Burnt Studios App Terms of Service

BURNT STUDIOS APP – TERMS OF USE

PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE USING THE BURNT STUDIOS APP.

Introduction and Agreement

The Burnt Studios mobile application for iOS and Android (“the App”) is owned and operated by Burnt Studios PTY LTD (Registration number: 2018/469922/07), trading as Burnt Studios in the Republic of South Africa (“the Company” / “Burnt” / “us” / “we”).

These Terms of Use (“App Terms”) apply to your download, access and use of the App. They should be read together with:

  • our general Terms and Conditions, which govern all purchases, pricing, shipping, returns, exchanges, discount codes, giveaways, promotions and the Burnt Black Loyalty Program, whether you buy through the App, the website or in-store; and
  • our Privacy Policy, which explains how we collect, use and protect your personal information.

Together these form the agreement between you and the Company (“the Agreement”). Where these App Terms deal specifically with a feature of the App, these App Terms apply to that feature. In all other respects, and for every purchase, the general Terms and Conditions apply.

By downloading, installing or using the App, you:

  • represent and warrant that you have read and understood these App Terms, the general Terms and Conditions and the Privacy Policy; and
  • agree to be bound by the Agreement.

PLEASE DO NOT USE THE APP IF YOU DO NOT ACCEPT, AND AGREE TO BE BOUND BY, THIS AGREEMENT.

Nothing in these App Terms limits or excludes any rights you have under the Consumer Protection Act 68 of 2008 (“CPA”), the Electronic Communications and Transactions Act 25 of 2002 (“ECT Act”), the Protection of Personal Information Act 4 of 2013 (“POPIA”) or any other law that cannot lawfully be limited or excluded.

Eligibility

You may browse the App at any age. To create an account, place an order, join the Burnt Black Loyalty Program or take part in App games and leaderboards, you must be at least 18 years old, or have the consent and supervision of a parent or legal guardian who accepts this Agreement on your behalf. Participation in the Burnt Black Loyalty Program remains subject to its own eligibility requirements set out in the general Terms and Conditions.

Licence to use the App

Subject to your compliance with this Agreement, the Company grants you a personal, limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on a compatible mobile device that you own or control, solely for your own personal, non-commercial use.

You may not:

  • copy, modify, translate, adapt or create derivative works of the App;
  • decompile, reverse engineer, disassemble or attempt to extract the source code of the App, except to the extent that the law expressly permits this;
  • rent, lease, lend, sell, sublicense, distribute or otherwise make the App available to any third party;
  • remove, alter or obscure any proprietary notices, trademarks or labels in the App; or
  • use the App in any way that is unlawful or that breaches this Agreement.

Your account

You can browse products, add items to your cart and check out in the App without signing in. Features such as your order history, wishlist sync, Burnt Black membership, B-Bucks, rewards, notification preferences and game leaderboards require you to sign in with your Burnt customer account.

Sign-in is provided through Shopify’s secure customer account service, using the email address linked to your account and a one-time verification code. Your Burnt customer account is the same account you use on burnt.co.za.

You are responsible for keeping access to your email account and your mobile device secure, and for all activity that takes place under your account. Please contact us immediately at support@burnt.co.za if you believe your account has been accessed without your permission. The Company accepts no liability for any loss suffered as a result of the misuse of your account where that misuse is not caused by our own negligence.

You agree that all information you provide in the App is true, accurate and up to date. You can review and update your details, addresses and preferences under ‘Account’ in the App.

Shopping in the App

All Products shown in the App are subject to availability, and all purchases made through the App are governed by the general Terms and Conditions, including the sections on product pricing and availability, shipping, exchanges and returns, discount codes, cart and stock availability, payment, confirmation of orders and the agreement of sale.

In particular:

  • Adding a Product to your cart or wishlist in the App does not reserve that Product or guarantee its availability or price.
  • Checkout in the App is provided by Shopify’s secure checkout. Payment details are entered into and processed by Shopify and our payment providers. The App itself does not store your card details.
  • Prices are quoted in South African Rand (ZAR) and include VAT unless stated otherwise. The price you pay is the price shown at checkout when you pay.
  • Returns and exchanges for App orders follow the same process as online orders placed on burnt.co.za. The App may link you to our returns portal for this purpose.

Order and delivery statuses shown in the App are provided for your convenience and are based on information from our systems and our courier partners. These statuses may not always be up to date and the courier’s own tracking information will take precedence. The App does not change any delivery commitments or limitations set out in the general Terms and Conditions.

Burnt Black, B-Bucks and the Wallet Pass

The App lets Burnt Black members view their membership, B-Bucks balance, activity and rewards, redeem B-Bucks for rewards, share their referral link, and show a personal membership QR code to staff in-store so that B-Bucks can be earned on in-store purchases.

The Burnt Black Loyalty Program, including how B-Bucks are earned, redeemed, expire and are forfeited, is governed by the Burnt Black Loyalty Program terms in our general Terms and Conditions. The App is simply another way to access the Program.

  • Your membership QR code is personal to you. Do not share it or allow anyone else to use it. B-Bucks earned or redeemed using your code will be treated as your activity.
  • Balances and activity shown in the App may take time to update after a purchase, return or redemption. Our records are final in the event of any discrepancy.
  • Where you add the Burnt Black Wallet Pass to Apple Wallet or Google Wallet from the App, the Burnt Black Wallet Pass – Discount Terms & Conditions in our general Terms and Conditions apply.

Play While You Wait and other in-App games

From time to time the App may offer games, such as Play While You Wait (“Games”), which may include leaderboards, milestones and B-Bucks rewards. By playing a Game you agree that:

  1. 1.  Games are offered for entertainment only. Each Game is available only for the period we decide, and we may change, pause, reset or end any Game, its leaderboard, milestones or rewards at any time.

  2. 2.  To appear on a leaderboard or earn rewards you must be signed in and choose a nickname. Your nickname and scores will be visible to other users of the App. Nicknames must not be offensive, abusive, discriminatory, sexually explicit or misleading, must not impersonate any person or brand, and must not contain personal information such as phone numbers or email addresses.

  3. 3.  B-Bucks offered for reaching Game milestones are paid once per milestone per account, are credited to your Burnt Black account and are subject to the Burnt Black Loyalty Program terms.

  4. 4.  You must play fairly. Using cheats, bots, scripts, modified versions of the App, emulators or any other means of manipulating scores or rewards is prohibited.

  5. 5.  We may, at our reasonable discretion, change an offensive nickname, remove scores, withhold or reverse rewards, and suspend an account from Games where we believe these rules have been broken.

  6. 6.  Any prize or competition linked to a Game will be subject to its own specific terms, which will be published at the time. Where they conflict with this section, the specific terms apply.

Notifications

With your permission, the App may send you push notifications, including order updates, Burnt Black and reward updates, new arrivals, promotions and, where you have enabled location access, notifications when you are near a Burnt store. Notifications you receive are kept in the App’s notifications inbox.

You can manage notification preferences in the App under ‘Account’ and can switch off push notifications at any time in your device settings. Turning off notifications will not affect transactional emails relating to your orders. The Company is not responsible for notifications that are delayed or not delivered because of your device settings, connectivity or the services of Apple, Google or other third parties.

Location services

If you allow location access, the App uses your location to show the Burnt stores closest to you and their distance from you. If you also allow location access in the background (“Always”), the App can let you know when you are near a Burnt store. The App uses region monitoring around our stores for this and does not continuously track your movements.

Location access is optional. You can change or withdraw it at any time in your device settings, and the rest of the App will continue to work. Store information, including trading hours, is provided for convenience and may change without notice. Please confirm with the store directly if in doubt.

Camera and barcode scanning

If you allow camera access, you can scan the barcode on a Burnt product tag to find that product in the App. The camera is used only while the scanner is open, and no photos or video are recorded or stored. Camera access is optional and can be withdrawn at any time in your device settings.

Analytics, advertising and tracking

The App uses analytics services, including Google Analytics for Firebase, to understand how the App is used and to improve it, and Meta (Facebook) App Events to measure the performance of our advertising. On iOS, we ask for your permission through Apple’s App Tracking Transparency prompt before your activity is used for tracking across apps and websites owned by other companies, and we respect your choice. You can change it at any time in your device settings.

Full details of the information we collect, why we collect it, who we share it with and your rights are set out in our Privacy Policy.

Third-party services and links

The App relies on services provided by third parties, including Shopify (product catalogue, customer accounts and checkout), Apple and Google (app distribution, push notifications and wallet passes), Klaviyo (notifications and marketing communications), Google Firebase (analytics and notifications), Meta (advertising measurement) and OpenFreeMap / OpenStreetMap contributors (store maps). Your use of those services may also be subject to the terms and privacy policies of those third parties.

The App may contain links to our website and to third-party websites or content. Such links are provided for convenience only and do not constitute an endorsement by the Company of any third party. The Company is not responsible for the content, availability or practices of third-party websites or services, and your use of them is at your own risk.

Acceptable use

You agree not to use the App to:

  • send, post or display any material that is unlawful, harassing, defamatory, abusive, threatening, obscene, sexually orientated, racially offensive or profane, including in Game nicknames;
  • attempt to gain unauthorised access to the App, our systems, other users’ accounts or any data;
  • introduce any virus, malicious code or other harmful component, or interfere with the proper working of the App;
  • use any automated means (including bots, scrapers or scripts) to access the App, collect data from it or place orders;
  • abuse promotions, referral links, B-Bucks or Game rewards, or create multiple accounts to obtain benefits; or
  • use the App for any commercial purpose, including reselling Products purchased through it in breach of our general Terms and Conditions.

You indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer as a result of your breach of this section. Any person who attempts to deliver damaging code to the App or gain unauthorised access to it may be prosecuted.

Intellectual property and trademarks

The App and all of its content, including its design, software, text, photographs, images, videos, graphics, logos and the selection and arrangement of that content, are owned by the Company or used under licence, and are protected by South African and international intellectual property laws. The App is licensed to you, not sold.

“Burnt”, “Burnt Studios”, “Burnt Black”, “B-Bucks”, the Burnt Studios logo and all other marks, logos and trade names appearing in the App are trademarks of the Company, its holding company or affiliates, or of third parties who have authorised their use. Nothing in the App grants you any licence or right to use any of these trademarks without the Company’s express prior written consent.

App updates and availability

We may release updates to the App from time to time to add, change or remove features, fix issues or improve security. Some updates may be required for the App to keep working, and you may need to install the latest version of the App and a supported version of your device’s operating system to continue using it.

We do not guarantee that the App will always be available, uninterrupted or error-free, or that it will be compatible with every device. The Company may, in its sole discretion, suspend, withdraw or discontinue the App, or any feature of it, at any time without prior notice.

Deleting your account

You can delete your Burnt customer account at any time from the App by going to ‘Account’, tapping your name and selecting ‘Delete account’, or by emailing support@burnt.co.za from the email address linked to your account. If you have placed orders, deletion may take place after a short waiting period, during which you can cancel the request.

Deleting your account is permanent and cannot be undone. Your Burnt Black membership, unused B-Bucks and rewards, wishlist, Game nickname and scores will be lost. We will retain order and payment records for as long as the law requires, as described in our Privacy Policy. Uninstalling the App does not delete your account.

Disclaimers and exclusions of liability

To the extent permitted by law, the App and its contents are provided on an ‘as is’ and ‘as available’ basis. You use the App at your own risk. It is your responsibility to satisfy yourself that the App meets your requirements and is compatible with your device.

To the extent permitted by law, the Company makes no representations and gives no warranties of any kind, whether express or implied, with regard to the App, its contents, its accuracy or availability, or the effectiveness of any security measures, and the Company does not warrant that the App or the servers that make it available are free from viruses or other harmful components.

To the extent permitted by law, the Company, its directors, employees, agents, sub-contractors, affiliates and suppliers shall not be liable for any direct, indirect, incidental, special or consequential loss or damage of any kind (including loss of data, loss of B-Bucks through unauthorised access to your account, or damage to your device) arising from or in connection with your use of, or inability to use, the App, whether arising in contract, delict or otherwise.

Notwithstanding any other provision of this Agreement, the Company’s total liability arising from any purchase made through the App shall not exceed the value of the Product(s) in respect of which the claim arises, and the limitations of liability in the general Terms and Conditions apply to all such purchases.

Apple and Google

The App is distributed through the Apple App Store and the Google Play Store (each an “App Store”). You acknowledge that:

  • this Agreement is between you and the Company only, and not with Apple Inc. (“Apple”) or Google LLC (“Google”). The Company, not Apple or Google, is solely responsible for the App and its content;
  • your use of the App must also comply with the terms of service of the App Store from which you downloaded it, including Apple’s Licensed Application End User License Agreement where applicable;
  • Apple and Google have no obligation to provide any maintenance or support services for the App;
  • to the maximum extent permitted by law, Apple and Google have no warranty obligation with respect to the App. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App (if any) to you;
  • the Company, not Apple or Google, is responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including product liability claims, claims that the App fails to conform to any legal or regulatory requirement, and claims arising under consumer protection, privacy or similar legislation;
  • in the event of any third-party claim that the App or your possession and use of it infringes that third party’s intellectual property rights, the Company, not Apple or Google, will be solely responsible for the investigation, defence, settlement and discharge of that claim;
  • you represent and warrant that you are not located in a country that is subject to a U.S. Government embargo or designated as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; and
  • Apple and its subsidiaries are third-party beneficiaries of this Agreement and, once you accept it, Apple will have the right to enforce this Agreement against you as a third-party beneficiary.

Suspension and termination

The Company may suspend or terminate your access to the App, or to any feature of it, if you breach this Agreement, if we reasonably suspect fraud or misuse, or if required by law. You may stop using the App at any time by deleting it from your device. Sections of this Agreement which by their nature should survive termination, including those on intellectual property, disclaimers, limitation of liability, indemnities and governing law, will continue to apply.

Changes to these App Terms

We may update these App Terms from time to time. The updated App Terms will be published on this page with a new “Last updated” date and will take effect when published. Where a change materially affects your rights, we will take reasonable steps to let you know, for example through the App or by email. If you continue to use the App after the updated App Terms take effect, you will be deemed to have accepted them. If you do not agree to the changes, you must stop using the App.

General terms

If any provision of this Agreement is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining terms.

Any indulgence or extension of time granted by the Company to you shall not be construed as a waiver or variation of any of our rights or remedies.

You may not transfer your rights or obligations under this Agreement to anyone else. The Company may transfer its rights and obligations under this Agreement to another organisation, provided this does not adversely affect your rights.

The App is operated from the Republic of South Africa and this Agreement is governed by the laws of the Republic of South Africa. Subject to your rights under the CPA, any dispute arising from this Agreement may be dealt with in the manner set out in the general Terms and Conditions.

Electronic communication

When you use the App or send us electronic communications, you consent to receiving communications from the Company electronically, including through the App, by push notification and by email, and you agree that all notices, disclosures and other communications we send electronically satisfy any legal requirement that such communications be ‘in writing’. You may opt out of marketing communications at any time.

General Information and Contact

The Company’s: