Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") govern your use of mikiyaofficial.com and the services offered by Mikiya Wagyu Shabu House ("Mikiya", "we", "us", "our"). By using our website, enrolling in our membership program, or dining with us, you agree to these Terms.

Our Privacy Policy and, if you are a member, our Rewards Program Terms are incorporated into these Terms.

2. Eligibility

You must be at least 18 years old to create a membership account. By creating an account you represent that you meet this requirement and that the information you provide is accurate and complete.

3. Your account

• You are responsible for maintaining the confidentiality of your account and for all activity that occurs under it.
• If you sign in using Google, you are also bound by Google's terms. We receive only your name, email address, profile picture and Google account identifier — never your password.
• Notify us promptly if you believe your account has been used without your authorisation.
• We may suspend or close an account that violates these Terms or the Rewards Program Terms.

4. Acceptable use

You agree not to:

• Use the site or our services for any unlawful purpose, or in violation of these Terms.
• Create multiple or fraudulent accounts, or misrepresent your identity.
• Attempt to gain unauthorised access to our systems, or interfere with the operation of the site.
• Use automated means to scrape, copy or harvest content or member data from the site.
• Resell, exploit commercially, or transfer for value any membership benefit, points balance or promotional offer.

5. Menus, pricing and availability

• Menu items, ingredients, pricing and promotions vary by location and may change at any time without notice.
• Photographs on our website and menus are for reference only; actual presentation may differ.
• All items are subject to availability and supply. We may substitute or withdraw items.
• If a price is displayed in error, we reserve the right to correct it and to decline orders placed at the incorrect price.

6. Errors, inaccuracies and omissions

Occasionally there may be information on our website that contains typographical errors, inaccuracies or omissions relating to menu descriptions, pricing, promotions, hours, or availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, at any time without prior notice.

We undertake no obligation to update, amend or clarify information on the site except as required by law. The absence of a specific update or refresh date on any page should not be taken to indicate that all information has been modified or updated.

7. Dining policies

The following apply to our all-you-can-eat service:

• Time limit. Dining is limited to 90 minutes per seating.
• Peak-hour surcharge. During peak hours, a 20% surcharge may be added for each additional 30 minutes beyond the time limit.
• Same set requirement. All guests at the same table must order the same price set.
• Food waste charge. A charge of $6 per plate applies to significant quantities of uneaten food left at the table.
• Children. Guests 110cm and under dine free; 110cm–140cm at half price; above 140cm at full price.
• Items are for consumption in the restaurant and may not be taken away unless we state otherwise.

8. Food allergies and health notice

Our kitchens handle wheat, soy, eggs, shellfish, fish, sesame, dairy, peanuts and tree nuts. We cannot guarantee that any dish is free from any allergen, as cross-contact may occur during preparation and shared cooking.

If you have a food allergy or dietary restriction, please inform your server before ordering. You are responsible for making us aware of any allergy and for deciding whether an item is suitable for you.

9. Reservations and third-party services

Reservations may be made through third-party platforms such as Yelp or Google. Those services are operated by their providers under their own terms and privacy policies, and we are not responsible for them.

Reservations may be subject to holding times, minimum party sizes and cancellation policies. We may release a table if your party arrives significantly late.

Our website may link to third-party sites, including social media. We do not control and are not responsible for their content or practices.

10. Intellectual property

All content on this site — including the Mikiya and 味喜屋 names and logos, menus, photography, text, graphics and design — is owned by Mikiya or its licensors and is protected by intellectual property laws.

You may view and print pages for personal, non-commercial use. You may not reproduce, distribute, modify or create derivative works from our content without our prior written permission.

11. Disclaimers

Our website and its content are provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We do not warrant that the site will be uninterrupted, secure or error-free, or that information on the site — including menus, pricing, hours and availability — is complete, accurate or current at all times.

12. Limitation of liability

To the fullest extent permitted by law, Mikiya and its owners, officers, employees and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or relating to your use of our website, membership program or services.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms will not exceed the greater of the amount you paid to Mikiya in the six months preceding the claim, or US $100.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, or for fraud.

13. Indemnification

You agree to indemnify and hold harmless Mikiya and its owners, officers, employees and agents from any claims, losses, liabilities and expenses (including reasonable legal fees) arising out of your violation of these Terms, your misuse of our services, or your violation of any law or the rights of a third party.

14. Termination

You may stop using our website and close your membership account at any time by contacting us. We may suspend or terminate your access to the site or your membership account, without notice, if we believe you have violated these Terms, engaged in fraudulent or unlawful activity, or misused the rewards program.

Sections of these Terms that by their nature should survive termination — including Intellectual Property, Disclaimers, Limitation of Liability, Indemnification and Governing Law and Disputes — will continue to apply after your access ends.

15. Severability

If any provision of these Terms is found by a court of competent jurisdiction to be unlawful, void or unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

16. Entire agreement

These Terms, together with our Privacy Policy, Cookie Policy and, if applicable, our Rewards Program Terms, constitute the entire agreement between you and Mikiya regarding your use of our website and services, and supersede any prior agreements or understandings, whether written or oral, relating to that subject matter.

17. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules.

Before filing a claim, you agree to try to resolve the dispute informally by contacting us. If we cannot resolve it within 60 days, either party may pursue a formal claim.

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts. This does not prevent either party from bringing an individual claim in small claims court.

18. Changes to these terms

We may update these Terms from time to time. The "Last updated" date at the top of this page shows when they were last revised. Your continued use of our website or services after changes take effect means you accept the revised Terms.

19. Contact