WEBSITE TERMS AND CONDITIONS
Welcome to immediation.com, both the website immediation.com and the platform that it accesses being referred to as the Platform. The Platform contains products and services provided to users and guests by Immediation Platform Pty Ltd (ACN 628 122 609) (Immediation) under licence from Immediation Pty Ltd (ACN 617 528 088).
Access to and use of the Platform, or any of its associated services (the Services) provided by third party neutrals (Panel Members), is provided by Immediation and therefore your contract regarding access to the Platform and any Services provided thereon is with Immediation unless otherwise specified.
Please read these terms and conditions (the Terms) carefully. By using, browsing and/or reading the Platform, 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 Platform immediately.
Immediation reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Immediation updates the Terms, it will use reasonable endeavours to provide notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication, and you accept the changed Terms by subsequent use of the Platform. Before you continue, we recommend you keep a copy of the Terms for your records.
You accept the Terms by remaining on the Platform. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by Immediation in the user interface. You accept responsibility for use by any user who accesses the Platform through your account.
Access to the Platform and provision of the Services are subject to further terms and conditions referred to as the Platform Terms and Conditions that you must accept before submitting or responding to a claim or counterclaim on the Platform.
Some of the Services may be subject to additional rules specific to that service as set out on the Platform (Service Rules). By accepting the Service Rules, you agree with Immediation to abide by those Service Rules in relation to the provision of that Service.
Prior to the commencement of a Service, you will also be required to sign an agreement (Service Agreement) with respect to the provision of a Service with the party with whom you are having a dispute and with the Panel Member. Immediation is not a party to that Service Agreement. The Service Agreement incorporates the relevant Service Rules.
Immediation implements security procedures to help protect your data from security attacks. All content supplied by you and generated for the Services will be securely stored and will not be released to anyone except as required by law or within any agreement generated or submitted to or by you. However, given the nature of the internet and the cloud:
You must ensure that your use of the Platform and the Services and any business, negotiation, transaction or settlement conducted on the Platform and all your data is at all times compliant with all applicable local, state, federal and international laws and regulations (Laws). You represent and warrant that:
You will not upload any data or material to the Platform that is protected by litigation privilege, legal professional privilege or any other form of privilege. The provision of any privileged material by you constitutes an express and irrevocable waiver of any such rights and neither Immediation Pty Ltd nor Immediation has no obligation to you to in the instance that you intentionally or unintentionally upload privileged data or material.
Immediation may remove or delete your data from the Platform without notice within a reasonable period of time after the termination of the Services and you acknowledge and accept that Immediation has no obligation to retain, or to return to you or any other person, any of your data or your materials after the conclusion or termination of the Services.
The Platform, the content and all of the materials made available by Immediation on the Platform or in the course of providing the Services (the content) are subject to copyright protection under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the content and compilation of the Platform (including but not limited to text, graphics, logos, button icons, video images, audio clips, website, platform, code, scripts, design elements and interactive features) are owned or controlled for these purposes, and are reserved by Immediation, and/or Immediation Pty Ltd or their contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Immediation Pty Ltd and/or Immediation. Immediation grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are using the Platform to:
Neither Immediation Pty Ltd nor Immediation grants you any other rights whatsoever in relation to the Platform or the content. All other rights are expressly reserved by Immediation. Immediation Pty Ltd and/or Immediation retains all rights, title and interest in and to the Platform and all related content. Nothing you do on or in relation to the Platform will transfer to you or any user any:
You may not, without the prior written permission of Immediation and the permission of any other relevant rights owners, broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the content or third-party content for any purpose, unless otherwise provided by these Terms. For the avoidance of doubt, this includes without limitation Immediation’s pricing, fee calculator, and proforma service rules and agreements which can only be accessed by creating an account on the Platform. This prohibition does not extend to materials on the Platform which are freely available for re-use or are in the public domain. The Platform will make clear which materials, if any, are freely available for re-use.
In using the Platform or the Services, you may upload or provide confidential information belonging to yourself, persons on whose behalf you are acting, and other third parties. On the Immediation Platform, or in the course of providing the Services, Immediation provides notice of how information may be used and disclosed, and by using the Platform or the Services you accept those terms. Those notices prevail over this clause to the extent of inconsistency.
Where no notification is provided:
Subject to this clause 7, and to the extent permitted by law:
Use of the Platform, Services and content is at your own risk. Everything on the Platform and the content 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 Immediation Pty Ltd or Immediation make any express or implied representation or warranty about the content or any products or content (including the products or content of Immediation) referred to on the Platform.
Immediation excludes loss or damage you might suffer including as a result of any of the following:
These Terms may be produced and relied upon as a complete defence to any claim made against Immediation, its related bodies corporate or their affiliates, employees, agents, contributors and licensors.
Nothing in the Terms limits or excludes any guarantees, warranties, 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.
Immediation Pty Ltd and Immediation’s total liability arising out of or in connection with the use of the Platform, the Services, the content or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, is limited to the resupply of the Services to you or payment of the cost of having the Services supplied again, at Immediation's discretion.
If you want to terminate the Terms, you may do so by providing Immediation with 30 days’ notice of your intention to terminate by sending notice of your intention to terminate to Immediation via the ‘Contact Us’ link on our homepage. Immediation may at any time, suspend or terminate your access to the Platform if:
You acknowledge and agree that:
The rights and obligations of each of the parties under these Terms will survive expiration or termination of these Terms.
Neither Immediation Pty Ltd nor Immediation has any liability or responsibility for the actions or inactions of the third parties who act as Panel Members as part of the Services. You agree that you will enter into a separate legal agreement with a Panel Member each time you use the Services, to which Immediation will not be a party and will have no obligations, rights or responsibilities thereunder.
You agree to indemnify Immediation Pty Ltd, Immediation, and their affiliates, employees, agents, contributors, third party content providers and licensors from and against:
The exclusive venue for litigation shall be in the courts of Victoria, Australia.
The Terms are governed by the laws of Victoria, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Victoria, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
By using the Platform, you accept that the provisions of the Terms are fair and reasonable and you have had the opportunity to obtain independent legal advice prior to commencing use. You agree that the Terms are not unfair, unconscionable, or against public policy on the grounds of inequality of bargaining power. A provision of the Terms will not be interpreted against a party by virtue of that party having proposed the provision.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed, and the rest of the Terms shall remain in force.