1. About the Website
1. Welcome to [Measured Mediation and Professional Services.com.au] (the ‘Website’). Measured Mediation and Professional Services provide confidential, commercial mediation and arbitration services to commercial clients (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 may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Measured Mediation and Professional Services.
3. Agreement to use the Services
1. To access the Services, you must first complete the client registration form through the Website (the ‘Account’).
2. As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
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. The parties together or separately will be liable to the mediator for the mediator’s fees described. The fees are listed on the Webiste and service agreements and the parties will decide all the other costs of the mediation. If the court requires filing fees for any services, both parties will be notified in advance. 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.
2. Refund Policy:
Measured Mediation and Professional Services will only provide a refund of the Service Fees if the manager of Measured Mediation and Professional Services makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances (the ‘Refund’).
3. You agree and acknowledge that Measured Mediation and Professional Services can vary the Services Fee at any time.
6. 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:
7. 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.
8. Termination of Contract
1. The Terms will continue to apply until terminated by either you or by Measured Mediation and Professional Services as set out below.
2. If you want to terminate the Terms, you may do so by:
* Your notice should be sent, in writing, to Measured Mediation and Professional Services via the ‘Contact Us’ link on our homepage and you will need to complete and email a cancellation form.
3. Measured Mediation and Professional Services may at any time, terminate the Terms with you if:
4. Subject to local applicable laws, Measured Mediation and Professional Services reserves the right to discontinue or cancel your membership 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 Flinders Measured Mediation and Professional Services name or reputation or violates the rights of those of another party.
1. You agree to indemnify Measured Mediation and Professional Services, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
10. Dispute Resolution
4. Termination of Mediation:
5. Independent Legal Advice
By engaging in the Mediation process with Measured Mediation and Professional Services you hereby understand and agree to the above terms and conditions to mediate.