Personal Information Collection Statement

Website Terms of Use

Welcome to use this website (www.yoshinoya.com.hk) (“this Website”), which is operated by Yoshinoya Fast Food (Hong Kong) Limited (“Yoshinoya HK”). Please read these Terms of Use of this Website (“Terms of Use“) carefully. Your use of this Website mean(s) that you have accepted these Terms of Use, which shall form a binding contract between you and Yoshinoya HK. If you are unwilling to be bound by these Terms of Use, please do not use this Website.

Yoshinoya HK reserves the right to change, modify, suspend and/or withdraw this Website at any time and reserve all rights to unilaterally change these Terms of Use by publishing the changes through this Website. You should regularly visit or access this Website to find out whether these Terms of Use that are binding on you have been revised, as your continued use or access to this Website indicates your acceptance of any change to these Terms of Use. “You”, “your”, and “users” refer to any person and/or entity (other than Yoshinoya HK and its authorized representatives, employees, contractors or agents) that uses or accesses this Website for any reason.

  1. Description of services

This Website provides information on Yoshinoya outlets in Hong Kong and (where you login into your member account (if any) under the YOSHI CLUB (“Program”)) your spending records and accumulated rewards under the Program. The Program is a customer loyalty programme owned and operated by True North Limited (“Hung’s”) in relation to Yoshinoya outlets in Hong Kong.

  1. Acceptable Use

This Website is for your individual use only and should not be used by you for commercial purposes.

You shall use this Website only for lawful purposes and undertake not to use this Website to, in any way, infringe the intellectual property rights of any other person or acquire or use the personal data of other users, or damage any part of this Website.

You shall not interfere with the operation of this Website in any way, including but not limited to transmitting viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website.

You will not, and will not allow third parties on your behalf to:

  • make and/or distribute copies of the contents of this Website;
  • in any way, disseminate, announce, spread, revise, display or sell any of the contents of or the products described in this Website;
  • attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the contents of this Website; or
  • create derivative works of the contents of this Website of any kind whatsoever.

 

  1. YOSHI CLUB Member’s Area

On this Website, you can login to your membership account under the Program to access the YOSHI CLUB Member’s Area, an electronic platform offered by Hung’s and accessible through this Website. The YOSHI CLUB Member’s Area is only available to members of the Program and is only for your personal use. The contents of the YOSHI CLUB Member’s Area relate to your spending record and accumulated rewards under the Program, and are provided by Hung’s without any verification on the part of Yoshinoya HK. Yoshinoya HK expressly disclaims any liability or responsibility for any contents in the YOSHI CLUB Member’s Area or other communications by or with Hung’s on or through this Website.

You may not transfer your access rights to the YOSHI CLUB Member’s Area. You may be asked to provide personal identification for verification. Yoshinoya HK reserves the right to suspend any links to the YOSHI CLUB Member’s Area (or any part thereof) for repairs, maintenance, upgrades or any other work Yoshinoya HK deems appropriate without prior notice.

  1. Promotional activities

Yoshinoya HK will periodically carry out promotional activities through this Website. If the promotional activity involves winning or accumulating points rewards or other offers, Yoshinoya HK will be the final arbitrator of the total number of points rewards awarded according to its records and you shall not dispute such decision. Any use of your personal data for such promotional activities will be in compliance with Yoshinoya HK’s Privacy Policy Statement (available at Yoshinoya.com.hk) and the applicable laws.

  1. Personal data and other information you provide

For details of how Yoshinoya HK collects, holds, processes and uses your personal data, please refer to its Privacy Policy Statement.

  1. Underage persons

If you are under the age of 18, you should not use this Website unless you have obtained your parent’s or legal guardian’s consent to such use and to these Terms of Use. You represent to Yoshinoya HK that you are at least 18 years old or, if you are under the age of 18, you have sought your parent’s or legal guardian’s consent as required hereunder.

  1. Intellectual property

The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials of this Website (“Materials“) are the intellectual property of Yoshinoya HK or its licensor(s). All intellectual property rights in relation to the Materials are hereby expressly reserved. Without Yoshinoya HK’s prior written permission, you shall not modify copy, reproduce, re-issue, upload, publish, make available to the public or transmit the Materials, or otherwise use the Materials save for your own personal, non-commercial use.

  1. Limitation of liability

To the fullest extent permitted by law, Yoshinoya HK provides this Website and the contents and services therein on an “as-is” basis and makes no representation or warranty of any kind, whether express or implied, regarding this Website or its contents and services. In particular, Yoshinoya HK makes no representation, warranty or undertaking whatsoever that this Website is or will be totally free of errors, that this Website and its server will always be free of computer viruses or other harmful programs, that any defect, error or problem will be corrected or that this Website is timely, safe and will not be discontinued.

To the fullest extent permitted by law, Yoshinoya HK shall not be liable for any loss, damage, cost, expense, liability or claim arising from or in connection with:

  • your use or inability to use this Website or any part thereof;
  • any repair or replacement of devices, equipment or data resulting from your use of this Website;
  • any implementation failure, technical issue, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication or software problem (including but not only loss of data or compatibility problems) in this Website;
  • any damage or changes to this Website;
  • any third party websites linked to this Website and any materials posted on such websites; or
  • your use of the Program and any act or omission on behalf of Hung’s to record your spending or credit any rewards under the Program to your account.

 

  1. Indemnity

You agree to indemnify Yoshinoya HK, Hung’s and their respective affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees and hold them harmless against all losses, damages, liabilities, costs (including legal costs), expenses and claims arising out of or in connection with:

  • your breach of these Terms of Use;
  • your failure to comply with any applicable laws and regulations in your use of this Website; and/or
  • your unauthorized use of any material from this Website.

 

  1. Network

You acknowledge that the terms of agreement with your respective network provider (“Network Provider”) will continue to apply when using this Website. As a result, you may be charged by the Network Provider for access to network connection services for the duration of the connection while accessing this Website, and any other third party charges may also arise. You accept responsibility for any such charges that arise.

  1. Suspension and termination

If you are in breach any of these Terms of Use or your use of this Website is contrary to applicable laws or (in Yoshinoya HK’s opinion) adversely affects the interests of Yoshinoya HK, Hung’s their respective affiliates or other users, Yoshinoya HK reserves the absolute right to terminate or suspend your access to this Website.

  1. Assignment

Yoshinoya HK may assign its rights and obligations under these Terms of Use. You may not assign your rights and obligations under these Terms of Use.

  1. Third party rights

No third party (save and except Hung’s) will have any right under the Contracts (Rights of Third Parties) Ordinance to enforce or enjoy the benefit of any of the provisions of these Terms of Use. Notwithstanding any term herein, the consent of any third party is not required to rescind or vary these Terms of Use.

  1. Severability

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions when cited, in any situation, is in any respect, for any reason, judged to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the provision or condition in any other respect, and the effectiveness, legality or enforceability of the remaining provisions of these provisions and conditions, will not be affected in any respect.

  1. Force Majeure

If the performance of these Terms of Use or any obligations hereunder is prevented by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, and any failure or delay resulting therefrom shall not be considered a breach of these Terms of Use.

  1. Governing law

These Terms of Use shall be governed by and interpreted according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Yoshinoya HK and you in connection with these Terms of Use.

  1. Language

These Terms of Use are written in English and may be translated into other languages. In the event of any inconsistency between the English version and the translated version of these Terms of Use, the English version shall prevail.

EFFECTIVE DATE: 1 July 2018

If you have any questions regarding these Terms of Use, please contact us at:

Address : Flat B, 2nd Floor, Hop Hing Industrial Building, 704 Castle Peak Road, Kowloon Hong Kong

Tel : (852) 2371 6371