Last update on 24 October, 2022

These terms of use apply to all users of Genki Sushi Hong Kong website (order.genkisushi.com.hk) (the 'Website') and mobile application (the 'Application') which are both is operated by Genki Sushi Hong Kong Limited ('Genki Sushi', 'we', 'us', 'our'). Genki Sushi is a licensee of Genki Sushi Co., Ltd. of Japan and operates Genki Sushi and sen-ryo outlets in Hong Kong. Genki Sushi is owned and operated by Maxim’s Caterers Limited ('Maxim’s').

Your use of the Website or the Application is governed by these Terms of Use ('Terms of Use'). Please carefully read the following Terms of Use before using the Website or the Application.  Your use or access of the Website or the 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 or access the Website or the Application. 'You', 'your', and 'users' refer to any person and/or entity that uses and/or accesses the Website or the Application for any reason.

The information and services in the Website and the Application are directed solely at Users accessing the Website or the Application from Hong Kong.

Genki Sushi reserves the right to amend these Terms of Use without any notification in our sole discretion. You are reminded to review these Terms of Use regularly to ensure that you are familiar with the most recent version.  By your continued use or access of the Website or the Application, you agree to be bound by the most recent version of these Terms of Use.

1. Description of services

1.1 Website
This Website provides information about us, news, Member Area, online takeaway ordering services (“Online Ordering Services”), menu, store locations, job opportunities and our contact details.  

In order to use the services at this Website, you are required to access the Website through any internet connected devices including desktop computers, mobile phones or tablets. Genki Sushi recommends the following browsers for the best experience:
- Chrome v77 / Edge v44 / Safari 11 or above
- Recommended screen resolution: 1366x768
- Javascript and Cookies turned on

1.2 Guest/Member Log-in
This Website is open to both Genki Sushi members (“Members”) and non-Members in Hong Kong.  Members are required to use the membership number or registered email address and the password to access Member area, and may place order through the Online Ordering Service section in the Website, while non-Members can place order there as a guest. Genki Sushi has the absolute discretion to refuse the login of any person or to terminate the access to the Website   by any person for any reason whatsoever.

1.3 Online Ordering Service
1. Online Ordering Services provide takeaway ordering services (“Order”) only for self-pickup. It does not provide any delivery service for such Order.

2. To place an Order via the Online Ordering Service, you need to provide an email address for receiving the Order confirmation email (“Confirmation Email”) and your phone number for contact purpose. In the event that you provide the contact information of another person, you shall ensure that you have  obtained the consent of the person to whom such contact details belongs and by submitting the contact details, you  warrants to Genki Sushi that (i) you have obtained the consent from the relevant person and (ii) you  assume responsibility to ensure accuracy of the contact information provided.

3. Order(s) made on this Website are subject to acceptance and confirmation by Genki Sushi. After receiving your Order, Genki Sushi will acknowledge receipt of your Order. However, it is not an acceptance of your Order. Genki Sushi shall make every effort to fulfil your Order, but shall not be liable to you if we shall decline or become unable to fulfil an Order for whatever reason.

4. Once an Order has been placed by you, the Order can neither be cancelled nor altered by you. Separate Orders should be placed if an Order is intended  to be collected at different time or at different stores.

5. You acknowledge and agree that in order to process and follow up your Orders and payments and for other directly related purposes, we will use, collect and process your personal data submitted by you. The personal data includes, without limitation, your name, phone number, email address, products, price and date of the purchase etc. If you place an Order for other people, we will use, collect and process the data of the recipient designated by you, including but not limited to his/her name, email address and phone number. Please read the [Privacy Policy] carefully to understand how we collect, use and disclose information about our customers.

6. Genki Sushi reserves the right to update the price and/or product details at any time. All the product details and/or price are based on the information displayed at the Website when Genki Sushi confirms the Order.

7. Genki Sushi shall use its reasonable efforts to ensure products displayed on the Website are in stock. If any product in your Order is out of stock, Genki Sushi reserves the right to offer alternative product(s) of similar pricing and category as replacement

8. The prices set out in  this Website are applicable to Online Ordering Services only. Price for some products may differ from those charged for the same products for dine-in at Genki Sushi physical store(s).

9. Genki Sushi may at its absolute discretion from time to time decline any Order, set credit limit(s) against any person, transaction or credit card and/or restrict purchase quota(s) and shall not be liable to you if Genki Sushi shall decline or become unable to fulfil an Order for whatever reason.

10. Product information, colour, pricing and image(s) in the Website are for reference only. You shall not be entitled to return any part of an Order or refund on the basis that it does not correspond exactly to its online image.

11. The use of Genki Points in an Order is governed by the Terms and Conditions of Genki Membership Program.

12. Payment for an Order, or remaining balance of an Order after deducting the amount of Genki Points used (if applicable), must be settled on the Website.

13. All prices in the Website are listed in Hong Kong Dollars. In no event that Genki Sushi shall be responsible for any cost charged to or incurred by the customer due to any bank, payment method and/or foreign currency conversion.

14. The Website has applied Secure Socket Layer (SSL) technology. All personal data  including customer’s credit card number, name, email address and phone number provided by you for Online Ordering Services will undergo encryption before transmission through internet to protect the information from being accessed by unauthorized third-party during transmission.

15. Genki Sushi reserves the right to modify payment terms for any Order without prior notice.

16. The Website will conduct regular system updates from 4:00 am to 5:00 am every day and the Website will be suspended for services during such time.

17. The Order pick-up time available for your to choose may be adjusted due to operational status of the particular store(s). When your  selected store for the Order becomes unavailable for pick-up at certain dates and time slots, Genki Sushi will contact you to arrange for alternative pick-up time and/or store.

18. Member Thankful Day discounts will only be applied to Orders placed and picked up on the same Member Thankful Day . Upon completion of placing the Order, any change of the Order will not be entertained. For Order(s) placed on Member Thankful Day with self-pickup on another day, discount will not be applied to such Order(s) even if pick-up dates are changed to the same day of the Member Thankful Day after completion of Order.

19. The preparation time of an Order depends on the operational circumstances of a particular store. Genki Sushi shall use its reasonable effort to ensure Orders to be completed on or before  your selected pick-up time .

20. If an Order is not picked up within 1 hour of your selected pick-up time slot of the Order, the Order will be deemed to be cancelled and/or abandoned by you and no refund will be made. Notwithstanding the foregoing, to take into account the closing time of relevant store(s), the 1-hour limit will be reduced according to the business hours of the of relevant store(s).

21. For pick-up of an Order, customers must present a valid pick-up QR code (“QR Code”) or Confirmation Email to the staff for verification. Each QR code or Confirmation Email can be used for pick-up once only. Pick-up records kept by Genki Sushi shall be deemed conclusive.  Genki Sushi may need further information to verify the identity of the customer (such as information of the Member account). Otherwise, Genki Sushi reserves the right to decline any customers from picking-up an Order at its sole discretion absolutely.

22. You should safekeep the Confirmation Email and QR code. Anyone showing the staff of the relevant store with a valid Confirmation Email or QR code will be deemed to be your authorized representative for picking up a relevant Order.

23. All items are non-refundable, non-returnable and non-exchangeable after payment of such Order has been completed.

24. In any event, Genki Sushi shall not be liable to you or any users of the Online Ordering Service in respect of any loss, expense, damage, claim, demand or action (including direct or indirect, special, economic or consequential loss or damage or loss of revenue, profit, goodwill, bargain or opportunities or loss or corruption of data or loss of anticipated savings) which may be suffered or incurred or arise directly or indirectly from the access or use of the Online Ordering Service, malfunction of the Online Ordering Service or network failure.

1.3 Application
1.3.1 This Application provides information about us, news, access to Member Area, access to Online Ordering Services (through our Website), menu, virtual queuing, store locations and our  contact details . This Application allows you to access certain functions available on order.genkisushi.com.hk.

1.3.2 System Requirements
ThisIn 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”). Mobile App are only applicable to mobile devices using the latest version of iOS and AOS. The version of this Application software may be upgraded from time to time to add support for new functions and services.

1.3.3 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, which charges are accepted by you.

2. Conditions of Use
2.1 All the information contained within this Website and 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 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.

2.2 You shall 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.

3. Personal Data & Privacy
3.1 We respect the privacy rights of the Users. Except where specifically stated, all personal data collected by us shall be handled strictly in accordance with the Privacy Policy Statement.

3.2 In order to use this Website, Application or register as a Member, it is necessary to provide us with the personal data that is indicated as “mandatory” on the Member registration or payment page on this Website or Application. If you are unable or unwilling to provide us with complete and correct personal data that is indicated as “mandatory” on the registration or payment page, we may not be able to register a Member for you or provide you with some of our services.     

3.3 You acknowledge and agree that for the purpose of providing you certain services in the Application (e.g. online queuing services, delivery of e-coupons), Genki Sushi may use or combine your personal 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 to access such data  in your mobile device.

4. Membership
4.1 You may register as a Member subject to compliance with the relevant requirements imposed by Genki Sushi from time to time. Genki Sushi has the absolute discretion to refuse or terminate the registration of Membership by any one at any time for any reason whatsoever and without any notice or liability to you.

4.2 When you use the Website and/or the Application to register as a Member, after you have completed the form and press the button "submit", it indicates that you have fully read and understood the terms and conditions which apply to the Genki Membership Program as found at Terms and Conditions of Genki Membership Program and by submitting your completed form, you agreed to be bound by them.

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

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

5.3 Transaction(s) made in the  Website and this Application may allow you to collect and redeem Genki Points, which collection and redemption is subject to the Terms and Conditions of Genki Membership Program which can be viewed at Terms and Conditions of Genki Membership Program.

6. Recruitment
6.1 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 evaluate and assess the possibility of employing you, and for any related use as stated on recruitment webpage.

6.2 Genki Sushi retains the personal data of unsuccessful applicants for future recruitment purposes for a period of 6 months from your submission. 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.

7. 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’s decision  on the  number of points to be awarded based on our records shall be final and conclusive .

8. Underage persons
If you are under 18 years old or do not have the legal capacity to enter into a contract, you should not provide any personal data  to us and will not be allowed to use this Website or this Application. If you still wish to  browse and use this Website 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 are of legal age and is not obliged to check your age. If any user is found to be a minor or lacking the legal capacity, Genki Sushi reserves the right to take action against such User or his/her parents/guardian including but not limited to cancelling your Membership or refusing your access to this Website or this Application.

9. 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. Without our prior written permission, you shall not, for any public or commercial purpose, copy, reproduce, re-issue, upload, download, publish, post, transmit, display in public, sell, modify, alter, store in any retrieval system or distribute any part of the Materials for any purpose.

10. Legal use of Website and Application
10.1 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.

10.2 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.

11. Warranty  
11.1 This Website, the Application and all Materials contained therein are provided on an “as is” and “as available” basis without any warranty of any kind either express or implied including but not limited to any implied warranties or implied terms as to title quality, merchantability, fitness for purpose, privacy or non-infringement.

11.2 To the extent permitted by the law, Genki Sushi disclaims all implied or express warranties and make no representation as to the correctness, reliability, completeness or timeliness of any Material. Genki Sushi assumes no liability for any loss or damage arising from the contents on this Website and/or this Application, including but not limited to any mistake, error, omission, infringement, defamation, falsehood or any other material or omission that might offend or otherwise gives rise to a claim or complaint.

12. Limitation of liability
12.1 By accessing and using this Website or the Application, you acknowledge and accept that the use if the Website or the Application is at your own risk. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL GENKI SUSHI OR THEIR AFFILIATED COMPANIES (A) BE LIABLE TO YOU WITH RESPECT TO USE OF THE WEBSITE OR THE APPLICATION; AND (B) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF YOUR INFORMATION, THE INABILITY TO USE THE WEBSITE OR THE APPLICATION OR ANY OF ITS FEATURES OR DEVICE FAILURE OR MALFUNCTION. YOUR SOLE REMEDY IS TO CEASE USE OF THE WEBSITE OR THE APPLICATION. TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT (BUT SUBJECT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW) SHALL THE AGGREGATE LIABILITY OF GENKI SUSHI AND THEIR AFFILIATED COMPANIES, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE WEBSITE OR THE APPLICATION, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GENKI SUSHI FOR ACCESS TO OR USE OF THE  WEBSITE OR THE APPLICATION, for a particular Order GIVING RISE TO SUCH LIABILITY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, NOTHING IN THESE TERMS SHALL EXCLUDE OR RESTRICT GENKI SUSHI AND THEIR AFFILIATED COMPANIES’ LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THEIR NEGLIGENCE.

12.2 In no event shall Genki Sushi be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond our reasonable control including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, electrical power failures, strikes, labour disputes, riot, protest, shortages of labour or materials, fires, floods, storms, explosions, acts of God or delays or non-performance by third parties.

13. Interpretation
Clause headings 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.

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

15. Severability
If any provision in these Terms of Use is found to be invalid, illegal or unenforceable, the effectiveness, legality or enforceability of the remaining provisions of these Terms will not be affected in any respect.

16. 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 shall be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any dispute or claim between Genki Sushi and you.

17. 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:

General Enquiry : cs@genki.com.hk
Member Enquiry : 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

18. Others
18.1 In case of any dispute, the decision of Genki Sushi (Hong Kong) Limited shall be final.

18.2 In case of any discrepancy between the English and Chinese versions of these Terms of Use, the English version shall prevail.

©Genki Sushi Hong Kong Limited 2022