Legal Information
Website Terms and Conditions of Use
Effective Date: 21 April 2025
1. Introduction
Welcome to the Marlborough Mediation & Conflict Resolution (MMCR) website, www.mmcr.co.nz (the "Site"). These Terms and Conditions ("Terms") govern your access to and use of our Site and the general information provided herein. Our website hosting is managed by Netlify, Inc. By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our separately detailed Privacy Policy and Cookie Policy. If you do not agree with any part of these Terms, you must cease using the Site immediately.
These Terms apply to all visitors, users, and others who access or use the Site. Specific mediation services provided by MMCR are governed by a separate "Agreement to Mediate" document, which will be provided to clients engaging our services. Reference to "Services" in these Terms generally refers to the website itself unless otherwise specified.
2. Definitions
"Site" refers to this website (mmcr.co.nz) and all its associated pages, content, text, graphics, logos, and code, as hosted on the Netlify platform.
"We", "Us", "Our", "MMCR" refers to Marlborough Mediation & Conflict Resolution, the operator of the Site and provider of mediation services.
"You", "Your", "User" refers to any individual or entity accessing or using this Site.
"Hosting Provider" refers to Netlify, Inc., the third-party company providing the technical infrastructure for hosting this Site.
"Content" means all information, text, graphics, images, logos, software, and other material found on the Site.
"Mediation Services" refers specifically to the mediation and conflict resolution facilitation offered by MMCR, the specifics of which are detailed in separate client agreements ("Agreement to Mediate").
3. Use of the Site
You agree to use the Site only for lawful purposes, primarily for obtaining information about MMCR's services and principles, or for initiating contact with us. Use of the Site must be in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use and enjoyment of the Site. You must comply with all applicable local, national, and international laws and regulations.
Prohibited behaviour includes, but is not limited to: harassing or causing distress or inconvenience to any other user; transmitting obscene, offensive, or defamatory content; attempting unauthorised access to the Site, its servers, or associated data; disrupting the normal flow of dialogue or operation of the Site; using the Site in any way that could damage, disable, overburden, or impair the Site or interfere with any other party's use, including interaction with the Hosting Provider's infrastructure; introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful.
We reserve the right to withdraw or amend the service we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
4. Intellectual Property
All Content included on this Site, unless uploaded by Users or explicitly stated otherwise, including but not limited to text, graphics, logos (including the MMCR logo), icons, images, audio clips, video clips, data compilations, page layout, underlying code, and software, is the property of MMCR, our affiliates, or other relevant third parties. By continuing to use the Site you acknowledge that such material is protected by applicable New Zealand and International intellectual property and other laws.
You may access, view, download, and print extracts from the Content for your personal, non-commercial use only, provided that you do not modify or alter the Content in any way, and you do not remove or alter any copyright or proprietary notices. You may not reproduce, copy, distribute, store, or in any other fashion re-use material from the Site unless otherwise indicated on the Site or unless given express written permission to do so by MMCR. Specifically, the MMCR logo may not be used without prior written consent. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
5. Third-Party Services and Links
This Site is hosted by Netlify, Inc. Your interaction with the Site means your data (such as IP address and Browse activity on this Site) is processed by Netlify as outlined in our Privacy Policy and Netlify's own policies. You can review Netlify's main legal terms here: Netlify Legal.
This Site may contain links to other websites or resources provided by third parties (e.g., links in the 'Why Mediation?' section). These links are provided for your information only and do not imply endorsement or verification by MMCR. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
6. Disclaimers
The Content on our Site is provided on an "as is" and "as available" basis without any representations or warranties of any kind, express or implied. While we endeavour to keep the information accurate and up-to-date, MMCR makes no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure, or that all information provided will be accurate or complete. We make no guarantee of any specific results from the use of our Site or Mediation Services; the outcomes of mediation are dependent on the participants' willingness to negotiate and agree.
Site availability is dependent on the services provided by our Hosting Provider, Netlify, and factors beyond our reasonable control (such as your internet connection). We make no warranties regarding uninterrupted, timely, or error-free access to the Site and are not liable for any downtime, service interruptions, or technical issues caused by the Hosting Provider or other external factors.
No Legal Advice: The Content on this Site does not constitute legal advice, financial advice, or any other form of professional advice upon which reliance should be placed. It is general information only. You should consult with a qualified legal professional or other relevant advisor for advice tailored to your specific circumstances before making any decisions or taking any action related to potential legal disputes or rights.
MMCR provides mediation facilitation services only. We do not offer legal representation or specific legal advice as part of our standard mediation services. Our mediators act as neutral facilitators to assist parties in reaching their own agreements; they do not act as lawyers for any party involved.
7. Limitation of Liability
To the maximum extent permitted by law, MMCR accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special, or exemplary damages arising from the use of the Site or any information contained therein. Users should be aware that they use the Site and its Content at their own risk.
This includes, without limitation, liability for loss or damage arising from reliance on information obtained through the Site, or issues related to the underlying hosting infrastructure provided by Netlify, for which Netlify's own terms and limitations of liability apply. We do not guarantee that the Site will be secure or free from bugs or viruses; you are responsible for configuring your information technology, computer programmes and platform to access our Site and should use your own virus protection software.
Nothing in these Terms excludes or restricts MMCR's liability that cannot be excluded or limited under applicable New Zealand law. Furthermore, this limitation of liability does not affect liability arising under any specific "Agreement to Mediate" entered into for our mediation services, which is governed by the terms of that separate, signed agreement.
8. Scope of Our Role (Duty of Care)
Our role as mediators is to act as impartial facilitators to assist the parties in reaching their own resolution. Our duty is to the mediation process and to the parties participating in it within the scope of the agreed mediation. We do not provide legal advice to any party, and our duty of care does not extend to third parties unless expressly agreed in writing.
9. Engagement and Fees (for Mediation Services)
9.1 Scope of Service
The specific Mediation Services we are engaged to provide will be outlined in communication with you and formalised in an Agreement to Mediate document before the mediation session commences.
9.2 Fee Basis
Our fees for Mediation Services, or the method by which they will be calculated (e.g., fixed fee estimate for a defined scope, hourly rate), will be clearly set out in our engagement communication and the Agreement to Mediate. Work falling outside an agreed fixed scope may incur additional charges, which we will advise you of as soon as reasonably practicable.
9.3 Expenses
In providing Mediation Services, we may incur direct expenses (such as venue hire fees agreed upon in advance). Any significant expenses to be incurred on your behalf may require advance payment and will be itemised on our invoice.
9.4 Invoicing
We typically issue invoices upon completion of the Mediation Service or termination of the engagement. We may require a deposit or pre-payment before commencing work, as outlined in our engagement communication.
9.5 Payment Terms
Invoices are payable within 7 days of the date of the invoice, unless alternative arrangements have been mutually agreed upon in writing. Payment can be made via electronic bank transfer (details provided on invoice). We do not currently offer EFTPOS or credit card facilities. We reserve the right to charge reasonable interest on overdue accounts (more than 7 days overdue). You will be liable for any reasonable costs incurred by us in recovering unpaid amounts.
9.6 Cancellation Policy
If you need to cancel a scheduled mediation session, we require at least 24 hours' notice. If less than 24 hours' notice is given, we reserve the right to charge a cancellation fee as outlined in the Agreement to Mediate.
10. Confidentiality
We will hold in confidence all information concerning you or your affairs acquired during our professional relationship, subject to legal requirements and professional ethics. Information shared during mediation sessions is particularly confidential, governed by the principles outlined in our Agreement to Mediate and the mediation process itself. We will not disclose confidential information except where necessary to carry out your instructions, as required by law (e.g., mandatory reporting concerning risk of serious harm), or as permitted by relevant professional codes of conduct. For details on how website data is handled, please see our Privacy Policy.
11. Privacy and Cookies
Your use of the Site is also governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by this reference. These policies detail how we collect, use, store, and protect personal information and how cookies are utilised on the Site. Please review these policies to understand our practices fully.
12. Conflicts of Interest
We have procedures in place to identify and respond to conflicts of interest. If a potential conflict arises, we will advise you and discuss how it might be managed, adhering to relevant professional ethical guidelines.
To maintain impartiality and avoid potential conflicts of interest, please be advised that MMCR's chief mediator serves on the trust board of the charity ElderLink New Zealand. Consequently, MMCR must recuse itself from, and cannot accept engagements for, mediation or dispute resolution services where any party has a significant relationship with ElderLink New Zealand, including its trust members, staff, volunteers, sponsors, or key suppliers. We are committed to transparency and upholding the ethical standards of mediation practice.
13. Termination of Engagement
13.1 Termination by You
You may terminate our engagement for Mediation Services at any time by providing written notice.
13.2 Termination by Us
We may terminate the engagement for Mediation Services if there is good cause, such as non-payment of fees, failure to provide instructions, or if a conflict of interest arises that cannot be managed. We will provide reasonable notice if we terminate the engagement, circumstances permitting.
13.3 Payment upon Termination
If the engagement is terminated by either party, you remain liable to pay all fees for work done and expenses incurred up to the date of termination, as outlined in the Agreement to Mediate or our engagement communication.
13.4 Lien on Files
We reserve the right to retain your files and documents ("exercise a lien") until all outstanding fees and expenses have been paid in full.
14. Retention of Files and Documents
After completion or termination of the engagement, we will retain your file (physical and/or electronic) for a period as required by law or professional standards (typically 7 years). After this period, you authorise us to destroy the file (other than documents held in safe custody specifically at your request) without further notice.
15. Governing Law and Jurisdiction
These Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
You agree that the courts of New Zealand will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.
16. Changes to These Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide notice prior to any new terms taking effect, potentially via a notice on the Site. What constitutes a material change will be determined at our sole discretion. We will update the "Effective Date" at the top of these Terms when changes are made.
By continuing to access or use our Site after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website.
17. General Provisions
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements, oral or otherwise, regarding the Site. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. A waiver by us of any default shall not constitute a waiver of any subsequent default.
18. Contact Us
If you have any questions about these Terms, please contact us:
Privacy Policy
Effective Date: 21 April 2025
1. Our Commitment to Your Privacy
Marlborough Mediation & Conflict Resolution ("MMCR", "we", "us", "our") is firmly committed to protecting your privacy and handling your personal information responsibly and securely. This Privacy Policy outlines how we collect, use, disclose, store, and protect your personal information in compliance with the New Zealand Privacy Act 2020 and its 13 Information Privacy Principles (IPPs).
This policy applies to information collected through our website, www.mmcr.co.nz (the "Site"), hosted by Netlify, Inc. ("Netlify"), and also covers information gathered during preliminary inquiries and throughout the provision of our mediation services (which are additionally subject to the specific confidentiality terms detailed in our separate Agreement to Mediate provided to clients). When you provide information directly to us (e.g., via the contact form or email), we act as the 'agency' (data controller). Our hosting provider, Netlify, acts as a 'data processor' for the operational data automatically generated through your interaction with the Site infrastructure.
2. Who We Are
Marlborough Mediation & Conflict Resolution provides impartial mediation and conflict resolution services focused on facilitating constructive dialogue and agreements for individuals and organisations operating within New Zealand, based in the Marlborough region.
Our contact details are:
3. Information We Collect (IPP 1, IPP 4)
We only collect personal information that is necessary for our functions and activities, such as facilitating mediation or responding to your inquiries. The collection methods used are fair and minimally intrusive. We generally avoid collecting sensitive information via the website unless directly relevant to your inquiry and voluntarily provided.
3.1 Information You Provide Directly
This includes personal information you voluntarily provide when you interact with us:
- Contact & Inquiry Information: When using our website contact form, emailing, or phoning us, we typically collect your name, email address, phone number, and any details you provide regarding your situation or inquiry about our services. This helps us understand your needs, assess suitability for mediation, perform conflict checks, and communicate effectively.
- Mediation Information: If you proceed with mediation, further details relevant to scheduling, facilitating, and potentially documenting the mediation process will be collected from participants, as outlined in the Agreement to Mediate. This is handled with strict confidentiality.
3.2 Information Collected Automatically (Website Operation)
Our hosting provider, Netlify, automatically collects standard technical log data necessary for website security, performance (via CDN), and troubleshooting. This typically includes IP addresses (often generalised), browser type, operating system, access times, and pages visited. This data is processed according to Netlify's privacy policy and used primarily for operational integrity. Netlify does not sell this visitor data.
3.3 Cookies and Tracking Technologies
We use essential cookies (e.g., for platform security via Netlify) and analytics cookies (Google Analytics) to understand website usage patterns in an aggregated, anonymous way. We do not use marketing or intrusive tracking cookies. Please see our detailed Cookie Policy for more information.
4. Purpose for Collection and Use of Information (IPP 1, IPP 10)
We collect and use your personal information only for the purposes for which it was gathered, or for directly related purposes you would reasonably expect. These include:
- Responding effectively to your inquiries and communications.
- Assessing mediation suitability and performing conflict checks.
- Providing, managing, and administering the Mediation Services you engage us for.
- Fulfilling contractual obligations outlined in the Agreement to Mediate.
- Complying with relevant legal, ethical, and professional record-keeping obligations in New Zealand.
- Ensuring the security and operational integrity of our Site.
- Monitoring and improving our website user experience and service delivery (using aggregated, anonymised analytics).
- Internal administrative tasks like invoicing where applicable.
We will not use your personal information for unrelated secondary purposes without obtaining your explicit consent.
5. Legal Basis for Processing
Our handling of your personal information is based on the following legal grounds under the Privacy Act 2020:
- Consent: Your explicit or implied consent (e.g., contacting us, agreeing to terms).
- Contractual Necessity: Processing necessary for the performance of a contract (e.g., the Agreement to Mediate).
- Legal Obligation: Processing required to comply with New Zealand law.
- Legitimate Interests: Processing necessary for our legitimate interests (like responding to inquiries, managing services, ensuring security) where these are not overridden by your privacy interests.
6. Information Sharing and Disclosure (IPP 11)
MMCR holds information provided directly to us in strict confidence.
- Mediation discussions and related notes are strictly confidential between the parties and the mediator, governed by the Agreement to Mediate and professional ethics, subject only to legal exceptions (e.g., risk of serious harm).
- We do not sell, rent, or trade your personal information for marketing purposes.
- Disclosure of your personal information to third parties will only occur if:
- You have provided informed consent.
- Disclosure is required or authorised by New Zealand law.
- Disclosure is necessary to prevent a serious threat to life, health, or safety.
- We engage trusted third-party service providers (data processors) for essential operational support (e.g., secure cloud storage, IT services), under contractual agreements ensuring they handle the data securely and only for the purposes we specify, in line with our privacy obligations.
- Cross-border Disclosures (IPP 12): If personal information needs to be disclosed outside New Zealand (e.g., through cloud services hosted overseas by providers like Netlify/Google), we will comply with IPP 12, ensuring comparable privacy safeguards are in place or obtaining your authorisation after informing you of potential differences in protection.
- Hosting Provider (Netlify) & Analytics (Google): These providers process data according to their respective privacy policies as outlined previously.
7. Data Security (IPP 5)
We are committed to protecting the security of your personal information using appropriate technical and organisational measures against loss, unauthorised access, use, modification, or disclosure. Our staff understand the importance of confidentiality.
- Physical Records: Any necessary paper documents are stored securely with restricted access.
- Digital Records: Electronic information is managed using secure methods like password protection, access controls, and encryption where practical. We utilise reputable cloud services known for strong security practices.
- Transmission Security: Our website uses HTTPS (TLS encryption) to protect data during transmission. Data stored by our Hosting Provider, Netlify, benefits from their security infrastructure and typically includes encryption at rest.
Despite these measures, no system is 100% secure. We cannot guarantee absolute security but take all reasonable steps to protect your information. You can review Netlify's security information.
8. Data Retention (IPP 9)
We retain personal information only for as long as reasonably necessary to fulfil the purposes for which it was collected, or as required by law or professional standards. Specific retention periods for mediation case files are defined in the Agreement to Mediate. When information is no longer required, it is securely destroyed or permanently de-identified.
Netlify operational logs and Google Analytics data are retained according to their standard policies or our configured settings.
9. Your Rights: Access and Correction (IPP 6, IPP 7)
Under the New Zealand Privacy Act 2020, you have rights concerning your personal information held by us:
- Right to Access: You can request confirmation if we hold information about you and request access to it.
- Right to Correction: You can request correction if you believe information is inaccurate, incomplete, misleading, or not up-to-date.
To exercise these rights, please contact our Site Admin (details in Section 16). We will require identity verification and aim to respond within the statutory 20 working day timeframe, advising if extensions or legally permitted refusals apply.
10. Other Rights
The Privacy Act 2020 also provides rights regarding the use, disclosure, and deletion of your information in specific circumstances. For full details, please consult the Act or the Office of the Privacy Commissioner website.
11. Children's Privacy
Our services and website are not directed at individuals under the age of 16. We do not knowingly collect personal information from children without appropriate parental or guardian consent. If you believe we have inadvertently collected such information, please contact us immediately so we can take corrective action.
12. Data Breach Notification
In the unlikely event of a privacy breach causing serious harm (or likely to cause serious harm), we will manage the situation according to the requirements of the Privacy Act 2020. This includes taking steps to contain the breach, assess the harm, and notify the Office of the Privacy Commissioner and affected individuals as legally required.
13. Cookies
Our Site uses cookies. For detailed information, please see our separate Cookie Policy.
14. Third-Party Links and Services
Our Site is hosted by Netlify, Inc. (Privacy Policy: https://www.netlify.com/privacy/). We utilise Google Analytics (Google Privacy & Terms: https://policies.google.com/privacy). Our Site may contain links to other external websites not operated by us. We are not responsible for their privacy practices; please review their policies.
15. Changes to This Privacy Policy
We may update this Privacy Policy periodically. Changes will be posted here with an updated "Effective Date". We recommend reviewing this policy regularly.
16. Contact Us
For questions about this policy or your personal information, please contact our Site Admin:
If you have unresolved privacy concerns, you can contact the New Zealand Office of the Privacy Commissioner: www.privacy.org.nz.