Terms and conditions

IMPORTANT LEGAL NOTICE

This page states the terms and conditions (“Website Terms”) on which we, Company: Epicurean Ltd (“Genki Asian Café”), Address: A1 Hal Warda Complex, Hal Warda Road ATD1400 having a company number C79464 provided by the local Maltese company registrar MFSA provide our services through our website http://www.genki.com.mt or our applications. Please read through these Website Terms carefully before using our website, as your purchase of any products offered on the Website is subject to these terms. You should be aware that by ordering products via the website (whether now or in the future), you agree to bound by these Website Terms. Use of the Website is also subject to these website Terms.

We may change these terms from time to time by changing them on this page. These terms and conditions were last updated on 16th February 2020. These Website Terms are only available in English.

For the avoidance of doubt, please note that references to “Website” in these Website Terms include any current or future version of our Website http://genki.com.mt

In using the website, you agree that you are 18 years or older, or possess legal parental or guardian consent, and are fully able and competent to give the undertakings set out in these Terms of Use, and abide by and comply with these Terms of Use.

Please understand that if you refuse to accept these Website Terms, you will not be able to order any products from our Website.

1.USING OUR ONLINE ORDERING SERVICES.

if you use the online ordering features of the website, then:

• 1.1 You must only use the website if you are over 18 years of age, or otherwise under the supervision of an adult or guardian;
• 1.2 You agree to accept full responsibility for all your activities on our website and online ordering;
• 1.3 You are solely responsible for maintaining the confidentially of your personal details, password and payment details.

Genki Asian Café reserves the right to refuse service at any time, terminate your access to the website, or online ordering, remove or edit any content or cancel your orders in its sole discretion and without notice to you.

2. USING OUR WEBSITE

Genki Asian Cafe grants you permission to access its website and/or Application in accordance with these Terms of Use provided that you:

• 2.1. Use the website and/or Application for your personal use only;
• 2.2. Do not copy, distribute or publish any part of the website and/or Application other than as may be necessary to use the website and/or Application for its intended purpose;
• 2.3. Do not use any automated program or system in connection with the Genki Asian Café website And or Genki Asian Café Application, or its online ordering functionality;
• 2.4. Do not collect any personally identifiable information from the website and/or Application, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason or distribute any vouchers or codes in connection with the website, or scrape or hack the Website and/or Application;
• 2.5. You comply with the other provisions set out in these Terms of Use.
• 2.6 Genki Asian Café does not ensure that your use of the online ordering service, website or Application will be uninterrupted and we not ensure that any information (or communication) transmitted via the online ordering service, website or Application will be transmitted reliably, accurately, in a timely manner or at all. The website and Application, as well as the online ordering services, provided by Genki Asian Café are provided on an “as is” basis and may be subject to delay or downtime.
• 2.7 Genki Asian Café do not guarantee that the online ordering service, website or Application is free from viruses or anything else which may have a harmful effect on any technology.
• 2.8 Additionally, whilst Genki Asian Café will try to allow uninterrupted access to the online ordering service, website or Application, access to the online ordering service, website or Application may be suspended, restricted of terminated at any time.
• 2.9 All prices are in Euro (€). Except where indicated, prices include VAT (Value Added Tax)
• 2.10 Genki Asian Café reserves the right to change, substitute notice any information or service on the website or forming part of the online ordering service from time to time.
• 2.11 While Genki Asian Café tries to ensure this Website and/or Application is generally available twenty-four (24) hours a day, 7 days a week, Genki Asian Café assumes no responsibility for functionality which is dependent on your browser or other third party software to operate (including, and not limited to, RSS Feeds). Genki Asian Café may also withdraw any information from the online ordering service, website or Application at any time.
• 2.12 Genki Asian Café reserves the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of any of this Terms of Use.
• 2.13 Unfortunately, the transmission of information via the internet is not completely secure. Although Genki Asian Café will take steps to protect your information, we cannot guarantee the security of your data transmitted to the website or Application; any transmission is at your own risk.
• 2.14 When you are visiting our website on a reoccurring basis, Genki Asian Café may eventually store so called “Cookies” on your computer to offer you a better functionality. These cookies contain pieces of information that may remember you as our customer including information from your previous orders. The use of cookies is industry standard and they are common at almost every internet shop or website.
• 2.15 Change to these terms
• 2.16 Genki Asian Café, at its discretion and subject to law, amend or otherwise modify the Terms of Use from Time To Time. Genki Asian Café recommends that you carefully read, each time you visit the website, The Terms of Use as they may affect your rights.
• 2.17 Representations and Warranties
• A. You hereby represent, warrant and covenant o us, that you shall:
• 2.18 Provide true, accurate, current and complete information.
• 2.19 Maintain and promptly update all information to keep it true, accurate, current and complete
• 2.20 You hereby represent and confirm to us that information submitted by you for display on the Website (including any material submitted as feedback or a review of our Restaurant) shall not:
• 2.21 Contain fraudulent information or make fraudulent offers of items.
• 2.22 Violate any applicationlicable law or regulation.
• 2.23 Infringe or misapplicationropriate any copyrights, trademarks, service marks or other intellectual property or other right of any third party.
• 2.24 Contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone’s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation.
• 2.25 Contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software of hardware system, data or personal information.

3. VISITOR/S CONDUCT & MATERIAL

Other than personally identifiable information. Which is covered under the Epicurean Ltd Privacy Policy, any material you transmit or post to this Website will be considered non-confidential and non-proprietary Epicurean Ltd will have no obligations with respect to such material. Epicurean Ltd and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes.

• 3.1.You are prohibited from posting, uploading or transmitting to or from this Website any material that:
• 3.2 breaches any applicationlicable local, national or international law;
• 3.3 is unlawful or fraudulent;
• 3.4 amounts to unauthorised advertising; or
• 3.5 contains viruses or any other harmful programs.
• 3.6 You may not misuse the Website or Application(including by hacking).
• 3.7 Any comments or feedback that you submit through the Website must not:
• 3.8 contain any defamatory, obscene or offensive material;
• 3.9 promote violence or discrimination;
• 3.11 infringe the intellectual property rights of another person;
• 3.12 breach any legal duty owed to a third party (such as a duty of confidence);
• 3.13 promote illegal activity or invade another’s privacy;
• 3.14 give the impression that they originate from us; or
• 3.15 be used to impersonate another person or to misrepresent your affiliation with another person.
• 3.16 The prohibited acts listed in paragraphs 3.13 to 3.15 above are non-exhaustive. You will pay Genki Asian Café for all costs and damages which it incurs as a result of you breaching any of these restrictions.
• 3.17 Genki Asian Café will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 3.13 to 3.15

4. DISCLAIMER

• 4.1 While Genki Asian Café tries to ensure that information on this Website and Application is correct, we do not guarantee it is accurate or complete. Genki Asian Café may make changes to the material on this Website, or to the services and prices described in it, at any time without notice. The material on this Website and/or Application may be out of date, and Genki Asian Café takes no authority for the update of that material.
• 4.2 You are solely responsible for the security of your password that you used to register with this Website. Unless Genki Asian Café negligently discloses your password to a third party, Genki Asian Café will not be liable for any unauthorised transaction entered into using your name and password.

5. FORCE MAJEURE

Genki Asian Café will not be held liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happlicationening, omission or accident beyond our reasonable control and includes in particular (without limitation to) the following:

• (a) strikes, lock-outs or other industrial action;
• (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
• (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
• (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
• (e) impossibility of the use of public or private telecommunications networks; and
• (f) the acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

6. Delivery

•       6.1 We will ensure to do our best efforts to deliver in a timely manner. We disclaim any responsibility for late delivery of the order. If the food deliveries are not delivered within the estimated delivery time quoted by us, you may contact us by telephone and we will try to ensure that you receive your order as quickly as possible.
• ·       6.2 You must ensure that at the time of delivery of the food deliveries adequate arrangements, including access where necessary, are in place for the safe delivery of the supplies. We cannot be held liable for any damage, cost or expense incurred by you where this arises as a result of a failure to provide adequate access or arrangements for delivery.
• ·       6.3. If you fail to accept delivery of the food deliveries at the time of delivery without a justifiable reason, or we are unable to deliver due to your failure to provide appropriate instructions or authorizations, then the food deliveries shall be deemed to have been delivered to you. The bill for the order placed shall not be refunded.

7. Cancellation

• ·       7.1. You shall immediately - maximum within 15 minutes from the order, notify us if you decide to cancel your order, preferably by phone, and quote your order number. If the cancellation is made within the indicated timeframes, we will refund or re-credit your debit or credit card with the full amount within 3 days, including any delivery charges, if any. If you paid for your order online, you should contact us only with respect to a refund of your payment.
• ·       7.2. If we cancel an order due to the unavailability of a food supply, any payments made by you shall be refunded.
• ·       7.3. In the unlikely event that a wrong item is delivered, you have the right to reject the delivery of the item and you shall be fully refunded for the missing item.

8. Contact Information

How to get in touch with us:

• Mailing Address:
  Epicurean Ltd, A1 Hal Warda Complex, Hal Warda Road, Attard ATD1400 Malta
• By e-mail:
  info@genki.com.mt
• By fixed telephone line:
  +356 21336572           
• Company Registration Number:
  C79464
• Vat Number:
  MT2405-0910