Terms and Conditions 

1. Terms and Conditions of use
1.1. The following Terms and Conditions (the ‘Terms of Use’) apply to the use of all Information, GRP FB Support group membership, Podcasts, Videos, Gut Health Library, Recipes, Meal Plans, Shopping Lists, E-Books, Guidelines, Consultations, Treatment Plans and all associated materials and use of Natalie Woodman Clinic’s (‘Mazami Pty Ltd’, ‘Natalie Woodman, ‘We’, ‘Us’, ‘Our’ ‘Natalie Woodman Clinic’, ‘Clinic’) Gut Rebalancing Protocol delivered either Online or Face-To-Face (the ‘Protocol’, ‘GRP’) to you the client (‘You’, ‘Your’, ‘I’, ‘Client’,  ‘Patient’, ‘Member’, ‘Main Member’)

1.2 In these Terms of Use the term ‘Protocol’ is to be given its widest meaning and includes use of the Website, including the blog, services as specified on the Website, Natalie Woodman Facebook page, GRP FB Support Group, Membership and any material in any form (including printed, electronic or otherwise) which is provided to you by us or our employees or contractors

1.3 By undertaking the Protocol, you agree to be personally bound by the Terms of Use and warrant that you at least 18 years of age.

1.4 By clicking “I accept” you agree to pay for the Protocol at the rate and in the manner specified on the Website amended from time to time. All prices are in Australian Dollars (AUD) and are inclusive of GST.

1.5 You agree to have support services in place if you are experiencing now, or have ever previously, suffered from anxiety and depression. We do not offer, nor are qualified in, offering specialized mental health support.


2. Seek advice from Medical Professional

2.1 By clicking “I accept” you warrant that before beginning the Protocol you have consulted with your health care professional to ensure that you are mindful of your current health, any restrictions that are appropriate for you, and that you are satisfied that the Protocol is suitable for you. You should immediately seek medical attention if there are any unanticipated changes to your physical/mental condition at any time and should not wait for an answer from us concerning questions related to your condition. You are required as per 1.14, 1.15 and 1.16 to advise us this.

2.2. No information contained in the Protocol is intended to be used in place of medical advice and the Protocol is not intended to be used to diagnose, treat, cure or prevent any medical or mental health conditions. Before relying on any information in the Protocol, you should carefully evaluate the accuracy and relevance of the information for their purposes and obtain appropriate professional medical advice.

2.3 By clicking “I accept” you agree to consult a qualified medical professional if you have any questions concerning your medical condition or any injury.


3. The Protocol

3.1.   The Gut Rebalancing Protocol will be delivered to you as described.


4. Information Provided on Website

4.1 To the extent permitted by law, we do not make any representations or warranties that any information we provide is reliable, accurate or complete as it is provided to us by members. We make no guarantees of any specific result from use of the Protocol. Individual Results may vary and are not intended to represent or guarantee that you will achieve the same or similar results. Every person has unique experiences, exercise habits, lifestyle habits etc. These results are from clients who have completed the protocol and adhered to it 100%. It may not reflect your experience. However, these results published on the website are meant as a showcase of what the best, most motivated clients have achieved.

4.2 To the extent permitted by law, we are not liable for any loss arising from any action taken or reliance by you on any information or material of the Protocol, in the GRP FB Support group or on the Website.

4.3 We may provide general health, fitness or nutritional information for educational purposes in our group and on our website. This is general information and should not be taken as individualised professional medical advice, diagnosis, treatment or rehabilitation.

4.4 The Website, Natalie Woodman Facebook pages or GRP FB Support Group may contain hyperlinks to other third-party websites. Such links are provided for convenience only and we take no responsibility for the content of any hyperlink.


5. Nutritional Information

5.1 Nutritional information provided as part of the Protocol may be taken from sources provided by third parties (research, peer reviewed papers, journals, NUTTAB, FSANZ etc). Before relying on any nutritional information as part of the Protocol, you should carefully evaluate the accuracy, completeness and relevance of this information for your own needs and obtain appropriate expert medical advice relevant to your circumstances. We give no warranty that the Protocol is free from error or suitable for your needs.

5.2 The nutrient composition of foods and ingredients can vary substantially between batches and brands because of a number of factors, including changes in season, changes in formulation, processing practices and ingredient source.


6. Recommendations

6.1.   To the extent permitted by law, we are not liable or responsible for any recommendations provided to you as part of the Protocol.


7. Injury

7.1 You are responsible for making your own inquiries and agree to seek independent advice from a healthcare professional before acting on any information or material made available to you as part of the Protocol. The Protocol may not be suitable for your health circumstances.

7.2 You agree that you are solely responsible for following the Protocol.

7.3 You understand that results that other members have obtained may not be the same for you.

7.4 We are not responsible for any injuries that you may suffer as a result of the Protocol.

7.5 Prior to participating in the Protocol, you must assess all the risks involved, including risks that may be caused by your own acts or omissions, your health condition, and risks that are not known to you or are not readily foreseeable at the time of participating in the Protocol.

7.6 By participating, you are doing so voluntarily and at your own risk. To the extent permitted and required by law, this is a risk warning pursuant to the various civil liability and consumer protection legislation. You assume all risks in connection with your participation in the Protocol.

7.7 You are responsible for purchasing Therapeutic supplements/probiotics as prescribed through our recommended third-party organisation and before taking you will discuss with your health care professional to ascertain any contraindications with your health condition or medications. Such links are provided for convenience only and we take no responsibility for the quality or efficacy of products provided.  Practitioner Only Clinical products can only be supplied following a consultation. There is a strict policy and in line with Professional standards set out by the Ethics and Code of Practice to which, as a Qualified Healthcare Professional practice, our clinic is ethically bound to. Your prescription is valid for 30-days. Please order your entire prescription at once as after 30-days it is taken off your account.

7.8 To the maximum extent permitted by law, we exclude all liability arising from or in connection with any: (1) death; (2) physical or mental injury (including the aggravation, acceleration or recurrence of such an injury); (3) the contraction, aggravation or acceleration of a disease; and (4) the coming into existence, the aggravation, acceleration or recurrence of any other condition, circumstance, occurrence, activity, form of behaviour, course of conduct or state of affairs by you undertaking the Protocol.


8. Quality of the Protocol

8.1 You can contact us anytime through the GRP FB Support Group with general questions, concerns or thoughts during the Protocol – but you CANNOT ask Personal Health Questions as we need to gather a lot more information – than a FB post – to safely and effectively advise on what steps to take. We will use our best endeavours to respond to your questions, concerns or thoughts within a 48-hr time frame. If you need immediate administrative assistance please contact the clinic at hello@nataliewoodman.com.

8.2 You acknowledge that the Protocol may not be error-free or uninterrupted. We do not warrant that any computer files as part of the Protocol will be free of viruses or contamination or destructive features. Receipt of emails, or other communications such as via Facebook from us cannot be guaranteed. However, we will use our best endeavours to provide an alternative form of communication wherever possible.


9. Security of Information

9.1 No data transmission can be guaranteed as secure. While we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


10. Third party products or services

10.1 Members and third parties are not permitted to advertise or promote their products or services, or the products or services of others, on any part of the Website or on Natalie Woodman’s Facebook pages or GRP FB Support Group; without prior written consent from us. If in our opinion you are engaged in advertising, promotion or providing advice to other members of the Protocol, then we reserve the right to suspend or terminate any member from participating in the Protocol.


11. Liability

11.1 We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with or arising from use of the Protocol including acts, omissions and conduct of any person. Where information is made available to you by third parties, for example via the Natalie Woodman Facebook page or GRP FB Support Group, we do not purport to endorse the contents of that opinion or advice, nor do we guarantee the accuracy or completeness of that content, and we will not accept liability for loss or damage arising from your reliance upon any information obtained through the Protocol. It remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.

11.2 The Protocol includes general educational materials that is not intended as a substitute or replacement for individual health circumstances.

11.3 To the extent permitted by law, in no event will we (or our employees, agents and subcontractors) be liable to you for indirect, special or incidental, punitive, exemplary or consequential loss, costs, expenses and damages (or any loss of revenue, loss of data, loss of profits or loss of opportunity whether the losses be direct or indirect), suffered or incurred by you and arising out of or in connection with your access to or use of the Protocol; regardless of whether liability is based on any breach of contract, tort (including negligence) or warranty, arises under statute, or any other basis of liability.

11.4 To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms is excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to, at our option:

11.4.1 if the breach relates to goods, replacing, repairing or supplying goods equivalent to, those goods or paying the cost of replacing or repairing them or acquiring equivalent goods; or

11.4.2 if the breach relates to services, re-supplying, or paying the cost of re-supplying, those services.

11.5 To the extent permitted by law, our total liability in respect of all claims in connection with this agreement and the Protocol (whether based in negligence or any other tort, contract, statutory liability or otherwise) will be the total sum of all fees paid or payable by you under this agreement up until and including the date the cause of action accrued.

11.6 The limitation of liability set out in these Terms of Use does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


12. Indemnity

12.1 You agree to indemnify and keep us, our employees, agents and subcontractors, indemnified from and against any claims and all losses, expenses, damages and costs (including reasonable legal fees incurred on a solicitor/client basis) suffered or incurred by us, our employees, agents and subcontractors, or any third party, which arises as a result of your breach of these Terms and Conditions, or Terms of Use.

12.2 You agree to indemnity and hold us, our employees, agents and subcontractors, harmless against all demands, claims, causes of action, interest and costs which we, our employees, agents and subcontractors, may suffer as a result of your negligent actions and omissions.

12.3 You agree to indemnity us and our employees, agents and subcontractors, against all liability for loss, costs, damages, interest and expenses (including all legal costs incurred by us on a full indemnity basis) which may be paid, suffered or incurred by us, our employees, agents and subcontractors, in connection with any proceedings commenced by any person against us in any way relating to your conduct.  Any such amounts will be payable by you on demand by us.


13. Intellectual Property

13.1 Unless otherwise indicated, the Protocol (including but not limited to its content, materials, recipes, text, graphics, logos, icons, sound recordings, video, software and advertisements) is owned or licensed by us.

13.1 We grant you a personal, limited, revocable, non-exclusive and non-transferable licence to access, view, listen to, use the Protocol solely for your personal, non-commercial purposes and only for those purposes. No part of the Protocol may be reproduced, reused, re-transmitted, adapted, published, broadcast or distributed without our prior written permission. You must not:

13.1.1  Share the Protocol, or any part of it, with any other persons;

13.1.2 Publish or post any of the Protocol’s content anywhere e.g. the internet, magazines, radio, other websites or social media pages;

13.1.3 Use the Protocol to describe, market, endorse or promote any goods or services (including but not limited to goods and services such as meal plans and personal training services); and

13.1.4 Register or maintain any social media pages or websites that misrepresent or are reasonably likely to misrepresent any affiliation with, or endorsement by, us or Natalie Woodman.

13.2 Despite anything in the preceding clause, you can share information which is publicly available on the Natalie Woodman Facebook page, so long as in our opinion you do not bring the reputation of Natalie Woodman into disrepute.

13.3 To ensure you have received and accessed information we monitor your use of the Protocol, access to opening emails, podcasts and all protocol information to determine if you are meeting the requirements and/or in breach of these Terms of Use. Such monitoring may include:

13.3.1 the frequency and nature of any downloads, forwards, opening of emails; and

13.3.2 the time of access and IP addresses used to access the Protocol and its information.

13.3.3 We may suspend, limit or terminate your access to the Protocol (at our discretion) if we reasonably suspect, based on the results of such monitoring, that you are in breach of these Terms and Conditions.


14. User-Generated Content

14.1 You may post information, photos, content, and/or upload materials to the Natalie Woodman Facebook page or GRP FB Support Group (User Content). We have the right, but not the obligation, to monitor and review User Content from time to time and we may, at our sole discretion and without prior notice to you, remove or edit any of your User Content for any reason (or for no reason at all).

14.2 Notwithstanding our right to monitor, review and edit any User Content, we are not obliged to do so. We accept no responsibility or liability for any User Content. In particular, you acknowledge and agree that we do not authorise, condone or endorse any User Content of any other user, and are not responsible for the accuracy, legality or decency of such content. You are solely responsible for verifying the veracity of any claims or statements made in any User Content.

14.3 We are not responsible for how other users may use your User Content. You should take care before posting anything sensitive or personal about yourself to any part of the Natalie Woodman Facebook page that is accessible to the public or other users of the Protocol.

14.4 Some User Content may refer to events or activities that are organised by other users of the Protocol. We are not responsible for organizing these events and activities, and do not authorize or endorse them. You are solely responsible for determining whether to participate in these events and activities, at your own risk.

14.5 You are legally responsible for all User Content you submit.


15. Payment, Refunds and Rebates

15.1 All fees are non-refundable should you withdraw/cancel/suspend/from the Gut Rebalancing Protocol. 

15.2 Health Rebates (Australia only) may apply for the One-on-One consultations with Natalie Woodman Clinic for those carrying appropriate levels of cover and whose Private Health Care provider recognizes. Practitioner only products and Protocol does not usually attract a rebate – however your personal private coverage may include it. Should you wish to have a receipt provided for such please email us a request.


16. Membership and Subscription

16.1 The person who purchased the Protocol is known as ‘You’, ‘Your’, ‘I’, ‘Client’, ‘Patient’, ‘Member’, ‘Main Member’, for the purposes of membership.

16.2 Only Protocol Members are able to ask a question in the group – these cannot be of a personal ‘health’ nature as we cannot give safe and efficacious advice without gathering substantial information through either a Health Chat or Full Consult.

16.3 If you have a question already addressed either in the ‘Guidelines’ or ‘Gut Health Library’ or ‘Podcasts’ or in the ‘GRP FB Support Group’ you will be referred to it in answer to your question. Please don’t think of this as ‘brushing you off” – it is just a matter of ‘time’ and spending time in adding content to support your health journey.

16.4 GRP FB Support Group is not a place for you to offer medical advice or receive medical advice. Any such comment(s) will be deleted.

16.5  You understand you are part of a team. Please acknowledge other member’s posts.

16.6 From time to time, you may encounter opinions that are different from yours. Please be respectful.

16.7 You may not advertise your products, services, blogs etc. in the GRP FB Support Group, Website or Facebook pages or other Social Media sites of Natalie Woodman.

16.8 You should immediately seek medical attention if there are any unanticipated changes to your physical or mental condition at any time. 

16.9 Information and discussion in the GRP FB Support Group  is not intended to be used as medical advice nor to diagnose, treat, cure or prevent any medical or mental health condition. 

16.10 To help balance the needs, safety, and interests of participants in the GRP FB Support Group it may be necessary to remove content from time to time.

16.11 Before sharing any content INTO the GRP FB Support Group please be sure you have the right to do so. We ask that you respect copyrights, trademarks, and other legal rights.

16.12 You must not share the identity of any other participant in this group to anyone else. Your membership will be immediately terminated if you do so.

16.13 You cannot publish, copy, take a screen shot, share or post any of the protocol’s content or this groups’ information, comments, posts, pictures, discussions etc. anywhere or with anyone. Your membership will be immediately terminated if you do so and we may take legal action against you.

16.14 By undertaking the Protocol, you agree to sharing your story/journey for the purposes of encouraging others to follow the same health journey (marketing and promotion for the Gut Rebalancing Protocol). First name and/or Initials and Age only is used.

16.15 As the period of your membership is nearing expiry you will be offered an Alumni membership.


17. Subscription Payment and Terms

17.1 Should you subscribe to the GRP FB Support Group membership subscription you shall pay Membership Fees monthly in the amount set out in the Subscription using PayPal or Credit Card method before the expiry date/time (midnight on the ‘last day’).

17.2 You must ensure that the nominated credit card or account is able to accept direct debits and have sufficient funds available to pay for the monthly debit date and acknowledges that Natalie Woodman (Mazami Pty Ltd) shall continue to debit Membership Fees under the direct debit authority until you or Natalie Woodman (Mazami Pty Ltd) cancels the direct debit arrangement with your account or credit provider.

17.4 If any payment is rejected we will notify you of this fact;

17.4.1 The rejected payments remain due and payable by you the Member;

17.4.2 An additional administration fee of $10 will be payable for each rejected payment and;

17.4.3 The Member’s membership benefits will be suspended until such time that the payment has been made.

17.5 Natalie Woodman (Mazami Pty Ltd) reserves the right to increase fees payable by members for access to the group. Members will be provided with written notice of the changes at email address provided by the Member. The changes will be effective 30 days from the date of the Notice and the member will have the opportunity to cancel their membership. After a 30-day notification period, the member automatically authorizes Natalie Woodman (Mazami Pty Ltd) to direct debit new amount from the member’s account on the next renewal, and not before.

17.6 During the term of the subscription you shall be entitled to access to the GRP FB Support Group.

17.7 Membership is not transferable.

17.8 You may terminate this Contract anytime before your next payment is due without penalty. You will be removed from the GRP FB Support Group on the date that the next payment would have been due.

17.9 You breach this membership/subscription contract if:

17.9.1 You fail to pay any amounts owing under this Contract on the due date for payment and the amount remains unpaid for a period of 7 days;

17.9.2 You are or become bankrupt; or

17.9.3 You breach any other terms or conditions of this Contract and this breach is not rectified within 14 days.

17.10 The terms and conditions herein apply to Alumni members.

17.11 If you breach the Contract, or the Terms of Use and Terms and Conditions herein,  Natalie Woodman (Mazami Pty Ltd). may do any one or more of the following:

17.11.1 Remove you from the GRP FB Support Groupc for a period of up to 14 days until the breach is rectified;

17.11.2 Terminate this Contract by serving written notice on the you and blocking you from the GRP FB Support Group.

17.11.3 Proceed with legal action to recover outstanding payments, or invoices unpaid.


18. Fair Usage Policy

18.1 Our Fair Use Policy applies to Services which are stated to be subject to the Fair Use and Unreasonable Use Policy for GRP FB Support Group Membership.

18.2 We reserve the right to vary the terms of this Fair Use and Unreasonable Use Policy from time to time.

18.3 It is unreasonable use of a Fair Use Service where your use of the service is reasonably considered by us to be fraudulent; involve a non-ordinary use; cause significant congestion, menace other users, harass or injure any member, usage in connection with an infringement or committing an offence against any law, standard or code or disrupt use or cause concern for other members.

18.4 If we reasonably consider your use of the Fair Use Services is unreasonable, we may, at our sole discretion, without telling you before we do so; suspend or limit the Service (or any feature of it) and/or terminate the service in accordance with our Agreement with you.


19. Foreseeable injury, risks and non-compliance

19.1 Natalie Woodman’s Clinic has a duty of care to protect you from foreseeable injury arising from your course of action with the Protocol a disclosed by you either through the GRP FB Support Group, by email, or during an appointment.  

19.2 The clinic has an obligation to ensure that you are taking every measure to ensure you are not harming yourself, worsening a condition and taking undue risks to your health. 

19.3 The clinic is also required under occupational health and safety law to provide and maintain an environment that is safe and without risks to health and other clients.

19.4 By undertaking the Protocol, you agree to be personally bound by the Terms of Use.


20. Suspension 

20.1 We may suspend your membership in the GRP FB Support Group if you do not adhere to the Terms of Use herein.


21. Variation

21.1 You agree to be bound by the latest version of the Terms of Use. We may vary, amend or add to these Terms of Use at any time.


22. Privacy Policy and Personal Information Collection Notice

22.1. In registering for access or using the Protocol, or any services provided by Natalie Woodman, the Clinic, or Natalie Woodman Website, you may be required to give us certain personal information in which you have certain rights. Personal information relating to you which we collect, use and disclose may include sensitive information, such as information about your health, your details related to how you pay for our services, your age, height and weight. 

22.2 Natalie Woodman’s Clinic policies protect your privacy and personal information and complies with all state and federal legislation and National Privacy Principles contained in the Commonwealth Privacy Act. The clinic may, from time to time, review and update this Privacy Policy to take account of new laws and technology. As part of the Clinic providing health services to you, and entering into a patient/health professional relationship with Natalie Woodman, it is essential to collect and record both your personal and health information. With consent, the Clinic will collect, use and disclose this information for the following purposes:

22.2.1 Case Management.

22.2.2 Quality assurance, complaint-handling planning and accreditation compliance.

22.2.3 Management, funding and monitoring of our health service.

22.2.4 Referral to another health care provider.

22.2.5 To meet our obligations of notification to our insurers.

22.2.6 To prevent or lessen a serious threat to an individual’s life, health or safety.

22.2.7 In response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of Australia when we have a good-faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards.

22.2.8 When we have a good-faith belief it is necessary to: detect, prevent and address fraud, unauthorized use of our protocols and treatment plans, violations of our terms or policies, or other harmful or illegal activity; to protect ourselves (including our rights, property or products), you or others, including as part of investigations or regulatory inquiries; or to prevent death or imminent bodily harm.

22.3.9 Anyone you authorise the Clinic to disclose information to (requested in writing).

22.3 We collect information, content and communications and other information you provide us when you access the clinic’s information, products and services. Due to the volume of information (patient files, emails, correspondence) we are required to store, the clinic uses an external secure and private server. We use a secure email service to provide the Protocol and treatment plans and when emailing you your IP address is stored. We use the information we have to verify your account and activity, combat harmful conduct, detect and prevent spam and other bad experiences, maintain the integrity of our service, and promote safety and security. For example, we use data we have to investigate suspicious activity or violations of our copyrighted material(s). We don’t sell any of your information to anyone, and we never will.

22.4 You have the right to check what information we hold about you. Under the Commonwealth Privacy Act and the Health Records and Information Privacy Act, an individual has the right to obtain access to any personal information which the Clinic holds about them and to advise the Clinic of any perceived inaccuracy. There are some exceptions to this right set out in the applicable legislation. To make a request to access any information the Clinic holds about you, please contact the Clinic in writing. The Clinic will require you to verify your identity and specify what information you require. 

22.5 We collect, use and disclose your personal information for the reasons set out in our Privacy Policy. We usually disclose personal information that we collect on a confidential basis to our contractors and service providers (including financial service providers) so that they can provide services to us (so that we may provide services to you). Unless you ask us not to, we may also use your personal information to send updated information and other promotional material to you.

22.6 We collect, hold and use your personal information for a number of purposes, including to assist us in providing the Protocol to you and to give you the best possible service; contact you or respond to your queries; display, update and maintain the content on the Website; send information about future events, regular email communications or newsletters (both electronic and hardcopy) outlining news, services or events; advertise our services and the Protocol (however, we will seek your consent before we use your photograph publicly for this purpose); for our internal administrative, marketing and planning requirements; to compile and report statistics.

22.7 You consent to your personal information being used and/or disclosed for any reasons given to you by us (at the time of collection) in relation to the use and disclosure of your personal information, including the reasons set out in our Privacy Policy. You also consent to us using and disclosing information about your age, name, height and weight for the purposes of displaying your User Content, publicly profiling your results on the Website, the Natalie Woodman Facebook page or Social Media accounts, displaying the results of competitions, promoting the service and encouraging other members as well as to financial service providers to allow processing of your payments.

22.8 The Privacy Policy document contains information about how you may access personal information that we hold about you, and how you may notify us about a breach of the privacy laws.

22.9 We will NEVER give or sell any personal information to a third party.

22.10 Payments for your order are processed through PayPal so we do not have access to your financial information. All financial information is securely held by PayPal.


23. Severance & Termination

23.1 We may in our sole and absolute discretion refuse registration or suspend or terminate the Protocol at any time and for any reason.

23.2 If a provision of these terms is void, illegal or unenforceable, it may be severed without affecting the enforceability of the other terms.


24. Survival

24.1 The terms underneath the following headings survive the termination and expiry of this agreement: “limitation of liability”, “indemnity”, intellectual property” and “user-generated content”.


25. Governing Law & Jurisdiction

25.1 This Agreement is governed by the law of the Western Australia, Australia, and you and us submit to the non-exclusive jurisdiction of the courts of that State.


26. Dispute Resolution

26.1 If a dispute arises out of, or relates to the Terms of Use of the Protocol (including any dispute as to breach, cancellation, suspension or termination of the Terms of Use/Terms and Conditions of the Protocol or as to any claim in tort, in equity or pursuant to any statute) , neither party may commence any court or arbitration proceedings relating to the dispute unless they have followed the steps outlined herein (except where either party may seek urgent interlocutory relief).

26.2 The party claiming that a dispute has arisen under or in relation to the Terms of Use or Protocol must give written notice to the other party specifying the nature of the dispute addressing the CLAUSE within these Terms and Conditions, which they are disputing.

26.3 On receipt of the notice referred to that clause by that party, both parties must endeavour to other resolve the dispute expeditiously using informal dispute resolution techniques such as mediation, expert evaluation, or determination or similar techniques agreed by them.

26.4 If the parties do not agree within seven days of receipt of the notice (or such further period as agreed in writing by them) as to:

26.4.1 The dispute resolution technique and procedures to be adopted;

26.4.2 The timetable for all steps in those procedures; and

26.4.3 The selection and compensation of the independent person required for such technique, then they must mediate the dispute in accordance with the mediation rules of the recognised professional association for solicitors in the State of Western Australia.

26.5 The president of this professional association or the president’s nominee will select the mediator and determine the mediator’s remuneration.

26.6 If the mediation referred to above is not completed within four weeks of reference to a mediator either party may commence any court or arbitration proceedings relating to the dispute as they see fit.

26.7 The costs of the mediation will be borne equally by the parties.


27. General

27.1 These Terms of Use constitute the entire agreement between you and us and governs your use of the Protocol and supersedes any prior version of these Terms of Use between you and us with respect to the Protocol.

27.2 Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance, and the same shall be and remain in full force and effect.

27.3 In these Terms of Use references to the parties is to be read as references to or including, as appropriate, their respective successors, transferees and assigns as well as employees, partners, agents and related bodies corporate.

27.4 If a provision, or part of a provision, of these Terms of Use are void or voidable that provision is servable, and the remainder of this Agreement has full fare and effect.

27.5 You must not assign any of your obligations under the Terms of Use without our prior written approval. We may assign our obligations under the Terms of Use without prior notice to you.