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