1 These terms
By clicking the “accept” box on the Vendor Registration page, You agree to be bound by these terms which are between Yourself, Austmine and the Patrons. You understand that these terms are legally binding and governed by the laws of England and Wales.
2 Your Obligations
You agree to comply with all applicable laws and to comply with Austmine’s and the Patrons’ reasonable instructions throughout the Challenge.
You may be supplied with Materials in connection with the Challenge (Challenge Materials). Challenge Materials may be owned by Austmine, the Patrons or third parties. If you are supplied with Challenge Materials, you agree that:
(a) the applicable owner(s) of the Challenge Materials retain all rights, title and interests in and to the Challenge Materials;
(b) You may only use the Challenge Materials for the Challenge;
(c) You must return or destroy the Challenge Materials at the end of the Challenge, upon request by Austmine or Patrons, or if your participation in the Challenge is suspended or cancelled for any reason;
(d) unless Austmine or the Patrons instruct you otherwise in writing, You must not:
- (i) reverse engineer, decompile or disassemble the Challenge Materials;
- (ii) modify, alter or adapt the Challenge Materials;
- (iii) remove, mask or alter any trade marks or copyright notices relating to the Challenge Materials; or
- (iv) disclose Challenge Materials to any third party.
(a) You agree that your Submission will comply with Austmine’s and the Patrons’ reasonable instructions as provided from time to time throughout the Challenge, and to otherwise provide Austmine and the Patrons with reasonable assistance in relation to your Submission.
(b) You own all rights, title and interests in and to any Materials created by You forming part of your Submission (Created Materials), excluding insofar as it comprises the Challenge Materials (which are owned as per section 3 above).
(c) You must remove all Challenge Materials from the Created Materials (if any) before using the Created Materials, after the Challenge. These terms do not transfer any rights in the Challenge Materials to you.
(d) You hereby grant Austmine and each Patron a royalty-free, worldwide, transferable, sub-licensable, non-exclusive, perpetual, irrevocable right to use, reproduce, communicate, modify and adapt the Created Materials for the purpose of Austmine and the Patrons’, and their respective related entities’, review and evaluation of the Submission.
(e) You hereby represent and wararant that the Created Materials will not infringe intellectual property rights of third parties, and the use by Austmine and the Patrons’ of such Materials shall not cause any violation of such third parties’ rights.
(a) The Challenge details, the Challenge Materials, and anything discussed in connection with the Challenge that is not already in the public domain are Confidential Information.
(b) You must keep Confidential Information secret, secure and strictly confidential. You may only use Confidential Information for the Challenge and must not disclose Confidential Information to third party without the prior written consent of Austmine and the Patrons. In exchange, the Patrons and Austmine agree to keep the Created Materials (excluding the Challenge Materials) secret, secure and strictly confidential and only use the Created Materials (excluding the Challenge Materials) in accordance with clause 4(d).
(c) You must immediately notify Austmine of any unauthorised use, copying or disclosure of Confidential Information.
(d) At Austmine’s or the Patrons’ direction or on completion of the Challenge (whichever occurs sooner), you must immediately stop using and destroy or return all Confidential Information in your possession or control.
(e) These confidentiality obligations continue to apply for a period of 5 years after the Challenge.
6 Selection of submissions by Patrons
During the Challenge, a Patron or multiple Patrons may select one or multiple participants to further develop their Submission following the Challenge. You acknowledge and agree that:
(a) decisions and selection of such participants is final and cannot be appealed or questioned;
(b) Patrons are under no obligation to act on a Submission or to provide You with reasons in the event of a rejection;
(c) Patron(s) will be the sole decision-makers in determining the viability of any Submission; and
(d) the Patrons otherwise have absolute discretion to determine whether there will or will not be a participant selected, how many such participants there will be, and the steps and/or actions following selection (if any).
7 Suspension or cancellation
Austmine may cancel or suspend Your participation in the Challenge at any time, acting reasonably, in its complete discretion, without incurring any liability.
8. Legal responsibility
(a) To the extent allowed by law, Austmine and the Patrons provides the Challenge Materials with no representation or warranty of any kind.
(b) You are solely responsible for Your participation in the Challenge. Neither Austmine nor any of the Patrons are not liable for any damages or losses (whether direct or indirect) in connection with the Challenge.
(c) You agree that the Created Materials will not infringe any third-party intellectual property rights (or cause Austmine, the Patrons or any other person to do so), and the Created Materials are Your original work.
(d) Austmine and Patrons reserve the right to modify these terms at any time.
In these terms:
Austmine means Austmine Limited (ABN 77 008 657 887).
Challenge means the open innovation challenge regarding the development of interoperable concepts that deliver electricity to a battery electric haul truck (for the purpose of propelling the truck and/or charging an on-board battery) to support a load and haul mining method, as further described at www.chargeoninnovation.com.
Materials means documents, data, software, drawings, designs, databases, processes, plans, diagrams, recordings or other materials or information, and includes any subject matter that attracts, or is susceptible to protection by, copyright, trade marks, patents or registered designs.
Patrons means the parties who have sponsored the Challenge as named, and from time to time updated, at www.chargeoninnovation.com.
Submission means Your response submitted at www.chargeoninnovation.com to Austmine in response to the Challenge.
You or Yourself means the person or entity agreeing to these terms by clicking the “accept” box.