Terms and Conditions
IBA, TDi BUSINESS ACCELERATOR PROGRAM
TERMS AND CONDITIONS
Definitions
IBA means Indigenous Business Australia.
TDi means The Difference Incubator
You or ‘the applicant’ means the person or persons applying for the Accelerator Program
Introduction
1. By submitting your application, you agree to these terms and conditions.
2. Applications must comply with these terms and conditions to be valid and accepted.
a) Period to apply: Applications close at 5.30pm (AEST) on 30 November 2018.
Who can apply
3. If applying as an individual:
a) you must be of Aboriginal and/or Torres Strait Islander descent; and
b) you must be aged 18 or over.
4. If applying as a business, at least 50% of the ownership of the business is by a person(s) of Aboriginal and/or Torres Strait Islander descent.
How to submit your application
5. Applicants must complete and submit the application form available on the website portal.
6. Applications that do not comply with these terms and conditions are invalid and will not be accepted.
Selection of successful applicants
7. An evaluation panel comprising of IBA and TDi (Evaluation Panel) will assess all applications against the evaluation criteria determined by IBA in its sole discretion.
8. Shortlisted applicants will be invited to attend a second-round evaluation process. Details of the second-round evaluation process will be given to shortlisted applicants at that time.
9. The Evaluation Panel’s decision will be final, and no correspondence will be entered into. IBA will not disclose any details regarding the Evaluation Panel’s assessment of applications except where required to do so by law
Disqualification
10. IBA and TDi and reserves the right to disqualify any application that is:
a) deemed to contain information that is incorrect, misleading or fraudulent; or
b) defamatory, abusive, insulting, threatening, obscene, inflammatory, offensive or otherwise contain content which, in IBA and TDi’s opinion, is inappropriate or objectionable.
Intellectual property rights
11. You will retain any intellectual property rights in your application.
12. You grant IBA and TDi a perpetual, irrevocable, world-wide, royalty and payment free, transferable, sub-licensable right to exercise all of the intellectual property rights in your application for the purpose of assessing your application and conducting the application process.
13. You warrant that you have the right to grant the licences described above and do not infringe the intellectual property rights of any other person.
14. You hereby indemnify IBA and TDi against any third-party liabilities, claims, costs, expenses (including legal costs), loss or damage incurred by IBA and TDi as a result of your breaching the above clause 13.
Privacy
15. The information you provide in your application will be used by IBA and TDi for the purpose of conducting the application process and may also be used for the purposes specified in the IBA’s privacy policy. IBA’s privacy policy is available on IBA’s website: http://www.iba.gov.au/privacy/
16. IBA and TDi may disclose your personal information to companies and agencies connected with the Accelerator Program, for the purposes of carrying out the Accelerator Program.
17. For the purposes of the Aboriginal and Torres Strait Islander Act 2005 (Cth), you authorise IBA to release, and consent to IBA using, information concerning your affairs for the purposes of assessing your application and conducting the application process.
Limitation of liability
18. Except for any liability that cannot be excluded by law, IBA and TDi (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including but not limited to indirect or consequential loss) or for any death, illness, personal injury or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, this application process.
19. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, IBA and TDi (including its officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, the application process.
20. IBA and TDi accept no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected applications, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. IBA and TDi have no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.
Miscellaneous
21. You are responsible for obtaining your own independent legal and financial advice regarding these terms and conditions.
22. All times listed in these terms and conditions of are Australian Eastern Daylight Time (AEDT).
23. IBA reserves the right to amend these conditions at any time. If any changes are made, IBA will notify the public via its website.
24. These terms and conditions will be construed according to the laws of New South Wales and applicants submit to the exclusive jurisdiction of the courts of that State.
25. Including” is not a word of limitation.
26. A reference to a person includes an individual, a firm, a body corporate, a partnership and an unincorporated association.
27. Failure by IBA and TDi to enforce any of its rights at any stage does not constitute a waiver of those rights.
28. If a word or phrase is given a defined meaning, any other part of speech or grammatical form of that word or phrase has a corresponding meaning.
29. A word importing the singular includes the plural (and vice versa).
30. If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms shall nevertheless continue in full force.
31. Nothing in these terms and conditions is to be interpreted against IBA and TDi solely on the grounds that IBA and TDi put forward these terms and conditions or any part of them.