Terms and conditions
BizGrowthEast Campaign
Terms and conditions — version 2 (31 October 2008)
EEDA Terms and Conditions for participation in the BizGrowthEast Campaign
1. Introduction
The BizGrowthEast Campaign (the “Campaign”), is an exciting new EEDA initiative aimed at entrepreneurs from all sectors throughout the East of England.
The Campaign aims to inspire and help you to start or grow your business by providing an open door through which you can access EEDA’s full programme of support and funding available to entrepreneurs. Whether you are working on an idea or are already growing your business, BizGrowthEast will help you work out what you need to improve your chances of success, whether it is advice or funding.
By participating in the Campaign you will be deemed to have read and understood these Terms and Conditions and be bound by them.
As consideration for you agreeing to be bound by the Terms and Conditions EEDA shall grant access to the Campaign, subject to these Terms and Conditions.
EEDA reserves the right to exclude any participant if it has reasonable grounds to believe the participant has breached the Terms and Conditions of the Campaign.
2. Data Protection
Data submitted to EEDA will be held securely by EEDA in compliance with EEDA’s Privacy Policy, and these Terms and Conditions incorporate the Terms and Conditions of website use, available together with the Privacy Policy on EEDA’s website at http://www.eeda.org.uk/terms-conditions.asp which may be amended by EEDA from time to time.
You acknowledge that such information will be processed by EEDA for the purposes of the Campaign and that such processing constitutes a legitimate business use and is proportionate in the circumstances.
EEDA is committed to the security of its IT systems and is working towards obtaining ISO27001: 2005 accreditation.
EEDA will store and use such information submitted by you and supply such information to EEDA’s affiliated partners, investors, subcontractors and agents involved with the Campaign, and East of England IDB Ltd and any of their agents, directors or employees (collectively known as “Partners”) as is reasonably necessary for the purposes of operating and managing the Campaign, and planning future competitions or events including:
- your name and that of your company
- contact address, telephone numbers, fax numbers and e-mail address
- all other information contained within the report card and registration form e.g. business sector, size of your company
Such information will be retained for the duration of the Campaign and for a reasonable period thereafter, as permitted by law.
EEDA and any of its agents, directors or employees and all other persons contracted to the Agency, either on a permanent or temporary basis, including secondees and contractors, and its Partners may use any information supplied by you to contact you regarding:
- updates on the Campaign
- future competitions or events; and
- other information that may be of interest to you such as other EEDA offers and initiatives that could help you obtain alternative funding
- sector or area specific (as selected by yourself in the registration form (link)) initiatives set up by EEDA or Partners that may be of interest to you
- to offer help and advice or guide you to business support aimed at addressing your needs
You may withdraw consent to EEDA or its Partners contacting you by e-mail or telephone by notifying EEDA by e-mail to bizgrowtheast@eeda.org.uk.
In the event that you subsequently withdraw your consent to be contacted by e-mail or telephone during the Campaign, EEDA reserves the right to exclude you and/or your business from further participation in the Campaign.
Any Personal Data supplied to EEDA for the purposes of the Campaign will be processed by EEDA as data controller in accordance with the data protection principles set out in the Data Protection Act (“DPA”) 1998.
You will ensure that any information supplied to EEDA for the purposes of the of the Campaign does not contain any Personal Data other than that stated at Clause 2.4 above unless necessary for the purpose of participation in the Campaign. In particular, you agree not to submit any sensitive personal data to EEDA as defined in the DPA 1998.
3. BizGrowthEast Campaign
Details of the Campaign are available at the Campaign website at: www.bizgrowtheast.com.
EEDA has the right to amend or withdraw the Campaign and/or Campaign process without prior notice. Any changes will be posted on the Campaign website at www.bizgrowtheast.com. EEDA will not notify you direct of any changes.
By registering for BizGrowthEast you and your business agree to participate in reasonable PR surrounding the Campaign, including interviews with media, quotes in press releases and participation in photo shoots. EEDA will contact you directly if you are required to participate in any PR and will pay reasonable travel expenses involved in doing so, as agreed by EEDA at the time.
Participant(s) deemed to be ‘rising stars’ will be announced in the Awards Ceremony(s) to be held at relevant EEDA event to include March 2009 Ideas Talk and Destination Growth small business conference in addition to others. Details will be confirmed and published on the Campaign website.
All expenses associated with participation in the Campaign including travel and subsistence are your sole responsibility unless otherwise agreed by EEDA in writing.
Funding and other support may be available from EEDA and some of its Partners during the Campaign; however EEDA does not guarantee that participation in the Campaign will result in the provision of such funding or other support.
EEDA does not accept any responsibility for the content or provision or availability of such offers from Partners. By advertising such offers EEDA is not endorsing any Partner and is not and will not be a party to any contracts regarding such offers and will have no liability in respect of them.
EEDA and Partners will have specific eligibility criteria, and Terms and Conditions attached to the provision of funding or other support to Campaign participants. These will be shared with relevant businesses at the appropriate time.
Any liability for tax associated with receipt of any funding is your sole responsibility.
4. Freedom of Information and confidentiality
EEDA is a public authority subject to the freedom of information, environmental regulations and similar legislation (e.g.Freedom of Information Act (“FOIA”) ). We are committed to meeting our obligations for open government. Accordingly, all information submitted to EEDA may need to be disclosed by EEDA in response to a request under FOIA. EEDA may also decide to include certain information in the publication scheme which EEDA maintains under FOIA, examples of which can be found at http://www.eeda.org.uk/69.asp
If you consider that any of the information you submit to EEDA is confidential or commercially sensitive, please identify such information clearly. In the case of commercially sensitive information, please explain (in broad terms) why it is sensitive and what harm may result from disclosure. Please also indicate the time period applicable to the commercial sensitivity of that information.
Even where you have indicated that information is confidential or commercially sensitive, EEDA may be required to disclose it by law. Material marked “confidential” or equivalent is not conclusive and EEDA must decide whether or not to disclose any information under FOIA on a case-by-case basis.
Partners will have their own policies and procedures in place regarding access to information, and confidentiality, details of which will be shared with relevant businesses at the appropriate time.
EEDA shall not be responsible to you or your business for any loss, damage, harm or detriment howsoever caused whether in negligence or otherwise arising from or in connection with the disclosure of any information relating to you or your business in respect of any request for information under FOIA or otherwise required by law by EEDA, or for any disclosure of such information by Partners for any reason whatsoever.
5. Liability
The information made available by EEDA on its website and elsewhere in relation to the Campaign is intended to act as a guide only, and accordingly EEDA cannot and does not accept any liability for any loss, damage, harm or detriment that you or your business may suffer as a result of using or accessing that information.
EEDA cannot accept any responsibility or liability for you or your business as a result of the your participation in the Campaign or any grant made by EEDA and you and your business accept and agree you must be responsible for yourself, your participation in the Campaign and the proper use of any grant received.
Nothing in these Terms and Conditions limits or excludes EEDA’s liability for death or personal injury caused by its negligence or for fraud or fraudulent misrepresentation.
6. Eligibility to participate in the Campaign
To register for BizGrowthEast you and/or your business must be based in the East of England (Bedfordshire, Cambridgeshire, Essex, Hertfordshire, Norfolk and Suffolk). You can check your eligibility for the Campaign by checking your postcode here.
BizGrowthEast is open to all entrepreneurs in the East of England, whether individuals or businesses, regardless of sector or size.
You may register a number of different businesses. Each business should only be registered once, but you may use the online tool a number of times as the business changes to ensure you get the most appropriate business support for the business at each stage in its development.
Attendance at BizGrowthEast events is subject to availability and on occassion a nominal fee may be charged.
To be eligible for grant funding from EEDA, your business will need to meet detailed eligibility criteria, and complete a full appraisal process, details of which will be made available to you, if you are invited to apply.
Grant funding by EEDA will be subject to EEDA’s Standard Conditions for grant funding which must be accepted for the funding to be made available. These include a requirement that the business receiving funding is a legally constituted entity capable of receiving grant funding. A legally constituted entity may include but is not limited to:
- private limited companies
- community interest companies
- industrial and provident societies
- some charities (if companies, friendly societies, etc)
EEDA’s decision whether you invite you to apply for grant funding from EEDA shall be final.
7. How does BizGrowthEast work?
To find out how the process works go to www.bizgrowtheast.com.
8. Miscellaneous
These Terms and Conditions were issued on the date shown at the foot of the page. EEDA will be entitled at its discretion at any time to vary these Terms and Conditions without prior notice. Any changes will be posted on the Campaign website. It is the responsibility of all participants to ensure that they are working to the latest version of the Terms and Conditions.
EEDA reserves the right to disqualify any participant if it has reasonable grounds to believe the participant has breached the Terms and Conditions of the Competition.
Any offer of funding by EEDA and these Terms and Conditions will be governed by English Law.
EEDA owns a number of intellectual property rights in the Campaign and materials provided in respect of such EEDA shall remain the proprietor of such intellectual property rights but may grant participants and Partners the right to use such intellectual property rights for the purposes of the Campaign only.
9. State Aid
It will be necessary for any funding or support using state resources to be compliant with the European Laws on State Aid (Article 87-88 of the European Community Treaty).
EEDA will undertake an assessment of any funding or support it offers but ultimately the decision as to whether funding is compliant rests with the European Commission. You will therefore need to satisfy yourself regarding compliance because if funding is found to be in breach of the state aid rules you may be liable to repay with interest the funding or support. It is possible for funding to involve no state aid if the recipient is not an undertaking, or receives no benefit, or is not involved in intracommunity trade or if there is no distortion of competition. If there is state aid then one option is for it to be given under the “de minimis” exemption. Recipients from most sectors can receive up to 200,000 Euros over a 3-year fiscal period if the exemption applies. Declarations of previous de minimis aid will be required by EEDA if this route is to be followed.
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