Website and Top Startup Employers Terms
1. Introduction
1.1 My Startup Gig Pty Ltd (ACN 658 838 218) (together, “My Startup Gig”, “we”, “us”) provides a directory of startups, job boards, Top Startup Employers competition and associated mailing lists (Services).
1.2 These My Startup Gig Website Terms of Use ("Terms") are here to ensure you understand your rights and obligations when you access, navigate and use our website (located atwww.mystartupgig.com) and our social media pages (collectively, our “Website”) and use our Services. These Terms apply to all entrants in the My Startup Gig Top Startup Employers 2023 competition ("Competition").
1.3 Any reference in these Terms to “you” or “your” or “Customer” means any person accessing, viewing or using the Website and/or Services.
1.4 By accessing, navigating and using the Services and/ or Website or otherwise dealing with My Startup Gig, you agree to be bound by these Terms and the My Startup Gig Privacy Policy located atwww.mystartupgig.com/privacy-policy. If you do not agree to these Terms, then you must cease using the Services or the Website.
1.5 My Startup Gig may amend these Terms at any time at its sole discretion. By continuing to use the Website and/ or Services, you will be deemed to have accepted any revised terms from the date that they are published on the Website.
1.6 My Startup Gig reserves its rights to investigate and take appropriate legal action for any Illegal and/or unauthorised use of the Services, the Website or breach of these Terms.
Top Startup Employers Terms
1.7 The Competition is open to any startup founded in Australia with at least 5 permanent and/or part-time employees as at 1 April 2023 ("Eligible Startups"). We retain the absolute discretion to determine whether the nominating company is considered a "startup", although we acknowledge this is a subjective assessment. If we consider your nomination not to be a "startup", you will be notified of our decision prior to completing the Written Submission and Employee Survey.
1.8 Eligible Startups may self nominate or be nominated by third parties. Nominations close on 1 May 2023. After this date, Eligible Startups will have until 1 June 2023 to complete the Written Submission and Employee Survey in order to qualify for the Competition.
1.9 Eligible Startups are required to:
- Complete a written submission ("Written Submission"), in which they must accurately provide data regarding the startup, including the startup's practices and policies; and
- Share the employee survey link provided by My Startup Gig to all employees ("Employee Survey"), which must be filled out by a minimum of 5 employees. (Higher participation rates rank more favourably)
On completion of these steps, Eligible Startups qualify for the Competition and become "Qualifying Startups".
1.10 There is no entry fee to participate in the Competition.
1.11 We may extend cut-off dates in our discretion.
1.12 All Qualifying Startups will receive an insights report benchmarking the startup against other startups in their stage. The content of this report is at our discretion. Where <5 employees identify as being women or early in their career, we will not provide any benchmarking in relation to the women and early stage sub-categories, in the interest of ensuring submission anonymity.
1.13 Qualifying Startups will be eligible to be featured on the My Startup Gig website and any public lists (i.e. top 10 Early Stage startups).
1.14 In June 2023, a panel of expert HR consultants will assess the Written Submission and Employee Survey data to provide an overall ranking against other startups. The Written Submission and Employee Survey will be given equal weighting.
1.15 All judging deliberations are secret, confidential and not publicly available.
1.16 The size of each list depends on the number of entries and is at our discretion.
1.17 Entering the Competition does not guarantee inclusion in the final short lists.
1.18 By entering into the Competition, entrants consent to having their identity, trademarks, and publicly available organisational information published on our website if they are selected.
1.19 The lists will be published on www.mystartupgig.com on 14 July 2023.
1.20 Entrants have permission to use the My Startup Gig or Top Startup Employers 2023 logos in any marketing materials.
1.21 We reserve the right to cancel, terminate, change or suspend the competition. We reserve the right to change the scoring method at any time during the competition.
1.22 We may disqualify any Eligible Startup that breaches these Terms.
1.23 We accept no liability for errors, omissions, communication breakdowns, theft, destruction, or unauthorised access to or alteration of competition entries. Technical malfunctions, equipment issues, software problems, email failures, and internet congestion that may result in injury or damage to participants or any other person's computer are not the responsibility of us, and we will not be held liable for such incidents related to or arising from participation or downloading competition materials.
1.23 We will make every effort to secure and preserve entries, but we cannot be held accountable for entries that are not recorded or that are lost.
1.24 We cannot be held responsible for any harm, injury, or indirect or direct damage that may occur in connection with the competition or the release of the results list, except for cases where liability cannot be legally excluded. Any claims made by the participant must be submitted within 6 months of the publication of the results list, regardless of the cause or basis of the claim, including under common law, equity, or statute.
1.25 All entries are the property of My Startup Gig.
1.26 The entrant agrees to protect and defend My Startup Gig from any and all claims, liabilities, costs, expenses, or losses incurred by My Startup Gig due to a third party's claim that is connected to, arises from, or is in any way related to the entrant's submission of an entry into the competition, or as a result of the entrant's violation of these terms and conditions.
1.27 Employee survey submissions are confidential. We collect respondent's personal email for the following purposes:
- to verify if a response is valid and ensure no false or repeat entries (if necessary)
- to share the final employer rankings directly
1.28 Through the Competition, participating organisations may disclose confidential information regarding their policies and procedures.
We will not:
- publish any information that could reasonably be re-identified and attributed to the organisation
We may:
- publish aggregated and deidentified data
- share deidentifed business practices and trends provided in the employer submission with the wider startup ecosystem
- use aggregated and deidentified data for commercial purposes, including selling this aggregated and deidentified data to third parties
1.29 Participating in the Top Startup Employers is free. All entrants will receive an insights report, and be eligible to have the company's name listed on the Top Startup Employers list. Finalists on the Top Startup Employers list will have the option to pay $180 in return for 12-months on the My Startup Gig Job board, a 'feature' on the company on the Top Startup Employers directory, and 1 x invite to the Awards Night.
2. Using our Services and Website
2.1 My Startup Gig grants you a non-exclusive, non-transferable licence to access, use and navigate the Services and Website subject to you complying with these Terms.
2.2 To use the Services, you acknowledge and agree that you may need to provide My Startup Gig with information that could personally identify you and you acknowledge that My Startup Gig may collect your location. You acknowledge and agree that all information collected will be dealt with in accordance with our Privacy Policy.
2.3 You acknowledge and agree that My Startup Gig may send electronic messages to your contact telephone number or email address. You agree that by using the Services you consent to My Startup Gig sending you electronic messages. If you opt in to a mailing list, we may send you direct marketing communications and information about services that we consider may be of interest to you. You can opt out of receiving direct marketing communications and information at any time.
2.4 You agree that placing an order (“Order”) for a product (“Product”) is subject to you making full payment for the Products in accordance with clause 3.
3. Our payment terms
3.1 You agree that you will pay for all Products that you Order in accordance with these payment terms and that you will pay the purchase price as displayed on the Website.
3.2 You acknowledge that My Startup Gig will not place your Order until you have made full payment of the Product.
3.3 You acknowledge that the purchase price or availability of the Product as displayed on the Services and Website may differ from time to time.
3.4 You acknowledge that My Startup Gig uses third party payment processors (Payment Processors). You agree that you will pay in addition to the purchase price of the Product, any additional fees charged by the Payment Processors.
3.5 The processing of payments or credit cards are subject to the terms, conditions and privacy policies of your credit card issuer and the Payment Processors in addition to these Terms. The terms and conditions and privacy policies for the Payment Processors can be accessed at their websites. My Startup Gig is not responsible for any errors by the Payment Processor or credit card issuer.
3.6 You warrant that you are the authorised user of any payment method that you use in connection with the Services and the Website and you acknowledge the My Startup Gig is not liable for any unauthorised use of any payment method.
3.7 You agree that if you submit an Order, you are not entitled to change or cancel your Order once it has been placed and you will not be entitled to a refund.
5. Our content and access
5.1 My Startup Gig makes all reasonable endeavours to ensure that the information Products available on the Website are accurate and correct, although we do not warrant that it is accurate, adequate or complete.
5.2 You acknowledge and accept that the Website content may include incorrect information, technical inaccuracies and typographical errors. You acknowledge and accept that the Services and the Website will, from time to time, change without notice to you and that the content of the Website may not necessarily be accurate or up to date at the time you view it.
5.3 You are responsible to contact us directly to ensure that any material or information on the Website that you seek to rely on is accurate and current. My Startup Gig disclaims all liability for any direct or indirect loss or damage arising from your use or reliance on the Services or Website to the full extent permitted by law.
5.4 You agree not to attempt to change, add to, remove, deface, hack or otherwise interfere with the Services or the Website or any material or content displayed on the Services or the Website unless expressly permitted by us or these Terms.
5.5 You warrant that you will not hide, deface, alter or delete any copyright symbol, trademark or other proprietary rights notice.
5.6 We do not guarantee that your access to the Services and/or the Website will be uninterrupted or that the Services and/or the Website is free from viruses or any other malware which may damage any device or data as a result of access to the Services or Website.
5.7 You agree that My Startup Gig may conduct maintenance of the Services or Website at any time and that this maintenance may interrupt your access to the Services or Website.
5.8 We reserve our rights to suspend or terminate your access to the Service or Website at our sole discretion where we hold a reasonable apprehension that you have or may breach these Terms. If we suspect you are or may be in breach of these Terms, we will endeavour to notify you of that breach and ways in which you can remedy it.
6. Intellectual Property
6.1 All material displayed on the Service and the Website, including but not limited to all information, photographs, graphics, illustrations, artwork, names, logos, trademarks, copy writing and design features (My Startup Gig Intellectual Property) we acknowledge we have the right to use or are our property and are protected by copyright, trademark and other intellectual property laws. You may not use the My Startup Gig Intellectual Property for any commercial purpose without our express prior written consent.
6.2 You agree not to copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any My Startup Gig Intellectual Property for any commercial purpose to any third party in whole or in part without our express prior written consent.
6.3 You acknowledge that if you do copy, imitate, reproduce, reverse engineer, sell, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any My Startup Gig Intellectual Property, we will suffer loss and damage and you agree to indemnify us for any such loss and damage.
6.4 We do not grant any licence or right in or assign all or part of the rights of the My Startup Gig Intellectual Property to you.
6.5 The Website may contain links to other websites operated, controlled or produced by third parties including Venues. My Startup Gig does not control, endorse, sponsor or approve of any third party website or its content and does not provide any warranty or take on any responsibility whatsoever in relation to your access and use of third party websites. We advise you to check their privacy policy and terms and conditions before using their services.
6.6 You warrant that you will not infringe the Intellectual Property Rights of My Startup Gig or any third party relating to your use of the Services or the Website.
7. Limitation of Liability
7.1 My Startup Gig disclaims all liability for any loss or damage of any kind arising out of or in connection with the Services and the Website content and your use or performance of the Website and Services to a maximum extent permitted by law including without limitation and liability relating to:consumption of alcohol by minors;your consumption of Products that may result in allergic reactions; orany representation of the ingredients contained in Products.
7.2 You agree that your use of the Services and the Website are at your own risk and you accept and agree that you will not seek to hold us accountable for any loss or damage that you or any third party may suffer as a result of your use of the Services and/or the Website, and that you will indemnify us for any such loss and damage we suffer as a result of claims brought against us by any party as a result of your use of the Services and/or the Website.
7.3 Notwithstanding the above, to the maximum extent as permitted by law, you agree that My Startup Gig’s aggregate liability shall not exceed the total purchase price of your Order.
7.4 Services supplied to you by My Startup Gig come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms purports to modify or exclude the conditions, warranties, guarantees and undertakings, and other legal rights, under the Australian Consumer Law and other laws which cannot be modified or excluded.
7.5 Where any law implies a warranty into this agreement which may not be lawfully excluded then to the extent allowed by law (Warranty), any liability imposed upon My Startup Gig relating to a breach of Warranty will at its option be limited to a refund of the price of the Order.
8. Indemnification To the fullest extent of the law, you agree to indemnify us from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including legal fees) arising out of or in any way related to your breach of any of the provisions of these Terms and/or your use of the Services and Website.
9. Severability If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
10. Assignment We are permitted to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification or consent to you. You are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
11. Governing Law & Jurisdiction These Terms will be governed by and construed in accordance with the laws of the State of New South Wales, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Victoria for the resolution of any disputes.
