1 Defined terms and interpretation
1.1 Defined terms
In these Terms and Conditions, unless the context otherwise requires:
Affiliates means, in relation to Generation Innovation, any sponsor, business partner or other entity or organisation that supports or works closely with Generation Innovation.
Business Day means any day other than a Saturday, Sunday or public holiday in Sunshine Coast, Australia.
Confidential Information means information about Generation Innovation’s operations, programs, systems and services (including the GI Challenge) but does not include information which:
- was, at the time the information was provided, available to the general public;
- becomes, at a later date, available to the general public (other than as a result of a breach of these Terms and Conditions) and then only after the later date;
- the recipient can show (i) was in its possession before the information was provided by or on behalf of Generation Innovation or (ii) was developed independently by the recipient without reference to the information provided by or on behalf of Generation Innovation or
- was disclosed to the recipient on a non-confidential basis by a third party who has the lawful right to disclose the information to the recipient.
Chairperson means the business mentor allocated to Entrepreneurs as part of the GI Challenge.
End Date means the day the participant ceases to be an Entrepreneur in the GI Challenge.
Entrepreneur means any person who is accepted by Generation Innovation to participate in the GI Challenge.
Generation Innovation means Generation Innovation Ltd (ABN 67 169 658 708) the registered business/charity and includes all directors, employees, volunteers.
GI Challenge means the event of the same name which is operated by Generation Innovation and which is designed to support young entrepreneurs and combat youth unemployment.
Intellectual Property includes copyright, all rights conferred under statute, common law or equity in relation to inventions (including patents), registered and unregistered trade marks (including names, labels, get-up, colour schemes, logos, patterns or other identifying marks), registered and unregistered designs, circuit layouts, proprietary and other software, Confidential Information, trade secrets, and all other rights resulting from intellectual activity in the industrial, scientific, literary or artistic fields, together with all right, interest, or licence in or to any of the foregoing.
Investor means any company and/or person who makes a donation in favour of the GI Challenge.
Parental consent means the informed, written consent given by a parent or guardian of somebody under the age of 18 who wishes to participate in the GI Challenge.
Workshop means the training and development sessions which will occur on dates to be advised by Generation Innovation.
In these Terms and Conditions, unless the context otherwise requires:
- references to clauses and schedules are references to clauses of and schedules to these Terms and Conditions;
- the headings to clauses shall be ignored in construing these Terms and Conditions;
- the plural includes the singular and vice versa;
- any party to these Terms and Conditions includes its successors and permitted assignees and transferees;
- a statute includes that statute as amended and includes any statute replacing that statute, and any regulations, orders in council and other instruments issued or made under that statute;
- the word includingand other similar words do not imply any limitation;
- a personincludes any individual, firm, corporation, association of persons (corporate or not), trust, government department or municipal authority (in each case whether or not having separate legal personality);
- derivatives of any defined word or term shall have a corresponding meaning;
- a reference to any document or agreement includes a reference to any document or agreement as amended, novated or replaced;
- an obligation not to do something includes an obligation not to suffer, permit or cause that thing to be done.
These Terms and Conditions will commence on the date that the Entrepreneur indicates acceptance of these Terms and Conditions and will terminate on the End Date, unless terminated earlier.
3 Role Played by Generation Innovation
3 .1 General Obligations
Generation Innovation will support the Entrepreneurs in the GI Challenge by providing:
- Mentoring; and
- Seed funding (where appropriate).
All of the above are subject to resourcing and the extent of support provided will be determined by Generation Innovation at it sole discretion.
3 .2 Mentoring
Generation Innovation will make business mentors available to participants in the GI Challenge. The mentoring relationship will subsist for the duration of the GI Challenge and potentially for an additional period of up to three months (3) months for those teams that progress through the GI Challenge and then extended for a further three months subject to agreement from Generation Innovation, the relevant mentor and the relevant Entrepreneurs.
3.3 Seed Funding
Generation Innovation will provide seed funding for Entrepreneurs’ projects at its sole discretion. Entrepreneurs must have first attended the two (2) scheduled workshops, completed a business plan and budget and obtained approval from their ‘Chairperson’ and endorsement by Generation Innovation.
Generation Innovation warrants that:
- it has the power and is entitled to grant to the Entrepreneurs the rights contained in these Terms and Conditions;
- Generation Innovation and any activities related to, or connected with, Generation Innovation will be managed and promoted in accordance with all applicable laws, rules and regulations and good practice;
- it has obtained (or will obtain) all necessary consents and approvals to enable it to perform its obligations and run all charitable events, activities and/or challenges.
4 Role Played by Entrepreneurs
4.1 General obligations
- Entrepreneurs aged under 18 must obtain parental consent to participate in the GI Challenge;
- Entrepreneurs must be able to work in a team environment;
- Entrepreneurs must not infringe the intellectual property rights of others;
- Entrepreneurs must not bring the reputation of Generation Innovation into disrepute.
4.2 Costs of participating in the GI Challenge
The Entrepreneur is responsible for meeting the costs of:
- their transport to Workshop venues and other meeting places that are part of the GI Challenge, although the organisers will seek to provide transport where needed and where possible;
- their own meals and personal requirements at Workshops and other GI events, although the organisers will seek to provide meals at both Workshops; and
- any additional costs incidental to the project and/or idea that is not covered by Generation Innovation and/or by its affiliates.
5 Group Activities
5.1 Liability of Group Activities
In addition to any other liability arising out of these Terms and Conditions the Entrepreneur will be liable for all losses, damages, costs or expenses suffered due to participation in the GI Challenge.
6.1 Immediate termination by Generation Innovation
Generation Innovationmay request an Entrepreneur leave the GI Challenge if it considers it reasonably necessary.
6.2 Immediate termination by the Participant
The Entrepreneur may elect to leave the GI Challenge if he or she is unwilling or unable to continue participating.
6.3 Effect of termination
- the Entrepreneur will no longer:
- Attend GI Challenge events;
- Receive mentoring; or
- Be eligible to receive seed capital from Generation Innovation
Unless otherwise agreed by Generation Innovation;
- the Entrepreneur forfeits any seed capital already distributed by Generation Innovation;
- the Entrepreneur will return all property that belongs to Generation Innovation and/or its affiliates, and
- the Entrepreneur will cease using the rights granted to it under these Terms and Conditions.
7 Privacy and Disclosure of Personal Information
7.1 Personal Information
In this clause, personal information means any information (fact or opinion) that readily identifies a person – such as a name, address, age, payroll number, education standards/qualifications, physical characteristics, employment history, financial status, licence number, religion, health information or relationship details.
7.2 Where Generation Innovation has access to personal information in order to fulfil its obligations under this contract, it must:
- where Generation Innovation is responsible for holding personal information, ensure that personal information is protected against loss, unauthorised access, use, modification or disclosure, and other misuse;
- not use personal information other than for the purposes of Generation Innovation Challenges and/or Charitable purposes unless required or authorised by law; and
- not disclose personal information without the written agreement of the Director’s, unless authorised by law.
8.1 Use of Confidential Information
The Entrepreneur will use Confidential Information solely for the purposes of participating in the GI Challenge.
The Entrepreneur will not disclose any Confidential Information except:
- with Generation Innovation’s express prior written consent;
- as required by law (provided that the Entrepreneur will use all reasonable endeavours to notify Generation Innovation prior to making that disclosure).
8.3 Return of Confidential Information
The Entrepreneur will return to Generation Innovation or, at the participant’s option, destroy and confirm in writing the destruction of all records and copies of the Confidential Information held by the Entrepreneur or his or her agents or associates immediately on Generation Innovation’s request.
8.4 Security measures
The Entrepreneur will at all times maintain adequate security measures to prevent the Confidential Information being used or disclosed other than as permitted by these Terms and Conditions.
9 Intellectual Property
9.1 Ownership of Intellectual Property at time of Agreement
- Any Intellectual Property owned by Generation Innovation at the date these Terms and Conditions are accepted will remain the property of Generation Innovation throughout the GI Challenge;
- Any Intellectual Property owned by the Entrepreneur at the date these Terms and Conditions are accepted will remain the property of the Entrepreneur throughout the GI Challenge;
9.2 Intellectual Property during and/or after challenge
- Intellectual Property developed throughout the GI Challenge is owned by the Entrepreneur/s who originated it and will remain the property of those Entrepreneurs upon conclusion of the GI Challenge.
- Such ownership is not subject to challenge or claim by Investors who donate to the GI Challenge.
9.3 Liability of Intellectual Property
In addition to any other liability arising out of these Terms and Conditions the Entrepreneur will be liable for all losses, damages, costs or expenses suffered by any breach of their intellectual property rights.
The Entrepreneur will indemnify and hold Generation Innovation, harmless against all costs, losses, expenses, claims, actions, suits, judgments, damages, penalties, obligations or liabilities (properly sustained or incurred by it directly or indirectly) made by any third party in relation to, or in connection with, these Terms and Conditions.
Any variation to these Terms and Conditions must be agreed by both parties and evidenced in writing.
The Entrepreneur may not assign these Terms and Conditions or any rights or obligations under these Terms and Conditions without Generation Innovation’s prior written consent.
11.3 No waiver
Neither party is deemed to have waived any right under these Terms and Conditions unless the waiver is in writing. A failure to exercise or delay in exercising any right will not operate as a waiver of that right. Any such waiver will not constitute a waiver of any subsequent or continuing right or of any other provision of these Terms and Conditions.
Each party will bear its own costs in relation to the observance of these Terms and Conditions.
These Terms and Conditions are governed by the laws of Queensland and the Commonwealth of Australia.