These terms and conditions apply to the services offered on the ProfessionalQ.com.au web site by Milcom Communications Pty Ltd (ABN 59 078 820 774). Please read these terms and conditions carefully before using the site. Use of the ProfessionalQ web site is conditional upon you agreeing to be bound by these terms and conditions.

1. Our services

Milcom offers a variety of services related to education and training, employment and assessment on our web 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) Self-Assessment Milcom provides a free, online Self-Assessment to give you a guide as to your likely level of qualifications if you go through the Recognition of Prior Learning (RPL) process. After you have completed and submitted the Self Assessment online, we will send an e-mail to you informing you of the outcome of the Self-Assessment. The outcome of the Self-Assessment is a general indication of your RPL status only. Your actual RPL status depends on you providing evidence of your previous experience and training, and on an independent assessment of your experience. The results of the Self Assessment are not professional advice, and Milcom takes no responsibility for the outcome of the Self Assessment. We make no promises that you will receive the same qualification after completing the RPL process.

(b) Recognition of Prior Learning Assessment Milcom offers a Recognition of Prior Learning assessment process which assesses your qualifications and competencies. The RPL process can lead to the award of a Recognition of Equivalence and a formal qualification (although Milcom makes no warranties relating to the precise outcome of the RPL assessment for individuals). The RPL assessment is conducted by qualified work place assessors.
If you have elected to pay for a mentor, then a mentor will be provided to assist you with your RPL application, commencing 5 days after payment has been confirmed. The mentor will guide and assist the applicant in the gathering and submission of evidence and will not be liable for the outcome of the submission. The mentor is available for a period of 95 days from the date of payment. The mentor reserves the right to limit their assistance to a reasonable level. After this time you may continue to use the mentor's services at a per hour cost.
The outcome of the RPL assessment will be provided in approximately 4 weeks of you submitting your final RPL application. The final application form consists of the electronic data plus your documentary evidence duly certified or notarised.

2. Use of web site and material

You agree that you will use the ProfessionalQ web site in accordance with this Agreement and that you will not re-sell services from this 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 web site.

3. Employment opportunities

If you state that you would like to be contacted when employment opportunities arise, we will keep your information on our database and make available to potential employers and employment agencies general information about your training, skills and work experience. However, we will not disclose to them your name or other personal details without obtaining your explicit permission. If a potential employer or agency indicates that they wish to contact you, we will forward to you this information. Milcom is not responsible for the conduct of third party employer or employment agencies, or any representations made to you by such agencies.

4. Accuracy of information you submit

You agree that the information which you provide to Milcom including details of your training, qualifications, skills and experience is accurate and is not misleading. You indemnify us for any loss, including costs and expenses, to Milcom arising from false or misleading information which you have provided to us.

5. Copyright and trade marks All intellectual property, including trademarks, copyrights, trade names and other items on the site belongs to Milcom, its affiliates, licensors or respective owners, and is used with its owner's permission. You do not have the rights to use this intellectual property without the written permission of its owner.

6. Third party links

Milcom is not responsible for the content or conduct of any site linked to or from our web site. While we may provide the links to these sites, the links are for your convenience only and are not a guarantee or endorsement of those sites or services.

7. Termination

Milcom reserves the right to terminate the registration of any user at any time, or to cease providing services. You may terminate the RPL process at any time prior to submitting your final RPL application. However, subject to any applicable law, if you elect to terminate after making payment for the RPL process, the money is not refundable.

8. Taxes

You will be responsible for all taxes payable as a consequence of any service or good that we supply in connection with these terms and conditions.

9. Payment terms: Recognition of Prior Learning

Payment for the Recognition of Prior Learning assessment is made at the time of application. We regret we cannot proceed with any assessment until payment in full is received. The cost of the service is as outlined on the SCHEDULE OF FEES, RPL is GST free. Payment may be made by credit card over the internet or as otherwise agreed between you and Milcom. Formal assessment of your RPL status can only be given after you have provided evidence of your past learning and experience. Prices are subject to change without notice.

10. Security & Privacy

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. Although we cannot guarantee the privacy of your personal details and credit card information, SSL technology makes it difficult for your information to be stolen or intercepted when it is being transmitted on the internet.

11. Exclusion of warranties

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

Except as provided by law, Milcom will not be liable for any loss or damage suffered as a result of the use of this web site. Milcom makes no guarantees as to the continued availability of the web site, or the accuracy, reliability, completeness or timeliness of the content of the web site. Milcom will not be liable for any loss as a result of your failure to complete an application on the web site. To the extent permitted by law, 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. To the extent permitted by law, 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. 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.

13. Terms and conditions subject to change

Milcom aims to be a leading provider of online training and career assessment services. As a result, our business is changing rapidly. We reserve the right to amend the terms and conditions at any time to reflect our changes in our range of services and policies. These amendments will be posted in an updated version of the terms and conditions on the web site. If you are using our services we encourage you to review the policies governing the use of the web site on a regular basis. The amended terms and conditions will apply between us whether or not we have given you specific notice of any change.

14. Governing law

The terms and conditions for use of this web site are governed by and construed in accordance with the laws of New South Wales. In the event that any of the terms and conditions are found to be unenforceable under New South Wales law, this will not affect the remainder of the terms and conditions.

15. Events outside of our control

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

The privacy policy makes up part of these terms and conditions, and by agreeing to the terms and conditions you also agree to the privacy policy.