Effective Date: 01/08/2023
 

This Dispute Resolution Policy is designed to resolve disputes fairly and transparently through a comprehensive framework. It outlines the procedures for resolving disputes between Nest Talent Pty Ltd and participants in the Creator+ Program. We are committed to achieving the goal of fair and transparent dispute resolution.

 

1. Informal Resolution

 

We encourage participants to initiate informal resolution by contacting our support team at hello@nesttalent.com. We take participant concerns seriously and aim to address them promptly. To ensure the success of the informal resolution process, participants must provide Nest Talent Pty Ltd with all relevant information. Informal resolution must be attempted within 30 days of the dispute arising.

 

2. Mediation

 

If informal resolution does not yield a satisfactory outcome, participants may choose mediation. Mediation is a voluntary and confidential process where both parties work collaboratively with a neutral mediator to reach a mutually acceptable solution. Mediation will be conducted by a mediator chosen by mutual agreement of the parties or, if no agreement can be reached, by an appropriate third party. Mediation must be initiated within 60 days of the informal resolution process being unsuccessful. The mediator will be neutral and impartial, ensuring fairness for both parties.

 

3. Arbitration

 

When mediation proves unsuccessful, arbitration may be pursued. The arbitration will be governed by the laws of the State of Queensland, Australia. The arbitrator will be bound by the laws of the State of Queensland, Australia. It is a binding process where the arbitrator's decision is final and enforceable. Please note that arbitration may involve costs and time, and the arbitrator's decision is legally binding.

 

4. No Class Actions

 

By participating in the Creator+ Program, participants waive their right to join or initiate class action lawsuits against Nest Talent Pty Ltd, protecting both parties from potentially significant financial losses.

 

5. Costs

 

Each party involved in dispute resolution bears its own costs, ensuring a fair sharing of expenses related to the resolution process. The parties may agree to share the costs of dispute resolution; however, if they cannot agree, each party will bear their own costs.

 

6. Waiver of Jury Trial

 

By enrolling in the Creator+ Program, participants waive their right to a jury trial in any legal proceeding arising from the program. This waiver allows Nest Talent Pty Ltd to manage the cost and timing of potential legal proceedings.

 

7. Exclusions

 

Certain claims may be excluded from the dispute resolution process, focusing the efforts on addressing the most common types of disputes.

 

8. Appeals

 

If a party is dissatisfied with the outcome of the dispute resolution process, procedures for appealing the decision will be outlined. A party dissatisfied with the outcome of mediation, for example, must file an appeal within 30 days of the decision being issued. The appeals process will be governed by the rules of the arbitral institution chosen to hear the dispute.

 

9. Severability

 

Should any portion of this dispute resolution policy be deemed invalid or unenforceable, the remaining provisions shall remain in effect.

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For questions or concerns related to this policy, please contact us at hello@nesttalent.com.