Dispute Policy

1. Incorporation

This policy is incorporated into the Website Terms and Conditions and applies to all users of the Dealers' Group Website.

2. Dispute Resolution

If a dispute arises between any parties in relation to the Website Terms and Conditions (Dispute) the following procedure applies:

(a) A party may give another party a notice of the Dispute, and the Dispute must be dealt with in accordance with the procedure set out in this policy.

(b) A party must not commence legal proceedings (except proceedings seeking interlocutory relief) in respect of a Dispute unless the Dispute has been referred for resolution in accordance with this policy.

(c) A party must not oppose any application for a stay of any legal proceedings that may be issued in respect of a Dispute pending the completion or termination of the procedure set out in this policy.

3. Initial Period for Resolution

If a Dispute is notified pursuant to clause 2(a), the Dispute will be immediately be referred to a senior manager at Dealers' Group. The Dealers' Group representative and the Website user must endeavour to resolve the Dispute as soon as possible and in any event within five (5) Business Days (or other period as agreed).

4. Referral to Mediation

Unless otherwise agreed by the parties, any Dispute that cannot be settled by negotiation between the parties or their representatives in accordance with clause 3 must be submitted to mediation. A Dispute submitted to mediation must be dealt with in the following manner:

(a) The parties in dispute agree to endeavour in good faith to settle the Dispute by mediation administered by the Australian Commercial Disputes Centre (ACDC) before having recourse to litigation.

(b) The mediation must be conducted in accordance with ACDC Mediation Guidelines that exist as at the date of the Dispute which set out the procedures to be adopted, the process of selection of the mediator and the costs involved and the terms of those guidelines are incorporated in this Policy.

(c) The mediator assists the parties to resolve the dispute.

(d) All parties may be represented by a qualified legal practitioner at the mediation.

(e) Any determination of the mediator is not to be binding on the parties.

5. Confidentiality

The parties must hold confidential, unless otherwise required by law or at the direction of a court of competent jurisdiction, all information relating to the subject matter of the Dispute that is disclosed during or for the purposes of dispute resolution. The parties acknowledge that the purpose of any exchange of information or documents or the making of any offer of settlement pursuant to this procedure is to attempt to settle the Dispute between the parties. No party may use any information or documents obtained through the dispute resolution process for any purpose other than an attempt to settle a Dispute between the parties.