SERVICE AGREEMENT
This agreement is deemed made and agreed between you and us, Empire Sushi Sdn. Bhd. and our related corporations (“Company”) (“Agreement”) when you register as a member and use the services (“Services”) provided and managed by us via our programme application, Empire Sushi App ("Empire Sushi App”). This Agreement sets out the terms and conditions for the Empire Sushi App, Empire Sushi Membership (as defined herein) and the Services provided through the Empire Sushi App (“Terms of Service”).
1. Declaration and consent
1.1. By using the Empire Sushi App and registering for the Empire Sushi App, you confirm and agree that you have full knowledge, understand and consent to this Agreement and the Terms of Service governing your use of the Empire Sushi App upon registration for the Empire Sushi App.
1.2. If you are a minor (i.e. below the age of 18 years old), you must obtain consent from your parent or guardian before using Empire Sushi App and/or registering for the One Empire Membership.
1.3. The Company shall reserve the right to amend this Agreement, the Terms of Service and/or policies governing the usage of the Empire Sushi App and/or the Empire Sushi Membership at any time and from time to time. The Company shall be entitled to post any such amendment(s) on the Company's website and/or the Empire Sushi App without prior or separate notice to you and such amendment(s) shall be effective as stated therein. The continued access and use of the Empire Sushi App and/or the Service after amendments to this Agreement, the Terms of Service or policies are posted will be deemed as full knowledge and acceptance of the revised Agreement, Terms of Service and policies by you. If you do not agree or consent to any such amendment(s), you should cease to use the Services and cancel or terminate your Empire Sushi Membership by deactivating your account via the Empire Sushi App.
2. Registration of Empire Sushi Membership
2.1. When you register an account on the Empire Sushi App (“Empire Sushi Membership”), you shall provide true and accurate information as required and ensure the information submitted is accurate, current and complete for the purposes of registration. In the event there is an error or change in the information provided, you must promptly revise or update the information via the Empire Sushi App.
2.2. Upon successful registration of your Empire Sushi Membership, you may set a password for the purpose of enquiry and calculation of points or for redeeming other related benefits under your Empire Sushi Membership. Your Empire Sushi Membership is not transferable, gifted or inherited and can only be used by you as the rightful owner.
2.3. If, on reasonable grounds, the information provided by you is suspected to be inaccurate, not current or incomplete, the Company reserves the right to suspend or terminate your Empire Sushi Membership, and stop providing the Services, in part or in full to you. Any direct or indirect expense incurred for reasons aforementioned shall be borne by you instead of the Company.
2.4. In the event of non-performance of the Service or mistakes due to your failure to update your information, you shall bear the full consequence and the Company will not be liable for any responsibility.
2.5. You shall be responsible for your Empire Sushi Membership, 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 control over the Empire Sushi Membership, the Company reserves the right to take charge of your Empire Sushi Membership.
2.6. You must ensure the security of your Empire Sushi Membership. You must not allow any third party to use it or reveal your login and password details to any third party, nor you will use any other person's Empire Sushi Membership login and password.
2.7. Should you find your Empire Sushi Membership login and/or password has been stolen or misappropriated or compromised, you shall notify the Company immediately and effectively, and request for suspension of your Empire Sushi Membership and/or the Services. You understand that the Company requires reasonable time to process your request. The Company shall not be liable for any instruction carried out and/or losses incurred on your Empire Sushi Membership prior to the notification of your request.
3. Membership Tier
3.1. The Empire Sushi Membership is distinguished in 4 tiers as follows:
3.2. Points collection
3.3. Points Redemption
3.4. Empire Sushi Membership Privileges
3.4.1. The Empire Sushi Membership privileges are as follows:
| Tier / Status | ||||
| Benefits | Empire Member | Empire Silver | Empire Gold | Empire Platinum |
| Birthday Gift | RM5 E-Voucher | RM8 E-Voucher |
RM11 E-Voucher |
Empire Combo 3 |
| Pre-Order | Yes | Yes |
Yes |
Yes |
| Exclusive Deals | Yes | Yes |
Yes |
Yes |
3.4.2. You may also participate or get more information on the activities, promotions and rewards made from time to time on the Empire Sushi App or our Company’s website.
3.5. All your operation on the Empire Sushi App 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 Empire Sushi Membership through the Empire Sushi App. If you deem the record incorrect, you may request a detailed transaction record from the Company and a processing fee will be charged upon such request.
3.6. The Empire Sushi App and/or the Services may be subject to limitations or delays or rendered unavailable for causes beyond the Company’s reasonable control. The Company shall not be held liable for any loss or damages incurred as a result of unavailability of the Empire Sushi App and/or Service, including any failure to record points accumulation, redemption of points, or other privileges, as well as any other Empire Sushi App usage-related failures, damages, or losses resulting from such problems.
3.7. You agree that, for business operation and security reasons, the Company reserves the right to suspend or limit certain service function of the Empire Sushi App and/or the Empire Sushi Membership, or offer new service features to it. Upon such changes, by you continuing to use the Empire Sushi App and/or Services, it will be deemed as your acceptance of such changes.
4. Restrictions on the Use of Empire Sushi App Service
4.1. You shall use Empire Sushi App, Empire Sushi Membership and/or the Services in accordance with relevant laws and regulations of Malaysia. You will not use the Empire Sushi App, Empire Sushi Membership and/or the Services for any illegal purposes (including the trading of prohibited or restricted items), or use the Empire Sushi App, Empire Sushi Membership and/or Services if it is illegal for you to do so.
4.2. You shall not engage in conducts infringing others’ legal interests while you use the Empire Sushi App, Empire Sushi Membership and/or the Services. Otherwise, you shall assume the legal responsibility entailed, and be liable for compensation if the rights and interests of the Company or the employees of the Company are impaired as a result. The aforementioned conducts include but are not limited to:
4.2.1. infringing others’ right of reputation, privacy, trade secret, trademark, copyright, patent, and other legal rights;
4.2.2. breaching confidentiality obligations imposed by law or agreement;
4.2.3. using the Services with false information;
4.2.4. unauthorised access to servers relating to our website or our Empire Sushi App;
4.2.5. impersonation, or using other persons Empire Sushi Membership;
4.2.6. distributing computer viruses or engaging in any acts threatening the Empire Sushi App, Empire Sushi Membership and/or the Services;
4.2.7. acts of preparing, aiding or facilitating the above; or
4.2.8. other conducts deemed inappropriate by the Company.
4.3. The Company may suspend or terminate your Empire Sushi App, Empire Sushi Membership and/or the Services in any of the circumstances stated in paragraph 4.2 above and the Company shall not be liable to compensate for any losses, damages or expenses 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).
4.4. Should there be any abnormality or suspected illegal conducts involved in the transaction with your Empire Sushi Membership, the Company reserves the right to suspend or terminate your Empire Sushi App Account or Empire Sushi Membership and deny you the Services in full or in part.
4.5. The Company reserves the right to terminate your Empire Sushi Membership and/or the Service without prior notice when deemed necessary. The Company may suspend, deny your access or delete your Empire Sushi Membership and all related information and files, freezing or cancelling the points accrued in your Empire Sushi Membership.
5. Privacy Protection
5.1. We collect information including but without limitation, the registered membership information, history of accumulation and exchange of points, traffic data (IP address etc.), behavioural data (log-ins, page views, clicks etc.), imprecise location data, data regarding cookies and similar devices, and other personal data, for the following purposes:
5.1.1. identity verification and certification;
5.1.2. administration of points and other services;
5.1.3. conduct of surveys and other campaigns;
5.1.4. advertising (including targeted advertising and interest-based advertising etc.) and other provision of information;
5.1.5. notification and other communication concerning the Empire Sushi App and Empire Sushi Membership; and/or
5.1.6. research, analysis, and collection of statistics for our marketing activities and development of products and services.
5.2. By you using the Empire Sushi App and the Services provided on the Empire Sushi App, you consent to the use, application and disclosure of your personal information by the Company according to this Agreement and the Privacy Policy at https://empiresushi.com.my/privacy-policy
6. System Halt or Failure
6.1. The Company shall not be liable for any losses or damages in the event of system halt or non-performance of the Services as a result of the following:
6.1.1. servers are down for maintenance with relevant notice posted on our Company’s website;
6.1.2. data communication fails as a result of telecommunication equipment failure;
6.1.3. 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; and/or
6.1.4. 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.
7. Return & Refund Policy
7.1. The provisions under this section is only be applicable to pre-order only (“Pre-Order” and “Food Delivery”).
7.2. Please note that you are required to collect or arrange for collection, your Pre-Order via the Empire Sushi App before the end of our business hours on the same day. If your Pre-Order is not collected by the end of our business hours on the same day, your Pre-Order may be disposed and there shall not be any refund for the amount purchased for your Pre-Order.
7.3. When you place Food Delivery with Empire Sushi App, Empire Sushi will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).
7.4. Should there be any discrepancy of the goods/products collected/delivered against your order and you wish to request for return and refund, you are required to immediately notify our outlet staff or write an email to ES_Marketing@empiresushi.com.my to report on such discrepancy within 2 hours from the receipt of the goods/products from us and/or our third-party partners.
7.5. Please note that we will process your request for refund within 14 working days upon the completion of the verification of the request submitted.
7.6. The return/refund of goods/products can be arranged for inter alia, the following reasons:
7.7.1. if the products/goods collected/delivered is in damaged or defective condition; or
7.7.2. if the product/goods collected/delivered is different from the Pre-Order/Food Delivery. Products/goods 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.
8. Payment
8.1. The following are the payment methods available for you to place your order through Empire Sushi App:
8.1.1. Credit Card (Visa and Mastercard)
(i) Payment via credit card and debit card is available for all members.
(ii) We accept all VISA and Mastercard Cards, both Credit and Debit with 3D secure (Verified by VISA and Mastercard secure).
8.1.2. E -Voucher
(i) These offers exclusive discount or promotion. You will need to click on “Select” to select the e-voucher upon payment check-out on the Empire Sushi App.
8.1.3. Internet Banking
(i) 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.
8.1.4. E-wallet (Boost, GrabPay, ShopeePay and Touch N Go)
(i) You may pay your orders with e-wallets such as Boost, GrabPay, ShopeePay and Touch N Go.
9. Limitation of Liabilities
9.1. The Company is responsible only for obligations expressly stated in this Agreement.
9.2. The data and/or information provided by you as a member of the Empire Sushi Membership is offered by the member on voluntary basis. The Company does not guarantee the accuracy, timeliness, completeness of any information provided in connection with the Services. You shall take full responsibility for your own judgment.
9.3. Partners of the Services are responsible for the quality and content of the service they provide, for which the Company bears no liability.
9.4. You must evaluate and bear all risks associated with the use of any content downloaded or acquired through the Empire Sushi App and/or Services. You shall take full responsibility for any damage or loss of data on your computer system caused by your decision to download the information.
9.5. No advice or information, whether oral or written, obtained by you from the Company or its staff, or through the Empire Sushi App and/or Services shall create any warranty on the Empire Sushi App and/or Services not expressly stated by the Company.
9.6. 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.
10. Trademark and Intellectual Property Rights Protection
10.1. All intellectual property rights (including without limitation to trademark, patent, copyright, trade secret, etc.) of the Company’s website and its content (including without limitation to the texts, photos, documents, information, reference, website framework, website graphics and webpage design) and the Empire Sushi App are owned by the Company or its related corporations as permitted by law.
10.2. None of the programming information or content of the Company’s website and/or Empire Sushi App may be used, revised, copied, transmitted, altered, disseminated, distributed or publicised without prior written consent from the Company or its related corporations.
10.3. You are obliged to respect intellectual property rights, the breach of which may render you liable for damages incurred.
11. Notices
11.1. Our notices concerning to this Agreement, the Terms of Services and/or the policies governing our websites and/or the Empire Sushi App may be posted on our website, sent by email or SMS, or given by any other means we deem appropriate.
12.1. Should you have any queries on this Agreement, the Terms of Services and/or the policy governing our website, the Empire Sushi App, the Empire Sushi Membership and/or the Services, you may contact the following:
Address : No. 5, 5th Floor, Block B, IOI Boulevard, Jalan Kenari 5, Bandar Puchong Jaya, 47170 Puchong, Selangor
13. Jurisdiction
13.1. All matters arising under or relating to this Agreement and/or the Terms of Services shall be governed by and construed in accordance with the laws of Malaysia.
13.2. You hereby agree to submit to the exclusive jurisdiction of the Malaysia courts for any disputes, controversy or claim arising out or relating to this Agreement.