Terms and Conditions

Last updated: June 11, 2019

IMPORTANT: These Terms and Conditions (“Terms”) govern your use of this website, including all pages within this website (collectively referred to herein below as the “MK Website”) owned and operated by MK Restaurant Group Public Company Limited. In these Terms, “MK Restaurant Group,” “our,” “we,” or “us” refers to MK Restaurant Group Public Company Limited, and “you,” or “your” refers to you as the user of the MK Website.

Please read and understand these Terms carefully before using the MK Website.

Agreement to Terms

By accessing or using the MK Website, you agree to be bound by these Terms. If you do not agree to these Terms, then you are expressly prohibited from using the MK Website and must discontinue use immediately.

We may make changes or modifications to these Terms at any time and in our sole discretion. The modified Terms will be effective immediately upon posting. You are responsible for periodically reviewing these Terms to stay informed of any changes. Your continued use of the MK Website following the posting of these changes or modifications will constitute your acceptance of such changes or modifications.

Terms of Services

  • Our normal business hours of delivery service are from 10:00 A.M. to 09:00 P.M. daily.
  • Our delivery service is not available in all areas.
  • Minimum order amount is THB 150, not including THB 40 of delivery fee.
  • All prices are VAT inclusive.
  • We accept these types of payment: Cash on delivery or Credit card (VISA only)
  • Prices, products and promotions in the MK Website are available for delivery service only.
  • Prices, products, promotions, service areas, service hours and other relevant service conditions are subject to change without prior notice.
  • Publishing information about a product and promotion on the MK Website does not ensure its availability. Products are advertised subject to stock availability. Some products and promotions may available within limited period or only until stock last.
  • Images of the products, containers and decorations in the MK Website are for advertising purpose only.
  • Gratuity is not compulsory but permitted. Our delivery personnel get paid based on their working hours and delivery trip allowance. However, if you find their services pleasant, your tip will be a courtesy to them.

Membership Point Collection and Discount Conditions

  • A membership card is eligible for point collection when it is registered at www.ThisismyMK.com.
  • Points earning is eligible for online order through the MK Website, not by call order.
  • Point calculation is based on order amount after all discounts, not including delivery fee.
  • Earning a point for every 25 THB
  • Points will be earned by 06:00 P.M. on the next day. You may verify your earning points at www.ThisismyMK.com.
  • Membership discount is not applicable to online order.

Eligibility

The MK Website may only be used by individuals aged thirteen (13) years or older. If the user is thirteen (13) years or older but under the age of eighteen (18) years, user should review these Terms with user’s parent or guardian to make sure the user and user’s parent or guardian understand and agree to these Terms.

Intellectual Property Rights

Unless otherwise indicated, the MK Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the MK Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of Thailand, foreign jurisdictions, and international conventions. The Content and the Marks are provided on the MK Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms, no part of the MK Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the MK Website, you are granted a limited license to access and use the MK Website and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the MK Website, Content and the Marks.

User Representations

By using the MK Website, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you have the legal capacity and you agree to comply with these Terms; (3) you will not access the MK Website through automated or non-human means, whether through a robot, script or otherwise; (4) you will not use the MK Website for any illegal or unauthorized purpose; and (5) your use of the MK Website will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any current or future use of the MK Website.

User Registration

You may be required to register with the MK Website. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

Acceptable Use

You may not access or use the MK Website for any purpose other than that for which we make the MK Website available. The MK Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. You agree that your use of the MK Website must comply with these Terms. In no event may the MK Website be used in a manner that (a) harasses, abuses, stalks, threatens, defames or otherwise infringe or violate the rights of any other party (including but not limited to rights of publicity or other proprietary rights); (b) is unlawful, fraudulent or deceptive; (c) uses technology or other means to access the MK Website that is not authorized by us; (d) use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” to access the MK Website; (e) attempts to introduce viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunication equipment; (f) attempts to gain unauthorized access to our computer network or user accounts; (g) encourages conduct that would constitute a criminal offense, or that gives rise to civil liability; (h) violates these Terms; (i) attempts to damage, disable, overburden, or impair our servers or networks; or (j) fails to comply with applicable third party terms.

Third Party Websites

The MK Website may contain links to other websites operated by third parties (“Third Party Websites”). These Third Party Websites are not under the control or influence of MK Restaurant Group, and you agree and acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such Third Party Websites. The inclusion of such a link does not imply approval or endorsement of any Third Party Websites by us.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy (CLICK HERE). By using the MK Website, you agree to be bound by our Privacy Policy, which is incorporated into, and made part of these Terms.

Disclaimer of Warranties

THE MK WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE MK WEBSITE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRSS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MK WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MK WEBSITE OR THE SERVERS THAT MAKES IT AVAILABLE ARE FREE OF VIRUS OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE MK WEBSITE OR ANY WEBSITE LINKED TO THE MK WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURRACY, RELIABLITY, OR OTHERWISE. WE MAKE NO WARRANTIES THAT YOUR USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE MK WEBSITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND WE ASSUME NO LIABLITY OR RESPONSIBILITY FOR ERRORS OR OMIISION IN SUCH MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE MK WEBSITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Limitation of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, LOSS OF REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER COMMERCIAL DAMAGES OR LOSS ARISING FROM YOUR USE OF THE MK WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

Termination

We reserve the right to terminate your account and access to the MK Website for any reason, including without limitation, if, in our sole discretion, consider your use to be unacceptable, or in the event of any breach by you of these Terms. We may, but shall be under no obligation to, provide you a warning prior to termination of your use of the MK Website.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the MK Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on the MK Website. We also reserve the right to modify or discontinue all or part of the MK Website without notice at any time. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the MK Website.

We cannot guarantee the MK Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the MK Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the MK Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the MK Website during any downtime or discontinuance of the MK Website. Nothing in these Terms will be construed to obligate us to maintain and support the MK Website or to supply any corrections, updates, or releases in connection herewith.

Indemnification

You agree to indemnify, defend, and hold us harmless, including our subsidiaries, affiliates, and all of our respective directors, officers, employees, and agents from and against any and all claims, demands, liabilities, costs, or expenses, including reasonable attorney’s fees, resulting from your breach of these Terms, including any of the foregoing provisions, representations or warranties, and/or your placement or transmission of any content onto our servers, and/or from any and all use of your account. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Governing Laws

These Terms shall be governed by and construed in accordance with the laws of Thailand, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of Thailand shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Entire Agreement

This is the entire agreement between you and MK Restaurant Group relating to the matters contained here and the MK Website.

How to Contact Us

If you have any questions about the MK Website and these Terms, please contact us at:
MK Restaurant Group Public Company Limited
1200 Debaratna Road, Bangna-Tai, Bangna, Bangkok 10260
Telephone: 0-2836-1088
Email: [email protected]