Terms and Conditions
Terms and Conditions of the Platform
This article sets forth the terms and conditions of the use ("Terms of Use") of the website, web page, mobile application, computer programme, computer software, and/or other online or digital platform (as the case may be) owned by Maxim's Caterers Limited ("we", "us" or "our") and operated in relation to its food, beverage, catering services and/or Maxim's Group's membership programme currently named as Eatizen membership programme (collectively this "Platform"). The term "Maxim's Group" in these Terms of Use is a collective term that refers to any and all companies, brands, their subsidiaries and affiliated companies that are now part of the group or will join the group in the future. Please read these Terms of Use carefully before use. Your access to or use of this Platform or any function within its scope means that you have accepted the Terms of Use. If you do not accept to be bound by the Terms of Use, please do not use this Platform.
1. Application and change of Terms of Use
These Terms of Use shall apply to any and all persons who use this Platform, including those who obtain stored information through this Platform ("Related Information") and those who provide or seek or obtain goods and/or services and/or participate in membership programme of Maxim's Group through this Platform. These Terms of Use limit our liability and the liability of relevant Maxim's Group's companies, its affiliates, subsidiaries, employees, agents, contractors and any third-party suppliers of goods, services or information in relation to such use, Related Information, goods, services and/or membership programme. If there is any conflict between these Terms of Use and the relevant terms and conditions governing the products or services or the Eatizen membership programme used for accessing and/or linked to this Platform, the latter terms and conditions shall prevail. We reserve the right to update or amend these Terms of Use from time to time in our sole discretion. Such update or amendment shall be effective upon posting on this Platform. By entering and/or using this Platform, you have agreed to be bound by the latest version of the Terms of Use.
2. Disclaimer on the use of this Platform
Related Information, products, services and any products and/or services related to promotion will be updated on this Platform from time to time without notice. The effective period of the information displayed on this Platform is in accordance with this Platform's server time. The information displayed on this Platform is for reference only and under no circumstance we guarantee the accuracy, completeness, reliability or timeliness of the information. We are not responsible for any direct or indirect costs, claims, liabilities, losses or damages etc. suffered by any user or you as a result of the use or reliance on the information. Compatible device and mobile data service or WiFi wireless network are required for the use of this Platform. Your Internet service provider may charge you for using the mobile data service or WiFi wireless network. Although we recommend that you use a faster mobile data service or WiFi wireless network when using this Platform, we do not guarantee that this Platform or any part of it will run on any specific mobile phone, hardware or device, and that this Platform will be provided or supported in any way to the extent permitted by law. This Platform may be updated from time to time without prior notice to you and you must download and/or use the latest version of this Platform in order to continue using this Platform and (where applicable) your Eatizen member account on this Platform ("Account").
3. Intellectual property rights
This Platform and the Related Information contained therein, including but not limited to text, images, logos, photos, software, source code and trademarks are protected by copyright, design, trademark and any other intellectual property rights owned or controlled by us and/or our licensors (collectively "All Intellectual Property Rights"). Except where you can only download and/or use this Platform and the materials displayed for your own non-commercial, residential or personal use and without prejudice to All Intellectual Property Rights and any other right or ownership, no person is allowed to copy, reproduce, republish, upload, download, release, transmit, broadcast, publicly display, stream, store in a system, modify, alter, reverse engineer, decompile or publicly distribute or otherwise circulate this Platform or any content of this Platform or for any other purpose or use without our prior written consent.
4. Legal use of this Platform
You agree that you shall not use this Platform for any illegal purpose or use. You agree not to post or transmit any material that contains illegal, threatening, vilifying, defamatory, obscene, pornographic or blasphemy content or any material that may violate any law or regulation or contain incitement of act that is improper, criminal or in breach of laws and regulations. Without our prior written consent, any message, post and activity involving sale or auction are also prohibited from being posted or transmitted to this Platform.
5. Links
This Platform may contain hyperlinks to other website, web page, mobile application, computer programme, computer software and/or other online or digital platform operated by third parties (collectively "Third Party Platforms"). We have no control over the content of such Third Party Platforms, how Third Party Platforms use your personal data. You should review the relevant terms and conditions/privacy policies of such Third Party Platforms to understand how the third parties use your personal data. We do not assume any liability and/or obligation for any loss caused by your use of Third Party Platforms.
6. Privacy and security
For methods and policies relating to this Platform's collection, use and storage of your and visitors' information and personal data, please review our Privacy Policy Statement.
7. Disclaimer and limitation of liability
We do not guarantee that this Platform can always be opened or used and meet your following requirements: such use will be uninterrupted, have no delay, malfunction, error, omission or loss of any message in transmission, contains no virus, or contains no infection or destructive element in the transmission and will not damage the user's mobile phone, computer or equipment etc. Therefore, you are solely responsible for providing adequate protection, data and/or device backup, and taking reasonable and appropriate precaution to scan for viruses or other destructive elements. We do not assume responsibility for or guarantee the service quality, security, accuracy, functionality and performance of any third-party software used to connect to this Platform. You expressly agree that you will be solely responsible for the relevant risk and responsibility for whether this Platform can be used and the use of this Platform. The goods and services supplied by this Platform are provided for your use on an "as-is" basis, and unless it is clearly specified herein, the Terms of Use contain no other expression, implication, statement or guarantee, including suitability for sale, applicability for specific purpose, and any and all implied guarantee of product ownership and non-infringement of right. In any event, we, our directors, employees and third-party service providers shall not assume any liability for any direct, indirect, incidental, punitive, special or consequential damages, compensation as a result of your use of this Platform, or claims made over the use of this Platform in any respect, including but not limited to any error or omission in the content of this Platform, or any loss or damage caused by using the content (or related product) posted, communicated or provided by this Platform (even if we have been informed of such possibility).
8. Waiver and indemnity
With regard to the use of this Platform, you agree that to the extent permitted by law, you shall indemnify and hold us and/or any related company under the Maxim's Group, their directors, employees and/or third-party service suppliers harmless from and against claims against us and/or any related company under the Maxim's Group as a result of your violation of these Terms of Use or your use of this Platform, or any action taken by us and/or any related company under the Maxim's Group as a result of an investigation into suspected violation of these Terms of Use or a decision that these Terms of Use have been violated. Therefore, to the extent permitted by law, you shall not make any claim against us and/or any related company under the Maxim's Group, their directors, employees and/or third-party service suppliers for deletion of related post, refusal to process any information or content provided by you, issuance of warning to you, suspension or termination of your use of this Platform, or investigation into suspected violation of these Terms of Use. This waiver and indemnity provision applies to all related or anticipated act of violation under these Terms of Use.
9. Third party rights
These Terms of Use are for the benefit of the contracting parties, and do not create or confer any benefit to any third party. It is expressly provided that Contracts (Rights of Third Parties) Ordinance (Cap. 623) shall not apply to these Terms of Use. The provisions of these Terms of Use are not intended for exercise by any third party. Notwithstanding the above provisions, any related company under the Maxim's Group may enforce their third party rights under these Terms of Use in accordance with the Contracts (Rights of Third Parties) Ordinance. Notwithstanding the foregoing sentence, the contracting parties are entitled to exercise their right to terminate, revoke, agree to modify, waive, or change these Terms of Use or resolve problems in accordance with these Terms of Use without the consent of any third party (including any related company under the Maxim's Group).
10. Governing law and exclusive jurisdiction
These Terms of Use are governed by the laws of the Hong Kong Special Administrative Region of the People's Republic of China and shall be construed in accordance with the laws of the Hong Kong Special Administrative Region. Both contracting parties shall be subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.
11. Others
11.1. In case of any dispute, our decision shall be final and enforceable and binding against you.
11.2. Clause headings and examples are provided for reference purposes only. They are not intended to define or limit the scope or extent of any clause. Words importing the singular import the plural and vice versa.
11.3. Our failure or delay in exercising any right or power under the Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.
11.4. If there is any discrepancy between the Chinese and English versions of these Terms of Use, the Chinese version shall prevail.
Terms and Conditions of Eatizen Membership Program
Eatizen provides various offers and services to its members, including but not limited to the redemption of specified goods and/or services using Eatizen electronic coupons and gift vouchers, as well as online shopping services, via the Eatizen website (http://www.eatizen.com.hk, hereinafter referred to as "the Eatizen Website") and the Eatizen mobile application (hereinafter referred to as "the Eatizen App"). Eatizen, the Eatizen Website, and the Eatizen App are owned and operated by Maxim's Caterers Limited.
Your registration and participation in the Eatizen membership programme is additionally governed by the Terms and Conditions of Eatizen Membership Program ("Eatizen Terms") and Privacy Policy and Statement of Eatizen Membership Program (“Eatizen PPS”). We reserve the right to change, modify, add to, or delete from the Eatizen Terms and Eatizen PPS from time to time. By registering and/or logging into an Eatizen member account, and/or using the Eatizen Website and/or the Eatizen App (collectively, “Eatizen Platforms”), you have agreed to be bound by the latest version of the Eatizen Terms and Eatizen PPS. If there are any inconsistencies between the Terms of Use pertaining to the Eatizen membership programme above and the Eatizen Terms, the Eatizen Terms shall prevail.
Please note that as at October 15th, 20250 (“Migration Date”), our membership programme specifically for Maxim’s Cakes (“Old Programme”) has been terminated. Hence, your membership in the Old Programme has also been terminated on the Migration Date. However, this will not affect your Eatizen membership before the Migration Date. You are recommended to use the Eatizen Platforms to continue enjoying your rights and benefits as an Eatizen member. You acknowledge and agree that by using any of the Eatizen Platforms and/or registering and/or logging into your Eatizen member account, you have agreed that Maxim’s Group can transfer all your user data in relation to the Old Programme (including without limitation all your personal data, including usage data) from the Old Programme to the Eatizen membership programme for the purposes as stated in the latest version of the Eatizen Terms and Eatizen PPS.
© Maxim’s Caterers Limited / https://www.maximscakes.com.hk/en
美心西餅，保留一切權利 2025
