These terms and conditions govern your Candidateship and your use of the benefits provided by SiliconWest to you as a Candidate.
In these terms and conditions:
SiliconWest is referred to as we, us and our; you as the candidate is referred to as you and your; a reference to a ‘Candidate’ means any person who has applied to us for Candidateship and has been granted Candidateship status in accordance with the guidelines set by us. A Candidate may also be a ‘Founder Candidate’. This is a designation given by us to the person who identifies as being the founder of the startup business described in their application to us for Candidateship; a reference to ‘Premises’ means all premises occupied by us (and all equipment, fixtures and fittings located in these Premises) to which you are given access as part of your Candidateship; and a reference to Guest means any person who is not a Candidate who you invite onto the Premises to meet with you for business purposes (including an intern, agent, volunteer, supplier, customer or client).
You must also ensure that any person who enters the Premises at your invitation who is not a Candidate (including but not limited to an intern, agent, volunteer or guest) (Guest) complies with these terms and conditions.
You must comply with all Australian laws and regulations that govern the conduct of your business.
You must not do anything, in connection with your Candidateship, that is illegal, that may cause any nuisance or annoyance, increase the insurance premiums we have to pay, or harm our reputation or that may cause us loss or damage.
To the maximum extent permitted by applicable law, we are not liable to you in respect of any loss or damage you suffer in connection with your Candidateship or with the use of the Premises.
Subject to clause 14(c) all implied guarantees, conditions, warranties and other rights implied by law or custom or other circumstance are excluded.
Where is it not lawful to exclude guarantees, conditions, warranties or other rights implied by law, including under the Australian Consumer Law, our liability to you for any breach of such implied guarantees, conditions, warranties or other rights will (but only the extent allowed by law) be limited (at our option): in the case of goods supplied, to the replacement or repair of the goods or the supply of equivalent goods the payment of the cost of repairing or replacing the goods or of acquiring equivalent goods;
in the case of services supplied, to the supplying of the services again or the payments of the costs of having the services supplied again.
Subject to the provisions of clause (c) and despite any implication arising from any other clause in these terms and conditions, we are not liable to you in contract, negligence or other tort or for breach of statutory duty for, or in respect of, any loss or damage suffered by you (or any other person claiming through you) arising out of act or omission in connection with these terms and conditions.
Your Liability to Us
You agree to indemnify us and our personnel, our and their successors and assignees (in this clause “those indemnified”), against any and all loss or damage that those indemnified may sustain or incur in connection with: personal injury, death and tangible property damage arising out your negligent acts or omissions and those of your Guests; unlawful conduct or wilful misconduct by you or your Guests; fraud by you or your Guests; misrepresentation by you or your Guests; and any breach of any laws by you or your Guests. In the event of any loss or damage to the Premises or property on the Premises caused by you, you must promptly replace or repair the damaged or destroyed property.
Our insurance covers us in respect of any loss or damage that is caused to our property. Our insurance does not directly provide cover to you.
You must take out and maintain during your Candidateship: a comprehensive public liability insurance policy, for an insured sum of not less than $20 million, covering amounts which you may become legally liable to pay consequent upon:injury to a person; and loss of, or damage to, real or personal property (including the loss of use thereof); and a workers compensation insurance policy that is effective in the location(s) in which you conduct business in respect of all claims and liabilities, whether at common law or under statute, relating to your liability as an employer in respect of any accident or injury to any person employed by you for such amount that is required under the applicable workers compensation legislation.
You must comply with all of the terms and conditions of any insurance policy taken out under this clause.
You must on request being made by us, promptly provide to us copies of any insurance policy taken out under this clause together with a certificate of currency for that insurance policy.
Any notice under these terms and conditions must be in legible writing and in English.
We will send notices to you either by giving the notice to you or by sending the notice to you by email to the email address provided by you to us.
You must send any notice to us by email to the email address provided by us to you.
Any notice under these terms and conditions is regarded as being given by the sender and received by the addressee:
if by delivery in person, when delivered to the addressee; or
if by email, on the Business Day after the day on which the notice was sent provided that the sender has not received an automated message to the effect that delivery of the email failed or that the recipient is ‘out of office’.
These terms and conditions supersede all prior arrangements, understandings or agreements between us and you.
We may change these terms and conditions by giving you written notice as the day on which the change will take effect and what action taken by you will be deemed to be acceptance. A right in favour of a party under these terms and conditions can only be waived by a document signed by that party. No other act, omission or delay of that party constitutes a waiver binding, or estoppel against, the Investor.
A single or partial exercise or waiver by a party of a right relating to these terms and conditions does not prevent any other exercise of that right or the exercise of any other right. You will be notified in writing if these terms and conditions are to be changed.
We and you must use reasonable efforts to do all things necessary or desirable to give full effect to these terms and conditions.
If any provisions of these terms and conditions is held void or unenforceable under the applicable law, the other provisions shall remain in force.
These terms and conditions are governed by the laws of the State of New South Wales. Each of us submits to the non-exclusive jurisdiction of courts exercising jurisdiction there in connection with all matters concerning these terms and conditions.
Terms and conditions as at 9 Feb 2021.