References to “you” or “your” means you, the person or entity who is accessing or viewing this website, and references to “we“, “us“, “our“ or “Pho Hot” means Pho Hot and each of its affiliates, subsidiaries and parent companies.

1. Your Undertakings

You agree that you will not use this website or any data, material or information made available on or through this website, in any format whatsoever, including (without limitation) any data files, text, computer software, images, graphics, photos, video clips, sound, audio files, directories or databases (“Website Content“):

in any way that breaches any applicable laws, regulations, codes, guidelines or orders;
in any way that contravenes or infringes upon any of our rights or any third party’s rights (including any Intellectual Property Rights, as defined below);
to send, communicate or engage in any harassing, disruptive, offensive, abusive, threatening, indecent, defamatory, obscene or menacing behaviour, or behaviour that causes annoyance, inconvenience, needless anxiety or is intended to deceive.
for any purpose not expressly permitted by the terms of this Disclaimer or Privacy Statement.
You agree not to take any action or allow any third party to take any action that would interfere with or disrupt this website, or the servers and networks through which this website is operated, or which would enable you, or any third party, to gain unauthorised access to, or to tamper with or use any of our computer systems or networks.
You agree not to disclose, distribute, use, copy or compile any personal data or contact information made available on this website for any purpose (including, without limitation, to send any marketing materials) not expressly permitted by this website, unless you receive our express prior consent to do so.

2. Warranties and Disclaimers

All information contained on this website is intended for reference only. Pho Hot does not guarantee the truth, accuracy, completeness or timeliness of the information, and accepts no liability (whether in tort, contract or otherwise) for any loss or damage howsoever arising from or in reliance on the content of this website.

Although this website includes links to other third-party websites, Pho Hot has not participated in the development of those other sites and does not monitor or exert any editorial or other control over those websites. Access to and use of such other websites is at the user’s own risk. Pho Hot is not responsible for and makes no representations or warranties with regard to such other websites, or any content or information contained in those websites. Links to and from this website do not constitute an endorsement or recommendation by Pho Hot of the third parties or their products/services.

Pho Hot does not warrant the security of any information which may be provided to any third party and is not responsible for any loss or damage suffered as a result of any access to or interaction with any other websites via this website.

This website is provided “as is” and “as available”. To the fullest extent permitted by law, Pho Hot expressly excludes any warranty or representation of any kind, either express or implied, including but not limited to any implied warranties or implied terms of merchantability, satisfactory quality, fitness for purpose or non-infringement. Without prejudice to the foregoing, Pho Hot does not warrant that the operation of this website will be uninterrupted, secure or error free or that this website will be free from any viruses, worms or any other anomalies.

Any materials, including Website Content, downloaded or otherwise obtained or accessed through this website is at your sole risk and discretion, and you shall be solely responsible for any damage to your computer system or other devices or loss of data that results from such.

3. Limitation of Liability

To the maximum extent permitted by applicable law, we shall not be liable to you in contract, tort or otherwise for any losses, damages, claims, judgments, actions, costs, legal fees, expenses, fines or penalties, whatsoever (including, without limitation, any special, indirect, direct, punitive, incidental or consequential losses, loss of business, loss of data or loss of profit), which may arise in relation to this website or the Website Content, irrespective of whether or not we were advised of or should have been aware of the possibility of such losses.

4. Intellectual Property Rights

All Intellectual Property Rights in this website and the Website Content belong to Pho Hot. You have no right to use any of our (or our licensors) trade names, trade marks, service marks, logos, copyright, domain names or any other Intellectual Property Rights.

You may not distribute, modify, transmit, copy or use any Website Content in any manner for public or commercial purposes without prior written permission from Pho Hot.

The products, technology or processes described on this website may be the subject of other Intellectual Property Rights owned by Pho Hot or by other third parties. No licence is granted to you in respect of those Intellectual Property Rights.

Without prejudice to the rest of this Clause 4, all marks which are identified with the symbol ® or ™ are trade or service marks belonging to and used by Pho Hot. Use of such marks is prohibited without the prior written consent of Pho Hot.

For the purposes of this Disclaimer and Policy Statement, “Intellectual Property Rights” shall mean any copyright, trade marks, service marks, logos, trade names, corporate names, Internet domain names, patents, registered designs, database rights, rights in designs, topography, know-how, trade secrets or any similar right or proprietary right, whether registered or not, and all applications or rights to apply for the same (where such applications can be made), whether presently existing or created in the future, anywhere in the world, and all benefits, privileges, or rights to sue, recover damages and obtain relief for any past, current or future infringement, misappropriation or violation of any of the foregoing rights.

5. Changes to the Disclaimer and Privacy Statement

We may amend the terms of this Disclaimer and Privacy Statement from time to time in our sole discretion without any notice or liability to you. Without prejudice to the foregoing, the latest version of this Disclaimer and Privacy Statement shall be posted on this website. If you continue to use this website after the amended version has been posted, you agree to be bound by such amendments to this Disclaimer and Privacy Statement. It is your responsibility to regularly check this website to see if there are any changes to the Disclaimer and Privacy Statement.

6. Changes to this Website

We may, in our sole discretion and at any time, without notice to you, add to, amend, remove, alter, suspend or terminate this website or any Website Content.

7. General Privacy Policy

When Open Union International collects information from you, its policy is to comply fully with the requirements of the Personal Data (Privacy) Ordinance (the “PDPO“) which regulates in Hong Kong the treatment of personal data. Personal data is any information relating to any living individual from which it is possible to identify that individual. In dealing with personal data, Open Union International will ensure its staff comply with the standards of security and confidentiality prescribed by law.

This Privacy Statement shows Open Union International commitment to protect your personal data and explains its practice in relation to the collection, retention, storage and sharing of personal data.

8. Collection and Use of Personal Data

Open Union International will occasionally collect personal data from you which will be processed for the specific purpose given at the time of collection, or for any purpose stated in this Privacy Statement. Such purposes may include fulfillment of your specific requests or applications relating to Open Union International services, jobs, etc., the processing of your complaints, enquiries or feedback, or the identification and verification of you as a user. The provision of personal data or any information is voluntary. However, if you do not supply all information requested by Open Union International, this may result in Open Union International being unable to process your requests fully or at all.

Open Union International shall make a record of your visit to this website. The record will show the domain name server address and details of the pages visited. Open Union International only collects aggregate information about the number and types of visitors by reference to their domain name server address. This information is used by Open Union International to prepare general statistics on the usage of this website and may also be disclosed by Open Union International to any court or regulatory authority or Open Union International legal advisers in the case of any unlawful use of the website.

Depending on your browser settings, when you use this website, cookies may be collected and stored on your computer’s system. Cookies are small data files that are stored on your computer’s hard drive and enable us to distinguish you from other users of this website, and to provide you with a customized browsing experience. The cookies also enable us to recognise and count the number of visitors to this website, and to see how visitors use it. You can choose to set your web browser so that it does not accept cookies, however this may affect the functionality of this website.

9. Security

Where personal data is stored electronically, it will be kept in a password-protected form. Personal data, whether stored in electronic form on computers or in hard-copy form, will be accessible only by authorised officers or employees of Open Union International. Persons designated by Open Union International to handle personal data will comply with this Privacy Statement and/or any other relevant obligations under the PDPO, and told how to fulfil Open Union International obligations to you.

Any personal data Open Union International receives from you will not be disclosed to any third party except as provided in this Disclaimer and Privacy Statement, as notified to you at the time of collection, or with your prior consent.

10. Hyperlinks

This Clause 10 is without prejudice to Clause 2 above. This Privacy Statement only applies in relation to the collection of personal data by Open Union International. If you click on a hyperlink taking you from this website to another website, Open Union International shall not be responsible for the privacy and security practices or the content of such website, or any collection of your personal data by the third party operating such website, and you should refer to the privacy policy of each website you enter.

11. Disclosure and Sharing of Personal Information

Your personal data held by Open Union International will be kept confidential and shall not be disclosed or transferred to any third party without your consent. However, Open Union International may provide your personal data to any of the following persons (whether inside or outside Hong Kong), where necessary in order to fulfill one or more of the purposes stated in Clause 8 above, or for any other purpose consented to by you or as notified to you at the time of collection of your personal data:

any personnel, agent, adviser, auditor, contractor or service provider who provides services or advice to Open Union International in connection with its operations, or any affiliate or subsidiary of Open Union International, who is subject to a duty of confidentiality;
any person to whom Open Union International is required to make disclosure under any law applicable in or outside Hong Kong.

12. Data Retention

Personal information you provide to Open Union International will be retained only for such period as may be necessary for the carrying out of the purposes referred to in this Privacy Statement or as otherwise specified at the time of collection.

13. Personal Information Access and Correction

You have the right to request access to and (if appropriate) correction of personal data held by Open Union International about you. If you wish to exercise this right, please contact our Human Resources Manager by sending an e-mail to sales@openunionltd.com or write to 2nd Floor, Hong Kong Spinners Industrial Building Phase 1&2, 800 Cheung Sha Wan Road, Kowloon, Hong Kong (marked confidential, and for the attention of the Human Resources Manager).

14. General

Governing Law and Jurisdiction
This Disclaimer and Privacy Statement are governed by the laws of Hong Kong, and are subject to the exclusive jurisdiction of the courts of the Hong Kong Special Administrative Region.

If any of the terms of this Disclaimer and Privacy Statement are found to be invalid, illegal or unenforceable by any court or tribunal of competent jurisdiction, it will be severed and the remaining terms will continue in full force and effect as if this Disclaimer and Privacy Statement had been made without the invalid, illegal or unenforceable terms. Each clause and sub-clause herein shall be treated as a separate and independent provision, and the unenforceability of any one clause shall not impair the enforceability of any of the other clauses.

Entire Agreement
This Disclaimer and Privacy Statement contain the entire agreement between you and us and replaces all previous written or oral agreements in relation to this website and the Website Content.

A failure or delay by us to exercise any right or to act upon a breach in relation to this Disclaimer and Privacy Statement will not be a waiver of that right or breach. Any waiver by us of any of our rights or of a breach of this Disclaimer and Privacy Statement must be in writing, and such waiver is limited to that particular right or breach stated therein.

You may not transfer any of your rights or obligations under the terms of this Disclaimer and Privacy Statement without our written consent. We may transfer our rights or obligations or both to any person or entity, including any of our affiliates, without your consent.

If this Disclaimer and Privacy Statement are translated into any other language, the English language version shall prevail.