Terms of Use
Maxim’s Cakes (“Maxim’s Cakes” or “we”) operated by Maxim’s Caterers Limited (“Maxim’s”) welcomes you to use www.maximscakes.com.hk, its Facebook fans page, Instagram, social media platform page or mobile application (collectively or individually “Platform”).
Please read the following terms of use of the Platform (“Terms of Use”) carefully. Your access to or use of the Platform means that you have accepted the Terms of Use. If you do not accept the Terms of Use, please do not use the Platform. If you complete any form via the Platform and press the button 'submit', 'confirm', 'save' or 'add', it indicates that you have read and understood the Terms of Use and agreed to be bound by them. Maxim’s Cakes reserves the right to update or change the content of the Platform at any time and unilaterally change any provision of the Terms of Use without notification. You should regularly visit the Platform to find out whether the Terms of Use that are binding on you have been revised, as your continued use of the Platform indicates your acceptance of any change to the Terms of Use (unless we are required to obtain your prior consent in accordance with relevant laws). No modification will be made by the Terms of Use to the terms and conditions governing the products or services agreed between Maxim’s Cakes and you. “You”, “your” and “user” refer to any person and/or entity that accesses the Platform for any reason.
1. Description of services provided by the Platform
1.1 Maxim’s Cakes will periodically update the news, product description, products’ information and prices, online shopping, order check, network and contact details provided in the Platform. All products’ information and prices will be subject to confirmation of order by Maxim’s Cakes.
1.2 Maxim’s Cakes reserves the right to change the terms and conditions for ordering at any time and from time to time.
2. Personal use
All information contained within the Platform is for reference, interaction and purchase only. It is for individual use only and should not be used for commercial purposes. You agree not to, in any way, reproduce, disseminate, announce, spread, revise, display, reconstruct, amend, modify, reverse engineer, decompile, reverse coding, transmit, exchange, translate or sell any of the content of or the product described in the Platform, or prepare any derivative works based on them, or use such works, or attempt to perform any aforementioned act. You agree to indemnify Maxim’s Cakes against breach of any Terms of Use or any unauthorised use of any content of the Platform by you. You agree that your unauthorized use of any content of the Platform may result in irreparable damage to Maxim’s Cakes and in the event of your unauthorised use, Maxim’s Cakes has the right to apply for an injunction and/or restraining order in addition to any other relief at law and/or in equity.
3. Data collection statement
When you use the Platform, you may have to provide to Maxim’s Cakes your or third party’s personal information (including but not limited to name, contact details and email address) (“Data”). You agree to provide to Maxim’s Cakes such information voluntarily. Where the personal information relates to a third party, you confirm that you have obtained such information legally and the consent of such third party for so providing the Data to Maxim’s Cakes; furthermore, such third party agrees to these Terms of Use. If the information you provided is incomplete or incorrect, Maxim’s Cakes 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 the Platform. You assure Maxim’s Cakes that the information you provided to Maxim’s Cakes is correct, truthful, valid and complete. Maxim’s Cakes has the right, without notice, to cancel and/or refuse to allow you to use the Platform or its services at the present time or in the future. Please visit Maxim’s Cakes privacy policy statement.
4. Promotional activities
Maxim’s Cakes may carry out promotional activities on the Platform from time to time. If the promotional activity involves winning or accumulating points or other rewards, separate terms and conditions will apply; in addition, the records of Maxim’s Cakes will be conclusive for points accumulated or rewards conferred and you agree that the decision of Maxim’s Cakes is final and binding on you.
5. Online Purchase
5.1 The Platform provides online takeaway ordering services for pick up by you. Once the ordering process is successfully completed, a confirmation email will be sent to the email address provided by you from Maxim’s Cakes which will use the telephone number provided by you for contact purpose. If you are providing a telephone number of another person, please ensure that you have obtained the consent of such other person; at the same time, you will be solely liable for the provision and use of that person’s personal information.
5.2 Your order submitted via the Platform is subject to acceptance and confirmation by Maxim’s Cakes. Once an order is confirmed, you cannot cancel, return or change the ordered items. Further, you acknowledge and agree that no refund will be made by Maxim’s Cakes.
5.3 Maxim’s Cakes reserves the right to impose restriction on the type of goods or quantity of goods made available online and/or reject any online order.
5.4 If an order is not being picked up at the designed store on the specified date, the order will be deemed forfeited and no refund will be made. Further, you agree that Maxim’s Cakes will not supply any product or provide exchange. Date and venue for order pick-up are shown on the confirmation email.
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 in accordance with applicable law, you should not provide any personal information via the Platform or use the Platform because legal obligation or responsibility may arise as a result of your use of Platform. If you want to enter or browse the Platform, you must obtain the opinion and approval of your parent or guardian regarding the implications of these Terms of Use and the consequences that entail. Maxim’s Cakes assumes that all users of the Platform are of legal age. Maxim’s Cakes is not obliged to check your age but if it is found that any user is underage, Maxim’s Cakes reserves the right to take action against such user or his/her parents/guardian including but not limited to refusing access to the Platform by user 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 the Platform, including but not limited to text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of the Platform (including the collection, arrangement and compilation of such materials) (collectively “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 Cakes or supplier of the Platform or its clients (as the case may be). Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law, intellectual property right laws and/or other applicable laws. If you reproduce any Materials, you must obtain prior written permission from Maxim’s Cakes and retain in the reproduction the copyright notice, trade mark, service logo or other exclusivity notice as used in the original copy. Unless otherwise provided, reproduction can only be used for personal use and not for commercial purpose. Without any prior written permission from Maxim’s Cakes, you shall not sell, alter, revise, modify, copy, reproduce, re-issue, upload, download, publish, transmit, display, distribute or disseminate the Materials, store the Materials in any retrieval system or use it in any other way.
8. Legal use of the Platform
You shall only use the Platform for legal purpose and shall not use the Platform 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. You shall not gain or attempt to gain unauthorized access to the server or computer on which the Platform is stored or any server computer or database connected to the Platform or damage any part of the Platform or Materials and/or product provided in the Platform. You have the responsibility to judge whether any of your actions will give rise to the infringement invasion acquisition unauthorized access or damage as described above. You shall not, in any way, change any Materials or content of the Platform or interfere with the operation of the Platform in any way, including but not limited to, transmitting software viruses or transmitting any computer code or message designed to interrupt interfere with or change the operation of the Platform. You shall also not use the Platform or other method to collect the details of other users. Without express permission from Maxim’s Cakes, the Platform or any part thereof shall not be reproduced, copied, printed, altered, modified, sold, transferred. The Platform shall be used by the users for purposes as intended by Maxim’s Cakes only.
9. Limitation of liability
There may be incorrect material or typesetting errors in the Platform and you acknowledge that the information provided on the Platform is on “as-is” basis without warranty of any kind (express or implied). Maxim’s Cakes does not guarantee the correctness, reliability, completeness, adequacy or timeliness of any information or material of the Platform. Maxim’s Cakes does not accept any liability for the content of other website whether linked through the Platform or not or anything uploaded on the Platform or linked to the Platform, 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 agree that Maxim’s Cakes will not be liable for the use of the Platform or its link or any consequence resulting therefrom. You shall be solely responsible for any consequence resulting from use of the Platform or its link. The content of the Platform and the other aforementioned website are likely to change at any time or periodically, so please check related materials regularly. Maxim’s Cakes does not guarantee the following: the Platform will be totally free of errors now and in the future, the Platform and its server will always be free of computer viruses or other harmful function, any shortcoming or defect will be corrected, the use of the Platform will achieve any particular result or the Platform is timely, safe and will not be interrupted or discontinued. If your use of any Materials or the Platform results in the need to repair or replace any equipment, software or data, Maxim’s Cakes accepts no liability therefor. For any loss (whether direct, indirect, special or consequential) damage or injury of whatever nature, whether in contract, tort (including negligence), breach of statutory duty or otherwise, regardless of whether it is foreseeable or Maxim’s Cakes has been notified of the likelihood of such loss damage or injury, arising from use or inability to use the Platform, reliance on any information on the Platform , implementation failure, error, omission, interruption, deletion, defect, delay in operation or transmission, computer or software virus, communication malfunction, interception of communication, soft or hard ware problem (including but not limited to loss of data or compatibility problem), theft, damage or change to the website or application or uploading or downloading of the Platform’s data, text, images or other materials or information, Maxim’s Cakes or any third party mentioned on the Platform shall not be liable as far as it is permitted under the applicable laws.
10. Compensation
In the event of any action, proceeding, claim, liability, damages, compensation, injury, debt, loss, costs and expenditure (including reasonable legal costs and expenditure) arising from the user’s breach of any of these Terms of Use or any illegal behavior, the user agrees to indemnify and hold harmless Maxim’s Cakes, Maxim’s and Other Indemnified Parties (“Other Indemnified Parties” means person or entity other than Maxim’s Cakes including but not limited to its subsidiaries, affiliated companies, associated companies, directors, officers, employees, agents, representatives, contractors, joint brand owners and other partners) in full against all loss and damages (including without limitation to legal costs incidental therefrom) incurred and/or suffered by any of them.
11. Severability
If any provision in Terms of Use being held invalid, illegal or unenforceable, the validity, legality or enforceability of the remaining provisions of Terms of Use shall not be affected in any respect.
12. Applicable law
These Terms of Use are governed by and construed in accordance with the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”). The user irrevocably consents to the exclusive jurisdiction of the courts of Hong Kong to resolve any disputes, disagreements or claims between Maxim’s Cakes and the user.
13. Others
13.1 No third party shall not have any right under the Contracts (Rights of Third Parties) Ordinance (Cap. 623) to enforce any provisions of this Terms of Use.
13.2 In case of any dispute, the decision of Maxim’s Cakes shall be final and enforceable and binding against you.
13.3 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.
13.4 Maxim’s Cakes’ failure or delay in exercising any right or power under Terms of Use shall not in any circumstances impair any right or power nor operate as a waiver of it.
13.5 The Terms of Use are in both the English and Chinese language. In case of inconsistencies or discrepancies, the Chinese version shall prevail over the English version.
13.6 If you wish to contact Maxim’s Cakes for matters regarding the Platform or Terms of Use, please send your written request to the following address:
Email: pr@maxims.com.hk
Post: Maxim’s Cakes, Maxim’s Caterers Limited, 18/F Maxim’s Centre, 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong
©Maxim’s Caterers Limited 2021
