1.1 These Terms and Conditions ("Terms") apply to services provided by Darebin Enterprise Centre Limited (ABN 55 078 961 707), trading as Melbourne Innovation Centre ("MIC", "we", "our" or "us").
1.2 These Terms apply to:
a. our website at melbourneinnovation.com.au ("Website");
b. programs, mentoring, advisory services, workshops, webinars, events and training;
c. digital platforms, tools and resources made available by MIC;
d. consultancy and other business support services; and
e. related content, materials and resources,
collectively referred to as the "Services".
1.3 Some Services may be subject to additional program rules, booking conditions, funding requirements, proposals, statements of work, engagement letters or other specific terms ("Service-Specific Terms").
1.4 Where Service-Specific Terms expressly apply to a Service, those terms form part of your agreement with MIC. If there is an inconsistency between these Terms and Service-Specific Terms, the Service-Specific Terms prevail to the extent of the inconsistency.
1.5 Nothing in these Terms excludes, restricts or modifies any right or remedy that cannot lawfully be excluded, restricted or modified.
2.1 You accept these Terms when you:
a. register for or participate in a Service;
b. purchase or book a Service;
c. submit an application or registration that identifies these Terms as applying;
d. click or otherwise indicate that you accept these Terms; or
e. use portions of the Website or Services that are expressly made available subject to these Terms.
2.2 Where you accept these Terms on behalf of a company, organisation or other entity, you represent that you have authority to do so.
2.3 If you do not agree to these Terms, you should not register for, purchase or participate in the relevant Service.
3.1 MIC provides business support services which may include mentoring, advisory services, coaching, educational programs, workshops, webinars, events, digital resources and consultancy.
3.2 The precise nature, duration, eligibility criteria, inclusions and delivery arrangements for a Service may be described separately on the Website, in registration information, a funding program, proposal, engagement document or other Service-Specific Terms.
3.3 MIC will provide Services with the standard of care required by applicable law.
3.4 Participation in a Service does not guarantee any particular commercial, financial, operational or other business outcome.
4.1 Some MIC Services are delivered under funding agreements or programs established by Commonwealth, State or local government agencies or other funding bodies.
4.2 Eligibility criteria, participant entitlements, reporting requirements and the scope or duration of these programs may be determined or changed by the relevant funding body.
4.3 You agree to provide accurate information reasonably required to determine or verify your eligibility and participation.
4.4 MIC may decline, suspend or end participation in a funded program where:
a. you do not meet or cease to meet the applicable eligibility criteria;
b. information reasonably required to verify eligibility is not provided;
c. the relevant funding body requires or directs the change;
d. funding for the relevant Service ends or materially changes; or
e. MIC is otherwise required to do so by law or the applicable funding arrangement.
4.5 Where practicable, MIC will provide reasonable notice of a material change affecting your participation.
5.1 When using or participating in the Services, you agree to:
a. provide information that is accurate and not knowingly misleading;
b. comply with reasonable program requirements and lawful directions given by MIC;
c. treat MIC staff, contractors, mentors, presenters and other participants respectfully;
d. not engage in threatening, abusive, discriminatory, harassing, fraudulent or unlawful conduct;
e. not interfere with or attempt to compromise MIC's systems, platforms or digital services;
f. respect the confidentiality, privacy and intellectual property rights of MIC and other participants; and
g. use MIC materials only as permitted under these Terms.
5.2 You remain responsible for decisions concerning your business and for determining whether information or suggestions provided through a Service are appropriate for your circumstances.
6.1 MIC may suspend or end a person's access to a Service where reasonably necessary because of:
a. serious or repeated misconduct;
b. threatening, abusive, discriminatory or unsafe behaviour;
c. fraudulent or unlawful activity;
d. a material breach of these Terms or applicable program requirements;
e. non-payment of an amount properly due;
f. failure to meet applicable eligibility requirements;
g. misuse of MIC systems, information or intellectual property; or
h. a direction or requirement from a government funding body or regulator.
6.2 Where the issue is capable of being remedied and it is reasonable to do so, MIC will ordinarily give the participant an opportunity to address the issue before ending their participation.
6.3 MIC may act immediately where reasonably necessary to protect a person, information, systems, MIC's legitimate interests or to comply with legal or government requirements.
7.1 Some Services are provided free of charge and others may require payment.
7.2 Where a fee applies, the applicable price and payment arrangements will be communicated before you purchase or commit to the Service.
7.3 Unless otherwise stated, prices are expressed in Australian dollars and include GST where applicable.
7.4 You must pay amounts properly due in accordance with the payment terms provided for the relevant Service.
8.1 Cancellation, transfer and refund arrangements may vary between Services.
8.2 Where a Service has a specific cancellation or refund policy, that policy will be made available as part of the booking, registration or purchase process and will form part of the applicable Service-Specific Terms.
8.3 Unless otherwise stated in the relevant cancellation policy, MIC is not required to provide a refund because you:
a. change your mind;
b. fail to attend;
c. arrive late; or
d. are unable to participate for reasons outside MIC's control,
except where a refund or other remedy is required by law.
8.4 If MIC cancels a paid Service and does not provide the substantially equivalent Service at another reasonable time, MIC will offer an appropriate refund, credit or alternative arrangement for the affected part of the Service, subject to any greater rights you may have under applicable law.
8.5 Nothing in this clause limits any rights or remedies available under the Australian Consumer Law.
9.1 MIC may make reasonable changes to the delivery of a Service, including changes to:
a. dates or times;
b. presenters, mentors or advisers;
c. venue or delivery platform;
d. format;
e. content or program structure; or
f. administrative arrangements.
9.2 Changes may be required because of presenter availability, operational requirements, government funding requirements, changes in law, safety or security concerns, technology issues or circumstances beyond MIC's reasonable control.
9.3 MIC will use reasonable efforts to notify affected participants of material changes.
9.4 If MIC makes a material change to a paid Service that substantially reduces what you purchased, and an appropriate alternative cannot reasonably be provided, MIC will offer an appropriate refund or credit for the affected portion, subject to applicable law.
10.1 MIC provides business mentoring, advisory support, education and related services.
10.2 Mentoring and advisory services may take account of information you provide about your business, objectives, challenges and circumstances.
10.3 Unless expressly agreed otherwise in writing, MIC is not engaged as your:
a. lawyer;
b. accountant or registered tax agent;
c. licensed financial adviser;
d. auditor; or
e. other regulated professional adviser.
10.4 Information provided through MIC should not be treated as a substitute for professional legal, accounting, taxation, financial or other regulated advice where such advice is appropriate to your circumstances.
10.5 You are responsible for:
a. deciding whether and how to act on business mentoring, information or suggestions;
b. conducting appropriate due diligence before making material decisions; and
c. obtaining independent specialist advice where appropriate.
10.6 MIC does not promise or guarantee that participating in a Service, or implementing a suggestion discussed through a Service, will produce a particular business, revenue, funding, growth or other outcome.
10.7 Nothing in this clause excludes liability or responsibility that MIC cannot lawfully exclude.
11.1 MIC may use approved artificial intelligence and AI-assisted technologies in connection with its Services.
11.2 These technologies may assist MIC with activities including:
a. meeting transcription, notes and summaries;
b. organising and analysing information;
c. identifying broader themes and trends;
d. preparing educational resources;
e. administrative activities; and
f. assisting with matching or allocating participants to mentors or advisers.
11.3 MIC uses approved organisational accounts for customer information and applies information-handling controls as described in our Privacy Policy.
11.4 Where a meeting is recorded or transcribed, MIC will provide notice and obtain consent as required before recording or transcription begins.
11.5 AI-generated material may contain errors or require human interpretation. MIC applies appropriate human review having regard to the purpose and significance of the output.
11.6 MIC does not rely on generative AI alone to determine a participant's legal rights or entitlements.
11.7 Where AI or an automated system assists with mentor or adviser allocation, you may contact MIC if you would like the allocation reviewed by a member of our team.
11.8 Further information about MIC's use of personal information and artificial intelligence is set out in our Privacy Policy.
12.1 MIC collects, holds, uses and discloses personal information in accordance with its Privacy Policy and applicable privacy obligations.
12.2 The Privacy Policy explains, among other things:
a. the kinds of personal information we collect;
b. why we collect and use personal information;
c. our use of artificial intelligence, cloud technology, meeting recording and transcription;
d. disclosure to government bodies and service providers;
e. overseas storage and processing;
f. information security and retention; and
g. how you may request access or correction or make a privacy complaint.
12.3 Acceptance of these Terms does not replace any separate consent that MIC is required to obtain under applicable privacy or recording laws.
12.4 Where specific consent is required, including in relation to certain sensitive information or meeting recording and transcription, MIC will seek that consent separately where required.
13.1 Unless otherwise stated, MIC or its licensors own or control intellectual property rights in materials made available through the Services, including:
a. MIC branding and trade marks;
b. program materials;
c. templates and resources;
d. written and visual content;
e. video and audio resources;
f. publications;
g. Website content; and
h. software, code and digital resources.
13.2 Subject to these Terms, MIC grants you a non-exclusive, non-transferable licence to use materials supplied to you through a Service for your own internal business use and professional development.
13.3 Unless MIC gives prior written permission, you must not:
a. sell or commercially redistribute MIC materials;
b. represent MIC materials as your own;
c. reproduce substantial parts of MIC materials for external commercial use;
d. remove copyright, trade mark or ownership notices; or
e. make MIC materials publicly available where they were supplied for participant use only.
13.4 Nothing in these Terms transfers ownership of MIC's intellectual property to you.
13.5 Third-party materials remain subject to the rights of their respective owners.
14.1 You retain ownership of intellectual property in documents, information or other content that you provide to MIC ("Participant Content").
14.2 You grant MIC a non-exclusive, royalty-free licence to use, copy, store and process Participant Content to the extent reasonably necessary to:
a. provide and administer the relevant Service;
b. communicate with you;
c. meet applicable government program and reporting obligations;
d. evaluate and improve the relevant Service; and
e. exercise MIC's rights and obligations under these Terms.
14.3 MIC will handle personal information contained in Participant Content in accordance with its Privacy Policy.
14.4 MIC will not publish an identifiable customer case study, testimonial or attributable quotation for promotional or educational purposes without appropriate permission.
14.5 You must not knowingly provide content that:
a. infringes another person's intellectual property rights;
b. is unlawful;
c. contains material you do not have authority to provide; or
d. is malicious or designed to compromise MIC's systems.
15.1 MIC recognises that participants may provide commercially sensitive or confidential information during mentoring, advisory and other Services.
15.2 MIC will take reasonable steps to protect confidential information disclosed to it and will only use or disclose that information as reasonably necessary to:
a. provide or administer the Service;
b. work with authorised MIC staff, mentors, contractors or service providers;
c. comply with government funding, program administration or reporting requirements;
d. comply with law; or
e. exercise another right expressly permitted under these Terms or with your permission.
15.3 Confidentiality obligations do not apply to information that:
a. is already lawfully public;
b. MIC lawfully knew without an obligation of confidentiality;
c. is independently developed without use of the confidential information;
d. is received lawfully from another source without a confidentiality restriction; or
e. must be disclosed by law or a lawful government requirement.
15.4 Participants must respect confidential information disclosed by other participants during group programs, workshops or events and must not record, reproduce or distribute that information without permission.
16.1 MIC may use or provide access to third-party platforms, technology, websites, resources and service providers.
16.2 Third-party services may be subject to separate terms and privacy practices.
16.3 MIC does not control independent third-party websites or content merely because MIC provides a link to them.
16.4 A link or reference to a third party does not necessarily constitute an endorsement.
16.5 To the extent permitted by law, MIC is not responsible for the acts, omissions or availability of an independent third-party service that is outside MIC's reasonable control.
16.6 Nothing in this clause excludes responsibility MIC may have under applicable law for the way MIC selects, configures or uses third-party providers in delivering its own Services.
17.1 Our Services may come with guarantees, rights and remedies under the Australian Consumer Law or other laws that cannot be excluded or modified by agreement.
17.2 Nothing in these Terms excludes, restricts or modifies:
a. any consumer guarantee;
b. any right or remedy;
c. any statutory guarantee; or
d. any other liability,
where doing so would be unlawful.
17.3 If MIC fails to comply with an applicable consumer guarantee, you may be entitled to a remedy under the Australian Consumer Law.
18.1 Nothing in these Terms excludes or limits MIC's liability where that liability cannot lawfully be excluded or limited.
18.2 You acknowledge that business decisions inherently involve commercial risk and that outcomes can be affected by circumstances outside MIC's control.
18.3 MIC is not responsible for a loss to the extent that the loss was caused or contributed to by:
a. inaccurate, incomplete or misleading information supplied by you;
b. your failure to act with reasonable care;
c. your use of a Service for a purpose that MIC advised was inappropriate;
d. an act or omission of an independent third party outside MIC's reasonable control; or
e. your failure to obtain specialist professional advice where MIC clearly recommended that you do so.
18.4 Where:
a. a guarantee under the Australian Consumer Law applies to a Service;
b. the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption; and
c. it is fair and reasonable for MIC to rely on this clause,
MIC's liability for failure to comply with that guarantee is limited, to the extent permitted by section 64A of the Australian Consumer Law, at MIC's option, to:
i. supplying the Services again; or
ii. paying the cost of having the Services supplied again.
18.5 Specific paid consultancy or professional engagements may contain additional liability arrangements agreed in the applicable Service-Specific Terms.
19.1 You indemnify MIC against third-party claims, losses, liabilities, damages and reasonable costs to the extent they are caused by:
a. your unlawful use of the Services;
b. content you provide that infringes a third party's intellectual property rights;
c. your fraudulent, wilfully wrongful or negligent conduct; or
d. your material breach of these Terms.
19.2 Your liability under this indemnity will be reduced proportionately to the extent that the relevant claim or loss was caused or contributed to by MIC or another person for whom MIC is legally responsible.
19.3 This indemnity does not require you to indemnify MIC for MIC's own negligence, breach of contract, breach of statutory duty or unlawful conduct.
20.1 MIC will take reasonable steps to maintain the availability and security of its digital Services.
20.2 Internet-based Services can nevertheless be affected by maintenance, telecommunications interruptions, third-party outages, cyber incidents and circumstances outside MIC's reasonable control.
20.3 MIC does not guarantee uninterrupted availability of digital Services where interruption is outside MIC's reasonable control.
20.4 Where an outage materially prevents MIC from providing a paid Service, MIC will take reasonable steps to restore, reschedule or otherwise remedy the affected Service, subject to applicable law.
21.1 If a dispute arises concerning these Terms or a Service, either party may notify the other of the issue and the parties will use reasonable efforts to resolve it in good faith.
21.2 Where appropriate, the parties may agree to refer a dispute to mediation or another suitable dispute-resolution process.
21.3 Nothing in this clause:
a. prevents either party from seeking urgent legal relief;
b. prevents a person from exercising rights under the Australian Consumer Law or another applicable law; or
c. prevents a person from contacting a regulator, ombudsman, government agency or other statutory dispute-resolution service where entitled to do so.
22.1 MIC may update these Terms where reasonably necessary to reflect:
a. changes to the Services;
b. changes in law or regulatory requirements;
c. government funding or program requirements;
d. changes to technology or security practices; or
e. reasonable operational changes.
22.2 Updated Terms will be published on the Website.
22.3 Changes that do not materially affect an existing participant's rights may take effect when published.
22.4 Where a proposed change materially and adversely affects an ongoing paid Service, MIC will use reasonable efforts to give at least 14 days' notice before the change takes effect.
22.5 If a material change to an ongoing paid Service substantially alters what you agreed to purchase, you may contact MIC before the change takes effect to discuss an appropriate cancellation, refund, credit or alternative arrangement.
22.6 MIC may make a change without advance notice where it is reasonably necessary to comply with law, a government direction or an urgent security requirement. Where practicable, affected participants will be notified as soon as reasonably possible.
22.7 Changes to these Terms do not retrospectively remove rights or remedies that have already accrued.
23.1 These Terms are governed by the laws of Victoria, Australia.
23.2 Subject to any rights you may have to commence proceedings or seek relief elsewhere under applicable law, you and MIC submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.
24.1 If a provision of these Terms is held to be invalid, unlawful or unenforceable, that provision will be read down to the extent necessary where possible.
24.2 If it cannot be read down, the affected provision will be severed and the remaining provisions will continue to operate.
Questions about these Terms may be directed to:
Melbourne Innovation Centre
Darebin Enterprise Centre Limited
Level 3, 24–26 Cubitt Street
Cremorne VIC 3121
Email: hello@melbourneinnovation.com.au
Website: melbourneinnovation.com.au
