Terms & Conditions

The FindaMilker.com.au website is owned and operated by Relief Milkers which is a subsidiary of the Gannon Yacht Group Pty Ltd (ABN 30 356 875 883) ('FindaMilker').??The words " FindaMilker ", "We", "Our" and "Us" refer to FindaMilker and "Website" to services delivered on www.FindaMilker.com.au. ??By access or using the Website, you agree to bind by the Conditions of Use below and any changes made to the Conditions of Use from time to time. FindaMilker may amend the Conditions of Use by posting those amendments on the Website without any notice to you. Those amendments apply to your next usage of the Website.

1. Copyright

The material provided on the Website is protected by intellectual property laws included copyright law and trademark law. No part of it should be reproduced, adapted, used, copied, published, stored in a retrieval system, altered or transmitted in any form or by any means in whole or part without the prior written approval of the copyright owner. You may only use information for your own personal reference.

2. Trademarks

The FindaMilker logo is a registered trademark of FindaMilker. Other trademarks may be displayed on the Website from time to time. These may belong to third parties. Nothing displayed on the Website should be construed as granting any license or right of use of any logo or trademark displayed on the Website, without the express written permission of the relevant owner.

3. No guarantees of job vacancies or staff availability

FindaMilker gives no guarantee to you of the continued availability of any particular job advertised on the Site and will not be liable to you should an advertiser have filled the vacancy at any time prior to removal from the Site. Whilst FindaMilker takes every effort to ensure that jobs advertised are for actual job vacancies, it gives no guarantee to you that every job advertised represents an actual job vacancy.     FindaMilker gives no guarantee to the availability dates that registered Milker’s have set, whilst FindaMilker takes every effort to ensure that registered Milkers keep there profile information accurate and up to date.

4. No liability of employed

 Employers acknowledge and agree that FindaMilker acts as a medium through which individuals seek employment opportunities and that FindaMilker is not responsible for vetting job candidates or the representations (whether oral or in writing - including those representations appearing in job candidates resumes appearing on FindaMilker resume database) made by them. FindaMilker disclaims all liability for any loss, costs, damages or loss of profits sustained as a consequence of any Employer employing or engaging any person sourced through the FindaMilker Site.

5. Downloading information from Site

FindaMilker cannot and does not guarantee or warrant to the Employer that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. Advertisers are responsible for implementing sufficient procedures and checkpoints to satisfy their particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

6. Payment Policy

Payment to access the functions of Site is to be paid upfront via secure online payment gateway or via direct deposit into FindaMilkers nominated bank account.

In the event of the direct deposit payment option and payment is not received within 14 days of invoicing access to the site will be terminated and not granted until full payment received.

7. Information for personal, non-commercial use only

You agree that information contained on the Website is for personal use only and may not be sold, redistributed or used for any commercial purpose (this includes but is not limited to the use of Advertiser contact details for unsolicited commercial correspondence). You may download material from the Website for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. ??You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any material from the Website including code and software. You must not use this Site for any purpose that is unlawful or prohibited by these Conditions of Use. ??You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website for establishing, maintaining, advancing or reproducing information contained on our Website or on your own website or in any other publication, except with Our prior written consent.

8. Information does not represent professional advice

You acknowledge and agree that information published by FindaMilker is intended to provide general information in summary form on legal and other issues.  FindaMilker does not endorse or recommend any of the jobs. 

9. Third Party Links and Advertising

FindaMilker provides links and pointers to Internet sites maintained by third parties from its Website. Such linked sites are not under the control of FindaMilker and FindaMilker is not responsible for the contents (including the accuracy, legality or decency) of any linked site or any link contained in a linked site. FindaMilker is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FindaMilker of the linked site. FindaMilker is not responsible for the copyright compliance of any linked site. FindaMilker will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party.

10. Emails to you and from Registered Users

FindaMilker sends emails and notices regarding job opportunities, latest news and milkers available and your FindaMilker account. Our emails and notices do not represent any guarantee or endorsement of your transactions. You are responsible for completing all transactions in which you participate. We do not control, endorse or approve the services provided by users of the Website. ??As a user of the Website, you will be able to anonymously email registered advertisers and investors via the Website. You should be careful when making email contact with another registered user and providing comment. FindaMilker reserves the right to refuse to publish and or remove from the Website any email or comment that FindaMilker, in its absolute discretion, considers defamatory, unjustified, inflammatory, obscene, mischievous or unnecessary. ?? FindaMilker does not, by allowing any email or comment to remain on the Website, endorse, concur with or otherwise comment on that email or comment. Any emails and comments are made by the user that places them on the Website and not FindaMilker. ??You acknowledge and agree that FindaMilker accepts no responsibility for liability, damage, injury or loss that may arise from the posting on the Website of an email or a comment and you, by these Conditions of Use, release forever and indemnify FindaMilker from any liability it may incur arising out of (whether directory or indirectly) any email or comment you post on the Website. ??You acknowledge and release FindaMilker in the event that you deal with underage persons or people acting under false pretense. ??You must notify us if you want us to stop emailing you.

11. Promotions and Competitions

If FindaMilker run promotions or competitions involving the awarding of prizes or other gifts, FindaMilker may modify the Conditions of Use and implement additional terms and conditions, which will be communicated to you by posting them on the Website at the time of such promotions or competitions.

12. No guarantees as to the service

FindaMilker provides no warranty to you that the services generally available through its Site will be uninterrupted or error-free or that defects in the service will be corrected. ??You also understand that FindaMilker cannot and does not guarantee or warrant to you that files available for downloading through the Site or delivered via electronic mail through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties or malfunction in equipment or software. ??You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. ?? FindaMilker undertakes to match information contained in your registration profile with the other files on its database. Matching investors or advertisers may require you to sign additional non-disclosure documents or provide additional information about investment opportunities. ??Introductions are made only if listings match, that there is no guarantee of a successful outcome between an investor or investment opportunity. ??After referral of an investor or investment opportunity all negotiations are between the investor, advertiser or member providing services. FindaMilker has no responsibility beyond matching persons or corporations who have subscribed to the Website to each other except to process and monitor feedback as agreed.

13. Your Conduct

As a condition of your use of the Website or any service provided by FindaMilker, you warrant to FindaMilker that you will not use the Website or any FindaMilker service for any purpose that is prohibited by the Conditions of Use or that is illegal or unlawful. You agree to abide by all applicable laws and regulations. ??Whilst not an exhaustive list, you agree not to:

•                use the Website to offend, mislead or deceive others (which shall be judged in the absolute opinion of FindaMilker);

•                publish, or in any other way distribute or disseminate any information which is unlawful, obscene, defamatory, offensive or inappropriate (which shall be judged in the absolute opinion of FindaMilker);

•                divulge to third parties confidential information given to you about investors or investment opportunities registered with FindaMilker without the express written permission of the relevant owner;

•                Create a false identity upon registering with FindaMilker for the purpose of misleading others;

•                engage in, encourage participation or promote any contests, pyramid schemes, surveys, chain letters, spamming or unsolicited emailing through the Website;

•                use any automated scripting tools or software; make available, using the Website, any material that you do not have a right to make available including under any law or which contains viruses, or other computer codes, files or programs designed to interfere with the functioning of other computer software or hardware; or breach any laws or regulations applicable to your use of the Website of any other laws or regulations, detection will result in your account being cancelled immediately.

14. Licence to use Information you send us

FindaMilker welcomes ideas and feedback from you about all aspects of the Website. You agree that FindaMilker may reproduce, distribute, transmit, create derivative works of, and publicly display any materials and other information (including ideas for new or improved products and services) that you submit to any public areas of the Site (such as bulletin boards, forums and newsgroups) or by email to FindaMilker. You agree to grant us a non-exclusive, worldwide, irrevocable, perpetual, fee-free right to exercise the copyright and other intellectual property rights you have in that information. ??As a user, you must provide FindaMilker with complete, up to date and accurate information as requested and it is your responsibility to inform FindaMilker of any changes to that information. All personal information you provide FindaMilker as a user will be treated in accordance with our Privacy Policy.?? FindaMilker generally uses personal information to:

•                personalise and customise your experiences on the Website;

•                help FindaMilker manage and enhance its services;

•                communicate with you;

•                provide you with ongoing information about opportunities on the Website in which FindaMilker believes you may be interested; and

•                give you the opportunity from time to time to receive e-mail and ''online newsletters'' from FindaMilker.

15. Security of your Personal Information & Privacy Policy

FindaMilker undertakes to keep the information submitted in your registration confidential and secure. While FindaMilker takes all due care in ensuring the privacy and integrity of the information you provide, the possibility exists that this information could be unlawfully observed by a third party while in transit over the Internet or while stored on FindaMilker systems or on the Website. FindaMilker disclaims all liability to you to the greatest extent possible pursuant to law should this occur. ?? FindaMilker reserves the right at all times to monitor, retain and disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. ??In general, the personal information FindaMilker collects includes (but is not limited to) name, address, contact details and, where relevant, financial information, including credit card information, banking details and income information. ?? FindaMilker stores the personal information you enter on the Website. FindaMilker obtains most personal information through the Website registration process. You may, however, provide information through a variety of different means (for example if you contact FindaMilker via email in any way, including by providing feedback). ?? FindaMilker will never:

•                Ask you to provide personal information such as your bank or credit card details, your address, driving licence or passport numbers via email. Be suspicious of anyone who does. 

•                Obtain your bank or credit card details without using a secure browser window with a URL beginning ''https://''.

16. Updating Personal Information

You can update your FindaMilker membership information at any time by logging into your account on the FindaMilker website or by completing the 'Send us an Email' section on our contact us page.

17. Seeking access to the Personal Information FindaMilker Holds about You

You have the right to seek access the personal information held about you and to advise FindaMilker of any inaccuracy. There are some exceptions to this right set out in the Privacy Act. ??If you make an access request, FindaMilker will ask you to verify your identity and specify what information you require. FindaMilker may charge a fee to cover the costs of meeting your request.

18. Username and Password

To become a registered user of the Website, you must provide a password and a login name. Each username and password must be used by a single user and is not transferable. You are entirely responsible if you do not maintain the confidentiality of your password and login name. Furthermore, you are entirely responsible for any and all activities that occur under your login name.

You may change your password at any time by logging into your account on the FindaMilker website or by completing the 'Send us an Email' section on our contact us page.

You agree to immediately notify FindaMilker of any unauthorised use of your login name or any other breach of security known to you.

19. Termination of User's Account With FindaMilker

Without limiting other remedies available to FindaMilker at law, we may, in our sole discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our service to you if:  

•                you breach these Conditions of Use or the Privacy Policy;

•                we are unable to verify or authenticate any information you provide to us; or

•                we believe that your actions may cause legal liability to you, FindaMilker or its users.

If this happens we may notify you by email. If your use of the Website is cancelled:

•                you are no longer authorised to access the Website or use any FindaMilker service with your registered email address or any other email address you possess;

•                you will continue to be subject to and bound by all restrictions imposed on you by the Conditions of Use; and

•                all licenses granted by you and all disclaimers by FindaMilker and limitations of FindaMilker’s liability set out in the Conditions of Use or elsewhere on the Website will survive.

20. Limitation of Liability

FindaMilker excludes all conditions and warranties that may be implied by law. To the extent permitted by law, FindaMilker’s liability for breach of any warranty or condition (implied or otherwise) which cannot be excluded is restricted, at FindaMilker’s option, to the re-supply of the relevant FindaMilker service. ??As a user of the Website, you expressly agree and acknowledge that in no circumstances will FindaMilker be liable to you for any indirect, incidental, special and/or consequential losses or damages or loss of profits of any nature arising (including but not limited to any act or omission by FindaMilker) which result from:

•                the use of or access to or any inability to use or access the Website or any material on the Website;

•                unauthorised access to your internet transmissions or data; or

•                statements or conduct of any third party on the Website.

Excluding liability for negligence the maximum liability of FindaMilker is equivalent to the total of any amounts you have paid to FindaMilker in respect of goods or services supplied to you by FindaMilker through the Website.

21. Disclaimer

By using the Website, you agree to abide by and acknowledge the following disclaimer. ??We are not involved in the actual transaction between Milkers and employer. We have no control over the quality, safety or legality of the items or content posted by either on the Website, the truth or accuracy of any posting, the ability of providers to provide services and do not guarantee that an Milker or employer will actually complete a transaction or act lawfully in using the Website. FindaMilker cannot and does not confirm each investor and advertiser's purported identity. ??In the event that you have a dispute with one or more users of the Website, you release FindaMilker (and our directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages of every kind and nature arising (whether directly or indirectly) out of such dispute.

22. Warranty

You agree to accept sole responsibility for the legality of your actions under the laws which apply to you. You agree that FindaMilker and all affiliates and related entities of FindaMilker have no responsibility for the legality of the actions of users of the Website or the FindaMilker service.

23. Indemnity

You indemnify and release FindaMilker and its directors, employees, agents, contractors, and affiliates from and against any claims, demands, proceedings, losses and damages of every kind and nature including reasonable solicitor's fees, made by you or any third party due to or arising (whether directly or indirectly) out of your breach of these Conditions of Use or your violation of any law or the rights of a third party.

24. No Agency

You and FindaMilker are independent contractors and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relations is created or intended by this Conditions of Use agreement or your use of the Website or the FindaMilker service.

25. General provisions

If any part of this agreement is held invalid that part shall be severed from this agreement and the remainder of this agreement will continue to be valid and enforceable. ??The laws governing this agreement will be the laws in Victoria, Australia and you irrevocably submit to the exclusive jurisdiction of its Courts and its Appellate Courts and the jurisdiction of the Federal Court of Australia sitting in Victoria.

26. GST

Unless otherwise stated, charges referred to for use of any services provided by FindaMilker via the Website are GST exclusive. Where GST applies, FindaMilker will deduct the GST it incurs from each user''s payment and FindaMilker will issue the user with a Tax Invoice as defined by the A New Tax System (Goods and Services Tax) Act 1999 (the Act). GST means the goods and services tax defined and charged under the Act.

27. Dispute Resolution Policy

FindaMilker attempts to resolve any customer complaints and answer any questions within one business day from the first contact made by the customer.  ??All complaints should be sent by email by completing the 'Contact Us' section on our contact us page.

28. Refund Policy

When you register as a member of FindaMilker if you are not happy with our service,

29. Notices

Except as explicitly stated otherwise, any notices shall be sent by email by completing the 'Contact Us' section on our contact us page.

Or sent by post to PO Box 295, Port Melbourne, Victoria, Australia 3207.