Maxim’s Caterers Limited (“Maxim’s”) operates, amongst other businesses, 美心西餅/Maxim's cakes in the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). “美心西餅/maxim's cakes” is a registered trademark of Maxim’s

This Maxim’s Cakes membership program (“Program”) is operated by Maxim’s Cakes. By registering to become a member of the Program or participating in the Program and/or using any of its benefits, privileges and/or services, an applicant or an existing Maxim’s Cakes member (as the case may be) (“Member”) agrees and confirms to be bound by the Membership Terms and Conditions set out herein (as may be updated or amended by Maxim’s at its sole and absolute discretion from time to time without prior notice) (“Terms”) in respect of his/her membership (“Membership”) under the Program.

A. Membership Application and Usage

1. To be eligible for Membership application, the applicant is required to download the latest version of Maxim’s Cakes mobile app (“Mobile App”) (or browse Maxim’s Cakes website (“Website”)) and successfully register for a Maxim’s Cakes Member account (“Member Account”) with his/her personal details in the “Register” section. Each valid mobile number and email address can be registered once only. The applicant must register with a correct and valid mobile number from Hong Kong. The applicant must be the legitimate owner of the registered mobile phone number. The applicant must complete all mandatory fields in the application form in full and provide true and accurate information. Any incomplete or inaccurate application will not be processed. Maxim’s reserves the right to decline any application for Membership at its sole and absolute discretion without giving any reason therefor.

2. The applicant must be aged 18 or above. Each person may apply for and hold one Maxim’s Cakes Member Account only.

3. Member should log on to his/her Member Account on one mobile/electronic device only at the same time. Member Account is not transferable or assignable and is for the Member’s personal use and benefit only. Member shall not allow or knowingly allow any other person to use the Member Account (or any related information). Member shall act in good faith, and exercise reasonable care and diligence in keeping his/her Member Account (and its related information) confidential from others. Member shall be fully liable for any accidental or unauthorised disclosure of his/her Member Account (and its related information) and unauthorised access or use for unauthorised purposes.

4. Maxim’s shall be entitled to assume that the user logged on to the Member Account has full authority to act for the relevant Member in all matters relating to the Program. Maxim’s reserves the right to request verification of the identity of the Member. The relevant Member will be responsible for all activities in his/her Member Account and shall bear all legal liability and responsibility for any losses, damages and other consequences suffered, incurred or arose due to or in connection with such activities.

5. Except where otherwise provided, Member Privileges (as defined below) and rewards cannot be used in conjunction with any other promotional offers, discounts, vouchers and coupons.

6. Specific requirements and/or limitations may be imposed on Member’s participation in particular promotions from time to time. Hence, Member may not be eligible to participate in all campaigns partly or wholly organised by Maxim’s.

7. If there is any suspicious or irregular activity or transaction relating to the Member Account, please email Maxim’s at csmx@maxims.com.hk or contact Maxim’s customer service hotline at 2832 0000 (Monday to Friday except Public Holidays: 9am – 1pm, 2pm – 6pm).

8. The Mobile App and Member Account can only be accessed properly by mobile/electronic devices using the latest version of iOS and AOS or via the Website.

B. Program Overview:

We have welcome offer, always on promotion, birthday offer and E-stamp collection for our member. Membership monthly promotion update frequently, details will be updated on Maxim’s cakes APP.

C. Membership Termination:

1. Member may terminate his/her Membership by email Maxim’s at csmx@maxims.com.hk . The transaction records, privileges and rewards (including any unused Member Privileges) will all be forfeited after deletion of the Member Account.

2. In the event of any breach of the Terms, Member’s abuse of any of the Program privileges (as determined at Maxim’s sole and absolute opinion), or the use of the Member Account in an unauthorised, fraudulent, dishonest or otherwise unlawful manner (as determined at Maxim’s sole and absolute opinion), Maxim’s reserves the right to terminate or suspend the Membership and/or any Member Privileges without notice, and Maxim’s will not be liable for any loss or damage resulting therefrom. Maxim’s also has the right to take action on the Member for recovery of any loss and/or damage that Maxim’s or any Associated Parties suffers under these circumstances.

3. Maxim’s reserves the right to terminate the Program and/or its operation at its sole and absolute discretion at any time without notice. All rights and/or privileges (including any unused Member Privileges) of applicant or Member shall cease upon termination, and Maxim’s will not be liable for any loss or damages resulting therefrom.

D. Member Privileges:

1. Subject to his/her tier of Membership (if any), Member shall enjoy certain Member Privileges (“Member Privileges”) which may include but not limited to discounts, e-coupons and rewards, that may be announced, granted or awarded by Maxim’s from time to time. However, Maxim’s shall not be obliged to announce, grant or award a particular or a particular type of Member Privilege to a Member of a particular Membership tier or to announce, grant or award any Member Privileges at all. Some of the Member Privileges that may be granted to each Membership tier are set out in the Table above.

2. To exercise Member Privileges, Member shall present a valid Member QR code (“QR Code”) at the time of payment. In whatever circumstance a transaction was made, if a QR code was not presented at the time of payment and consequently Member Privileges were not applied, request for cancellation or modification of or refund on the transaction will not be accepted.

3. All Member Privileges are for personal use and benefit and are not transferable.

4. Upon exercise or enjoyment of Member Privilege(s), Member confirms that he/she is bounded by the terms and conditions of the Terms and the corresponding Member Privilege(s).

5. It is the responsibility of Member to check carefully if the Member Privilege(s) are correctly used in the manner intended for the transaction, including but not limited to whether privilege(s) expire sooner are being used first. Maxim’s shall not be liable for any loss or damage resulting from any use of privilege(s) not in the manner intended by Member after the transaction is completed, and no cancellation or refund will be made.

6. Member should exercise his/her Member Privileges within the specified valid period (if applicable). Any request for extension of Member Privileges beyond their valid period will not be entertained under any circumstances.

7. Notwithstanding anything contrary herein, Maxim’s reserves the right to, at its sole and absolute discretion, amend, change, add, cancel, and remove any Member Privileges and their corresponding terms and conditions with immediate effect whenever it deems necessary without prior notice, and Maxim’s shall not be liable for any loss or damage resulting therefrom.

E. Data Privacy:

1. Applicants and Members are required to provide personal data for the application for and operation of the Membership. All personal data is managed in accordance with Maxim’s privacy policy (“Privacy Policy”). Such Privacy Policy can be found on Maxim’s cakes official website https://www.maximscakes.com.hk/en/privacyPolicy or Mobile App, and is deemed incorporated into and forms part of the Terms. Failure by an applicant or Member to provide or keep the required data up to date may result in Maxim’s being unable to provide Membership services and associated benefits. In such cases, the Membership of a Member may be terminated, and the application for Membership of an applicant may be rejected.

2. Member should provide up-to-date contact details, including email address and phone number to ensure that all Program communications are being received. Member should notify Maxim’s immediately of any change in such contact details. Maxim’s shall not be liable for any potential or actual loss, claims or damages in any form incurred by the Member arising directly or indirectly from inaccurate and outdated contact details.

3. Member must ensure safe keeping of his/her Membership data and that the password is not disclosed to any unauthorised parties. Maxim’s cannot be held liable for the consequences of any unauthorised disclosure of the password by Member or unauthorised use of the password.

4. Maxim’s may, subject to applicable law, also send information about promotions and offers and other communications relating to the Program to the Members from time to time.

F. Disclaimer of Warranties and Limitation of Liabilities

1. Communications over the Internet may be subject to interruption and delay, and may not be entirely secure, due to the nature of the Internet. Maxim’s is not responsible for any loss, or damages howsoever arising out of or in connection with any transmission to or from the Website or Mobile App over the Internet or where any part of the content is not transmitted. Maxim’s is also not responsible for any expenses incurred by the applicant or Member in accessing or using the Website or Mobile App, such as any Internet fees charged by his/her Internet service provider. For the avoidance of doubt, the applicants and the Members are responsible for ensuring that their device meets the necessary technical requirements to access the Website and Mobile App.

2. To the maximum extent permitted by law, Maxim’s and all Associated Parties disclaim, and shall not be liable for, any liability and responsibility (including, but not limited to, any direct or indirect loss or damage and any liability for negligence, tort or any other cause of action) arising from, in connection with or in respect of (a) the Program, (b) the Member Account, (c) any Member Privilege, (d) the Website, (e) the Mobile App, and/or (e) any (i) interruption of business, (ii) access delays or access interruptions to the Program, (iii) data non-delivery, loss, theft, mis-delivery, corruption, destruction or other modifications, (iv) loss or damages of any sort incurred as a result of use of any reward or benefit of the Program, (v) any inaccuracies or omissions in Program content, (vi) use, inability to use, or reliance placed on the Program or any Member Privilege and/or (vii) events beyond Maxim’s reasonable control. Maxim’s and all Associated Parties make no representations or warranties that defects or errors will be corrected.

3. For the avoidance of doubt, to the maximum extent permitted by law, the disclaimer in Section G includes but is not limited to:-

(a) Any special damage, incidental damage, consequential damage, loss of profit, sales, business or revenue, loss of anticipated savings, loss of business opportunity, goodwill or reputation, or damage resulting from the loss of data, business interruption or business termination, regardless of whether Maxim’s or the relevant Associated Party has been notified of the likelihood of such damage; and

(b) Any loss or damage arising out of any error, omission, discontinuation, delay, computer virus, communication malfunction, interception of on-line communication, software or hardware problem (including, but not limited to, loss of data, bug or compatibility problems), theft or any other issues in connection with any part of the Program, Website or Mobile App.

4. In no event shall Maxim’s or any Associated Party be held liable for any liability or damages resulting directly or indirectly from any force majeure events.

5. Nothing in this Section G intends to exclude or restrict Maxim’s or any Associated Party’s liability for fraud or death or personal injury caused by Maxim’s or the relevant Associated Party’s negligence, or any liability that cannot be excluded or restricted as a matter of the applicable laws.

6. If, notwithstanding the terms of the Term, Maxim’s and/or any Associated Parties are found to be liable to an applicant or Member for any damages or compensation, the maximum total liability of Maxim’s and the relevant Associated Parties shall be one thousand Hong Kong dollars (HK$1,000.00), to the maximum extent permitted by law.

7. To the maximum extent permitted by applicable law, applicants and Members agree that no claims or action in contract, warranty or in tort (including negligence) arising out of, or related to, his participation in the Program, or use of any rewards or other benefit thereunder may be brought by them more than one (1) year after the cause of action relating to such claim or action arose.

8. In the event of any action, claim, proceeding, damage, liability, compensation, injury, debt, loss, costs or expenditure (including, without limitation, all reasonable legal costs and expenditure) arising from any of an applicant’s or Member’s breach of the Terms or illegal behaviour (“Loss”), the relevant applicant or the Member agrees to indemnify, defend and hold Maxim’s and the Associated Parties harmless from any Loss.

G. Miscellaneous:

1. All the time points, time periods and dates set out in these Terms are based on Hong Kong Time (UTC+08:00).

2. In the event of any dispute arising from Member Account, Member Privilege or the Program, Maxim’s sole and absolute decision shall be final and binding on an applicant and/or Member.

3. An applicant’s or a Member’s use (or continued use) of the Mobile App, Program, Membership, or Member Privileges is regarded as an acceptance of the Terms.

4. All information and materials about the Program (including trademarks, logos, images, and service marks, including the Terms, in respect of the Program (including all relevant materials) whether registered or unregistered) are protected by copyright law, trade mark law and other applicable laws. All such information and materials are the property of Maxim’s or (where applicable) its content provider(s) or its licensors. Such information and materials may not be used, copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified in any way without Maxim’s prior express written consent. Unauthorised use of any such information and materials may constitute an infringing act under the applicable copyright law, the applicable trade mark law or any other applicable laws. Except as expressly provided for herein, applicants and Members shall not be entitled to any right or interest in any such information and materials.

5. Notwithstanding anything contrary herein, Maxim’s reserves the right to modify the Program, Member Privileges, Member tiers, benefits, privileges, rewards, and other features including but not limited to the Terms, or to revoke any right and/or privilege, without notice at its sole and absolute discretion and without the need to provide any reason. The amended Terms are effective from the date they are published on Maxim’s cakes https://www.maximscakes.com.hk/en or Mobile App. Applicants and Members should regularly check the Terms on his/her own. If applicants or Members continue to use the Mobile App, the Program or any Member Privileges, this shall constitute an acceptance of the changes to the Terms and/or the revocations and other amendments of rights and/or privileges. Maxim’s and all Associated Parties shall not be liable for any loss or damage resulting therefrom.

6. The provisions in the Terms of Use at https://www.maximscakes.com.hk/en/termsOfUse (“Terms of Use”) (including the defined terms therein) shall apply mutatis mutandis to the Terms and shall have full effect as if the same had been incorporated herein, save that references to “TOU” therein shall be deemed to include the Terms and references to “this Website” therein shall be deemed to include the Program and the Membership. For the avoidance of doubt, Clauses 6 (No Warranties) and 7 (Limitation of Liability) of the Terms of Use equally apply to the Program and the Membership (including but not limited to any use of any Member Privileges).

7. The Terms shall be interpreted according to the laws of Hong Kong and be governed by the Hong Kong laws. The applicants and Members agree to submit to the non-exclusive jurisdiction of the Hong Kong courts for any disagreement, dispute or claim arising out of or in connection with the Terms.

8. If there is any discrepancy between the Terms and the Terms of Use, the Terms shall prevail.

© Maxim’s Caterers Limited / https://www.maximscakes.com.hk/en 

美心西餅，保留一切權利 2025