1. Interpretation and definitions

 

1.1 Access, utilisation, registration and/or job application on the Maxim’s Career Website (“Website”) are governed by the following terms and conditions read in conjunction with the laws of the Hong Kong Special Administrative Region of People Republic of China (“Hong Kong”) and are subject to the jurisdiction of the Courts of Hong Kong.

 

1.2 The headings of the clauses in the terms and conditions are provided for convenience and ease of reference only and will not be used to interpret or modify the terms of the conditions.

 

1.3 "User" means any person who accesses or uses the Website, which includes visiting or browsing the Website.

 

 

2. Acceptance of terms and conditions

 

2.1 The terms and conditions govern the use of Website, including the application to register and the online application for potential employment positions.

 

2.2 The terms and conditions constitute a binding agreement between the user and Maxim’s.

 

2.3 The current version of the terms and conditions applicable at the time the user visits the Website becomes binding each time the user visits the Website. Users must familiarize themselves with the current terms each time when using this Website.

 

2.4 In the event that the user does not agree with any or all of the terms and conditions herein, he/ she must leave the Website immediately, thereby indicating non-acceptance of the terms and conditions and the intention not to continue with the application.

 

2.5 Should the user however proceed with the application, such act will automatically be construed as an acceptance of all the terms and conditions, expressed and implied herein.

 

2.6 These terms and conditions constitute the entire agreement between the user and Maxim’s and takes precedence over any other terms contained in any other communications received by the user. Maxim’s failure to exercise or enforce any of its rights in terms hereof, should in no way be construed as a waiver of any rights it may have. These terms can only be amended in writing required both parties' signature.

 

2.7 Any term and condition found to be unenforceable or invalid for any reason whatsoever shall be severable from the remaining terms and conditions, the remainder of which continues to be enforceable and applicable.

 

2.8 Maxim’s may amend the terms and conditions and the Website’s privacy policy from time to time without prior notice to the user. The user is bound to the most recent version of the online terms and conditions that are published on the Website. Personal details provided to Maxim’s through this Website will only be used in accordance with our privacy policy. Please read this carefully before going on. By providing your personal details to us you are consenting to its use in accordance with our privacy policy.

 

 

3. Terms of use of the Website

 

3.1 The user may search and browse the Website for potential vacancies.

 

3.2 The user may apply for specific vacancies on the Website and /or upload his or her curriculum vitae as indicated on the Website.

 

3.3 The user may complete the necessary information required to be registered on the database for potential vacancies that may arise.

 

3.4 The user is personally responsible for the maintenance of and/or updates of his/her personal profile and /or any information uploaded on the Website by him/her.

 

3.5 The user agrees and acknowledges that the information provided by him/her and uploaded on the Website is reliable and materially and factually correct in all respects, failing which Maxim’s may delete his/her profile or prevent him/her from re applying for further potential and/or actual vacancies. He/she can also be disqualified from participation in any interview process. Should the person already have been employed and any of the information provided by him/her prove to be materially incorrect such would constitute misrepresentation for which appropriate steps can be implemented, including disciplinary action and dismissal.

 

3.6 Maxim’s may contact a registered user in accordance with the contact method specified by the user, during the registration process or the update of the user's profile.

 

3.7 The user's failure to respond to requests from Maxim’s to renew his/her registration on the Website within stipulated time periods may result in the permanent removal of the user's profile from the Website.

 

3.8 Nothing on the Website constitutes an offer and/or promise and/or guarantee of employment. The Website merely constitutes an invitation to apply for a potential position and/or to become part of a pool/database of potential candidates.

 

3.9 Only applications of potential candidates with the relevant skills, experience and qualifications, which have been successfully and correctly completed, will be considered for advertised or potential vacancies, subject to the Maxim’s recruitment process. Failure to provide Maxim’s with complete and accurate information and documentation may cause the user's online application for registration or a potential position to be rejected.

 

3.10 Notwithstanding electronic and /or other communication from Maxim’s, the user is personally responsible for applying for advertised vacancies prior to the closing date specified, failing which the application will not be considered for the vacancy so advertised.

 

3.11 Maxim’s may contact upon receipt of the user's application for employment, character and/or employment references details of which were provided and educational institutions and/or any other relevant institution in order to verify without limitation the user's employment history, personal credentials, academic records, academic qualifications and/or relevant criminal records.

 

3.12 Should the user do anything that places Maxim’s at risk, Maxim’s may terminate the use of the Website by the user or take such other steps that it may deem necessary in the particular circumstances.

 

3.13 Maxim’s may change the information on the Website, including but not limited to the positions, products, services, or other offers mentioned, at any time without notice.

 

3.14 Maxim’s has the right to limit the size of attachments and/or other files uploaded by the user on the Website.

 

3.15 The user is prohibited from posting or transmitting any threatening, obscene, defamatory, unlawful or otherwise offensive material on the Website in which event Maxim’s reserves the right to including but not limited to immediately remove those materials from the Website but claiming damages from the user, or instituting legal proceedings against the user or taking any other action it may deem necessary and available to it in law.

 

 

4. Registration and completion of the online application form

 

4.1 When the user registers on the Website to complete his/her job application, he/she must fill in and provide an email address to Maxim’s. After the user submits his/her application, Maxim’s will send to his/her email address a tokenized link and access code for the user to retrieve, edit ormodify his/her job application and upload his/her own personal documents including curriculum vitae, academic and job certificates etc. In doing so Maxim’s is entitled to assume that the person using the Website is the user. The user is solely responsible to secure and safeguard the confidentiality of his/her tokenized link and access code. Maxim’s accepts no responsibility for the user's failure to do so. For those users without providing his/her email address to Maxim’s when submitting his/her job application, he or she will not be allowed to perform the above function over the Website.

 

4.2 The functionality on the Website allows the user to start completing an application form, save that application form and then go back to complete and submit it at a later stage. However, Maxim’s only stores application forms for a period of [24 months from the date the application form was first saved by the user. After the expiry of a period of [24] months Maxim’s will delete all the information submitted by the user and he/she will need to complete the application form again.

 

 

5. Privacy, security and cookies

 

5.1 Maxim’s is committed to taking all reasonable steps to protect the privacy and security of the user's personal data submitted via the Website. Personal data defined in the Personal Data Privacy Ordinance (“PDPO”).

 

5.2 While Maxim’s has taken security precautions to protect the privacy of information submitted by the user, Maxim’s cannot guarantee the security or confidentiality of the user's information against hackers, other attacks, or other security failures. Information that is transmitted over the Internet may be susceptible to unlawful access and monitoring. Maxim’s will not wilfully and without the user's consent disclose his/her information to any third party other than in accordance with this privacy statement, unless Maxim’s is legally obliged to do so. There are inherent risks associated with the electronic transmission of information and the user should make their own assessment of the potential risks to the security of their information when deciding to use this website.

 

5.3 The user hereby agrees to and acknowledges Maxim’s right to intercept, block, filter disclose, delete and use all communications sent by the user to the Website.

 

5.4 Maxim’s processes personal and private information relating to applicants seeking employment with Maxim’s for the sole purpose of managing the application and recruitment process and for related human resources purposes. By submitting personal and private information, the user grants Maxim’s the right to use his/her personal and private information for the purposes stipulated. In addition, the user grants Maxim’s the right to use his/her personal and private information for validation purposes in order to select qualified employment applicants. As part of employment purpose, the personal and private information may be processed by Maxim’s and disclosed to Maxim’s group companies for suitable vacancy.

 

5.5 Personal and private information is collected from the user when he/her completes the on line application form available on the Website. Maxim’s only has access to the information that the user supplies on the online application form.

 

5.6 The information submitted by the user is protected by access code and can only be edited and modified by the user when he/she login using his/her access code. Once the user has registered, Maxim’s can take no responsibility for the protection of the user's access code.

 

5.7 Maxim’s takes reasonable steps to ensure that the information provided by the user is maintained in an accurate and complete fashion. Maxim’s provides the user with the ability to examine his/her personal information submitted as part of the online application process and to amend the information by editing, deleting, or appending his/her information on the Website provided that the user has provided his or her own email address to Maxim’s when submitting his or her online job application.

 

5.8 During your use of the Website, we may issue to and request from your computer blocks of data known as "cookies". You must not alter any cookies sent to your computer from the Website and you must ensure that your computer sends correct and accurate cookies in response to any relevant request from the Website.

 

5.9 It is the user's responsibility to review his/her information and to ensure its accuracy. Any queries regarding the user's personal information or the Website may be referred to hrrecruitment@maxims.com.hk

 

 

6. Third party websites

 

For the user's convenience the Website may from time to time refer to or provide information compiled by third parties, alternatively supply hyperlinks to web sites which are not controlled by Maxim’s .Such reference or hyperlink do not imply any endorsement, agreement on or support for the content of such information. Maxim’s does not editorially or otherwise control the content of such third party information or target site and shall not be liable in any manner whatsoever for the quality and or correctness of the third party information. Maxim’s shall also not be liable in any manner whatsoever for the access to or inability to access such third party information or target site. Maxim’s can therefore not be held responsible for any loss or damage the user may suffer, directly or indirectly, as a result of using and accessing a third party website.

 

 

7. Disclaimer and limitation of liability

 

7.1 All information on the Website is provided for the user's convenience and information purposes only. The information is not intended to constitute professional advice about the user's career or otherwise and the user is encouraged to obtain professional advice before taking any course of action related to information contained on the Website.

 

7.2 While Maxim’s has taken all reasonable steps to ensure that the information available or published on or via the Website is correct and current, Maxim’s does not warrant that the positions advertised have not been filled or that information in relation thereto is correct.

 

7.3 The material on the Website is provided "as is" and Maxim’s, nor any of its employees, nor any of its affiliated companies, nor any of their employees, make any warranty, expressed or implied, or assume any legal liability (to the extent permitted by law) or responsibility for the accuracy or completeness of any information contained on this site. It is the user's responsibility to be satisfied that the content meets the user's individual needs and is compatible with his/her computer hardware and or software.

 

7.4 Maxim’s provides no warranties in relation to the Website or any information, provided on the Website. Maxim’s cannot warrant that the user's application for employment will be successful.

 

7.5 Maxim’s provides no warranties that the Website will be available at all times. The user hereby acknowledges that the Website may be unavailable due to updates or other reasons beyond the reasonable control of Maxim’s.

 

7.6 To the extent permitted by law, in no event shall Maxim’s be liable for any direct, special, indirect or consequential damages or any damages whatsoever, whether in an action for breach of contract or otherwise, arising out of or in connection with the performance of or the use of, or inability to use, the information available on this Website. This includes, but is not limited to, the loss of data or loss of profit, even if Maxim’s was advised of the possibility of such damages.

 

 

8. Maxim’s intellectual property right

 

Maxim’s owns all the intellectual property rights in the domain name and content of the Website and everything that is published on the Website. The content constitutes Maxim’s' confidential information and may not be used or reproduced other than to consider joining Maxim’s or applying for a potential position. Under no other circumstances may any content of the Website be used for any other purpose, directly or indirectly, for commercial purposes. The user agrees to indemnify Maxim’s for any loss or damage suffered if he/she infringes Maxim’s intellectual property rights or breaches the provisions of this clause. The user may not insert a hyperlink to any part of the Website or frame any content of the Website without Maxim’s prior written permission.

 

 

9. Miscellaneous

 

9.1 An automated or manual acknowledgement of receipt by Maxim’s of an electronic message shall not constitute a formal acceptance of any offer made by the user to Maxim’s.

 

9.2 An electronic message is deemed to have been sent by Maxim’s, at the time indicated on the electronic message as having been sent or, if not so indicated, at the time indicated on the Maxim’s computer system as having been sent.

 

9.3 An electronic message shall be attributed to the user, if it purports to have originated from the user or from a computer, IP address or mobile device normally used by the user or owned by the user, irrespective of the fact that someone else may have impersonated the user or whether the electronic message sent to Maxim’s resulted from an error or malfunction in the communication system.

 

 

The English translation of this document shall prevail if there is any inconsistency between the English and Chinese version.

 

 

 

Terms and Conditions