ATech Boost Incubator Round 1 Terms and Conditions
These terms and conditions (the "Terms & Conditions") govern your participation in the ATech Boost Incubator Program - Round 1 ("The Program") and are an agreement between ATech Services Pty Ltd (The Provider) and you, the program participant ("The Participant","you" or "your").
Your participation in The Program is governed by these Terms & Conditions and any additional terms stated in The Program Guidelines.
INCLUSIONS
The Program provides The Participant with The Services described in The Program Guidelines.
VARIATIONS
We reserve the right to amend these Terms & Conditions at any time by publishing an updated version on the Program website. The revised Terms & Conditions will take effect upon publication. By continuing to participate in the Program after the effective date of any changes to these Terms & Conditions, The Participant agrees to abide by the updated Terms & Conditions. It is The Participant's responsibility to monitor the Program website regularly for any alterations to these Terms & Conditions.
PARTICIPATION
Only successful applicants selected in accordance with The Program Guidelines will be invited to participate in The Program. The Participant must have completed the application process, and been selected by The Program selection panel.
If the participant fails to provide thorough and precise information during the application process, their participation in the program may be postponed or disqualified. Information regarding the participant's selection and the program will be sent to the email address provided during registration.
TERMINATION
The Provider reserves the right to modify or cancel the Program at any time. Additionally, the Provider may suspend or terminate The Participant's access to the Program, including any part of it or The Participant's use of The Services received, for any reason, especially if The Participant violates these Terms & Conditions. If The Participant's participation is suspended or terminated, The Participant must promptly discontinue using all of The Services.
COMPLIANCE
The Participant warrants that it will at all times comply with relevant laws in Australia relating to privacy and data protection including, without limitation, the Privacy Amendment (Enhancing Privacy Protection) Act 2012 (Cth), the Australian Privacy Principles, the Competition and Consumer Act 2010 (Cth), the Fair Trading Act applicable in the relevant state or territory and/or other laws, regulations, directions or guidelines released by any statutory body in Australia in connection with the provision of The Services (the Privacy Laws). The Participant authorises and directs the Provider to comply with the Privacy Laws. The Participant agrees to indemnify and keep indemnified the Provider in relation to any loss or damage suffered by any party as a result of any breach of this clause by The Participant.
The Participant warrants that it will only use the provided Cloud Hosting Credits for an Eligible Purpose. The Participant agrees and acknowledges that The Participant is participating in the Program as part of The Participant's business or professional activities, and not as a consumer or for personal use. You represent to us that you are authorised to enter into these Terms & Conditions on behalf of The Participant for the Program.
The Participant acknowledges that The Provider has no obligation to provide further services, benefits or assistance in excess of The Program or beyond the Term. For the avoidance of doubt, The Participant is responsible for all services and costs not expressly covered by The Program. I.e. The Participant is responsible for migration of systems onto and off of the cloud hosting platform; The Participant is responsible for website development and maintenance etc.
INDEMNITY
The Participant agrees to indemnify the Provider against and hold the Provider harmless from any and all claims, actions, losses, costs and expenses the Provider may incur as a result of:
any breach by The Participant of these Terms & Conditions;
any third party claim in relation to information passing through The Services to or from The Participant;
any third party claim in relation to the interception of communications by The Services; and
any third party claim in relation to The Participant’s use of The Services in breach of Privacy Laws,
except to the extent that such claim, action, cost, loss or expense under this clause is directly caused by a grossly negligent or criminal act by the Provider or its employees, officers, agents or contractors.
PARTICIPANT OBLIGATIONS
The Participant agrees to:
Provide The Provider with required information and reports specified in The Project Guidelines, and ensure that any such information provided is true and accurate in all material respects;
Use best endeavours to achieve successful commercialisation of The Provider’s product or service in alignment with the information provided in the application;
Not novate, assign, transfer or subcontract its obligations under these Terms & Conditions, or its rights to The Services without the prior written consent of The Provider;
Promptly notify The Provider of any breach of these Terms & Conditions, or any substantial change in business activities;
Comply with all relevant laws, codes of practice and standards applicable to operation of The Participant’s business;
Comply with The Program Guidelines;
Not do anything or become involved with any situation which, in the reasonable opinion of The Provider, reflects unfavourably upon The Provider;
At all times during the Term, remain solvent, and in The Provider’s reasonable opinion, be in a sustainable financial position;
Provide access to The Participant’s hosted application environment for the purposes of auditing compliance if requested by The Provider; The Provider will not access the hosted application environment for any other purpose unless agreed to in writing between the parties, or as required by law.
Communicate with The Provider and provide information as reasonably required by The Provider.
PROMOTION
The Participant's company name, website, and contact information may be included in directories or resources linked to the Program or on The Provider's website. By joining the Program, The Participant gives The Provider a nonexclusive, global, royalty-free licence to utilise The Participant's name, website, contact details, and any trademarks, logos, URLs, or other identifying content The Participant provides in connection to The Program for directories, customer lists, presentations, and marketing materials. The Provider may reproduce, publish, distribute, and translate this content.
The Participant agrees to make their officers available for media opportunities, and to actively promote The Program.
There is no agency relationship between parties, and neither has authority to bind the other.
SERVICE CREDITS
The Provider does not guarantee availability of The Service or response time during The Program. The Participant will not be provided with service credits in the unlikely event of system downtime.
HOSTING TERMS
The Provider's standard Hosting Terms of Use apply. See http://www.atech.host/terms-use. These terms of use are subject to change. These Terms & Conditions shall take precedence over any conflicting terms and definitions contained within the Hosting Terms of Use.
DISCLAIMER
The Provider makes no warranties of any kind, whether expressed or implied, for The Services provided under the Program. The Provider specifically disclaims any implied warranties of merchantability or fitness for a particular purpose. Further, The Provider shall not be responsible for any damages The Participant may suffer, including but not limited to, loss of data resulting from delays, non-deliveries, or service interruptions by any cause or errors or omissions of The Participant. Use of any information obtained by way of The Provider is at The Participant's own risk, and The Provider specifically denies any responsibility for the accuracy or quality of information obtained through The Service.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, The Provider shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if The Provider has been advised of the possibility of such damages), resulting from:
(i) the use or the inability to use The Services;
(ii) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from The Services;
(iii) unauthorised access to, or alteration of, The Participant's transmissions or data;
(iv) statements or conduct of any third party on The Services;
(v) or any other matter relating to The Services.
GOVERNING LAW
These Terms & Conditions and any disputes arising out of or related to The Program shall be governed by and construed in accordance with the laws of the State of Queensland, Australia, without giving effect to its conflict of laws provisions. Any legal action or proceeding related to this document shall be brought exclusively in courts located in Queensland, Australia, and each party consents to the jurisdiction thereof.
DEFINITIONS
The terms applied in this document are defined as follows:
- The Participant: The business or entity that has agreed to the Terms & Conditions for participating in The Program and utilising The Services provided by The Provider.
- Cloud Hosting Credits: The monetary or service value allocated to The Participant for the use of The Provider's hosting services as part of The Program.
- Eligible Purpose: The purposes for which The Participant may use The Services as specified in The Program Guidelines.
- The Program Guidelines: The specific guidelines and rules outlining the conditions and uses of The Services as part of The Program as detailed in The ATech Boost Incubator Round 1 Guidelines document as amended.
- Hosting Terms of Use: The standard terms that govern the use of The Provider's hosting services, accessible at the provided URL.
- The Services: The benefits and resources provided to The Participant by The Provider under The Program, including cloud hosting, technical consultation, and mentoring.
- Privacy Laws: The relevant legal statutes and regulations that govern the handling of personal data by The Participant in the use of The Services.
- The Term: The period from the Commencement Date and concluding 12 calendar months after.
- Commencement Date: The start date of The Program as notified to The Participant by email.