Kōkiri Business Accelerator - Terms and Conditions

By submitting an application (Application) to, or participating in, the Kōkiri business accelerator programme (Kōkiri Programme) run by Te Wānanga o Aotearoa (TWOA) each member of your Team (each an Applicant) acknowledges that they have read and accepted the following terms and conditions of entry (Terms and Conditions).

By submitting an application (Application) to, or participating in, the Kōkiri business accelerator programme (Kōkiri Programme) run by Te Wānanga o Aotearoa (TWOA) each member of your Team (each an Applicant) acknowledges that they have read and accepted the following terms and conditions of entry (Terms and Conditions).

1. Definitions

Application means the application placed by a Team in accordance with clause 4.

Business means the Team’s business, startup, innovation, or product as described in its Application.

Partners means entities partnering with TWOA for the provision of the Services as nominated by TWOA from time to time and includes (without limitation):

a) Callaghan Innovation;

b) Robett Hollis;

c) Crowe Horwath; and

d) Ernst & Young Tahi.

Selection Panel means the judging panel to be convened by TWOA at its sole discretion and who will be responsible for determining selection into the Kōkiri Programme.

Senior Team Member means the key team member/s nominated by each Team to liaise with TWOA in relation to the Kōkiri Programme (being the person/s listed as the Team’s CEO on the Application).

Services means the provision of support, expert advice, mentoring and related services through the Kōkiri Programme by TWOA and its Partners, including but not limited to those services set out in clause 6.

Team means the Application or group of people who jointly make an Application to be considered for selection into the Kōkiri Programme.

 

2. Application of these terms and conditions

2.1 Unless otherwise agreed in writing by TWOA, the following Terms and Conditions will apply to the application process and the Kōkiri Programme.  The Team acknowledges and agrees that the supply of all Services by TWOA to the Team will be subject to these Terms and Conditions.

 

3. Eligibility

3.1 Teams must comply with the following eligibility requirements.

a) The Senior Team Leader and at least one other Team member must be available to attend the following five business startup workshops in Hamilton, New Zealand, each the length of one week, between the following dates:

a.       12-23 February 2018;

b.       19-23 March 2018;

c.       16-19 April 2018;

d.       14-18 May 2018; and

e.       11-15 June 2018.

b) Not all Team members are required to have Māori whakapapa, however, at least one Senior Team Member must identify as Māori.

c) Each Team member must be a New Zealand citizen or permanent resident and be 18 years or over at the time of the application being submitted.

3.2 The Team acknowledges and agrees that TWOA may require reasonable proof of each Team member’s eligibility and that failure to provide such proof within a reasonable timeframe as set by TWOA may result in the immediate removal of the Team and/or Team members from the Kōkiri Programme.

 

4. How to Enter

4.1 Applications are open from 10 October 2017 until 17 November 2017 (New Zealand local time).  Applications received by TWOA after 11.59pm on 17 November 2017 (New Zealand local time) will not be considered.

4.2 Applications must be submitted through the online application form located at http://kokiri.biz/.

4.3 All correctly and fully completed Applications which meet the eligibility criteria set out in clause 3 will be considered by the Selection Panel.  TWOA assumes no responsibility for any failure to receive an Application as a direct or indirect result of a technical problem or any kind of internet malfunction.

 

5. SELECTION

5.1 The Selection Panel may require further information to be supplied by a Team to assist it in judging its Application. Should further information be required a TWOA representative will contact the Team directly and request the further information required. TWOA may request that this information is supplied in writing and/or via phone/video conference interview.

5.2 Subject to clause 5.1, the Selection Panel will consider all eligible entries and the selected Teams will be notified on or before 5 December 2017 by telephone, followed by email confirmation, using the contact details supplied by the Team on the Application.

5.3 The decision of the Selection Panel is final and no correspondence will be entered into.

5.4 Successful Teams must keep their selection confidential until TWOA has made a public announcement identifying the successful Teams.

 

6. SERVICES BEING OFFERED BY TWOA TO SUCCESSFUL APPLICANTS

TWOA will provide up to 10 successful Teams with the following:

·      The five business startup workshops in Hamilton as set out in clause 3.1(a) above.

·      NZ$10,000 cash funding for the development of the Team’s product or innovation as described on the Application, to be paid by TWOA at its discretion as to instalment amounts and timing.

·      The opportunity to identify the additional resources needed to grow the Team’s business as part of the workshops. Obtaining those resources remains the sole responsibility of the Team.

·      Access to co-working space and facilities as part of the workshops. The layout of the host venue is at the discretion of TWOA and for the avoidance of doubt, facilities will relate only to those things generally accessible in a workplace.

·      Access to international and local mentors with industry and technical expertise. Mentors will be engaged by TWOA at its sole discretion. Mentors will have the discretion to work only with selected Teams if they wish, and vice versa for Teams not wishing to work with certain mentors at their discretion.

·      Access to national and international investor groups via Teams being showcased to various funding and investment groups selected by TWOA at its discretion. This does not guarantee any investment or support from these groups.

·      Business exposure through Kōkiri marketing activities conducted by TWOA at its discretion, based around the promotion of the Kōkiri programme and the journey Teams are taking. While on occasion certain businesses or Teams may be highlighted in these marketing activities no business or particular advantage is promised or guaranteed as a result of the Kōkiri marketing plan.

7. Transport, accommodation and associated costs

7.1 Except as expressly set out in clause 7.2 below, the Team will be solely responsible for the cost of all food, daily expenses and services for all Team members in attending the five business startup workshops in Hamilton as set out in clause 3.1(a) above. 

7.2 In relation to the workshops only, TWOA will arrange and supply at its discretion in relation to all details:

a) travel for up to three Team members of each Team including:

(i) domestic flights within New Zealand or any other reasonable form of transport to and from Hamilton for each Team member;

(ii) transfers to and from Hamilton Airport for each Team member; and

b) accommodation at Mangakotukutuku for Team members who ordinarily reside outside the Waikato, and transfers to and from that accommodation to the location of the workshops.

 

7.3 The Team will be solely responsible for the cost of all meals, personal expenses, entertainment, and other incidentals for all Team members during the Applicant's involvement in the Kōkiri Programme.

 

8. Conduct and Confidentiality

8.1 The Team accepts that it will share and discuss its confidential information with TWOA, its Partners, and if accepted into the Kōkiri Programme, the other participants and Teams.

8.2 While all persons will be bound by the confidentiality and conduct rules set out in clauses 8.3-8.4 below, TWOA accepts no liability for any loss or damage arising directly or indirectly from a breach of clauses 8.3-8.4 by any person.

8.3 The Team agrees to keep confidential and not use, publish, disseminate, share, or discuss with others not participating in the Kōkiri Programme the business or confidential information of other participants or Teams in the Kōkiri Programme. TWOA may on occasion wish to publicise positive information about Teams participating in the accelerator and the Teams consent to this.

8.4 The Team agrees to honour any “house rules” or code of conduct for the Kōkiri Programme issued by TWOA from time to time, and the TWOA values of of Te Aroha, Te Whakapono, Ngā Ture and Kotahitanga:

8.5 If TWOA becomes aware of a breach of clauses 8.3-8.4 by any person, the defaulting person and all Team members of the relevant Team may be immediately asked to leave the Kōkiri Programme, with no liability arising to TWOA and no compensation due to the defaulting person and/or his/her Team members.

 

9. Privacy

9.1 The Team acknowledges that:

a) any information provided by the Team to TWOA may be collected, stored, provided to third parties, and used by TWOA for any purpose connected with the Kōkiri Programme or the business of TWOA including (but not limited to) direct marketing, debt collection and credit reporting or assessment; and

b) TWOA may retain and/or use such information for as long as the above purposes apply.

9.2 Personal information will be collected, held and used in accordance with TWOA's Privacy Policy located at https://www.twoa.ac.nz/Pages/Privacy.  A Team may member may request access to and correction of any personal information held by TWOA at any time by contacting the TWOA privacy officer at Taumatua, PO Box 151, Te Awamutu 3840.

 

10. Disclaimer and limitation of liability

10.1 The Team acknowledges and agrees that acceptance into the Kōkiri Programme does not guarantee, imply or predict the success of the Team's Business.  TWOA shall not be responsible for the success or failure of the Team and/or the Business or any decision relating to the Team and/or the Business based on or arising from the Services or the Team's involvement in the Kōkiri Programme.

10.2 Without limiting clauses  9.2 or 10.1, TWOA (including its directors, officers, employees, contractors, and agents) will not be responsible for any loss or damage (including loss of opportunity, profits, goodwill or business revenues, and any other special, indirect or consequential losses) arising in any way out of the entry into or participation in the Kōkiri Programme including, but not limited to, loss or damage which arises as a result of any of the following:

a) electronic or human error, or the processing of entries;

b) any variation in the Services to those stated in these Terms and Conditions;

c) any tax liability incurred by a winner or entrant -

except to the extent that such loss or damage cannot be excluded by law.

 

11. Consent to photography/filming for promotional purposes

11.1 By submitting an Application, each member of the Team:

a) acknowledges and accepts that TWOA, its Partners, or nominees may take photographs and short videos of the Team and/or Team members for marketing purposes;

b) gives his or her unconditional and irrevocable consent to being photographed and/or filmed at any workshop or event related to the Kōkiri Programme by TWOA, its Partners or nominees, without compensation or credit; and

c) confirms that TWOA, its Partners and nominees, will own all rights (including copyright) in all photographic/video images taken by TWOA, its Partners or nominees respectively at any workshop or event related to the Kōkiri Programme (Works) and will have full permission to use and reproduce the Works for any purpose related to the media exploitation, marketing or promotion of TWOA, the Partners or the Kōkiri Programme. 

 

12. Consumer guarantees act and fair trading act

12.1 The Team acknowledges that the supply of the Services under these Terms and Conditions is a supply for business purposes in terms of sections 2 and 43 of the Consumer Guarantees Act 1993 and accordingly the provisions of that Act do not apply to any supply of Services made pursuant to these Terms and Conditions.

12.2 The Team acknowledges that the Services are supplied in trade within the meaning of the Fair Trading Act 1986.  The parties agree to contract out of sections 9, 12A, 13 and 14(1) of that Act.

 

13. Further Terms

13.1 Variation: TWOA reserves the right to amend these Terms and Conditions at any time at its sole discretion and any such changes will, unless otherwise noted, be effective immediately. 

13.2 Severance: If any provision of these Terms and Conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected.

13.3 Entire Agreement: The parties each acknowledge that these Terms and Conditions, and any agreement agreed in writing between the parties which expressly refers to these Terms and Conditions (including any order which is accepted by us), contain the entire understanding and agreement between them and that there have been no representations made by either party to the other except as expressed in these Terms and Conditions.

13.4 Force Majeure: TWOA will not be liable for any default under these Terms and Conditions due to any act of God, war, terrorism, strike, lock‑out, industrial action, fire, flood, drought, storm or any other event beyond its reasonable control.

13.5 Governing Law: These Terms and Conditions will be deemed to be made in New Zealand and will be construed and governed by the laws of New Zealand. The parties submit to the exclusive jurisdiction of the courts of New Zealand.