SERVICE AGREEMENT

“One Empire” (hereafter called the SERVICE) refers to the member-exclusive service provided by Empire Sushi Sdn. Bhd. and its affiliated companies (hereafter called the COMPANY) for One Empire members. This AGREEMENT is made and agreed to between YOU and the COMPANY.

A. Declaration

1. YOU confirm that YOU have full knowledge, understanding, and acceptance of all the terms and conditions of this AGREEMENT upon registration of the One Empire. YOUR successful registration for and use of the SERVICE constitutes YOUR consent to be bound by this AGREEMENT.

2. YOU agree that the COMPANY reserves the right to amend this AGREEMENT at any time, in the COMPANY’s sole discretion, by posting any such amendment(s) to the COMPANY’s website without prior and separate notice. YOUR continued use of the SERVICE after amendment to the AGREEMENT is posted will be deemed as full knowledge and acceptance of the revised AGREEMENT. If YOU do not agree to any such amendment(s), YOUR sole recourse shall be to cease using the SERVICE.

B. One Empire Membership

1. “One Empire”: Each e-card carries a unique number and YOU may set a password for the purpose of enquiry and calculation of points or for redeeming other related benefits.

2. Membership Tier

a. Empire Friend

b. Empire VIP (spending of RM500 and above annually).

3. Member service: One Empire service offered by the COMPANY includes:

a. Point accumulation: For every RM1 worth of purchase, earn 1 point. (Empire Friend and Empire VIP)

b. Point redemption: Points can be redeemed as e-voucher in One Empire (Empire VIP).

c. Point validity period: Beginning] January 2021, points earned will expire at the end of every second year on 31st December. For example, points earned in April 2021 are valid till 31st December 2022; points earned in March 2021 are valid till 31st December 2022. (Empire Friend and Empire VIP)

d. Member events and discount benefits;

 

Benefits

 

 

Empire Friend

 

 

Empire VIP

 

 Birthday Gift No  Yes
Discount or Rebate No Yes
 Pre-Order Yes Yes
PWP Yes Yes

4. Member Rebate (Empire VIP) – Auto Credit E- Vouchers to Members Account After Purchase
(Validity 30 Days)

Upon Purchase,

Buy RM 21, get RM 1.20 e-voucher

Buy RM 41, get RM 2.40 e-voucher

Buy RM 61, get RM 3.60 e-voucher

Buy RM 81, get RM 4.80 e-voucher

Buy RM 101, get RM 8.80 e-voucher

5. In the event when e-voucher redeemed with points while next following day that membership is expired, it will be still available for redemption. If e-voucher is expired, COMPANY will not extend or entertain. While redemption, voucher shall present from YOUR apps as print screen and printed voucher will not be valid. Points deducted will not be refunded.

6. Enquiry: All YOUR operation on this system will be recorded by the COMPANY, regardless of the success or failure of the attempts in attaining the desired results. YOU may enquire about the points accumulated in YOUR e-card through this system. If YOU deem the record incorrect, YOU may request a detailed transaction record from the COMPANY and processing fee will be charged.

7. Force Majeure disclaimer: The SERVICE may be rendered unavailable for causes beyond the COMPANY’s reasonable control. The COMPANY shall not be held liable for any loss or damage incurred as a result of unavailability of the SERVICE.

8. YOU agree that, for business operation and security reasons, the COMPANY reserves the right to suspend or limit certain service function of One Empire, or offer new service features to it. Upon these changes, YOUR continued use of the SERVICE will be deemed as acceptance of this AGREEMENT and the revised AGREEMENT.

C. One Empire Member Account

1. Registration YOU agree that:

a. YOU shall provide information as required to register for the SERVICE and ensure the information submitted is accurate, current and complete. If, on reasonable grounds, the information is suspected to be inaccurate, not current or incomplete, the COMPANY reserves the right to suspend or terminate, in part or in full, the SERVICE for YOU. Any direct or indirect expense incurred for reasons aforementioned shall be borne by YOU instead of the COMPANY.

b. In the event of non-performance of the SERVICE or mistakes involved as a result of YOUR failure to update YOUR personal information, YOU shall bear the full consequence and the COMPANY will not be liable for any responsibility.

c. YOU shall be responsible for YOUR One Empire account, which is designated solely for YOUR own use and cannot be transferred, given as a gift or inherited. Should YOU lose all or part of the capacity for civil rights or civil conduct, the COMPANY reserves the right to take charge of YOUR One Empire account pursuant to valid legal documents (including without limitation to effective court verdict, will, etc.)

2. Account Security Taking full responsibility for YOUR actions concerning the One Empire account and its password, YOU agree that:

a. YOU will not reveal YOUR One Empire number and password to others, nor will YOU use any other person’s One Empire number and password.

b. Should YOU find YOUR One Empire and/or password stolen or misappropriated, YOU shall notify the COMPANY immediately and effectively, and request for suspension of the SERVICE. YOU understand that the COMPANY needs reasonable time to process YOUR request. The COMPANY will not be liable for any executed instruction and (or) loss incurred prior to confirmation of YOUR request.

D. Points Redemption

1. For effective protection of YOUR legal interests in using the SERVICE, YOU understand and agree to accept the following provisions:

a. With the use of the SERVICE, points will be granted through various forms. No cash value is endowed upon the points. They cannot be converted into cash or any other forms of money, regardless of the ways through which the points are earned.

b. Points are not deemed as any form of property; hence they are not any property over which YOU may exercise the full right of possession. The COMPANY may, in its sole discretion, adjust the point value or amend relevant provisions relating to points redemption without YOUR prior consent.

c. YOU are entitled only to convert the points granted into designated service or products according to the COMPANY’s relevant provisions.

d. Fraud, misuse, or other misconduct involving the acquisition and (or) use of points may result in the immediate cancellation, restriction or termination of YOUR points or the use of YOUR points.

e. Point validity period: Beginning January 2021, points earned will expire at the end of every second year on 31st December. (For example, points earned in April 2021 are valid till 31st December 2022; points earned in March 2021 are valid till 31st December 2022).

E. Restrictions on the Use of One Empire Service

1. YOU shall use One Empire and the SERVICE in accordance with relevant laws and regulations of Malaysia, applicable regulations of the country or region YOU are in, and other applicable international convention. YOU will not apply the SERVICE to any illegal purposes (including the trading of prohibited or restricted items), or use the SERVICE illegally.

2. YOU shall not engage in conducts infringing others’s legal interests while YOU use One Empire. Otherwise, YOU shall assume the legal responsibility entailed, and be liable for compensation if the rights and interests of the COMPANY or the employees with the COMPANY are impaired as a result. The aforementioned conducts include but are not limited to:

a. Infringing others’ right of reputation, privacy, trade secret, trademark, copyright, patent, and other legal rights;

b. Breaching confidentiality obligations imposed by law or agreement;

c. Using the SERVICE with false personal data;

d. Distributing computer viruses or engaging in other acts threatening the SERVICE system and data;

e. Other conduct deemed, based on sound reasons, improper by the COMPANY.

3. YOU understand and agree that the COMPANY may suspend or terminate the SERVICE in any of the following circumstances and is not liable to compensate for any loss, damage or expense accrued, including without limitation to the loss of profit, reputation, service, data or other intangible damage (regardless of whether the COMPANY receives prior notice of the possibility of damage):

a. On grounds including without limitation to violation of the provisions and spirit of this AGREEMENT, the COMPANY reserves the right, in its sole discretion, to suspend, stop, or terminate the SERVICE, in full or in part, for YOU and remove YOUR data subsequently.

b. Should there be any abnormality or suspected illegal conducts involved in the transaction with YOUR account, the COMPANY reserves the right to suspend or terminate YOUR One Empire account and deny YOU the SERVICE in full or in part.

c. The COMPANY reserves the right to terminate the SERVICE without prior notice when deemed necessary. It may suspend, deny access to or delete the account and all related information and files, freezing or cancelling the points accrued in the One Empire account.

F. Privacy Protection

1. YOUR acceptance of this AGREEMENT or YOUR act of using the SERVICE constitutes YOUR consent to the use, application and disclosure of YOUR personal information by the COMPANY according to the following provisions and the Privacy Policy:

a. Password YOU are required to set a password upon registration as identification of YOUR One Empire account. The password is the sole means by which YOU get access to YOUR account. Once YOU divulge YOUR password to others, YOUR personal identification information may subject to theft, thus leading to legal consequences to YOUR disadvantage. Should YOU sense any potential or realistic threat, arising from whatever reason, to the application of YOUR username and password, YOU shall contact the COMPANY immediately, and shall not hold the COMPANY liable for any loss or damage incurred prior to the COMPANY’s action against the threat.

G. System Halt or Failure

1. The COMPANY shall not be liable for any loss or damage in the event of system haltor non-performance of the SERVICE as a result of the following causes:

a. Servers are down for maintenance with relevant notice posted on the Empire Sushi website by the COMPANY;

b. Data communication fails as a result of telecommunication equipment failure;

c. The COMPANY’s system fails due to circumstances beyond its reasonable control, including typhoon, earthquake, tsunami, flooding, electrical power failure, war, acts of terrorism, and other force majeure incidents.

d. Service is interrupted or delayed for reasons such as hacker attacks, technical adjustment or system breakdown on the part of telecommunication providers, website upgrades, technical difficulties with banking systems, etc.

H. Return & Refund Policy

1. This Return and Refund policy is only be applicable Empire Sushi Sdn. Bhd. Pre Order only.

2. Should there be any discrepancy of products collected and Customer wishes for return, Customer need to notify Empire Sushi outlet staff or email marketing@empiresushi.com.my to report on the products upon 2 hours of receiving the goods.

3. Please allow up to 14 working days for your refund to be processed.

4. Return/Refund of Products can be arranged under the following reasons:

a. If the products delivered is in damaged or defective condition; or

b. If the product is different from the Order collected. Products for return or refund shall be returned in its original condition, quantity and packaging as it first delivered to customer together with proof of purchase.

I. Payment

1. There are a few Payment methods available for you to pre-order at One Empire.

Credit Card (Visa and Mastercard)
E-Voucher
Internet Banking
E-wallet (Boost, GrabPay & Touch N Go)
2. Credit Card / Debit Card

Credit Card & Debit Card payment is available for all Members. We accept all VISA and Mastercard Cards, both Credit and Debit with 3D secure (Verified by VISA and Mastercard secure)

3. E-Voucher

These offers exclusive discount or promotion. You will need “Select” upon payment check-out

4. Internet Banking

You can make a payment via internet banking which you can choose from the list of banks available in Malaysia. You will be redirected to Online Banking page to login your selected bank to complete your transaction.

5. E-Wallet(Boost, GrabPay & Touch N Go)

We welcome and provide access to the seamless convenience of digital payments to our Members. Hence, it is now possible to pay your orders with e-wallets such as Boost, GrabPay & Touch N Go.

J. Limitation of Liabilities

1. The COMPANY is responsible only for obligations expressly stated in this AGREEMENT.

2. The One Empire user data is offered by the user on voluntary basis. The COMPANY does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the SERVICE. YOU shall take full responsibility for YOUR own judgment.

3. Partners of the SERVICE are responsible for the quality and content of the service they provide, for which the COMPANY bears no liability.

4. YOU must evaluate and bear all risks associated with the use of any content downloaded or acquired through the SERVICE. YOU shall take full responsibility for any damage or loss of data on YOUR computer system caused by YOUR decision to download the information.

5. No advice or information, whether oral or written, obtained by YOU from the COMPANY or its staff, or through the service shall create any warranty on the SERVICE not expressly stated by the COMPANY.

6. To the extent permitted by law, the COMPANY shall in no event be liable for any indirect, punitive, special or incidental damages associated with or arising from this AGREEMENT, whether in breach of this AGREEMENT (including breach of warranty), tort or of whatever causes, even if the COMPANY has been advised of the possibility of such damages. The COMPANY disclaims any responsibility for the aforementioned damages notwithstanding any claim that a sole or exclusive remedy provided in this AGREEMENT may or does fail of its essential purpose.

K. Trademark and Intellectual Property Rights Protection

1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Empire Sushi website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) are owned by the COMPANY or its affiliated companies as permitted by law.

2. None of the programming information or content of the Empire Sushi website may be used, revised, copied, transmitted, altered, disseminated, distributed or publicized without prior written consent from the COMPANY or its affiliated companies.

3. YOU are obliged to respect intellectual property rights, the breach of which may render YOU liable for damages incurred.

L. Jurisdiction

1. The law of Malaysia governs this AGREEMENT, the effectiveness, interpretation, modification, application and dispute resolution of which shall be dealt with in accordance with relevant provisions thereby, or pursuant to applicable international business convention and (or) prevailing industry practices in cases where the law of Malaysia fails to provide.

2. Any disputes arising from this AGREEMENT shall be dealt with in accordance with relevant law of Malaysia. Relevant lawsuits shall be filed to the people’s court of the place Empire Sushi Sdn. Bhd. is located.