These terms and conditions apply to the services offered on the ProfessionalR.com.au web site ("Site") by Milcom Communications Pty Ltd (ABN 59 078 820 774). Please read these terms and conditions carefully before using the Site. Your access to the Site is conditional upon you agreeing to be bound by these terms and conditions. Your use of, and/or access to, the ProfessionalR web site constitutes your agreement to the terms and conditions.

  1. Our services
    2.

    Milcom offers a variety of services related to employment and recruitment on the Site. These services may have specific terms and conditions which are explained at the time when you purchase those services, in addition to these general terms and conditions. Our services include: (a) making available to you general information regarding recruitment and employment; (b) making available to you non-specific information about individuals whose qualifications and background meet your specific criteria for possible employment; and (b) at your request, contacting those individuals on your behalf and facilitating direct communication between your organisation and those individuals.

    Milcom takes no responsibility for, and makes no promises or warranties in relation to, the outcome of the services provided via the Site, including but not limited to the services listed above. We do not guarantee that you will be successful in finding suitable candidates for employment.

  2. Use of the Site and material
    3.

    You agree that you will use the Site in accordance with these terms and conditions and that you will not re-sell services from the Site unless specifically authorised by Milcom. You will not use the Site for any unlawful purpose. You will not violate or attempt to violate the security of the Site.

  3. Candidate information
    4.

    We may make available on the Site general information about the training, skills and work experience of individuals ("Candidates") who indicate that they would like to be contacted when employment opportunities arise. However, we will not disclose to you the name or other personal details of Candidates without first obtaining their permission. Nothing in these terms and conditions will be construed in a manner so as to impose on Milcom any obligation to provide services which contravene the Privacy Act 1988 (Cth) or its Privacy Policy. If you indicate to us that you wish to contact a Candidate, you acknowledge and agree that we may forward that information, including your contact details, to the relevant Candidate. Use of any personal information provided by Milcom to you is subject to the terms of Milcom’s privacy policy. Milcom is not responsible for the conduct of Candidates and does not warrant the accuracy, reliability, currency or completeness of information relating to any Candidate made available on the Site.

  4. Accuracy of information you submit
    5.

    You agree that the information which you provide to Milcom including but not limited to details of your business, company or organisation is accurate and is not misleading. You agree to unconditionally indemnify us for any loss, damages, costs or expenses incurred by Milcom arising from false or misleading information which you have provided to us and agree to hold Milcom harmless against any claims by third parties arising therefrom.

  5. Copyright and trade marks
    6.

    All intellectual property, including trademarks, copyrights, trade names and other items on the Site remain with Milcom, its affiliates, licensors or respective owners. You do not have the rights to use this intellectual property and you may not download, copy or reproduce any material on the site without the express written permission of its owner or as otherwise may be permitted under the Copyright Act 1968 (Cth). Nothing in this Agreement will be construed as conferring upon you the powers of an authorised user prescribed in section 26 of the Trade Marks Act 1995 (Cth).

  6. Third party links

    7. Various parts of the Site contain hyperlinks to other sites operated by third parties. Milcom does not control and is not responsible for the content or conduct of any site linked to or from the Site. While we may provide hyperlinks to these sites, these hyperlinks are for your convenience only and are not a guarantee or endorsement of those sites or services or their content or quality.

    The Site may contain third party advertisements (including banner ads, partial and full page advertisements) which may contain embedded hyperlinks or include referral buttons to sites operated by third parties or their licensees or contractors. All third party advertising (including referral buttons and embedded hyperlinks) is paid for by the relevant third party advertisers and must not be construed as either recommendations or endorsements by Milcom or its directors or employees. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services.

    In some instances, the advertisement may contain representations or offers by the third party advertiser which you can accept by linking to the advertiser's site and executing the relevant transaction. Such offers are made by the third party advertiser and not Milcom, and the third party advertiser is solely responsible to you for the delivery of any goods or services you purchase on the third party site.

  7. Termination

    8. Milcom reserves the right to, at any time, terminate the registration of any user or to cease providing services. In the event of termination, you are no longer authorised to access the Site, but all restrictions imposed on you and all Milcom disclaimers and limitations of liability set out in the terms and conditions will survive, as well as any other part of these terms and conditions which, by their nature, survive termination.

  8. Taxes

    9. You will be responsible for any and all taxes payable as a consequence of your use of the Site and any services offered to you through the Site, including any tax which may be payable on any good or service, value added or other like tax.

  9. Payment terms
    10.

    Payment for the use of the Site and any services offered to you through the Site is made at the time you request information relating to Candidates. We regret we cannot provide information relating to Candidates or provide any other service until payment in full is received. The cost of the service is as outlined in our then current Schedule of Fees as may be amended from time to time. You acknowledge that the prices quoted in our Schedule of Fees are GST-exclusive prices and that additional amounts may be payable in accordance with any of your obligations to pay taxes under clause 8 of these Terms and Conditions. Payment may be made by credit card over the internet or as otherwise agreed between you and Milcom.

  10. Security & Privacy

    11. Milcom uses SSL encryption technology to protect the security of your personal details and credit card information when you make a payment over the internet to Milcom. SSL technology makes it difficult for your information to be stolen or intercepted when it is being transmitted on the internet. However, although we use our best endeavours to safeguard your information, the internet is an insecure medium and we cannot absolutely guarantee the security of any information you provide us. You do this at your own risk.

  11. Exclusion of warranties

    12. Except for any implied condition or warranty, the exclusion of which would contravene any statute or cause this clause to be void and as otherwise expressly stated in these terms and conditions, Milcom makes no express or implied warranties to you and expressly excludes all warranties, conditions and terms implied by statute, general law, international convention or custom, including without limitation any and all implied warranties with respect to merchantability, fitness for purpose, title and non-infringement.

  12. Limitation of liability

    13. Except as provided by law, Milcom will not be liable for any loss or damage suffered as a result of the use of the Site. Milcom makes no guarantees as to the continued availability of the Site, or the accuracy, reliability, completeness or timeliness of the content of the Site. Milcom will not be liable for any loss arising out of any act, omission or representation of you or a Candidate. To the extent permitted by law: (a) our liability for breach of any condition or warranty will be limited at our option to the supply of the services again or payment of the cost of supplying the services again; (b) our liability to you for any loss or damage at law shall not exceed the total amount we actually received from you for the service which gave rise to the loss or damage; (c) we will not be liable in any event for any consequential, indirect, incidental, special, punitive or exemplary damages, including without limitation any loss of profits or loss or corruption of data or loss of anticipated savings, loss of goodwill or economic loss, even if we have been advised of the possibility of such loss or damage.

    You agree that our liability to each other at law will be reduced by the extent, if any, to which the other party contributed to the loss. You indemnify and hold Milcom and Milcom's affiliates, subsidiaries, parents, shareholders, directors, officers, employees, agents and representatives harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of the violation of these terms and conditions by you.

  13. Terms and conditions subject to change

    14. Milcom aims to be a leading provider of online training, career assessment and recruitment intermediary services. As a result, our business is changing rapidly. We reserve the right to amend the terms and conditions at any time to reflect changes in our range of services and policies. These amendments will be posted in an updated version of the terms and conditions on the Site and the terms and conditions as amended will apply between us whether or not you have had specific recourse to the amendment. If you are using our services we encourage you to review the policies governing the use of the Site on a regular basis. Your continued use of the Site indicates acceptance of the terms and conditions.

  14. Governing law

    15. The terms and conditions for use of the Site are governed by and construed in accordance with the laws of New South Wales. You agree that any dispute will be dealt with by the courts of New South Wales and the courts that hear appeals from those courts. In the event that any of the terms and conditions are found to be unenforceable under New South Wales law, that term or condition will be deemed severed and will not affect the remainder of the terms and conditions.

  15. Events outside of our control

    16. Other than in relation to any payment obligations under these terms and conditions, neither you nor Milcom will be in breach of obligations under these terms and conditions to the extent that the failure or delay occurs because of an event or circumstance which occurs without either party's fault or negligence, including without limitation, any act of God, war and other hostilities, fire, flood, strikes, lock-outs, delays in transport, breakdowns in machinery, or restrictions or prohibitions or any other acts by any government or semi-government authority.

  16. Privacy policy

    17. The privacy policy is deemed incorporated into these terms and conditions, and by agreeing to the terms and conditions you also agree to the privacy policy. The privacy policy is available at [link].