TERMS & CONDITIONS

1. Our Disclosures

Our complete terms and conditions are contained below, but some important points for you to know before you become a customer are set out below:we will handle your personal information in accordance with our privacy policy, available at www.startmate.com.au; to the maximum extent permitted by law, the Fees are non-refundable unless you cancel participation in the Startmate Program at least 1 week prior to its commencement; subject to your rights as a consumer under the Australian Consumer Law, you have not relied on any representations or warranties made by us prior to accepting these Terms that are not included in these Terms; and subject to your rights as a consumer under the Australian Consumer Law, our liability under these Terms is limited to the value of the Fees paid by you to us, and we will not be liable for Consequential Loss.Nothing in these terms limit your rights under the Australian Consumer Law.

2. Welcome to the Startmate Program!

[2.1] These terms and conditions (Terms) are entered into between Startmate Ops Pty Ltd ABN 11 618 178 957 (we, us or our) and you, together the Parties and each a Party.
[2.2] You have registered, or will register, for one of the programs outlined on our Site (Startmate Program).
[2.3] You accept these Terms by:  
(a) clicking “I accept”;    
(b) paying us part or all of the Fees; or        
(c) your conduct, for example, by participating in the Startmate Program, including on the basis of a scholarship.
[2.4] By accepting these Terms:      
(a) it is understood that you have read and agreed to these Terms; and      
(b) you warrant that you meet the eligibility criteria for the relevant Startmate Program as outlined on our Site.        
(c) you confirm you are over 18 years of age.
[2.5] No variation or amendment to these Terms, or commitment or representation relating to it, shall be valid unless confirmed in writing by us.

3. Startmate Program  

[3.1] In consideration for the Fees (or $1 payable on demand if you are participating in the Startmate Program on a scholarship), and subject to your compliance with these Terms, we will provide the Startmate Program to you, whether ourselves or through our Personnel or a third party.

4. Opportunities and introductions

[4.1] During the course of the Startmate Program, many opportunities are likely to present themselves – this is what it is all about! The creation of these opportunities is assisted by the generous support of our corporate sponsors, who provide time, energy, and in some cases, financial assistance. Throughout the Startmate Program you will hear from various entrepreneurs and operators, some of whom will be Coaches.    
[4.2] We encourage you to make the most of these opportunities and to take the time to meet and speak with the founders, entrepreneurs and operators, and make the most of the access to the Coaches. Please note that our role when it comes to these opportunities is strictly limited to bringing interested parties together. Where you take these relationships and whether and how you engage with people and entities you are introduced through the Startmate Program is up to you and we take no responsibility for this. For example, during the course of the Startmate Program, you may be made certain offers (such offers for employment or internships) by third parties (including sponsors and people acting for those sponsors). Participation or agreement to such offers is not a requirement of the Startmate Program and we are not responsible in any way in connection with this, and you enter into these arrangements at your own risk.
[4.3] We make no representations or guarantees as to any person or entity that we introduce you to and you should make your own enquiries and get advice as required, as to whether entering into an arrangement is right for you.  

• to assess your application and complete any due diligence;
• to invest in your company and undertake any associated transactional steps;
• to send you welcome packs and other onboarding materials;
• to ensure we comply with our legal requirements under any applicable laws and resolve any disputes we may have;
• for internal record keeping and administrative purposes;
• to contact and communicate with you; and/or
• to provide advice, support and ongoing commercial assistance.

5. WHEN WE DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information to:

• our employees, contractors and related entities;
• third party service providers for the purpose of enabling them to provide their services, to us, including (without limitation) IT service providers, legal and regulatory partners, marketing or advertising providers,
  professional advisors and payment systems operators;
• our portfolio entities or other entities or persons where we are introducing you to them;
• when collected as part of one of the startup community programs, certain information may be shared with other program participants and mentors;
• our existing or potential agents or business partners
• sponsors or promoters of any promotions or competition we run;
• anyone to whom our business or assets (or any part of them) are, or may (in good faith) be, transferred;
• courts, tribunals and regulatory authorities, in the event you fail to pay for goods or services we have provided to you;
• courts, tribunals, regulatory authorities (including the Australian Taxation Office, New Zealand Inland Revenue Department, Australian Investments and Securities Commission, the New Zealand Companies Office and similar overseas regulatory bodies) and law enforcement officers, as required or authorised by law, including as a result of Australia and New Zealand’s participation in the Common Reporting and Standard and Foreign Account Tax Compliance Act, where there are foreign indicia on your account,  in connection with any actual or prospective legal proceedings and/or in order to establish, exercise or defend our legal rights;
• third parties to collect and process data, such as Google Analytics; and
• any other third parties as required or permitted by law, such as where we receive a subpoena.

6. Disclosure of your personal information to overseas recipients

Your personal information may be transferred outside of the country in which you are located.

If you are based in Australia, unless we seek and receive your consent to an overseas disclosure of your personal information, we will only disclose your personal information to countries with laws which protect your personal information in a way which is substantially similar to the Australian Privacy Principles and/or we will take such steps as are reasonable in the circumstances to require that overseas recipients protect your personal information in accordance with the Australian Privacy Principles.

If you are based in New Zealand, before disclosing any personal information to an overseas recipient, we will comply with Information Privacy Principle 12 and only disclose the information if:

• you have authorised the disclosure after we expressly informed you that the overseas recipient may not be required to protect the personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act;
• we believe the overseas recipient is subject to the New Zealand Act;
• we believe that the overseas recipient is subject to privacy laws that, overall, provide comparable safeguards to those in the New Zealand Act;
• we believe that the overseas recipient is a participant in a prescribed binding scheme;
• we believe that the overseas recipient is subject to privacy laws in a prescribed country; or
• we otherwise believe that the overseas recipient is required to protect your personal information in a way that, overall, provides comparable safeguards to those in the New Zealand Act (for example pursuant to a data transfer agreement entered into between us and the overseas recipient).

7. Your rights and controlling your personal information

Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not it may affect our ability to provide our Services to you and your use of our Services.

Please read this Privacy Policy carefully. If you provide personal information to us, you understand we will collect, hold, use and disclose your personal information in accordance with this Privacy Policy. You do not have to provide personal information to us, however, if you do not it may affect our ability to provide our Services to you and your use of our Services.

If we receive personal information about you from a third party, we will protect it as set out in this Privacy Policy. If you are a third party providing personal information about somebody else, you represent and warrant that you have such person’s consent to provide the personal information to us.

Where practicable, we will give you the option of not identifying yourself or using a pseudonym in your dealings with us.

You may request access to the personal information we hold about you, or request that we change the personal information, by contacting us in the manner outlined below. An administrative fee may be payable for the provision of such information. Please note, in some situations, we may be legally permitted to withhold access to your personal information. If we cannot provide you with to your information as requested, you will be notified as soon as reasonably possible, and we will provide you with the reasons for our refusal and any mechanism available to complain about the refusal. If we can provide access to your information in another form that still meets your needs, then we will take reasonable steps to give you such access.

If you believe that any information, we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, please contact us using the details below. We will take reasonable steps to promptly correct any information found to be inaccurate, out of date, incomplete, irrelevant, or misleading. Please note, in some situations, we may be legally permitted to not correct your personal information. If we cannot correct your information, we will advise you as soon as reasonably possible and provide you with the reasons for our refusal and any mechanism available to complain about the refusal.

You may also request that we restrict the use of your personal information for direct marking purposes by contacting us using the contact details below. Alternatively, to unsubscribe from our e-mail database or opt-out of communications (including marketing communications) you may use the opt-out facilities provided in the communication.

If you wish to make a complaint, you may do so by providing your written complaint to any one of our contact details as noted below. Where possible, the complaint should include enough information to help us resolve it. We will respond to promptly investigate your complaint and respond in writing, setting out the outcome of our investigation and the steps we will take in response to your complaint.

If you are not satisfied with our response to a complaint and you are in Australia, you may lodge a complaint with the Office of the Australian Information Commissioner, and if you are in New Zealand, you may contact the Office of the New Zealand Privacy Commissioner.

8. COOKIES

We may use cookies on our website from time to time. Cookies are text files placed in your computer & browser to store your preferences. Cookies, by themselves, do not tell us your email address or other personally identifiable information. However, they do allow third parties, such as Google and Facebook, to cause our advertisements to appear on your social media and online media feeds as part of our retargeting campaigns. If you choose to provide our website with personal information, this information may be linked to the data stored in the cookie.

9. STORAGE AND SECURITY

We are committed to ensuring that the personal information we collect is secure. We hold your personal information:

• in a variety of formats including on databases, in hard copy files and on personal devices, including laptop computers; and
• only for as long as is reasonably necessary for the purpose for which it was collected or to comply with any application legal reporting or document retention requirements

To prevent unauthorised access or disclosure, we have put in place industry standard physical, electronic, and managerial procedures and security measures, to safeguard and secure personal information and protect it from misuse, interference, loss and unauthorised access, modification, and disclosure.

While we are committed to security, we cannot guarantee the security of any information that is transmitted to or by us over the Internet. The transmission and exchange of information is carried out at your own risk.

10. LINKS TO OTHER WEBSITES

11. OUR RIGHT TO VARY THIS POLICY

For any questions or notices, please contact our Privacy Officer: