Terms and Conditions

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1.0      INTRODUCTION

1.1       These Terms and Conditions govern the Services provided by the New Zealand Family Dispute Resolution Centre Ltd (FDR Centre) and set out the terms of our agreement with you (Agreement).

1.2       Before using our Services, it is important that you understand these Terms and Conditions.

2.0      DEFINITIONS AND INTERPRETATION

2.1       Unless the context otherwise requires, the following words and expressions shall have the meanings ascribed to them as follows:

ADMINISTRATION FEE means a fee charged by the FDR Centre when a claim, dispute, or any other matter the subject of any Service provided or administered by the FDR Centre is withdrawn or terminated or otherwise resolved between the Parties after receipt of an Application to nominate or appoint an FDR Provider, Arbitrator, Mediator, Child Inclusion Specialist, Counsellor, or Conflict and Communication Coach, and before the Service is fully performed by that person.

APPLICATION means any written or electronic application made by any person to the FDR Centre for the appointment of an FDR Provider or any arbitration, mediation, child inclusion mediation, arb-med, counselling, or conflict and communication coaching services relating to a family dispute.

ARBITRATION means a private formal dispute resolution process whereby two or more Parties agree to submit all or certain disputes between them to an independent person called an arbitrator, for a binding decision.

BANK ACCOUNT means the FDR Centre Trust Account.

CHILD INCLUSION SPECIALIST means a professional who is specifically trained and experienced in child inclusive practice.

CONFLICT AND COMMUNICATION COACH means a person who helps Parties understand how and why conflict arises and inspires them to develop skills that improve the effectiveness of communications and the capacity to manage and resolve conflict.

COUNSELLOR means a person who helps Parties understand what is happening in their lives and relationships and encourages them to find their own way through their personal difficulties and regain strength and confidence.

EXPENSES means the actual disbursements for the FDR Service including, but not limited to: travel, accommodation, meals, taxis, couriers, personal vehicle mileage charges, communication, secretarial and administration services, hireage of meeting rooms, court reporting services, transcription services, interpreters, expert or legal advice, and any other reasonable costs relating to the conduct of the Service.

FAMILY DISPUTE means a dispute that will require an application described in section 46F(1) of the Care of Children Act 2004 if a party to the dispute wants a court to resolve it.

FAMILY DISPUTE RESOLUTION (FDR) means 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 proceedings and ensuring that the parties' first and paramount consideration in reaching a resolution is the welfare and best interests of the children.

FAMILY DISPUTE RESOLUTION PROVIDER (FDR Provider) means a person who is appointed by the FDR Centre in accordance with the relevant provisions of the Family Dispute Resolution Act 2013 to undertake FDR mediation services.

FEES means any amount due and payable by the Parties to the FDR Centre for any Dispute Resolution Service provided by the FDR Centre and includes the fees and expenses of any FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, or Conflict and Communication Coach, and any Administration or cancellation Fees due and payable in accordance with these Terms and Conditions, or generally.

FEES AND EXPENSES SCHEDULE means any Schedule of Fees and Expenses appended to and forming part of any Family Dispute Resolution Service Agreement Rules, or Protocol published on the Website.

FORCE MAJEURE EVENT means any act or event beyond the reasonable control or foresight of the FDR Centre including without limitation any industrial disputes, strikes, go-slow, failures of any utility service or provider, 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 FDR Centre, terrorism and any similar or analogous event or act.

MEDIATION means a confidential, consensual, and informal negotiation process where Parties use a Mediator to assist them to define and resolve matters in dispute between them.

FDR Centre (the New Zealand Family Dispute Resolution Centre) means New Zealand Family Dispute Resolution Centre Limited, a company incorporated under the Companies Act 1993 (company number 4730559).

PANELS means the lists of FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, or Conflict and Communication Coaches published on the Website or otherwise maintained by the FDR Centre.

PARTY means a party to a family dispute and includes any agent, servant, executor, administrator, successor, and any other permitted assign.

PREPARATORY COUNSELLOR means a person who is appointed by the FDR Centre in accordance with the relevant provisions of the Family Dispute Resolution Act 2013 to undertake counselling services to assist Parties to prepare for FDR Mediation.

SECURITY means the amount of money required to be paid in clear funds to the FDR Trust Account as security for the provision of future Services.

SERVICES means any one or more Services offered by the FDR Centre and should be interpreted in the widest possible sense. Services includes among other things, FDR, Mediation, Child Inclusive Mediation, Med-Arb, Arbitration, Counselling, Conflict and Communication Coaching and other activities authorised and/or required under the Family Dispute Resolution Act 2013 and the Family Dispute Resolution Regulations 2013.

USER means any person, company, entity or organisation, who accesses the Website, or arranges for someone to access the Website, or whose details are published on the Website, whether or not they access, use, or otherwise refer to or rely on any of the Services provided.

WEBSITE means the Website for the FDR Centre which can be found at www.fdrc.co.nz.

2.2       Unless the context otherwise requires, in these Terms and Conditions:

(a)           Words in the singular shall include the plural and vice versa; words importing a gender include every gender.

(b)           References to persons include corporations, partnerships, government and local authorities and agencies, and any unincorporated associations or bodies of persons.

(c)           References to “include” or “including” are to be construed without limitation.

(d)           A reference to “we”, “our”, or “us” means the FDR Centre.

(e)           A reference to “he”, “she”, “it”, “you”, “your”, or “yourself” means the User.

(f)            A reference to a Party includes its employees, agents, executors, administrators, successors, and permitted assigns.

2.3       Insofar as these Terms and Conditions are inconsistent with any terms and conditions published on the Website, these Terms and Conditions will take precedence over and replace any such inconsistent terms and conditions.

3.0      TERMS AND CONDITIONS

3.1       By accessing the FDR Centre Website, you:

(a)           are deemed to have read, understood, and accepted these Terms and Conditions, and you agree to be bound by them;

(b)           warrant that you are authorised to use the FDR Centre’s Services by any person, company, entity, or organisation that you purport to represent, and that all information you have provided to the FDR Centre is, and save to the extent updated in writing by you, remains in every respect true, correct, and complete; and

(c)           accept that these Terms and Conditions may be amended or modified by the FDR Centre at any time in whole or in part. Any amendments or modifications will be effective immediately upon being published to the Website and it is your responsibility to ensure that you are familiar with the latest Terms and Conditions.

4.0      GENERAL PROVISIONS

4.1       All Users accept and acknowledge that:

(a)           you view, access, and use the Website and the Services provided by the FDR Centre in good faith, at your own risk, and solely in reliance on your own investigations, enquiries, and judgment;

(b)           we are not an agent, employee, servant, or associated entity of any User, and we are not liable for any act or omission, misconduct, fraud, misrepresentation, or any other thing done or omitted to be done by any other User; and

(c)           the Services on the Website (and generally) are provided on an “as is” and “as available” basis. We do not guarantee or warrant that access to the Website will be error-free or uninterrupted, of that the information will be complete, accurate, and current.

4.2       When using the FDR Centre’s Website and Services you must observe and comply with all relevant New Zealand laws, including all applicable statutes and regulations, and with the provisions of these Terms and Conditions.

5.0      USER OBLIGATIONS

5.1       As a User and / or as a Party to Services provided by the FDR Centre, you:

(a)           agree to use the Website and Services in a proper, appropriate, professional, and lawful manner at all times;

(b)           acknowledge that the FDR Centre does not independently verify the information provided by any FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, Conflict and Communication Coach, or any other person providing information or materials to be published on the Website. Accordingly, the FDR Centre does not warrant that the information provided by any FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Arbitrator, Counsellor, Conflict and Communication Coach, or any other person published on the Website is complete, accurate and current, personal and professional information;

(c)           agree that the FDR Centre its agents and employees cannot and do not provide legal advice in relation to any case, dispute, question, concern, issue or any 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 FDR Centre or its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents or employees, you do so entirely in reliance on your own judgment, having taken independent legal advice and having made your own enquiries and not in reliance on any statements or representations made by or on behalf of the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents or employees;

(d)           agree that by accessing, using or relying on any information provided by the FDR Centre in any form or manner for any purpose whatsoever including any subsequent FDR Service, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment and not in reliance on any understandings, statements, agreements, representations or warranties made by or on behalf of the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents or employees;

(e)           acknowledge that the FDR Centre does not accept any responsibility or liability howsoever arising from, or relating to, any acts or omissions of its appointed FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, or any member of its Panels, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of services, Fees charged, outcome or result of any dispute, or any other matter without limitation;

(f)            agree to indemnify the FDR Centre from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities or demands suffered or incurred by the FDR Centre to any person arising out of or in connection with your failure to comply with these Terms and Conditions; and

(g)           acknowledge that the FDR Centre, its agents and employees expressly do not accept any responsibility for any User or Party dissatisfaction with any Service provided, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of services, Fees charged, outcome or result, or any other matter without limitation.

6.0      OUR OBLIGATIONS

6.1       In providing Services, the FDR Centre will:

(a)           maintain and manage the Website;

(b)           administer and manage the Services;

(c)           ensure that the most up to date Terms and Conditions are available on the Website for review at any time; and

(d)           give and consent to being given any notice, communication, or document required to be served under these Terms and Conditions by email.

6.2       In performing Services, the FDR Centre will rely upon the information and documents provided, or purported to be provided, by or on behalf of any User or Party and shall be under no duty to investigate or validate the authenticity, completeness, or accuracy of any such information or documents.

6.3       The FDR Centre will make reasonable efforts to ensure that the material and information published on the Website is correct. However, the FDR Centre does not warrant or represent that the Website will be free from error or operate without delay from time to  time or that the information published on the Website will not contain errors or misstatements.

7.0      USING THE SERVICES

7.1       In applying to use any FDR Service provided by the FDR Centre, you understand and agree that:

Accuracy and completeness of information

(a)           By applying to use any Service, you warrant that you are authorised to make an application for, or on behalf of the applicant, and that all information provided in relation to that application is to the best of your knowledge, correct, complete, and accurate in all respects.

(b)           When making an application to the FDR Centre for any Service, you have provided all information required to enable the FDR Centre to make such nomination or appointment of an FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, or Conflict and Communication Coach as may be required in sole reliance on the information and documents provided by you in support of the application.

(c)           The FDR Centre does not undertake any independent investigations, assessment or verifications of any such documents or information provided for the above purpose.

Payment of fees

(d)           The Parties to a family dispute are jointly and severally liable to pay the FDR Centre’s Fees and Expenses together with any additional costs howsoever incurred by the FDR Centre in recovering any overdue monies on a full indemnity basis.

(e)           If a case is withdrawn, resolved, or terminated after receipt by the FDR Centre of an Application to nominate or appoint an FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, or Conflict and Communication Coach, the FDR Centre will charge a Fee in relation to the administration of the matter in the amount of the Administration Fee published on the Website for the Service at the time the Application for the Service is made.

8.0      TERMINATION

8.1       At any time, we may without notice, remove, amend, or vary any part of the Website or the Services, or cease to operate the Website or provide the Services in whole or in part.

8.2       We will not be obliged or required to consult with any User prior to making any such removal, amendment, variation, or cessation referred to above.

9.0      PRIVACY POLICY

9.1       The FDR Centre collects personally identifiable information about Parties and Users through our Website at www.fdrc.co.nz and in off-line transactions such as over the telephone and through correspondence and discussions. We may use cookies or local shared objects on our website or emails. Personal information includes, but is not limited to, name, address and other contact details and usage patterns and preferences.

9.2       Subject to the terms of the Privacy Act 1993, you authorise us to:

(a)           retain and record any personal information provided in connection with the Services;

(b)           collect, store, use and disclose information about you for any purpose relating to the Services, including but not limited to:

(i)         verification of your identity;

(ii)        enforcement of these Terms and Conditions;

(iii)       marketing;

(iv)       research;

(v)        compliance with all applicable laws and regulations;

(vi)       performing the Services provided by the FDR Centre generally; and

(vii)     any other use that you authorise.

9.3       We may share your personal information with third party data processing organisations or government agencies for any of the purposes described in clause 3 of our Privacy Policy. Where possible we will require these third parties to strictly comply with our instructions and not use the information for any other purpose. We will not disclose your personal information to any other third party without your consent. You may contact the FDR Centre to enquire whether information has been provided to government agencies or third party data processing organisations.

9.4       Failure to provide personal information requested at the time of submitting an application to use the FDR Centre’s Services may result in Services not being offered or provided to you.

9.5       Under the Privacy Act 1993, you have the right to access your personal information recorded by us and have it updated or corrected. If you have any questions about the privacy and security of your personal information, please contact us on 0508 FDRCENTRE (0508 337 2368) + 64 9 486 7146, or info@fdrc.co.nz.

9.6       The FDR Centre undertakes to use security protocols to ensure data that is provided to us by Users and Parties is appropriately encrypted and held in confidence. However, as no data transmission over the Internet can be guaranteed to be completely secure, we cannot ensure or warrant the security of any information you transmit or receive through the use of our Services. All such activities are conducted at your own risk.

10.0   INTERNET AND ELECTRONIC INFORMATION SECURITY

10.1    We undertake to use security protocols to ensure that data provided to us electronically, for any purpose, is appropriately encrypted and is held in confidence.

10.2    You must not do anything to damage, interfere with or harm the Website or Services, or any network, or any system underlying or connected to them, or attempt to do so.

10.3    You may not use a robot, spider, scraper or other automated means to access the Website or information featured on it for any purpose whatsoever.

11.0   COPYRIGHT

11.1    Unless otherwise indicated, all proprietary and intellectual property rights in this Website, including, but not limited to, all material, content, logos, design, selection and arrangement of elements, organisation, compilation, graphics, text, invented words, audio recordings, video recordings, icons, images, and software underlying and forming part of the Services offered by the FDR Centre and the Website, together with all other matters related to the Website, are the exclusive property of the FDR Centre, or the material is included with permission of the rights owner and all such property is protected by New Zealand and international copyright and trademark laws.

11.2    The posting of any such elements on this Website does not constitute a waiver of any right in such element. You do not acquire ownership rights to any such elements viewed through this Website.

11.3    Except as otherwise provided in this Privacy Policy, no property of the FDR Centre, its licensors, or its suppliers may be used, copied, reproduced, adapted, distributed, republished, downloaded, modified, displayed, posted, stored in a retrieval system, printed, or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying or otherwise, on-sold, commercialised or used to create derivative works without the FDR Centre's express and prior written permission.

11.4    Permission is hereby granted to the extent necessary to lawfully access and use this Website and the information, materials, services, and products available on it and to display, download, archive, copy, and print portions of this Website for personal use only, provided you do not modify the materials. This permission terminates automatically if you breach any of the Terms and Conditions of use of the Website or FDR Services. In the event such permission is terminated, you must immediately destroy any and all downloaded, printed, archived or otherwise maintained and/or stored materials obtained from your use of the Website. All rights including translation reserved.

The FDR Centre 2017 ©

12.0   TRADEMARKS

12.1    Unless otherwise indicated, the FDR Centre company name, logos and all service names, page headers, custom graphics, button icons, trademarks, service marks, and logos appearing on this Website are service marks, trademarks, and/or trade dress of the FDR Centre (the Marks).

12.2    All other trademarks, product names, company names (including abbreviated versions and acronyms), logos, service marks, and/or trade dress mentioned, displayed, cited, or otherwise indicated on this Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and/or trade dress of other owners without the prior written permission of those owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or trade dress, or any other material contained herein (except as permitted herein) is expressly prohibited.

13.0   DISCLAIMERS, INDEMNITIES, AND LIMITS OF LIABILITY

13.1    All Users and Parties acknowledge and agree that, for the purpose of delivering the Services, the FDR Centre:

(a)           relies entirely on the information, documents, and/or other material provided, or purported to have been provided, by or on behalf of any Government Department, Agency, or related Entity, ADRO, professional body, User, Party, FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, Conflict and Communication Coach, or any other Service provider;

(b)           is not under any duty to investigate or validate the authenticity, completeness and/or accuracy of any such information, documents, and/or material; and

(c)           may change, delete, add to, or otherwise amend the information on the Website without notice and it is the responsibility of Users and Parties using the information to ensure that they have the most recent and up to date information available.

13.2    The FDR Centre expressly does not represent or warrant that:

(a)           the Website will be free of error, or operate without delay or interruption from time to time; and/or

(b)           information contained on the Website will not contain errors or misstatements.

13.3    the FDR Centre, its agents, and employees expressly do not accept any responsibility or liability for any User or Party dissatisfaction with any Service provided, whether in relation to stated or assumed qualifications, skills, expertise, experience, performance or non-performance of Services, Fees charged, outcome or result, or any other matter without limitation.

13.4    The FDR Centre, its agents and employees do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with, the Website or its Services generally, and to the full extent permitted by the law, expressly disclaim any and all such liability whether involving tort, breach of contract, breach of fiduciary duty or breach of statutory duty or any other duty, and all such liability is expressly disclaimed.

13.5    We give no undertakings, representations, or guarantees in relation to any information published on the Website including, but not limited to, the accuracy or truth of any information published.

13.6    Your use of the Website is at your sole risk. By accessing, using, or relying upon any information or material published on the Website for any purpose whatsoever, you expressly acknowledge and agree that you do so exclusively in reliance on your own skill and judgment and not in reliance on any understandings, statements, agreements, representations, or warranties made by or on behalf of the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents, or employees.

13.7    Users of the Website and all Parties to our Services together and separately release and discharge the FDR Centre and its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents and employees, from all liability of any kind (whether involving negligence, misrepresentation, breach of contract, or breach of any equitable, fiduciary, statutory or other duty, or otherwise) which may be alleged to arise in connection with, or to result from, or to in any way relate to the exercise of any of their functions, duties, or powers, whether under any Act of Parliament, Regulations, Service Rules, or otherwise, unless the act or omission is the fraudulent act of the FDR Centre or its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents, or its employees. The FDR Centre and any FDR Provider, Mediator, Child Inclusion Specialist, Arbitrator, Counsellor, Conflict and Communication Coach, agent or employee of the FDR Centre who has not acted fraudulently, and is shown to be unaware of the fraud of any other person, will continue to be released and discharged from liability as provided herein.

13.8    No statements or comments whether written or oral, made or used by the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents or employees in connection with, or to result from, or to in any way relate to the Services, may be relied upon to found or maintain any action for defamation, libel, slander or any related complaint.

13.9    Users of the Website, and all Parties to our Services together and separately undertake to indemnify and keep indemnified the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents and  employees, against all claims, costs, expenses, liabilities, awards, damages and proceedings of any kind (properly sustained or incurred by them directly, or indirectly made by any third party) in relation to, or in connection with, the exercise of their functions, duties, or powers, whether under any Act of Parliament, Regulations, Service Rules, or otherwise, unless the act or omission is the fraudulent act of the FDR Centre or its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents or employees. If the FDR Centre or any FDR Provider, Mediator, Child Inclusion Specialists, Arbitrators, Counsellor, Conflict and Communication Coach, agent or employee of the FDR Centre has not acted fraudulently, and is shown to be unaware of the fraud of any other person, he or she will continue to be indemnified as provided herein.

13.10 The purpose of these provisions is to provide the FDR Centre, its FDR Providers, Mediators, Chid Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents and employees with the widest immunity from liability that the law will allow.

14.0   HYPERLINK DISCLAIMER

14.1    The Website may include hyperlinks to other websites maintained by us or affiliated companies, as well as hyperlinks to websites owned and operated by companies and/or other persons unrelated to the FDR Centre.

14.2    Any hyperlink to an unrelated website does not in any way mean that the FDR Centre approves of, endorses, supports, or accepts any responsibility for that website, its content and/or systems, or the goods and/or services provided or advertised through that website.

14.3    The FDR Centre, its agents and employees do not assume any liability to anyone for any loss or damage caused directly or indirectly by any error, omission, or misstatement made in, or in connection with, the information and materials published on any unrelated websites, and to the full extent permitted by the law, expressly disclaim any and all such liability whether involving tort, breach of contract, breach of fiduciary duty, breach of statutory duty or any other duty, and all such liability is expressly disclaimed.

14.4    Any unrelated websites are not monitored or checked by the FDR Centre to determine their accuracy, legitimacy, or conformance with any applicable laws, standards, and regulations. Accordingly, the use of any hyperlinks published, and any consequential use of any unrelated websites linked in this manner to the FDR Centre Website, is entirely at your sole risk. All rules, policies and operating procedures of any unrelated websites will apply to you while you are using those websites.

15.0   DISPUTES

15.1    You agree not to involve, or attempt to involve, the FDR Centre, its FDR Providers, Mediators, Child Inclusion Specialists, Arbitrators, Counsellors, Conflict and Communication Coaches, agents, or employees in any dispute or in any process for the resolution of any dispute that may arise, between you and any other User or Party as a result of your use of the Website, any Service, or otherwise.

15.2    If you intend to initiate civil proceedings against any User or Party and you require any contact details for that User or Party for the purpose of such proceedings, the FDR Centre will provide those details to you only upon receipt of a properly sworn or affirmed Statutory Declaration stating that you require that information for that specific and sole purpose.

16.0   MISCELLANEOUS

16.1    Service of Notices: You shall give (and hereby consent to be given) all notices, communications and documents required to be served under these Terms and Conditions or any Service, Act or Regulation by email.

16.2    Governing Law: These Terms and Conditions shall be governed and construed in accordance with the laws of New Zealand and each User and/or Party agrees to submit to the non-exclusive jurisdiction of the New Zealand Courts.

16.3    Entire Agreement: These Terms and Conditions constitute the entire agreement between the FDR Centre and a User or Party and supersede any advice, communications, representations, agreements, or understandings whether previously provided or published on the Website or otherwise.

16.4    Waiver: Any failure to enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision unless specifically agreed in writing by us.

16.5    Severance: If any provision of these Terms and Conditions shall be unlawful, void or, unenforceable for any reason, then that provision shall be deemed severed from these  Terms and Conditions and shall not affect the existence, validity or enforceability of the  remaining Terms and Conditions which shall not be affected, prejudiced or impaired but shall remain in full force and effect.

16.6    Force Majeure Event: The FDR Centre will not be liable for any loss or damage whatsoever incurred by any User or Party as a result of a Force Majeure Event.

16.7    Updates: The FDR Centre reserves the right to change, update, amend or modify these Terms and Conditions in its sole discretion, from time to time without prior notice, but no such change, update, amendment or modification will have any effect on anything already in operation.

16.8    Assignment: You may not assign your rights under these Terms and Conditions without the prior written approval of the FDR Centre.

16.9    Consumer Guarantees Act 1993: Nothing in these Terms and Conditions shall affect any rights you may have under the Consumer Guarantees Act 1993 where applicable.