Part 1 - Introduction

Welcome to Apollo. We’re committed to delivering the best experience we can, so we’ve put together these Terms of Use to define how you use our Website and App.
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1.1. This website at www.apollosecure.com (the Website) along with our web app at app.apollosecure.com (the App) are operated by Apollo Secure Pty Ltd (ACN: 663 095 065) (Apollo, us, we, our), located at Suite 2, Level 4, 109 Pitt Street Sydney NSW 2000.  

1.2. These Terms of Use comprise:
Part 1 – Introduction
Part 2 – Privacy Policy
Part 3 – Terms of Sale
Part 4 – Terms of Use
Part 5 – General

1.3. These Terms of Use are important as they govern your use of the Website and App, our trading relationship and your purchase of Apollo products from us. Please read them carefully.

1.4. By using the App or when making purchases on the Website, you agree to be bound by these Terms of Use. If you purchase Apollo products from third parties, you may also be subject to the terms of trade of those third parties.  

1.5. Apollo reserves the right to change these Terms of Use from time to time without notice. It is your responsibility to regularly check these Terms of Use for any changes prior to you using the Website and App or purchasing any Apollo product. Your continued use of the Website and App or purchase of any Apollo product whether from this Website or from a third party following the posting by us of any version of these Terms of Use, confirms your acceptance of the updated Terms of Use including all changes.

1.6. You warrant and represent that you have the legal right and ability to enter into legally binding agreements with Apollo. You must be at least 18 years of age or have the consent of a parent or guardian to accept these Terms of Use and to purchase any product from this Website or to use the App.

1.7. If you are using the Website or App on behalf of a company or other legal entity, you warrant and represent that you are authorised to use this Website or App for and on behalf of that company or other legal entity and that you are authorised to bind such company or other legal entity to these Terms of Use.

1.8. To report any problems regarding the Website, please contact Apollo at support@apollosecure.com.

Part 2 – Privacy Policy

2.1. The Apollo Privacy Policy found at www.apollosecure.com/privacy-policy is incorporated into and forms part of these Terms of Use.

Part 3 - Terms of Website Sales

Placing an order
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3.1. Apollo sells a cybersecurity platform (the Product) and related services (the Services).

3.2. To purchase a subscription to the Product (a Subscription), please select it from the Website and confirm your payment details. Your selection of a Product constitutes an offer by you to Apollo to subscribe to the selected Product on this Website (Order). All Orders are subject to acceptance by Apollo.  

3.3. Apollo will confirm acceptance of the Order when your payment is received in full as cleared funds by setting up your account and by sending an invoice to you by email confirming that your order has been accepted.

3.4. Orders accepted by Apollo can only be cancelled by Apollo in its sole discretion, including the recovery of its reasonable costs for the acceptance of the Order and its cancellation. You may contact us in order to make a request for the cancellation of an Order including an explanation of the reason for your cancellation request.
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‍Price

3.5. Prices appearing on this Website are in the currency shown on the site. This will be the local currency where available or the closest currency to your location that we support. Prices are typically exclusive of sales tax (such as GST or VAT) where applicable, but please take note of whether the Prices are displayed as being inclusive or exclusive of any applicable sales tax, as this may vary from region to region.

3.6. The cost of your Order will be the price of the Products and/or Services ordered on this Website.  

‍Payment

3.7. To pay for an Order, simply enter the requested details when prompted to do so on the Checkout page of this Website or payment request.

3.8. We accept Visa, MasterCard and PayPal methods of payment for an Order. You will be solely liable for all credit card charges, bank charges and any PayPal charges on the transaction for each Order.

3.9. Once your payment has been authorised by your bank, the Order will be processed and Apollo will issue a Tax Invoice if required under the relevant laws.

3.10. You are not entitled to exercise any right of set-off against moneys payable to Apollo in respect of your Order.  

‍Warranty

3.11. Apollo warrants that all Products sold under these Terms of Use will conform in all material respects to the specification for the period of your Subscription (Warranty Period).

3.12. If you consider that a Product does not conform to the specification or is not in accordance with your Order, please contact us at support@apollosecure.com as soon as possible within the Warranty Period. Apollo support staff will attempt to resolve the issue with you via email or over the phone where required and try to determine if there is a technical fault with the Product.

‍Product description

3.13. We take all reasonable measures to ensure that details and descriptions of the Products shown on this Website are as accurate and complete as possible but you may find variations when using the Product.  

3.14. We do not warrant that the Product descriptions are complete or error-free.

Part 4 - Terms of Use

Your right to use the Website and App

4.1. The Website and App are only to be used for your company and work-related activities.  

4.2. As long as you comply with these Terms of Use, Apollo grants you a non-exclusive, non-transferable, limited right to enter, display and use the Website and App. You agree not to interrupt or attempt to interrupt the operation of the Website and App in any way.

‍Ownership

4.3. All materials on the Website and App, including but not limited to audio, images, software, text, artwork, video clips and other materials (Content) are protected by copyright under copyright law, international conventions and other intellectual property laws. You shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit, in whole or in part, the Website, the App or the Content. There are a number of proprietary logos, service marks and trademarks found on the Website and App, all of which are owned by, or licensed to, or otherwise authorized for use by Apollo. By making them available on the Website and App, Apollo is not granting you any licence to utilize those proprietary logos, service marks or trademarks. Any unauthorized use of the Content may violate copyright laws, trademark laws, the laws of privacy and civil and criminal statutes.  

4.4. You may download one (1) copy only of the Content to be used only by you for your own use. If you download any Content from the Website and App, you may not remove any copyright or trademark notices or other notices that accompany it.

‍Your responsibilities

4.5. You may only use this Website, the App and the Products for lawful purposes, in a responsible and co-operative manner, and in accordance with these Terms of Use.  

4.6. It is your responsibility to ensure that your use of the Website and App complies with the Terms of Use and to seek prior written permission from Apollo for any uses not expressly permitted.

4.7. Apollo prohibits the use of the Website and App, for any of the following:
(a) transmitting or posting any message, information, data, text, software or images, or other materials (Material) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another's right of privacy;  
(b) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
(c) posting or transmitting any Material that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
(d) posting or transmitting any Material that contains a virus or corrupted data;
(e) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website and App or that adversely affects the availability of the Content on the Website and App to others;
(f) offering for sale or to distribute, exchange, modify or transmit any Content or any information received from Apollo; and
(g) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up this Website, the App or the Content or for the purpose of creating derivative works from the Website and App.

‍Your Account:

4.8. You may be required to create an account (Your Account) before you can access certain information or functionality on the Website and App. You must provide complete and accurate information when creating Your Account. You cannot use another person’s account and must immediately notify us of unauthorised use of Your Account. We reserve the right to co-operate with any legal order, direction or request to disclose the identity or other information relating to anyone posting Material which violates any law.

‍Rights to your Material

4.9. Apollo welcomes your feedback and is pleased to have you submit your comments regarding its Products. However, we request that you be specific in your comments, and that you do not voluntarily submit any ideas, suggestions or Materials related to the business of Apollo. If despite this request, you do voluntarily submit any ideas, suggestions or Materials related to the business of Apollo either directly to the Website and App or indirectly by means of any third party, including without limitation, Facebook, Instagram, Youtube, Pinterest or Twitter (Submissions), these Submissions shall be deemed, and shall remain, the exclusive property of Apollo. No Submissions shall be subject to any obligation of confidence on the part of Apollo, and Apollo shall not be liable for any use or disclosure of any Submissions. Without limitation to the foregoing, Apollo shall exclusively own the Intellectual Property rights and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and Apollo shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to the author(s) or provider(s) of the Submissions.  

4.10. You consent to Apollo (and its successors intitle, licensees, assignees and persons authorised by Apollo) doing any act or omitting to do any act comprised in any or all of your Moral Rights (including any similar rights that exist or may come to exist anywhere in the world) arising out of or in connection with the use of the Submissions in any manner and in any media now known or devised in the future, regardless of whether such conduct amounts to derogatory treatment. If requested by Apollo, you will execute such documents so as to give effect to the grant of rights and consent in these Terms of Use.

4.11. Apollo does not usually actively supervise, edit, control, monitor or censor the Submissions. However, Apollo may from time to time review Submissions and you acknowledge that Apollo retains the right to edit or take down Submissions and may suspend you from participating on the Website and App in Apollo's sole discretion. You also acknowledge that some views or opinions expressed are those of other users of the Website and App which are not necessarily shared by Apollo and Apollo does not endorse any Submissions or any opinion, recommendation or advice contained in them.  

4.12. You irrevocably waive any right which you have or which you may in the future have to make any claim or demand or institute any legal or quasi legal proceedings against Apollo based on the contents of any Submissions included on the Website and App.  

4.13. If a breach of these Terms of Use is brought to our attention, Apollo may at our option reject, refuse to post or remove Submissions from the Website and App or prohibit a user from accessing the Website and App. In any event, Apollo reserves its absolute right to withdraw permission for a user to access this Website or App at any time.

4.14. If you think that a comment that has been posted is offensive, unsuitable or has in some other way breached these Terms of Use, please contact us with a link to the comment and your reasons for objecting to it. We will consider whether there are grounds for editing or removing the comment and take appropriate action, but you won’t necessarily be contacted as to our decision.

4.15. By posting Submissions on the Website and App, you agree to the following:  
(a) you are entering into a communication with us and we can contact you via email and other electronic messages in relation to the Submissions or with information that we believe will be directly relevant and of interest to you. You have the option to opt out of this service at any time upon notice and you may contact us to provide the notice.
(b) if you have chosen to receive email updates and newsletters, if any, these can be cancelled at any time and you may contact us to provide the notice of cancellation.

‍Security of electronic transmissions

‍4.16. There is in inherent risk in sending communications over the internet. You understand that any message or information you send to the Website and App may be read or intercepted by others, unless there is a special notice that a particular message is encrypted. Sending an email message to Apollo does not create any reciprocal obligation or responsibility of Apollo to you.  

‍Links to other websites
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‍4.17. This Website and App may contain links to other Internet sites. Apollo provides such links for your convenience only, and is not responsible for the content of any website linked to or from the Website and App unless it is owned or published by Apollo. Links from the Website and App to any other website do not indicate that Apollo approves of, endorses, sponsors or recommends that website. Apollo disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other website.

‍Use of Website and App by children

‍4.18. The Website and App are intended for users over 18 years of age and we do not ensure that all content on the Website and App is appropriate for children. All visitors to the Website and users of the App under 18 years of age must obtain the consent of their parents or legal guardians. Children using the Website and App will be subject to and are bound by these Terms of Use and your parent or guardian will be deemed to accept the application of these Terms of Use to your use of this Website. Apollo requests that parents and guardians supervise their children when accessing or using the Website and App. No Submissions should be submitted to, or posted at, the Website or App by visitors under 18 years of age without the consent of their parent or guardian. If you are under 18 years of age and you post a Submission you and your parent or guardian will be deemed to accept the application of these Terms of Use to that Submission.

‍Termination

‍4.19. The right to access and use the Website and App granted by way of these Terms of Use is effective until terminated by either party. You may terminate such right under these Terms of Use at any time by deleting all Content obtained by you or held in your possession and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. Your right to access and use the Website and App will terminate immediately with or without notice from Apollo if in the sole opinion of Apollo, you fail to comply with any term or provision of these Terms of Use.  

4.20. Upon termination, you must delete all Content obtained by you or held in your possession and all copies thereof, whether made under these Terms of Use or otherwise. All other provisions of these Terms of Use which in order to give effect to their meaning need to survive the termination of your right to access and use the Website and App (including without limitation all restrictions imposed on you, licenses granted by you and all releases and indemnities provided by you together with all disclaimers and limitations of liability in favour of Apollo) will survive termination.

Part 5 – General

Intellectual Property

5.1. All Intellectual Property rights in Apollo Products, including without limitation the App and any Products supplied in relation to an Order from this Website are retained by Apollo and you are not entitled to reverse engineer or re-brand the Products in any way.  

‍Disclaimers

5.2. Apollo acknowledges that Apollo Products supplied to you may come with guarantees under the consumer law that cannot be excluded. Apollo gives no additional warranties or guarantees of any kind (whether express or implied) in relation to any Apollo Products, beyond those obligations.

5.3. Apollo is under no obligation to keep and maintain your Material or Submissions. Apollo is not obliged to make any back-up(s) of data submitted by you.

5.4. While all reasonable care has been taken in publishing and maintaining the Website and App, Apollo and sponsors of any material presented on the Website and App accept no liability or responsibility whatsoever for, or in respect of, any use of the Website and App or any reliance upon material contained on the Website and App or any linked website. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.  

5.5. Apollo will not be liable for any Loss resulting from any action or decision by you in reliance on the material or Content on the Website and App, nor any interruption, delay in operation or transmission of the Website and App. You are solely responsible for any damage to your computer systems or loss of data that results from your use of the Website and App.

5.6. You expressly acknowledge and agree that Apollo does not exert control over users of the Website and App and Apollo is not liable either for their opinions or their behaviour, including any information or advice and any defamatory statements or offensive conduct on their part or the breach of any law including those relating to privacy.

‍Limitation of Liability

5.7. To the fullest extent permitted by law, Apollo, its related bodies corporate and their officers, employees, agents and contractors (the Apollo Group) will not be liable for any Loss or Consequential Loss that results from your use of the Apollo Product/s (including in accordance with these Terms of Use) even if Apollo or any other member of the Apollo Group was made aware of the possibility of such losses. If this provision is unenforceable in whole or in part in any jurisdiction in the world due to the relevant laws in that jurisdiction, then in no event will the liability of the Apollo Group or any member of that Group to you for any Loss or anything else exceed the price of the Apollo Product at the time you purchased the Product.  

5.8. To the fullest extent permitted by law, the Apollo Group will not be liable for any Loss or Consequential Loss that results from any use of or access to, or any inability to use or access the Website and App or the Content even if Apollo or any other member of the Apollo Group was made aware of the possibility of such losses. If this provision is unenforceable in whole or in part in any jurisdiction in the world due to the relevant laws in that jurisdiction, then in no event will the liability of the Apollo Group or any member of that Group to you for any Loss or anything else exceed the lesser sum of AU$1.00 and the amount paid by you, if any, for accessing the Website and App.  

5.9. Without limitation to any other provision in these Terms of Use, Apollo acknowledges that the Competition and Consumer Act 2010 (Cth) and other statutes from time to time enforced in Australia may imply warranties or conditions or impose guarantees or obligations upon Apollo in relation to the Products and Services available on this Website which cannot be excluded, restricted or modified except to a limited extent. If any such statutory provisions apply in Australia, then to the extent to which Apollo is entitled to limit its liability under that statutory provision (including, pursuant to Schedule 2, Sections 64A and 276A of the Act), the Apollo liability shall be limited to any one or more of the following in its sole discretion:
(i) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the cost of replacing or repairing the goods or acquiring equivalent goods;
(ii) in the case of any service, the supply of the Services again, or the payment of the cost of having the Services supplied again.

‍Release and indemnity

5.10. You release the Apollo Group from and against all Loss resulting from:  
(a) your use of the Website and App;
(b) any activity by you or a third party relating to Your Account;
(c) your improper use of the Apollo Products; and
(d) any failure to comply with these Terms of Use.  

5.11. You agree to indemnify and keep indemnified Apollo from and against any Loss which Apollo incurs or suffers as a result of any default by you in respect of these Terms of Use or of any act or omission by you in connection with your use of the Website and App.

‍Assignment

5.12. You may not assign your rights or negate your obligations under these Terms of Use without the written consent of Apollo.

5.13. Apollo may assign its rights or negate its obligations without your prior approval.

‍Force Majeure

‍5.14. Apollo will not be responsible for delays or failure of performance resulting from acts beyond its reasonable control. Such acts shall include, but not be limited to, acts of God, strikes, walkouts, riots, acts of war, epidemics, failure of suppliers to perform, governmental regulations, power failures, earthquakes or other disasters.

‍Variation

‍5.15. No variation of these Terms of Use will be of any force or effect unless such variation is posted on the Website by Apollo or issued to you in writing signed by an authorised representative of Apollo.  

5.16. If you request any amendments to these Terms of Use as part of your Order or in any other standard business forms employed by you (except as to the quantities of Products requested in an Order in accordance with these Terms of Use) such amendments will not apply or be binding on Apollo unless a variation is agreed in writing by Apollo.

Entire Agreement

‍5.17. These Terms of Use constitutes the complete and entire agreement and/or arrangement between you and Apollo and supersedes all previous communications, oral or written, between us and in connection with the subject matter hereof. No representations or statements of any kind made by you or by Apollo that are not expressly stated herein shall be binding on either you or Apollo.

‍No Waiver

5.18. No delay or failure in exercising any right hereunder and no partial or single exercise thereof shall be deemed to constitute a waiver of such right or any other rights hereunder. No consent to a breach of any express or implied term of these Terms of Use shall constitute consent to any prior or subsequent breach.  

‍Severability

5.19. In the event any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be unenforceable, such provision shall be amended only to the extent necessary to make it enforceable, and the other provisions of these Terms of Use will remain in full force and effect.

‍Notices

5.20. Any notice required or authorisation to be given under or pursuant to these Terms of Use must be in writing and may be forwarded by email and such email will be deemed to have been properly given twelve (12) hours after sending unless the sender is notified of a delivery failure. You may send an email to contact us and you must clearly identify yourself. Apollo may send an email to the email you supply for the purposes of Your Account or any other email address that you use in connection with your access to the Website and App or in connection with any purchase of a Apollo Product.

‍Consents and approval

‍1.21. Where these Terms of Use gives you or Apollo a right or power to consent or approve a matter under these Terms of Use, the relevant party may withhold any consent or approval in its sole discretion or give consent or approval conditionally or unconditionally, subject to any clause that states otherwise. The party seeking consent or approval must comply with any conditions the other party imposes on its consent or approval.

‍Governing Law and Forum

5.22. These Terms of Use and any dispute arising out of or in connection with it shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, excluding its conflict of laws’ provisions and excluding the United Nations Convention on Contracts for the International Sales of Goods. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia and the courts of appeal from them for determining any dispute concerning these Terms of Use or the transactions contemplated by it. You waive any right you have to object to an action being brought in those courts including that the action has been brought in an inconvenient forum or that those courts do not have jurisdiction. Apollo reserves the right to commence proceedings and seek relief in any court of competent jurisdiction and under the law of that jurisdiction in order to enforce its rights under these Terms of Use.

‍Interpretation

5.23. In these Terms of Use, unless otherwise indicated by the context:

‘Consequential Loss’ means any form of indirect or consequential Loss including any third party Loss, loss or corruption of data, loss of profits, loss of revenue, business disruption, loss of opportunity, loss of anticipated savings, pure economic Loss and any increased operating costs suffered or incurred by any person whether arising in contract or tort (including negligence) or under any statute;

‘GST’ means the goods and services tax implemented under the New Tax System (Goods and Services Tax) Act 1999 (Commonwealth of Australia);

‘Intellectual Property’ means all present and future rights, title and interest conferred by statute, common law or equity in or in relation to copyright, trademarks, service marks, designs, inventions (including patents), circuit layouts, business and domain names, whether or not now existing and whether or not registered or registrable and includes:
(a) any right to apply for the registration of these rights;
(b) all renewals and extensions of these rights; and
(c) all ancillary rights or related rights;

‘Loss’ means all liabilities, losses, damages, expenses and costs (including legal costs and disbursements on a full indemnity basis and whether incurred or awarded), of any kind and nature whether arising in contract or tort (including negligence) or under any statute;

‘Moral Rights’ means all present and future rights of integrity of authorship, rights of attribution of authorship, rights not to have authorship falsely attributed and rights of a similar nature conferred by statute anywhere in the world;

‘Tax Invoice’ means a properly formatted invoice that is compliant with local laws;

‘VAT’ means the value added tax implemented under tax legislation in various countries across Europe and other regions.

5.24. In these Terms of Use, unless the context requires otherwise:
(a) headings are for convenience only and do not affect interpretation;
(b) words importing the singular include the plural (and vice versa), and words indicating a gender include every other gender;
(c) an obligation on two or more parties, binds all of them jointly and each of them severally;
(d) a reference to a ‘person’ includes a body corporate, an unincorporated body or other entity and conversely;
(e) a reference to any party to these Terms of Use or any other agreement or document includes the party’s successors and permitted assigns;
(f) an agreement, representation or warranty on the part of two or more persons binds each and all of them and in favour of two or more persons is for the benefit of each and all of them;
(g) a reference to any agreement or document is to that agreement or document as amended, novated, supplemented, varied or replaced from time to time, except to the extent prohibited by these Terms of Use or that other agreement or document;
(h) a reference to any legislation or to any provision of any legislation includes any statutory modification or re-enactment of it or any legislative provision substituted for it, and all ordinances, by-laws, regulations, rules and statutory instruments (however described) issued under it;
(i) a reference to conduct includes any omission and any statement or undertaking, whether or not in writing;
(j) this document or any part of it is not to be construed against a party because that party drafted or proposed it;
(k) where 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;
(l) the word ‘includes’ in any form is not a word of limitation;
(m) a reference to ‘$’ or ‘dollar’ is in AUD (unless otherwise stated);
(n) if any day appointed or specified by these Terms of Use for the payment of any money or doing of anything falls on a day which is not a business day, the day so appointed or specified shall be deemed to be the next business day;
(o) expressions used in these Terms of Use that are defined in the Copyright Act 1968 (Commonwealth of Australia) that are not separately defined in these Terms of Use have the meanings attributed to them in that Act.
(p) all warranties will have the force and effect of conditions.
(q) all warranties, representations, undertakings, releases and indemnities, and all limitation of liabilities will survive termination or expiration of these Terms of Use for any reason and are for the benefit of each party’s successors and permitted assigns.

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