1.1 Your use of Business Accelerator Australia’s products, software, services and web sites (referred to collectively as the “Services” in this document) is subject to the terms of a legal agreement between you and Business Accelerator Australia. “Business Accelerator Australia” means Business Accelerator Australia Pty Limited, whose principal place of business is at 16 O’Connell Street, Sydney NSW 2000. This document explains how the agreement is made up, and sets out the terms of that agreement.

1.2 Unless otherwise agreed in writing with Business Accelerator Australia, your agreement with Business Accelerator Australia will always include, at a minimum, the terms and conditions set out in this document.

1.4 The Terms form a legally binding agreement between you and Business Accelerator Australia in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.

2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.

2.2 You can accept the Terms by:

(A) clicking to accept or agree to the Terms, where this option is made available to you by Business Accelerator Australia in the user interface for any Service; or

(B) by actually using the Services. In this case, you understand and agree that Business Accelerator Australia will treat your use of the Services as acceptance of the Terms from that point onwards.

2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Business Accelerator Australia, or (b) you are a person barred from receiving the Services under the laws of the country in which you are resident or from which you use the Services.

2.4 Before you continue, you should print off or save a local copy of the Terms for your records.

3.1 Where Business Accelerator Australia has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with Business Accelerator Australia.

3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.

4.1 Business Accelerator Australia has subsidiaries and affiliated legal entities around the world (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of Business Accelerator Australia itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you.

4.2 Business Accelerator Australia is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Business Accelerator Australia provides may change from time to time without prior notice to you.

4.3 As part of this continuing innovation, you acknowledge and agree that Business Accelerator Australia may stop (permanently or temporarily) providing the Services (or any part thereof) to you or to users generally at Business Accelerator Australia’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Business Accelerator Australia when you stop using the Services.

4.4 You acknowledge and agree that if Business Accelerator Australia disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.

5.1 In order to access certain Services, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to Business Accelerator Australia will always be accurate, correct and up to date.

5.2 You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

5.3 You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Business Accelerator Australia. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Services.

5.4 You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services).

5.5 Unless you have been specifically permitted to do so in a separate agreement with Business Accelerator Australia, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

5.6 You agree that you are solely responsible for (and that Business Accelerator Australia has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Business Accelerator Australia may suffer) of any such breach.

6.1 You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services.

6.2 Accordingly, you agree that you will be solely responsible to Business Accelerator Australia for all activities that occur under your account.

6.3 If you become aware of any unauthorised use of your password or of your account, you agree to notify Business Accelerator Australia immediately at https://www.mycatapult.com.au/contact

7.1 For information about Business Accelerator Australia’s data protection practices, please read Business Accelerator Australia’s privacy principles at https://www.mycatapult.com.au/PrivacyPrinciples. This policy explains how Business Accelerator Australia treats your personal information, and protects your privacy, when you use the Services.

7.2 You agree to the use of your data in accordance with Business Accelerator Australia’s privacy policies.

8.1 You understand that all information that you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated or of Business Accelerator Australia. All such information is referred to below as the “Content”.

8.2 You should be aware that Content presented to you as part of the Services may be protected by intellectual property rights which are owned by the originator of the content. Specifically you should be aware that all designs, illustrations, videos and photographs are the property of Business Accelerator Australia. You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by Business Accelerator Australia or by the owners of that Content, in a separate agreement.

8.3 Business Accelerator Australia reserves the right (but shall have no obligation) to pre-screen, review, filter, modify, refuse or remove any or all Content submitted to the Service.

8.4 You understand that by using the Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the Services at your own risk.

8.5 You agree that you are solely responsible for (and that Business Accelerator Australia has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which Business Accelerator Australia may suffer) by doing so.

9.1 You acknowledge and agree that Business Accelerator Australia (or Business Accelerator Australia’s licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which exist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by Business Accelerator Australia and that you shall not disclose such information without Business Accelerator Australia’s prior written consent.

9.2 Unless you have agreed otherwise in writing with Business Accelerator Australia, nothing in the Terms gives you a right to use any of Business Accelerator Australia’s trade names, trade marks, service marks, logos, domain names, and other distinctive brand features.

9.3 Other than the limited license set forth in Section 10, Business Accelerator Australia acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Business Accelerator Australia, you agree that you are responsible for protecting and enforcing those rights and that Business Accelerator Australia has no obligation to do so on your behalf.

9.4 You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services.

9.5 Unless you have been expressly authorised to do so in writing by Business Accelerator Australia, you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organisation in a way that is likely or intended to cause confusion about the owner or authorised user of such marks, names or logos.

10.1 You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By submitting, posting or displaying the content you give Business Accelerator Australia a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive licence to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services.

10.2 You agree that this licence includes a right for Business Accelerator Australia to make such Content available to other companies, organisations or individuals with whom Business Accelerator Australia has relationships.

10.3 You understand that Business Accelerator Australia, in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this licence shall permit Business Accelerator Australia to take these actions.

10.4 You confirm and warrant to Business Accelerator Australia that you have all the rights, power and authority necessary to grant the above licence.

11.1 The Terms will continue to apply until terminated by either you or Business Accelerator Australia as set out below.

11.2 If you want to terminate your legal agreement with Business Accelerator Australia, you may do so by (a) notifying Business Accelerator Australia at any time and (b) closing your accounts for all of the Services which you use, where Business Accelerator Australia has made this option available to you. Your notice should be submitted via the “Contact Us” section on the Business Accelerator Australia web site at http://Business Accelerator Australia.com/contact_us.

11.3 Business Accelerator Australia may at any time, terminate its legal agreement with you if:

(A) you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or

(B) Business Accelerator Australia is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or

(C) the partner with whom Business Accelerator Australia offered the Services to you has terminated its relationship with Business Accelerator Australia or ceased to offer the Services to you; or

(D) Business Accelerator Australia is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or

(E) the provision of the Services to you by Business Accelerator Australia is, in Business Accelerator Australia’s opinion, no longer commercially viable.

11.4 Nothing in this Section shall affect Business Accelerator Australia’s rights regarding provision of Services under Section 4 of the Terms.

11.5 When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Business Accelerator Australia have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.

12.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 13 AND 14, SHALL EXCLUDE OR LIMIT Business Accelerator Australia’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.2 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

12.3 IN PARTICULAR, Business Accelerator Australia, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:

(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,

(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,

(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND

(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.

12.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

12.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Business Accelerator Australia OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.

12.6 Business Accelerator Australia FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

13.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 12.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Business Accelerator Australia, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY.. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;

(II) ANY CHANGES WHICH Business Accelerator Australia MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

(III) YOUR FAILURE TO PROVIDE Business Accelerator Australia WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

13.2 THE LIMITATIONS ON Business Accelerator Australia’S LIABILITY TO YOU IN PARAGRAPH 15.1 ABOVE SHALL APPLY WHETHER OR NOT Business Accelerator Australia HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

14.1 The Services may include hyperlinks to other web sites or content or resources. Business Accelerator Australia may have no control over any web sites or resources which are provided by companies or persons other than Business Accelerator Australia.

14.2 You acknowledge and agree that Business Accelerator Australia is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

14.3 You acknowledge and agree that Business Accelerator Australia is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

15.1 Business Accelerator Australia may make changes to the Terms from time to time. When these changes are made, Business Accelerator Australia will make a new copy of the Terms available at https://www.mycatapult.com.au/TOS.

15.2 You understand and agree that if you use the Services after the date on which the Terms have changed, Business Accelerator Australia will treat your use as acceptance of the updated Terms.

16.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.

16.2 The Terms constitute the whole legal agreement between you and Business Accelerator Australia and govern your use of the Services, and completely replace any prior agreements between you and Business Accelerator Australia in relation to the Services.

16.3 You agree that Business Accelerator Australia may provide you with notices, including those regarding changes to the Terms, by email or postings on the Services.

16.4 You agree that if Business Accelerator Australia does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Business Accelerator Australia has the benefit of under any applicable law), this will not be taken to be a formal waiver of Business Accelerator Australia’s rights and that those rights or remedies will still be available to Business Accelerator Australia.

16.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

16.6 The Terms, and your relationship with Business Accelerator Australia under the Terms, shall be governed by the laws of the territory of Hong Kong without regard to its conflict of laws provisions. You and Business Accelerator Australia agree to submit to the exclusive jurisdiction of the courts located there to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that Business Accelerator Australia shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

Latest Update 12 August 2017

These Privacy Principles applies to personal information we collect from users of our website (referred to as “you” or visitors). For the purposes of these Privacy Principles, personal information is information that is capable of identifying individuals i.e. users of, or visitors to, our website.

Your privacy is very important to Business Accelerator Australia and we will act in a responsible manner with respect to any personal information that we may collect from you. Our privacy principles include:

• Personal information that you have supplied to us can be used to provide you with the services that you have requested,
• Personal information can only be used help us provide a better service to you,
• Personal information will never be shared with or sold to any unrelated third party,
• Personal information can be shared with Business Accelerator Australia’s partners in providing services to you, but only where those partners agree to abide by these same privacy principles.

Business Accelerator Australia collects personal information directly from users of its website. We collect only information that is needed for a particular purpose. We collect information about you and your business.

We also collect security-related information in order to keep Business Accelerator Australia a safe experience for all.

Examples of the personal information we collect and/or track include:

• Your IP address and type of Web browser
• Your e-mail address when you communicate with Business Accelerator Australia via e-mail,
• Information knowingly provided by you in online forms, registration forms, surveys, and contest entries, and
• Information on what pages you access.

We use IP addresses to analyze trends, administer the site, track the general movements of users on the website, and to gather broad demographic information. Information about visits to the site will be aggregated with demographic information. However, as IP addresses are not linked to personal information by us, they are referenced here for completeness sake only.

We will not sell, share or rent this personal information to others. However, from time to time, we disclose personal information for the purposes listed below.

Sometimes, we may disclose personal information to outside partners to whom we contract out limited and specialised functions (eg customer service centres). However, if we do so, we only disclose personal information that the relevant partner needs to be able to provide the service to Business Accelerator Australia. Also, we take steps to ensure that our partners handle personal information in accordance with our Privacy Principles, and do not use or disclose personal information for any purpose other than the provision of services to Business Accelerator Australia.

Otherwise, our approach is to disclose personal information only if required or authorised by law (eg to local or international law enforcement agencies).

You may opt out of having personal information about you used by Business Accelerator Australia for marketing and other contact purposes. To opt out, you need to make your request by contacting Business Accelerator Australia via e-mail at hello@mycatapult.com.au or web submission form.

From time-to-time, our website and Service may request personal information from users via surveys or contests. The provision of this information is optional (ie you only need to provide it if you wish to participate in the survey or to enter the contest or competition). Personal information requested may include contact information (such as name and address), and demographic information.

The Business Accelerator Australia web site may place Internet cookies on your hard drive. Internet cookies save certain information about you, including the pages of the Business Accelerator Australia website viewed by you. When you revisit the Business Accelerator Australia website, the Business Accelerator Australia website may recognise you by the Internet cookie and customise your experience accordingly. You may decline the Internet cookie by using the appropriate feature of your Web browser, if available. However, doing so, may make certain features of the website non-functional.

As outlined in the Business Accelerator Australia Terms of Services, our practice is to store personal information in centralised servers that may be situated at different locations across the world.

If you are a user of our website, and you would like to seek access to personal information that Business Accelerator Australia holds about you, you can do so by contacting Business Accelerator Australia by e-mail at hello@mycatapult.com.au. Business Accelerator Australia’s policy is to consider all requests for access in a timely way, and to provide all users with a way of ensuring that personal information that is held about them is up to date and accurate. If you make an access request, we will contact you to discuss the type of access you require (for example, to confirm whether you are seeking access to particular information, and whether you would like to receive electronic access).

If you are a user, you may update your Business Accelerator Australia profile at any time by using the appropriate link on the web site.

Business Accelerator Australia has gone to considerable measures to ensure that our system is secure, and that the personal information we hold is protected from risks such as unauthorised access, modification or disclosure. We use a variety of security technologies and procedures to do this.

However, use of the Internet can never be completely secure, so this is something to remember when you are using the Internet as part of the Business Accelerator Australia experience, and generally.

Our website may contain links to other sites. Please be aware that Business Accelerator Australia is not responsible for the privacy practices of such other sites. We encourage you to be aware of this when you leave our website and to read the privacy statements of every website that collects personal information. These privacy principles apply solely to information collected by our website and does not apply to other websites operated by third parties.

Business Accelerator Australia reserves the right to contact site visitors regarding the Privacy Principles, or any other policies or agreements relevant to site visitors or users.

Business Accelerator Australia reserves the right to change these Privacy Principles at any time by notifying visitors of the existence and location of new or revised Privacy Principles, which notice shall be posted on our website.

If you have any questions about the Privacy Principles, the practices of our website, or your dealings with our website, you can contact Business Accelerator Australia via hello@mycatapult.com.au or by using a website enquiry form.

Latest Update 12 August 2017