Terms of Use
Please carefully review the Terms of Use below.
About This Website
1: This website is operated under the domain name of www.familymediationdirect.com.au ("the Website").
Acceptance of Terms
2.1: Your access to and use of the Website and any services referred to in Clause 3, if and when applicable, is governed exclusively by these Terms of Use. You must not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. By using the Website, you are fully accepting these terms, conditions and disclaimers ("the Terms of Use"). Hence, if you do not accept the Terms of Use, you must immediately terminate your use of the Website and you must not engage Family Mediation Direct to provide any such services.
2.2: We reserve the right to update, vary or amend the Terms of Use at any time and without notice, and your continued use of the Website and any services from Family Mediation Direct following any such changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to regularly check the Terms of Use for any changes.
The Services
3.1: Family Mediation Direct provides family mediation or family dispute resolution services ("the Services") only. Family Mediation Direct is not a law firm, does not act as lawyers in any way, does not engage in legal practice in any way, and does not provide legal advice in any way. Therefore, it is always recommended that you seek legal advice from a lawyer before, during and after mediation. If you agree to engage in the Services, you do so only on the basis that you have read and accept the Schedule of Costs and Statutory Disclosures.
3.2: In order to maintain third party impartiality that is necessary in mediation, Family Mediation Direct cannot provide any legal advice. Hence, the information on the Website does not constitute legal advice in any way, and you should not act or refrain from acting in reliance on such information. In addition, the Services - including any documents written - do not constitute legal advice in any way. Any agreements reached at mediation are provided for the sole purpose of recording the resolutions reached at mediation. If you wish to file any agreements with the Family Court, then that is entirely a decision for you and the other party or parties. Before doing so, it is recommended that you seek legal advice from a lawyer regarding the words used, because it is important that you understand the meaning and effect of any orders being sought. Family Mediation Direct does not warrant or guarantee that any agreements reached at mediation will be ratified by the Family Court, because it is entirely a matter for you to engage a lawyer in order to have any agreements ratified by the Family Court.
3.3: The Website also contains information relating to counselling and/or psychology. As Family Mediation Direct does not provide any counselling and/or psychology services, any such information on the Website does not constitute counselling and/or psychology services in any way, and you should not act or refrain from acting in reliance on such information. If required, you should seek counselling and/or psychology services from a registered counsellor and/or psychologist.
3.4: The Website may provide email, bulletin boards, eNewsletters, chat areas, news groups, forums and/or other message or communication facilities that are designed to enable you to communicate with others. Unless stated otherwise, these are only for your personal and non-commercial use, with all content remaining the intellectual property of Family Mediation Direct.
Privacy
4.1: The Website is committed to responsible data management and therefore subscribes to the principles within the relevant privacy legislation in Australia. The Website is committed to maintaining the privacy of users and the security of any personal information received from you. If you use the "Contact" form or the "Start Mediation" form, you will only be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for the purpose of providing you with a response to the specified query or the Services.
4.2: This Website may also use a technology called "cookies" as part of normal business procedure to track behaviour patterns of visitors to the Website. A cookie is an element of data that the Website sends to your browser, and this is then stored on your system. You can set your internet browser to prevent this from happening. Any information that is collected in this way can be used to identify you unless you change your internet browser settings.
4.3: Any further information that is collected by Family Mediation Direct is governed by our Privacy Policy.
Acceptable Use
5: In using the Website, you agree:
(a) Not to use the Website or the Services contrary to the Terms of Use; and
(b) To be bound by the relevant laws and regulations concerning the transmission of any emails.
Links to Third Party Websites
6: The Website and the Services may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that the Website is not responsible for the content or availability of any such third-party websites.
Intellectual Property Rights
7.1: The Website and the Services, together with their respective content (including but not limited to the Website and the Services, design, content, text, graphics and all software and source codes connected with the Website and the Services) ("the Intellectual Property") are protected by copyright, trade marks, patents and other intellectual property rights and laws. Copyright to the content on the Website is owned by Family Mediation Direct and/or its director, unless otherwise indicated.
7.2: Except where necessary for viewing the content of the Website on your internet browser - or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or the Terms of Use - no content of the Website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form and by any process without the prior written consent of Family Mediation Direct. Therefore, you are otherwise strictly prohibited from making any use whatsoever of the Intellectual Property, due to your full understanding that the Intellectual Property is the result of years of extensive and assiduous research and development at great cost and effort to Family Mediation Direct and/or its director, and should you breach this essential condition of the Terms of Use, then you acknowledge that you are liable to Family Mediation Direct and/or its director for general damages for breach of copyright and moral rights attribution under the Copyright Act 1968 (Cth), due to your full understanding that Family Mediation Direct and/or its director charges a licence fee of $2,200.00 (including GST) per year (or part thereof) per block of 1,000 words (or part thereof) of content or text, or per item of Intellectual Property (or part thereof) if not content or text, and you acknowledge that you are additionally liable to Family Mediation Direct and/or its director for flagrant damages for breach of copyright and moral rights attribution under the Copyright Act 1968 (Cth).
7.3: The trading name "Family Mediation Direct" and the catch-phrase "Guiding you from where you are to were you want to be" are trademarks owned by Family Mediation Direct.
Indemnity and Liability
8.1: You agree to indemnify Family Mediation Direct from and against any breach by you of the Terms of Use, and any claim or demand brought against Family Mediation Direct by any third party arising out of your use of any content submitted, posted or transmitted through the Services, including but not limited to all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Family Mediation Direct in consequence of your breach of the Terms of Use.
8.2: By using the Website and the Services, you acknowledge, understand and agree that - should Family Mediation Direct suffer any loss or damage whatsoever in connection with your breach of the Terms of Use or any other legal obligation by you or your use of or conduct on the Website - you will fully indemnify Family Mediation Direct.
Disclaimers and Limitation of Liability
9.1: Use of the Website is at your own risk. The Website and the Services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2: To the extent permitted by law, Family Mediation Direct will not be liable for any indirect or consequential loss or damage whatsoever (including but not limited to loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the Services.
9.3: Family Mediation Direct makes no warranty that the Website will meet your requirements, that the content of the Website will be accurate or reliable or up-to-date, that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
9.4: Nothing in the Terms of Use shall affect your statutory rights as a user of the Website and the Services.
Complaints Mechanism
10: Should a person have a complaint about the Family Dispute Resolution Practitioner (Mediator), a complaint may be made to Conflictsolvers at www.conflictsolvers.com.au or by phone on 0412 102 801.
Severance
11: If any of the Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms of the Terms of Use shall survive and remain in full force and effect, and continue to be binding and enforceable.
Governing Law
12: The Terms of Use and the provision of the Services by Family Mediation Direct shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and you hereby submit to the exclusive jurisdiction of the State of Queensland courts.
About This Website
1: This website is operated under the domain name of www.familymediationdirect.com.au ("the Website").
Acceptance of Terms
2.1: Your access to and use of the Website and any services referred to in Clause 3, if and when applicable, is governed exclusively by these Terms of Use. You must not use the Website for any purpose that is unlawful or otherwise prohibited by these Terms of Use. By using the Website, you are fully accepting these terms, conditions and disclaimers ("the Terms of Use"). Hence, if you do not accept the Terms of Use, you must immediately terminate your use of the Website and you must not engage Family Mediation Direct to provide any such services.
2.2: We reserve the right to update, vary or amend the Terms of Use at any time and without notice, and your continued use of the Website and any services from Family Mediation Direct following any such changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to regularly check the Terms of Use for any changes.
The Services
3.1: Family Mediation Direct provides family mediation or family dispute resolution services ("the Services") only. Family Mediation Direct is not a law firm, does not act as lawyers in any way, does not engage in legal practice in any way, and does not provide legal advice in any way. Therefore, it is always recommended that you seek legal advice from a lawyer before, during and after mediation. If you agree to engage in the Services, you do so only on the basis that you have read and accept the Schedule of Costs and Statutory Disclosures.
3.2: In order to maintain third party impartiality that is necessary in mediation, Family Mediation Direct cannot provide any legal advice. Hence, the information on the Website does not constitute legal advice in any way, and you should not act or refrain from acting in reliance on such information. In addition, the Services - including any documents written - do not constitute legal advice in any way. Any agreements reached at mediation are provided for the sole purpose of recording the resolutions reached at mediation. If you wish to file any agreements with the Family Court, then that is entirely a decision for you and the other party or parties. Before doing so, it is recommended that you seek legal advice from a lawyer regarding the words used, because it is important that you understand the meaning and effect of any orders being sought. Family Mediation Direct does not warrant or guarantee that any agreements reached at mediation will be ratified by the Family Court, because it is entirely a matter for you to engage a lawyer in order to have any agreements ratified by the Family Court.
3.3: The Website also contains information relating to counselling and/or psychology. As Family Mediation Direct does not provide any counselling and/or psychology services, any such information on the Website does not constitute counselling and/or psychology services in any way, and you should not act or refrain from acting in reliance on such information. If required, you should seek counselling and/or psychology services from a registered counsellor and/or psychologist.
3.4: The Website may provide email, bulletin boards, eNewsletters, chat areas, news groups, forums and/or other message or communication facilities that are designed to enable you to communicate with others. Unless stated otherwise, these are only for your personal and non-commercial use, with all content remaining the intellectual property of Family Mediation Direct.
Privacy
4.1: The Website is committed to responsible data management and therefore subscribes to the principles within the relevant privacy legislation in Australia. The Website is committed to maintaining the privacy of users and the security of any personal information received from you. If you use the "Contact" form or the "Start Mediation" form, you will only be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for the purpose of providing you with a response to the specified query or the Services.
4.2: This Website may also use a technology called "cookies" as part of normal business procedure to track behaviour patterns of visitors to the Website. A cookie is an element of data that the Website sends to your browser, and this is then stored on your system. You can set your internet browser to prevent this from happening. Any information that is collected in this way can be used to identify you unless you change your internet browser settings.
4.3: Any further information that is collected by Family Mediation Direct is governed by our Privacy Policy.
Acceptable Use
5: In using the Website, you agree:
(a) Not to use the Website or the Services contrary to the Terms of Use; and
(b) To be bound by the relevant laws and regulations concerning the transmission of any emails.
Links to Third Party Websites
6: The Website and the Services may include links to third-party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites, and you acknowledge and agree that the Website is not responsible for the content or availability of any such third-party websites.
Intellectual Property Rights
7.1: The Website and the Services, together with their respective content (including but not limited to the Website and the Services, design, content, text, graphics and all software and source codes connected with the Website and the Services) ("the Intellectual Property") are protected by copyright, trade marks, patents and other intellectual property rights and laws. Copyright to the content on the Website is owned by Family Mediation Direct and/or its director, unless otherwise indicated.
7.2: Except where necessary for viewing the content of the Website on your internet browser - or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or the Terms of Use - no content of the Website may be reproduced, adapted, uploaded to a third party, framed, performed in public, distributed or transmitted in any form and by any process without the prior written consent of Family Mediation Direct. Therefore, you are otherwise strictly prohibited from making any use whatsoever of the Intellectual Property, due to your full understanding that the Intellectual Property is the result of years of extensive and assiduous research and development at great cost and effort to Family Mediation Direct and/or its director, and should you breach this essential condition of the Terms of Use, then you acknowledge that you are liable to Family Mediation Direct and/or its director for general damages for breach of copyright and moral rights attribution under the Copyright Act 1968 (Cth), due to your full understanding that Family Mediation Direct and/or its director charges a licence fee of $2,200.00 (including GST) per year (or part thereof) per block of 1,000 words (or part thereof) of content or text, or per item of Intellectual Property (or part thereof) if not content or text, and you acknowledge that you are additionally liable to Family Mediation Direct and/or its director for flagrant damages for breach of copyright and moral rights attribution under the Copyright Act 1968 (Cth).
7.3: The trading name "Family Mediation Direct" and the catch-phrase "Guiding you from where you are to were you want to be" are trademarks owned by Family Mediation Direct.
Indemnity and Liability
8.1: You agree to indemnify Family Mediation Direct from and against any breach by you of the Terms of Use, and any claim or demand brought against Family Mediation Direct by any third party arising out of your use of any content submitted, posted or transmitted through the Services, including but not limited to all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by Family Mediation Direct in consequence of your breach of the Terms of Use.
8.2: By using the Website and the Services, you acknowledge, understand and agree that - should Family Mediation Direct suffer any loss or damage whatsoever in connection with your breach of the Terms of Use or any other legal obligation by you or your use of or conduct on the Website - you will fully indemnify Family Mediation Direct.
Disclaimers and Limitation of Liability
9.1: Use of the Website is at your own risk. The Website and the Services are provided on an "as is" and "as available" basis without any representation or endorsement made and without warranty of any kind, whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
9.2: To the extent permitted by law, Family Mediation Direct will not be liable for any indirect or consequential loss or damage whatsoever (including but not limited to loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website or the Services.
9.3: Family Mediation Direct makes no warranty that the Website will meet your requirements, that the content of the Website will be accurate or reliable or up-to-date, that the functionality of the Website will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
9.4: Nothing in the Terms of Use shall affect your statutory rights as a user of the Website and the Services.
Complaints Mechanism
10: Should a person have a complaint about the Family Dispute Resolution Practitioner (Mediator), a complaint may be made to Conflictsolvers at www.conflictsolvers.com.au or by phone on 0412 102 801.
Severance
11: If any of the Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, then such term or condition shall be severed and the remaining terms of the Terms of Use shall survive and remain in full force and effect, and continue to be binding and enforceable.
Governing Law
12: The Terms of Use and the provision of the Services by Family Mediation Direct shall be governed by and construed in accordance with the laws of the State of Queensland, Australia and you hereby submit to the exclusive jurisdiction of the State of Queensland courts.