Terms of Use (Website and Application)

Terms of Use (Website and Application)

Welcome to install, use and/or register as a member at www.genkisushi.com.hk ("this Website") and/or Application (“this Application”) of Genki Sushi Hong Kong Limited ("Genki Sushi"). Genki Sushi is a licensee of Genki Sushi Co., Ltd. and operates Genki Sushi and sen-ryo outlets in Hong Kong. Please read the following Terms of Use of this Website and/or this Application ("these Terms of Use") carefully. Your use and/or installation of this Website and/or this Application 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 and/or this Application.

When you use this Website and/or this Application to register as a member, after you have completed the form and press the button "submit", it indicates that you have read and understood Terms and Conditions of Genki Membership Program and agreed to be bound by them.

Genki Sushi reserves the right to change or modify the contents of this Website and/or this Application at any time and has the right to unilaterally change these Terms of Use without notification. You should regularly visit this Website and/or this Application to find out whether these Terms of Use that are binding on you have been revised, as your continued use of this Website and/or this Application 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 and/or this Application for any reason.

1. Description of services

1.1 Website
This Website provides information about us, news, member’s area, online takeaway ordering service, menu, store location, job opportunities and how to contact us.

1.1.1 System Requirements of online takeaway ordering service
In order to use this service, you are required to access the online ordering website through any internet connected devices including desktop computers, mobile phones or tablets. Genki Sushi recommends the following browsers for the best experience:
- Internet Explorer 11/ Chrome 31 / Firefox 27 / Safari 7 or above
- Recommended screen resolution: 1024x768
- Javascript and Cookies turned on

1.2 Application
This Application provides information about us, news, Genki Card, online takeaway ordering service, menu, online queuing, coupons, store location and how to contact us. This Application shall mean the software provided by Genki Sushi to offer services related to Genki Sushi to be used on Apple iOS and Android devices and any upgrades from time to time and any other software or documentation which enables the use of this Application. This Application allows you to access certain functionality available on www.genkisushi.com.hk. Such access will be governed by these Terms of Use.

1.2.1 Availability
This Application is available to handheld mobile devices running Apple iOS or Android Operating Systems. Genki Sushi will use reasonable efforts to make this Application available at all times. However you acknowledge that this Application is provided over the internet and mobile networks and so the quality and availability of this Application may be affected by factors outside Genki Sushi’s reasonable control. Genki Sushi, its group of companies and sub-contractors do not beyond any responsibility whatsoever for unavailability of this Application, or any difficulty or inability to download or access content or any other communication system failure which may result in this Application being unavailable.

1.2.2 System Requirements
In order to use this Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements are as follows: Only applicable to mobile devices using iOS 7.0 or above and designated mobile devices using Android 4.0 or above. The version of this Application software may be upgraded from time to time to add support for new functions and services.

2. Conditions of Use
All the information contained within this Website and/or this Application is for reference, interaction and purchase only. It is for individual use only and should not be used for commercial purposes. For this Website and/or this Application, 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 Genki Sushi against any of your unauthorised use of any material from this Website and/or this Application, defend Genki Sushi and prevent Genki Sushi from any harm. You agree that your unauthorized use of the contents of this Website and/or this Application may result in irredeemable losses to Genki Sushi and in the event of your unauthorised use, Genki Sushi has the right to apply for a restraining order in addition to any other remedies under common law or equity.

2.1 Genki Sushi reserves the right to amend or withdraw this Application, or charge for this Application or service provided to you in accordance with these Terms of Use, at any time and for any reason. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using this Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing this Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3. Personal Information Collection Statement
When you use and/or register as a member of this Website and/or this Application, you may have to provide to Genki Sushi your information (including but not limited to your name, gender, age range, contact details and email address) ("Data"). You agree to provide to Genki Sushi such information voluntarily.

You acknowledge and agree that for the purpose of providing you certain services (e.g. online queuing services, delivery of e-coupons), Genki Sushi may use or combine your personal information with other information including but not limited to the location data and the International Mobile Equipment Identity number accessed in your mobile device. You hereby give your consent to Genki Sushi to access such information in your mobile device.

If the information you provided is incomplete or incorrect, Genki Sushi 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 and/or this Application. You assure Genki Sushi that the information you provide Genki Sushi is correct, truthful, valid and complete. Otherwise, Genki Sushi has the right, without notice, to cancel your registrations and qualifications and/or refuse to allow you to use this Website and/ or this Application or its services at the present time or in the future. For details of Personal Information Collection Statement, please refer to Genki Sushi Privacy Policy Statement.

4. Membership management and responsibilities
When registering as a member, you may need to select the username and password. You must keep your username and password confidential and should use such username and password for any activity. Genki Sushi will not be responsible, whether or not you are aware of it, for any loss caused by activities carried out by stolen username and password and in this case you agree to remain responsible for any activity carried out by such username and password or any loss caused to Genki Sushi because of that.

If you breach any of these Terms of Use, or Genki Sushi suspects that you breach any of these Terms of Use, or Genki Sushi believes that your actions have violated applicable laws or damaged the interests of Genki Sushi, its affiliates or other users, Genki Sushi reserves the absolute right to without notice to you revoke your membership registration and qualifications, or terminate your access to this Website and/ or this Application or use its service, and take legal action against you.

5. Genki Card Member Area
The Genki Card Member Area and its services provided in this Website and/ or this Application are only for the use of the individual Genki Card member. Access rights may not be transferred. Members may be asked to provide personal identification for verification. Genki Sushi reserves the right to suspend this service or any parts of the service for repairs, maintenance, upgrades or any other work Genki Sushi deems appropriate without prior notice.

The telephone queuing notification service in this Application is activated by information you communicated to us. By pressing "Confirm" you agree and acknowledge that the phone number you provided is used solely for queuing notification only.

This Application allows you to collect and redeem Genki Points. Such use will be governed by the Terms and Conditions of Genki Membership Program which can be viewed at members.genkisushi.com.hk.

6. Online takeaway ordering service
The online takeaway ordering service is opened to Genki members and non-members in Hong Kong. Genki Card is not transferable or assignable and is for the member's personal use and benefit only. Verification of the member's identity may be required. As Genki member, you will need to use your Genki Card number or registered email address and your password to login and place order through the Online Ordering System. As Non Genki member, you can place order at Online Ordering System as Guest. Users are held fully responsible for all the actions taken while using this service.

This online takeaway ordering service allows you to collect and redeem Genki Points. Such use will be governed by the Online Ordering Terms and Conditions which can be viewed at order.genkisushi.com.hk.

7. Recruitment
Genki Sushi accepts online submission of resumes and employment related information. Please note data (including Personal Data) collected through online recruitment process will only be used to confirm and assess the possibility of employing you, and for any related use as stated on recruitment webpage.

Genki Sushi retains the personal data of unsuccessful applicants for future recruitment purposes for a period of 6 months. Where there are vacancies in Genki Sushi’s subsidiary or associate companies during that period, we may transfer your application to them for consideration of employment. Under the Personal Data (Privacy) Ordinance, you have a right to request access to, and to request correction of, your personal data in relation to your application.  If you wish to exercise these rights, please contact our Human Resources Department by email to recruit@genki.com.hk for further action.

8. Promotional activities
Genki Sushi will periodically carry out promotional activities on this Website and/or this Application. If the promotional activity involves winning or accumulating points or other rewards, Genki Sushi will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.

9. Underage persons
If you are under 18 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 and/or this Application give(s) 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 and/or this Application. If you want to enter and browse this Website and/or this Application, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. Genki Sushi assumes that all users of this Website and/or this Application are of legal age. Genki Sushi is not obliged to check your age but if it is found that any user is underage, Genki Sushi reserves 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 and/or this Application.

10. Use of materials
The contents of this Website and/or this Application, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website and/or this Application (including the collection, arrangement and compilation of such materials) ("Materials") are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of Genki Sushi or website contents provider of Genki Sushi or its clients. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. Without any prior written permission from Genki Sushi, 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.

11. Legal use of Website and Application
You can only use this Website and/or this Application for legal purposes and cannot use this Website and/or this Application 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 and/or this Application, the Materials and/or products provided in this Website and/or this Application. 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/or this Application and shall not interfere with the operation of this Website and/or this Application 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 and/or this Application. You shall also not use this Website and/or this Application or other method to collect the details of other users. Without express permission from Genki Sushi, this Website and/or this Application or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.

12. Limitation of liability
There may be incorrect material or typesetting errors in this Website and/or this Application. Genki Sushi does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of this Website and/or this Application. Genki Sushi does not accept any liability for the contents of other websites or anything uploaded on this Website and/or this Application or linked to this Website and/or this Application, 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 and/or this Application or its links. These websites are likely to change at any time or change periodically, so please check related materials regularly.

Genki Sushi does not guarantee the following: this Website and/or this Application will be totally free of errors now and in the future, this Website and/or this Application and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website and/or this Application 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, Genki Sushi accepts 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 and/or this Application or uploading or downloading of this Website and/or this Application’s data, text, images or other materials or data, and regardless of whether Genki Sushi's has been notified of the likelihood of such damage, Genki Sushi and any third party mentioned on this Website and/or this Application shall not, within the legally allowed scope, bear any liability.

13. 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 Genki Sushi and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.

14. Interpretation of Agreement
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.

15. No waiver
Genki Sushi’s failure or delay in exercising any right or power under this Agreement shall not in any circumstances impair any right or power nor operate as a waiver of it.

16. Assignment
Genki Sushi may assign its rights and obligations under this Agreement. You may not assign your rights and obligations under this Agreement.

17. 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.

18. Applicable law
These Terms of Use shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People's Republic of China ("Hong Kong") and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Genki Sushi and you.

19. Contact
If you wish to contact Genki Sushi for matters regarding this website or this Application or these Terms of Use, please send your written request to the following address:
Email:      member@genki.com.hk
Address: Genki Sushi Hong Kong Limited
                 18/F, Maxim’s Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong

©Genki Sushi Hong Kong Limited April 7, 2016

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