Terms of Website Use, Equality and Diversity and Privacy Policies
The following words shall have the following meanings in these terms and conditions as well any other policies or terms and conditions governing our website.
an individual who browses our site;
a user or a subscriber
INFORMATION ABOUT US
www.promediate.com is a website operated by ProMediate (UK) Limited (“We”). We are a private limited company registered in England and Wales under company number 09328473 and we have our registered Office at Brow Farm Top Road Frodsham WA6 6SP.
ACCESSING OUR SITE
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us or our partners.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
You shall not use our site, systems, network, or any of our services:
1.in any way that breaches any applicable local, national or international law or regulation;
2.in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
4.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You agree not to reproduce, duplicate, copy or re-sell any part of our website.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any text contained on page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You may not download or stream any podcasts, videos or other similar materials other than for your own personal use.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We do not carry out background checks on any contributors of material to the site or verify any of the information they provide to us and we therefore disclaim all liability and responsibility which may arise from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
1.All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
2.Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; or
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
LINKING TO OUR SITE
You may link to pages on our site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, endorsement or membership of our consumer mediation schemes on our part where none exists.
You must not establish a link from any website that is not owned by you.
If you wish to make any use of material on our site other than that set out above, please address your request to email@example.com.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by others, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
SUSPENSION AND TERMINATION
Failure to comply with the Content Standards or any other material breach of these terms and conditions may result in our taking all or any of the following actions:
1.remove infringing Content from our website without notice to you;
2.immediate, temporary or permanent withdrawal of your right to use our site;
3.immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
4.issue a warning to you;
5.take legal action against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
6.disclose such information to law enforcement authorities or other regulatory authorities as we reasonably feel is necessary;
Responses described in this section are not limited, and we may take any other action we reasonably deem appropriate.
If we receive any take down notices in respect of copyright infringing content, we reserve the right to remove such content without notice to you, irrespective of whether such take down notice is valid.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
ProMediate, Click2Resolve and Click2Mediate are trade marks of ProMediate (UK) Limited.
If you have any concerns about material which appears on our site, please contact firstname.lastname@example.org
Thank you for visiting our site.
The purpose of this policy is to explain how ProMediate and Click2Resolve and Click2Mediate trading as ProMediate (UK) Limited collects, protects, and uses personal data. ProMediate is committed to ensuring that any personal data supplied by its Clients or is otherwise generated by its business activities is collected and processed fairly and lawfully.
- What Types Of Personal Data Does ProMediate Collect?
ProMediate needs certain personal data to enable it to provide its mediation/ADR and mediation/ADR training services to its business and consumer clients. The personal data collected will generally include: company name, individual contact names (first and last name) and job titles for advice, mediation service provision, and billing, postal address, telephone and fax numbers, e-mail addresses plus details of any complaint and the trader/business’ response as well as any report produced to assist with the ADR process.
Access to personal data that is generated over the Network utilised by ProMediate include IP and email addresses for incoming and outgoing data and network usage data. In certain circumstances ProMediate may also collect information about organisations ProMediate considers may be interested in ProMediate’s mediation or training services.
- How Does ProMediate Obtain Personal Data
ProMediate obtains personal data in a number of ways including from orders placed by Clients, enquiries regarding mediation services or mediation training services or complaints about traders/businesses notified and responses received from traders/businesses under the ADR Regulations 2015, or notification from the EU Online Dispute Resolution Platform (whether by telephone or email or by application form); from enquiries made by existing Clients and potential Clients, (including information gathered at marketing events and via the website)
4. How Does ProMediate Use The Personal Data It Holds?
4.1 Providing and Improving the ProMediate Service
Most of ProMediate’s use of personal data is necessary to enable it to provide a service to its Clients, including order processing, complaint handling and delivery of its mediation dispute resolution services or mediation training services, as well as for invoicing and in order to answer general Client and public enquiries. ProMediate may also need to share data when required with the Gambling Commission or Chartered Trading Standards Institute (or any other Competent Authority under the ADR Regulations 2015) to comply with its obligations as an ADR Provider under the ADR Regulations 2015 such as reporting to them as to trends and consumer complaints about businesses/traders, or time periods for resolving disputes, or if specific queries are raised with those organisations by clients or public enquiries.
In addition, ProMediate may also use personal data to improve on the level and type of service it offers to its Clients. As part of this interest in improving the service provided, ProMediate may process personal data for the purposes of sales analysis and Client usage statistics, or time periods in resolving disputes.
4.2 Direct Marketing
ProMediate may from time to time inform its Clients, and potential Clients about ProMediate’s products and services and other ADR/Mediation/dispute resolution information ProMediate feels may be of interest.
Clients and other recipients of information from ProMediate may indicate at the time they first place an order whether or not they wish to receive such information or at any later time by simply updating their details by emailing email@example.com, as indicated in paragraph 9 below.
4.3 Third Party Marketing
ProMediate will use first party cookies (such as Google Analytics cookie) and third party cookies (such as Double click cookie) together to report on how ProMediate use ad impressions, other uses of ad services and interactions with ad impressions and ad services for visits related to the ProMediate site, in addition to data or third party audience data in relation to age, gender and interests.
Clients also have the option to opt out of Google’s use of Doubleclick’s by visiting the Google Doubleclick opt out page.
Does ProMediate Transfer Personal Data Overseas?
As ProMediate is to be part of and have access to the EU ADR Portal it may be necessary for ProMediate to transfer and process personal data outside the country in which the personal data is collected. This will include transfers to the EU Portal and EU member states ADR organisations. Prior to making any such transfer ProMediate will put in place security procedures and firewalls designed to prevent unauthorised use of or access to personal data.
- To Whom Does ProMediate Disclose Personal Data?
ProMediate will pass personal data within its internal departments and to its ADR Officials in order to fulfil sales and support obligations as well as to finance departments to enable invoicing.
As a general rule, ProMediate does not disclose personal data to unaffiliated third parties except where Client consent has been obtained, where ProMediate is under an obligation by law to disclose personal data or if required by a Competent Authority pursuant to the ADR Regulations 2015, or where ProMediate has contracted with third parties to assist in providing services to Clients such as for mediation services or mediation training services.
- How Does ProMediate Protect the Personal Data it Holds?
ProMediate takes Client confidentiality and security very seriously. ProMediate has implemented appropriate internal security procedures that restrict access to and disclosure of personal data within ProMediate. These procedures will be reviewed from time to time to determine whether they are being complied with and are effective.
ProMediate will not use any of the Client’s sensitive information about the site or app whilst collecting data for the purpose of remarketing. Sensitive data includes:
- interest or participation in adult activities (including alcohol, gambling, adult dating, pornography, etc.)
- sexual behaviour or orientation
- racial or ethnic information
- political affiliation
- trade union membership or affiliation
- religion or religious belief
- negative financial status or situation
- health or medical information
- status as a child under 13
- the commission or alleged commission of any crime
ProMediate will also actively investigate and cooperate with law enforcement agencies any allegations of abuse or violation of system or network security as set out in the applicable ProMediate Acceptable Use Policy
Information and Data Retention Policy
ProMediate will only retain clients’ personal data obtained for purposes of providing ADR/ Mediation services or ADR/Mediation training services for so long as it is reasonably required in order to deal with the clients’ case or enquiry and a final outcome of the process is notified to the client, or their enquiry has been dealt with, or training has been completed and will thereafter be deleted within a maximum of 6 years in all cases except cases involving complaints regarding gambling operators where all data will be deleted within 3 months, unless the client has requested to be added to ProMediate’s newsletter email distribution list. If an individual has requested to be added to the newsletter email distribution list, their data will be retained for the purpose of sending out the newsletter to them by email unless they indicate otherwise.
ProMediate will retain panel mediators’ personal data for so long as the panel mediator remains a member of ProMediate’s panel and thereafter upon a panel member ceasing to be a panel member any personal data will be deleted within 3 months.
The law in certain jurisdictions (including countries within the European Economic Area) gives individuals whose personal data is held by ProMediate specific rights to access and rectify personal data held about them. These include the right to:
-obtain from ProMediate, for a prescribed fee, confirmation that personal data is held, as well as a written description of such personal data, the purpose(s) for which it is being used, the source(s) of the personal data and details of any recipients;
-request the deletion or rectification of personal data which is inaccurate; and inaccurate; and
-as explained in paragraph 4.2 above to object to any unsolicited information sent by ProMediate regarding promotions or new products and services. To opt out of any marketing or update your preferences, you can do so with our opt-out page.
- Contact Details
If any individual wishes to contact ProMediate regarding the personal data held about them or has any other question about ProMediate’s data privacy procedures, they should direct an email to firstname.lastname@example.org or send a letter to “ProMediate Client Services Department” the registered office
- Policy Updates
As part of ProMediate’s commitment to compliance with data privacy requirements, and to reflect changes in ProMediate’s operating procedures, ProMediate may update the terms of this policy from time to time.
ProMediate Equality and Diversity Policy
ProMediate complies with the requirements set out in legislation in relation to discrimination. This applies to our dealings with employees, clients and third parties.
1. ProMediate is committed to promoting equality and diversity in its own policies, practices and procedures as well as in those areas in which it has influence. All members of the organisation (which in this policy shall include employees and any self-employed person engaged by the organisation) will be informed of this policy and will be provided with equality and diversity training appropriate to their needs and responsibilities. All those who act on our behalf will be informed of this equality and diversity policy and will be expected to pay due regard to it when conducting business on our behalf. In all our dealings, including those with suppliers, contractors and recruitment agencies, we will seek to promote the principles of equality and diversity. We will make every effort to reflect our commitment to equality and diversity in our marketing and communication activities.
2. We will treat everyone equally and with the same attention, courtesy and respect and will not discriminate against any person, nor victimise or harass them on the grounds of their
- race or racial group (including colour, nationality and ethnic or national origins)
- gender (including marital status, civil partnership status, gender reassignment, pregnancy, maternity and paternity)
- sexual orientation
- religion or beliefs
- disability or illness.
3. We will take such steps and make such adjustments as are reasonable in all the circumstances in order to prevent any member of the organisation and clients who may be disabled from being placed at a disadvantage.
4. We will remain free to decide whether to accept instructions from any particular client, but any refusal to act will not be based upon any of the prohibited grounds referred to in paragraph 2. We will take steps to meet the different needs of particular clients arising from our obligations under anti-discrimination legislation.
Implementation and monitoring
5. In implementing our equality and diversity policy, we will comply with current and any future anti-discrimination legislation and any codes of practice relevant to a mediation organisation and any relevant amendments or re-enactments of such legislation and any relevant amendment to such codes or further codes of practice.
6. This policy will be monitored to evaluate its effectiveness and if any changes are required, they will be implemented. The policy will be updated as and when changes in legislation and regulation occur.
7. Every employee and any self-employed person engaged by the organisation will receive a copy of this policy.
8. We will treat seriously and take action where appropriate concerning all complaints of breaches of this policy made by employees, clients, or other third parties. All complaints will be investigated in accordance with our Complaints Procedure.
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ProMediate is certified by CTSI to provide mediation services for consumer/business disputes in the UK. The charges that ProMediate is authorised to raise for each dispute dealt with are as follows:
Cost to businesses:
Value of Goods or Services
Up to £1,000 – £50 plus VAT
– £2,500 – £75 plus VAT
– £5,000 – £100 plus VAT
– £7,500 – £125 plus VAT
– £10,000 – £150 plus VAT
Payment can be made here for individual disputes:
Business Membership fee £100 plus VAT – sign up here……
Cost to Consumers:
Value of Goods or Services
Up to £1,000 – £10 plus VAT
£2,500 – £25 plus VAT
£5,000 – £50 plus VAT
£7,500 – £75 plus VAT
£10,000 – £100 plus VAT
The above charges are based upon 1 hour of mediator time. Disputes above this value can exit the scheme and be dealt with by ProMediate’s general mediation service.
It is a term of the Click2Resolve scheme that the business and consumer must consent to use the service, before instructing us.
Payment by Consumers can be made here……
Mediation Set up Service
If you contact us without first getting the other person or business to agree to use our service, we will contact them to try to obtain their agreement.
In those circumstances we do charge a set up fee for this service. It is sometimes possible to resolve your dispute informally after one or two calls without even booking a mediation appointment!
When we receive an initial enquiry we crack on immediately trying to make contact with the other side in the dispute, emailing info, leaving messages on the telephone and even text messages. Our working hours are never 9-5 and we will often make contact at a time that meets the needs of our clients, evenings and weekends included.
Sometimes one side requires key information before they will agree to mediate. We will often liaise with all concerned to make sure this is shared. Once contact is made there will be further to-ing and fro-ing to set up the appointment, documents sent out and making sure everyone is comfortable with the process.
We charge the following fees for contacting the other party in this way:
Value of Goods or services:
Up to £1,000 – £10 plus VAT
– £2,500 – £25 plus VAT
– £2,500 upwards – £50 plus VAT
If you have already discussed your case with one of our mediators and need to pay your set up fee click below to pay by PayPal (if you need an alternative payment method please contact our office on 01928734630). (click below to make a payment)