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Terms of Website Use

These Terms on which we provide access to and use of the AFM Register of Mediators Website (the “Website”).

Please read these Terms carefully and, in particular, clause 6 which concerns the limits of our liability. By using the Website, you confirm your acceptance of these Terms. If you do not accept these Terms, you must not use the Website.

1. ABOUT US

1.1 The Website is run as a collaboration between the following organisations:

a. The Association of Personal Injury Lawyers (APIL) of 3 Alder Court, Rennie Hogg Road Nottingham, NG2 1RX;

b. The Forum of Insurance Lawyers (FOIL) of 1 Esher Close, Basingstoke, Hampshire RG22 6JP; and

c. The Motor Accident Solicitors Society (MASS) of 19-20 St Augustine's Parade, Bristol BS1 4UL

APIL, FOIL and MASS are referred to collectively in these Terms as “us”, “we” and “our”.

1.2 You can contact us with questions about these Terms or the Website by:

1.2.1 writing to 3 Alder Court, Rennie Hogg Road, Nottingham, NG2 1RX or

1.2.2 emailing administrator@afmrehisterofmediators.org.uk

1.3 If you wish to make a complaint about the Website, or any of the mediators featured on it, please follow the complaints procedure set out in clause 11 of these Terms.

2. ABOUT THE WEBSITE

2.1 The Website is provided free of charge as a complimentary membership benefit to members of APIL, FOIL, MASS. These Terms only govern the use of the Website and the material on it by our members, and are separate to and distinct from any other agreement or arrangement between APIL, FOIL, MASS and their respective members. These Terms also govern the use of the Website and the uploading of content to it by mediators.

2.2 The purpose of the Website is to provide our members with access to a Registerof mediators, and information about those mediators. Although we operate the Website and maintain the Register, we do not select the mediators featured on it. The information provided about each mediator has been uploaded by or on behalf of that individual mediator, and we do not verify or actively moderate and edit any information on the Website.

2.3 If you choose to instruct a mediator identified using the Website, you will be entering into a separate agreement with that mediator. Neither APIL, FOIL or MASS will be party to any mediation agreement nor have any liability or responsibility in relation to it.

3. ACCESSING THE WEBSITE

3.1 Access to the Website is provided by way of a confidential internet link. The Website is only intended for use by our Members and is not for use by the general public. The internet link you receive must not be passed on or otherwise disclosed to any third party (including, but not limited to, your clients). If you become aware of any unauthorised access to the Website you must notify us immediately. We reserve the right to change the Website address at any time in the event its confidentiality is compromised. If you know or suspect that anyone is accessing the Website who is not a member authorised to do so, then you must notify us immediately by emailing administrator@afmregisterofmediators.org.uk .

3.2 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period and the unavailability, suspension or termination of the Website will not entitle you to any compensation or to any right or remedy under your membership agreement with APIL, FOIL or MASS (as applicable).

3.3 We do not guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software.

4. THE REGISTER OF MEDIATORS

4.1 The inclusion of a mediator on the Website’s register is not an endorsement of that mediator or an assurance, warranty or guarantee in relation to the services that mediator provides.

4.2 The content on the Website is provided for general information only and is intended for use by legal professionals. It is not intended to amount to advice on which you should rely and you are responsible for carrying out your own research and due diligence on any mediator before engaging him or her.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 We are either the owner or the licensee of all intellectual property rights in the Website and the material published on it (including any database rights in the Registerof mediators). Those works are protected by laws and all rights are reserved.

5.2 Our members may print, download, copy and distribute information regarding one or more individual mediators, as is necessary for the actual or prospective use of such mediators’ services by the member’s client, provided always that the “AFM Register of Mediators” is credited as the source of such information. Any other use or distribution of information from the Website is prohibited without our express written permission.

6. LIMITATION OF OUR LIABILITY

6.1 Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

6.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

6.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with any of the following:

6.3.1 use of, or inability to use, the Website;

6.3.2 use of, or reliance on any content displayed on the Website;

6.3.3 any loss of profit; or

6.3.4 loss of or interruption to your business or any business opportunity.

6.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

6.5 We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

7. UPLOADING INFORMATION TO THE REGISTER

7.1 If you are a mediator who uploads content to the Website you shall retain all intellectual property rights in such content, but you shall grant us and our members a licence to use, store and copy that content and to distribute and make it available to third parties on these Terms. You also permit us to edit, amend or delete information in order to ensure its compatibility with the Website and compliance with these Terms. You acknowledge that we have no direct control over the actions of our members or other any third party, and that we shall have no liability or responsibility for any infringement of your intellectual property rights by such persons.

7.2 We have the right to disclose the identity of a mediator to any third party which claims the content uploaded by such mediator violates the rights of that third party (including intellectual property rights and privacy rights) or is defamatory.

7.3 Any content uploaded to the Website should be considered as being publicly available and any mediator who uploads content agrees such content is neither confidential nor private.

7.4 We have the right to refuse to publish content which has been uploaded by a mediator, and may also remove any content from the Website immediately and without notice.

7.5 If you are a mediator uploading content to the Website, you must ensure such content is relevant, accurate, honest and not misleading. You shall not upload any content which is (or which could reasonably be considered to) be defamatory, obscene, offensive, hateful, inflammatory, deceptive, unlawful, discriminatory, threatening or abusive. You must also ensure that you have the right to upload any content you provide and that its inclusion on the Website will not breach any legal or contractual duty, or infringe any copyright, database right or trade mark or any other third party right.

7.6 We shall only publish content if it meets our criteria and once the appropriate fee has been paid. We shall have no liability to refund any fees paid by a mediator if we refuse to publish, or choose to remove, content as a result of a breach of these Terms by such mediator.

8. CONCERNS ABOUT CONTENT

8.1 Information contained within the Website’s register of mediators has been uploaded by the mediators themselves. This information has not been verified or approved by us, and does not represent us or our views and we do not warrant that such information is accurate, complete or up to date. If you have concerns over any information featured on the Website (including that it may be inaccurate, misleading, defamatory or infringe an intellectual property right or other third party right) please contact us by emailing administrator@afmregisterofmediators.co.uk, including details of your concerns. We will then investigate and, if appropriate, suspend or remove the content in question.

9. LINKING TO THE WEBSITE

You must not establish a link to the Website without our express written permission. If such permission is granted it shall be revocable and you may not link to the Website in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10. APPLICABLE LAW

These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction to resolve any claim or dispute which arises in relation to them.

11. COMPLAINTS PROCEDURE

11.1 If you have a complaint about the Website or any of the content on the website, you can contact us by emailing administrator@registerofmediators.org.uk, writing to 3 Alder Court, Rennie Hogg Road, Nottingham NG2 1RX or telephoning 0115 043 5400.We will send you a form to complete in which you can outline your complaint.

11.2 Although we operate the Website and maintain the register of mediators, we do not regulate the individual mediators themselves. If your complaint relates to the performance or conduct of an individual mediator, you should contact that mediator’s regulator and/or the dispute resolution service he or she works with.

12. DATA PROTECTION

12.1 Any personal information you provide will be subject to our Privacy Policy, which sets out how and why we process personal data.

13. CHANGES TO THESE TERMS

13.1 We may revise these Terms at any time by amending this page. We recommend you check this page from time to time to take notice of any changes, as they are binding on you.

13.2 These Terms were last updated on 09 January 2018.





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