Terms of Use
2014-11-5

Welcome to www.hkday.com.hk (“this Website”) operated by Maxim’s Caterers Limited trading as Hong Kong Day (“Hong Kong Day”). Please read the following terms of use of this Website (“these Terms of Use”) carefully. By accessing or utilizing services of this Website 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. If you complete and submit any form via this Website, it indicates that you have read and understood these Terms of Use and agreed to be bound by them. Hong Kong Day reserves the right to change or modify the contents of this Website 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, as your continued use of this Website indicates your acceptance of any change to these Terms of Use. There may be other terms or conditions of agreement that you may have with Hong Kong Day for products or services and these Terms of Use do not alter them. “You” and “users” refer to any person that accesses this Website for any reason.
  1. Description of services provided by this WebsiteThis Website provides information about Hong Kong Day, food menu, news and promotion,and how to contact us.
  2. Personal UseAll the information contained within this Website 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 information of the products described in this Website, or any derivative works based on them, or use such works. You agree to indemnify Hong Kong Day against any of your unauthorized use of any material from this Website, defend Hong Kong Day and prevent Hong Kong Day from any harm. You acknowledge that your unauthorized use of the contents of this Website may result in irredeemable losses to Hong Kong Day and in the event of your unauthorized use, Hong Kong Day have the right to apply for a restraining order in addition to any other remedies under common law or equity.
  3. Data collection statementWhen you use this Website, you may have to provide to Hong Kong Day your information(including but not limited to your name, gender, age range, contact details and email address) (“Data”). You agree to provide to Hong Kong Day such information voluntarily. If the information you provided is incomplete or incorrect, Hong Kong Day will be unable to provide or continue to provide related services, or may not allow or may discontinue your access to this Website. You assure Hong Kong Day that the information you provide to Hong Kong Day is correct, truthful, valid and complete. Hong Kong Day has the right, without notice, to refuse to allow you to use or to discontinue your use of this Website or its services at the present time or in the future. Please check here for details of our Privacy Policy Statement.
  4. Promotional activitiesHong Kong Day may periodically carry out promotional activities via this Website. If the promotional activity involves winning or accumulating points or other rewards, it will be governed by its rules as published. Hong Kong Day 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 personsIf 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 using this Website would give rise to legal obligation or responsibilities, you should not provide any personal information through this Website and will not be allowed to use this Website. If you want to access this Website, you must seek the approval of your parent or guardian regarding the legal implications of these Terms of Use and the consequences that entail. Hong Kong Day assumes that all users of this Website are of legal age. Hong Kong Day is not obliged to check the user’s but if it is found that any user is underage, Hong Kong Day reserves the right to take action against such user or his/her parent/guardian, including refusing or discontinuing his/her access to this Website.
  6. Use of materialsThe contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trade mark, software and other materials and all the materials of this Website (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 Hong Kong Day or the contents provider of this Website. Unauthorized 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 Hong Kong Day, 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 the Materials in any other way.
  7. Legal use of this WebsiteYou can only use this Website for legal purposes and cannot use this Website 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, the Materials and/or information of the products provided in this Website. 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 information of the product provided in this Website and shall not interfere with the operation of this Website 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. You shall also not use this Website or other method to collect the details of other users. Without express permission from Hong Kong Day, this Website or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.
  8. Limitation of liabilityThere may be incorrect material or typesetting errors in this Website. Hong Kong Day 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. Hong Kong Day does not accept any liability for the contents of other websites or anything uploaded on this Website or linked to this Website, 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 its links to the websites. Hong Kong Day does not guarantee the following: this Website will be totally free of errors now and in the future, this Website and its server will always be free of computer viruses or other harmful function, that any shortcoming will be corrected or that this Website is timely, safe and will not be discontinued. If your use of this Website and/or its Materials results in the need to repair or renew equipment or data, Hong Kong Day 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 implementation failure, error, omission, discontinuation, deletion, shortcoming, delay in operation or transmission, computer virus, communication cable malfunction, interception of on-line 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 whether or not as a result of the use of this Website or uploading or downloading of this Website’s data, text, images or other materials or data, and regardless of whether Hong Kong Day has been notified of the likelihood of such damage, Hong Kong Day and any third party mentioned on this Website shall not, within the legally allowed scope, bear any liability.
  9. CompensationIn 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 act or inaction in contravention of these Terms of Use, the user agrees to compensate Hong Kong Day and its affiliates, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.
  10. SeverabilityIf 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 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 lawThese 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 Hong Kong Day and you.
© Maxim’s Caterers Limited 2014

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