Terms of Service

Last updated on [04 AUG 22]

TERMS AND CONDITIONS

 

FOR SIGNING UP OUR SERVICES, PURCHASING PRODUCTS AND JUST BROWSING

Welcome to Hoplite! We are Hoplite Pty Ltd (ABN 47 652 532 753). Thank you for your interest in our services.

In these terms, we also refer to Hoplite as “our”, “we”, or “us”.

And you are you!

Users who are under the age of 18 and use the Services will be referred to in this agreement as “Participants”.

What are these terms about?

These terms apply when you sign up for any of our Services through our website, being hoplite.au and any other websites we operate with the same domain name and a different extension (Website).

These terms also apply when you purchase products (Products) through this Website.

How do I read these terms?

We separated these terms into three parts, so they are easy to read and understand. 

Those parts are:

• PART A: Terms for when you use any of our Services or purchase Products (applies when you use our Services or purchase Products and incorporates Part C.)
• PART B: Terms for when you browse and interact with this Website (applies when you browse and incorporates Part C)
• PART C: Liability and warranties, and interpretation provisions (applies to our Services, purchase of Products and browsing)

Please let us know if you have any questions about these terms, and don’t continue using this Website or our Services or purchase any Products unless you have read and agree to these terms.

Key Words used in these terms

To make it easier for you to understand the terms on which we provide, and you use, the Services, we’ve tried to keep these terms of use (terms) as simple as possible by using plain English.

When we say “Services” in these terms, we mean

(a)               any Hoplite courses we offer through this Website (Online Course);

(b)               access to our resource portal (Resource Portal);

(c)                any mentoring sessions we may offer (Mentoring); 

(d)               any fitness programs provided as part of an Online Course or through the Resource Portal (Fitness Programs); and

(e)               access to our recruiting services (Recruiting Services).

We’ve also used a few other capitalised words and phrases as shorthand to refer to recurring concepts. Each of these are defined in bold and in brackets after the concepts are first mentioned.

Acceptance of these terms

Before you sign up for our Services or purchase a Product, please carefully read these terms. If you don’t agree to these terms, please don’t sign up for our Services or purchase a Product. By clicking “accept” when you create an account, or otherwise proceed to engage with the Services, you agree to be bound by these terms.

 

DISCLAIMER 

Hoplite is an online platform that provides online courses, resources and mentoring for people looking to join the Australian Defence Force, Department of Home Affairs and the Australian Federal Police.

(a)               (No authority) Hoplite is not authorised, affiliated or endorsed by the Australian Defence Force, Department of Home Affairs or the Australian Federal Police to provide recruitment or career advice of any kind.

(b)               (Information) All information provided by us as part of the Services is general in nature, based on Hoplite’s personal opinion, knowledge and experience. Our Services do not take into account your personal circumstances or specific goals. All information provided as part of our Services is not intended to be professional advice of any kind and should not be relied on as such

(c)                (No results guaranteed) We do not guarantee any results from use of the Services, including but not limited to your chances of success in the event you apply for the Australian Defence Force, Department of Home Affairs or the Australian Federal Police.

(d)               (No representations) We make no representation or guarantee that our Services will be useful or relevant to you or that by applying any ideas, recommendations, methods or techniques in the Services you will achieve any particular outcomes. We are not responsible for any of your actions, decisions or choices and any methods and techniques implemented by you in relation to your application to the Australian Defence Force, Department of Home Affairs or the Australian Federal Police, or otherwise, is done so at your own risk.

(e)               (Risk) You and each Participant understand and acknowledge that participating in the Fitness Programs may expose you or the Participant to risk, including accidents, injury or even death. You and each Participant assume all risk associated with participating in the Fitness Programs, including but not limited to injury and physical risks inherent in physical activities. You and each Participant understand that we are not liable for any loss or damage suffered.

(f)                 (Your circumstances) As the Fitness Programs may be strenuous and subject you or a Participant to risk of injury, we urge you to consider if the Fitness Program are right for you or each Participant with regard to the specific circumstances, including any health conditions and physical fitness. You agree that when you and/or each Participant participates in the Fitness Program, it is entirely at their and your own risk.

PART A

FOR WHEN YOU USE OUR SERVICES OR PURCHASE PRODUCTS

1                   SIGNING UP FOR OUR SERVICES

(a)               By ticking the box to agree to these terms, you represent and warrant that you have the legal capacity and are of sufficient age to enter into a binding contract with us (or someone of sufficient age and capacity is contracting on your behalf).

(b)               If the Participant is under 18, you acknowledge and agree to these terms on the Participant’s behalf. By acknowledging and agreeing to these terms on behalf of a Participant, you warrant that you are the Participant’s parent or legal guardian and have authority to enter into these terms and any other documents (including waivers) on behalf of the Participant.

(c)                Our Services will be set out on the Website. Our Services may, from time to time, include Online Courses, access to the Resource Portal, Mentoring and Fitness Programs.

2                   SUBMITTING AN ORDER

(a)               By submitting an order for purchase of Products using the Website’s functionality (Order), you represent and warrant that:

(i)                 you have the legal capacity and are of sufficient age to enter into a binding contract with us; and

(ii)                you are authorised to use the debit or credit card you provide with your Order.

(b)               Submitting an Order constitutes your intention and offer to enter into Part A of these terms (including Part C which you agreed to by using this Website) where we will provide you with the Products you have ordered in exchange for your payment of the total amount listed upon checkout.

(c)                The Products and associated fees (Fees) will be set out on our Website.

3                   ACCOUNTS

(a)               To use any of our Services or to submit an Order, you will need to create an account (Account) and pay any Fees in accordance with clause 6.

(b)               As part of the Account registration process and otherwise as part of your use of the Website, you may be required to provide personal information and details, such as your email address, first and last name, preferred username, a secure password, billing, postal and physical addresses, mobile phone number, bank account information, and other information as determined by us from time to time

(c)                You warrant that any information you give to us in the course of completing the Account registration process will always be accurate, honest, correct and up-to-date. We may verify any of the details provided by you, including your identity, by electronic means or otherwise.

(d)               You must not give access to your Account to any other person. You are responsible for managing your Account and ensuring that you only access and engage with your Account in an appropriate manner.

(e)               We may revoke your licence and terminate your Account if we suspect, in our sole discretion, that you are misusing the licence (for example by distributing the Online Course or Resources to other people or giving access to your Account to other people), you are making commercial use of or infringing our intellectual property rights in the Online Courses or Resources (defined in clause 4.2(a)), or if you do not comply with these terms.

(f)                 Creating an account, signing up for our Services or submitting an Order constitutes your acceptance to enter into a contract with us under these terms, where we will provide you with the Services and/or the Products you have ordered in exchange for your payment of the total Fees listed upon checkout (if applicable).

4                   HOPLITE COMMUNITIES

(a)               As part of the Account registration process, you will be allocated to a Hoplite Community being :

(i)                 Prospect (for people that are seeking a career in the Australian Defence Force, Department of Home Affairs or Australian Federal Police) (Prospect). 

(b)               Each Hoplite Community can:

(i)                 access the Services; and

(ii)                communicate within their allocated Hoplite Community.

5                   SERVICES

5.1               ONLINE COURSE

(a)               All of our Online Courses are carefully designed to teach you the content described on our Website as being included in that Online Course.

(b)               We will endeavour to ensure that the Online Courses provided will be substantially the same as the Online Course as described on our Website.

(c)                Once you have signed up for an Account, you will be granted access to the Online Course. Our Online Courses may contain videos, e-books made up of web pages, text, graphics and images, to be viewed online through your Account and not downloaded unless otherwise stated to be a digital download that may be downloaded.

5.2               RESOURCES

(a)               As part of the Services, you are granted access to the material in our Resource Portal (Resources). Our Resources may include guides, tutorials, video logs, webinars, IQ tests, questionnaires, fitness tests, to be viewed online through your Account and not downloaded unless otherwise stated to be a digital download that may be downloaded.

(b)               You acknowledge and agree that any Resources we provide will only be used for your own personal and non-commercial purposes and will not be shared with anyone else unless we expressly allow you to do so. You must obtain our written permission if you want to share any of the Resources with anyone else.

5.3               MENTORING

(a)               As part of the Services, we may from time to time offer mentoring opportunities in which you can:

(i)                 receive one-on-one advice and/or guidance from Hoplite;

(ii)                receive one-on-one advice and/or guidance from a guest speaker from within or outside a Hoplite Community, as facilitated by Hoplite;

(iii)               participate in a group mentoring session with advice and/or guidance from Hoplite;

(iv)               participate in a group mentoring session with advice and/or guidance from a guest speaker within or outside a Hoplite Community, as facilitated by Hoplite (Mentoring). 

(b)               Mentoring may be offered in-person or online through a web conferencing service such as Zoom.

(c)                To sign up for Mentoring, you must access and book in through our Website and provide any details requested.

(d)               We may choose to accept or reject any Mentoring application submitted by you at our reasonable discretion.

(e)               You must not record, film or photograph any Mentoring session unless given our express consent. 

5.4               FITNESS PROGRAMS

(a)               As part of the Services, we may offer fitness programs which will aim to assist you to:

(i)                 prepare to meet the fitness standards of the relevant organisation’s recruitment standards; or

(ii)                achieve and/or maintain the in-service fitness standards for the relevant organisation; or

(iii)               achieve high level fitness.

(Fitness Programs).

(b)               Hoplite will offer the Fitness Programs:

(i)                 in-person (one-on-one or group sessions); and

(ii)                online (one-on-one or group sessions)

(c)                You acknowledge and agree that you have read the disclaimers listed at the front of these terms.

5.5               RECRUITING SERVICES

(a)               As part of the Services, we may offer recruiting services, in which we may offer:

(i)                 access to Hoplite webforms and job board features;

(ii)                registration of interest functions to apply for jobs with the Australian Defence Force, Department of Home Affairs and Australian Federal Police;

(iii)               assistance from Hoplite by way of:

(A)               assessing your needs for a career. 

(B)               representing you to the relevant organisation.

(Recruiting Services)

5.6               NO GUARANTEE

(a)               We make no representation or guarantee that any of our Online Courses, Resources, Mentoring, Fitness Programs or Recruiting Services will be useful or relevant to you or that by applying any ideas, recommendations or techniques provided by us will result in a successful application or employment with Australian Defence Force, Department of Home Affairs and the Australian Federal Police. 

(b)               Many factors will be important in determining your actual results and there is no guarantee that you will achieve results similar to any other person who has viewed used the Online Courses, Resources, Mentoring, Fitness Programs or Recruiting Services, or that any results at all will be achieved. We are not responsible for any of your actions, and any ideas, recommendations or techniques implemented by you are done so at your own risk.

6                   PRODUCTS

6.1               GENERAL

(a)               We will endeavour to ensure that the Products provided will be substantially the same as the Products displayed on our Website, or as otherwise agreed with you in writing prior to you placing your Order. Please note that due to screen display, colour and brightness, and image quality, Products may not exactly match the image on our Website.

(b)               Until the price of your Products is paid in full, title in those Products is retained by us. Risk in the Products will pass to you on delivery in accordance with clause 5.2. Delivery must not be refused by you.

(c)                Claims for loss of or damage to Products in transit must be made against the carrier.

6.2               DELIVERY & SHIPPING

(a)               (Delivery Costs) Delivery costs will be added to the cart upon checkout. The prices displayed at checkout are inclusive of delivery to the address chosen by you.

(b)               (Delivery Details) We may charge you for delivery at any time (notwithstanding that it may not have previously done so). Where prices are stated as inclusive of delivery:

(i)                 delivery is to the delivery point specifically accepted by us; and

(ii)                we will deliver the Products to you in accordance with the shipping information displayed on our Website.

(c)                (Delivery Issues) Third party courier terms apply to the delivery of the Products to you. Any problems with delivery should be directed to us to troubleshoot the issue. We will endeavour to assist you to ensure your delivery arrives. All delivery times provided to you are estimates only and are subject to postal delays and reasons beyond our control. We do not warrant or make any representation that your order will be delivered within the times indicated. We will not be liable for any loss or damage suffered as a result of or in connection with late deliveries.

6.3               FAULTY PRODUCTS

The following process applies to any Product you believe to be faulty.

(a)               If you believe your Product is faulty, please contact us using the details provided on our Website with a full description of the fault (including images).

(b)               If we determine that your Product may be faulty, we will request that you send the Product back to us at our cost for further inspection, including any accessories, manuals, documentation or registration shipped with the Product. We reserve the right to further inspection before deeming a Product faulty.

(c)                If we determine in our reasonable opinion that the Product is not faulty, or is faulty due to fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your return and send the Product back to you at your cost.

(d)               If we determine that the Product is faulty, you will be credited the full amount paid (including shipping costs) and you may request a refund or exchange. All refunds will be credited back to your original method of payment unless you request otherwise and we approve this request.

(e)               If you fail to comply with the provisions of this clause 5.3 in respect of a faulty Product, we may, in our absolute discretion, issue only a partial refund or no refund in respect of the faulty Product.

(f)                 Nothing in this clause 5.3 is intended to limit or otherwise affect the operation of any manufacturers’ warranties which you may be entitled to or any of your rights which cannot be excluded under applicable law.

6.4               CHANGES TO YOUR ORDER

(a)               (Cancellation by us) We reserve the right to cancel your Order for any reason, and will notify you of this as soon as possible. Where payment has already been debited, the full amount will be credited back to your original method of payment.

(b)               (Cancellation by you) You may cancel your Order up to the time that we confirm your Order in writing to you. Once we confirm your Order, your Order is binding and cannot be changed by you. 

(c)                (Change of mind) We do not offer change of mind returns or refunds.

(d)               (Issues with your Order) We will provide a full refund of the price paid for a Product if we determine that:

(i)                 a Product you have ordered was not received by you solely due to failure by us;

(ii)                a Product provided to you was not substantially the same as the Product you ordered as displayed on our Website (subject to reasonable variation as a result of screen display, colour and brightness, and image quality); or

(iii)               a Product is faulty in accordance with clause 5.3).

7                   PAYMENT

(a)               All prices are:

(i)                 in Australian Dollars; and

(ii)                subject to change prior to you completing an Order without notice.

(b)               (Payment obligations) Unless otherwise agreed in writing, you must pay for all Products at the time of placing an Order. 

(c)                (GST) Unless otherwise indicated, amounts stated on the Website do not include GST. In relation to any GST payable for a taxable supply by Hoplite, you must pay the GST subject to Hoplite providing a tax invoice.

(d)               (Card surcharges) We reserve the right to charge credit card surcharges in the event that payments are made using a credit, debit or charge card (including Visa, MasterCard or American Express).

(e)               (Online payment partner) We may use third-party payment providers (Payment Providers) to collect payments for Products. The processing of payments by the Payment Provider will be, in addition to these terms, subject to the terms, conditions and privacy policies of the Payment Provider and we are not liable for the security or performance of the Payment Provider. We reserve the right to correct, or to instruct our Payment Provider to correct, any errors or mistakes in collecting your payment.

(f)                 (Pricing errors) In the event that we discover an error or inaccuracy in the price at which your order was purchased (including shipping prices), we will attempt to contact you and inform you of this as soon as possible. You will then have the option of purchasing your order at the correct price, or cancelling your order. If you choose to cancel your order and payment has already been debited, the full amount will be credited back to your original method of payment.

8                   COLLECTION NOTICE AND PRIVACY

(a)               We may collect personal information about you in the course of providing you with our Services, to contact and communicate with you, to respond to your enquiries and for other purposes set out in our Privacy Policy.

(b)               Our Privacy Policy contains more information about how we use, disclose and store your information and details how you can access and correct your personal information.

(c)                By agreeing to these Terms, you agree to be bound by the clauses outlined in our Privacy Policy.

9                   INTELLECTUAL PROPERTY

9.1               CLIENT CONTENT

(a)               You grant to us (and our subcontractors, employees or agents) a non-exclusive, royalty free, non-transferable, worldwide and irrevocable licence to use the Client Content to the extent reasonably required to provide the Services.

(b)               You:

(i)                 warrant that our use of Client Content as contemplated by the Services, will not infringe any third-party Intellectual Property Rights; and 

(ii)                will indemnify us from and against all losses, claims, expenses, damages and liabilities (including any taxes, fees or costs) which arise out of such infringement.

9.2               OUR IP

(a)               Intellectual Property Rights in our Services and any other Material are owned or licensed by us. Except as permitted under applicable laws, no part of the Material can be reproduced, adapted, distributed, displayed, transmitted or otherwise exploited for any commercial purposes without our express written consent.

(b)               You will not under these terms acquire Intellectual Property Rights in any of Our IP.

(c)                You are granted a single use licence to the Material in the Services and the Intellectual Property Rights in the Material for the sole purpose of your individual learning. You must not attempt to copy, mirror, broadcast, reproduce, adapt, vary, modify, sell or otherwise commercialise the Material.

9.3               DEFINITIONS

For the purposes of this clause 8:

(a)               ”Client Content” means any documents or Material supplied by you to us under or in connection with these terms, the Services or an Order, including any Intellectual Property Rights attaching to that Material.

(b)               “Our IP” means all materials owned or licensed by us and any Intellectual Property Rights attaching to those materials.

(c)                “Intellectual Property Rights” means any and all present and future intellectual and industrial property rights throughout the world (whether registered or unregistered), including copyright, trade marks, designs, patents, moral rights, semiconductor and circuit layout rights, trade, business, company and domain names, and other proprietary rights, trade secrets, know-how, technical data, confidential information and the right to have information kept confidential, or any rights to registration of such rights (including renewal), whether created before or after the date of this agreement.

(d)               “Material” means tangible and intangible information, documents, reports, drawings, designs, software (including source and object code), inventions, concepts, data and other materials in any media whatsoever.

10                YOUR CONTENT

10.1            TYPES OF CONTENT

As part of using the Website or the Services, you may upload images, content, information and materials you share with us or the public, including by using the features of the Website, such as any forum or member profiles we may have on our Website, sharing content on social media or by contacting us, or when you register for an Account (Posted Materials).

10.2            POSTED MATERIALS

By providing or posting any Posted Materials, you represent and warrant that:

(a)               you are authorised to provide the Posted Materials;

(b)               the Posted Materials are free from any harmful, discriminatory, defamatory or maliciously false implications and do not contain any offensive or explicit material;

(c)                the Posted Materials are not “passing off” of any product or service and does not constitute unfair competition; 

(d)               the Posted Materials do not infringe any intellectual property rights, including copyright, trademarks, business names, patents, confidential information or any other similar proprietary rights, whether registered or unregistered, anywhere in the world (Intellectual Property Rights);

(e)               the Posted Materials are accurate and true at the time they are provided;

(f)                 any Posted Materials which are in the form of a review or feedback is honest, accurate and presents a fair view of the relevant person and/or your experience;

(g)               the Posted Materials do not contain any viruses or other harmful code, or otherwise compromise the security or integrity of any network or system; and

(h)               the Posted Materials do not breach or infringe any applicable laws, regulations or orders.

10.3            PRIVACY OF POSTED MATERIALS

Our Website is designed to be a safe and supportive community where members can share their challenges and progress related to their participation in the Services. Please do not share or otherwise disclose Posted Material uploaded by other members with those outside the community, and respect that other members may share personal information in the understanding that such information will remain only within the community.

10.4            POSTED MATERIALS – IP LICENCE

By uploading any Posted Materials, you grant to Hoplite (and its agents or service providers) a perpetual, irrevocable, transferable, worldwide and royalty-free licence (including the right to sublicense) to use, copy, modify, reproduce and adapt any Intellectual Property Rights in that Posted Material in order for Hoplite to use or otherwise enjoy the benefit of such Posted Material.

10.5            REMOVAL OF POSTED MATERIALS

We don’t have any obligations to screen Posted Material in advance of it being posted and your compliance with these terms is your responsibility. However, we may, if we choose, review and remove any Posted Material at any time without giving any explanation or justification for removing the material and/or information.

11                CANCELLATION

11.1            CANCELLATION BY YOU 

If you would like to cancel your Account, please utilise the ‘delete my account’ function in your profile settings. 

11.2            CANCELLATION BY US

(a)               To the extent permitted by law, we reserve the right to terminate your access to any or all of the Services and your Account at any time by written notice, for any reason.

(b)               We may also terminate your access to your Account at any by written notice if you breach any provision of this agreement.

11.3            EFFECT OF CANCELLATION

Upon cancellation or termination of your Account, we will delete any other information associated with your Account. You may not be able to recover any of this after cancellation or termination of your Account so we recommend you back up anything important to you. We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out the cancellation or termination of your Account.

11.4            SURVIVAL

Any clause that by its nature would reasonably be expected to be performed after the termination or expiry of this agreement will survive and be enforceable after such termination or expiry.

12                PUBLISHING PHOTOS ONLINE OR ON SOCIAL MEDIA

(a)               You are not permitted to publish any information regarding the Services online or on social media (or both) unless you have received our prior written consent.

(b)                

(c)                If you provide photos to us of your work applying what you have learnt from the Services, or provide us with a testimonial of the Services, we may publish those photos or testimonials online, including on our Website or social media accounts, without any rights of accreditation to you. We may accredit you if appropriate information is provided.

13                DATA SECURITY

While we will use our best efforts to ensure that your information, data or other electronic materials (Data) that is being backed-up or stored as part of the Services will be stored securely, we will not be liable for any unauthorised use, destruction, loss, damage or alteration to the Data, including due to hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14                THIRD PARTY SUPPLIERS

(a)               We may do any of the following:

(i)                 outsource any part of performing any services related to providing the Products or Services, including delivery of your Products; or

(ii)                procure materials, services and Products from third party suppliers,

without further notice to or permission from you.

(b)               To the maximum extent permitted under applicable law, we will not be liable for any acts or omissions of those third parties, including where such third parties cause delay or damage to any part of your Order, or are negligent in providing the Services or other services or goods.

15                SECURITY

We do not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Services. You should take your own precautions to ensure that the process that you employ for accessing the Services does not expose you to risk of viruses, malicious computer code or other forms of interference.

16                SERVICE LIMITATIONS

The Services are made available to you strictly on an ‘as is’ basis. Without limitation, you acknowledge and agree that we cannot and do not represent, warrant or guarantee that:

(a)               the Services will be free from errors or defects;

(b)               the Services will be accessible at all times;

(c)                information you receive or supply through the Services will be secure or confidential; or

(d)               any information provided through the Services is accurate or true.

PART B

FOR WHEN YOU BROWSE THIS WEBSITE

17                MARKETING

By providing your email address or phone number to us, you consent to us to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link).

18                ACCESS AND USE OF THE WEBSITE

You must only use the Website in accordance with these terms and any applicable laws, and must ensure that your employees, sub-contractors and any other agents who use or access the Website comply with these terms and any applicable laws.

19                YOUR OBLIGATIONS

You must not:

(a)               copy, mirror, reproduce, translate, adapt, vary, modify, sell, decipher or decompile any part or aspect of the Website without the express consent of the Hoplite;

(b)               use the Website for any purpose other than the purposes of browsing, selecting or purchasing Products or using the Services;

(c)                use, or attempt to use, the Website in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;

(d)               use, or attempt to use, the Website in a manner that may interfere with, disrupt or create undue burden on the Website or the servers or networks that host the Website;

(e)               use the Website with the assistance of any automated scripting tool or software;

(f)                 act in a way that may diminish or adversely impact the reputation of the Hoplite, including by linking to the Website on any other website; and

(g)               attempt to breach the security of the Website, or otherwise interfere with the normal functions of the Website, including by:

(i)                 gaining unauthorised access to Website accounts or data;

(ii)                scanning, probing or testing the Website for security vulnerabilities;

(iii)               overloading, flooding, mailbombing, crashing or submitting a virus to the Website; or

(iv)               instigate or participate in a denial-of-service attack against the Website.

20                INFORMATION ON THE WEBSITE

(a)               While we make every effort to ensure that the information on the Website is as up-to-date and accurate as possible, you acknowledge and agree that we do not (to the maximum extent permitted by law) guarantee that:

(i)                 the Website will be free from errors or defects (or both, as the case may be);

(ii)                the Website will be accessible at all times;

(iii)               messages sent through the Website will be delivered promptly, or delivered at all;

(iv)               information you receive or supply through the Website will be secure or confidential; and

(v)                any information provided through the Website is accurate or true.

(b)               We reserve the right to change any information or functionality on the Website by updating the Website at any time without notice, including product descriptions, prices and other Website Content.

21                INTELLECTUAL PROPERTY

(a)               Hoplite retains ownership of the Website and all materials on the Website (including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software) (Website Content) and reserves all rights in any intellectual property rights owned or licensed by it not expressly granted to you.

(b)               You may make a temporary electronic copy of all or part of the Website for the sole purpose of viewing it. You must not otherwise reproduce, transmit, adapt, distribute, sell, modify or publish the Website or any Website Content without prior written consent from Hoplite or as permitted by law.

(c)                In this clause 20, “intellectual property rights” means all copyright, trade mark, design, patent, semiconductor and circuit layout rights, trade, business, company and domain names, confidential and other proprietary rights, and any other rights to registration of such rights whether created before or after the date of these terms both in Australia and throughout the world.

22                THIRD PARTY TERMS AND CONDITIONS

(a)               You acknowledge and agree that third party terms & conditions (Third Party Terms) may apply.

(b)               You agree to any Third Party Terms applicable to any third party goods and services, and Hoplite will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

23                LINKS TO OTHER WEBSITES

(a)               The Website may contain links to other websites that are not our responsibility. We have no control over the content of any linked websites, and we are not responsible for that content.

(b)               Inclusion of any linked website on the Website does not imply our approval or endorsement of the linked website.

24                THIRD PARTY HOSTING

(a)               This Website is hosted by a third party and the terms and conditions of that third party may apply to your use of this Website to the extent applicable to you. 

(b)               To the maximum extent permitted under applicable law and our agreement with our third party hostjng provider, we will not be liable for any acts or omissions of that third party, including in relation to any fault or error of the Website or any issues experienced in placing Orders.

25                SECURITY

Hoplite does not accept responsibility for loss or damage to computer systems, mobile phones or other electronic devices arising in connection with use of the Website. You should take your own precautions to ensure that the process that you employ for accessing the Website does not expose you to risk of viruses, malicious computer code or other forms of interference.

26                REPORTING MISUSE

If you become aware of misuse of the Website by any person, any errors in the material on the Website or any difficulty in accessing or using the Website, please contact us immediately using the contact details or form provided on our Website.

PART C

LIABILITY AND OTHER LEGAL TERMS

27                LIABILITY

(a)               To the maximum extent permitted by applicable law, we limit all liability to any person for loss or damage of any kind, however arising whether in contract, tort (including negligence), statute, equity, indemnity or otherwise, arising from or relating in any way to the Services, the Website, these terms or any other goods or services provided by us provided by us to the value of the Fees (if any) paid for the Services. If no Fee has been paid, liability is excluded to the maximum extent permitted by applicable law.

(b)               All express or implied representations and warranties in relation to the Services, the Website, these terms or any other goods or services provided by us are, to the maximum extent permitted by applicable law, excluded.

(c)                Nothing in these terms is intended to limit the operation of the Australian Consumer Law contained in the Competition and Consumer Act 2010 (Cth) (ACL). Under the ACL, you may be entitled to certain remedies (like a refund or replacement) if there is a failure with the goods or services we provide.

(d)               (Indemnity) You indemnify us and our employees and agents in respect of all liability for loss, damage or injury which is or may be suffered by any person arising from your or your representatives’:

(i)                 breach of any of these terms;

(ii)                use of the Services, the Website or any other goods or services provided by us; or

(iii)               use of any other goods or services provided by us.

(e)               (Consequential loss) To the maximum extent permitted by law, under no circumstances will we be liable for any incidental, special or consequential loss or damages, or damages for loss of data, business or business opportunity, goodwill, anticipated savings, profits or revenue arising under or in connection with the Services, the Website, these terms or any other goods or services provided by us (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

28                DISPUTE RESOLUTION

(a)               A party claiming that a dispute has arisen under or in connection with this agreement must not commence court proceedings arising from or relating to the dispute, other than a claim for urgent interlocutory relief, unless that party has complied with the requirements of this clause.

(b)               A party that requires resolution of a dispute which arises under or in connection with this agreement must give the other party or parties to the dispute written notice containing reasonable details of the dispute and requiring its resolution under this clause.

(c)                Once the dispute notice has been given, each party to the dispute must then use its best efforts to resolve the dispute in good faith. If the dispute is not resolved within a period of 14 days (or such other period as agreed by the parties in writing) after the date of the notice, any party to the dispute may take legal proceedings to resolve the dispute.

29                NOTICES

(a)               A notice or other communication to a party under these terms must be:

(i)                 in writing and in English; and

(ii)                delivered to the other party via email, to the email address most regularly used by the parties to correspond regarding the subject matter of these terms as at the date of these terms (Email Address). The parties may update their Email Address by notice to the other party.

(b)               Unless the party sending the notice knows or reasonably ought to suspect that the email was not delivered to the other party’s Email Address, notice will be taken to be given:

(i)                 24 hours after the email was sent, unless that falls on a Saturday, Sunday or a public holiday in the state or territory whose laws govern this agreement, in which case the notice will be taken to be given on the next occurring business day in that state or territory; or

(ii)                when replied to by the other party,

whichever is earlier.

30                GENERAL

30.1            GOVERNING LAW AND JURISDICTION

These terms is governed by the law applying in Australia Capital Territory, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of Australian Capital Territory, Australia and courts of appeal from them in respect of any proceedings arising out of or in connection with these terms. Each party irrevocably waives any objection to the venue of any legal process on the basis that the process has been brought in an inconvenient forum.

30.2            WAIVER

No party to these terms may rely on the words or conduct of any other party as a waiver of any right unless the waiver is in writing and signed by the party granting the waiver.

30.3            SEVERANCE

Any term of these terms which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity and enforceability of the remainder of these terms is not limited or otherwise affected.

30.4            JOINT AND SEVERAL LIABILITY

An obligation or a liability assumed by, or a right conferred on, two or more persons binds or benefits them jointly and severally.

30.5            ASSIGNMENT

You cannot assign, novate or otherwise transfer any of its rights or obligations under these terms without the prior written consent of the other party. We can assign the rights or novate these terms in whole or part without your consent, on notice which may be communicated electronically on the website or by email.

30.6            COSTS

Except as otherwise provided in these terms, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing these terms.

30.7            ENTIRE AGREEMENT

These terms embodies the entire agreement between the parties and supersedes any prior negotiation, conduct, arrangement, understanding or agreement, express or implied, in relation to the subject matter of these terms.

30.8            INTERPRETATION

(a)               (singular and plural) words in the singular includes the plural (and vice versa);

(b)               (gender) words indicating a gender includes the corresponding words of any other gender;

(c)                (defined terms) if a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning;

(d)               (person) a reference to “person” or “you” includes an individual, the estate of an individual, a corporation, an authority, an association, consortium or joint venture (whether incorporated or unincorporated), a partnership, a trust and any other entity;

(e)               (party) a reference to a party includes that party’s executors, administrators, successors and permitted assigns, including persons taking by way of novation and, in the case of a trustee, includes any substituted or additional trustee;

(f)                 (these terms) a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure is a reference to a party, clause, paragraph, schedule, exhibit, attachment or annexure to or of these terms, and a reference to these terms includes all schedules, exhibits, attachments and annexures to it;

(g)               (document) a reference to a document (including these terms) is to that document as varied, novated, ratified or replaced from time to time;

(h)               (headings) headings and words in bold type are for convenience only and do not affect interpretation;

(i)                 (includes) the word “includes” and similar words in any form is not a word of limitation; and

(j)                 (adverse interpretation) no provision of these terms will be interpreted adversely to a party because that party was responsible for the preparation of these terms or that provision.

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Privacy Policy

INTRODUCTION

This document sets out the privacy policy of Hoplite Pty Ltd (ABN 47 652 532 753) (referred to in this privacy policy as ‘we’, ‘us’, or ‘our’).

The Privacy Act 1988 (Cth) (Privacy Act) requires entities bound by the Australian Privacy Principles to have a privacy policy. We take our privacy obligations seriously and we’ve created this privacy policy to explain how we store, maintain, use and disclose personal information.

By providing personal information (including sensitive information) to us, you consent to our storage, maintenance, use and disclosing of personal information in accordance with this privacy policy.

We may change this privacy policy from time to time by posting an updated copy on our website and we encourage you to check our website regularly to ensure that you are aware of our most current privacy policy.

2            TYPES OF PERSONAL INFORMATION WE COLLECT

The personal information we collect may include the following:

(a)               name;

(b)               mailing or street address;

(c)                email address;

(d)               social media information;

(e)               telephone number and other contact details;

(f)                 age;

(g)               date of birth;

(h)               credit card or other payment information;

(i)                 sensitive information as set out below;

(j)                 recruitment and/or employment details for candidates including education and employment history, information relating to working rights in Australia and qualifications;

(k)                information about your business or personal circumstances;

(l)                 information in connection with client surveys, questionnaires and promotions;

(m)              your device identity and type, I.P. address, geo-location information, page view statistics, advertising data and standard web log information;

(n)               information about third parties; and

(o)               any other information provided by you to us via our website or our online presence, or otherwise required by us or provided by you.

3            HOW PERSONAL INFORMATION IS COLLECTED

We will collect your personal information in a lawful and fair way. We will only collect your personal information where you have consented to it, or otherwise in accordance with the law.

How we collect information from you

We may collect personal information where you:

(a)               contact us through our website;

(b)               sign up with an account through our website;

(c)                receive goods or services from us;

(d)               submit any of our online inquiry forms;

(e)               communicate with us via email, telephone, SMS, social applications (such as LinkedIn, Facebook or Twitter) or otherwise;

(f)                 interact with our website, social applications, services, content and advertising; and

(g)               invest in our business or enquire as to a potential purchase in our business.

How we collect information from third parties

Where possible, we collect your personal information directly from you. However, there may be occasions when we collect personal information (including sensitive information) about you from someone else.

How you provide information for someone else

If you are providing personal and/or sensitive information on behalf of someone else, you must have the consent of that person to provide their personal and/or sensitive information to us to be collected, used, and disclosed in accordance with this privacy policy.

If you are providing personal and/or sensitive information on behalf of someone under the age of 18 (Minor), you must be that Minor’s parent or legal guardian and you must provide consent for the Minor’s personal and/or sensitive information to be collected, used and disclosed in accordance with this privacy policy.

How we collect information from cookies

We may also collect personal information from you when you use or access our website or our social media pages. This may be done through use of web analytics tools, ‘cookies’ or other similar tracking technologies that allow us to track and analyse your website usage. Cookies are small files that store information on your computer, mobile phone or other device and enable and allow the creator of the cookie to identify when you visit different websites. If you do not wish information to be stored as a cookie, you can disable cookies in your web browser.

We may use Google Analytics to collect and process data, including when you use third party websites or apps. To find out more see How Google uses data when you use our partners’ sites or apps.

4            USE OF YOUR PERSONAL INFORMATION

We collect and use personal information for the following primary purposes:

(a)               to provide services, goods or information to you;

(b)               to contact you regarding future potential employment opportunities;

(c)                for record keeping and administrative purposes;

(d)               to provide information about you to our contractors, employees, consultants, agents or other third parties for the purpose of providing goods or services to you;

(e)               to improve and optimise our service offering and customer experience;

(f)                 to comply with our legal obligations, resolve disputes or enforce our agreements with third parties;

(g)               to send you marketing and promotional messages and other information that may be of interest to you and for the purpose of direct marketing (in accordance with the Spam Act). In this regard, we may use email, SMS, social media or mail to send you direct marketing communications. You can opt out of receiving marketing materials from us by using the opt-out facility provided (e.g. an unsubscribe link);

(h)               to send you administrative messages, reminders, notices, updates, security alerts, and other information requested by you; and

(i)                 to consider an application of employment from you.

We may also use your personal information for:

(j)                 secondary purposes closely related to the primary purpose, in circumstances where you would reasonably expect such use;

(k)                such purposes where we reasonably believe that use of your personal information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;

(l)                 any other purpose for which we receive consent from you; or

(m)              any other purpose which is permitted or required under applicable privacy laws.

5            HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We respect your privacy, and we will take reasonable steps to keep your personal information confidential and protected. We may disclose your personal information to:

(a)               the Australian Defence Force, Department of Home Affairs or Australian Federal Police, as part of our recruiting services;

(b)               our professional advisors such as lawyers, accountants and auditors;

(c)                our related entities; or

(d)               any third parties you have consented personal information to be disclosed to.

We may also disclose personal information to third party contractors as required for us to provide our goods and services to you, such as cloud-service providers, IT professionals, marketing agencies and debt collection agencies.

We take care to work with such third parties who we believe maintain an acceptable standard of data security and require them not to use your personal information for any purpose except for those activities we have asked them to perform on our behalf.

We will not otherwise disclose your personal information unless:

(e)               you have consented to us disclosing your personal information for particular circumstances;

(f)                 as needed in an emergency or in investigation suspected criminal activity;

(g)               we are required to disclose under a subpoena, court order or other mandatory reporting requirements;

(h)               we reasonably believe that disclosure of your information is necessary to lessen or prevent a serious threat to the life, health or safety of any individual, or to public health or safety, and it is unreasonable or impracticable to obtain your consent;

(i)                 it is reasonably necessary for the establishment, exercise or defence of a legal claim; or

(j)                 it is otherwise authorised or required by law.

6            STORAGE OF YOUR PERSONAL INFORMATION

All personal information we collect is stored on servers located in Australia and, for the most part, we do not disclose or transfer personal information overseas.

However, the cloud service providers we engage to provide us Australian-based servers may operate overseas disaster recovery sites or have personnel overseas who may access the personal information we hold to assist us in managing our servers.

When you communicate with us through a social media service such as Facebook or Twitter, the social media provider and its partners may collect and hold your personal information overseas.

7            SENSITIVE INFORMATION

Collection of sensitive information

We may collect sensitive information about you during the course of providing you our goods and services. We will only collect this sensitive information where you consent to such collection and either directly provide us with this information or it is provided by a referring health care provider.

Types of sensitive information we collect

The sensitive information we collect may include the following:

(a)               medical information, such as pre-existing conditions and injuries

(b)               your ethnic origin;

(c)                your gender and sex;

(d)               your marital status;

(e)               any other sensitive information provided by you or a third party to us via our website or platforms, or otherwise provided by you or a third party to us.

How we use your sensitive information

Your sensitive information will only be used for the purpose of:

(f)                 providing you with our goods and services;

(g)               complying with our legal obligations, resolving disputes or enforcing our agreements with you;

(h)               sending you messages, reminders, notices, updates, security alerts, and other information requested by you; or

(i)                 any other purpose which is permitted or required under applicable privacy laws.

How we disclose your sensitive information

Your sensitive information will only be disclosed to third parties for the purpose of:

(j)                 the Australian Defence Force, Department of Home Affairs or Australian Federal Police, as part of our recruiting services; or

(k)                any other purpose which is permitted or required under applicable privacy laws.

How you can withdraw consent

If you wish to withdraw your consent to our collection, use or disclosure of your sensitive information, please contact us using the contact details set out below. We will deal with all such requests within a reasonable timeframe.

8            MARKETING

We may at times send you marketing communications which will be done in accordance with the Spam Act 2003 (Cth) (Spam Act).

If we do, we may use email, SMS, social media, phone or mail to send you direct marketing communications.

Where consent is needed, we will ask you for your consent before sending you marketing communications, except where you:

(a)               have explicitly opted-in to receiving email marketing from us in the past; or

(b)               were given the option to opt-out of email marketing when you initially signed up for one of our platforms and you did not do so.

You can, at any time, opt out of receiving marketing materials from us by using the opt-out facility provided (e.g., an unsubscribe link on emails we send you) or by contacting us via the details provided at the end of this privacy policy. We will implement such a request as soon as possible, however, cannot guarantee that such a response will be immediate.

9            SECURITY

We take reasonable steps to ensure your personal information is secure and protected from misuse or unauthorised access. Our information technology systems are password protected, and we use a range of administrative and technical measures to protect these systems. However, we cannot guarantee the security of your personal information.

10         LINKS

Our website may contain links to other websites. Those links are provided for convenience and may not remain current or be maintained. We are not responsible for the privacy practices of those linked websites and we suggest you review the privacy policies of those websites before using them.

11         REQUESTING ACCESS OR CORRECTING YOUR PERSONAL INFORMATION

If you wish to request access to the personal information we hold about you, please contact us using the contact details set out below including your name and contact details. We may need to verify your identity before providing you with your personal information. In some cases, we may be unable to provide you with access to all your personal information and where this occurs, we will explain why. We will deal with all requests for access to personal information within a reasonable timeframe.

If you think that any personal information we hold about you is inaccurate, please contact us using the contact details set out below and we will take reasonable steps to ensure that it is corrected.

12         COMPLAINTS

If you wish to complain about how we handle your personal information held by us, please contact us using the details set out below including your name and contact details. We will investigate your complaint promptly and respond to you within a reasonable timeframe.

13         CONTACT US

For further information about our privacy policy or practices, or to access or correct your personal information, or make a complaint, please contact us using the details set out below:

Name: Sam Kourloufas

Email: info@hoplite.au

Our privacy policy was last updated on 04 Aug 22.

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