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1.1 These Conditions and Conditions govern the Rosario Indie Ltd (RI Centre) Services and lay forth the terms of our partnership with you (Agreement).
1.2 Prior to utilising our Services, it is essential that you comprehend the following terms and conditions.
2.1 Unless otherwise required by the context, the following terms and phrases should have the following meanings:
ADMINISTRATION FEE refers to a fee charged by the RI Centre when a claim, dispute, or other matter the subject of any Service provided or administered by the RI Centre is withdrawn or ended or otherwise resolved between both the Parties after receipt of an Application to nominate or appoint a RI Provider, Arbitrator, Mediator, Kid Inclusion Specialist, Counsellor, or Dispute and Interaction Coach, and prior to the Service being fully performed by that person.
APPLICATION refers to any written or electronic application filed to the RI Centre for the appointment of a RI Provider or any mediation, arbitration, child inclusiveness mediation, arb-med, counselling, or conflict and communication coaching services pertaining to a family dispute.
The term ARBITRATION refers to a private formal dispute resolution procedure in which two or more parties agree to submit all or specific issues to an independent person known as an arbitrator for a legally enforceable judgement.
This term refers to the RI Centre Trust Account.
The term CHILD INCLUSION SPECIALIST refers to a skilled and experienced expert in child inclusive practise.
DISPUTE AND COMMUNICATION COACH refers to a person who assists Parties in understanding how and why conflict originates and motivates them to acquire skills that enhance the efficacy of communications and the capacity to manage and resolve conflict.
The term COUNSELOR refers to a person who assists Parties in comprehending what is occurring in their lives and relationships, and who encourages them to find their own way through their own challenges and restore confidence.
EXPENSES refers to the actual expenditures for the RI Service, including, but not limited to, travel, lodging, meals, taxis, couriers, personal vehicle mileage charges, communication, secretarial and administrative services, meeting room rental, court reporting services, speech processing, interpreters, expert or legal advice, and any other reasonable costs associated with the performance of the Service.
A FAMILY Conflict is a dispute that requires an application mentioned in section 46F(1) of the Care of Children Act of 2004 if a party wants a court to decide the dispute.
FAMILY DISPUTE RESOLUTION (RI) refers to family dispute resolution provided by a family dispute resolution provider for the purposes of assisting parties to a family dispute to resolve the dispute without having to pursue court hearings and ensuring that the welfare and best interests of the children are the parties’ first and foremost consideration in reaching a resolution.
FAMILY DISPUTE RESOLUTION PROVIDER (RI Provider) refers to a person appointed by the RI Centre in line with the Family Dispute Resolution Act 2013 to provide RI mediation services.
FEES refers to any amount due and payable by the Parties to the RI Centre for any Dispute Resolution Service provided by the RI Centre, and includes the fees and expenses of any RI Provider, Mediator, Child Inclusion Specialist, Arbitrator, Consultant, or Conflict and Communication Coach, as well as any Administration or outstanding Balances due and payable in accordance with these Terms and Conditions, or generally.
FEES AND EXPENSES SCHEDULE refers to any Schedule of Fees and Expenses attached to and comprising any Family Dispute Resolution Service Agreement Rules or Protocol published on the Website.
FORCE MAJEURE EVENT refers to any act or event beyond the RI Centre’s reasonable control or foresight, including, but not limited to, industrial disputes, strikes, go-slow, missteps of any utility service or supplier, act of God, war, riot, civil commotion, compliance with law, change in law, breakdown of plant or machinery, fire, explosion, flood, storm, earthquake, tsunami, default of any supplier or subcontractor acting independently of the RI Centre, terrorism
MEDIATION refers to a secret, voluntary, and informal negotiating process in which disputing parties utilise a Mediator to help them clarify and settle their differences.
RI Centre (the Rosario Indie) refers to Rosario Indie Limited, a corporation created pursuant to the Companies Act of 1993.
PANELS refers to the published or otherwise maintained listings of RI Providers, Mediators, Child Inclusion Experts, Arbitrators, Counsellors, and Conflict and Communication Coaches by the RI Centre.
PARTY refers to a family conflict party and includes any executor, servant, administrator, admin, succession, and any permissible assignees.
The term PREPARATORY COUNSELOR refers to a person designated by the RI Centre in accordance with the relevant provisions of the Family Dispute Resolution Act 2013 to provide counselling services to assist Parties in preparing for RI Mediation.
SECURITY refers to the amount of money required to be paid in cleared payments to the RI Trust Account as security for future Service provision.
SERVICES refers to any one or more Services provided by the RI Centre and should be understood broadly. Services include, among others, RI, Mediation, Child Friendly Mediation, Med-Arb, Arbitration, Therapy, Conflict and Communications Coaching, and other activities permitted or mandated by the Family Dispute Resolution Act 2013 and the Family Dispute Resolution Regulations 2013.
USER refers to any person, corporation, or organisation that accesses or arranges for someone to access the Website, or whose details are published on the Website, regardless of whether they access, utilise, or otherwise refer to or depend on any of the Services provided.
WEBSITE refers to the RI Centre’s website, located at www.rosarioindie.com.
2.2 Unless the context otherwise dictates, the following provisions apply to these Terms and Conditions:
(a) The singular includes the plural and vice versa; words that imply a gender include all genders.
(b) The term “person” include companies, partnerships, government and municipal authorities and agencies, and unincorporated organisations or bodies of individuals.
(c) The terms “including” and “including” should be interpreted without limitation.
d) The terms “we”, “our”, and “us” relate to the RI Centre.
e) “he”, “she”, “it”, “you”, “your”, and “yourself” refer to the User.
f) A reference to a Party includes that Party’s employees, agents, executor, managers, successors, and allowed assigns.
2.3 To the extent that these Terms and Conditions conflict with any terms and conditions published on the Website, these Terms and Conditions shall supersede and replace any such contradictory terms and conditions.
3.1 By using the RI Centre Website, you agree to the following:
a) are presumed to have read, comprehended, and accepted these Terms and Conditions, and you agree to be bound by them;
(b) warrant that you are authorised to use the RI Centre’s Services by any person, company, institution, or organisation that you supposedly represent, and that all knowledge you have supplied to the RI Centre is, and remains in every respect true, correct, and complete unless updated in writing by you; and
(c) acknowledge that the RI Centre may revise or modify these Terms and Conditions in whole or in part at any time. You are responsible for ensuring that you are up-to-date on the most recent version of the Terms and Conditions. Any revisions or alterations will become effective immediately upon publication on the Website.
4.1 All Users recognise and accept:
(a) you view, access, and use the Website and Services offered by the RI Centre in good faith, at your own risk, and based entirely on your own investigations, inquiries, and judgement;
(b) we are not the agent, employee, servant, or affiliated entity of any User, and we are not accountable for any act or omission, misbehavior, fraud, misrepresentation, or anything else done or omitted to be done by any User; and
c) The Services on the Website (and in general) are offered “as is” and “as available.” We do not promise or represent that access to the Website will be uninterrupted or error-free, or that the information will be comprehensive, accurate, or up-to-date.
4.2 When using the Website and Services of the RI Centre, you must follow and comply with all applicable UK laws, including all applicable statutes and regulations, as well as these Terms and Conditions.
5.1 As a User and/or Party to Services supplied by the RI Centre, you are required to:
(a) promise to always use the Website and Services in an acceptable, professional, and legal manner;
(b) accept that the RI Centre does not independently validate the information submitted by any RI Provider, Mediator, Kid Inclusion Specialist, Arbitrator, Counsellor, Dispute and Communication Coach, or any other individual submitting information or materials for publication on the Website. Consequently, the RI Centre does not warrant that the personal and professional information provided by any RI Provider, Mediator, Child Inclusion Expert, Arbitrator, Arbitrator, Counsellor, Dispute and Communication Coach, or any other person published on the Website is complete, accurate, and up-to-date;
(c) agree that the RI Centre, its agents and staff cannot and do not provide legal guidance in relation to any case, disagreement, question, concern, issue or other matter raised by any User or Party in any way, and if you use any information provided on the Website, or otherwise by the RI Centre or its RI Providers, Mediators, Kid Inclusion Specialists, Arbitrators, Counselling services, Conflict and Communication Coaches, servants or agents, you do so entirely in reliance on the accuracy and complete
(d) agree that by accessing, using, or relying on any information provided by the RI Centre in any form or manner for any purpose whatsoever, including any subsequent RI Service, you expressly acknowledge and agree that you do so exclusively based on your own skill and judgement and not based on any understandings, statements, contracts, representations, or warranty claims made by or on behalf of the RI Centre, its RI Providers, Mediators, or Child Inclusion Specialists.
(e) acknowledge that the RI Centre does not accept any responsibility or liability arising from, or linking to, any acts or omissions of its appointed RI Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Interaction Coaches, or any person of its Frames, whether in relation to mentioned or assumed certifications, skills, expertise, experience, achievement or non-performance of services, Prices incurred, outcome or result of a dispute, or otherwise.
(f) indemnify the RI Centre from and against all actions, claims, costs (including legal costs and expenses), loss, processes, damages, liabilities, or charges suffered or incurred by the RI Centre to any person in connection with your failure to comply with these Terms and Conditions; and
(g) acknowledge that the RI Centre, its agents, and employees expressly disclaim all liability for any User’s or Party’s dissatisfaction with any Service provided, whether in relation to stated or assumed qualifications, skills, expertise, knowledge, achievement or non-performance of offerings, Fees charged, outcome or result, or any other matter without limitation.
6.1 As part of its provision of Services, the RI Centre will:
(a) administer and maintain the Website;
(b) manage and administer the Services;
(c) guarantee that the most recent Terms and Conditions are always accessible for inspection on the website; and
(d) provide and consent to receiving via email any notice, communication, or document necessary to be served pursuant to these Terms and Conditions.
6.2 In performing Services, the RI Centre will depend on the information and documents given, or purportedly provided, by or on behalf of any User or Party, and shall have no obligation to examine or authenticate the validity, completeness, or correctness of such information and documents.
6.3 The RI Centre will make reasonable steps to guarantee the accuracy of the website’s content and information. However, the RI Centre does not promise or represent that the Website will be error-free or operate with interruption from time to time, or that the content provided on the Website will be devoid of mistakes or misrepresentations.
7.1 By applying to utilise any RI Service offered by the RI Centre, you acknowledge and consent to the following:
Accuracy and exhaustiveness of data (a) By applying to use any Service, you represent and warrant that you are authorised to make an application on behalf of or on behalf of the applicant, and that all information provided in connection with that application is, to the best of your knowledge, correct, complete, and accurate in all respects.
(b) When applying to the RI Centre for any Service, you have provided all information necessary for the RI Centre to nominate or appoint a RI Provider, Mediator, Kid Inclusion Specialist, Arbitrator, Counsellor, or Dispute and Communication Coach based solely on the information and documents you have provided in support of your application.
(c) The RI Centre does not conduct independent investigations, evaluations, or verifications of documents or material given for the aforementioned purpose.
Payment of charges
Parties to a family dispute are equally and severally liable to pay the RI Centre’s Fees and Expenses, as well as any additional expenses incurred by the RI Centre in retrieving any overdue payments, on a full indemnity basis.
(e) If a case is withdrawn, settled, or terminated after receipt by the RI Centre of an Application to nominate or appoint a RI Provider, Mediator, Kid Inclusion Specialist, Arbitrator, Counsellor, or Dispute and Communication Coach, the RI Centre will charge a Fee for the administration of the matter equal to the Administration Fee published on the Website for the Service at the time the Application for the Service is made.
8.1 We reserve the right, without prior notice, to delete, modify, or alter any portion of the Website or the Services at any time, or to discontinue operating the Website or providing the Services in whole or in part.
8.2 We are not obligated or compelled to consult with any User prior to implementing the aforementioned removal, modification, variation, or cessation.
9.1 The RI Centre collects personally identifiable information regarding Parties and Users via our website, www.rosarioindie.com, as well as in offline transactions, such as over the phone and through mail and conversations. Cookies and local shared objects may be used on our website and in our communications. Personal information includes, but is not limited to, a person’s name, address, and other contact information, as well as their usage habits and preferences.
9.2 You authorise us, subject to the requirements of the Privacy Act of 1993, to:
(a) maintain and record any personally identifiable information given in connection with the Services;
(b) collect, store, use, and disclose information about you for any Services-related purpose, including, but not limited to:
I identification verification;
(ii) enforcement of these Terms of Service;
(iii) marketing;
(iv) studies;
(v) conformity with all laws and regulations relevant;
(vi) generally providing the Services offered by the RI Centre; and
(vii) any other use authorised by you.
9.3 We may disclose your personal information to third-party data processors or government entities for any of the objectives outlined in section 3 of our Privacy Statement. We shall, wherever feasible, ask these third parties to strictly adhere to our instructions and not use the information for any other reason. Without your approval, we will not share your personal information with any other third party. You may contact the RI Centre to see if information has been shared with government agencies or third-party data processing organisations.
9.4 If you fail to supply the necessary personal information at the time of making an application to utilise the RI Centre’s Services, the Services may not be supplied or made available to you.
9.5 Under the Privacy Act of 1993, you have the right to view and amend the personal information we have on file for you. Contact us at [email protected] if you have any issues concerning the privacy and security of your personal information.
9.6 The RI Centre commits to use security methods to guarantee that any data given by Users and Parties is suitably encrypted and kept confidential. As no data transfer over the Internet can be guaranteed to be totally secure, we cannot guarantee or promise the security of any information you provide or receive using our Services. You do these activities at your own risk.
10.1 We commit to using security methods to guarantee that any data transmitted to us electronically is suitably encrypted and kept confidential.
10.2 You may not damage, interfere with, or otherwise cause harm to the Website or Services, or any network or system underlying or linked to them, or attempt to do so.
10.3 You are not permitted to access the Website or its contents using any robot, spider, scraper, or other automatic methods.
11.1 Unless otherwise specified, all proprietary and intellectual property rights in this Website, including, but not limited to, all material, content, logos, design, selection and adjustment of elements, organisation, compilation, graphics, text, concocted words, audio recordings, video recordings, icons, images, and software underlying and forming part of the Services offered by the RI Centre and the Website, as well as all other matters related to the Website, are owned by the Royal Institution of Great Britain.
11.2 The inclusion of such items on this website does not imply a waiver of any rights pertaining to such components. You do not gain ownership of such items accessed on this website.
11.3 Except as otherwise provided in this Privacy Statement, no property of the RI Centre, its licensors, or its suppliers may be used, copied, reproduced, adapted, distributed, reprinted, downloaded, modified, showcased, posted, stored in a retrieval, published, or transferred in any form or by any means, but are not limited to electronic, mechanical, photocopying, or otherwise, resold, commercialised, or used to create derivative works without the RI Centre’s express
11.4 Permission is hereby awarded to the extent necessary to perfectly legally access and use this Website and the information, materials, services, and products available on it, as well as to display, download, archive, copy, and print portions of this Website for personal use only, as long as the materials are not modified. If you violate any of the Terms and Conditions for using the Website or RI Services, this licence ends automatically. In the event that this authorization is revoked, you must immediately destroy any and all downloaded, printed, archived, or otherwise preserved and/or stored items obtained via your use of the Website. We maintain all rights, including translation.
2017 The RI Centre
12.1 Unless otherwise noted, the RI Centre corporate name, logos, and any service names, page headers, customizable graphics, button icons, trademarks, service marks, and logos that appear on this website are service marks, trademarks, and/or trade dress of the RI Centre (the Marks).
12.2 All other trademarks, product names, business names (including shortened forms and acronyms), logos, service marks, and/or trade dress that are used, displayed, quoted, or otherwise stated on this site are the property of their respective owners. You undertake not to display or use the Marks without our prior written consent. You undertake not to display or utilise the trademarks, product names, business names, logos, service marks, or trade dress of other owners without their prior written consent. The use or abuse of the Marks or other trademarks, product names, business names, logos, service marks, or trade dress, or any other content contained herein (unless as specifically authorised herein), is strictly forbidden.
13.1 All Users and Parties recognise and agree that, for the delivery of the Services, the RI Centre shall:
(a) relies solely on the information, documents, and/or other materials provided, or purported to have been provided, by or on behalf of any Government Department, Agency, or related Element, ADRO, professional body, User, Party, RI Provider, Mediator, Kid Inclusion Specialist, Arbitrator, Counsellor, or any other Service provider;
(b) has no obligation to examine or confirm the validity, completeness, or correctness of such information, documents, and/or materials; and
Users and Parties utilising the information are responsible for ensuring they have the most up-to-date information available.
13.2 The RI Centre explicitly disclaims any representation or warranty regarding:
(a) the Website will operate without omissions, delays, or interruptions; and/or
(b) the information on the website will be free of mistakes or misstatements.
13.3 the RI Centre, its agents, and employees expressly disclaim all responsibility and liability for any User or Party dissatisfaction with any Service provided, whether in connection to stated or assumed qualifications, skills, expertise, encounter, performance or quasi of Services, Fees charged, result or result, or any other matter without limitation.
13.4 The RI Centre, its agents, and employees do not assume any liability for any loss caused explicitly or implicitly by any error, omission, or false statement made in, or in connection with, the Website or its Services generally, and to the fullest extent permitted by law, expressly disclaim any and all such responsibility whether involving tort, breach of contract, breach of fiduciary duty or breach of statutory duty or any other duty, and all such liabilit.
13.5 We make no promises, warranties, or assurances regarding any material provided on the Site, including, but not limited to, the accuracy or veracity of any such information.
13.6 Your use of the Website is entirely at your own risk. By accessing, using, or relying upon any information or material published on the Webpage for any purpose whatsoever, you explicitly acknowledge and agree that you do so exclusively in reliance on your own skill and judgement and not in reliance on any interpretations, statements, agreements, representations, or guarantee made on behalf of the RI Centre, its RI Providers, Mediators, Child Inclusion Experts, Arbitrators, Counsellors, Conflict and Communication Coadjutors, or Conflict and Communication Facilitators.
13.7 Users of the Website and all Parties to our Services jointly and severally release and discharge the RI Centre and its RI Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counselling services, Conflict and Communication Coaches, agents and employees from all liability of any kind (whether involving carelessness, misrepresentation, breach of warranty, or breach of any equitable, fiduciary, statute law or other duty, or otherwise) that may be alleged to arise in connection with the use of the The RI Centre and any RI Provider, Mediator, Kid Inclusion Specialist, Arbitrator, Counsellor, Dispute and Communication Coach, agent or employee of the RI Centre who has not acted dishonestly and who is shown to be unsure of the fraud of any other person will keep going to be released and disposed from liability as set forth in this agreement.
13.8 No statements or comments, whether written or verbal, made or used by the RI Centre, its RI Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counselling services, Conflict and Communication Coaching staff, agents or employees in connection with, or resulting from, or relating in any way to the Services, may be relied upon to establish or maintain an action for defamation, libel, slander, or any related complaint.
13.9 Users of the Website, and all Parties to our Services, jointly and severally agree to indemnify and keep indemnified the RI Centre, its RI Providers, Mediators, Kid Inclusion Specialists, Arbitrators, Counsellors, Dispute and Communication Coaches, agents and employees, against all claims, charges, expenses, liabilities, awards, harm and litigation of any kind (properly withstood or incurred by them directly, or indirectly by any third party) in relation to their use of the Website If the RI Centre or any RI Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, Conflict and Communication Coach, or agent or employee of the RI Centre has not acted dishonestly and is shown to be unsure of the fraud of any other person, he or she will continue to be indemnified in accordance with the terms of this agreement.
13.10 The intent of these provisions is to grant the RI Centre, its RI Providers, Mediators, Kid Inclusion Specialists, Arbitrators, Counsellors, Dispute and Communication Coaches, agents, and employees the broadest exemption from responsibility permitted by law.
14.1 The Website may contain links to other websites managed by us or connected firms, as well as connections to websites owned and operated by companies and/or individuals unaffiliated with the RI Centre.
14.2 A hyperlink to an unrelated website does not imply that the RI Centre approves, endorses, supports, or accepts any responsibility for that website, its content and/or systems, or the goods and/or services offered or advertised on that website.
14.3 The RI Centre, its agents, and employees assume no liability for any loss or damage caused directly or indirectly by any error, omission, or misstatement in, or in connection with, the information and materials published on any unrelated websites, and to the fullest extent permitted by law, expressly disclaim any and all such responsibility whether involving tort, breach of contract, breach of fiduciary duty, breach of statutory duty or any other dilution.
14.4 The RI Centre does not monitor or examine non-related websites to assess their authenticity, legality, or compliance with relevant laws, rules, and regulations. Therefore, the use of any published hyperlinks and any subsequent usage of unrelated websites linked in this manner to the RI Centre Website is solely at your own risk. During your use of unrelated websites, you must comply with their respective rules, regulations, and operational processes.
15.1 You agree not to engage or attempt to involve the RI Centre, its RI Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Interaction Coaches, agents, or employees in any conflict or in any process for resolving any dispute that may arise between you and any other User or Party as a consequence of your use of the Website, any Service, or otherwise.
15.2 If you intend to start civil proceedings against any User or Party and you require any contact details for that User or Party for the purposes of such proceedings, the RI Centre will only provide those details upon receipt of a properly sworn or asserted Statutory Declaration stating that you involve that information for that particular and sole purpose.
You shall provide (and thus consent to the provision of) any notices, messages, and documents necessary to be served pursuant to these Terms and Conditions or any Service, Act, or Regulation via email.
16.2 Governing Law: These Terms and Conditions shall be guided and construed in compliance with applicable laws of the United Kingdom, and each User and/or Party consents to the non-exclusive jurisdiction of the United Kingdom Courts.
16.3 Entire Agreement: These Terms and Conditions comprise the entire agreement between the RI Centre and a User or Party, superseding any prior advice, communications, statements, agreements, or understandings supplied or published on the Website or otherwise.
16.4 Waiver Our omission to enforce any right or provision of these Terms and Conditions will not be construed as a waiver of such rights or provisions unless expressly agreed to in writing by us.
If any provision of these Terms of Use shall be unlawful, void, or unworkable for any reason, then that requirement shall be considered severed from these Terms & Conditions and shall not affect the existence, validity, or enforceability of the residual Terms & Conditions, which shall not be impacted, prejudiced, or impaired, but shall remain in full force and effect.
16.6 Event of Force Majeure: The RI Centre is not responsible for any loss or damage sustained by any User or Party as a consequence of an Event of Force Majeure.
16.7 Updates: The RI Centre maintains the right, at its sole discretion, to change, update, amend, or modify these Terms and Conditions at any time and without prior notice; however, any such change, update, modification, or adjustment will have no impact on anything currently in place.
You may not assign your rights under these Terms and Conditions without RI Centre’s prior written consent.
16.9 Consumer Guarantees Act 1993: Nothing in these Terms and Conditions shall affect your rights under the Consumer Guarantees Act 1993, if applicable.