WEBSITE TERMS AND CONDITIONS OF USE

1. About the Website
(a) Welcome to hopstep (Website). This Website is a recruitment platform which matches individual health professionals with employers (Services).
(b) The Website is operated by hopstep ACN 664 982 718. Access to and use of the Website, or any of its associated Products or Services, is provided by hopstep. Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood, and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
(c) hopstep reserves the right to review and change any of the Terms by updating this page at its sole discretion. When hopstep updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by hopstep in the user interface.
3. Registration to use the Services
(a) In order to access the Services, you must first register for an account through the Website (Account).
(b) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
(i) Email address
(ii) Mailing address
(iii) Telephone number
(iv) Password
(v) Full Name or Company Name
(c) You warrant that any information you give to hopstep in the course of completing the registration process will always be accurate, correct and up to date.
(d) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
(e) You may not use the Services and may not accept the Terms if:
(i) you are not of legal age to form a binding contract with hopstep; or
(ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
(a) As a Member, you agree to comply with the following:
(i) you will use the Services only for purposes that are permitted by:
(A) the Terms; and
(B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
(ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
(iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify hopstep of any unauthorised use of your password or email address or any breach of security of which you have become aware;
(iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of hopstep providing the Services;
(v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of hopstep;
(vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
(vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by hopstep for any illegal or unauthorised use of the Website; and
(viii) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. Payment
(a) Where the option is given to you, you may make payment for the Services (Services Fee) by way of:
(i) Electronic funds transfer (EFT) into our nominated bank account
(ii) Credit Card Payment (Credit Card)
(b) All payments made in the course of your use of the Services are made using hopstep. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood, and agree to be bound by the hopstep terms and conditions which are available on their website.
(c) You acknowledge and agree that where a request for the payment of the Services Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Services Fee.
(d) You agree and acknowledge that hopstep can vary the Services Fee at any time.
6. Refund Policy
(a) hopstep will only provide you with a refund of the Services Fee in the event they are unable to continue to provide the Services or if the manager of hopstep makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (Refund).
7. Copyright and Intellectual Property
(a) The Website, the Services and all of the related products of hopstep are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes and are reserved by hopstep or its contributors.
(b) All trademarks, service marks and trade names are owned, registered and/or licensed by hopstep, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
(i) use the Website pursuant to the Terms;
(ii) copy and store the Website and the material contained in the Website in your device’s cache memory; and
(iii) print pages from the Website for your own personal and non-commercial use. hopstep does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by hopstep.
(c) hopstep retains all rights, title, and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
(i) business name, trading name, domain name, trademark, industrial design, patent, registered design, or copyright, or
(ii) a right to use or exploit a business name, trading name, domain name, trademark, or industrial design, or
(iii) a thing, system or process that is the subject of a patent, registered design, or copyright (or an adaptation or modification of such a thing, system, or process), to you.
(d) You may not, without the prior written permission of hopstep and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show, or play in public, adapt, or change in any way the Services or third-party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
8. Privacy
(a) hopstep takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to hopstep’s Privacy Policy, which is available on the Website.
9. General Disclaimer
(a) Nothing in the Terms limits or excludes any guarantees, warranties, representations, or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded.
(b) Subject to this clause, and to the extent permitted by law:
(i) all terms, guarantees, warranties, representations, or conditions which are not expressly stated in the Terms are excluded; and
(ii) hopstep will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
(c) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, and licensors of hopstep make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of hopstep) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
(i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records;
(ii) the accuracy, suitability, or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
(iii) costs incurred as a result of you using the Website, the Services or any of the products of hopstep; and
(iv) the Services or operation in respect to links which are provided for your convenience.
10. Limitation of liability
(a) hopstep’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
(b) You expressly understand and agree that hopstep, its affiliates, employees, agents, contributors, and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
11. Termination of Contract
(a) The Terms will continue to apply until terminated by either you or by hopstep as set out below.
(b) If you want to terminate the Terms, you may do so by:
(i) providing hopstep with days’ notice of your intention to terminate; and
(ii) closing your accounts for all the services which you use, where hopstep has made this option available to you. Your notice should be sent, in writing, to Hopstep via the ‘Contact Us’ link on our homepage.
(c) hopstep may at any time, terminate the Terms with you if:
(i) you have breached any provision of the Terms or intend to breach any provision;
(ii) hopstep is required to do so by law;
(iii) the provision of the Services to you by hopstep is, in the opinion of hopstep, no longer commercially viable.
(d) Subject to local applicable laws, hopstep reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts hopstep’s name or reputation or violates the rights of those of another party.
12. Indemnity
(a) You agree to indemnify hopstep, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
(i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
(ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
(iii) any breach of the Terms.
13. Dispute Resolution
(a) Compulsory:
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
(b) Notice:
A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
(c) Resolution:
On receipt of that notice (Notice) by that other party, the parties to the Terms (Parties) must:
(i) Within 14 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
(ii) If for any reason whatsoever, 14 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association (AMA) or his or her nominee;
(iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
(iv) The mediation will be held in Melbourne, Australia.
(d) Confidential:
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
(e) Termination of Mediation:
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
(a) The Services offered by hopstep is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Victoria, Australia.
15. Governing Law
(a) The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted, and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
(a) Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
17. Severance
(a) If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.

TERMS & CONDITIONS APP

Welcome to hopstep!

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

When we talk about “hopstep”, “we,” “our,” or “us” in these Terms, we are referring to hopstep Pty Ltd, an Australian business with ABN 88 664 982 718. When we talk about the “App” in these Terms, we are referring to our mobile applications available on the Apple iOS Store and the Google Play Store, our website and any associated services we offer.
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.

1 INTRODUCTION
These Terms set out the terms and conditions that apply when you use the App.
By using the App, ordering any goods or services through the App, or otherwise engaging with the content on the App, you represent and warrant that you:
(a) are at least 18 years old, have the legal capacity to enter into a binding legal agreement with us and you agree to be bound by these Terms; or
(b) are the parent or legal guardian of a person under the age of 18 who intends to use the App, and you agree to be bound by these Terms on that person’s behalf.
Please have a careful read through these Terms before using the App. If you don’t agree to these Terms, please don’t use the App.
We may modify our Terms from time to time. If we do, we will post a note on this page or email you. If you continue to use the App after we modify our Terms, you’ll be taken to have agreed to the Terms as modified.

2 ACCOUNT REGISTRATION
In order to use the App, you will be required to sign up for an account (hopstep Account) and using your hopstep Account credentials.
When you register for a hopstep Account, you must provide true, accurate and complete information as requested and keep this information up to date after registration.
You agree that you’re solely responsible for:
(a) maintaining the confidentiality and security of your hopstep Account information and your password; and
(b) any activities and those of any third party that occur through your hopstep Account, whether those activities have been authorised by you or not.
You also agree to let us know if you detect any unusual activity on your account as soon as you become aware of it.
We won’t be responsible to you for, and expressly disclaim any liability for, any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your hopstep Account information or your password.

3 DISCLAIMERS
(a) (General Information) Any information on the App is provided to you as general information only. The information is not adapted to your specific circumstances and it may not meet your specific needs.
(b) (No guaranteed outcomes) We make no representation or guarantee that any of the content on the App will be useful or relevant to you or that by using the content on the App you will achieve any particular outcomes.
(c) If you rely on any App content, you do so solely at your own risk.
(d) We are not responsible for the accuracy, reliability, availability, effectiveness, or correct use of information you receive through the App.

4 ACKNOWLEDGEMENTS
You acknowledge and agree that:
(a) hopstep may change any features of the App offered through the App at any time without notice to you;
(b) unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us;
(c) as part of your use of the App, you may receive notifications, alerts, and other electronic communications. You are responsible for controlling your communications settings, which can be done in the notification settings on your phone;
(d) any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communication be in writing;

5 FEES
The App, including your use of the App and access to the data and information provided by the App, are provided to you free of charge unless specified otherwise.

6 ACCEPTABLE USE
We’ll need you to make a few promises about the way you’ll use the App.
You agree:
(a) not to copy, reproduce, translate, adapt, vary or modify the App;
(b) not to use the App in a manner that is illegal or fraudulent or facilitates illegal or fraudulent activity;
(c) not to use the Service for the purpose of distributing unsolicited commercial content, junk mail, spam, bulk content or harassment;
(d) not to attempt to breach the security of the App or hopstep’s system security, or otherwise interfere with the normal function of the App, including by:
(i) gaining unauthorised access to hopstep Accounts or data about other users of the App;
(ii) scanning, probing or testing the App for security vulnerabilities;
(iii) overload, flood, mailbomb, crash or submit a virus to the App or hopstep’s system; or
(iv) instigate or participate in a denial-of-service attack against the App or hopstep’s system; and
(e) to ensure that your employees, sub-contractors and other agents who you have authorised to use or access the App comply with the Terms.

7 YOUR CONTENT

7.1 TYPES OF CONTENT

As part of using the App, you may be uploading images, content, information and materials you share with us or the public (including feedback, suggestions and enhancement requests), including by using the features of the app including chat features, sharing content via the app on social media or by contacting us, or when you register a hopstep Account (Posted Materials).

7.2 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 profanity, 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 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 (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.

7.3 POSTED MATERIALS – IP LICENCE
By uploading any Posted Materials, you grant to hopstep (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 hopstep to use, exploit or otherwise enjoy the benefit of such Posted Material.

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

8 OUR CONTENT
Unless we indicate otherwise, all materials used in the App (including text, graphics, logos, icons, sound recordings and software) are subject to Intellectual Property Rights that are owned or licensed by us.
You can only access and use these materials for the sole purpose of enabling you to use the App, except to the extent permitted by law or where you have received prior written approval from us.

9 THIRD PARTIES

9.1 THIRD PARTY CONTENT
The App may contain text, images, data and other content provided by a third party (Third Party Content). We’re not responsible for any of this Third Party Content and we make no representation or warranty about the quality, suitability, accuracy, reliability, currency or completeness of any Third Party Content.

9.2 THIRD PARTY LINKS
The App may also contain links to websites operated by third parties (Third Party Links). Third Party Links are provided for convenience and may not remain current or be maintained. We do not endorse and are not responsible for Third Party Links and have no control over or rights in linked websites.

9.3 THIRD PARTY TERMS AND CONDITIONS
By using the App, or any other third party service, you acknowledge and agree that third party terms & conditions (Third Party Terms) may apply (including app store providers such as Apple and Google).
You agree to any Third Party Terms applicable to any third party goods and services, and hopstep will not be liable for any loss or damage suffered by you in connection with such Third Party Terms.

10 NOTICE REGARDING APPLE
If you are accessing the App from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree:
(a) these Terms are between you and hopstep and not with Apple. Apple is not responsible for the App or any content available on the App;
(b) Apple has no obligation whatsoever to furnish any maintenance and support services for the App;
(c) in the event of any failure of hopstep to conform to any applicable warranty, you may notify Apple, and Apple will refund the price for the App, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs of expenses attributable to any failure to conform to any warranty will be hopstep’s responsibility;
(d) Apple is not responsible for addressing any claims by you or any third party relating to the App, including, but not limited to:
(i) product liability claims;
(ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation;
(e) in the event of any third party claim that the App or your use of the App infringes any third party’s intellectual property rights, Apple will not be responsible for the investigation, defence, settlement and discharge of any such claim;
(f) that you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting’” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties;
(g) you must comply with applicable third party terms of agreement when using the App; and
(h) Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary.

11 OPERATION OF THE APP DEPENDENT ON THIRD PARTIES
You acknowledge that the App are dependent on software and hardware developed by third party providers such as Apple and Google. If following an update by such third party provider, the App can no longer function as they did prior to the update, we will not (to the maximum extent permitted by law) be liable to you for any loss or damage you might suffer as a result.

12 SERVICE LIMITATIONS
The App are made available to you strictly on an ‘as is’ basis. We can’t guarantee, and make no warranties, to the extent permitted by law, that:
(a) the App will be free from errors or defects;
(b) the App will be accessible or available at all times;
(c) messages sent through the App will be delivered promptly, or delivered at all;
(d) information you receive or supply through the App will be secure or confidential; or
(e) any information provided through the App is accurate or true.

13 SECURITY
We do not accept responsibility for any unauthorised use, destruction, loss, damage or alteration to your data or information (including Posted Materials), your computer systems, mobile phones or other electronic devices arising in connection with use of the App. You should take your own precautions to ensure that the process which you employ for accessing the App does not expose you to the risk of hacking, malware, ransomware, viruses, malicious computer code or other forms of interference.

14 LIABILITY
To the maximum extent permitted by applicable law, hopstep limits 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 App to $100 (AUD) in aggregate. This includes the transmission of any computer virus.
You agree to indemnify hopstep and its employees, contractors and agents in respect of all liability for loss, damage or injury which may be suffered by any person arising from, or in connection with, you or your representatives use of the App and/or breach of these Terms.
All express or implied representations and warranties given by us are, to the maximum extent permitted by applicable law, excluded.
Nothing in this agreement 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, replacement or repair) if there is a failure with the goods or services we provide.
To the maximum extent permitted by law, under no circumstances will hopstep 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 App, these Terms or their subject matter (except to the extent this liability cannot be excluded under the Competition and Consumer Act 2010 (Cth)).

15 CANCELLATION

15.1 CANCELLATION BY YOU
You are responsible for the cancellation of your hopstep Account. You can cancel your hopstep Account at any time by using the functionality provided in the app.

15.2 CANCELLATION BY US
To the extent permitted by law, we reserve the right to terminate your access to any or all of the App or any part of the App at any time without notice, for any reason.
We may also terminate your access to any or all of the App at any time without notice if you breach any provision of these Terms.

15.3 EFFECT OF CANCELLATION
Upon cancellation, termination or expiry of your hopstep Account, we will delete any Posted Materials associated with your hopstep Account. You won’t be able to recover any of this after cancellation, termination or expiry of your hopstep 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, termination or expiry of your hopstep Account.

15.4 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.

16 PRIVACY
You agree to be bound by the clauses outlined in hopstep’s Privacy Policy, which can be found here https://hopstep.com/privacy-policy-app

17 LOCATION OF SERVICES
hopstep controls the operation of the App from headquarters located in Australia. Some Services or parts thereof may be operated from, or hosted on mirrors or servers, at various locations outside of Australia.
We make no representation or warranty that all of the features of the App will be available to you outside of Australia or that they are permitted to be accessed outside Australia.
You’re solely responsible for your decision to use the App from other locations and you acknowledge that such use may be subject to, and you are responsible for, compliance with applicable local laws in relation to your use of the App.

18 NOTICES
(a) A notice or other communication to a party under this agreement must be:
(i) in writing and in English; and
(ii) delivered via email to the other party, to the email address specified in this agreement, or if no email address is specified in this agreement, then the email address most regularly used by the parties to correspond regarding the subject matter of this agreement as at the date of this agreement (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 an 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, 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.

19 GENERAL

19.1 GOVERNING LAW AND JURISDICTION
This agreement is governed by the law applying in New South Wales, Australia. Each party irrevocably submits to the exclusive jurisdiction of the courts of New South Wales and courts of appeal from them in respect of any proceedings arising out of or in connection with this agreement. 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.

19.2 WAIVER
No party to this agreement 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.

19.3 SEVERANCE
Any term of this agreement 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 this agreement is not limited or otherwise affected.

19.4 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.

19.5 ASSIGNMENT
A party cannot assign, novate or otherwise transfer any of its rights or obligations under this agreement without the prior written consent of the other party.
19.6 COSTS
Except as otherwise provided in this agreement, each party must pay its own costs and expenses in connection with negotiating, preparing, executing and performing this agreement.
19.7 ENTIRE AGREEMENT
This agreement 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 this agreement.

19.8 INTERPRETATION
(a) (singular and plural) words in the singular includes the plural (and vice versa);
(b) (currency) a reference to $; or “dollar” is to Australian currency;
(c) (gender) words indicating a gender includes the corresponding words of any other gender;
(d) (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;
(e) (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;
(f) (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;
(g) (this agreement) 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 this agreement, and a reference to this agreement includes all schedules, exhibits, attachments and annexures to it;
(h) (document) a reference to a document (including this agreement) is to that document as varied, novated, ratified or replaced from time to time;
(i) (headings) headings and words in bold type are for convenience only and do not affect interpretation;
(j) (includes) the word “includes” and similar words in any form is not a word of limitation; and
(k) (adverse interpretation) no provision of this agreement will be interpreted adversely to a party because that party was responsible for the preparation of this agreement or that provision.

Terms and Conditions App store

TERMS OF SERVICE FOR CANDIDATES

For purposes of this hopstep General Terms of Service for Candidates, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as a Candidate. As a Candidate, you are permitted to use hopstep’s Site and its content solely for non-commercial purposes.
1. Jobs
(a) hopstep may make available through advertising, employment opportunities and other job-related content, (“Jobs”), through hopstep’s search results or otherwise through the Site. Searching for Jobs on hopstep is free for Candidates.
(b) hopstep displays Jobs based on a combination of compensation paid by Providers to hopstep and relevance, such as search terms, and other information provided, and activities conducted on hopstep.
(c) While hopstep is compensated by Providers who post Jobs, helping keep hopstep advertisement free for Candidates, all Jobs are considered advertising.
(d) Jobs are created and provided by third parties over whom hopstep exercises no control; you acknowledge and understand that hopstep has no control over the content of Jobs, links to or from Jobs, or any conditions third parties might impose once a Candidate has submitted an application or left the Site.
(e) If you leave the hopstep Site and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party.
(f) hopstep has no obligation to screen any Jobs, or to include any Jobs, in its search results or other listings, and may exclude or remove any Jobs from the Site or your search result without any obligation to provide reasoning for removal or exclusion.
(g) You understand and agree that hopstep has no obligation to present you with any or all Jobs. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Provider or other user, including the identity of such Provider or other user. hopstep assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Jobs, or other information submitted by any Provider or other user.
(h) When you initiate a job application on a website operated by a Provider or its applicant tracking system, hopstep may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons.
(i) The information collected includes, for example, information about Jobs you viewed and job applications you started and completed. A Provider who uses tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that hopstep has no control over such a Provider or its website. You agree to hopstep’s use of, and receipt of information from, any such tracker functionality.
(j) hopstep may provide independent functionality to assist you. For example, hopstep may provide search options to help you narrow down Jobs search results by job type categories (i.e., full-time, part-time, etc.), and such categories are created independently and entirely by hopstep and may not directly or accurately reflect the content of the Jobs.
(k) The placement of a Job on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of a Provider.
(l) hopstep does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Jobs, and no inferences can be drawn with respect to Jobs or Providers that are not displayed on dedicated pages.
2. Resume and Profile
(a) By creating a searchable resume through the Site (“hopstep Resume”) or uploading your Resume on the Site (collectively, “your Resume” or “Candidate Resume”), you are requesting and authorizing hopstep to make available.
(b) Your Resume is only available to Providers you have connected with on our Site. We offer you the option to make your Resume searchable on hopstep to help you find a job. You are responsible for keeping your Resume accurate and up to date.
(c) If you and a Provider are a match, then the Provider will have the ability to download your Resume and use it in the ordinary course of recruitment.
(d) When you provide your Resume on hopstep, your Resume is set to searchable on hopstep (“Searchable”) by default. If you do not want hopstep to make available your Resume to third parties or if you do not want Providers to contact you, set your hopstep Resume and uploaded your Resume to not searchable on hopstep (“Not Searchable”). Resumes that are not searchable on hopstep are only made available to those to whom the Candidate has submitted an application, connected with, or provided their resume.
(e) Applying to jobs or otherwise sharing your Resume with Providers may result in your Resume being copied and published even if it is set to Not Searchable. While you may change your Profile privacy settings at any time, setting your Profile to Not Searchable will not affect your previous applications or prevent Providers you responded to from contacting you. Profiles set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site, who can then make those Resumes publicly available elsewhere.
(f) If your Resume is copied in this manner, then setting it to Not Searchable on hopstep will not affect those third parties or the copies they have made of your Resume. Changes to your Resume on the Site may or may not be reflected on copies made by third parties.
(g) If you do not want your Resume to ever be publicly visible or copyable, you must keep it set to Not Searchable. hopstep assumes no responsibility and disclaims all liability for your Resume or application information that you share with Providers or otherwise make public.
(h) By creating a hopstep Resume or uploading your Resume on hopstep, hopstep may share with you Jobs that match the contents of your Resume.
(i) Even where hopstep shares a Job Ad with you, hopstep assumes no responsibility, and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Jobs or highlights.
(j) By uploading a Your Resume on the Site, you agree that hopstep may convert Your Resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend, and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact hopstep to do so. It may take a few days for updates to your account or your Resume to be reflected. hopstep assumes no responsibility and disclaims all liability for your Resume or other application information you post, send, or receive through the Site.
(k) If you have a hopstep account, a hopstep Resume, or an uploaded Resume, you agree that hopstep may associate your Resume data with your profile on hopstep (“hopstep Profile”). Your hopstep Profile consists of information you provide on the Site in the “Profile” section of your account. This includes your hopstep Resume and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work, or pay. Information in your hopstep Profile, except as otherwise indicated on the Site, may be available to third parties, such as Providers.
(l) If you do not want hopstep to make your hopstep Profile available to third parties or if you do not want Providers to contact you, set your hopstep Resume and uploaded your Resume to Not Searchable or remove your Resume. You can enable the ready to work feature on your profile to let Providers know that you can start work immediately. hopstep may disable that feature from your profile after a certain time, but you can manually enable it again.
3. Applying to Jobs Through hopstep
(a) Any resume or application information that you submit through the Site, including Personal Data included in a resume, application or responses to screener questions and assessments (“hopstep Apply”), is subject to this Agreement and to hopstep’s Privacy Policy.
(b) You acknowledge that prior to submitting an application through hopstep Apply, you are responsible for reviewing and confirming that you are applying to your desired Provider. Once you provide information to a Provider (whether in the form of a job application, resume, email, interview material or otherwise), hopstep does not have control over the Provider’s use or disclosure of that information. If you want to request the Provider delete, modify, or maintain confidence over any such information, you must make such a request directly to the Provider.
(c) Unsubscribing from calls from Providers through hopstep does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Provider directly to request such alternative method, as hopstep is not responsible for the Provider application process.
(d) When you ask hopstep to submit your application or other information through hopstep Apply, you are sending Your Resume and application information to hopstep, and you are requesting and authorizing hopstep to make available such application information to the applicable Provider(s) for the indicated Job Listing(s).
(e) You further agree to hopstep’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask hopstep to transmit an application or a message, including, but not limited to, a signed offer letter, to a Provider via hopstep Apply or hopstep’s relay system, or store such application, you understand that this is without warranty, and that hopstep reserves the right to reformat such application or message.
(f) Additionally, you consent to your application and any responses sent to you by the Provider (including offer letters) through hopstep being processed and analysed by hopstep according to this Agreement and hopstep’s Privacy Policy.
(g) When you apply to a job using the Site, hopstep will attempt to send your application to the contact information provided to us by a Provider or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Provider.
(h) You agree that Providers can enable such service providers to access and manage their hopstep accounts, including by connecting to and integrating with APIs provided or used by hopstep. By applying for a job through hopstep, you agree to Provider’s use of such service providers, and acknowledge that such use may involve an intermediary’s access to job applications sent to its Provider client.
(i) We cannot guarantee that such messages and applications will be delivered, received, accessed, read, or acted upon. hopstep also does not guarantee that any Provider will receive, be notified about, access, read or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data.
(j) hopstep depends on the Provider or the Provider’s agent to provide hopstep with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Providers. If the electronic destination provided to hopstep is incorrect, your application materials will not be sent to the intended recipient of the application. Further, hopstep does not guarantee that the interface will be error-free. However, hopstep may alert you when any of the above events occur.
(k) Please note that Jobs may expire between the time you submit your application and from the time it is received. hopstep has no responsibility for expired Jobs or for delivering applications prior to a Job Ad’s expiration, and hopstep and its third-party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs.
(l) Third party sites, including ATSs used by Providers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to a Provider for any reason. If you do not feel comfortable sending an application or messages in this manner, or having your application or messages stored by hopstep on hopstep’s or third-party providers’ servers, do not use the Site or hopstep relay functions and please send your application or messages directly to the Provider by whatever other method you so choose, including the public mail system. You may contact the Provider directly to find alternative methods of application if you do not wish to apply through hopstep. By using the Site, you fully consent to the above.
(m) By using hopstep, you agree that hopstep is not responsible for the content of the Provider’s job application, messages, screener questions, skills assessments or their format or method of delivery, and that hopstep does not guarantee receipt of your application by the Provider, or your receipt of messages from the Provider.
(n) Please note that hopstep does not choose the questions asked by Providers or decide the job qualification criteria of Providers. You must contact the Provider if you require alternative methods of screening. Some questions may be labelled as Optional, indicating only that the application may be submitted to the Provider without providing an answer.
(o) hopstep cannot guarantee that the Provider will consider such an application or make a particular determination regarding such an application. hopstep does not guarantee the identity of a Provider or any individuals working for any Providers, and cautions Candidates when applying to jobs.
(p) hopstep cannot make any guarantee regarding health and safety measures in a Provider’s hiring or interviewing process. hopstep recommends Candidates follow personal health and safety best practices as recommended by the World Health Organization or similar institution.
(q) hopstep does not guarantee the validity of a job offer and cautions Candidates to verify the validity of a job offer before taking an adverse action regarding their current employment situations. Candidates are solely responsible for verifying the accuracy of any Provider or job offer.
(r) When you search for jobs on the hopstep Job Search app and proceed to apply for a job, including jobs on third party sites, hopstep may suggest information from your hopstep profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
(s) You acknowledge that as part of its efforts to combat fraud and spam, hopstep may require that users verify their email address. When you apply to a job through hopstep, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. Job Matching and Recommended Jobs
(a) Job matches are recommendations which may be presented to both you as a Candidate and to Providers in various formats on the Site. For example, hopstep may recommend Jobs which are similar to jobs to which you recently applied or recommend Resumes to Providers which match Jobs they post.
(b) To generate matches, hopstep uses data collected through our Site from both Providers and Candidates. This includes Jobs, Your Resume, your application materials (including responses to screener questions), and your activity on hopstep (such as searches you run and Jobs you click on and apply to). You agree and consent that hopstep may use this information to present potential matches to you and to potential Providers.
5. Communications and Other Actions on the Site
(a) When you view, send, store or receive communications or materials (including Jobs, resumes, messages, applications, questions and responses in applications, and any other information) on or through the Site, you agree to your communication and materials being processed, analysed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other hopstep policies, content moderation, and to improve the Site or any other hopstep product or service whether via automated means or otherwise.
(b) When a Provider views, sends, stores, or receives communications or materials through or using the Site, hopstep may inform you about such actions. Additionally, we may also inform you that a Provider has taken other actions with regards to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad.
(c) hopstep may inform the Provider about activities you take on the Site or your use of the Site, for example, whether you are online, recently active, or active on hopstep, and you hereby consent to hopstep taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails or email notifications corresponding with your or a Provider’s (in the event you applied for a job) activity on or use of the Site, hopstep Apply, or any other communications service, product, or feature provided on or through the Site.
(d) In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the Provider separately to ensure they know your response, do not rely on notifications through hopstep.
(e) hopstep disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
(f) hopstep may offer you the opportunity to receive a text message interview reminder from hopstep when a Provider has scheduled interviews with you. In such an event you will enter your phone number on the hopstep consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number.
6. Virtual Communications
(a) Providers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using hopstep products, including but not limited to, hopstep Interview, hopstep Hiring Platform, Virtual Evaluations, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”).
(b) You understand that hopstep is not a telecommunications service provider and that hopstep is only providing the option for you to communicate with Providers via services that may be offered by third-party providers.
(c) Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers.
(d) We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. hopstep does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. hopstep is not liable for any claims arising out of your use of Virtual Interviews and you release hopstep from any such claims.
(e) You understand that hopstep does not guarantee the Provider’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Provider is responsible for any and all questions, comments, or hiring decisions made. Further, Providers are responsible for any accommodations you need during Virtual Interviews.
(f) Virtual Interviews May be Recorded: You understand that a Provider may enable the recording of a Virtual Interview, or you may be given the option to pre-record an interview to provide to the Provider. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of a Provider on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview.
(g) By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that hopstep and third-party providers can store, access, and analyse the recording. Also, you agree that a Provider that receives pre-recorded interviews or activates the recording function, can access, store, use, analyse, and share the recording, and that this activity is outside of hopstep’s control.
(h) YOU FURTHER AGREE THAT HOPSTEP IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE HOPSTEP FROM ANY SUCH CLAIMS.
(i) YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, HOPSTEP IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. HOPSTEP ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT HOPSTEP DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT HOPSTEP DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

7. Screening Tools
(a) hopstep may make screening tools available to Providers for Provider use in the application process, including screener questions, phone screen tools and assessments. hopstep is licensing these tools for Providers’ use as determined by Providers.
(b) As a Candidate you agree that the Provider has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Provider and are not being asked by hopstep.
(c) The Provider is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.
(d) hopstep does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that hopstep is not procuring employees for Providers or procuring opportunities to work for Candidates. hopstep merely provides a tool enabling Providers and Candidates to exchange information as they determine.
(e) The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Providers or Candidates as applicable.
8. Salary and Other Information Provided by hopstep
(a) hopstep may provide salary and other information and content to users for informational purposes only. For example, hopstep may provide you with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview.
(b) This information provided by hopstep is based on estimates given for informational purposes only and without warranty and is subject to change or varying levels of accuracy.
(c) Please note that all salary figures displayed on hopstep are approximations based upon multiple third-party submissions to hopstep, including from hopstep affiliates. These figures are given to hopstep users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction, and you should consult the Provider for actual salary figures.
(d) hopstep may also display publicly available information about Providers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties.
(e) hopstep assumes no responsibility, and disclaims all liability for the content, accuracy including the translation of any user generated content which is translated using Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Provider for the most accurate and up-to-date company information.
9. Your Candidate Data
(a) As a Candidate, you take a variety of actions on our Site, and you provide various information. For example, you search for jobs, and hopstep knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Jobs), the Jobs you apply to, your amount of activity or time of most recent activity on hopstep, and any other information you provide directly to hopstep including desired salary, past experience, any information in your hopstep Profile, and any of your other behaviour on the Site.
(b) You know exactly what this data is because you are the person who provided the information or undertook the activity, and the data pertains only to your activity. By using hopstep, you acknowledge and agree that hopstep collects, records, processes, analyses, and stores any and all information you provide and activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site.
(c) When you initiate a job application on a website operated by a Provider or its applicant tracking system, hopstep may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies, and web beacons.
(d) The information collected includes, for example, information about Jobs you viewed and job applications you started and completed. A Provider who provides tracker functionality is required under this Agreement to provide any notice, and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that hopstep has no control over such a Provider or its website. You agree to hopstep’s use of, and receipt of information from, any such tracker functionality.
(e) If you have an hopstep account or a Candidate Resume, you agree that hopstep may associate this data with your hopstep Profile and use this observed factual data to suggest jobs to you and to suggest you or your Searchable resume to Providers that might be interested in a person who matches your behaviour on hopstep.
(f) You also agree that hopstep may contact you based on this observed behaviour or provided info on behalf of Providers or hopstep itself. Please note, the aforementioned actions do not include information sent to you by a third party, however, hopstep may publicly display the fact that you have recently used the hopstep Site to correspond with a third party.
(g) In addition, if you set Your Resume to Searchable, this means that hopstep may share all the aforementioned information about yourself with third-party Providers. If you do not wish to share such information, you may set Your Resume to Not Searchable. When you make changes to your hopstep Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.
(h) If you do not want your Demographic Information to be used in this way, do not provide it to hopstep (or, if you have already provided your Demographic Information to hopstep, you can request it be removed). You further acknowledge and agree that another Candidate’s Demographic Information is personal information, and to the extent permitted by law you waive any right to request or view Demographic Information pertaining to any other Candidate.
(i) Please note that hopstep may be required to comply with legal obligations or governmental requests or to establish or exercise its legal rights or defend against legal claims. This means, for example, that hopstep may receive legal process from courts or law enforcement to reveal user data, including demographic data.
10. Candidate Conduct
(a) By accessing and using this website, you agree to conduct yourself in a respectful and lawful manner. You shall not engage in any activities that are harmful, offensive, or disruptive to other users, or that violate any applicable laws or regulations. This includes, but is not limited to, refraining from:
(b) Impersonating any individual, company, or entity, or engaging in any fraudulent or deceptive activities.
(c) Violating the privacy of other users or collecting their information without their consent.
(d) Intentionally spreading viruses, malware, or engaging in any hacking or unauthorised access to the website’s systems.
(e) Posting, transmitting, or sharing any content that is defamatory, obscene, threatening, or infringing upon intellectual property rights.
(f) Interfering with the proper functioning of the website or its services, including engaging in excessive automated requests or spamming.
(g) Engaging in any activity that promotes or incites discrimination, harassment, or violence based on race, gender, religion, nationality, sexual orientation, or any other protected characteristic.
(h) Violation of this conduct clause may result in the termination of your access to the website and potential consequences. The website reserves the right to take appropriate action, including reporting any unlawful activities to the relevant authorities.
(i) By continuing to use this website, you acknowledge and agree to abide by their conduct guidelines and understand that your conduct may be monitored by the website administrators.
10. Governing Law and Dispute Resolution
(a) This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of Victoria.

Terms and Conditions – Candidates