TERMS OF USE

Tokyo Sushi Kitchen order ahead app

This Agreement including any links (“Tokyo Sushi Kitchen – Terms of Use”) is a contract between you (“Merchant”, “you”, “your” or “User”) and Tokyo Sushi Kitchen Pty Ltd (ABN 12 623 970 392) (“TSK”). You acknowledge that your use of the Tokyo Sushi Kitchen application or website will constitute acceptance of these Tokyo Sushi Kitchen – Terms of Use.

Tokyo Sushi Kitchen is a Japanese restaurant chain that provide delectable Japanese eats. Any interaction with you via the Site or Application is referred to as a “Service”. In these Terms of Use, the Application or Site as appropriate are referred to as “TSK”.

  • Definitions and Interpretations
    Unless otherwise provided, in these terms and conditions:
    • ‘Intellectual Property Rights’ or ‘IPR’ means all intellectual property rights, including but not limited to, the following rights:
      • patents, copyright, rights in circuit layouts, designs, moral rights, trade and service marks (including goodwill in those marks), domain names and trade names and any right to have confidential information kept confidential;
      • any application or right to apply for registration of any of the rights referred to in paragraph 5; and
      • all rights of a similar nature to any of the rights in paragraphs 5 which may subsist anywhere in the world (including Australia), whether or not such rights are registered or capable of being registered.
    • ‘Personal Information’ has the meaning given by the Privacy Act 1988 (Cth).
    • ‘Personnel’ means the officers, employees, contractors (including subcontractors and their employees) and agents of TSK.
    • ‘Third Party Service’ means any third party software, application or website which TSK directly or indirectly interacts with.
    • ‘User’ means any person who accesses TSK.
    • ‘Merchant’ means any entity that advertises, promotes and offers its goods and services via TSK.
  • Tokyo Sushi Kitchen
    • Tokyo Sushi Kitchen owns and operate the TSK Application and Site.
    • By clicking “I Agree” and/or by accessing and/or using TSK (whichever is first), the User will be bound by these terms and conditions as they appear as part of TSK from time to time.
    • TSK reserves the right to unilaterally amend the TSK Application (including any of its functionality) and these terms and conditions at any time (including as a result of amendments made by a relevant Third Party Service to its functionality or terms and conditions of use). Any amendments made to these terms and conditions will be effective immediately.
  • Registration
    • The User acknowledges and agrees that:
      • it can use some aspects of the TSK Application without registration with TSK; but
      • to use all functionality of the TSK Application it must register and provide all information required by TSK during the registration process (User Information) to TSK via the TSK Application or a nominated website.
    • By registering and providing the User Information, the User warrants that:
      • it will provide up-to-date, current and accurate information and will continually update all User Information as required;
      • it will keep the registration details, including username(s) and password(s), secure and confidential; and
      • the User Information is not misleading, false, fraudulent or defamatory and does not infringe the Intellectual Property Rights of any third party.
  • Fraud and Risk
    • TSK reserves the right to restrict use of the TSK application if TSK suspects fraud, a breach of these TSK – Terms of Use or if we otherwise believe there is an increased risked to us, you or any TSK user.
    • You authorise us to make, directly or through third parties, any enquiries we consider necessary to prove your identity. This may include verifying information you provide against third party databases.
  • Intellectual Property Rights
    • Except as permitted under the Privacy Act 1988 (Cth), or any other applicable law in the location from which the User has access to the TSK Application, the User may not reproduce, distribute, adapt or publish copies of any information or material found on the TSK Application (or the TSK Application itself) in any form (including by e-mail or other electronic means), without TSK’s prior written consent.
    • All trade marks, copyright and other Intellectual Property Rights in the TSK Application and the information material contained on the TSK Application is owned by or licensed to TSK.
  • Privacy
    • TSK will store and handle all Personal Information provided by the User in accordance with the requirements of the Privacy Act 1988 (Cth).
    • TSK (including its authorised third party contractors) may use any data and information (including Personal Information) that has been submitted by the User for the purpose of registering with or otherwise using the TSK Application to provide the User with the TSK Application, and for other purposes including to:
      • customise any promotional or advertising material made available via the TSK Application;
      • contact the User with information regarding the TSK Application; and
      • monitor the User’s use of the TSK Application.
    • The TSK Application may log (and TSK may have access to) information about any mobile device or computer used to access the TSK Application (including the User’s IP address, operating system and browser type) and the date and time of access.
    • TSK cannot guarantee the security of any data transmitted via the TSK Application. Any information submitted by the User using the TSK Application is done so at the User’s own risk.
    • You are fully responsible for the security of data in your possession or control as a result of using the TSK application (“Data”). You agree to comply with all applicable law and rules in connection with your collection, security and dissemination of any of this Data.
    • If TSK believes that a security breach or compromise of Data has occurred, TSK may require you to have a third party auditor that is approved by TSK conduct a security audit of your systems and facilities and issue a report to be provided to TSK. In the event that you fail to initiate an audit within 10 business days of TSK’s request, TSK may conduct or obtain such an audit at your expense.
  • Disclaimer
    • TSK is not the supplier of any of the goods and services advertised through the TSK Application. TSK does not moderate interaction between Merchants and Users.
    • The Merchant(s) is entirely responsible for all goods and services advertised via the TSK Application. All disputes relating to any advertised goods and services must be directed to the Merchant.
    • Representations about goods and services are based on information and material provided to TSK by the relevant Merchant. For the avoidance of doubt, the User acknowledges that TSK takes no responsibility whatsoever nor makes any representations, either express or implied, as to quality, accuracy, reliability or credibility of information or material supplied or made available by third parties, including Merchants, on the TSK Application.
  • Termination of access
    • TSK may terminate the User’s access to the TSK Application at any time and for any reason including, but not limited to, a breach of these terms and conditions.
    • By accessing this site, the User acknowledges and agrees that any disputes in relation to the TSK Application are to be determined by the courts of South Australia, in accordance with the laws of Victoria, Australia.
    • TSK accepts no liability for any failure or delay in complying with these terms and conditions where such failure or delay is due to circumstances beyond TSK’s reasonable control.
    • If TSK waives any rights available to it under these terms and conditions on one occasion, this does not mean that those rights will be automatically waived on any other occasion. Waivers must be in written form and signed by TSK or its authorised representative.
    • If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions will continue in force.