Terms and Conditions

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1. About the Website 

1.   Welcome to [Measured Mediation and Professional Services.com.au] (the ‘Website’). Measured Mediation and Professional Services provide confidential mediation services to clients within Australia (the ‘Services’).

2.   The Website is operated by Measured Mediation and Professional Services (ABN 410 124 758 28). Access to and use of the Website, or any of its associated Products or Services, is provided by Measured Mediation and Professional Services. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

3.   Measured Mediation and Professional Services reserves the right to review and update any of the Terms by updating this page at its sole discretion. Measured Mediation and Professional Services are not required to provide notifications when updating the Terms, so it is important that you check our Terms and Conditions by visiting the website and stay up to date with them.  

2. Acceptance of the Terms 

1.   You accept the Terms by remaining on the Website. You will also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you via the client registration and payment form by Measured Mediation and Professional Services.

3. Agreement to use the Services 

1.   To access the Services, you must first complete the client registration and payment form through the Website (the ‘Account’) or sent to you via email. 

2.   As part of the registration process, or as part of your continued use of the Services, you will be required to provide personal information about yourself (such as identification or contact details), including:

1. Email address
2. Residential address
3. Telephone number
4. Payment information

3.   You warrant that any information you give to Measured Mediation and Professional Services in the course of completing the registration process will always be accurate, correct and up to date.

4.   Once you have completed the registration process, you agree to be bound by the Terms.

5.   You may not use the Services and may not accept the Terms if:

1. you are not of legal age to form a binding contract with Measured Mediation and Professional Services.

4. Roles and Responsibilities

1.    You and the other participants are responsible for resolving your dispute. The Mediator's role is to facilitate the mediation process ensuring that it is safe and fair with a focus on the best interests of all parties related involved. Their goal is to help you to reach an agreement that is mutually agreeable and in the best interest of any all parties involved.

5. Payment

1.    All prices are in Australian Dollars (AUD) and are inclusive of any Australian Goods and Services Tax (GST) (as applicable). The prices indicated on the site may change at any time without advance notice to you. Purchases will be charged at the price in force at the time your order is validated. 

2.    The parties together or separately will be liable to the mediator for the mediator’s fees described. Measured Mediation and Professional Services charge the Service Fees in advance or on a payment plan, depending on what the client prefers. If paid in advance, we offer a discount. The fees are listed on the service agreements. If mediation is not to proceed and a Certificate of Dispute Resolution is required, this is included in the fee. 

3.    If the court requires filing fees for any Services, both parties will be notified for additional payment in advance. 

4.    You agree and acknowledge that Measured Mediation and Professional Services can vary the Services Fees at any time. In using the Website, the Services or when making any payment in relation to the use of the Services, the parties warrant that they have read, understood and agree to be bound by the Measured Mediation and Professional Services Terms. 

6.   Refund Policy:   

1.   While the mediation session itself is crucial, much of the preparatory work is often undertaken before the session. This includes, gathering relevant information, communicating with legal representatives, parties involved, scheduling and administration. We cannot determine or guarantee a timeline for a mediation session to take place, as that depends on the speed and efficiency from all parties and/or legal representatives involved. Some matters can be finalised within weeks and others may take months. The mediation session itself is typically the quickest aspect of the entire process and makes up a smaller percentage of the fees. . 

2.    A change of mind or inability to reach an agreement between the parties will not result in a refund.

Measured Mediation and Professional Services cannot guarantee an agreement between parties, as it is an inherent part of the mediation process. 

3.    While it's generally the parties in a dispute who decide whether to attend mediation, a mediator's role includes facilitating the process and helping ensure that everyone is present and ready to engage. The mediator may also help guide parties to understand the benefits of mediation and encourage participation, but they don't force attendance. Mediation is a voluntary process and by agreeing to these terms and conditions, you understand that Measured Mediation and Professional Services are not liable or responsible for a party not attending and no refund will be provided if a party does not attend. 

4.    Measured Mediation and Professional Services offer free consultations. During the free consultation, mediation is either deemed suitable or not suitable depending on the information provided by client, however, if crucial information deeming mediation unsuitable is not provided to the mediator, the mediation may be terminated and no refund will be provided. 

5.    Therefore, a refund of the service fees will only be provided if: 

1. You cancel in writing to Measured Mediation and Professional Services, via email at info@measuredmediation.com.au within 48 hours of completing your client registration form and Service Fees and neither parties have had their first intake session. A cancellation fee of $499 applies.
2. If the Services have been cancelled by us and not rescheduled and neither parties have had their first intake session. No cancellation fee applies.  

6.    Any refunds applicable will be processed within 7 business days via bank transfer. 

7. Privacy 

1.   Measured Mediation and Professional Services takes your privacy seriously, and any information provided through your use of the Website and/or Services are subject to Measured Mediation and Professional Services Privacy Policy, which is available on the Website.

8. General Disclaimer 

1.   Nothing in the Terms limits or excludes representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may  not be limited or excluded.

2.   Subject to this clause, and the extent permitted by law:

1. All terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
2. Measured Mediation and Professional Services will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
3. Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Measured Mediation and Professional Services makes any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Measured Mediation and Professional Services) referred to on the Website includes (but is not restricted to) loss or damage you might suffer as a result of any of  the following:
4. failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or another harmful component, loss of data, communication line failure, unlawful third-party conduct, or theft, destruction, alteration  or unauthorised access to records;
5. the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third  party material and advertisements on the Website);
6. costs incurred as a result of you using the Website, the Services or any of  the products of Measured Mediation and Professional Services; and
7. the Services or operation in respect to links which are provided for your convenience.

9. Limitation of liability 

1.   Measured Mediation and Professional Services total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.

2.   You expressly understand and agree that Measured Mediation and Professional Services, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.

10. Termination of Services

1.   Measured Mediation and Professional Services can terminate the Service if one or both parties refuses to agree to mediate or if there is a safety risk to either party. 

2.   Measured Mediation and Professional Services may at any time, terminate the Terms with you if:

1. you have breached any provision of the Terms or intend to breach any provision;
2. Measured Mediation and Professional Services is required to do so by law.

3.   Subject to local applicable laws, Measured Mediation and Professional Services reserves the right to discontinue or cancel the service at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Measured Mediation and Professional Services name or reputation or violates the rights of those of another party.

11. Indemnity 

1.   You agree to indemnify Measured Mediation and Professional Services, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

1. all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
2. any direct or indirect consequences of you accessing, using or transacting on the Website or attempt to do so; and/or
3. any breach of the Terms.

12. Dispute Resolution 

1. Compulsory: 

• If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

2. Notice: 

• A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

3. Confidential: 

• All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are  confidential and to the extent possible, must be treated as “without  prejudice” negotiations for applicable laws of evidence.

4. Independent Legal Advice 

• Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

By engaging in the Mediation process with Measured Mediation and Professional Services you hereby understand and agree to the above terms and conditions.