Terms of Use

Welcome to www.maximscakes.com.hk (“this Website”) or Maxim’s Cakes mobile application (“this App”) of Maxim’s Cakes (“Maxim’s Cakes”) operated by Maxim’s Caterers Limited (‘Maxim’s”).

Please read the following terms of use of this Website or this App (“these Terms of Use”) carefully. By accessing and utilizing the services on this Website or this App means that you have accepted these Terms of Use. If you are unwilling to be bound by these Terms of Use, please do not use this Website or this APP. After you have completed any form via this Website or this App and press the button “submit”, “confirm”, “save” or “add”, it indicates that you have read and understood these Terms of Use and agreed to be bound by them. Maxim’s Cakes reserves the right to change or modify the contents of this Website or this App at any time and unilaterally change these Terms of Use without notification. You should regularly check whether these Terms of Use that are binding on you have been revised via this Website or this App, as your continued use of this Website or this App indicates your acceptance of any change to these Terms of Use. There may be other terms or conditions of any agreement that you may have with Maxim’s Cakes for products or services and these Terms of Use do not alter them. “You”, “your” and “users” refer to any person that accesses this Website or this App for any reason.

1. Description of services provided by this Website or this App

Maxim’s Cakes will periodically update the descriptions and prices of all products provided in this Website or this App. All products’ descriptions and prices will be subject to confirmation of order by Maxim’s Cakes. Maxim’s Cakes reserves the right to change or modify the terms and conditions for web or mobile order.

2. Personal use

All the information contained within this Website or this App 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, disseminate, announce, spread, revise, display or sell any of the contents of or the products described in this Website or this App, or any derivative works based on them, or use such works. You agree to indemnify Maxim’s Cakes against any of your unauthorised use of any material used in this Website or this App, defend Maxim’s Cakes and prevent Maxim’s Cakes from any harm. You agree that your unauthorized use of the contents of this Website or this App may result in irredeemable losses to Maxim’s Cakes and in the event of your unauthorised use, Maxim’s Cakes has the right to apply for a restraining order in addition to any other remedies under common law or equity.

3. Data collection statement

When you use this Website or this App, you may have to provide to Maxim’s Cakes your information (including but not limited to your name, gender, age range, contact details and email address) (“Data”). Maxim’s Cakes’ use of the Data will be subject to its Privacy Policy Statement as you accepted on use of this Website or this App. You agree to provide to Maxim’s Cakes such information voluntarily. If the information you provided is incomplete or incorrect, Maxim’s Cakes will be unable to provide or continue to provide related services, or may not allow you to enter or may discontinue your use of this Website or this App. You assure Maxim’s Cakes that the information you provide 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 this Website or this App or its services at the present time or in the future.

4. Promotional activities

Maxim’s Cakes will periodically carry out promotional activities via this Website or this App. If the promotional activity involves winning or accumulating points or other rewards, it will be governed by its rules as published. Maxim’s Cakes will be the final arbitrator of the total number of points awarded according to its records and you shall not dispute such decision.

5. Underage persons

If you are under 18 or considered as underage by law or do not have the ability to enter into a contract or are unable to bear any legal responsibility, and when the using of this Website or this App would give rise to legal obligation or responsibilities, you should not provide any personal information through this Website or this App and will not be allowed to use this Website or this App. If you want to enter this Website or this App, 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 Cakes assumes that all users of this Website or this App 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 cancelling or refusing your access to this Website or this App.

6. Use of materials

The contents of this Website or this App, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website or this App (including the collection, arrangement and compilation of such materials) (“Materials”) are protected by copyright law, trade mark law and other applicable laws. All Materials are the exclusive property of Maxim’s Cakes or the contents provider of this Website or this App. Unauthorised use of any Materials is an infringing act under the copyright law, the trade mark law or other applicable laws. If you make any copy of the Materials, you must retain the notice of copyright, trade mark, service logo or other exclusive rights as used in the original copy. You could only make one copy, and unless otherwise provided, such copy can only be used for personal use, not commercial use. Without any prior written permission from Maxim’s Cakes, you shall not, for any public or commercial purpose, 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.

7. Legal use of this Website or this App

You can only use this Website or this App for legal purposes and cannot use this Website or this App 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 or this App, the Materials and/or products provided in this Website or this App. 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 or this App and shall not interfere with the operation of this Website or this App 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 or this App. You shall also not use this Website or this App or other method to collect the details of other users. Without express permission from Maxim’s Cakes, this Website or this App or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.

8. Limitation of liability

There may be incorrect material or typesetting errors in this Website or this App. Maxim’s Cakes 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 or this App. Maxim’s Cakes does not accept any liability for the contents of other applications or anything uploaded on this Website or this App or linked to this Website or this App, 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 responsible for any consequences resulting from use of this Website or this App or its links. This Website or this App is likely to change at any time or change periodically, so please check related materials regularly. Maxim’s Cakes does not guarantee the following: this Website or this App will be totally free of errors now and in the future, this Website or this App and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website or this App is timely, safe and will not be discontinued. If your use of these Website or App material results in the need to repair or renew equipment or data, Maxim’s Cakes 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 this Website or this App or implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line or mobile communication, soft or hard ware problem (including but not only loss of data or compatibility problems), theft or resulting from damage or changes to this Website or this App, whether or not as a result of the use of this Website or this App or uploading or downloading of this Website’s or this App’s data, text, images or other materials or data, and regardless of whether Maxim’s Cakes has been notified of the likelihood of such damage, Maxim’s Cakes and any third party mentioned on this Website or this App shall not, within the legally allowed scope, bear any liability.

9. Compensation

In the event of any compensation claim, 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 Cakes, Maxim’s and their affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.

10. 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.

11. Applicable law

These Terms of Use shall be interpreted according to the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and be governed by Hong Kong laws. You agree to submit to the jurisdiction of Hong Kong courts for any disagreement, dispute or claim between Maxim’s Cakes and you.

© Maxim’s Caterers Limited 2013