Terms of Use

1. Entire Agreement

1.1        Our Privacy Policy and Spicy Club Program Terms and Conditions shall be incorporated into these Terms of Use and be an integral part hereof. You may find our Privacy Policy here, and our Spicy Club Program Terms and Conditions for Users here. These documents shall be construed together where necessary.

2. Disclaimer of Liability

 2.1        It is your responsibility to ensure your browser or mobile device meets all the necessary technical specifications to enable you to access and use the functions set out in this Website. This Website is provided on an “as is” basis, without warranty of any kind whether express or implied. In particular, no warranty regarding accuracy, completeness, non-infringement, security, merchantability, fitness for a purpose, or absence of defects, interruptions, technical inaccuracies, typographical errors and computer viruses is given in connection with such information and materials. To the greatest extent permitted by law, we disclaim all express and/or implied warranties and shall not be liable for any damages or injury caused by the use of, or the inability to use, the Website, including but not limited to any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.

2.2        For the avoidance of doubt, we also disclaim any obligation on our part to verify all the data on this Website, and those in relation to any endorsement or recommendation of any person, organization, name, product or service referred to on the Website.

2.3        Under no circumstances (including but not limited to negligence) would we be liable for any damages, whether direct, indirect, incidental, punitive, special or consequential damages, that result from:

(a)    the reliance on, the access or use of, or the inability to access or use of the information or materials on this Website; and/or

(b)   any technical, factual, textual or typographical errors, inaccuracies or omissions in the contents of, or relating to, the Website.

2.4        Any and all rights in the Website are and shall remain to be our exclusive property. Nothing in these Terms intends to transfer any such rights to, or to vest any such rights in, you. You will not take any action to jeopardize, limit or interfere with our rights. Any costs associated with accessing and using the Website remain your responsibility and are dependent on your internet service provider. You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify us of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to notify us when you desire to cancel your account. We will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.

3. Revisions to the Website

3.1        We reserve the right, at any time and from time to time, whether temporarily or permanently, in whole or in part, to:

(a)    modify or discontinue this Website, its content or software, with or without notice;

(b)   limit the Website’s availability to any person, geographical area(s) or jurisdiction(s) of our own choosing;

(c)   charge fees in connection with the use of the Website; and/or

(d)   modify and/or waive any fees charged in connection with the Website.

3.2        You agree that neither we nor any of our affiliated entities shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website, in whole or in part, or of any content, software, submission, feature or product offered through the Website. We reserve the right to change the information, services and resources available on the Website and to revise these Terms at any time and at our sole discretion. It is your responsibility to check these Terms periodically for changes. Your continued access and/or use of the Website after such changes shall be deemed as your unequivocal acceptance of such changes.

4. Restrictions on Use

4.1        You may not make copies of the Website and/or any of its pages; distribute or republish, upload, post or transmit the Website and/or any of its pages in any way; resell, rent, lease or lend the Website and/or any of its pages; or transfer the Website and/or any of its pages or these Terms to any third party.

5. Registration

5.1        You should provide true, accurate and complete registration information.

5.2        You will be responsible for all activities occurring under your username and/or your email address and/or your profile kept with us. You shall be responsible for updating your registration information (where applicable). We reserve the right to refuse the registration of a potential customer, or to terminate the registration of any customer, for any reason whatsoever.

6. Product Information

6.1        Whilst we will make every effort to ensure that the information relating to our products and the corresponding prices are correct, such product information, pricing and images available at our Website are for general reference only. We reserve the right to vary prices and all product information without prior notice. Availability of our products may also vary at our individual restaurants.

7. Hyperlink Policy

7.1       Links To external websites

This Website may contain hyperlinks to external websites unrelated to us. Such hyperlinks are provided for your reference and convenience only. These external websites are not under our control and we are not responsible for, and have no control over, the content of such external sites. We shall not be deemed to (and we hereby disclaim that we) endorse, recommend, approve, guarantee, or introduce any third parties or the content of such third-party websites, or be deemed to have any form of cooperation with such third parties and websites unless expressly stated otherwise. Your usage of such links is at your own risk and subject to any terms and conditions applicable to such access/use, and we shall not be held responsible in any way for any and all consequences arising from and/or out of such use. In particular and to the maximum extent permitted by law, we do not guarantee the accuracy of, and disclaims liability for any errors or other inaccuracies relating to, the information on the services/ products displayed on these linked websites. You understand that we cannot and do not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this Website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. We reserve the right to block a hyperlink to our Website if the source site contains material which is libelous, defamatory, pornographic, obscene, or is in any way in breach of the laws of the relevant jurisdiction or infringes any intellectual property rights (including but not limited to copyright and moral right).

7.2      Advertisements

Advertisements presented on this Website, if any, are solely the responsibility of the party/parties from whom the advertisements originate. We have not endorsed nor are we responsible for the content of any advertisement or any goods or services offered therein.

8. Intellectual Property Rights

8.1      This Website and any information and materials on this Website, including but not limited to text, images, graphics, icons, brand names, trademarks, service marks and/or logos that are owned or acquired under licence by us, and are protected by Intellectual Property Rights (defined hereinafter). These information and materials shall not in whole or in part, in any form or by any means, be used, modified, reproduced, stored in a retrieval system, transmitted, copied, distributed, or used for creating derivative works without our prior written consent or the owner of the intellectual property.

8.2      For the purpose of this clause, “Intellectual Property Rights” means all intellectual property rights of whatsoever nature, including but not limited to copyright, trademark, patents, designs and database, whether or not registered or registrable by any means, and all rights attached thereto or subsisting therein.

9. Under-aged Persons

9.1      All persons viewing, browsing or using this Website should be of legal age and we hereby disclaim all liability in respect of content potentially inappropriate to any such persons under the relevant legal age. If you are under 18 or considered as under-aged by law or are unable to bear any legal responsibility, you should review these Terms with your parent and/or guardian to make sure that you and your parent and/or guardian understand them, as well as the legal implications of these Terms (where applicable) as well as the resulting consequences before viewing, browsing or using this Website. Should your parent and/or guardian not acknowledge or agree to these Terms, you should immediately discontinue your use.

10. User Information

10.1      You agree that we may collect and use the information you have provided at the “sign up” page, technical data about your device, system and application software and peripherals, that is gathered periodically to facilitate the provision of our service, software updates and support related to the Website. By registering your information with our Website, you agree and consent to our and our subsidiaries and agent’s collecting, storing, and analyzing your behaviors, purchasing history, information provided at “sign up” page and personally identifiable data (including but not limited to, first and last names, phone numbers, addresses and email addresses), which are voluntarily submitted by you when using this Website. Such personal information collected from you will be used for performing analytics so that we can better market our products, services and/or other special offers and/or promotions to you and for other directly related purposes. Our communications may be directed to you via push notifications and/or your e-mail address provided to us by you. You can choose the mode of communications and/or opt out of the same by adjusting your user profile settings and to unsubscribe your receipt of marketing and/or promotional materials by email to our customer services.

10.2      Information shared with us when using the Website will be used in accordance with our Privacy Policy. You may view and/or correct your personal information by updating the personal profile of your account.

11. Liability and Indemnity

11.1      You agree not to use this Website for any purposes or in any matter that is illegal or infringes any rights of third parties.

11.2      By using this Website, you acknowledge and agree to defend, indemnify, and hold us, its officers, employees, affiliates, agents, business partners and licensors harmless from and against any and all claims, damages, injuries, death, costs and expenses arising from or in relation to your breach of any of these Terms and Conditions.

12. Application

12.1      These Terms of Use apply to all of www.tjsamgor.com and affiliated websites but excludes websites that have separate terms of use.

13. Variation of these Terms of Use

13.1      We reserve the right to add to, modify or remove the terms and conditions of these Terms of Use, including any documents or policies incorporated herein, at any time and without prior notice. You are advised to review our latest Terms of Use when accessing this Website and any of its pages, in which case you shall be deemed to agree to these Terms of Use, and accept and agree to be bound by the same.

14. Waiver

14.1     No exercise or failure to exercise or delay in exercising any right, power or remedy vested in us pursuant to these Terms of Use shall constitute a waiver by us of that or any other right, power or remedy.

15. Severability

15.1     In the event any of these Terms shall be held to be invalid, void, illegal or unenforceable, such Terms shall be deemed to be deleted and the remainder of these Terms of Use shall continue in full force and effect.

16. Third Party Rights

16.1    Unless specifically provided in these Terms of Use, no person other than you and ourselves (except our subsidiaries and affiliates) shall have any rights under these Terms of Use nor shall these Terms of Use be enforceable by any person other than you and ourselves (except our subsidiaries and affiliates).

17. Governing Law and Dispute Resolution

17.1     Unless described otherwise, we control and operate our Website in the Hong Kong Special Administrative Region (“Hong Kong”) and makes no representation that these materials are appropriate or available for use in other locations. If you use our Website from other locations, you are responsible for compliance with applicable local laws. These Terms of Use shall be governed by and construed in accordance with the laws of Hong Kong. All disputes arising from or out of or in connection with these Terms of Use, if not amicably resolved, shall be submitted to the courts of Hong Kong for adjudication and you and ourselves shall irrevocably submit to the jurisdiction thereof.

18. Prevailing Language

18.1     If there are any inconsistencies between any translated version(s) of the Terms of Use and this English version of the Terms of Use, the English version shall prevail.