Last Updated on September 30th, 2025
These Terms of Service (the “Terms”) govern your use of any website, mobile or tablet application, digital in-restaurant kiosk, or other online service or platform of Shake Shack Canada Inc., that provides an authorized link to the Terms (collectively, the “Services”), regardless of who owns or operates the Services or the restaurant you ultimately visit, as well as our interactions with you on third party platforms.
1. Binding Agreement
Please carefully read the following terms and conditions of use (these “Terms” or this “Agreement”) before using the Shake Shack Canada’s website (the “Site”), the Shake Shack Canada mobile application (the “App”) or accessing or using any service where these Terms are posted (collectively, with the Site and the App, the “Services”, which, as used herein, may refer to any one or more of the Services depending on the context). This Agreement is a legal contract between you and Shake Shack Canada Inc. (“Shake Shack Canada”, “we” or “us”). By accessing or using the Services (including downloading, installing or using the App), you (i) acknowledge that you have read, understood and agree to be bound by this Agreement, and (ii) represent that you have authority to enter into this Agreement personally and, if applicable, on behalf of any entity on whose behalf you use the Services and to bind that entity to this Agreement. If at any time you do not agree to be bound by this Agreement, you may not access or use the Services or any of the Shake Shack Canada Content (as defined below).
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, THIS AGREEMENT CONTAINS, AMONG OTHER THINGS, DISCLAIMERS OF WARRANTIES, DISCLAIMERS AND LIMITATIONS OF LIABILITY AND AN EXCLUSIVE REMEDY, AND A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY.
The Services are directed to persons 18 years of age or older. The Services and Shake Shack Canada do not knowingly collect information from persons under age 18 or children under age 13. If you are between the ages of 13 and 18 years of age, you may visit, browse and use the information on the Services subject to the terms of this Agreement under the supervision of a parent or legal guardian who agrees to be bound by this Agreement, but you may not submit any content or personally identifiable information to the Services. If you are under age 13, you are not permitted to use the Services or to submit any content or personally identifiable information to the Services or to Shake Shack Canada.
Shake Shack Canada may from time to time modify or revise this Agreement, and may provide notices, disclosures and amendments in respect of this Agreement by electronic means, including by posting revisions or revised terms on any one or more of the Services (such as the App and/or the Site). Your use of the Services following any such change constitutes your agreement to follow and be bound by the then-current version of this Agreement. If any change is unacceptable to you, your only recourse is to discontinue your use of the Services.
1. Additional Definitions
“Shake Shack Canada Content” means any all designs, text, graphics, pictures, information, data, software, sound files, other files and all content, code, software and any other materials (including the Shake Shack Canada Marks) that are part of the Services (other than Your Content) and the selection and arrangement thereof.
“Shake Shack Canada Marks” means the Shake Shack Canada name, the Shake Shack Canada logo, the names and logos of Shake Shack Canada affiliates, the names and logos of Shake Shack Canada and its affiliate’s proprietary products and services, and other Shake Shack Canada proprietary materials, trademarks, service marks, trade dress, graphics and logos used in connection with the Services.
“Shake Shack Canada Parties” means Shake Shack Canada, its parents, subsidiaries (wholly and partially owned) and affiliates and their respective officers, directors, employees, franchisees, licensees, shareholders and agents.
“Products” means any and all products (including food, beverages and merchandise) and services made available or offered through any one or more of the Services.
“Your Content” means any of your content or materials uploaded, posted, transmitted, distributed, submitted or otherwise made available by you to or through the Services.
2. Privacy
By accessing or using the Services, including downloading, installing, accessing or using the App, or continuing to do any of the foregoing, you acknowledge that you have reviewed and understand our privacy policy available at https://shakeshack.ca/privacy-policy (the “Privacy Policy”), as may be amended from time to time, and you consent to the practices described in the Privacy Policy.
3. User Registration
User registration, use of the Services and conducts. Services and Content ownership. The Services and the Shake Shack Canada Content are the sole and exclusive property of Shake Shack Canada. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Services or the Shake Shack Canada Content other than as expressly authorized by Shake Shack Canada in writing. Use of the Services or the Shake Shack Canada Content in any way that is not expressly permitted by these Terms is prohibited and may be actionable under Canadian, U.S. or international law.b. Registration. When using the Services and/or registering an account for the Services (an “Account”), you agree to provide only true, accurate, current and complete information requested by the registration form (the “Registration Data”) and to promptly update the Registration Data thereafter as necessary to keep it current. You consent to Shake Shack Canada’s use of such Registration Data in accordance with the Privacy Policy.
You agree (i) to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password(s) with anyone, (ii) to notify Shake Shack Canada immediately of any unauthorized use of your password(s) or any other breach of the security of your Account and to exit from your Account at the end of each session, (iii) not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services, (iv) that you will not maintain more than one Account at any given time. Shake Shack Canada reserves the right to (i) ban you from using an Account and/or any one or more of the Services, and (ii) remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of Shake Shack Canada.
c. Your content. Subject to any applicable Account settings, you grant Shake Shack Canada and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and licence to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, market, sublicense and otherwise use and exploit (commercially or non-commercially), in any way and in any form or media (including forms and media now known or later developed), as determined by Shake Shack Canada, in its sole and absolute discretion, any of Your Content (in whole or in part) and any related copyrights or other intellectual property rights therein. You hereby waive any moral rights (or similar rights) you may have in Your Content in favour of Shake Shack Canada. You represent and warrant that Your Content is compliant with the terms of this Agreement and is not subject to any confidentiality obligations and that you own and control all of the rights to Your Content, have the lawful right to distribute and produce Your Content, and otherwise have the right to grant the rights to Shake Shack Canada and its affiliates that you grant herein. Shake Shack Canada has no obligation to treat Your Content as confidential or to compensate you in any manner for Your Content. You agree that you have no right or title in or to any display or appearance of Your Content on the Services. You acknowledge that other users of the Services may search for, see, use, modify and reproduce Your Content that you submit to any “public” area of the Services.
Shake Shack Canada shall have the right, in its sole and absolute discretion (and without notice), but has no obligation, to pre-screen, approve, monitor, edit or remove any of Your Content (or the content or materials of other users of the Services). The Shake Shack Canada Parties assume no responsibility for the timeliness, deletion, mis-delivery, loss or failure to store, and, without limitation, are not liable for preparing backup copies or replacing, any of Your Content, your communications or your Account settings.
Subject to applicable law, we also have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of a third party’s intellectual property rights, of a third party’s right to privacy, or of any other applicable local, provincial, state, national or international law.
d. Ownership of the Services and licence to use. Shake Shack Canada and its affiliates own all rights, title and interest in and to the Services. The Services are protected by intellectual property laws and other applicable laws as further described below in Section 4. Subject to this Agreement, Shake Shack Canada grants you a limited, personal, non-transferable, non-exclusive and revocable license to use the Services solely for your personal purposes and for the purpose of your purchase of Products. Shake Shack Canada and its affiliates reserve all rights not expressly granted in this Agreement.
e. Use of the Services. You are solely responsible for all access to and use of the Services and your Account, including Your Content and all obligations (including financial obligations) incurred through such access or use, by you or anyone using your Account, whether or not authorized by you.
f. Restrictions on use. You agree not to use the Services for any purpose prohibited by this Agreement or by applicable law. While using the Services, you shall not (and shall not permit any third party) to upload, post, transmit, distribute, submit or otherwise make available through the Services any content or materials (including Your Content), or to take any action, which may: (i) be unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive or profane; (ii) restrict or inhibit any other user from using or enjoying the Services; (iii) constitute or encourage conduct that would constitute a criminal offense or give rise to civil liability; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail or install a computer or mobile program on another user’s computer or mobile device; (v) involve commercial activities and/or sales without Shake Shack Canada’s prior written consent, including contests, sweepstakes, barter, advertising, or pyramid schemes; (vi) impersonate any person or entity, including any employee or representative of Shake Shack Canada; (vii) infringe any patent, trademark, trade secret, copyright, right of publicity or other right of any person or entity; or (viii) collect, transmit, store or otherwise make available private information or personal information of any third party.
You agree that you shall not: (i) license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Services or any portion of the Services; (ii) obtain or attempt to obtain unauthorized access to the computer systems, materials, information, data, files or passwords or any services related to the Services, including by hacking, password or data mining, or any other means available on or through the Services; (iii) frame or utilize framing techniques to enclose any of the Shake Shack Canada Marks or the Shake Shack Canada Content; (iv) use any metatags or other “hidden text” using Shake Shack Canada’s name or trademarks, including the Shake Shack Canada Marks; (v) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Services; (vi) use any manual or automated software, devices or other processes (including spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape”, harvest or download data from the Services; (vii) access the Services in order to build similar or competitive products or services; (viii) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of Services or the Shake Shack Canada Content; (ix) remove, modify or destroy any acknowledgments, credits, legal notices, copyright notices or other proprietary markings contained on or in Services or the Shake Shack Canada Content; (x) circumvent, remove, alter, deactivate, degrade, or thwart any of the protections of the Services; (xi) take any action that imposes or may impose (in our sole and absolute determination) an unreasonable or disproportionately large load on our technical infrastructure; and (xii) interfere with or attempt to interrupt the proper operation of the Services through any virus, device, information collection or transmission mechanisms, software or routine.
4. Copyright and Trademark Notices
Ownership of the Shake Shack Canada Content and Shake Shack Canada Marks. You acknowledge and agree that all right, title, and interest in and to the Services and the Shake Shack Canada Content, including any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by Shake Shack Canada or its third party licensors and are protected by intellectual property laws and other applicable laws. The Services, the Shake Shack Canada Content and other materials therein may not be used without permission of Shake Shack Canada, including in connection with any third-party products or services. You may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way use or exploit any part of the Shake Shack Canada Content. Subject to the terms of this Agreement and provided you are in compliance with this Agreement, you may print copies of the Shake Shack Canada Content without modification, solely for your non-commercial, informational and personal use. See Section 3(d) above which contains a limited license to use the Services.
The Shake Shack Canada Marks are trade names, trademarks or registered trademarks of Shake Shack Canada or its affiliates. The Shake Shack Canada Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Shake Shack Canada. The Services and the Shake Shack Canada Content are protected by copyright, trademark, patent, trade secret, provincial, state and federal laws, international treaties and/or other proprietary rights and also may have security components that protect digital information only as authorized by Shake Shack Canada or the owner of the applicable content. All rights not expressly granted are reserved. Unless explicitly stated otherwise herein, nothing in this Agreement shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or use-rights (exclusive or otherwise) to, any intellectual property or other right and any goodwill associated therewith, including in respect of the Shake Shack Canada Marks and the Shake Shack Canada Content.
b. Claimed infringement of your copyright. If you believe content posted on the Services infringes your copyright rights, please provide our Legal Department with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of the location on the Services of the material that you claim is infringing; (4) your address, telephone number and e-mail address; (5) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Correspondence to our team regarding notice of claims of copyright infringement should be addressed to: Shake Shack Canada, 2 St Clair Avenue East, M4T 1L7 Toronto, ON, Attn: Shake Shack Canada. or reach out to us at legal@shakeshack.ca
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs, fees and expenses of counsel, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
5. Third Party Content and Links
The Services may contain links to third party services (including websites, applications or advertisements), may incorporate functionality from third party services, software, technology, data, and/or other content, including delivery services offered in respect of purchases made through one or more of the Services (the “Delivery Services”) as provided by one or more third party service providers of Shake Shack Canada (each, a “Delivery Provider”), or may allow you to transmit content via third-party social networking services (each and all of the foregoing collectively, “Third Party Services”). When you click on such links or functionality, or so transmit content, Shake Shack Canada will not warn you that that you have left the Services and you may become subject to alternative terms and conditions of use, as may be specified by such Third Party Service, which will govern your use of such Third Party Service. Shake Shack Canada does not control and is not responsible for the Third Party Service. Shake Shack Canada provides these links, functionality and transmission capability only as a convenience, and your use of Third Party Services is at your own risk. Shake Shack Canada does not review, approve, monitor, endorse, warrant or make any representation with respect to Third Party Services (or any content, products or services accessible therein). There may be costs, fees and charges applicable to the use of Third Party Services. The Shake Shack Canada Parties disclaim all liability with regard to your access to, use of, reliance on or transactions with a Third Party Service or any content accessed through or provided to a Third Party Service.
We may incorporate Third Party Services, or any part thereof, either independently or in connection with various programs, features, or functions available through the Services. Your use of Third Party Services or any third party materials incorporated into the Services may be subject to terms of use other than this Agreement and as may be set forth by third party providers, as applicable. You agree that the Shake Shack Canada Parties assume no liability with respect to your use of such Third Party Services or third party materials incorporated into the Services, whether you are aware of their use or not and whether or not the use of such materials is recommended by Shake Shack Canada.
6. Your Comments and Transmissions
We appreciate your comments, remarks, feedback suggestions, ideas, inventions, artwork developments, concepts and other types of communications and submissions you disclose or transmit to us (collectively, ‘Submissions’). Excluding personally identifiable information, Shake Shack Canada is free to use, but is not obligated to use, the Submissions for any purpose whatsoever. By making a submission, you (i) grant Shake Shack Canada and its affiliates a perpetual, irrevocable, worldwide, royalty-free right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, market, sublicense and otherwise use and exploit (commercially or non-commercially, as determined by Shake Shack Canada) your Submissions and any related copyrights other intellectual property rights therein. You hereby waive any moral rights (or similar rights) you may have in any Submission in favour of Shake Shack Canada. Shake Shack Canada has no obligation to treat a Submission as confidential or to compensate you in any manner for the Submission.
By making a Submission, you represent and warrant that your Submission is true, is not defamatory, is your own original work, and does not infringe any third party’s rights. Furthermore, you represent and warrant that you and any other person mentioned or shown in your Submission, release any and all claims concerning Shake Shack Canada’s (or Shake Shack Canada’s affiliates’) use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
7. Location Based Services
If you enable location-based services on your device, including computer, in connection with your use of the Services, you expressly consent to Shake Shack Canada collecting the geolocation (which may include specific longitude and latitude) of such device. This information will be used as set forth in the Privacy Policy, including to identify your local Shake Shack Canada restaurant, to provide personalized messaging or content and/or for marketing purposes by email, push notifications, online or in-app advertising or otherwise. Please see the Privacy Policy for further information
8. Disclaimer of Warranties
THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF REPRESENTATIONS, WARRANTIES OR CONDITIONS, SO SOME OF THE BELOW EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE OPERATION OF THE SERVICES OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON THE SERVICES OR WITH RESPECT TO ANY WEBSITES OR SERVICES LINKED FROM THE SERVICES. THE SERVICES ARE PROVIDED “AS IS”, “WITH ALL FAULTS,” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE, QUIET ENJOYMENT, NO LIENS, AND NO ENCUMBRANCES; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (III) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE ON THE SERVICES OR OTHERWISE BY SHAKE SHACK CANADA INC. FURTHER, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON OR ENTITY OR THE NEEDS OR REQUIREMENTS SET FORTH IN ANY DOCUMENTATION. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES, INCLUDING, WITHOUT LIMITATION, THE CONTENT, FUNCTIONS, OR MATERIALS CONTAINED IN THE SERVICES, WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, OR UNINTERRUPTED. SHAKE SHACK CANADA INC. EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, AND LIABILITIES IN CONNECTION WITH ANY USER CONTENT OR SHAKE SHACK CANADA INC. CONTENT. NO INFORMATION MADE AVAILABLE BY OR ON BEHALF OF SHAKE SHACK CANADA INC. SHALL CREATE ANY WARRANTY OR CONDITION.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
9. Exclusive Remedy and Limitation of Liability
THAT THE LAWS OF SOME JURISDICTIONS, INCLUDING THE PROVINCE OF QUEBEC, MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LOSSES OR LIABILITY, SO SOME OF THE BELOW EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE GREATEST EXTENT CONSISTENT WITH APPLICABLE LAW.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL SHAKE SHACK CANADA INC., ITS AFFILIATES, OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR DAMAGES OR LOSSES INCLUDING WITHOUT LIMITATION DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OR LOST PROFITS ARISING OUT OF THE TERMS OR YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, INCLUDING WITHOUT LIMITATION ANY SHAKE SHACK CANADA INC. CONTENT OR USER CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SHAKE SHACK CANADA INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE OR SYSTEM FAILURE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SERVICES OR TO YOUR DOWNLOADING OF ANY CONTENT ON IT OR ON ANY WEBSITE LINKED TO IT.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SHAKE SHACK CANADA INC. LIABILITY IN SUCH JURISDICTIONS FOR SUCH DAMAGES SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
10. Indemnification
You agree to indemnify, hold harmless, and defend Shake Shack Canada Inc., its affiliates and licensors, any party involved in operating, creating, producing, or delivering the Services, and each of their respective officers, owners, directors, shareholders, contractors, agents, employees, general and limited partners, successors, and assigns from and against any and all demands, claims, damages, liabilities, judgments, fines, interest, penalties, losses, costs, expenses, and harms, including without limitation reasonable attorneys’ fees and fees of other professional advisers, arising out of or in connection with (i) your use of the Services, (ii) your online conduct in connection with the Services, (iii) your (or anyone acting under your password or username) violation or breach of these Terms, (iv) your failure to comply with any applicable laws or regulations in connection with the Services, (v) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person in connection with the Services, or (vi) any of your dealings or transactions with other persons, persons or third party platforms resulting from use of the Services. You shall not settle any such claim without the prior written consent of Shake Shack Canada Inc. These obligations will survive any termination of these Terms.
11. Modifications to the Services
Shake Shack Canada reserves the right, for any reason, at any time, to modify or discontinue, temporarily or permanently, the Services, or any portion thereof, including the Shake Shack Canada Content, features or hours of availability, with or without notice. Shake Shack Canada may impose limits on certain features of the Services or restrict your access to part or all of the Services without notice or penalty. You agree that the Shake Shack Canada Parties shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
12. Online Ordering & Payment
You may be permitted to participate in certain functionalities of the Services which allow you to use a device to either: i) order and pay for certain products at or prior to arrival at participating restaurant locations (“Mobile Ordering”), or ii) pay for certain items you order either in participating restaurant locations (“Mobile Payment”).
To place an order through the Online Services, you must provide valid payment card and billing information. By purchasing items through the Online Services, you represent and warrant to Shake Shack Canada Inc. that you are capable of entering into a contract under the applicable law. The Online Services use third party providers (each, a “Payment Processor”) to store your payment card information and to process your payments. You understand and agree that, when you register a payment card, we or our third party providers may verify that the payment card you registered is valid. If applicable, you may be provided a notice when entering your payment information directing you to such Payment Processor’s terms of use and privacy policy. All payments are governed by the Payment Processor’s terms of use and privacy policy.
You understand and agree that you are charged at the time you place your order. You further understand and agree that the transaction for the purchase of products or services is final and complete at the time you are charged. You agree to pay all charges incurred by you, on your behalf, or by your account through the Online Services. You represent and warrant that if you are making online payments that (i) any credit card, debit card and bank account information you supply is true, correct and complete; (ii) charges incurred by you will be honored by your credit/debit card company or bank; (iii) you will pay the charges incurred by you in the amounts posted, including any applicable taxes; and (iv) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.
Each restaurant location may independently determine its own prices and may independently apply any additional taxes and fees as required by law. Certain offers and pricing may not be available for all orders at all locations. Prices are subject to change without notice. You agree to pay all prices, fees and charges in connection with all orders made from your Account in accordance with the prices, fees, charges and billing terms in effect at the time the order is made, regardless of whether you actually receive the applicable Product. You also agree to pay all applicable taxes in connection with such orders. You acknowledge and agree that all prices, fees and charges in connection with any order made from your Account shall be in the currency ordinarily used by the applicable Shake Shack Canada location from which the order is made. You acknowledge and agree that you must provide valid payment information (such as a credit card, debit card and/or Shake Shack Canada Card (as defined below)) in order to make an order from an Account and such payment information may be saved or stored within the Services for future use. You acknowledge and agree that, without limitation, an App command, SMS command, web browser command or other similar command in respect of placing an order that originates from your Account constitutes an authorization for the Services to charge the applicable amounts and you assume all liability for and shall promptly pay any and all such amountsIn the event you discover an error in the price of a product charged to you, please contact legal@shakeshack.ca
Shake Shack Canada reserves the right to deny any order for any reason, including if: (i) we discover an error in pricing and/or other information about the Product ordered or receive insufficient or erroneous billing, payment, and/or delivery information, (ii) we suspect an order has been placed using stolen payment card information or otherwise appears to be connected to fraud, or (iii) the ordered Product is unavailable due to discontinuance or otherwise. We may also refuse any order that is connected with a previous payment dispute. If any Product is discontinued or otherwise becomes unavailable, Shake Shack Canada reserves the right to cancel your order and provide you a refund for the amount paid for the Product. Shake Shack Canada reserves the right to revoke any stated offer.
All products are subject to availability at the restaurant location where you collect your order. Some restaurant locations do not sell all products. Images of products and packaging on the Online Services are examples only and may not be identical to the product or packaging you receive from a restaurant location. Differences may be due your device’s display of colors or factors such as the ingredients used, the supplier, the region of the country, and the season of the year.
We reserve the right at any time to discontinue online ordering, or to change the location of restaurants or markets offering or participating in such offerings at any time.
13. Mobile Apps
In order to use the Online Services made available through the mobile application (the “Mobile App”), you must have a compatible mobile device; Shake Shack does not warrant that the Mobile App will be compatible with your mobile device.
If you access the Mobile App using an Apple iOS or Android powered device, Apple Inc. or Google, Inc., and each of their subsidiaries shall be a third-party beneficiary to this contract, and you agree that these third-party beneficiaries have the right to enforce these Terms and Conditions against you. However, these third-party beneficiaries are not a party to these Terms and Conditions and are not responsible for the provision or support of the Mobile App. You agree that your access to the Mobile App also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service.
The Mobile App may automatically download and install updates from time to time or require the downloading and installation of updates or new versions for continued use. You acknowledge that in some instances updates and/or new versions may reduce or remove features and functionality in prior versions of the Mobile App.
14. Communications
If you sign up for an Account, you may choose to opt in to receive promotional email communications from Shake Shack Canada, and you may also receive email communications relating to your Account and your transactions (collectively, “Email Communications”). You may, at any time, opt out of receiving promotional Email Communications from Shake Shack Canada by selecting the unsubscribe link contained within a promotional Email Communication (and completing any subsequent steps indicated within such link). If you opt out of receiving promotional Email Communications from us, we may still send you Email Communications regarding your Account and your transaction, including, but not limited to, emails about changes to your Account preferences or summaries of your purchases.
15. Governing Law, Arbitration, and Class Action Waiver
Except where prohibited by applicable law, which may include the Province of Quebec, the following terms apply to all legal disputes between you and Shake Shack Canada Inc. These Terms are governed by the laws of Canada and the Province of Ontario, without giving effect to their principles of conflicts of law. Except where prohibited by applicable law, which may include the Province of Quebec, by using the Services, you waive any claims that may arise under the laws of other states, provinces, countries, territories, or jurisdictions.
Except where prohibited by applicable law, which may include the Province of Quebec, with respect to any and all disputes arising out of or relating to the Services or these Terms (including without limitation the Privacy Policy), Shake Shack Canada Inc. and you agree to negotiate in good faith to achieve a mutually satisfactory resolution. If you and Shake Shack Canada Inc. do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Arbitration Act, 1991 and Commercial Arbitration Act 1985. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, WHICH MAY INCLUDE THE PROVINCE OF QUEBEC, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SHAKE SHACK CANADA INC. WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
Except where prohibited by applicable law, which may include the Province of Quebec, all disputes arising under these Terms that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Arbitration Act and Legislation enacted in Ontario. The arbitrator’s award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that Shake Shack Canada Inc. may seek any interim or preliminary relief from a court of competent jurisdiction in Ontario, necessary to protect its rights or property pending the completion of arbitration. In the event a dispute cannot, by applicable law, be subject to binding arbitration, the parties hereto irrevocably submit to the jurisdiction of the courts in the Province of Ontario, except where prohibited by applicable law, which may include the Province of Quebec.
To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide Shake Shack Canada Inc. with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence.
16. General Provisions
a. Entire agreement. The terms contained in this Agreement (which is supplemented by and incorporates other Shake Shack Canada terms and policies, including the Privacy Policy, the Rewards Program and the Shake Shack Canada Card Terms, posted on one or more of the applicable Services) constitute a binding agreement between you and Shake Shack Canada and supersedes all prior agreements between the you and Shake Shack Canada regarding the subject matter herein. In the event of a conflict or inconsistency between this Agreement and any other Shake Shack Canada terms and policies incorporated herein, this Agreement shall prevail except as otherwise stated herein or therein.
b. Severability and construction. If any provision of this Agreement shall be found by a court of competent jurisdiction to be unlawful, invalid, void, or for any reason unenforceable then that provision shall be deemed to be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and if no such construction is possible, shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions, and shall not affect the construction, validity and enforceability of such construed or severed provision in any other jurisdiction. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. All references to “include” or “including” in this Agreement shall be interpreted as “include, without limitation,” or “including, without limitation,”, as applicable. All of your obligations contained herein shall be without limitation to any of your other obligations herein. It is the express wish of the parties that this Agreement and all related documents be drawn up in English. C’est la volonté expresse des parties que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
c. Assignment and waiver. This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Shake Shack Canada’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of the same or any other provision on any other occasion.
d. Applicability and reservation of rights. Any future release, update or other addition to the Services shall be subject to this Agreement. Shake Shack Canada reserves all rights not granted in this Agreement. Any unauthorized use of Services terminates the licenses granted by Shake Shack Canada pursuant to this Agreement. Notwithstanding anything else contained herein, Shake Shack Canada reserves all rights or remedies that may be available to Shake Shack Canada under law, equity or otherwise. All references to rights or remedies of Shake Shack Canada contained herein shall be cumulative with and shall not limit any other rights or remedy available to Shake Shack Canada.
e. Termination and survival. Shake Shack Canada reserves the right, at its sole and absolute discretion, immediately and without notice, to restrict, suspend or terminate your access to the Services (or any one of them) and/or your Account, for any reason, including, without limitation, any breach by you of this Agreement or fraudulent conduct. You agree that the Shake Shack Canada Parties shall not be liable to you or any third party for any such restriction, suspension or termination.
This Agreement is effective until terminated by Shake Shack Canada, which Shake Shack Canada may do at any time, without notice, in its sole and absolute discretion. If you become dissatisfied with the Service, your only recourse is to immediately discontinue use of the Services. All provisions of this Agreement regarding representations, warranties, indemnification, disclaims, and limitations of liability, and any other terms which, to give proper effect, should reasonably survive termination, shall survive the termination of this Agreement.
f. Force Majeure. The Shake Shack Canada Parties shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
g. Notices and electronic communication. Where Shake Shack Canada requires that you provide an email address, you are responsible for providing Shake Shack Canada with your most current email address. In the event that the last email address you provided to Shake Shack Canada is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Shake Shack Canada’s dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to Shake Shack Canada at the following address: Shake Shack Canada, 1027 Yonge Street, 3rd Floor, Toronto, Ontario M4W 2K9, Attn: Legal. Such notice shall be deemed given when received by Shake Shack Canada by letter delivered by nationally (or internally, as applicable) recognized overnight delivery service or first class postage prepaid mail at the above address. Other communications between you and Shake Shack Canada use electronic means, whether you use the Services or send Shake Shack Canada emails, or whether Shake Shack Canada posts notices on the Services or communicates with you via email. For contractual purposes, you (1) consent to receive communications from Shake Shack Canada in an electronic form; and (2) agree that all terms and conditions, agreements, notices (including those referred to above), disclosures, and other communications related to this Agreement that Shake Shack Canada provides to you electronically satisfy any legal requirement that such communications would satisfy if they were made in writing in a physical document. The foregoing does not affect your statutory rights.
17. Registration and Security
You may register for certain activities provided through the Services. When you register or provide any other information in connection with the Services, you agree to provide accurate, current, and complete information and to promptly update this information to maintain its accuracy. You are responsible for maintaining the confidentiality of any password and username that you are given or select, and you are responsible for all activities that occur under your password or account. Shake Shack Canada Inc. has the right to suspend or terminate any account or other registration if it suspects that such information is inaccurate or incomplete. You agree to immediately notify Shake Shack Canada Inc. of any unauthorized use of your password or username or any other breach of security.
18. Prohibited Content and Activities
You may not use the Services to take any action that could harm us or anyone else, interfere with the Services, or use the Services in a manner that violates any law. For example, you may not:
19. Intellectual Property
All content, code, software, and any other materials that are part of the Services other than any content you may submit (collectively, the “Shake Shack Canada Inc. Content”) is the property of Shake Shack Canada Inc. You may use the Services and print copies of Shake Shack Canada Inc. content only for non-commercial, informational, personal use, without modification, and only so long as you comply with these Terms.
20. Links and Third-Party Content
The Services may contain links to other websites or online services that are not under the control of Shake Shack Canada Inc. Such links do not constitute an endorsement by Shake Shack Canada Inc. of those other websites or online services, the content they display, or people associated with them. The Terms do not apply to such other websites and online services, and such websites and online services are not part of the Services. We encourage you to review the privacy policies and terms of use of these other websites or services.
We may incorporate third party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than these Terms and as may be set forth by third party providers, as applicable. You agree that Shake Shack Canada Inc. assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended by Shake Shack Canada Inc.
You may link to our Services provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest or imply any form of association, approval, or endorsement on our part where none exists. We reserve the right to withdraw linking permission without notice.
21. Integration, Severability and Waiver
These Terms and all other legal notices, statements or terms and conditions posted or made available to you on the Services constitute the entire agreement between Shake Shack Canada Inc. and you. In the event any provision of these Terms is held unenforceable, it will not affect the enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provisions of the Terms or respond to a breach by you or other parties shall not in any way waive our right to enforce subsequently any terms or conditions of the Terms or to act with respect to similar breaches.
22. Contact Information
Please direct any questions, complaints, or comments related to the Services to legal@shakeshack.ca.