system. 

Placing an order

To place an order, follow the below procedure: 

  • Login with your nominated email address and password. 

  • Choose a participating store. 

  • Choose a collection day and time. 

  • Browse the menu to select the items you wish to add to your order. 

  • After you have finished your selection, proceed with payment and enter your credit card details. Our online payments are processed securely by Payment Express. 

  • Click on Checkout and you will go through to the Order Confirmation page to confirm your order.

Price and payment 

Price and availability information is subject to change without notice. 

Vouchers 


Voucher codes are redeemable in-store and via online ordering. To redeem, add all items to the cart and enter voucher code, on kiosk (in-store) or on the order confirmation page (online ordering). Voucher codes are unique and not available with any other offer. One voucher per person, per visit. 

Collection 


Orders must be collected from the store you ordered from as the online ordering system does not currently extend to delivery. You must collect your order from the store you ordered from as soon as possible after making the order. 
You may NOT change the store where you want to collect your order from once an order has been placed and accepted. If you make an error in ordering see below. 
Shake Out is not obliged to refund your order or fulfill your order at any store other than the store the online order was directed to. 
Should you place an order and for some reason the order is not received by the nominated store, you will need to show a copy of your order confirmation (either printed or on mobile phone) in order for the store to fulfill that order.  

Errors in ordering 


Once the order has been placed through the Shake Out online ordering system, changes cannot be made online. Once an order has been placed, it is your obligation to contact the store to determine whether or not the order can be changed. The decision whether or not the order can be changed is at the absolute discretion of the store. If changes to the order are allowed, any difference in payment will need to be made or refunded with the store you elected to order from. 
Should you place an order and select the incorrect store, the store you ordered from is not obliged to refund the order or fulfil the order at any other store.

Cancellations 


Order cancellations cannot be made on the Shake Out online ordering system. Once an order has been placed, it is your obligation to contact the store you ordered from to determine whether or not the order can be cancelled. The decision whether or not the order can be cancelled is at the absolute discretion of the store. Shake Out does not accept any liability if you decide to cancel your order.

Refunds 


The Shake Out online ordering system is not set up to provide customers with refunds. 
 
Should the store you ordered from decide that the order can be refunded, it may provide you with a refund onto the credit card that was used to place the order. Shake Out does not accept any liability to refund you.

 

Email sign-up/notifications 


Shake Out utilises an electronic communications database which you may join by opting-in. During your order via the Shake Out online ordering system, you will be asked if you would like to receive newsletters. To receive the newsletters you need to tick the box electing to receive the newsletter and agree to the Shake Out Terms and Conditions. 
The database is utilised to send emails containing information such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions to subscribers (members).

Ability to accept Terms and Conditions of Use 


You warrant that you agree to these Terms and Conditions of Use voluntarily and you have full capacity to agree to them. 

Termination 


Shake Out reserves the right to terminate your ability to order via the online ordering system, immediately and without notifying you in advance, should we decide you are in breach of any of these Terms and Conditions. 
 

General 


These Terms and Conditions of Use shall be governed by the laws of New Zealand. Any claim or dispute between you and Shake Out that arises in whole or in part from the Shake Out online ordering system shall be decided exclusively by a court of competent jurisdiction located in Auckland, New Zealand. These Terms and Conditions of Use, together with the Shake Out Online Ordering Privacy Policy and any other legal notices published by Shake Out on this website, shall constitute the entire agreement between you and Shake Out concerning the online ordering system. 
If any provisions of these Terms and Conditions of Use or Privacy Policy are deemed invalid by a court of competent jurisdiction, the invalidity of the provisions shall not affect the validity of the remaining provisions of these Terms and Conditions of Use and/or Privacy Policy as applicable, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions of Use shall be deemed a further or continuing waiver of such term or any other term, and the failure by Shake Out to assert any right or provision under these Terms and Conditions of Use shall not constitute a waiver of such right or provision.
 

Contact Us 


If you have any queries regarding this policy please contact us. 

The full name of Shake Out is Shake Out Limited. You can contact Shake Out Limited by email on hello@shakeout.co

Shake Out Limited 

PO BOX 147 320 
Ponsonby 
Auckland 1144 
New Zealand