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Website Terms – Level Mediation

This online platform (Platform) is operated by Grace Family Law Centre Pty Ltd ABN 1163740100 or its successors and assignees (we, my, our or us). It is available at: www.levelmediation.com.au and may be available through other addresses or channels or on a platform hosted by a third party.  

Throughout these online purchase and online course terms and conditions (Terms), “Platform” refers to our online or mobile presence and educational materials, regardless of how you access it. 

Acceptance

By accessing and/or using our Platform, you warrant to us that you: 

  • have reviewed these Terms which also include our Privacy Policy  and note that these Terms together form our agreement with you; 
  • are the age of 18 or over and have the legal capacity to enter into a legally binding agreement with us; and 
  • agree to use the Platform in accordance with these Terms. 

Registration  

You can browse and view the Platform as an unregistered user, however you may be required to register on the Platform and create an account (Account) to access some features, such as the purchase of our online course and/ or any digital products such as our consent orders builder (Product). 

When do these terms apply? 

These Terms apply when you purchase a Product available for purchase on our Site. You must read and agree to the Terms before you proceed with the purchase of any Product. 

Contract 

When you place an order (Order) via our Platform, you will receive an acknowledgement confirming receipt of your order. However, this acknowledgment will not constitute acceptance of your order.  

A contract will not be formed between us until we send you an agreement to mediate by e-mail (Contract).  

You agree that you will not copy, reproduce, distribute or use the Product other than as set out in this Contract and that you must not sell, transfer, lease, modify, distribute or publicly perform the Product included as part of the Contract or provided to you by us.  

If you breach the Contract we reserve the right to terminate your license to use any purchased products or services. Only those products or services listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed. Any additional order for one on one services or other products we offer will be subject to another Contract. 

Pricing  

We try and ensure that all details, descriptions and prices that appear on our Platform are accurate, note that errors may occur. Where we become aware of any such error we will endeavour to notify you. 

Payment  

Any payments will be made through our third party payment processor or by any other payment method set out on the Platform. We reserve the right to set out a number of payment methods on the Platform. Where a Third Party Payment Processer is used, that Payment will be subject to additional terms and conditions (Third Party Terms). Please review any relevant Third Party Terms before using your selected payment method.  

We will advise, at the time of the purchase of the currency in which you are required to pay for the Products in. If you are charged in Australian dollars, Goods and Services Tax (GST) may be added to the price at our discretion. 

Exclusions 

We do not include legal services, including a review of any documents drafted at mediation. When the mediation is complete, we will suggest a panel of independent family lawyers (Panel) who can provide advice and provide a certificate of independent legal advice. If you elect to proceed with this option, you will engage in a contract with the lawyer(s) you select via our Panel suggestions directly, noting each party to the consent orders will require their own lawyer from the Panel to provide independent legal advice. 

Delivery of digital product  

The digital product and/ or access on our Platform (which includes access to any relevant third party platform) will be provided to you by email or other form of digital download, including but not limited to streaming them from a third party platform. You acknowledge and agree that any use of a third party platform means you will be subject to the terms and conditions of that platform as well as these online purchase terms and conditions.  

Collection of information 

  • We collect personal information about you and any other related parties in order to enable you to access and use the Platform services, purchase Products and for other purposes set out in our Privacy Policy.  
  • We may disclose that information as required by law. If you do not provide this information, we may not be able to provide you with accurate or complete services or Products on the Platform.    
  • All personal information you provide to us will be treated in accordance with our Privacy Policy. 

Intellectual Property rights 

Unless otherwise indicated, we own or licence all rights, title and interest (including intellectual property rights) in our website/platform and all of the content used on our website/platform (Content). We also own all of the Content. Your use of our Platform/website to participate in our services and/ or digital products and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to our Platform/website or the Content. 

You must not, without the prior written consent of us or the owner of the Content (as applicable):  

  • copy or use, in whole or in part, any Content;  
  • reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or 
  • breach any intellectual property rights connected with our Platform, including (without limitation) by: 
  • altering or modifying any of the Content; 
  • causing any of the Content to be framed or embedded in another website or platform; or  
  • creating derivative works from the Content. 

User Content 

You may be permitted to post, upload, publish, submit or transmit relevant information and content, including reviews (User Content) on our Platform/website.  By making available any User Content to you on or through these methods, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free licence to use the User Content, with the right to use, view, copy, adapt, modify, distribute, license, sell, transfer, communicate, publicly display, publicly perform, transmit, stream, broadcast, access, or otherwise exploit such User Content on, through, or by means of our Platform/website. 

You agree that you are solely responsible for all User Content that you make available on or through our Platform/website.  You represent and warrant that:  

  •  you are either the sole and exclusive owner of all User Content or you have all rights, licences, consents and releases that are necessary to grant to us the rights in such User Content as contemplated by these Terms; and 
  • neither the User Content nor the posting, uploading, publication, submission or transmission of the User Content or our use of the User Content on, through or by means of our Platform/website we use for the Content will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. 

We do not endorse or approve and are not responsible for any User Content. We may, at any time at our sole discretion, remove any User Content. 

Consumer Guarantees 

  • Certain legislation including the Australian Consumer Law (ACL) in the Competition and Consumer Act 2010 (Cth), and similar consumer protection laws and regulations may confer you with rights, warranties, guarantees and remedies relating to our provision of our services which cannot be excluded, restricted or modified (Statutory Rights). 
  • Nothing in these Terms excludes your Statutory Rights as a consumer under the ACL.   

Limitation on claims 

  •   We have no liability to the extent that our performance of the contract is prevented by force majeure. For these purposes, “force majeure” means any occurrence or omission as a direct or indirect result of which we are prevented from or delayed in performing any of our obligations, is beyond our reasonable control and which could not have been prevented or mitigated by reasonable diligence or precautionary measures, including forces of nature, natural disasters, acts of terrorism, riots, revolution, civil commotion, epidemic, industrial action and action or inaction by a government agency. 
  • We have no liability to the extent that a failure of the Product is attributable to any act or omission on your part, including but not limited to where you do not follow appropriate download instructions for the Product.  
  • Our liability for failure to comply with a consumer guarantee is limited to: 
  • in the case of the Products supplied by us, the replacement of the Product or the supply of equivalent Product (or the payment of the cost of the replacement or supply); and 
  • in the case of services supplied by us, the supply of the services again or the payment of the cost to the Customer of having the services supplied again.
  • Subject to the prior, no attempt is made to exclude or limit liability arising under the Australian Consumer Law to the extent that there is a statutory restriction on such exclusion or limitation. 
  • In all other respects, our total liability for loss or damage of every kind, whether: 
  • arising pursuant to the terms of service; or 
  • arising in any other way out of or in relation to the supply of the goods, their sale, delivery or the way they behave, and whether in tort or contract or in any other cause of action, 
  • is limited to an amount equivalent to the sum paid by you to us for the goods.  
  • Except as otherwise stipulated in these terms, we do not accept liability to you in respect of any indirect or direct loss or damage which may be suffered or incurred by you in respect of goods or services supplied pursuant to these terms. 
  • This clause will survive the termination or expiry of these Terms. 

Warranty disclaimer 

To the extent permitted by law, any condition or warranty that would otherwise be implied into these Terms is hereby excluded. Further, the application of the United Nations Convention on Contracts for the International Sale of goods (the Vienna Convention) to this agreement (by virtue of any law relevant to this agreement) is excluded. 

Indemnity 

You agree to at all times indemnify us, and keep us indemnified from and against any loss (including legal costs on a full indemnity basis) or liability incurred or suffered by you or by us arising from any claim, demand, suit or action or proceed by any persona against you or us where you such loss or liability arose out of or in connection with your conduct or breach of these terms of use or use of this Website or Platform or any information you provide via this Website or any damage caused to this Website. 

Exclusion of competitors 

You are prohibited from using our Platform/website, including the Product, in any way that competes with our business. If you breach this term, we will hold you responsible for any loss, damage or expense, howsoever arising, whether direct or indirect and/ or whether present, unascertained, future or contingent (Liability) we suffer, and hold you accountable for any profits that you may make from non-permitted use. 

Waiver  

Any waiver of any provision of the terms of service will be effective only if in writing and signed by us. Without limiting the foregoing, if you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

No guarantee 

While every effort has been made to accurately represent the services we offer and the likely outcome, there is no guarantee that you will achieve the results that you may have expectations of.  

Disclaimers 

You acknowledge and agree to proceed on the following basis:    

  • where you have paid for our services, you acknowledge that:  
  • your level of success in resolving your matter depends on each person’s time they devote to the mediation and other external factors. Since these factors differ according to different individuals, we cannot guarantee your success or any particular outcome or other external outcomes such as being able to have a smooth separation and divorce process or that you will agree to a financial settlement that is fair or equivalent to that which would be awarded by the Federal Circuit and Family Court of Australia; and 
  • Any documents created through mediation are not intended to cover complex cases or circumstances, and where this is the case, we recommend that you engage a family lawyer to represent you and prepare customised terms; 
  • the mediator does not provide tax or legal advice. You must engage a lawyer and/ or accountant or financial adviser independently of mediation to determine the financial impact and tax consequences of your entry into any proposed agreement created at mediation; 
  • you warrant that you have not relied on any testimonials published by us as a reliance to purchase the services and will hold us harmless if you do not achieve the results you desire as a result of engaging our services. 

Entire agreement 

The above terms set out in this online purchase terms and conditions constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and us.  

Variation 

We may modify these Terms from time to time by posting the amended Terms on our Website. By continuing to use the Website and any associated third party platform hosting our Content after such modification, you agree to the amended terms. If you do not agree to the modifications, you must terminate your account with our Website and any other associated third party platform hosting our Content. 

Severance 

The provisions of these Terms are severable and if any provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms. 

Governing law 

The laws in force in Queensland, Australia govern these terms of service. You agree to submit to and be bound by the exclusive jurisdiction of the courts of that jurisdiction. 

Grace Family Law Centre Pty Ltd 

Email: hello@levelmediation.com.au 

Last update: 26 November 2024