Website Terms of Use

1. Introduction

These Website Terms of Use (“Terms”) govern your access to and use of the ProMediate (UK) Limited website (“the Website”).

By accessing or using this Website you confirm that you accept these Terms and agree to comply with them. If you do not agree with these Terms, you should not use this Website.

These Terms apply together with our:

• Privacy Policy
• Cookie Policy
• Accessibility Statement
• ADR Scheme Rules (where applicable)
• Complaints Policy

Where a dispute is referred to one of ProMediate’s ADR schemes, the applicable ADR Scheme Rules take precedence over these Website Terms where there is any inconsistency.

2. About ProMediate

This Website is operated by ProMediate (UK) Limited.

Registered in England and Wales: 09328473

Registered Office:

Email: enquiries@promediate.co.uk

Telephone: 0203 621 3908

3. Purpose of this Website

This Website provides information about:

• Alternative Dispute Resolution (ADR)
• Civil and commercial mediation
• Consumer dispute resolution schemes
• Mediator training
• Professional mediation services
• Associated legal and dispute resolution services.

Information published on this Website is intended for general information only.

Nothing on this Website constitutes legal advice, financial advice or professional advice upon which reliance should be placed.

Users should obtain independent advice appropriate to their own circumstances before making legal or commercial decisions.

4. Access to the Website

We make reasonable efforts to ensure that this Website is available at all times.

However, we do not guarantee uninterrupted availability.

We may:

• suspend the Website;
• withdraw any part of it;
• update content;
• modify functionality;
• restrict access;
• undertake maintenance;

without prior notice where reasonably necessary.

We shall not be liable for any loss arising from temporary unavailability.

5. Acceptable Use

You agree to use this Website only for lawful purposes.

You must not:

• breach any applicable law or regulation;
• upload malicious software;
• interfere with the operation of the Website;
• attempt unauthorised access to systems;
• harvest data or email addresses;
• use automated software to scrape content without permission;
• submit false information through online forms;
• impersonate another person;
• misuse any ADR complaint process.

We reserve the right to restrict or terminate access where these Terms are breached.

6. User Accounts

Where access is provided using passwords or login credentials, you are responsible for maintaining their confidentiality.

You must notify us immediately if you believe your account has been compromised.

We may suspend or terminate access where misuse is suspected.

7. Intellectual Property

Unless otherwise stated, all intellectual property rights in this Website are owned by or licensed to ProMediate (UK) Limited.

This includes:

• text;
• logos;
• graphics;
• design;
• downloadable documents;
• branding;
• software;
• page layouts;
• reports;
• training materials.

You may:

• view pages;
• download documents made available for download;
• print documents for personal or internal business use.

You must not reproduce, publish, distribute or commercially exploit any material without our written permission.

8. ADR Information

This Website contains information about ADR procedures operated by ProMediate.

The definitive rules governing any ADR process are contained within the relevant published ADR Scheme Rules.

Nothing on this Website creates any contractual right to ADR unless a dispute falls within an applicable scheme and has been accepted in accordance with those Scheme Rules.

9. Accuracy of Information

We make reasonable efforts to ensure information published on this Website is accurate and up to date.

However, we do not warrant that all information is complete, accurate or current.

Legislation, regulatory guidance and case law may change after publication.

Users should not rely solely upon Website content without obtaining appropriate independent advice.

10. Links to Third-Party Websites

This Website may contain links to external websites.

Such links are provided solely for convenience.

We do not control those websites and are not responsible for:

• their content;
• accuracy;
• availability;
• security;
• privacy practices.

Inclusion of a link does not imply endorsement.

11. Linking to this Website

You may link to this Website provided that:

• the link is lawful;
• it is fair;
• it does not damage our reputation;
• it does not imply endorsement where none exists.

You must not:

• frame this Website;
• reproduce pages as your own;
• create misleading associations with ProMediate.

We reserve the right to withdraw linking permission at any time.

12. Privacy and Cookies

Our collection and use of personal information is governed by our:

• Privacy Policy
• Cookie Policy

By using this Website you acknowledge that personal data may be processed in accordance with those policies.

13. Accessibility

ProMediate is committed to making this Website accessible to as many users as reasonably possible.

Information regarding accessibility features and reasonable adjustments can be found within our Accessibility Statement and Accessibility Policy.

If you require information in an alternative format, please contact us.

14. Security

While we employ reasonable technical and organisational measures to protect this Website, no internet service can be guaranteed to be completely secure.

Users should ensure that their own devices are appropriately protected against viruses, malware and other cyber threats.

15. Limitation of Liability

To the fullest extent permitted by law, ProMediate excludes liability for any loss arising from the use of this Website.

In particular, we shall not be liable for:

• loss of profit;
• loss of business;
• loss of opportunity;
• loss of goodwill;
• loss of revenue;
• loss of anticipated savings;
• business interruption;
• indirect or consequential losses.

Nothing in these Terms excludes liability for:

• death or personal injury caused by negligence;
• fraud or fraudulent misrepresentation;
• any liability which cannot lawfully be excluded.

16. Website Content

Opinions expressed in articles, news items or guidance published on this Website are intended for general information only unless expressly stated otherwise.

Publication of material does not necessarily represent legal advice or a binding statement of ProMediate policy.

17. Changes to these Terms

We may amend these Terms from time to time.

Updated versions will be published on this Website together with the effective date.

Continued use of the Website constitutes acceptance of any revised Terms.

18. Governing Law

These Terms shall be governed by the laws of England and Wales.

The courts of England and Wales shall have exclusive jurisdiction over any dispute arising from these Terms or the use of this Website, subject to any mandatory legal rights which cannot be excluded.

19. Contact

Questions regarding these Terms should be directed to:

ProMediate (UK) Limited

Email: enquiries@promediate.co.uk

Telephone: 0203 621 3908