1.1 MyLeadPod ABN: 75 608 224 237 provides access to the services, features, applications, and tools related to lead, rewards, referrals distribution, networking and other services (“Services”). Depending on the selected subscription (free or paid), the Services may include, without limitation, registration functionality, purchasing functionality, subscription, lead generation, email delivery, analytics, leads management, reporting, and other related services. Some aspects of the Services may be additional but optional and may also be made available for a fee after the selection of your subscription.
1.2 We may:
- refuse to provide any person or entity with the Services;
- determine which Services are available for resale by Subscribers; and
- offer certain Services for resale only by selected Subscribers.
“Subscriber” means any user that has signed up for the Services (“User”, “You”, “Sender”); Subscription services for Subscribers who are only sending leads are free, however earnings withdrawal fees apply. Subscribers that register to receive leads must subscribe to the paid services.
“Pod Member” means an individual who is a Subscriber (Free or Paid) and has accepted a reward agreement offered by a Paid Subscriber (business rewarding Subscribers for leads);
“End User” means an individual who interacts with the Services as a result of such party’s relationship with or without any connection to you. If you are a Subscriber, an End User can be an individual who subscribes to your Pod that is provided through the Services (also referred to as “Pod Member”, “Service Provider”, “Recipient of the Lead”), or an individual or entity whom you are recording information about (“Lead”);
“End User Information” means personally identifiable information about an End User;
“Accumulated Earnings” means the total amount of Earnings that you have accrued, but not yet withdrawn, as part of using the Services;
“Earnings Withdrawal” means the amount of Earnings that you have selected to withdraw from your Accumulated Earnings and transfer to your nominated bank account;
“Earnings” means any and all financial gain from transactions from subscriptions, rewards, advertising or other applicable services as a direct result of using MyLeadPod services;
“Fees” means any and all financial cost of transactions from subscriptions, transactions, withdrawals, rewards, advertising or other applicable services as a direct result of using the services of MyLeadPod;
“Information” means personally identifiable information;
“Lead” means the information identifying person or entity and their need for services or products passed on from one Subscriber to someone else (who may or may not be Subscriber) via the Services;
“Pod” means the access to the provided Services that have been assigned to you based on your subscription (also referred to as “Services”, “Software”, “Application”, “Program”);
“Recipient Created Tax Invoice” means a tax invoice created by MyLeadPod for one or more Reward Transactions (as defined below), which invoice is for an amount equal to the financial benefit received, which amount shall be GST-inclusive;
“Reward Transaction” means the transaction attracting a financial benefit created and/or generated by a Subscriber to another Subscriber or by use of the selected Services;
“Transaction Fee” means the amount and/or value that will be charged by MyLeadPod on selected transactions;
“Your Content” means all data, information and other details submitted by you in connection with the Services provided under these terms and conditions (also referred to as “Data”);
“Us” or “We” means MyLeadPod Pty Ltd (also referred to as “MyLeadPod”);
3.1 Subject to your compliance with these terms and the law, you may access and use the Services.
3.2 The installation, copying or use of the MyLeadPod program and any other related applications, including mobile device applications, which is fully described on the MyLeadPod’s website (www.myleadpod.com) will constitute your acceptance of the rules and terms of the MyLeadPod program as well as these terms and conditions.
3.3 Subject to your payment of the Fees as set out in clause 4 and your compliance with these terms and conditions, we grant you a non-exclusive and non-transferable license to use the MyLeadPod program.
3.4 Except as expressly permitted by these terms and conditions, you may not lease, loan, resell, sublicense, or otherwise distribute the MyLeadPod program to any other third party, whether a natural person or body corporate.
3.5 If you engage the services of any third parties for data processing, consulting, or other services, you may permit access to, and use of the MyLeadPod program by that third party provided that the third party complies with these terms and conditions and uses the MyLeadPod program solely for the purposes of rendering the engaged services to you.
3.6 Your obligations as a Subscriber using the Services are:
- subject to your compliance with these terms, we grant you a non-exclusive, non-transferable, revocable right for the individuals identified at the time of purchase (“Pod Members”) to access and use the Services for your own business purposes;
- the Pod may only be used for any one (1) business at any time and you are not allowed to use the Pod for any other business than your own or that of your company;
- if we issue you a notice notifying you of any possible infringement of intellectual property, you must, within 5 days:
- remove the Content from your Pod and provide us with written confirmation of such removal; or
- provide us with a written counter-notification;
- we may remove the Content if we do not receive the confirmation or counter-notification within the 5-day period;
- you will obtain any authorisations from End Users necessary for us to provide the Services and to access and process End User Information;
- you agree to receive emails and communications from MyLeadPod as part of the Services;
- you must provide us with accurate and up-to-date business and/or personal data required for the issue of any recipient created tax invoices as part of your Earnings from using this Service;
- you must not directly or indirectly use or permit the use of the Services, to deliver or facilitate unsolicited commercial communications, either via mobile telephone or otherwise;
- in agreeing to these terms, you give us the right to access, use, remove, or delete Content as set forth in these terms and conditions. In any such agreement, you do not have to identify MyLeadPod by name; you may refer to MyLeadPod as your service provider;
- you will promote the Services. However, we are not obligated to provide you with an exclusive license to use re-brandable material to support such marketing efforts; and
- in utilising the Services, you acknowledge clause 12 of these terms and conditions, in that MyLeadPod will not be liable or responsible for any failure in, or delay to, the provision of the Services or products such as notifications and email delivery.
3.7 MyLeadPod reserves the right to include various forms of advertising into Pods at their sole and absolute discretion.
4.1 Service is FREE for Subscribers who are only sending leads. All other subscribers subscribe to paid Services. By using the Service, you agree to pay the Fees that MyLeadPod specifies by publishing on the site or on other materials supplied to you from time to time.
4.2 All Subscribers will be assigned a Pod for their own use. As part of the setup process, Subscribers may opt-in to subscribe to receive leads. Subscription fees will apply on subscribing to paid service at the rate advertised by the other Subscriber as well as subscription fees nominated by MyLeadPod.
4.4 The subscription fee is payable on a monthly or annual basis during the subscription term. The first instalment will become payable on the first day of the term, and each subsequent instalment will be payable on the same day in each subsequent calendar month or year.
4.5 MyLeadPod may require you to provide us with an authorisation to debit the Fees from your credit card or nominated bank account. Upon authorisation, MyLeadPod will automatically debit the Fees. If MyLeadPod does not require direct debit authorisation, then within the last seven (7) days of each calendar month, MyLeadPod will issue you with an invoice for the Fees payable for the upcoming calendar month. You must then pay the Fees by the due date indicated on the invoice.
4.6 If you believe the invoiced Fees are incorrect, you must contact us in writing within sixty (60) days of the applicable due date to be eligible to receive an adjustment or credit at our discretion.
4.7 If you do not notify us of updates to your payment method, we may participate in programs supported by your card provider to update your payment information to avoid interruption of the Services and you authorise us to continue billing your account with the updated information that we so obtain.
Upon successful paid subscription, your regular ongoing billing will commence and if you have chosen not to cancel the subscription, your credit card will continue to be billed each period for the subscription amount.
5.1 As a result of using the Services, you may be entitled to Earnings. Selected financial transactions from subscriptions, rewards or other applicable services may accrue Earnings as described on MyLeadPod’s website.
5.2 You may be able to set your own Fees for other Subscribers to join your Pod. MyLeadPod reserves the right to charge a Transaction Fee at the rate displayed on the set-up page or on the MyLeadPod website. Every Transaction Fee charged for each successful Pod Member monthly subscription is non-refundable under any and all circumstances.
5.3 Certain Subscribers may be eligible to accrue Earnings (payable by MyLeadPod and where permitted by law) at a rate and in the form defined and displayed at the time of the setup. Earnings are accrued on the applicable invoiced amount at the time the invoice is fully paid. Earnings are payable on request by the Subscriber through the Pod when the accrued total exceeds the local currency equivalent according to the amount displayed at the time of withdrawal. Accrued Earnings totalling less than the minimum withdrawal amount displayed at the time are forfeited if these terms and conditions are terminated for any reason. We reserve the right to modify the Transaction Fee, Minimum Withdrawal Amount and Earnings at any time, however any such changes will not affect your already Accumulated Earnings.
5.4 MyLeadPod transactions and Earnings are in Australian dollars.
5.5 Subject to the following conditions, you may withdraw your Earnings from your Pod at any time:
- withdrawal of funds can only be performed when it reaches the minimum amount as shown at the time of withdrawal;
- the Withdrawal Limit can change at any time at MyLeadPod’s sole discretion;
- you will have to manually submit a Withdrawal request and nominate a bank account where Withdrawn earnings will be transferred;
- MyLeadPod will not be responsible for the accuracy of your bank details that you have submitted;
- MyLeadPod will not be responsible for any taxes on your Earnings. It remains your responsibility to pay for all relevant taxes, fees and charges on your Earnings.
- processing of the payments for Earnings Withdrawals may take up to to thirty (30) days from the 1st day of the following calendar month;
- A Recipient Created Tax Invoice will be issued by MyLeadPod for each and every Earnings Withdrawal.
5.6 MyLeadPod reserves the right to change or adjust the Earnings at any time, at our sole and absolute discretion.
5.7 The outcome of any adjustments to the Earnings as per clause 5.3 shall not affect your Accumulated Earnings which will remain unchanged, unless an Earnings Withdrawal has been effected by you.
5.8 MyLeadPod is not responsible for any taxes and/or third party fees that you may use as part of your Earnings. You must pay any applicable taxes, and any applicable third-party fee (including, for example telephone toll charges, mobile carrier fees, ISP charges, data plan charges, credit card fees, foreign exchange fees). We are not responsible for these fees. We may take steps to collect the fees you owe us. You are responsible for all related collection costs and expenses.
6.1 You may deactivate your Subscription at any time. The deactivate option can be found by clicking your name in the top right corner, clicking account option, and clicking the “Deactivate Your Account” option.
6.2 Once you deactivate, you will not be incurring new charges (if you are paid Subscriber). However, you are responsible for any charges that have been made to your credit card prior to deactivation. No pro-rata refunds will be given under any circumstances.
6.3 You can export your data before you deactivate and may contact our support team for assistance on exporting your data. Once you deactivate your account, your account and all data contained within your account will be permanently and irreversibly deleted and you will no longer have access to such.
Limitation of Services
7.1 Certain aspects of the Services may have limitations, which we may alter or improve from time to time in our discretion. We may charge you additional amount in Fees if you exceed such limitations. The limitations of the Services may involve, but are not limited to:
- the number of individuals associated with you who are authorised to use the Services;
- the amount of disk storage space, CPU load, and API calls available to you;
- the amount of incoming traffic to your Pod;
- the number of e-mail marketing broadcasts you may undertake per month on behalf of yourself or a client; and
- the number of SMS messages available to you or a client. Our failure to notify you of excess usage shall not affect your responsibility to pay for it.
7.2 We may impose and enforce limits on payment velocity, that is, the number of transactions per a certain unit of time, and any other feature of the Services. In the event of inappropriate use of the Services, we reserve the right to restrict or block your access to the Services.
7.3 If the Services include e-mail marketing broadcasts, such broadcasts will be undertaken at any time during the date specified for such broadcasts, and may take up to twenty-four (24) hours to deliver starting from the commencement of such broadcasts. Further, we cannot guarantee the delivery of such broadcasts by third-party intermediaries. If the Services include real-time alerts, such alerts will be sent as soon as possible, however we cannot guarantee their delivery by third-party providers and aggregators or other intermediaries.
Terms & Termination
8.1 The MyLeadPod program license granted hereunder is for the subscription period paid by the Subscriber for Fees (Paid Subscription). These terms and conditions imposes no obligation on you to renew the license after the expiry of each license period.
8.2 MyLeadPod may immediately terminate any licenses and services provided hereunder if:
- MyLeadPod notifies you in writing of a breach and such breach is not remedied within thirty (30) days; or
- you make an assignment for the benefit of creditors or proceedings are commenced by or for you under any bankruptcy, insolvency, or debtor’s relief law.
8.3 Termination shall not relieve you from the obligation to pay Fees that remain unpaid and shall not limit either party from pursuing other available remedies.
8.4 Should MyLeadPod terminate their services or any part thereof, MyLeadPod is not obliged to refund to you any fees paid by you or Accumulated Earnings not yet withdrawn, and you agree to waive, any and all claims or rights for refunds.
8.5 The following clauses of these terms and conditions shall survive termination: 4 (Service Fees), 9 (Delinquent Accounts), 14 (Additional Terms) and 15 (Dispute Resolution). We are not liable to you or any third party for any damage that may result or arise out of our termination of your account and/or access to the Services.
8.6 Further to these terms, you acknowledge and agree:
- to release and forever hold harmless MyLeadPod, its affiliates, employees, agents and contractors from and against all actions, suits, proceedings, claims, demands costs, expenses and or damages, at law or in equity, pursuant to contract, tort, statute or otherwise, which but for this clause, You, your affiliates and agents now have or had at any time previously, or might have in the future, whatsoever or howsoever arising in respect to or out of or in connection with anything MyLeadPod, its affiliates, employees or servants do or fail to do in, or in any way connected to these terms and conditions;
- to indemnify and keep indemnified MyLeadPod, affiliates, their employees, agents or contractors from and against all actions, claims, losses, damages, demands, costs and expenses for which they or any of them are or may become liable in respect to or arising directly or indirectly out of or in connection with;
- any failure by you to comply with and observe your obligations under these terms and conditions, or other third party agreement and or any legislation;
- any misuse or infringement of any third party rights, either intellectual or otherwise, by you, your affiliates, agents, employees or contractors; and
- any false or fraudulent claims or misleading information made by you in relation to MyLeadPod or its Services or under these terms and conditions.
- that the releases and indemnities in this subclause are separate and independent which shall survive the expiration or termination of these terms and conditions.
9.1 We reserve the right to disable any Pod or other service features maintained in connection with the Services if any part of the Fees remain outstanding for thirty (30) or more days, which outstanding part accrues interest at a rate of 1.0% per month or the maximum permitted by law, whichever is less.
9.2 MyLeadPod will charge Fees, including but not limited to any other costs associated with recovering any outstanding part of the Fees, to your nominated card or payment method.
9.3 We may impose a reconnection fee if your use of the Services is terminated or suspended and you later request reconnection. We are not liable for any loss or deletion of Content or End User Information in the event that any part of the Fees is outstanding.
9.4 If you are receiving free use of the Services, then we may suspend or terminate your access or use at any time and we may delete Subscriber Content and Pod End User Information associated with such use.
10.1 MyLeadPod remains the sole owner of all right, title, and interest in the Service. We reserve all rights not granted under these terms.
10.2 All intellectual property rights and title to the MyLeadPod program shall remain with MyLeadPod and no interest or ownership therein is conveyed to you. You shall not alter or disassemble the MyLeadPod program except as required to be permitted by law. If you wish to exercise any right to reverse engineer to ensure interoperability in accordance with the law, you shall first provide written notice to MyLeadPod and permit MyLeadPod, at its discretion, to make an offer to provide information and assistance reasonably required to ensure the program’s interoperability with other products for a fee to be mutually agreed upon, if any.
11.1 MyLeadPod warrants that, during the period of the license, the MyLeadPod program will operate substantially in compliance with these terms and conditions as described, referred to and published at any time and from time to time on MyLeadPod’s website.
11.2 Provided that MyLeadPod is notified in writing of the program’s breach of the warranty set forth in this section, MyLeadPod shall, at its discretion:
- repair or replace the defective product, or
- at your sole discretion, deactivate your account as per clause 6 of these terms and conditions.
11.3 This section stipulates your exclusive sole remedy for breach of this limited warranty.
11.4 The above warranty specifically excludes defects resulting from accident, abuse, misapplication or unauthorised repair, modifications, or enhancements to the MyLeadPod program. MyLeadPod does not warrant that use of the MyLeadPod program will be uninterrupted or error tree.
11.5 To the extent permitted by law, the liability of MyLeadPod for any breach of a condition or warranty, implied into these terms and conditions under the Competition and Consumer Act 2010 or any equivalent State or Territory legislation, which cannot be excluded, is limited at MyLeadPod‘s discretion to either repair or replace the MyLeadPod program or the supply of an equivalent program or the repair of the MyLeadPod program used by you and if applicable the supplying of the Services again.
12.1 You acknowledge that MyLeadPod makes no warranties t hat the Services or products will be interrupted or error free.
12.2 You agree that MyLeadPod will not be liable or responsible for any failure in, or delay to, the provision of the Services or products by MyLeadPod complying with its obligations under these terms and conditions where such failure or delay has arisen as a direct or indirect result of:
- fire, earthquake, storm, food, hurricane, inclement weather or other act of God, war, terrorism, explosion, sabotage, industrial accident or an industrial strike;
- denial of service attacks, telecommunications failure, hardware failure or the failure of software provided by a third party to function in accordance with its specifications;
- a significant demand being placed on the Services which is above the usual level of demand and which results in a failure of Software and hardware to function correctly;
- the failure of any third party (including without limitation, any bank or other financial organisation) to fulfil any obligations to MyLeadPod; or
- any other circumstances or event similar to the above which is beyond the reasonable control of MyLeadPod.
12.3 To the maximum extent permitted by law, MyLeadPod or its supplier shall not be liable for any special, incidental, indirect, or consequential damages whatsoever, including, but not limited to, damages for loss of profits or confidential or other information, for business interruption, for personal injury, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever arising out of or in any way related to the use of or inability to use the MyLeadPod program, the provision of or failure to provide support services, or otherwise under or in connection with any provision of this license, even in the event of the fault, tort, including negligence, strict liability, breach of contract or breach of warranty.
You agree to indemnify and shall keep indemnified MyLeadPod against any claim, loss, damage, costs and expenses suffered or incurred by MyLeadPod and any actions, claims and demands which may be made against MyLeadPod by reason of any breach of these terms and conditions by you.
14.1 You retain all rights and ownership of all data, information and other content submitted by you (“User Content”) in connection with the Services provided under these terms and conditions. We do not claim any ownership rights to User Content.
14.2 You will be fully responsible for User Content. You will not submit or permit any third party to submit any Content or use the Services provided under these terms and conditions that may:
- infringe, misappropriate or violate any intellectual property or other rights of any third-party;
- be defamatory, harmful to minors, obscene or child pornographic;
- contains any viruses or programming routines intended to damage the Services or Software, hardware or other technology used to provide the Services or surreptitiously intercept or expropriate any data or information, or
- be false, misleading or inaccurate.
14.3 MyLeadPod and its Third-Party Providers will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up of any part of User Content. MyLeadPod may take remedial action if any of User Content violates clause 14.2, however, are under no obligation to review any of User Content for accuracy or potential liability.
14.4 MyLeadPod will have no responsibility or liability for any User Content or infringing content posted, stored or uploaded on the Site, or for any loss or damage suffered by you or any other person as a result of the Site storing, holding, or making available, any User Content or infringing content to End Users or other members of the public.
14.5 MyLeadPod is under no obligation to review any User Content to determine its accuracy, truthfulness, or whether it is defamatory, slanderous or contains false or misleading information.
15.1 Services provided to you under these terms and conditions include certain services developed, provided or maintained by third-party service providers of MyLeadPod (“Third Party Providers”). Access to or use of any those services (“Third Party Services”) by you is subject to any separate agreement that you may enter into (or may have entered into) relating to those Third Party Services (each, a “Third Party Service Agreement”).
15.2 The terms of any Third Party Service Agreement will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to these terms and conditions. Except as set forth in these terms and conditions, the terms of any Third Party Service Agreement will take precedence in the event of a conflict between these terms and conditions and that Third Party Service Agreement. Each Third Party Provider retains all right, title and interest in and to all Third Party Services and all software, hardware or other technology used to provide those services, and any additions, improvements, updates, and modifications thereto.
15.3 These terms and conditions shall benefit each Third Party Provider in relation to Third Party Services provided by the Third Party Provider and each Third Party Provide shall have all rights necessary to enforce these terms and conditions against you in the case of any breach of these terms and conditions.
15.4 MyLeadPod may receive commissions for Third Party Service providers such as SMS credits and other services.
15.5 You agree that MyLeadPod and its affiliates may collect and use the Content and similar information you provide as part of the services of, associated with, related to the MyLeadPod program. You also agree that MyLeadPod may use information and statistics concerning your use of the MyLeadPod program and that these may be displayed publicly on MyLeadPod’s website and the MyLeadPod program. You also agree that your username on the MyLeadPod program and your listings, sales and commissions may be displayed publicly on MyLeadPod’s website and the MyLeadPod program as part of the rankings of Subscribers.
15.6 These terms and conditions shall be construed, and the legal relations between the parties hereto shall be determined, in accordance with the laws of Western Australia, excluding its conflicts of law principles. The venue for any claims arising under these terms and conditions shall be the courts located in Western Australia and the parties agree to submit to the exclusive personal jurisdiction of such courts.
15.7 You must comply with all applicable local, state, federal and international law and rules in regards to the use of the Services. The applicable law may include those governing the collection, use, disclosure, and retention of personal information; the advertisement of products and services; the sending of commercial email messages, text messages, and other communications; and export and import. If you are a Reseller, you are further responsible for your End User clients’ compliance with applicable law in connection with their use of the Services.
15.8 The parties each respectively acknowledge and agree that any judgment obtained by either party is enforceable in any jurisdiction against the other party where that other party holds assets.
15.9 The parties agree to submit to any enforcement proceedings in any such Court referred to in these terms and conditions without objection.
Except with respect to the obligation to pay Fees when due, no party shall be deemed in default of these terms and conditions because of a delay or failure in performance of its obligations resulting from any cause beyond its reasonable control (“Force Majeure”), and uses reasonable efforts to mitigate the delay or failure.
15.10 If any provision of these terms and conditions is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. Without limiting the generality of the foregoing, the parties agree that clause 12.3 will remain in effect notwithstanding the unenforceability of any other provision of these terms and conditions.
15.11 These terms and conditions and the description of the MyLeadPod program on MyLeadPod’s website constitutes the entire agreement between the parties and supersedes all prior or contemporaneous conditions, agreements, communications or representations, whether oral or written, relating to the subject matter hereof. You acknowledge that you have not relied on any statement or representation by MyLeadPod or its employee or agent when agreeing to these terms and conditions.
15.12 MyLeadPod may modify these terms and conditions that apply to the Services at any time and from time to time at MyLeadPod’s sole discretion, which may include but not be limited to reflect changes to the law or changes to the Services or Software. You should remain updated with these terms and where applicable, we will post notice of any modifications and additions to these terms on MyLeadPod’s website. By continuing to use or access the Services after these terms are modified, you agree to be bound by the modified terms.
15.13 You agree to provide MyLeadPod with Recipient Created Tax Invoices (“RCTI”) for the services provided. MyLeadPod will not issue tax invoices for the services provided. My LeadPod acknowledges that it is registered for GST and that it will notify you if it ceases to be registered. You acknowledge that you are registered for GST and that you will notify MyLeadPod if you cease to be registered. Acceptance of a RCTI constitutes terms of this written agreement. Both parties agree that they are parties to an RCTI agreement outlined in GSTR 2000/10. You agree that you will notify MyLeadPod if you do not wish to accept this agreement.
15.14 These terms and conditions do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. We will not be responsible for failures to fulfil any obligations due to causes beyond its control.
16.1 All disputes arising out of the use of Services shall, in the first instance, be resolved through mutual consultation between the parties in good faith. If such negotiation fails to settle the dispute after a period of no less than thirty (30) days, a party may give the other parties written notice to proceed to mediation.
16.2 Should the parties fail to resolve a dispute within the timeframe and choose to resolve their dispute by mediation as stipulated in the preceding subclause, then:
- any party may refer the dispute to the Australian Commercial Disputes Centre (“ACDC”) to have the dispute resolved by mediation as set out in the ACDC Mediation Guidelines which are deemed to form part of these terms and conditions;
- if the parties fail to agree on a mediator as set out in the ACDC Mediation Guidelines after a period of no less than twenty-one (21) days of the dispute being referred to the ACDC then any Party may ask the mediation advisor appointed under the Code to appoint a mediator within fourteen (14) days;
- the Parties must comply with the ACDC Mediation Guidelines or the mediation procedures established by the agreed or appointed mediator, as the case may be, who will determine the time and venue for mediation at which mediation will take place;
- the Parties or representatives authorised to settle the dispute on their behalf must attend mediation and use their best endeavours to resolve the dispute in good faith; and
- unless the Parties agree otherwise, they shall share the costs of mediation, including but not limited to costs of a mediator, room hire and expert reports, in equal parts but they shall bear their own costs of attending the mediation.
16.3 The Parties shall not commence arbitration or legal proceedings unless their dispute cannot be resolved by mediation after a period of no less than thirty (30) days from the first day on which all Parties have attended mediation. Nothing in this clause denies a Party the right to seek injunctive relief where failure to obtain such relief would result in irreparable damage to that Party.
17.1 Conditions may not be:
- waived except in writing signed by the party granting the waiver; and;
- varied except in writing signed by the parties.
17.1 A failure or delay in exercise, or partial exercise, of a power, right, authority, discretion or remedy arising from a breach of, or default under these terms and conditions does not result in a waiver of that right, power, authority, discretion or remedy.