TERMS OF USE

Terms Of Use

Terms of Use

Welcome to the SCHMATZ global website! We built our website and app to share information about our company, our restaurants, and our foods; to keep you up-to-date with our latest restaurant openings and menu developments; to provide updates related to our company; and to allow you to purchase our SCHMATZ merchandise.

The following terms govern your access to and use of any website or application owned or hosted by SCHMATZ and its subsidiaries (collectively, “SCHMATZ,” “we,” and “us”) that links to these terms, including any content and services offered through such a website or application (collectively, the “Sites”). By using our Sites, you agree to these terms and our privacy policy. If you do not agree to these terms, you may not use the Sites.

These terms constitute a binding agreement between you and SCHMATZ. We may revise and update these terms from time to time without notice. All changes are effective immediately when we post them. Your continued use of our Sites following the posting of revised terms means that you accept and agree to the changes.

Representations by You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; and (b) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material.

Trademarks

SCHMATZ™ and the SCHMATZ logo are registered trademarks of SCHMATZ. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these trademarks in anyway, including in advertising or publicity pertaining to distribution of materials on the Sites, without our prior written permission. All other names, logos, product and service names, designs and slogans that may appear on the Sites are the trademarks of their respective owners and may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified without express permission from the respective owner. The use of SCHMATZ trademarks on any other website is not allowed. We prohibit the use of any of our trademarks as a “hot” link on or to any other website unless establishment of such a link is approved in advance.

Other Intellectual Property Rights

The Sites and all content, features and functionality (including but not limited to all information, software, text, displays, images, graphics, photographs, illustrations, video and audio, and the design, selection and arrangement thereof) (“Content”) are owned by SCHMATZ, its licensors, agents, or Content providers. The Sites and all Content are protected by Singaporean and international copyright, trademark, trade dress, patent, trade secret and other intellectual property or proprietary rights laws.

The Sites may only be used for the intended purpose for which the Sites are made available. Except as may be otherwise indicated on the Sites, these terms permit you to use, view, play, print, and download documents, audio and video on the Sites for your personal, information, and non-commercial purposes only. You may not use, copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, post, download, upload, store or transmit any of the Content on the Sites, or any part of the Sites, or our trademarks in any way, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of our Sites for your own personal, information, non-commercial use and not for further reproduction, publication or distribution.

The Sites, all Content, and all related rights shall remain the exclusive property of SCHMATZ or its licensors unless otherwise expressly agreed. You may not remove any copyright, trademark, or other proprietary notices from material found on the Sites.

Permitted and Prohibited Uses

You may use our Sites only for lawful purposes and in accordance with these terms. You agree not to use our Sites in any way that may violate any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from Japan or other countries), that may give rise to civil liability, that violates the privacy or publicity rights of individuals or entities, or that could humiliate, threaten, or injure another person or their property rights, including but not limited to intellectual property rights. You are prohibited from sending any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane messages or materials through the Sites.

You also agree not to:

Use the Sites in any manner or take any action that could, in our sole discretion, disable, overburden, impose an unreasonable or disproportionately large load, damage, or impair the Sites or interfere with any other party’s use of the Sites.
Use any robot, spider, scraper or other automatic device, process or means to access the Sites for any purpose, including monitoring or copying any of the material on the Sites.
Use any device, software, routine, or take any other action that interferes or attempts to interfere with the proper working of the Sites or any activities conducted on or through the Sites.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Bypass, or attempt to bypass, any measures we may use to prevent or restrict access to the Sites or otherwise gain unauthorized access to, interfere with, damage or disrupt any parts of the Sites, the server on which the Sites are stored, or any server, computer or database connected to the Sites.
Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.

Unsolicited Submissions Policy

We are pleased to hear from our loyal customers and welcome your comments regarding SCHMATZ. Except where we specifically request comments or submissions, SCHMATZ does not accept or consider creative ideas, suggestions, or materials, including but not limited to recipes and menu items. This policy is designed to avoid misunderstandings if projects developed by SCHMATZ or its agents or contractors seem to others to be similar to their own creative work. You are not permitted to submit any creative ideas, suggestions, or materials except where specifically requested or solicited. If you do send us any unsolicited suggestions, you agree not to assert any ownership right of any kind in against SCHMATZ (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract), you hereby grant SCHMATZ a nonexclusive, perpetual, worldwide license to use the unsolicited submission in every media and for every purpose now known or hereinafter discovered and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. You release SCHMATZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your unsolicited submissions, including, without limitation, all claims for theft of ideas or copyright infringement.

Reliance on Information in the Sites

The information presented on the Sites is made available solely for general information purposes. Store location, hours, pricing information, and product details may change from time to time, and we do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Sites, or by anyone who may be informed of any of its contents. In the event that any product available through or listed on the Sites is mistakenly listed at an incorrect price or with other incorrect information, we reserve the right to either refuse or cancel the order or to charge you the correct price when you come to pick up your order.

Food Allergen and Preference Information

SCHMATZ may ask for your food allergen and preference information to assist you in selecting foods that do not include common allergens, and to assist our chefs as they prepare your food. We take the following precautions, but there is always a risk of contamination: We exercise care in identifying ingredients in our food that may cause allergic reactions for those with food allergies; we train our food production staff on commercially reasonable industry practices to minimize cross-contamination; and we label items with common allergen-containing ingredients.

Changes to the Sites

We may update the information on our Sites from time to time, but its content is not necessarily complete, accurate, or up to date. Any of the information or materials on our Sites may be out of date, inaccurate, or incomplete at any given time, and we are under no obligation to update such materials or information.

Linking to the Sites

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

Links from the Sites

Any links from the Sites to other websites and resources provided by third parties are provided for your convenience only. If you use these links, you will leave the Sites. Neither we nor any of our respective affiliates have control over the contents of those websites or resources, including any content, materials or other information located on or accessible from other websites or resources. We and our respective affiliates accept no responsibility for these websites or resources, make no endorsement, guarantee, or representation or warranty regarding any other website or resource, including any content, materials, or other information located on or accessible from the other websites or resources, or the results of your use these websites or resources, including any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Sites for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR SITES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES IS AT YOUR OWN RISK. OUR SITES, CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER SCHMATZ GROUP NOR ANY PERSON ASSOCIATED WITH SCHMATZ GROUP MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR SITES, NOR DOES SCHMATZ GROUP OR ANY PERSON ASSOCIATED WITH SCHMATZ GROUP MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS, PRODUCTS OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER SCHMATZ GROUP NOR ANYONE ASSOCIATED WITH SCHMATZ GROUP REPRESENTS OR WARRANTS THAT OUR SITES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SCHMATZ GROUP OR THROUGH THE SITES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, SECURITY, FREEDOM FROM COMPUTER VIRUS, FITNESS FOR PARTICULAR PURPOSE OR WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limitation on Liability

IN NO EVENT WILL SCHMATZ, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER BASED ON WARRANTY, TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE.THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Indemnification

By using our Site, you agree to indemnify and hold Shake Shack, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content.

Release

In the event that you have a dispute with another user or other party related to the Sites, you release SCHMATZ (and our officers, directors, agents, subsidiaries, joint ventures and employees) from all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Force Majeure

We do not guarantee continuous, uninterrupted or secure access to our Sites, and operation of the Sites may be interfered with by numerous factors outside of our control. SCHMATZ is not responsible for damages, delays, or failures in performance resulting from acts or occurrences beyond its reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

Governing Law and Jurisdiction

All matters relating to our Sites and these terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims) will be governed by and construed in accordance with the laws of Singapore, without giving effect to any choice or conflict of law provision. Any legal suit, action or proceeding arising out of, or related to, these terms or our Sites will be instituted exclusively in the federal and state courts located in Singapore. You waive any and all objections and irrevocably consent to such venue and to the exclusive of jurisdiction over you by such courts. Any and all disputes directly or indirectly arising out of or related to the terms or the Sites will be resolved individually, without resort to any form of class actions. Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, and in no event shall you be entitled to recovery of attorney’s fees. Under no circumstances will any claimant be permitted to obtain any award for, and you hereby waive all rights to claim punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Any cause of action or claim you may have directly or indirectly arising out of or related to the terms or the Sites must be commenced within one (1) year after the claim or cause of action arises. A printed version of these terms will be admissible in judicial and administrative proceedings based upon or relating to these terms to the same extent as other business documents originally generated and maintained in printed form. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Sites.

All rights not granted herein are expressly reserved to SCHMATZ.

Waiver and Severability

No waiver by SCHMATZ of any term or condition set forth in these terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of SCHMATZ to assert a right or provision under these terms will not constitute a waiver of such right or provision.

If any provision of these terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these terms will continue in full force and effect.

Entire Agreement

These terms and our privacy policy constitute the sole and entire agreement between you and SCHMATZ with respect to our Sites and the subject matter hereof and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Sites.

General

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. You agree that these terms and all incorporated agreements may be assigned by SCHMATZ in our sole discretion. Any provision that must survive in order to give proper effect to its intent (e.g., indemnity, any perpetual license, limitations on liability, disclaimers, representations and warranties, etc.) shall survive the expiration or termination of these terms.

Feedback

We welcome your comments and suggestions regarding our Sites and the information, products and services we make available here. Contact us at hello@schmatz.jp to provide feedback.

Thank you for visiting our Sites. We hope to see you in person at one of our locations soon.