Terms and Conditions of the Platform
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 Platoform'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 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.
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
7. Disclaimer and limitation of liability
8. Waiver and indemnity
9. Third party rights
10. Governing law and exclusive jurisdiction
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.
Terms and Conditions of Eatizen Membership Program
Your participation in the Eatizen membership program is governed by the terms and conditions of the Eatizen membership program (these "Terms"). By registering as a member of the Eatizen program, you agree that you have read and understood, and are bound by these Terms.
1. Applicability of these Terms
1.1. These Terms are an agreement between Maxim's Caterers Limited ("we", "us" or "our") and you as an Eatizen member. At our absolute discretion, these Terms may be modified from time to time without prior notice to you. We will notify you in advance of material amendments to these Terms if we think fit.
1.2. We will invite our other companies of Maxim's Group to join Eatizen from time to time to provide you with more rewards and offers. The term "Maxim's Group" in the Terms 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.
2. Registration of Eatizen member
2.1. To register as an Eatizen member, an applicant must fill in the required items on the membership registration form on the website, web page, mobile application, computer program, computer software and/or other online or digital platform (as the case may be) ("Platform") operated by us or other company within Maxim's Group relating to their food, beverage, catering services and/or membership program relating to the Maxim's Group. If this Platform is a mobile application, after becoming a member, an applicant must (i) install the relevant mobile application on a device; and (ii) confirm on this Platform after receiving a confirmation code sent by us to the short message service (SMS) inbox of the applicant's phone to enjoy the offers made available on this Platform.
2.2. You undertake and represent that the information provided when registering as an Eatizen member is true, correct and complete.
2.4. We have the absolute discretion to reject, temporarily suspend and/or revoke any application/eligibility for Eatizen membership registration, and temporarily suspend, terminate and/or cancel any Eatizen membership for any reason.
3. Safety and security of Eatizen account and password
3.1. If your device that has the Eatizen account installed is lost or stolen, or you have reason to believe that your Eatizen account has been used by others or the account password has been disclosed to unauthorized person, you shall provide your registered mobile phone number and email to email@example.com to request an immediate suspension of your Eatizen account.
3.2. You are responsible for safekeeping your Eatizen account and password and for ensuring the security of your Eatizen account and password. We are not liable for any loss or damage directly or indirectly caused by and/or related to the loss or theft of your device that has the Eatizen account installed and/or improper use of your Eatizen account or disclosure of account password to unauthorized person.
4. Personal Data
4.1. To become an Eatizen member, you will need to provide the Personal Data marked as "Required" in the Eatizen registration form. If you are unable or unwilling to provide us with complete and correct Personal Data, we may not be able to register you as an Eatizen member or provide you with the goods, services and/or part thereof. Provision of any Personal Data is voluntary.
4.2. You expressly agree and acknowledge that the information (including Personal Data) you provide in relation to the Eatizen program will be used to update your personal information records in any of our Eatizen-related reward program. However, to the extent permitted by law, we shall not assume any responsibility for the accuracy and completeness of such update. Therefore, we encourage you to check whenever necessary and regularly update your Personal Data records under the Eatizen program and/or our other Eatizen-related reward programs.
5. General Terms
5.1. You agree and confirm that you are responsible for all activities of your Eatizen account and will not assign or authorize any third party to use your Eatizen account. You also agree to comply with all applicable laws when using this Platform.
5.2. Except for coupons that are specified by us to be transferable to a third party, all offers and rewards are not transferable.
5.3. We may provide you with new services related to your account from time to time, and such new services are also subject to these Terms and the applicable terms and conditions related to such services.
5.4. You have the right to cancel your Eatizen account. In this connection, please email us at firstname.lastname@example.org or call us on +852 2101 1630 for the application form for cancellation. Upon cancellation of your Eatizen account, you will not be able to enjoy any services and/or offer made available to Eatizen member, all accumulated spending, unused benefits/rewards, e-stamps and not-yet-redeemed rewards shall be forfeited without refund; in addition, you can neither make any claim against them nor transferred them to a third party.
5.5. if we terminate the Eatizen program, we will notify you by posting a notice on https://www.eatizen.com.hk for a reasonable period before the end of the program. Any unused offer and reward will be cancelled; in addition, no refund will be made and you cannot make any claim against them.
5.6. If you have violated or we believe on reasonable ground that you have violated these Terms, we may suspend, cancel or terminate your Eatizen account without prior notice, and/or take action to recover any damage and loss suffered by us, Maxim's Group and/or third-party service provider as a result of and/or in relation to your breach of contract.
5.7. If any provision of these Terms is declared invalid or unenforceable by the court, other provisions of these Terms will not be affected by such invalid or unenforceable provision and continue to have full force and effect.
5.8. Our omission of or delay in taking action against your violation of these Terms does not mean that we waive the right to hold you accountable for such violation and any similar violation of these Terms in the future.
5.9. These Terms 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. The provisions of these Terms 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 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 or resolve problems in accordance with these Terms without the consent of any third party (including any related company under the Maxim's Group).
5.10. If there is any discrepancy between the Chinese and English versions of these Terms, the Chinese version shall prevail.
5.11. In case of any dispute, our decision shall be final and enforceable and binding against you.
5.12. 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.
6. Governing law and exclusive jurisdiction
These Terms 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.
© 2021 All rights reserved
Your use of the website, web page, mobile application, computer program, computer software, and/or other online or digital platform (as the case may be) operated by Maxim's Group for its food, beverage, catering services and/or membership program (referred to as this "Platform") means that you have accepted the terms of this Privacy Statement. If you do not accept to be bound by the following terms, please do not use this Platform. If you complete any form through this Platform and click the "Register", "Submit" or "Confirm" button (as the case may be), it means that you have read in details and understood this Privacy Statement and agreed to how data is collected and used as described in this Privacy Statement. We reserve the right to update or amend the content of this Platform at any time, and may unilaterally amend this Privacy Statement without notice. You should regularly check whether this Privacy Statement has been amended through this Platform because your continued use of this Platform means that you have accepted any change to this Privacy Statement (unless we are required to obtain your prior consent in accordance with relevant laws). "You", "your", "member" and "user" refer to all individuals who access this Platform for any reason or purpose.
1. Collection and use of personal data
When you use this Platform to register as an Eatizen member, update your information, submit application, make enquiry, place an order, make purchase and/or use the goods and/or services of Maxim's Group provided by this Platform, you may be required to provide us with your information, including but not limited to your name, date of birth, mobile phone number, email address, Octopus card number, yuu ID (an unique membership number issued by the yuu Rewards program ( https://www.yuurewards.com/) owned and operated by DFI Development (HK) Limited ("yuu Rewards program")), address, location information and consumption and purchase records (collectively referred to as "Personal Data"). You understand that if you do not provide on this Platform the personal data marked as "Required" in the form relating to the goods and/or services and/or membership program of Maxim's Group (as the case may be), we may not be able to process the matters relating to those goods and/or services and/or register you as an Eatizen member or provide you with member services or products or part thereof. You agree that such information is provided to us by you voluntarily. Apart from you providing the Personal Data directly to us, we may also collect the personal data that you have provided to our Partners (as defined in clause 2 below), for example, consumption and purchasing record (where applicable) under the Partnership Program (as defined in clause 2 below) and such record falls within the definition of Personal Data.
You agree and understand that any and all Personal Data provided to us will be collected and may be used for any and all of the following purposes (collectively referred to as "Purpose"):
(a) For identity verification and records;
(b) To display your personal data when you use this Platform, the Internet and other relevant channels to process your personal data;
(c) For the analysis of your personal data and comparison with personal data of other persons in order to develop our products or services and marketing plans;
(d) To process your membership application and manage your membership account information, including storing communication and contact information;
(e) To compile statistics in relation to the use of this Platform;
(f) To process your enquiries against us, our products, services and/or promotional campaigns;
(g) To handle collection of payment, process any payment instruction and direct fee deduction;
(h) To perform internal control, including calculation of your receivables or arrears, payment or collection of relevant amount to/from you, and collection of any fees or enforcement of the performance of guarantee obligations granted to or by users;
(i) To facilitate day-to-day operation of your account;
(j) To execute your instructions, process your applications, respond to inquiries made by you or on your behalf, and provide you with effective and efficient services;
(k) To provide you with and process pre-order, reservation and/or queuing requests that you put forward to us;
(l) To search for and provide you with the information of our shops or restaurants closest to your place/location;
(m) To provide you with our online shopping and/pr pre-order services;
(n) To operate and manage membership campaigns (including without limitation to member offers, member reward programs) and/or lucky draws we provide from time to time, including updating your personal data records in any campaigns or activities of ours or related to any membership program or lucky draws;
(o) To record your consumption and transaction records through this Platform;
(p) To transfer your personal data to that platform when you process your membership account through other website, web page, mobile application, computer program, computer software and other online or digital platform managed by us; and/or
(q) Any other purpose directly related to any of the above.
(Where applicable) please refer to clause 3 below for matters relating to how we use your Personal Data for direct marketing. Unless your prior consent has been obtained, we will not use the Personal Data for any new purpose other than the abovementioned purposes.
2. Transfer and disclosure of personal data
You acknowledge, agree and authorize that we may transfer and disclose your Personal Data to any of the following -
(a) Any of our members for any of the above Purpose;
(b) Employees who are authorized by us to handle Personal Data for any and all Purpose;
(c) Contractors or agents engaged by us to provide administrative, telecommunication, information technology, billing, insurance, professional services or any other services for any and all of the above Purpose; and/or
(Where applicable) please refer to clause 3 below for matters relating to transfer and disclosure of your Personal Data to any of our member and/or Partners for their direct marketing activities in our direct marketing activities.
You agree that we may transfer and disclose your Personal Data whenever reasonable and necessary to achieve the following purpose:
(i) To disclose in accordance with applicable laws, directions of administrative directives or regulations or from relevant governmental bodies and/or court order;
(ii) To execute or implement the terms of any user agreement on the use of this Platform and the services provided by us;
(iii) To protect our, employees', agents', customers' and users' rights, property or interests; and/or
(iv) In compliance with this Privacy Statement.
Unless your prior consent has been obtained, we will not transfer and disclose the Personal Data for any new purpose other than the abovementioned purposes.
3. Direct marketing activities
Unless we have obtained your prior consent (including an indication of no objection) for Maxim's Group to use and/or transfer Personal Data for direct marketing activities under this clause 3, we (including New Member that joins from time to time) will not use and/or transfer to third party your Personal Data for direct marketing activities.
If you indicate your consent (including an indication of no objection) through this Platform (or other means), we (including New Member that joins from time to time) will use your Personal Data, and/or transfer your Personal Data to any of our members (including New Member) for the following direct marketing and/or promotion purposes that relate to our food, beverage, catering services and/or related program -
(a) To communicate with you and send relevant information in relation to your spending, participation in programs/activities, Eatizen membership and members-only promotional offers, information for reward programs and activities; and/or
(b) To communicate with you and send relevant information in relation to our (including New Member) food, beverage and/or catering services' promotional offers; and/or the promotional offers from the Partner's Partnership Program.
As mentioned before, our member list may change from time to time, please refer to https://www.eatizen.com.hk/allbrands.html for our latest list of members.
If you indicate your consent (including an indication of no objection) through this Platform (or other means), we may also transfer your Personal Data (disregarding for profit or not, as the case may be) to relevant Partner for communicating with you in relation to its Partnership Program, for sending relevant information and for its direct marketing and/or promotion purposes (where applicable).
If you do not wish to receive direct marketing information from us (including New Member) and/or you wish us to stop transferring your Personal Data to our member (including New Member) and/or relevant Partner (where applicable) in the future for the above-mentioned direct marketing purposes, you may at any time send us a request via the following means -
(a) select the option that stops direct marketing through this Platform; or
(b) send an email to email@example.com, or write to us at 18/F, Maxim's Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. (Please indicate your name and mobile phone number for processing the related request and contact purposes).
Once we receive your relevant request, we will stop using and/or transferring your Personal Data to third party for direct marketing as per the request.
4. Storage and security of personal data
We will retain the personal data you provide through this Platform in one or more of our databases within or outside Hong Kong. If your membership is terminated, your Personal Data will be retained and processed in accordance with relevant Hong Kong laws.
We will use various security technologies and procedures to protect your personal data from unauthorized access, use or disclosure. Because of the nature of Internet, we cannot guarantee that data transmission is 100% reliable. However, we will take all practical measures to reasonably ensure that any information collected by us via this Platform will not be intercepted by any third party. However, you must be clearly aware that our advertisers or other websites that place links on this Platform may be collecting your personal data. You must read the relevant privacy policies carefully before providing your information to any third party. The information you provide to any third party has nothing to do with us, and we assume no responsibility therefor. However, if we receive your personal data from a third party, we will retain the information in accordance with our usual security and confidentiality standards.
5. Access and amendment of personal data
You are aware that according to the Personal Data (Privacy) Ordinance (Cap. 486 of the Laws of Hong Kong), you have the right to access or amend your personal data held by us. Upon receiving the relevant request, we will handle the relevant request in accordance with the provisions of that Ordinance. If you wish to access or amend your personal data, please send an email to firstname.lastname@example.org, or write to us at 18/F, Maxim's Centre, No.17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. (Please indicate your name and mobile phone number for identification and contact purposes).
6. Cookies and third-party platforms
7. Use of Website Beacons
We may use Web beacons on this website or other websites and allow third party to place Web beacons on this Platform to monitor the effectiveness of promotion or for other legal purposes. Web beacons are also called "web crawler". It is an object that is embedded in a web page, website document or email which allows monitoring by website owner or a third party on whether a user has viewed a page. It is usually invisible to the user as its size is generally very small (1x1 gif) and has the same color as the background of the web page, document or email. Web beacons are identified as HTML IMG on web pages. Users can click the "View Document" 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 networks use Web beacons to add information about the websites a person has visited in their personal data and decide what advertising banners to add based on such information. Web beacons can also be used to independently track the number of people that have visited a particular website.
8. Links to third parties' websites or applications
Please note that we provide links to third parties' websites or applications as a service to users or acknowledgement of use of third party applications. We are not, however, responsible for the content of or how information is collected by such web pages or third-party applications. We recommend you to read and understand the privacy practices of any such third parties' websites or applications before you submit any information to them.
We do not plan or intend to collect personal data from person below 18 years old (referred to as "Minor") through this Platform. To respect the privacy of Minor, Minor should not provide any personal data via this Platform. If you are a Minor, please ensure that there will be monitoring from parents when using this Platform.
10.1. If there is any discrepancy between the Chinese and English versions of this Privacy Statement, the Chinese version shall prevail.
10.2. 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.
© 2021 All rights reserved