Terms of Use

Terms and Conditions of Genki Membership Program

Last update on 30th September 2019

This Genki Membership Program is operated by Genki Sushi Singapore Pte Ltd (“Genki Sushi”). The Genki Membership Program is a cardless points -rewards program via the Genki Sushi mobile application (“Genki Sushi Mobile App” or “Mobile App”). An applicant, Pre-Member or a Genki Sushi Member (as defined below) who participates in the Genki Membership Program hereby confirms that he/she agrees to be bound by the terms and conditions set out herein below and as may be amended by Genki Sushi from time to time.

Please read the ©Genki Sushi Privacy Policy Statement (https://www.genkisushi.com.sg/privacy-policy-statement) carefully to understand how Genki Sushi collects, uses and discloses personal information in connection with the Genki Membership Program.

Genki Membership Application:

The applicant is required to download the Genki Sushi Mobile APP and register as a pre-member (“Pre-Member”) with a valid Singapore registered mobile number and valid email address at the “Sign Up” section. Each valid mobile number and email address can be registered once only. Genki Sushi Mobile APP and the Genki Member’s Account are only applicable to mobile devices using iOS 8.0 or above and Android 4.4 or above.

The applicant must be aged eighteen (18) years or older. Each person may apply for one Genki Membership Program account only (“Genki Member’s Account”). If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms and Conditions with your parent or guardian to make sure you and your parent or guardian understand and agree to these Terms and Conditions. Should the parent or guardian not agree to these Terms and Conditions, you shall not apply and/or register a Genki Member’s Account and/or participate in the Genki Membership Program.

In order to apply for a Genki Member’s Account, the applicant must complete all mandatory fields in the application form in full and provide true and accurate information. ©Genki Sushi will not process any incomplete or inaccurate application and reserves the right to decline any application for a Genki Member’s Account at its sole discretion and without giving any reason whatsoever.

To be eligible for Genki Club membership application, the Pre-Member is required to accumulate spending of S$120 on one (1) Genki Member’s Account within any 62-day time period commencing from the date the applicant is successfully registered as a Pre-Member.

The cumulative spending amount is calculated based on the nett spending (subtotal amount) while 10% service charge, prevailing goods and services tax (“GST”) and all other promotional offers and discounts are excluded from the calculation.

Only spending at Genki Sushi in Singapore will be counted towards the cumulative spending amount, spending via third party delivery (such as GrabFood) will not be counted.

The Genki Member ID (i.e. the barcode on the Mobile App) must be presented upon payment to record the transaction. The entire transaction will be recorded on one (1) Genki Member’s Account only. No transaction will be recorded in any Genki Member’s Account after payment under any circumstances.

Spending recorded in different Genki Member’s Accounts cannot be combined.

Record of cumulative spending in a Genki Member’s Account will be updated within the next business day after the transaction. The Pre-Member can check his/her transaction history via the Genki Sushi Mobile APP. Genki Sushi’s records is final and conclusive.

Any spending at Genki Sushi before the Pre-Member has become a Genki Member is not eligible for earning any Genki reward points.

After the Pre-Member has accumulated spending of S$120 in one (1) Genki Member’s Account within the 62-day period specified above, he/she will automatically be promoted to a Genki Club Member.

Genki Club and Genki Premium Members (“Members”):

 

The Genki Club membership and the Genki Premium membership are valid for one year only. Only virtual Genki Card in mobile device will be issued.

Members can login to the Genki Sushi Mobile APP to check the expiry date of the Genki points. In order to safeguard the rights and privileges of the Members, Genki Sushi will send the membership expiry date before expiration of membership.

Upon expiration of the membership, (i) if the Genki Club/ Genki Premium Member satisfies the relevant membership requirements, his/her membership will be automatically renewed; or (ii) if the Genki Club/ Genki Premium Member fails to maintain the relevant membership requirements, then (a) the Genki Premium Member may be placed as a Genki Club Member or Pre-Member (depending on his/her cumulative spending); and (b) the Genki Club Member will be placed as a Pre-Member.

The Member is solely responsible for the safe keeping of his/her Genki Member’s Account details and password and shall not disclose or divulge such information to any third party.

Genki Sushi is not liable for any loss or damages suffered by the Member arising from the loss, theft or use of his/her Genki Member’s ID or password.

If there is any suspicious or irregular activity or transaction relating to his/her Genki Member’s Account, please immediately contact Genki Sushi Customer Service at 6950 2178 (Monday to Friday: 10am – 6pm); alternatively please write in to [email protected]

The Genki Member’s Account is not transferable, assignable or combinable between accounts and is for that Member’s personal use and benefit only. Verification of Member’s mobile number may be required.

The Member’s privileges cannot be used in conjunction with other promotional offers, discounts and gift vouchers.

Except where otherwise provided, a Member is entitled to earn Genki reward points (“Points”) upon purchasing regular-priced items at Genki Sushi outlets in Singapore. Points are calculated based on the total net amount of the transaction. The amount of 10% service charge and prevailing GST will not be counted in calculating Points earned for any transaction. Points can be earned via dine-in and takeaway purchase, excluding any third-party purchases such as GrabFood delivery.

To enjoy the privileges, the Member must present the Genki Member ID via barcode on Mobile APP at the time of payment. If the Genki Member ID cannot be presented at the time of payment, in no event will/can Points be earned or used for that transaction.

Points earned will be credited to the respective Genki Member’s Account within the next business day after the transaction.

Points used will be deducted from the Genki Member’s Account instantly. The expiry date of all Points is the same as that of the individual’s Genki Club / Genki Premium membership. All unused points will be void upon expiration of his/her Genki membership.

Points cannot be transferred, assigned whatsoever to other individual(s) or Genki Member’s Account, and cannot be combined with other Genki Member’s Account.

Genki Sushi’s record (including but not limited to the record of points balance in each Genki Member’s account) is conclusive and final and binding on the Member.

The Member has no right to participate in the constitution, operation or management of the Genki Membership Program or have any right in or any claim to any assets of Genki Sushi.

Each Member is responsible for keeping Genki Sushi updated on their correct mobile phone number and email address. Genki Sushi is not responsible for any loss or damage as a result of the Member’s failure to notify Genki Sushi of any change of mobile phone number and email address.

The Member may terminate his/her membership by giving Genki Sushi seven (7) working days prior written notice. All unused points will then be void and his/her membership will be terminated.

In the event of any breach of the Terms and Conditions of the Genki Membership Program, or the use of the Genki Member’s Account is unauthorized or arises from any act of misconduct (unlawful, fraudulent or otherwise), Genki Sushi has the right to stop one’s participation in the Genki Membership Program and/or immediately terminate one’s Genki membership or his/her application (with or without notice). Genki Sushi will not be liable for any loss or damage resulting therefrom. Genki Sushi further reserves the right to take any action for recovery of any losses suffered by Genki Sushi as a result of the breach of the Terms and Conditions of Genki Membership Program and/or abuse of the Genki Member’s Account.

General:

Genki Sushi reserves the right to amend the Terms and Conditions of Genki Membership Program or substitute or revoke any rights and/ or privilege without prior notice. All changes or amendments are effective once announced on the Genki Sushi website or Genki Sushi Mobile APP. All applicants, Pre-Members and Members shall regularly check whether the Terms and Conditions of Genki Membership Program has been modified or any rights and/or privilege has been substituted or revoked. An applicant’s, Pre-Member’s or Member’s continued use of Genki Sushi Mobile APP and/or participation in the Genki Membership Program indicates his/her acceptance of any change to the Terms and Conditions of Genki Membership Program and/or substitution and/or revocation of rights and/or privilege. In case of any dispute, the decision of Genki Sushi shall be final.

Genki Sushi reserves the right to terminate the Genki Membership Program and/or its operation at its sole discretion at any time with reasonable notice. All rights and/or privileges of an applicant, Pre-Member or Member shall cease upon termination and Genki Sushi will not be liable for any loss or damages resulting therefrom and/or in connection therewith.

Not every applicant, Pre-Member and/or Member will be eligible to participate in all promotions and Genki Sushi may from time to time impose other limitations on his/her participation in any promotion. The applicant, Pre-Member and/or Member taking part in any promotion shall be deemed to have agreed to be bound by the applicable terms and conditions which may be imposed by Genki Sushi in relation to such promotion.

All personal information collected under the Genki Membership Program shall be managed in accordance with the Privacy Policy Statement of Genki Sushi. Any request to amend an applicant’s, Pre-Member’s or Member’s personal information can be made in writing to Genki Sushi at [email protected]

In the event of any dispute arising from Genki Points, the Genki Member’s Account and/or the Genki Membership Program, Genki Sushi shall be the sole and final arbiter of such dispute and its decision shall be final and binding on the applicant, Pre-Member and/or Member.

An applicant’s, Pre-Member’s or Member’s use of his/her Genki Member’s Account is deemed to be an acceptance of the Terms and Conditions of the Genki Membership Program.

©Genki Sushi Singapore Pte Ltd

Terms of Use

Welcome to Genki Sushi Singapore.

Please read the following Terms of Use (“Terms of Use”) of the Genki Sushi Singapore Pte Ltd (“Genki Sushi Singapore”) website (“Website”) and the Genki Sushi Singapore mobile application (“Application”) carefully.

By accessing this Website, downloading and/or using the Application, 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 or access this Website and the Application.

These Terms of Use apply to your access to, and use of, all or any part of any website of Genki Sushi Singapore, including https://www.genkisushi.com.sg, 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 Singapore 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 Singapore 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 Singapore on the Sites and Application, you should not assume that the information is always up to date or that the Sites and Application contain all the relevant information available about Genki Sushi Singapore.

 

When you use the Application to register to be a member of the Genki Membership Program (“Member”), after you have completed the registration form and press the button “submit”, it implies that you have fully read and understood these Terms of Use and the “Terms and Conditions of the Genki Membership Program” and agree to be bound by them.

Genki Sushi Singapore reserves the right to change or modify these Terms of Use or any feature, policy or guideline of the Sites and the Application, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting the revisions to the Sites and/or Application, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Sites and/or Application 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 and/or Application. If you do not agree to the amended terms, you must stop using the Sites and Application.

Description of services

1.1 Website

This Website provides information about Genki Sushi Singapore, including news, members’ benefits, menu, store location, job opportunities and contact details.

1.2 Application

The Application provides information about us, including news, the Genki Membership Program, coupons, store location and contact details. “Application” shall mean the software provided by Genki Sushi Singapore 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 the Application. The Application allows you to access certain functionality available on www.genkisushi.com.sg.

1.2.1 Availability

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

1.2.2 System Requirements

In order to use the Application, you are required to have a compatible mobile phone or handheld device (“Device”), internet access, and the necessary minimum specifications (“Software Requirements”). The Software Requirements are as follows: Only applicable to mobile devices using iOS 8.0 or above and Android 4.4 or above. The version of the Application software may be upgraded from time to time to add support for new functions and services.

2. Conditions of Use

You can only use the Sites and the Application for legal purposes and cannot use the Sites and the 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 the Sites, the materials and/or products provided in the Sites and the 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 the Sites and/or Application and shall not interfere with the operation of the Sites and/or 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 the Sites and/or Application. You shall also not use the Sites and/or Application or other method to collect the details of other users. Without express permission from Genki Sushi Singapore, the Sites (or any part thereof) and the Application shall not be reproduced, modified, translated, copied, printed, sold or transferred. The Sites and the Application shall be used by the users for purposes as intended by Genki Sushi Singapore.

2.1 Genki Sushi reserves the right to amend or withdraw the Application or charge for the Application or service(s) 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 the 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 the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.

3. Personal Information Collection Statement

Please read the Privacy Policy carefully to understand how Genki Sushi Singapore collects, uses and discloses personally identifiable information from users of the Sites and the Application.

When you register to be a Member via the Application, you may have to provide Genki Sushi Singapore your personal information (including but not limited to your salutation, name, gender, date of birth, contact details and email address) (“Data”). You agree and confirm that such Data has been provided to Genki Sushi Singapore voluntarily.

You acknowledge and agree that for the purpose of providing you certain services, Genki Sushi Singapore may use or combine your Data 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 Singapore to access such information and Data in your mobile device.

If the information (including any Data) provided by you is incomplete or incorrect, Genki Sushi Singapore will be unable to register you or provide or continue to provide related service(s), or may not allow you to enter or may discontinue your use of this Website and/or the Application. You warrant to Genki Sushi Singapore that all information provided to Genki Sushi Singapore is correct, truthful, valid and complete. Otherwise, Genki Sushi Singapore reserves the right, without notice, to cancel your registration and qualification and/or refuse to allow you to use this Website and/ or the Application or its service(s) at the present time or in the future.

If you opt-out or unsubscribe the receiving of advertising, marketing and promotional communications from us, Genki Sushi Singapore may still send you non-promotional communications such as emails about your Genki Member’s Account or membership matters.

4. Membership management and responsibilities

When registering to be a Member, you need to provide your mobile number and create a password (“User Information”). You must keep your User Information confidential. You are solely responsible for the confidentiality and security of any User Information transmitted from or stored on a Device for purposes of the Application, whether authorized or unauthorized. You agree to immediately notify Genki Sushi Singapore of any unauthorized transactions associated with the Application or any other breach of security. Genki Sushi Singapore shall not be responsible for any losses arising out of the loss or theft of User Information transmitted from or stored on a Device or from unauthorized or fraudulent transactions associated with the Application.

If you breach any of these Terms of Use, or if Genki Sushi Singapore suspects that you breach any of these Terms of Use, or Genki Sushi Singapore believes that your action(s) have violated applicable laws or damaged the interests and/or reputation of Genki Sushi Singapore, its affiliates or other users, Genki Sushi Singapore reserves the absolute right to without notice to you suspend and/or revoke your membership, withdraw your membership registration and qualifications, or suspend/terminate your access to this Website and/or this Application or use its service, and take such other legal action against you as we deem fit.

5. Genki Member’s Account

The Genki Member’s Account and its services provided in the Application are only for the use of the individual Genki Member or pre-member. Access rights shall not be transferred or assigned. You may be asked to provide satisfactory evidence to Genki Sushi Singapore for verification purposes. Genki Sushi Singapore reserves the right to suspend this service or any parts of the service for repairs, maintenance, upgrades or any other work(s) as Genki Sushi Singapore deems appropriate without any prior notice.

Please also refer to the Terms and Conditions of Genki Membership Program.

6. Promotional activities

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

7. Underage persons

The Sites and the Application may only be used by individuals aged eighteen (18) years or older. If you are thirteen (13) years or older but under the age of eighteen (18) years, you should review these Terms of Use with your parent or guardian to make sure you and you parent or guardian understand and agree to these Terms of Use. Should the parent or guardian not agree to these Terms of Use, you must immediately exit the Sites and/or uninstall the Application and discontinue its use.

Genki Sushi Singapore assumes that all users of the Sites and/or this Application are of legal age.

8. Use of materials

The contents of the Sites and the Application, including texts, diagrams, images, music, symbols, graphic buttons, links, HTML codes, trade marks, softwares and other materials and all the materials on the Sites and/or the Application (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 Singapore, its affiliated company, or its respective licensor(s) (as the case may be). Unauthorised 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 Singapore, you shall not sell or modify the Materials, reverse engineer, 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.

9. No Warranties

GENKI SUSHI SINGAPORE IS PROVIDING THE SITES AND/OR THE APPLICATION TO YOU “AS IS” AND YOU ARE USING THE APPLICATION AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, GENKI SUSHI SINGAPORE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW, TRADE USAGE, OR OTHERWISE, INCLUDING ANY WARRANTIES THAT THE SITES AND THE APPLICATION ARE MERCHANTABLE, OR RELIABLE, OR ACCURATE, OR FIT FOR A PARTICULAR PURPOSE OR NEED, OR OF SATISFACTORY QUALITY, OR NON-INFRINGING OR FREE OF DEFECTS, VIRUSES OR ERRORS, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, OR THAT THE USE OF THE SITES AND THE APPLICATION BY YOU IS IN COMPLIANCE WITH LAWS APPLICABLE TO YOU, OR THAT USER INFORMATION OR DATA TRANSMITTED IN CONNECTION WITH SITES, THE APPLICATION AND THE GENKI MEMBERSHIP PROGRAM WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED OR RECEIVED.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL GENKI SUSHI SINGAPORE and its affiliated companies (INCLUDING THEIR employees, officers, directors, contractors, service providers, ADVISORS and consultants): (A) BE LIABLE TO YOU WITH RESPECT TO THE USE OF OR INABILITY TO USE THE SITES AND/OR THE APPLICATION, the content or the materials contained in or accessed through the Sites AND/OR THE APPLICATION (including without limitation any damages caused by or resulting from reliance by YOU on any information obtained from GENKI SUSHI SINGAPORE and its affiliates); AND (B) BE LIABLE TO YOU FOR ANY DIRECT LOSSES, DAMAGES FOR LOSS OF GOODWILL, LOSS OF INCOME, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE INABILITY TO USE THE SITES AND/OR THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION, INDIRECT LOSSES, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES.

11. Indemnification

You agree to defend, indemnify and hold harmless Genki Sushi Singapore 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 and/or the Application; (b) your violation of these Terms of Use; (c) your violation of any rights of another; or (d) your conduct in connection with the Sites and/or the Application.

12. 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.

13. No waiver

Genki Sushi Singapore’s failure or delay in exercising any right or power under the Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.

14. Assignment

Genki Sushi Singapore may assign its rights and obligations herein. You shall not assign your rights and obligations. These Terms of Use do not create any right under the Contracts (Rights of Third Parties) Act, and is not enforceable and not intended to be enforceable by any person who is not a party to it.

15. 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.

16. Applicable law

Access to and use of the Sites, the Application and these Terms of Use are governed by the laws of Singapore, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Sites, the Application or these Terms of Use shall be instituted only in the courts of Singapore. You and Genki Sushi Singapore agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

17. Contact

If you wish to contact Genki Sushi Singapore for matters regarding this Website, the Application or these Terms of Use, please send your written request to the following address:

Email: [email protected]

Address: Genki Sushi Singapore Pte Ltd

11 North Buona Vista Drive #04-08 The Metropolis Tower 2 Singapore 138589