Terms of Use
Welcome to www.bendigomediation.com.au (the Website) of Bendigo Mediation. Bendigo Mediation provides workplace and commercial mediation and family dispute resolution.
In these Terms of Use, “we” and “us” refers to Concordia Connect Pty Ltd trading as Bendigo Mediation and “you” refers to any individual who accesses this website.
Accepting our terms and conditions
When you use and access our Website, you agree to our Terms of Use as published on the Website at that time. Each time you use our Website, you should check these Terms of Use for updates. When you use our Website you are telling us that you agree to the current Terms of Use. If you do not agree to abide by the Terms of Use, you should not use or access our Website.
Use of our Website
We provide our Website to give you information about our business, to connect with you and to provide general information and relevant content that you may be interested in. We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use our Website only as described in these Terms of Use. All other uses are prohibited without our prior written consent.
You may not, without our prior written permission and the permission of any other relevant rights owners, broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Website for any purpose. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain (other than as a result of a breach of these Terms of Use).
Content on our Website is provided solely for general information purposes and on a no liability basis. The information we provide is not advice, is not intended to be comprehensive, does not take into account your individual circumstances and should not be used as a substitute for advice from a professional. We do not promise that the information we publish is correct, complete or up to date. You should seek professional advice which takes into account your individual circumstances before acting on any information.
Your use of the Website including submitting any enquiry form or information to us is not intended to create, nor does it create a contractual relationship of any kind between us. This only occurs once we have expressly agreed in writing to do work for you.
You must not use the Website for any purpose other than getting information about our business and topics we write about. When using the Website, you must not act fraudulently, or provide us with false, inaccurate or misleading information. You must not use the Website in a manner which could infringe anyone’s intellectual property rights, damage, disable, overburden or impair the Website or interfere with any other user’s use and enjoyment of the Website. You must not transmit viruses or other disabling features, or damage or interfered with our Website using trojan horses, viruses or piracy or programming routines that may damage or interfere with our Website.
You must not do anything which we consider inappropriate or which might bring us into disrepute including (without limitation) using our Website to in any way defame, harass, threaten, menace or offend any person, breach any person’s privacy or any other legal rights, interfere with any other user of our Website or do anything which may breach a law or court order.
Who owns the Intellectual Property?
We are the sole owner or exclusive licensee of the Website and all intellectual property rights associated with the Website (including copyright in its content, and either ownership or a licence of all text, graphics, logos, button icons, video images, audio clips, source code, scripts, design elements and interactive features). You may not copy, reproduce or modify any part of our Website for any purpose except where we give you our prior written consent.
Security of the Website
You are solely responsible for any information that you transmit to us. We use our best endeavours to maintain the security of the Website, however we do not make any guarantees about the security of the Website, our records, or any information you submit to us. We exclude all liability for any computer virus or technological problems or other loss that you may suffer as a result of the browsing or downloading of any files from our Website, or from any data breach, compromise or misuse of your data that is provided to us in connection with the Website.
In order to use the Website, you need to connect to the internet and you are solely responsible for your connection and all fees associated with that connection and access.
You are able to browse the Website as an unregistered user. We may require you to set up an account to gain access to certain parts of the Website. If you are a registered user, you are responsible for keeping your account details and your username and password confidential. You are liable for all activity on your account, whether or not you authorised such activities or actions. You should notify us immediately of any unauthorised use of your account.
Liability and Indemnity
Our Website and our content is provided “as is” and we make no representations or give any warranties or guarantees as to the suitability, accuracy or quality of the Website for any particular purpose. We do not guarantee that access will be uninterrupted, error-free or free from viruses or that our Website is secure. We may decide not to remedy defects even if we are made aware of them.
We may at any time alter, remove or discontinue our Website or parts of our Website without notice to you. Our Website may be offline for indeterminate periods of time and you release us from any liability for its unavailability. Our content is subject to change without notice. We do not promise to keep our Website up to date and we are not liable if our content becomes inaccurate or out of date after posting.
Your use of and access to the Website is at your own risk and we exclude all liability of any kind, howsoever arising, including without limitation consequential loss such as lost profit, lost opportunity, lost revenue, lost data, damage to goodwill, losses resulting from security failure, third party loss, or any indirect or consequential loss resulting from your use of the Website. Where we cannot completely exclude liability, our total liability is limited to the cost of re-supplying the relevant services, or refunding the amount paid by you in connection with the services, or if you have not paid us any amounts, then $100.
You agree to indemnify us, our directors, officers, employees, contractors, affiliates, contributors, third party content providers, licensors and our related entities from and against all actions, claims, demands costs, expenses, damages incurred, suffered or arising out of or in connection with our Website and any losses which we may incur in respect of any negligence, misuse of the Website, other act or omission, or any breach of these Terms of Use by you.
Our Website may contain links to websites operated by third parties. Unless expressly stated otherwise, we do not control, endorse or approve and are not responsible for the content on those websites. You should make your own investigations with respect to the suitability of those websites. Those websites will have their own terms of use which you should familiarise yourself with and ensure you agree to them.
Applicable Law
Your use of our Website is governed by the laws of Victoria, Australia. Nothing in these Terms of Use is intended to exclude your statutory rights as a consumer under the Australian Consumer Law. If anything in these Terms of Use could be interpreted to breach those rights, it is to be read down or severed so as to make it compliant with that law.
Our Website may be accessed throughout Australia and overseas. We make no representation that our Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access our Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Website.
If a provision of these Terms of Use is found to be void, invalid, illegal or unenforceable under the law, that provision must be read down as narrowly as necessary to make it valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is to be severed from these Terms of Use without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms of Use.
How do we resolve a dispute?
If a dispute arises out of or relates to these Terms of Use, neither party may commence any tribunal or court proceedings until they have complied with this clause.
A party alleging that a dispute has arisen must notify the other party, particularise the dispute and what it considers must be done to resolve it. Within 7 days of the notice, the parties must attempt in good faith to resolve the dispute by negotiation. If the dispute cannot be resolved, the parties must agree to participate in mediation with a mediator appointed by agreement of the parties or if they fail to agree within 7 days, as appointed by the President of the Law Institute of Victoria.
The parties will share the costs of the mediator and any venue hire costs equally. The parties must otherwise each pay their own costs associated with the mediation. All communications concerning negotiations made by the parties arising out of and in connection with this dispute resolution procedure are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
This clause does not apply to circumstances where a party wishes to apply for an urgent injunction.
How are changes made to these Terms of Use?
We may amend these Terms of Use from time to time, with or without notice to you. We recommend that you visit our website regularly to keep up to date with any changes.
These Terms of Use were last updated on 1 July 2022.