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Terms of Use
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Last updated: 20 November 2018
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Please read the following terms of use of this website (???Terms of Use???) carefully. By accessing or using this website, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to be bound by all of these terms, please do not use this website.
These Terms of Use apply to your access to, and use of, all or any part of any website of Genki Sushi (Malaysia) Sdn. Bhd. (Company No.: 1262257-T)(“Genki Sushi Malaysia”), including the domain name??https://www.genkisushi.com.my, and any other websites where these Terms of Use are posted or incorporated by reference (collectively, the “Sites”).??These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Genki Sushi Malaysia or its affiliated companies for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Use on such entity’s behalf, and that such entity agrees to indemnify you and Genki Sushi Malaysia for violations of these Terms of Use.??The Terms of Use contain disclaimers and other provisions that limit our liability to you.
In the event there is any conflict or inconsistency between these Terms of Use and any other terms of use that appear on the Sites, these Terms of Use will govern. However, if you navigate away from the Sites to a third party website, you may be subject to alternative terms and conditions of use, as may be specified on such website. In such event, the terms and conditions of use applicable to that website will govern your use of that website.
While we make reasonable efforts to provide accurate and timely information about Genki Sushi Malaysia on the Sites, you should not assume that the information is always up to date or that the Sites contain all the relevant information available about Genki Sushi Malaysia.
Genki Sushi Malaysia reserves the right to change or modify these Terms of Use or any policy or guideline of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites will confirm your acceptance of such changes or modifications; therefore, you should frequently review these Terms of Use and applicable policies to understand the terms and conditions that apply to your use of our Sites. If you do not agree to the amended terms, you must stop using the Sites.
Eligibility
The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Genki Sushi Malaysia is not obliged to verify the age and/or your capability to use the Sites.
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Privacy
Please read the??Privacy Policy carefully to understand how Genki Sushi Malaysia collects, uses and discloses personally identifiable information from users of the Sites. The Privacy Policy also applies when you subscribe to our mailing list.
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Site Disclaimer
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The materials and information on the Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Sites are provided ???as is??? without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by applicable law, Genki Sushi Malaysia disclaims all warranties and conditions, express or implied, including, without limitation, implied warranties or conditions of merchantability, satisfactory quality, fitness for a particular purpose or need, accuracy, title and non-infringement as to the Sites and the information, content and materials contained therein, or that the use of the Sites is on an uninterrupted basis or is in compliance with laws applicable to users, or that information about users transmitted in connection with the Sites will be successfully, accurately or securely transmitted.
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Trademarks and Copyrights
The contents of the Sites, including any text, diagrams, images, videos, music, symbols, graphic buttons, links, HTML code, trade marks, software and other materials and all the materials of the Sites (including the collection, arrangement and compilation of such materials) (???Materials???) are protected by copyright laws, trade mark laws, intellectual property right laws and other applicable laws. All Materials are the exclusive property of Genki Sushi Malaysia, its affiliated company, or its respective licensor(s) (as the case may be). Unauthorized use of any Materials is an infringing act under the copyright laws, the trade mark laws, intellectual property right laws or other applicable laws. Without any prior written permission from Genki Sushi Malaysia, you shall not, 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.
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Legal Use of the Sites
You can only use the Sites for legal purposes and cannot use the Sites 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 the Sites, the Materials and/or products provided in the Sites. 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 the Sites and shall not interfere with the operation of the Sites 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 the Sites. You shall also not use the Sites or other method to collect the details of other users. Without express permission from Genki Sushi Malaysia, the Sites or any part thereof shall not be reproduced, copied, printed, sold or transferred. The Sites shall be used by the users for purposes as intended by Genki Sushi Malaysia.
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Third Party Content
Genki Sushi Malaysia may provide third party content on the Sites and links to web pages and content of third parties (collectively, ???Third Party Content???) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Genki Sushi Malaysia is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
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Advertisements and Promotions; Third-Party Products and Services
Genki Sushi Malaysia may advertise its products and/or promotions on the Sites. Such advertisements and promotional activities may be subject to additional terms and conditions to be determined by Genki Sushi Malaysia.
Genki Sushi Malaysia may also display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Genki Sushi Malaysia will not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Genki Sushi Malaysia advertisers or third party information on the Sites.
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Limitation on Liability
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To the maximum extent permitted by applicable law, Genki Sushi Malaysia and its affiliates and their??respective directors, officers, employees, shareholders and/or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Sites, the Materials, the content or the materials contained in or accessed through the Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Genki Sushi Malaysia and its affiliates and their designees, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Genki Sushi Malaysia’s records, programs or services. In no event (but subject to the maximum extent permitted by applicable law) shall the aggregate liability of Genki Sushi Malaysia and its affiliates and their directors, officers, employees, shareholders or agents, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Sites exceed any compensation you pay, if any, to Genki Sushi Malaysia for access to or use of the Sites during the six month period immediately prior to the event giving rise to such liability.
Indemnification
You agree to defend, indemnify and hold harmless Genki Sushi Malaysia and its affiliates and independent contractors, service providers and consultants, and their respective officers, directors, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys??? fees) arising out of or related to (a) your use of the Sites; (b) your violation of these Terms of Use; (c) your violation of any rights of another; and/or (d) your conduct in connection with the Sites.
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Modifications to the Sites
Genki Sushi Malaysia reserves the right to modify or discontinue, temporarily or permanently, the Sites or any features or portions thereof without prior notice. You agree that Genki Sushi Malaysia will not be liable for any modification, suspension or discontinuance of the Sites or any part thereof.
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Jurisdiction and Governing Law
Access to and use of the Sites and these Terms of Use are governed by the laws of Malaysia, without regard to conflict of law principles. Any legal action or proceeding relating to your access to, or use of, the Sites or these Terms of Use shall be instituted only in the courts of Malaysia. You and Genki Sushi Malaysia agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
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Termination
Notwithstanding any of these Terms of Use, Genki Sushi Malaysia reserves the right, without notice and in its sole discretion, to terminate your right to use the Sites and your subscription to the mailing list and/or to block or prevent your future access to, and use of, the Sites.
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Severability
If any provision of these Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
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Contact Us
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Sites.
You may contact us at:
Genki Sushi (Malaysia) Sdn. Bhd.Lot LG1.109 Lower Level One
Sunway Pyramid Shopping Mall
No.3 Jalan PJS 11/15 Bandar Sunway
47500 Petaling Jaya, Selangor
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Telephone: +6 03 7498 0138
Email: enquiry@genkisushi.com.my
?? Genki Sushi (Malaysia) Sdn. Bhd. 2018
