Shake Out Website and App - Terms & Conditions of Use
This page was last updated on 2nd of October 2023
These Terms and Conditions of Use 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”) and the Shake Out mobile application (the “App”). Use of this Website or the App means you agree to be bound by these Terms and Conditions of Use. Please read them carefully and if you do not agree with them, in whole or in part, you should not use this Website or the App.
By using this Website or the App, you agree that the exclusions and limitations of liability set out these Terms and Conditions of Use are reasonable. If you do not think they are reasonable, you must not use this Website or the App.
Use of the Website and the App 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 and the App from the date of the publication of the revised Terms and Conditions on this Website and the App. It is your responsibility to check this page regularly to ensure you are familiar with the current version.
License to use Website and the App
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 and the App. No material from this Website and the App may be reproduced or republished, in any way, without the prior written permission of Shake Out.
Acceptable use
You must not use this Website or the App in any way that causes, or may cause, damage to the Website or the App 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 or the App 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 or the App without Shake Out’s express written consent.
You must not use this Website or the App 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 and the App 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 or App, 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 and App 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 App, or stored on Shake Out’s servers, or hosted or published upon this Website or App.
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 or App.
No warranties
While Shake Out endeavours to supply accurate information on this Website and App, 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 or the App.
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 the App or its use by any person on your behalf.
Nothing in these Terms and Conditions of Use 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 of Use, or arising out of any claim that you have breached any provision of these Terms and Conditions of Use.
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 these Terms and Conditions of Use.
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 and App, prohibiting you from accessing the Website and App, blocking computers using your IP address from accessing the Website and App, contacting your internet service provider to request that they block your access to the Website and App 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 and the App 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
Shake Out Online Ordering - Terms & Conditions of Use
Privacy
The Shake Out Privacy Policy forms part of the Terms and Conditions of Use.
By placing an order with any of the stores or providing us with your personal information, you agree to your personal information being collected, held, used and disclosed as set out in our Privacy Policy. We encourage you to review our Privacy Policy before you provide any of your personal information.
Online Ordering
In these Terms and Conditions of Use, “Shake Out” and, “we” or “us” shall mean Burger Fuel Group Limited and its subsidiaries and associated companies, successors, transferees and assignees.
These Terms and Conditions of Use apply to your use of the Shake Out online ordering system only. We have no responsibility and we will have no liability for any terms and conditions imposed by our third party delivery and/or ordering providers. Shake Out encourages you to review the terms and conditions of any third party delivery and/or ordering providers.
If the Shake Out online ordering system is used, you are responsible for maintaining the confidentiality of your personal details, SMS or email verification code to sign into your account and payment details. You agree to accept full responsibility for all your activities on our website, App or online ordering. If you order online, we will send you a verification code via SMS to sign into your account (or email as an alternative) and an email confirming the details of your order. Shake Out reserves the right to refuse service, terminate your access to the Website, App or online ordering system, remove or edit any content or cancel your order/s at its sole discretion and without prior notice to you.
We will utilise electronic communication methods such as email, text messages (SMS), in-App messages, or push notifications to keep you informed about your App and Website usage, including order confirmations for online purchases. By using the App and Website, you consent to receiving communications from us through these channels.
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, App 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, from our website or App, follow the below procedure:
Go to https://eat.shakeout.co/order and click “Sign Up” in the top right corner of the website, or
Download and sign up via Shake Out NZ App (the “App”) using your moile phone.
By signing up on the App or website you will need to agree to our Terms and Conditions and Privacy Policy in order to proceed with online ordering and placing an order
At anytime before checkout, use your nominated phone number to sign up/sign in for online ordering and verify your account with a 4 digit verification code that will be sent via SMS to your nominated phone number.(or email as an alternative).
Once signed in;
Choose a participating store.
Choose a collection method, 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.
Click on “Pay” to go through to the Order Confirmation page to confirm your order.
Price and payment
Price and availability information is subject to change without notice. All charges are in New Zealand Dollars (NZD).
User Account
We limit the usage to one Account per person. We can only accept registrations of an Account from people with a New Zealand mobile phone number and are under no obligation to accept the registration of an Account from any particular person.
When signing up for an Account, you must provide precise and up-to-date information. In the event of any changes to your contact details, kindly update them promptly. Please be aware that we cannot be held accountable for any losses or damages, including issues like misdirected emails, resulting from your failure to provide accurate and complete registration details or to keep your information current. We will handle all Personal Information in accordance with our Privacy Policy.
You must be aged 16 or over to create an User Account and to use the App and Website. If you are under the age of 16, you must use the App and Website under the supervision of a responsible adult.
You may request to update your phone number, birthday or to delete your User Account at any time by notifying us at perks@shakeout.co.
Vouchers
Vouchers may be redeemed in accordance with the terms of the relevant voucher.
Collection
Orders must be collected from the store you ordered from, unless store has a delivery option, and that option has been selected. 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 fulfil 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 fulfil 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.
Ability to accept Terms and Conditions of Use
By ordering on the Shake Out ordering online system, you are agreeing to these Terms and Conditions of Use 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, if we decide you are in breach of any of these Terms and Conditions.
Shake Out Perks Loyalty programme
Shake Out Perks is a loyalty programme.
Existing Shake Out Online Ordering account holders can activate Shake Out Perks by enabling the option in the "My account" section of online ordering, navigating to "Notifications" and toggling on "Opt -in to loyalty programme". By doing so you agree to these Terms and Conditions and Shake Out’s Privacy Policy. New customers can activate Shake Out Perks when creating an online ordering account and opting in to Shake Out Perks.
The Shake Out Perks programme utilises an electronic communications database which you may join by opting-in. During the sign up process to order online via the Shake Out online ordering system (on our Website or App), you will be asked if you would like to become a Shake Out Perks Member. To become a Shake Out Perks member you need to tick the box electing to become a Shake Out Perks Member and in doing so you will agree to these Terms and Conditions and Shake Out’s Privacy Policy.
By joining Shake Out Perks, members will receive marketing communication such as promotions, targeted offers (including third party suppliers/partners), survey information, user feedback, value offers, news and competitions by email, SMS, in-app messages, and push notification in addition to service messages related to your participation in Shake Out Perks.
Members may opt-out of Shake Out Perks at any time by disabling the option in the "My account" section of online ordering, navigating to "Notifications” and toggling off "Opt-in to the loyalty programme" for Shake Out Perks or email us to request to opt-out at perks@shakeout.co.
Earning Shake Out Perks
You can earn 100 points for every dollar spent on purchases at participating Shake Out stores, (in-store & online) except for limited time promotions when Shake Out may limit points.
Points expire 6 months from accrual and are GST inclusive
Points can be redeemed towards items in the Perks shop for food and beverage products purchased from Shake Out. Points will automatically be added to your account when you successfully place an online order via our Website or App.
You can find your points summary on the Home page or “My account” page within the Shake Out NZ app.
Points cannot be purchased and can only be earned through accrual.
Points cannot be earned for orders placed via any of our third-party delivery partners.
Points cannot be earned on products ordered or redeemed with a perk or voucher.
To qualify as an "Eligible Purchase" for earning Perks points, you must meet the following criteria at a participating restaurant:
Ordering via the App: Log in to the Shake Out NZ app to order and select the order button to view the menu and place your order. Eligible points will be added to your account when your purchase is complete.
In-store purchase: Login on the Kiosk via your phone number or open the app and use your Perks ID, scanning the QR code at the Kiosk. Make sure you have the app installed and are signed up to Shake Out Perks. A pop up screen view will be prompted with your available perks and points balance. You may choose your perk and add to cart at this stage. Eligible points will be added to your account when your purchase is complete.
Online Ordering via eat.shakeout.co: Eligible points will be automatically added to your account when you are logged in and successfully place an online order via our Website or App.
My Perks
You will be eligible for perks while signed up to the Shake Out Perks programme and these include product vouchers, bonus points, prizes and exclusive offers.
Perks product vouchers can be found in the ‘My Perks’ dashboard.
Perks product vouchers are subject to terms, conditions and expiry.
Once you have accumulated at least 3000 points, you will be able to select a perk product voucher from the Perks shop to add to your wallet ‘My Perks’. Each perk product has a different points value starting from 3000 points. All product vouchers are valid for 14 days once acquired from the Perk shop.
A Perks birthday voucher will be automatically added to your account and valid from the start of business to close of business (same day) on the day of your birthday (if date of birth was entered in ‘birthday’ field on signing up to Shake Out Perks). Store staff reserve the right to ask for identification to check date of birth is correct. You cannot receive the birthday burger perk if you are an inactive member or signed up less than 24 hours before your birthday, sorry!
Redeeming Perks and Point shop items
At 3000 points earned, you will be eligible to receive product vouchers which you can select and add to your ‘My Perks’ wallet. Once added to your My Perks wallet dashboard, the perk will be valid for 14 days.
Perks and points must be taken in full. No cash back or points back.
Perks cannot be used with any other available perks, product vouchers or general vouchers.
Perk (product vouchers) can be redeemed in accordance with terms stated on digital voucher in the Shake Out app and cannot be used with any other Perks, product vouchers or general vouchers.
Perks and points cannot be redeemed on orders placed via any of our third-party delivery partners.
To qualify as an "Eligible Purchase" for redeeming your Perks or Points, you must meet the following criteria at a participating restaurant:
Ordering via the App: Sign in to Shake Out NZ App to order and select the order button to view the menu and order. You can add available perks or product vouchers when selecting the ‘USE MY PERKS’ button, which will display all available perks, and ‘APPLY TO CART’ to apply to order.
In-store purchase: Sign in on the Kiosk via your phone number or open the App and use your Perks ID to scan the QR code. The Perks pop up will show your dashboard with available perks. Choose your perk and add to cart to redeem with purchase.
Online Ordering via eat.shakeout.co: You can add available perks (product voucher) when selecting the ‘USE MY PERK’ button, which will display all available perks, and ‘APPLY TO CART’ to apply to order.
Promotions and Discounts
Points can be earned on purchases made with promotions, discounts, or other offers, including when redeeming points. Shake Out reserves the right, at its discretion, to limit the earning of points in combination with a limited-time promotion, discount or other offers. Additionally, Shake Out reserves the right to update the value of points or products at any give time.
Upon signing up their information, new User Accounts may become eligible for a sign-up offer via the App or website. Please note that the value of this sign-up offer and the timeframe to claim it are subject to change at Shake Out’s discretion.
Occasionally, we may have a 'refer a friend' promotion (Referral Promotion) where you and a Referred Customer may receive bonus points or perks under the following conditions:
(a) You must have an Account.
(b) You refer a friend (Referred Customer) who registers a User Account using your shared ‘refer a friend’ link and makes a purchase from Shake Out online or in-store (must be signed in on the kiosk).
Please note that the Referral Promotion applies only once per Referred Customer, and we retain the right to withhold bonus points or Perks if any fraudulent activity is suspected. Additionally, we reserve the right to discontinue the Referral Promotion without prior notice.
Bite Club: All Bite Clubbers (currently employed at Shake Out and BurgerFuel), who are signed up to Shake Out Perks loyalty programme, are entitled to 25% off their entire order in one transaction at Shake Out, and can be redeemed up to two times per day. Available to current employees of Shake Out & BurgerFuel only. Can not be used in conjunction with any other Shake Out Perks perk, promo or voucher. 25% off does not apply to catering menu. Monthly total transactions will be monitored to ensure staff are not exceeding a total transaction value.
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 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 by email on hello@shakeout.co.
Shake Out Limited
PO BOX 147 320
Ponsonby
Auckland 1144
New Zealand