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, One Empire ("One Empire App”). This Agreement sets out the terms and conditions for the One Empire App, One Empire Membership (as defined herein) and the Services provided through the One Empire App (“Terms of Service”).
1. Declaration and consent
1.1. By using the One Empire App and registering for the One Empire Membership, 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 One Empire App upon registration for the One Empire Membership.
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 the One Empire 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 One Empire App and/or the One Empire 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 One Empire 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 One Empire 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 One Empire Membership by deactivating your account via the One Empire App.
2. Registration of One Empire Membership
2.1. When you register an account on the One Empire App (“One Empire 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 One Empire App.
2.2. Upon successful registration of your One Empire Membership, an e-card will be issued to you. Each e-card carries a unique number. You may set a password for the purpose of enquiry and calculation of points or for redeeming other related benefits under your One Empire Membership. Your One Empire Membership and/or e-card 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 One Empire 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 One Empire Membership and/or e-card, 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 One Empire Membership, the Company reserves the right to take charge of your One Empire Membership.
2.6. You must ensure the security of your One Empire 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 One Empire Membership login and password.
2.7. Should you find your One Empire 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 One Empire 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 One Empire Membership prior to the notification of your request.
3. Membership Tier
3.1. The One Empire Membership is distinguished in 2 tiers as follows:
(i) Empire Friend, with a spending of RM0.00 to RM499.99 annually; and
(ii) Empire VIP, with a spending of RM500.00 and above annually
3.2. Points collection
3.2.1. Every RM1.00 worth of purchase, you shall be entitled to 1 point.
3.2.2. The points earned must be redeemed within 12 months from the date the points were earned.
3.2.3. The points collected are specific to your One Empire Membership and are non-transferable, sellable or assignable to any other persons, including another member of the One Empire Membership.
3.2.4. The points collected are not exchangeable, convertible or redeemable for or into cash or any other forms of money, regardless of the ways through which the points are earned.
3.2.5. The points collected are not deemed as any form of property and 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 the points redemption procedure at any time and from time to time without your prior consent.
3.2.6. You are entitled only to convert the points granted into designated service or products according to this Agreement, the Terms of Services and/or policies governing the One Empire Membership.
3.3. Points Redemption
3.3.1. Points earned and accumulated can be used to redeem rewards including, cash vouchers via the One Empire App. A member may redeem some or all of their points for rewards, subject to complying with the redemption procedures and redemption policies that the Company have at any time and from time to time.
3.3.2. You are required to present your e-card from your One Empire App for redemption. Any screenshot or printed e-card will not be accepted.
3.3.3. All completed redemptions shall not be revoked, cancelled, returned, or refunded.
3.3.4. The Company reserves the right to refuse any points redemption or to remove any rewards redeemed with points if they identify that the points collected were in error or suspect that the points were fraudulently accumulated or in breach of this Agreement, the Terms of Service and/or policies governing the One Empire App or One Empire Membership, regardless of whether notice is provided.
3.4. One Empire Membership Privileges
3.4.1. The One Empire Membership privileges are as follows:
| Tier / Status | ||
| Benefits | Empire Friend | Empire VIP |
| Birthday Gift | No | Yes |
| Pre-Order | Yes | Yes |
| Purchase with purchase | 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 One Empire App or our Company’s website.
3.5. All your operation on the One Empire 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 One Empire Membership through the One Empire 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 One Empire 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 One Empire App and/or Service, including any failure to record points accumulation, redemption of points, or other privileges, as well as any other One Empire 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 One Empire App and/or the One Empire Membership, or offer new service features to it. Upon such changes, by you continuing to use the One Empire App and/or Services, it will be deemed as your acceptance of such changes.
4. Restrictions on the Use of One Empire Service
4.1. You shall use One Empire App, One Empire Membership and/or the Services in accordance with relevant laws and regulations of Malaysia. You will not use the One Empire App, One Empire Membership and/or the Services for any illegal purposes (including the trading of prohibited or restricted items), or use the One Empire App, One Empire 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 One Empire App, One Empire 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 One Empire App;
4.2.5. impersonation, or using other persons One Empire Membership;
4.2.6. distributing computer viruses or engaging in any acts threatening the One Empire App, One Empire 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 One Empire App, One Empire 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 One Empire Membership, the Company reserves the right to suspend or terminate your One Empire Account or One Empire Membership and deny you the Services in full or in part.
4.5. The Company reserves the right to terminate your One Empire Membership and/or the Service without prior notice when deemed necessary. The Company may suspend, deny your access or delete your One Empire Membership and all related information and files, freezing or cancelling the points accrued in your One Empire 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 One Empire App and One Empire 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 One Empire App and the Services provided on the One Empire 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”).
7.2. Please note that you are required to collect or arrange for collection, your Pre-Order via the One Empire 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. Should there be any discrepancy of the goods/products collected/delivered against your Pre-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.
7.4. Please note that we will process your request for refund within 14 working days upon the completion of the verification of the request submitted.
7.5. The return/refund of goods/products can be arranged for inter alia, the following reasons:
7.5.1. if the products/goods collected/delivered is in damaged or defective condition; or
7.5.2. if the product/goods collected/delivered is different from the Pre-Order. 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 One Empire 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 One Empire 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 One Empire 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 One Empire 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 One Empire App and/or Services shall create any warranty on the One Empire 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 One Empire 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 One Empire 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 One Empire App may be posted on our website, sent by email or SMS, or given by any other means we deem appropriate.
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.