TERMS OF USE
Last updated: 6 February 2017
Smart United Asia Limited, a subsidiary of Maxim’s Caterers Limited, is an authorized licensee of “The Cheesecake Factory” trade name and trademark. “We”, “us”, and “our” refer collectively to Smart United Asia Limited (“SUA”), and its subsidiaries and affiliates.
Your use of thecheesecakefactory.hk or any social media platforms related to The Cheesecake Factory in Hong Kong (collectively, “this Website”) is subject to the following terms of use (“these Terms of Use”). “You”, “your”, “users”, “subscriber” and “applicant” refer to any person and/or entity that accesses this Website for any reason. Your use 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. By using this Website and/or completing a registration as a news subscriber or job applicant through this Website, you acknowledge and agree that you have read and understood these Terms of Use and agreed to be bound by them. SUA reserves the right to unilaterally change or modify the contents of this Website and/or these Terms of Use at any time without notification. You should regularly review these Terms of Use that are binding on you as your continued use of this Website indicates your acceptance of any change to these Terms of Use.
- Description of services provided by this Website: This Website provides information on The Cheesecake Factory in Hong Kong, related product and service offerings, restaurant search, as well as our promotions, latest news, contact information and job opportunities.
- Personal use: All the information contained within this Website is for reference and interaction 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 any derivative works based on them, or use such works. You agree to indemnify, defend and hold us and The Cheesecake Factory Incorporated and its subsidiaries and affiliates (collectively, “TCF”) (We and TCF are collectively referred to as the “Indemnified Parties”) harmless from and against any claims, actions, or liabilities arising from the use of this Website. You agree that your unauthorized use of the contents of this Website may result in irredeemable losses to Indemnified Parties, and in the event of your unauthorized use, Indemnified Parties have the right to apply for a restraining order in addition to any other remedies under common law or equity.
- Data collection statement: When you use and/or register at this Website, you may have to provide us with information about you (including but not limited to your name, gender, birth month, contact details, email address, location, job related information and social media platform IDs) (“Data”). You agree to provide to us such information voluntarily. If the information you provided is incomplete or incorrect, you may be unable to register through this Website. Additionally, we may (1) be unable to provide or continue to provide related services, (2) not allow you to enter, or (3) may discontinue your use of this Website for any reason. You assure us that the information you provide is correct, truthful, valid and complete. We have the right, without notice, to cancel your registrations and qualifications and/or refuse to allow you to use this Website or its services at the present time or in the future. Please go to this Website’s Privacy Policy for details.
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News subscription, job applicant registration and Data removal: Indemnified Parties may not be held responsible for any loss that you may suffer as a result of someone else using your name and contact details, with or without your knowledge, for any activities. But in such circumstances, you agree that you will be liable for losses incurred by Indemnified Parties as a result of someone else using your name and contact details. If you breach any of these Terms of Use, or if we suspect that you have breached any of these Terms of Use, or if we believe that your behavior has breached any applicable laws or damaged the interests of Indemnified Parties or other users, we may, without notice to you, cancel your registration, and/or refuse your entry to this Website and use of its services, and/or take legal action against you.
After your registration as a subscriber and/or applicant on this Website, you can request to withdraw your registration by sending your name, email address, and subject header of “The Cheesecake Factory in Hong Kong” to Smart United Asia Ltd. Data Privacy Office (Telephone: +852 2101 1333) via email: dataprivacyoffice@smartunitedasia.com or by post to:
Data Privacy Office - Smart United Asia Ltd.
18/F, Maxim’s Centre, 17 Cheung Shun Street, Cheung Sha Wan, Kowloon, Hong Kong
Except where you notify our Data Privacy Office in writing to delete your Data, SUA reserves the right to continue to use your Data in accordance with these Terms of Use in order to send you information about The Cheesecake Factory in Hong Kong from time to time.
- Career recruitment: We accept online submission of resumes and employment related information. Please note data (including Data) collected through online recruitment process will only be used to confirm and assess the possibility of employing you, and for any related use as stated in the Careers in Hong Kong webpage.
- Promotional activities: We will periodically carry out promotional activities for The Cheesecake Factory in Hong Kong on this Website. If the promotional activity involves winning rewards or other rewards, SUA will be the final arbitrator of the total number rewards according to its records and you shall not dispute such decision.
- Underage persons: If you are under 18 or considered as underage by law or otherwise do not have the ability to enter into a binding contract or are otherwise unable to bear any legal responsibility, you should not use this Website or provide any personal information through this Website. If you want to enter and browse 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. We assume that all users and members of this Website are of legal age. We are not obligated to check your age but if it is found that any user or subscriber is underage, we may take action against such user or subscriber or his/her parents/guardian including, but not limited, to cancelling your registration and/or refusing your access to this Website.
- Use of materials: The contents of this Website, including text, diagrams, images, music, symbols, graphic button, links, HTML code, trademark, trade name, 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, trademark law and other applicable laws. All Materials are the exclusive property of TCF, SUA or the Website content provider or its clients. Unauthorized use of any Materials is an infringing act under the copyright law, the trademark law or other applicable laws. You may not copy any of the Materials without the prior, express written consent of the owner of such Materials. Further, if you make any copy of the Materials after obtaining such permission, you must retain the notice of copyright, trademark, 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. You shall not, for any public or commercial purpose, sell or modify the Materials, copy, reproduce, reissue, 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 without the prior written permission from the owner of such Materials.
- Legal use of this Website: You 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 (including TCF and SUA) 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 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 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 TCF, this Website or any part thereof shall not be reproduced, copied, printed, sold, transferred or used for any commercial purposes.
- Limitation of liability: There may be incorrect material or typesetting errors in this Website. We do not give any implied or non-expressed guarantee and do not guarantee the correctness, reliability, completeness or timeliness of any material of this Website. Indemnified Parties do not accept any liability for the contents of other websites or anything uploaded on this Website or linked to this Website (collectively, “Third Party Sites”), 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 Third Party Sites. Third Party Sites are likely to change at any time or change periodically, so please check related materials regularly. We do not guarantee the following: this Website will be totally free of errors now or 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 the operation of this Website is timely, safe and will not be disconnected. Indemnified Parties may not be held liable for any damage or injury to you, your property, or to any third party or their property, 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 this Website, the Materials, or any other materials on 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 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 Indemnified Parties have been notified of the likelihood of such damage.
- Compensation: In the event of any compensation claim, program, 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 behavior, the user agrees to compensate Indemnified Parties and its affiliates, related companies, associated companies, senior employees, agents, joint brand owners or other partners and employees, defend them and prevent them from loss.
- Severability: If any single provision or number of provisions in these Terms of Use, or any one or number of provision of these provisions and conditions 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 provisions and conditions, will not be affected in any respect.
- 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.
© 2017 Smart United Asia Ltd.
