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, 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:

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; or
2. you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services. In the course of completing the registration process will always be accurate, correct and up to date.

4. Payment

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. 

5. 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.

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:

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.

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:

1. providing Measured Mediation and Professional Services with 14 days’ notice of your intention to terminate.

* 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:

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. the provision of the Services to you by Measured Mediation and Professional Services is, in the opinion of Measured Mediation and Professional Services, no longer commercially viable.

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.

9. 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.

10. 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. Termination of Mediation: 

• If 20 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation, and the mediator must do so.

5. 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 to mediate.