North And South America
Oceania

Terms and Conditions

Overview

This website (the "Sites") is operated by Genki Forest (Singapore) Pte. Ltd., its subsidiaries, affiliates, and parent companies ("Genki", "we" or "us"). Your access to and use of the Sites and all associated sites linked to the Sites is subject to the following terms and conditions, including those additional terms and conditions and policies referenced herein and/or available by hyperlink ("Terms and Conditions"). These Terms and Conditions apply to all users of the Sites, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read through these Terms and Conditions before accessing or using the Sites. If you do not agree to these Terms and Conditions you should immediately cease accessing the Sites or using any services of the Sites.

Descriptions of Service

Our Sites provide information about Genki's products, allow users to purchase Genki's products and provide different ways to interact with Genki through newsletters, social media and other outlets (collectively, the "Service"). Our sites are hosted by Shopify Inc., which provides us with the online e-commerce platform that allows us to market, offer and sell our products and services to you.

Certain products or services may be available exclusively online through the Sites. These products or services may have limited quantities and are eligible for return or exchange only according to our Return Policy.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time.

Your Representations

By using the Sites, you agree to be bound by these Terms and Conditions and represent that you are of legal age to enter into a binding contract and that you are not a person barred from visiting the Sites and accessing the Content under the laws of the Commonwealth of Singapore or other country.

Promotional SMS Messaging and Emails

By signing up via website pop-up, order confirmation page, or through an email link or texting us at a designated sign-up number, you have consented to receive marketing messages from us both through SMS messages and emails. Messaging will be initiated by our third-party messaging provider. Standard message and data rates may apply. Emails will be sent directly from us. We may send several marketing messages or emails per month in addition to any transactional messages/emails or responses to inbound questions or requests. Examples of the types of messages/emails we may send include marketing messages, order and shipping confirmations, and other order updates. You may opt-out at any time by texting STOP in response to any of our messages or emails. You may request help at any time by emailing our Customer Service team at shopservice.au@genkiholdings.com.

General Conditions

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

Accuracy of Information

We are not responsible if information made available on the Sites or in the Service is not accurate, complete or current. The information made availableon the Sites or in the Service is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the information on the Sites or in the Service is at your own risk.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Third-Party Contents and Links

Certain content, products and services available via our Service may include materials from third-parties or may be operated on behalf of Genki by third parties and may be subject to the terms of conditions and/or privacy policies of those parties.

Third-party links on the Sites may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. Please review any terms and conditions that may apply when you visit any third party links or areas that are operated by third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Refusal of Order

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Return Policy.

User Comments and User Conduct

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Conditions.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
In addition to other prohibitions as set forth in these Terms and Conditions, you are prohibited from using the site or its content:
• for any unlawful purpose;
• to solicit others to perform or participate in any unlawful acts;
• to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• to submit false or misleading information;
• to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
• to collect or track the personal information of others;
• to spam, phish, pharm, pretext, spider, crawl, or scrape;
• for any obscene or immoral purpose;
• or to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Personal Information

Your submission of personal information through the Sites is governed by our Privacy Policy. To view our Privacy Policy, please click https://au.drinkgenki.com/pages/privacy-policy.

Disclaimer of Warranties and Limitation of Liability

We do not guarantee, represent or warrant that your use of the Service or the Sites will meet your requirements, will be available on an uninterrupted, timely, secure or error-free basis. We do not warrant that the results that may be obtained from the use of the Service will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. You agree that from time to time we may suspend the Service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, accuracy, and non-infringement. We no warranty that the Service or the Sites will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.

In no case shall Genki, its affiliates and their respective directors, officers, employees, partners, agents, contractors, subcontractors, interns, suppliers, service providers and licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products purchased using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold Genki its affiliates and their respective directors, officers, employees, partners, agents, contractors, licensors, service providers, subcontractors, suppliers and interns harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Conditions or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Conditions is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.

These Terms and Conditions are effective unless and until terminated by either you or us. You may terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our Service, or when you cease using our Sites.

We may suspend or terminate your rights to use the Sites at any time for any reason at our sole discretion, including for any use of the Sites in violation of these Terms and Conditions. We also may terminate these Terms and Conditions at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Service (or any part thereof) and the Sites.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Conditions shall not constitute a waiver of such right or provision.

These Terms and Conditions and any policies or operating rules posted by us on the Sites or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms of Conditions).

Intellectual Property

The content, information, software, designs, materials, functions and data included in and contained on the Sites is protected by intellectual property and other laws. You must comply with these and any other applicable laws when you access the Sites. All Content including but not limited to designs, structure, text, logos, product packaging, trade dress, product configuration, brand names, product names, graphics, arrangement of content, user and visual interfaces, artwork, sounds, music, programming, and all other copyrightable work or trademarks on the Sites are protected by copyright and/or trademark law and are the property of Genki or its licensors. Except as allowed under applicable law, no Content, in whole or in part, may be used, copied, sold, reproduced, duplicated, modified, or otherwise exploited without prior express written permission from Genki.

Governing Law and Dispute Resolution

These Terms and Conditions and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Singapore , without regard to its conflict of laws rules.

Any dispute, controversy or claim arising out of, relating to or in connection with these Terms and Conditions, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Singapore. The language of the arbitration shall be English.

Modifications and Interruption to the Sites

You can have access to the most updated version of these Terms and Conditions at any time on this page. We reserve the right to modify or discontinue all or any portion of our Sites with or without notice to you. Your continued use of or access to the Sites following the posting of any changes constitutes acceptance of those changes.

You understand that usage of our Sites may be interfered with or adversely affected by numerous factors or circumstances outside of our control. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Contact Us

If you have any questions about these Terms and Conditions, please feel free to let us know at shopservice.au@genkiholdings.com.

Still have questions? Please contact us via: