Welcome to use at www.maximsmx.com.hk(“this Website”) of Maxim’s Caterers Limited (“Maxim’s MX”).
Please read the following terms of use of this Website (“these Terms of Use”) carefully. Your use of this Website means that you have accepted all these Terms of Use. If you are unwilling to be bound by all or any of these Terms of Use, please do not use and cease your access to this Website. If you continue to use this Website or, you have completed any of the forms on the website and pressed the button “submit” to submit the form, it indicates that you have read and understood these Terms of Use and agreed to be bound by them. “Maxim’s MX” reserves the right to change or modify the contents of this Website at any time and has the right to unilaterally change any of these Terms of Use without prior notification. You should regularly visit this Website to find out whether these Terms of Use that are binding on you have been revised, as your continued use of this Website indicates your acceptance of any change to these Terms of Use. “You”, “your”, and “users” refer to any person and/or entity that accesses this Website for any reason.

1. Description of services provided by this Website

This Website provides information about us, food menu, news and promotion, store list and how to contact us.

2. Personal use

All the information contained within this Website is for reference, interaction and purchase only. It is for individual use only and should not be used for any commercial purposes. You agree not to, in any way, disseminate, announce, spread, revise, replicate, display or sell any of the contents of or the products described in this Website, or any derivative works based on them, or use such works. You agree to indemnify Maxim’s MX (including its subsidiaries, affiliated companies, associated companies, senior employees, agents, joint brand owners or other partners and employees) in full against any loss and damages as suffered and legal costs incidental therefrom arising from your unauthorised use of any content and/or material from this Website, and to defend on behalf of and hold Maxim’s MX (including its subsidiaries, affiliated companies, associated companies, senior employees, agents, joint brand owners or other partners and employees) entirely harmless. You agree that your unauthorized use of any content and/or material of this Website may result in irredeemable losses to Maxim’s MX and in the event of your unauthorised use, Maxim’s MX has the right to apply for an injunctive and/or restraining order in addition to any other remedies under common law or equity.

3. Data collection statement

When you use his Website, you may have to provide to Maxim’s MX your information (including but not limited to your name, gender, age range, contact details and email address) (“Data”). You agree to provide to Maxim’s MX such information voluntarily. If the information you provided is incomplete or incorrect, Maxim’s MX will be unable to provide or continue to provide related services to you, or may not allow you to enter or may discontinue your use of this Website without any prior notice. You assure Maxim’s MX that the information you provide Maxim’s MX is correct, truthful, valid and complete and if there are any changes made to such information provided, you shall update Maxim’s MX promptly. Maxim’s MX has the absolute right, without notice, to cancel your registrations and qualifications and/or refuse to allow you to use this Website or its services at the present time or in the future. Please go to the link for Maxim’s MX privacy policy statement.

4. Online takeaway ordering service

The online takeaway ordering service is opened to all Users in Hong Kong. Users are held fully responsible for all the actions taken while using this service.

5. Promotional activities

Maxim’s MX will periodically carry out promotional activities on this Website. If the promotional activity involves winning or accumulating points or other rewards, Maxim’s MX will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.

6. Underage persons

If you are under 18 or considered as underage by law or do not have the ability to make a contract or are unable to bear any legal responsibility as per the applicable laws, and when using this Website gives rise to legal obligation or responsibilities, you should not provide any personal information described in these Terms of Use and you should not use this Website. If you want to enter and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. Maxim’s MX assumes that all users of this Website are of legal age and/or does not fall within any of the aforesaid categories. Maxim’s MX is not obliged to check your age and/or your capability to use this Website but if it is found that any user is underage and/or falls within any of the aforementioned categories, Maxim’s MX expressly reserves the right to take action against such user and/or his/her parents/guardian including but not limited to refusing your access to this Website and to hold such user and/or his/her parents/guardian fully liable for all losses and damages suffered and legal costs incurred.

7. Use of materials

The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright law, trade mark law, intellectual property right laws and other applicable laws. All Materials are the exclusive property of Maxim’s MX or website contents provider of Maxim’s MX or its clients (as the case may be). Unauthorized use of any Materials is an infringing act under the copyright law, the trade mark law, intellectual property right laws or other applicable laws. Without any prior written permission from Maxim’s MX, you shall not, sell or modify the Materials, copy, reproduce, re-issue, upload, download, publish, transmit, display, publicly implement, issue the Materials in any way, store the Materials in the retrieval system or use it in any other way.

8. Legal use of this Website

You can only use this Website for legal purposes and cannot use this Website to, in any way, infringe the intellectual property rights of any other person or invade the privacy of other users or acquire their identities or any other personal details, or damage any part of this Website, the Materials and/or products provided in this Website. You have the responsibility to judge whether any of your actions will infringe the rights as described above. You shall not, in any way, change any Materials or product provided in this Website and shall not interfere with the operation of this Website in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to shut down, interfere with or change the operation of this Website. You shall also not use this Website or other method to collect the details of other users. Without express permission from Maxim’s MX, this Website or any part thereof shall not be reproduced, copied, printed, sold or transferred. This Website shall be used by the users for purposes as intended by Maxim’s MX only.

9. Limitation of liability

There may be incorrect material or typesetting errors in this Website. Maxim’s MX does not give any implied or non-expressed guarantee and does not guarantee the correctness, reliability, completeness or timeliness of any material of this Website. Maxim’s MX does not accept any liability for the contents of other websites whether linked through this Website or not or anything uploaded on this Website or linked to this Website, including but not limited to any fallacies, errors, omissions, infringements, libel, lies or any other material or omission that is likely to be illegal or gives rise to a claim or complaint. You will be solely responsible for any consequences resulting from use of this Website or its links. The content of this website and the other aforementioned websites are likely to change at any time or change periodically, so please check related materials regularly. Maxim’s MX does not guarantee the following: this Website will be totally free of errors now and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website is timely, safe and will not be discontinued. If your use of these website material results in the need to repair or renew equipment or data, Maxim’s MX accepts no liability for any resulting expenses. For any damage or injury, regardless of direct or indirect breach of contract, infringement, negligence or any factor (including but not limited to, accidental damage, indirect damage, loss of profit, or damage resulting from the loss of data or business termination), arising from use or inability to use the materials of these websites, or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line communication, soft or hard ware problem (including but not limited to loss of data or compatibility problems), theft or resulting from damage or changes to the websites whether or not a result of the use of this Website or uploading or downloading of this Website’s data, text, images or other materials or data, and regardless of whether Maxim’s MX has been notified of the likelihood of such damage, Maxim’s MX and any third party mentioned on this Website shall not bear any liability as far as it is permitted under the applicable laws.

10. Compensation

In the event of any compensation claim, program, damage compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user’s infringement of these Terms of Use or illegal behaviour, the user agrees to compensate Maxim’s MX and its subsidiaries, affiliated companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, to defend them at the users own costs and hold Maxim’s MX and its subsidiaries, affiliated companies, associated companies, senior employees, agents, joint brand owners or other partners and employees entirely harmless against all loss and damages.

11. Interpretation of Agreement

Clause headings and examples are provided for reference purposes only to assist in understanding these Terms of Use. They are not intended to define, or limit the scope or extent of any clause.

12. No waiver

Maxim’s MX’s failure or delay in exercising any right or power under these Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.

13. Assignment

Maxim’s MX may assign its rights and obligations under these Terms of Use . You may not assign your rights and obligations under these Terms of Use.

14. Severability

If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these Terms of Use 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 Terms of Use, will not be affected in any respect.

15. Applicable law

These Terms of Use are governed by the laws of Hong Kong, the Special Administrative Region of the People’s Republic of China (“Hong Kong”). The user irrevocably consents to the non-exclusive jurisdiction of the courts of Hong Kong to resolve any matters arising out of any disputes, disagreements or claims between Maxim’s MX and the user.

16. Chinese and English Versions of these Terms of Use

These Terms of Use are made in both the English and Chinese language. In case of inconsistencies and discrepancies, the English version shall prevail, given the Chinese version is for reference only.

17. Contact Information

If you wish to contact Maxim’s MX for matters regarding this Website or this Application or these Terms of Use, please send your written request to the following address:
Email: pr@maxims.com.hk
Address: Maxim’s MX
18/F, Maxim’s Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong

© Maxim's Caterers Limited 2018

Maxim’s MX operated by Maxim’s Caterers Limited (“Maxim’s MX”) recognizes the importance of your privacy. This privacy policy statement (“this Privacy Statement”) explains how personal data is collected and used by Maxim’s MX. Please read this Privacy Statement carefully. By accessing or utilizing services on www.maximsmx.com.hk or its online ordering website order.maximsmx.com.hk or its Facebook fans page or any of its social media platform page (collectively, “this Website”), it means that you have accepted all the terms of this Privacy Statement. If you are unwilling to be bound by all or any of the following terms, please do not use or cease your access to this Website. If you continue to use this Website or you have completed any of the forms on the Website and pressed the button “submit” to submit the form, it indicates that you have read and understood this Privacy Statement and agreed to how personal data are and will be collected and used as provided in this Privacy Statement. Maxim’s MX reserves the right to change or modify the contents of this Website at any time and unilaterally change any terms of this Privacy Statement without prior notification. You should regularly check whether this Privacy Statement has been modified via this Website, as your continued use of this Website indicates your acceptance of any change to this Privacy Statement. However, if the modification might materially affect the way we use or disclose your information (including your personal data) (“Data”), we will ask for your consent prior to any such modified use. “You” and “user” refer to any person that accesses this Website for any reason.

1. Collection of Data and its purposes

When you use this Website to make enquiry and/or otherwise use the services provided on or via this Website, you may have to provide to Maxim’s MX your Data including but not limited to your name, contact details, email address, facebook ID and/or other social media account details. You confirm that you have provided to Maxim’s MX such information voluntarily. You agree and understand that any and all of the Data you provided to Maxim’s MX will be collected and used for the following purposes (and any other purposes directly related to such purposes):

• (a) for verification of identity and record, matching your personal data with information you provided to us via other means;
• (b) for displaying on the relevant portal when you use this Website, the Internet and other channels in managing your Data;
• (c) for analysis and for comparison with others’ Data in order to gather statistical information to help us better serve you and develop Maxim’s MX products or services and market promotion programmes;
• (d) for communicating with you and sending the relevant information to you in relation to your consumption, the status regarding your participation to Maxim’s MX activities/projects and information regarding the exclusive promotional discounts as offered to you;
• (e) for communicating with you offers and promotions in relation to food and beverage and catering services provided by Maxim’s MX, its affiliated companies and business partners in joint promotions;
• (f) for storing communication contacting details;
• (g) for generating survey on user traffic on this Website;
• (h) for processing of your orders and service requests;
• (i) for collecting payment, processing of any payment instructions and direct debit fees;
• (j) for conducting Maxim’s MX internal control, including calculation of the amounts payable to you or outstanding from you, payment(s) payable to or receivable from you, and collecting any fees;
• (k) for facilitating the daily operation of your account;
• (l) for implementing your instruction, responding to your enquiries or those made in your name, and providing efficient and responsive service; and
• (m) for providing you with direct marketing communications in accordance with the relevant section below.

2. Direct marketing

You agree that after you have provided your personal verifiable Data, including your name, telephone number, email address and correspondence address to Maxim’s MX, you may from time to time receive telephone calls, SMS, emails and direct mails containing direct marketing information on offers and promotions in relation to food and beverage and catering services provided by Maxim’s MX, its affiliated companies and business partners in joint promotions. In the event of joint promotion, the details of the joint promotion will be sent either by Maxim’s MX or its designated communications service provider but not by the joint promotion partner.

If you do not wish to receive any such direct marketing communications, whether or not you have consented to Maxim’s MX providing you such information, you can at any time send us your request with your name to Maxim’s MX Data Privacy Officer via email at:dataprivacyoffice@maxims.com.hk or by post to: Maxim’s MX Data Privacy Officer, Maxim’s Caterers Limited, 18/F Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong.

3. Personal Data (Privacy) Ordinance

Maxim’s MX complies with Hong Kong laws including Personal Data (Privacy) Ordinance (Cap. 486) in its policy and the ways it collects, uses, stores, discloses, transfers, protects and accesses Data.

4.Retention, storage and disclosure of Data

You acknowledge, agree and authorize us to retain and store the Data you provided in one or more databases of Maxim’s MX within or outside Hong Kong, and to provide, disclose, allow access and transfer such Data to:

• (a) any employee of Maxim’s MX and its affiliated companies who are authorized to handle such Data for the purposes for which such Data are collected;
• (b) any contractor or agent which provides administrative, telecommunication, computer, payment, insurance, professional or other services to Maxim’s MX and is engaged by Maxim’s MX for the purposes for which such Data are collected or relevant to the purposes for which such Data are collected;
• (c) anyone that Maxim’s MX has to make disclosure to in accordance with the requirements of applicable laws, administrative policies or regulations;
• (d) anyone who reasonably requires Maxim’s MX to make disclosure in order that Maxim’s MX can implement the purposes listed in this Privacy Statement.

You agree that Maxim’s MX can disclose your Data in the following reasonable and necessary circumstances:

• (i) in compliance with relevant laws, directives of relevant governmental bodies and court orders;
• (ii) to execute or implement any terms of use relating to your use of this Website or the services provided by Maxim’s MX;
• (iii) to protect the rights, properties or interests of Maxim’s MX, its affiliated companies and employees; or
• (iv) in compliance with this Privacy Statement.

Maxim’s MX specifically states herein that it has not and will not sell your Data. Maxim’s MX also will not provide, disclose, allow access and transfer your Data to any third party other than the above without your prior written approval.

Maxim’s MX shall retain your Data after you have provided your Data via this Website. Your Data will be retained for not more than 1 month after the termination of the purpose for which you provided your Data, and thereafter erased.

5. Security of Data

Maxim’s MX will use various security technologies and procedures to protect your Data from unauthorized access, use or disclosure. Because of the nature of Internet, Maxim’s MX cannot guarantee the security on any transfer of Data. However, Maxim’s MX will take all practical and feasible measures to ensure any Data collected by this Website will not be intercepted by any third party. You must be clear that Maxim’s MX ‘s advertisers or any website with links to this Website may collect your Data. You must read the relevant privacy statement carefully and agree to such privacy statement before you provide your Data to them. Your provision of your Data to any third party has nothing to do with Maxim’s MX and Maxim’s MX will not have any responsibility for such. If Maxim’s MX receives relevant Data from a third party, it will retain the information in the usual strict secured and confidential standards.

6. Access, amendment or deletion to Data and contacting Maxim’s MX ‘s Data Privacy Officer

You are aware that according to Personal Data (Privacy) Ordinance (Cap. 486), you have the right to access your personal data held by Maxim’s MX and request amendment to your personal data. If you wish to access or amend your personal data held by Maxim’s MX, please send your request to Maxim’s MX ‘s Data Privacy Officer via email at:dataprivacyoffice@maxims.com.hk or by post to: Maxim’s MX Data Privacy Officer, Maxim’s Caterers Limited, 18/F Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong.

If you do not wish to receive any direct marketing communications in the future, you can at any time send us your request with your name to Maxim’s MX’s Data Privacy Officer via email at: dataprivacyoffice@maxims.com.hk or by post to: Maxim’s MX Data Privacy Officer, Maxim’s Caterers Limited, 18/F Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. Please note that if you opt out of receiving direct marketing communications, you will not receive the news in relation to our discount offer or promotion.

7. Cookies

Maxim’s MX may use cookies on this Website. Cookies is a small text file that is placed on your hard disk by a Web page server. Cookies is not designed to use for or intended to use for accessing any information (except for the information on the cookies) of the user’s computer. On the contrary, it is an identifier placed on your hard disk. Cookies contain information that can later be searched by the same Web page server to identify a particular computer and cater for the use of the user and allow monitor and management of such use according to the information stored by that server. Therefore, cookies only provide to the website the information on the user’s computer and the website can link up such information of the cookies with other information such as personal identifier information. The purpose for this Website to use cookies is to allow automation on signing in and registration of information so that you are linked to the information for online purchase when you make purchase (if any) using this Website, to adjust this Website to your preferences or to personalize promotion or marketing. In addition, use of cookies may allow Maxim’s MX to track the use of this Website to determine what content is useful or popular so that Maxim’s MX can effectively develop and improve this Website. You can modify your web browser on the use of cookies so that it will send you warning or you can decline acceptance of cookies. Please note this Website may not function normally or permit your signing in if you choose to decline acceptance of cookies.

8. Use of Web Beacons

Maxim’s MX may use Web beacons on this Website or other websites and allow third party to place Web beacons on this Website to monitor the effectiveness of promotion or other legal purposes. Web beacons are also called web crawler. It is an object that is embedded in a web page or email which allows checking by website owner or a third party on whether a user has viewed the page or email. It is usually invisible to the user as its size is generally very small (1×1 gif) and has the same colour as the web page, document or email. Web beacons are identified as HTML IMG on web pages. Users can click on the information option on the web page to find out whether Web beacons are used on the web page. Web beacons can link to personal information. For example, advertising network uses web beacons to add on personal information the web pages a person visited and based on such information to add a particular kind of advertising bars. Web beacons can also be used to independently track the number of people visiting the web site.

9. Links to third parties’ websites

Please note that Maxim’s MX provides links to third parties’ websites as a service to users. Maxim’s MX is not responsible for the contents on such web pages or how information is collected on such web pages. Maxim’s MX strongly recommends you to read and understand the privacy statements of any such third parties’ website and you shall submit any information to them only if you agree to such privacy statements.

10. Children

This Website does not plan or intend to collect Data from underage below 18. To respect the privacy of underage, underage below 18 should not provide any Data on this Website. Maxim’s MX urges parents/ guardians to monitor their children when they surf on the web.

11. Applicable law

This Privacy Statement is governed by the laws of Hong Kong, the Special Administrative Region of the People’s Republic of China (“Hong Kong”). The user irrevocably consents to the non-exclusive jurisdiction of the courts of Hong Kong to resolve any matters arising out of any disputes, disagreements or claims between Maxim’s MX and the user.

12. Chinese and English Versions of this Privacy Statement

This Privacy Statement is made in both the English and Chinese language. In case of inconsistencies and discrepancies, the English version shall prevail, given the Chinese version is for reference only.

© Maxim’s Caterers Limited, 2018