Terms & Policies
Thank you for using www.galamax.com.hk (“Website”), the official website of Maxim’s Caterers Limited trading as “GalaMax Catering” (“GalaMax”).
Please read these terms of use of this Website carefully (“TOU”). By using this Website, you accept and agree to be bound by these TOU and our Privacy Policy, which can be found at https://www.galamax.com.hk/en/terms-and-policies/privacy-policy. For the avoidance of doubt, the term “TOU” herein shall be deemed to include the Privacy Policy. If you do not accept these TOU, please do not use this Website and please immediately cease to continue to use this Website (if applicable). If you complete any form via this Website and click the “send enquiry” button (as the case may be), it also indicates that you have read and understood these TOU and agreed to be bound by them.
1. Introduction
a. This Website provides information about us, including, but not limited to, information about our history and milestones, footprints, businesses, corporate social responsibility and sustainability development, delicacies, cuisine repertoire, menus and other products and services, news, promotions and how to contact us.
b. This Website is intended to be accessed by individuals located in Hong Kong only. Unless specified otherwise, we make no representation that any product or service referred to on this Website is available, or appropriate for use, for any other location.
c. Without prejudice to the foregoing, the information provided on this Website is not intended for distribution to, or use by, any person in any jurisdiction where such distribution or use would be contrary to law or regulation. If you are not located in Hong Kong, you should refrain from accessing or using this Website.
2. Collection and Use of Personal Data
a. When you use this Website, you may have to provide to us your information, including, but not limited to, your name, phone number, email address and business name (“Personal Data”). You agree to provide such information to us voluntarily. Any such Personal Data provided to us shall be subject to our Privacy Policy.
b. If the information you provided involves the personal information of a third party, you confirm that you have legally obtained the information with the approval of the relevant third party to provide the information to us, and the relevant third party has agreed to these TOU.
c. If the information you provided is incomplete or incorrect, we may be unable to provide or continue to provide the related services, or we may have to discontinue your use of this Website or its services.
d. You warrant that all the information you provided to us is correct, truthful, valid and complete. You also agree to immediately inform us when there is any change to the Personal Data provided to us. We have the right to, without giving any prior notice to you, cancel your registrations (if applicable) and/or refuse to allow you to use this Website or its services at any time.
e. For details relating to the collection, retention, storage and disclosure of Personal Data by us, please refer to our Privacy Policy https://www.galamax.com.hk/en/terms-and-policies/privacy-policy.
3. Direct Marketing Communications
a. We may not use your Personal Data in direct marketing unless we have received your express consent.
b. If you would like to receive news updates of our products and our other promotional or marketing events or materials, please tick the box of consent in the “Event Enquiry” page https://www.galamax.com.hk/en/event-booking and click the “send enquiry” button.
c. By ticking the box of consent and clicking the “send enquiry” button, it indicates that you have read and understood these TOU (including the Privacy Policy), and agreed to how Personal Data are collected and used as provided herein, and you will then be added to our mailing list.
d. If you no longer wish to receive any such news update from us, please send us your request with your name and contact details to our Data Privacy Officer via email at: dataprivacyoffice@maxims.com.hk or by post to Data Privacy Officer, Maxim’s Caterers Limited, 18/F, Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong. Please note that if you opt out of receiving direct marketing communications, you will not receive any news in relation to our discount offer or promotion.
4. Arome, Maxim’s Cakes, yuu or Eatizen membership
If you are a member of Arome, Maxim’s Cakes, yuu or Eatizen, or if you intend to apply for Arome, Maxim’s Cakes, yuu or Eatizen membership, the respective terms of the relevant Arome, Maxim’s Cakes, yuu or Eatizen membership shall be applicable, which can be located as follows:
a. Arome website: https://www.aromebakery.com.hk/tc
b. Maxim’s Cakes website: https://www.maximscakes.com.hk/tc
c. yuu Rewards Program website: https://www.yuurewards.com
d. Eatizen website: https://www.eatizen.com.hk
5. Minors
a. This Website does not plan or intend to collect Personal Data from anyone below 18, or any person who does not have full capacity to enter into a contract (the “Minors”).
b. If you are a Minor, you should not provide any Personal Data or use any function on this Website, including, but not limited to, news subscription, online ordering and membership application.
c. If you are a Minor and want to access and browse this Website, you must seek the approval of your parent or guardian regarding the legal implications of these TOU and the consequences that entail.
d. We are not obliged to confirm a user’s age but if it is found that any user is a Minor, we reserve the right to take action as we considered appropriate, including, without limitation, refusing his/her access to this Website or cancelling his/her subscription or membership with us (where appropriate).
6. Copyright
a. The Contents are protected by copyright law, trade mark law and other applicable laws. All Contents are the property of GalaMax or (where applicable) our website content provider(s) or our licensors.
b. Unauthorised use of any Contents may constitute an infringing act under the applicable copyright law, the applicable trade mark law or any other applicable laws.
c. Except as expressly provided for herein, you shall not be entitled to any right or interest in the Contents.
7. Conditions of Use
a. You can only use this Website for individual private use only.
b. Unless otherwise agreed by us in writing, you are not authorised to use this Website or make any reference to any of the Contents:
(i) for commercial purposes, other than for the purpose of placing an order with us:
- as a direct and ultimate commercial customer; or
- or and on behalf of a direct and ultimate commercial customer;
(ii) for the purpose of advertising or promoting a product, service or other subject or item; or
(iii) to give the impression that it is endorsed, supported by or associated with this Website or GalaMax.
c. without prejudice to the foregoing, you can only use this Website and the Contents for lawful purposes. Unless expressly agreed by us in writing, you shall not in any way, nor cause any third party to:
(i) make or distribute copies of any Contents;
(ii) disseminate, announce, spread, revise, display, sell, rent, lease, lend or license any of the Contents or any of the products described therein;
(iii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, post, publish, transmit, transfer, exchange or translate any part of this Website or the Contents;
(iv) create derivative works of any kind whatsoever from any part of this Website or the Contents;
(v) infringe the intellectual property rights of any person through this Website;
(vi) invade or infringe the privacy of other users or acquire their identities or any other personal details through this Website;
(vii) interfere with the operation of this Website or breach the security of this Website; or
(viii) use this Website or other unauthorised methods to collect details of other users or parties.
d. We have the right, without any notice to you, refuse to allow you to use this Website if we are aware of or suspect an interference with the operation of this Website or a breach of the security of this Website.
e. Users are responsible for complying with all the applicable laws (including, without limitation, all the applicable copyright law). Users are not permitted to set up a link to this Website (or any part thereof), or to frame this Website (or any part thereof) without our express written permission, provided always that any such linking or framing (if permitted by us) must be carried out in a way that is fair and legal and does not damage or take advantage of our reputation.
f. We have the discretionary right to rescind any agreement made or revoke any approval granted under this Clause 5 at any time.
8. No Warranties
a. Notwithstanding anything contrary in these TOU, the Contents on this Website are provided on an “as is” and “as available” basis and is for general information only.
b. No express or implied warranty or representation of any kind (including, but not limited to, warranty as to the accuracy, correctness, reliability, completeness, adequacy, timeliness or fitness for any particular purpose) is given with respect to any Contents on this Website.
c. Without limiting the foregoing, we do not guarantee that:
(i) this Website, any Contents or the Website server will always be free of errors or any other harmful function such as bug or virus;
(ii) this Website will be updated;
(iii) the use of this Website will achieve any particular result; and
(iv) this Website is accessible at all times and will not be discontinued.
d. For the avoidance of doubt:
(i) any product information (such as images) on this Website is for reference only and there is no guarantee that any product will correspond exactly to the pictures of the product on this Website (if any) or elsewhere;
(ii) although we make reasonable effort to display images on this Website as accurately as possible, the appearance of images displayed on your device may be affected by colour, screen or display defaults or technological limitations that are beyond our control;
(iii) we cannot guarantee that any product as displayed will be free from any particular allergens or animal ingredients due to, for example, potential cross contact with other ingredients in the kitchen; and
(iv) availability and prices of products may vary at individual outlets.
e. Communications over the Internet may be subject to interruption and delay, and may not be entirely secure, due to the nature of the Internet. We are not responsible for any loss, or damages howsoever arising out of or in connection with any transmission to or from this Website over the Internet or where any part of the Contents is not transmitted. We are also not responsible for any expenses incurred by you in accessing or using this Website, such as any Internet fees charged by your Internet service provider. For the avoidance of doubt, you are responsible for ensuring that your device meets the necessary technical requirements to access this Website.
f. None of the Contents is intended to amount to advice on which you should or may rely. Any reliance you place on such information is strictly at your own risk.
9. Limitation of Liability
a. To the maximum extent permitted by law, we 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 any use, inability to use, or reliance placed on any Contents on this Website by you or any other visitor to this Website, or by anyone who may be informed of any of its Contents.
b. If your use of any of the Contents results in the need to repair, replace or renew any equipment, software or data, we accept no liability for any resulting expenses or losses, to the maximum extent permitted by law.
c. For the avoidance of doubt, to the maximum extent permitted by law, the disclaimer in paragraph (a.) above includes but is not limited to:
(i) 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 we have been notified of the likelihood of such damage; and
(ii) 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 this Website.
d. In no event shall we or any Associated Party be held liable for any liability or damages resulting directly or indirectly from any force majeure events.
e. Nothing in this Clause 7 intends to exclude or restrict our liability for fraud or death or personal injury caused by our negligence, or any liability that cannot be excluded or restricted as a matter of the applicable laws.
f. If, notwithstanding the terms of these TOU, we and/or any Associated Parties are found to be liable to you for any damages or compensation, the maximum total liability of us and the relevant Associated Parties shall be the price you paid to us (if any) in respect of the relevant product or services which give rise to such liability, to the maximum extent permitted by law.
10. Compensation
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 your breach of these TOU or illegal behaviour (“Loss”), you agree to indemnify, defend and hold us and our Associated Parties harmless from any Loss.
11. Hyperlinks to Third-party Websites and Platforms
a. This Website may contain links to other websites or applications published or operated by us or Group Companies. The access and use of such other websites shall be subject to the terms and conditions of the relevant websites or applications. Any use of or access to such websites and applications or their products and services is solely at your own risk.
b. This Website may also contain links to third-party websites or applications which are not in any way under our or any Group Company’s control. For the avoidance of doubt, this Website may provide links to third-party websites or platforms, such as Instagram or Facebook. We do not indicate explicitly or implicitly any endorsement, approval, recommendation or preference of or for those third-party websites and applications, the products and services provided on them or any information you may obtain from them.
c. Different terms and conditions may apply to your use of such third-party websites and applications and you are advised to review such terms and conditions prior to usage. Any use of or access to those third-party websites and applications or their products and services is solely at your own risk. We do not accept any liability for the contents of such third-party websites, applications or items uploaded on this Website or linked to this Website. You shall be solely responsible for any consequences resulting from use of this Website and any such third-party websites, applications or items.
12. Interpretation
Clause headings and examples are provided for reference purposes only to facilitate understanding of these TOU. They are not intended to define or limit the scope or extent of any clause.
13. No waiver
Our failure or delay in exercising any right or power under these TOU shall not in any circumstances impair any of our right or power nor operate as a waiver of it.
14. Assignment
We may assign our rights and obligations under these TOU. You may not assign your rights and obligations under these TOU except with our written approval.
15. Severability
If any provision of these TOU, in any situation, is in any respect or for any reason found to be invalid, illegal or unenforceable, the effectiveness, legality and enforceability of the remaining provisions of these TOU shall not be affected in any respect and shall continue in full force and effect.
16. Amendments
We reserve the right to unilaterally change these TOU at any time as and when we consider appropriate and without notification at our sole and absolute discretion. The amended TOU are effective from the date they are published on this Website.
17. Miscellaneous
a. Save that the Associated Parties of GalaMax may rely on the Contracts (Rights of Third Parties) Ordinance (Chapter 623) to enforce their rights under these TOU, the application of the Contracts (Rights of Third Parties) Ordinance (Chapter 623) is expressly excluded and no terms of these TOU are enforceable by any person not being a party to them.
b. In the case of any disputes, we reserve the right of final decision on all matters, which shall be binding on all the parties concerned.
c. If there is any discrepancy between the English version and any other language version of these TOU, the English version shall prevail.
18. Applicable Laws and Jurisdiction
These TOU shall be interpreted according to the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and be governed by the Hong Kong laws. You 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 these TOU.
19. Contact
If you wish to contact to request for technical support and other matters regarding this Website or these TOU, please send your written request to the following address:
Email: info@galamax.com.hk
Address: Maxim’s Caterers Limited trading as “GalaMax Catering” (“GalaMax”) 18/F, Maxim’s Centre, No. 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong
20. Definition
Unless the context otherwise requires, in these TOU:
a. “Associated Parties” shall mean and include (jointly and severally) any and each of the Group Companies, and any and each of their respective principals, owners, members, shareholders, partners, directors, senior employees, officers, employees, contractors, and/or agents, and/or other joint brand owners and/or partners of Maxim’s;
b. “Contents” shall mean any content or material on this Website, including, but not limited to, text, diagrams, images, music, symbols, graphic buttons, links, HTML code, trade mark, software, and all and any other materials of this Website (including the collection, arrangement and compilation of such materials);
c. “Group Company(ies)” shall include any entity which is a direct or indirect holding company, subsidiary, subsidiary undertaking, parent undertaking, associated company, affiliated company or related company of Maxim’s, including, but not limited to, any entity, unit or organization within the Maxim’s group;
d. “We”, “us” and “our” shall refer to “GalaMax”; and
e. “You”, “your”, and “users” shall refer to any person and/or entity that accesses this Website for any reason or purpose.