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Terms of Use

Shake Shack (Thailand) Company Limited, is an authorized licensee of operating the “Shake Shack” in Thailand. “We”, “us”, and “our” refer collectively to Shake Shack (Thailand) Company Limited, and their respective parents, subsidiaries, and affiliates.

Welcome to use www.shakeshack.co.th ("Website") of Shake Shack (Thailand) Company Limited. Please read the following Terms of Use of this Website ("Terms of Use") carefully. Your use and/or installation of this Website mean(s) that you have accepted these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not use this Website.

Any changes or modifications to the contents of this Website may occur from time to time. We will notify you of any material changes through our Website. You should regularly visit this Website to find out whether these Terms of Use that are binding on you have been revised, as your continued use of this Website indicates your acceptance of any change to these Terms of Use. "You", "your", and "users" refer to any person and/or entity that accesses this Website for any reason.

1. Description of services

This Website provides information about us, news, menu, store location, job opportunities and how to contact us.

2. Conditions of Use

All the information contained within this Website is for reference and interaction only. It is for individual use only and should not be used for commercial purposes. For this Website, you will not, nor allow third parties on your behalf to:

(i) make and distribute copies;

(ii) in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described;

(iii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate; or

(iv) create derivative works of any kind whatsoever.

You agree to indemnify us against any of your unauthorized use of any material from this Website, defend us and prevent us from any harm. You agree that your unauthorized use of the contents of this Website may result in irredeemable losses to us and in the event of your unauthorized use, we have the right to apply for a restraining order in addition to any other remedies under common law or equity.

3. Personal Information Collection Statement

When you access or utilize services on this Website, you may have to provide us your information (including but not limited to your name, gender, age range, contact details and email address) ("Data"). You agree to provide us such information voluntarily.

If the information you provided is incomplete or incorrect, we will be unable to register you or provide or continue to provide related services, or may not allow you to enter or may discontinue your use of this Website. You assure Shake Shack (Thailand) Limited that the Data you provide us is correct, truthful, valid and complete. Otherwise, we have the right, without notice, to cancel your registrations and qualifications and/or refuse to allow you to use this Website or its services at the present time or in the future. For details relating to the collection, retention, storage and disclosure of data, please refer to the applicable Shake Shack (Thailand) Company Limited Privacy Notice.

4. Promotional activities

Shake Shack (Thailand) Company Limited will periodically carry out promotional activities on this Website. If the promotional activity involves winning or accumulating points or other rewards, Shake Shack (Thailand) Company Limited will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.

5. Underage persons

If you are under 20 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility, and when using this Website gives rise to legal obligations or responsibilities, you should not provide any personal information described in these Terms of Use and will not be allowed to use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. We assume that all users of this Website are of legal age. We are not obliged to check your age but if it is found that any user is underage, we reserve the right to take action against such user or his/her parents/guardian including cancelling your membership registration or refusing your access to this Website.

6. Use of materials

The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trademark, software and other materials and all the materials of this Website (including the collection, arrangement and compilation of such materials) ("Materials") are protected by copyright law, trademark law and other applicable laws. All Materials are the exclusive property of Shake Shack (Thailand) Company Limited, our licensor, or website contents provider of Shake Shack (Thailand) Company Limited or its clients. Unauthorized use of any Materials is an infringing act under the copyright law, the trademark law or other applicable laws. Without any prior written permission from Shake Shack (Thailand) Company Limited, you shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

7. Legal use of Website

You can only use this Website for legal purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website, the Materials and/or products provided in this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above.

You shall not, in any way, change any Materials or product provided in this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website. You shall also not use this Website or other method to collect the details of other users. Without express permission from Shake Shack (Thailand) Company Limited, this Website or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.

8. Limitation of liability

There may be incorrect material or typesetting errors on this Website. We do not give any implied or non- expressed guarantee and do not guarantee the correctness, reliability, completeness or timeliness of any material of this Website. We do not accept any liability for the contents of other websites, or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be responsible for any consequences resulting from use of this Website or its links. These websites are likely to change at any time or change periodically, so please check related materials regularly.

We do not guarantee the following: this Website will be totally free of errors now and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website is timely, safe and will not be discontinued. If your use of these website material results in the need to repair or renew equipment or data, we accept no liability for any resulting expenses. For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of this Website or uploading or downloading of this Website’s data, text, images or other materials or data, and regardless of whether we have been notified of the likelihood of such damage, we and any third party mentioned on this Website shall not, within the legally allowed scope, bear any liability.

9. Compensation

In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user's infringement of these Terms of Use or illegal behaviour, the user agrees to compensate us and our affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.

10. Interpretation

Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Use. They are not intended to define or limit the scope or extent of any clause.

11. No waiver

Our failure or delay in exercising any right or power under these Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.

12. Assignment

We may assign our respective rights and obligations under these Terms of Use. You may not assign your rights and obligations under these Terms of Use.

13. Severability

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.

14. Applicable law

These Terms of Use shall be interpreted according to the laws of Thailand and be governed by Thai laws. You agree to submit to the jurisdiction of Thai courts for any disagreement, dispute or claim between us and you.

15. Contact

If you wish to contact us for matters regarding this website or these Terms of Use, please send your written request to the following address:

Email: teamthailand@shakeshack.co.th

Address: Shake Shack (Thailand) Company Limited

12th, 16th floors, Exchange Tower, 388 Sukhumvit Road, Klongtoey, Bangkok 10110 Thailand

©Shake Shack (Thailand) Company Limited, 2023