Updated: 25 September 2013
The following terms and conditions (“Terms”) form a legal agreement between You and Professional Mums Pty Ltd (ACN 140 670 748), of Leve1 12, 28 O’Connell Street, Sydney, NSW 2000 (‘PMN’ or ‘We’) for the use of this Website (the Site) and services provided through it.
1. Website Information
1.1. The PMN Website (the Site) and its contents are provided without any representation, term,condition, or warranty of any kind, either express or implied (including whether implied by law, statute, unwritten law, custom or otherwise) in respect of the website and/or its contents. PMN disclaims all representations, terms, conditions and warranties including, but not limited to, satisfactory quality, merchantability, fitness for particular purpose, title and non-infringement of intellectual property rights to the fullest extent permitted by applicable law.
1.2. In addition, PMN excludes any representation or warranty that the information contained on this website is accurate, complete or current.
1.3 The information provided by PMN or third parties on the Website or otherwise is general information only. While every effort has been made to ensure the accuracy of the information contained on the website, we give no guarantees, undertakings or warranties in this regard, and do not accept any liability arising from any errors or omissions.
2. Changes to or Temporary Unavailability of this Site
2.1. Every effort is made to keep the Site up and running smoothly and fault-free. However, PMN takes no responsibility for, and will not be liable for, the Site being temporarily unavailable for reasons of maintenance/improvement, or due to technical issues beyond our control. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any of the Site features, databases or content.
3. Intellectual Property Rights
3.1. All of the information contained on this Site is the property of PMN.
3.2. All trade marks, logos, software or any other or any other of its intellectual property rights are the exclusive property of PMN. No copying or distribution for any business or commercial use is allowed. No framing, harvesting, “scraping” or other manipulation of the content of the Site is permitted. You will not attempt to decipher, disassemble, reverse engineer or modify any of the software, coding or information comprised in the Site; nor will you post to the Site any material which infringes any intellectual property rights of any third party. You may download copy or print any of the pages of the Site for your own personal use provided you keep intact all copyright and proprietary notices.
4. Our Services
4.1. We will provide personal information provided by you to a range of potential employers (‘Employers’) other than those you have expressly stated that your information should not be shared with.
4.2. The Employers will consider the information and may use it in their consideration of whether you may be a suitable employee. Any decisions made by Employers are solely those of the Employers. PMN is not involved in such decision-making.
4.3. Any offer of employment by an Employer will be governed by Australian Employment Laws, including the Fair Work Act, the National Employment Standards and the Employer’s particular policies and procedures. PMN is not responsible for the Employer’s compliance with any applicable laws and standards.
4.4. We make no representations that you will find suitable employment by using this Site.
4.5. We endeavour to ensure that the Employers to whom we provide your information comply with the relevant privacy laws however we are not responsible for the retention, use or privacy of information by them or by any third party that could be related to or associated with these Employers.
5. Your Obligations
5.1. You expressly permit PMN to provide to Employers the personal information provided by you.
5.2. You agree that all information provided is accurate in all material respects.
5.3. You agree, acknowledge and understand that the information you provide will be viewed by Employers and may be used by Employers as part of their recruitment process.
5.4. You are responsible for ensuring that your vocational qualifications, licences and certificates are current and have not been suspended or removed by a professional body that has the right to do so. It is your responsibility to ensure that you maintain all registrations necessary to remain qualified to work in your area of practice.
5.5. You agree and understand that PMN may store and process data anywhere in the world and you consent to such processing.
5.6. You agree and understand that any information entered and provided by you will be viewed “as is” and may become part of the data being viewed by Employers for their hiring or contracting process
5.7. PMN is not responsible for checking the accuracy, validity or completeness of data or information provided by or regarding Employers and does not warrant that any information concerning an Employer will be accurate, complete or valid and we will not accept liability for any error therein.
5.8. You should obtain independent verification before relying on any information provided on the Site in circumstances which may result in loss or damage.
6.1. Should you accept an offer of Employment as a result of you use of this Site, PMN will have no involvement whatsoever in the terms and conditions of your employment and the Employer is solely responsible for the employment contract.
6.2. You agree, acknowledge and understand that your information will be viewed by Employers to aid their recruitment process. You acknowledge and understand that this may be one of the several factors that an Employer is using and there is no guarantee that this will or will not be used.
6.3. PMN is not liable for any injury or damage suffered by you in the performance of your obligations under an employment contract.
6.4. If you accept an offer of employment you will fully amend your profile on the Site accordingly.
7. Liability and Indemnity
7.1. To the extent permitted by law in no event shall we, our affiliates and related entities or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Site or our Services, however arising, including negligence.
7.2. PMN is not liable to you for any losses, damages, expenses or delays that may arise as a result of an employment contract. Should an Employer cancel or alter an employment contract, PMN is not liable for any loss or expense that may be suffered by you as a result.
7.3. PMN has no responsibility or liability relating directly or indirectly to the acts or omissions of Employers.
7.4. You indemnify PMN against any damages, losses or expenses arising from any claim brought against you by any party as a result of PMN introducing you to Employers.
7.5. To the extent permitted by law, and subject to any contrary requirements arising under any applicable law, our liability, and the liability of our related bodies corporate, affiliates or suppliers, to you or any third parties in any circumstance is limited to AUD$100.
7.6. Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of PMN and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation including those within the Competition and Consumer Act 2010 (Cth) and relevant state fair trading legislation.
7.7. You agree to indemnify and hold PMN and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising:
(a) out of your breach of this Agreement;
(b) due to or arising out of information you provide, post, transmit or otherwise make available to PMN;
(c) from your use of the services provided by PMN including the website; or
(d) from your failure to provide accurate information.
8. Limitation of Liability and Disclaimer
8.1. The information contained on this Site is given in good faith and PMN uses all reasonable efforts to ensure that it is accurate. However, PMN gives no representation or warranty in respect of such information and all such representations and warranties, whether express or implied, are excluded.
8.2. No liability is accepted by PMN for any loss or damage which may arise out of any person relying on or using any information on this Site. PMN shall not be liable to any person relying on or using any such information for (a) loss of revenue, loss of actual or anticipated salary; loss of actual or anticipated profits whether arising in the normal course of business or otherwise (including, without limitation, loss of profits on contracts); loss of or damage to employment prospects; loss of opportunity; loss of the use of money; loss of anticipated savings; loss of business; loss of goodwill; loss of or damage to reputation; loss of or corruption to data; loss of management or administration time, legal and other professional fees and expenses; or (b) any indirect or consequential loss or damages however caused (including without limitation by reason of misrepresentation, negligence, other tort, breach of contract or breach of statutory duty) which arise directly or indirectly from the subject matter of this Site. However, nothing in the above shall limit or exclude PMN’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law.
8.3. PMN does not guarantee that any employer will ask for your information, or will interview or employ you. PMN makes no representation or warranty as to the final terms and duration of any employment obtained through this Site.
8.4. If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidly shall not affect the validly of the remaining provisions, which shall remain in full force and effect.
8.5. We strive to protect data transmitted to PMN over the Internet but because such transmissions cannot be guaranteed to be 100% secure, we do not warrant the security of personal information transmitted in this way, but we will make every effort to make it secure on our own systems.
9.1. This Agreement will remain in force until either party gives the other written notice that it wishes to terminate the Agreement, at which time the Agreement will terminate immediately. No notice period is applicable.
9.2. Notwithstanding clause 6.1 of this Agreement, PMN may, without notice and without liability, terminate this Agreement by the provision of written notice to you, at any time with immediate effect, where you have provided inaccurate information.
9.3. We may at our absolute discretion deny you access to this Site (which may include any of the services or information available through it) or any part of it at any time without explanation.
10. No Partnership or Agency
10.1. Nothing in these Terms is intended to or shall operate to create a partnership between you and PMN, or authorise a party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
11.1. This Agreement will be governed in all respects solely by the laws of the State of New South Wales, Australia. You and PMN irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
11.2. The provisions of this Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, the provision may be removed and the remaining provisions will be enforced.
11.3. This Agreement may be assigned by PMN to a third party without your consent in the event of a sale or other transfer of some or all of the assets of PMN. In the event of any sale or transfer you will remain bound by the Agreement.
11.4. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
11.5. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
11.6. This Agreement may not be construed adversely against PMN solely because we prepared it.
11.7. This Agreement sets out the entire understanding and agreement between PMN and you with respect to its subject matter.
11.8. Clause 3, 7, 8 and 11.1 will survive any termination or expiration of this Agreement.