The following terms apply to the use of the Supplier Portal of Maxim’s Caterers Limited (“Maxim’s”). The Maxim’s Supplier Portal (“supplier portal”) serves as a communication platform for business relationships between Maxim’s and the Suppliers (as defined below). By registering in our supplier portal, you expressly agree to accept and comply with all these Terms of Use and its amendments from time to time. If you do not accept these Terms of Use, you must refrain from registering, accessing, browsing or otherwise using the supplier portal.
2.1 Confidential Information shall mean all business data and information including without limitation to the production data, invoice, price with confidential and sensitive nature.
2.2 Supplier – Within the context of these Terms of Use, Supplier are companies that have business relationships with Maxim’s.
3.1 The supplier portal is operated by a third party service provider, namely GS1 Hong Kong Limited (“GS1”). Electronic messages can be received and sent through the supplier portal by the Supplier. Maxim’s and GS1 assume no liability for the function or the availability of the supplier portal.
3.2 The Supplier is free to use its own service providers for the transmission of electronic messages from the supplier’s portal (interface) to its owned systems. It is the Suppliers’ own responsibility to commission, instruct, supervise and compensate his own service providers.
4.1 In order to maintain the security of business transactions, access to use the supplier portal is restricted to registered supplier.
4.2 When the Supplier applies through the supplier portal, it is required to complete the registration form truthfully and correctly. Once registration is completed, the Supplier will be notified by email of the approval or rejection of its registration to use the supplier portal. If approved, the Supplier will be provided with a username and initial password.
4.3 The Supplier is obliged to provide complete, correct and truthful information and to update any subsequent changes in the supplier portal without delay.
4.4 With registration, the Supplier confirms and undertakes that it is performing a commercial or professional activity. Maxim’s and/or GS1 are authorized to refuse registration with or without provision of any cause, particularly when the Supplier makes false, incorrect or misleading statement.
4.5 Maxim’s and GS1 must be notified by Supplier immediately upon the loss of login username or password, or when it is suspected that the data has been misused. If Maxim’s and/or GS1 become aware of a loss of login data or possible misuse of the service, Maxim’s and/or GS1 are permitted to take the necessary countermeasures and, particularly in the case of misuse, to exclude the respective user from using the portal again. To ensure that notifications from Maxim’s and/or GS1 are received promptly, you must be able to access and respond to e-mails at your specified e-mail address. Maxim’s and/or GS1 shall not bear any liability for any loss or damage incurred by the Supplier for such exclusion from user and/or delay in receiving notification.
4.6 The Supplier has to handle the login username and password with all due care and keep them secret and must not transfer to any third party. The Supplier agrees to accept responsibility for all activities that occur under its account or password and is liable for any losses and consequences arising from such activities.
5.1 Maxim’s and GS1 are authorized to use all data in the supplier portal provided by the Supplier solely for performing the services under the supplier portal but will not be disclosed to any third party without the written consent of the Supplier.
5.2 Maxim’s and/or GS1 are authorized, upon receipt of knowledge of illegal and/or prohibited content, to immediately block and remove the content. Maxim’s and/or GS1 can further block the usage data if the Supplier violates these Terms of Use or any other contractual obligations during use of the supplier portal. Maxim’s and/or GS1 shall not bear any liability for any loss or damage incurred by the Supplier for such blockage and/or removal.
6.1 To facilitate the use of the supplier portal for the Supplier, cookies as well as cookies can be used to temporarily store all information entered.
6.2 Maxim’s and GS1 bear only the costs and liabilities for the operation of the supplier portal. Costs and liabilities for modules or interfaces desired by the Supplier are to be borne by the Supplier solely.
6.3 Electronic message are deemed as received when they are accessible on the receiving computer. It is the Supplier’s duty to ensure the transmission and receipt of electronic message work. Upon receipt of an unreadable electronic message, the receipt shall immediately notify the identifiable sender. If no notification is provided, the content of the unreadable electronic message becomes binding.
7.1 The Supplier is obliged to comply with these Terms of Use and procure those authorized or engaged party to use the supplier portal to also comply with these Terms of Use.
7.2 The Supplier is responsible for providing and maintaining the equipment and technology necessary for use of the supplier portal. This applies particularly to all required devices, data-transmission lines, telecommunication services, and to the acquisition of browsers. The Supplier must conclude their contracts with any third parties in its own name and at its own costs as well as ensure observance of applicable law.
7.3 The Supplier is not authorized in any way to manipulate the functions of the supplier portal. The Supplier should not make any entries or transmit any data that contain or may contain virus or executable program codes and/or that are suitable for damaging, viewing, querying, forwarding, or deleting data or systems or providing unauthorized parties access to data systems or areas. The Supplier may not use any mechanisms, software, or other routines that can interrupt or overload the supplier portal. If such interruption and/or overloading have been found, Maxim’s and/or GS1 is entitled to immediately block and remove the the transmission. Maxim’s and/or GS1 shall not bear any liability for any loss or damage incurred by the Supplier for such blockage and/or removal.
7.4 Access data must be protect from third-party knowledge, access and use. The Supplier is liable to any losses or damage due to unauthorized use.
7.5 The Supplier ensures the ability to receive emails through the email address specified by the Supplier in the master data. The Supplier therefore ensures that the address data, applicable to its will always be current and valid.
7.6 Any offers or announcements of the Supplier that violate law, regulation and/or legal rules are prohibited.
7.7 The Supplier is not authorized to modify, publish, transfer, save or reproduce the supplier portal or portions thereof, nor to produce, distribute, or display derived content, nor to utilize the services and information in any other way. The Supplier is obliged not to violate commercial protective rights, copyrights or any other rights of other parties including Maxim’s and GS1.
7.8 Maxim’s and GS1 are under no obligation to archive data and documents. The Supplier must take corresponding technical measures at its own expense to archive any information and documents that are required.
7.9 The Supplier is obliged to maintain the secrecy of all commercial secrets or other confidential information attained during its business relationships.
8.1 The supplier portal was developed by GS1 and is protected by copyright laws. The Supplier use the information provided only under these Terms of Use and only for the Supplier’s own benefit. Any use of the information and results obtained for purposes that goes beyond the supplier and Maxim’s and/or GS1 relationship requires the expressed written consent of Maxim’s and (if applicable) GS1.
8.2 GS1 and Maxim’s allow the Supplier to view and download the contents of the supplier portal for the fulfillment of supplier relationships with Maxim’s and/or GS1. Any reproduction, processing, dissemination or other use of the contents requires the express written permission of Maxim’s and/or (if applicable) GS1.
8.3 All contents in the supplier portal including all documents and texts are copyrighted protected. Express written permission is required to use the trademarks of Maxim’s and/or (if applicable) GS1, particularly with regard to company names, logos and brands, if any.
9.1 The Supplier are obliged to treat Confidential Information with all due care and not to make it available to third parties and remain effective for a period of 3 years after termination of supplier contract with Maxim’s.
This supplier portal may contain links to other websites including third party license materials. Maxim’s and GS1 do not have any control over such materials and the Supplier’s use of such materials is at its own risk. In addition, the existence of a link between the supplier portal and other materials does not constitute an endorsement by Maxim’s and/or GS1.
11.1 The Supplier authorizes Maxim’s and GS1 to collect, use, transfer, store or in other ways handle data relating to an identified or identifiable person or legal entity (“Personal Data”). All personal data collected by Maxim’s and/or GS1 will be treated in strict confidentiality and will neither be passed on to third party nor used for purposes other than usage on the supplier portal.
11.2 when you visit the supplier portal, Maxim’s and/or GS1 will only collect general technical information for internal use (eg. Brower, IP address, time and duration of visit). Maxim’s and/or GS1 also collect the Supplier’s usage data when logging in or register (eg. Email address, user ID, password).
11.3 You may disable cookies at any time using the relevant browser. However, that doing may impair the functionality of services.
11.4 By logging in the supplier portal, the Supplier consent to Maxim’s and GS1 to collecting and storing inventory, login and content data and using such data to design or improve services as needed and to analyze user behavior.
11.5 You may revoke your consent at any time by sending an email to mspsupport@gs1hk.org.
12.1 Maxim’s will not be held liable neither for restricted accessibility of the supplier portal nor for any technical defeats that may appear in the supplier portal.
12.2 The liability of GS1 to Supplier for any type of loss or damage caused by or arising out of the provision of or failure to provide the Service and related services or any delay in or malfunction or failure of the Service and related services, regardless of the form of action, whether in contract or tort, including claims of negligence, will not exceed in the aggregate, the total amount paid by Supplier to GS1 for yearly ezTRADE membership fee which is the cause of liability. In no event will GS1 be liable to Supplier for special, incidental or consequential loss or damage, or business interruption or loss of profit or data, arising from its provision of or failure to provide the Service and related services to Supplier or from any delay in or malfunction or failure of the Services (even if GS1 has been advised of the possibility of such damages), whether or not caused by GS1's negligence. Nothing in this Agreement shall limit or exclude GS1's liability in respect of loss or damage caused by GS1's fraud or in the nature of personal injury or death.
12.3 GS1 shall not be liable for any failure to perform or delay in performance of its obligations under this Agreement insofar as such failure or delay is caused by circumstances or matters beyond its reasonable control.
12.4 The Supplier is liable to Maxim’s and/or GS1 for faithful and correct details on this supplier portal. Any further liability of Maxim’s and/or GS1 is excluded as far as permitted by law.
12.5 Maxim’s and/or GS1 shall not assume any responsibility for the accuracy, correctness, completeness or quality of the information, documents, indicated prices or information that are made available. Maxim’s and/or GS1 assume no responsibility for any errors or omissions in the specified information to which a reference was made there, or which is linked to it.
12.6 All liability claims against Maxim’s and/or GS1 relating to damages of material or immaterial nature, which were caused by the use of erroneous or incomplete information, or any damages arising from loss of use, data loss or loss or revenue are excluded.
12.7 Maxim’s and/or GS1, its parent, subsidiaries, affiliates, agents, representative, or employees will not be liable for any damages or any kinds arising from the Supplier’s use or inability to use the supplier portal, including but not limited to direct, indirect, incidental, punitive, or consequential damages, the failure of performance of the supplier portal for any reason, or the use of the information or materials contained within the supplier portal.
13.1 The Supplier will be liable for any losses and damage to the supplier portal caused by the Supplier, its agents, employees, contractor, sub-contractors and engaged parties. The Supplier indemnifies Maxim’s and/or GS1 from all third-party claims associated with violation of these Terms of Use. The same applies to claims arising from the creation or distribution of prohibited content. Maxim’s and/or GS1 may not be held liable for any damages resulting from this.
13.2 The Supplier agrees to indemnify, defend, and hold harmless Maxim’s and/or GS1, and its parent company, subsidiaries, affiliates, agents, directors, officers, employees and agents with respect to any claim, demand, cause of action, debt or liability (including reasonable attorney’s fees) brought by any third party.
14.1 Maxim’s and/or GS1 are authorized to change these Terms of Use at any time without advance notice to the Supplier. Any amendment will be taken into effective upon issuance. Your continual use of the supplier portal shall constitute your agreement to those amendments. If there is any contradiction between the amendments and these Terms of Use, these Terms of Use shall prevail.
14.2 These Terms of Use are governed and construed in all respects by the laws of the HKSAR. The Supplier also agrees to submit to the jurisdiction of the courts of HKSAR for any dispute.