Terms & Conditions

The Mombasa Plastics Incubator Incubator (the “Incubator”) is run by Nesta (“Nesta”), working with the United States Agency for International Development (the “Funder”).

Please read these terms and conditions and all additional information on the Incubator website carefully before registering or submitting an application to the Incubator. By registering or submitting an application, you accept these Terms and Conditions and agree to comply with them. References to “we”, “us” and “our” in these Terms and Conditions are references to Nesta. Please note that Incubator participants may be required to sign additional terms and conditions with relevant delivery partners, as required from time to time, in order to access or use certain Incubator services.

• Participating in the Incubator

1. These terms and conditions apply to you and any partners application to, and participation in the Incubator. 

1. To enter the Incubator, you can register and submit an application during the relevant notified periods. Applications to the Incubator and all information relating to your application must be in English, must be legible and complete, and must comply with all applicable provisions on the Incubator website and these terms and conditions. Please see the detailed timetable included on the Participant Handbook for further details. 

1. Late applications will not be accepted and Nesta is not responsible for applications which are lost, damaged or late due to computer, network or telecommunications failure due to third party telephone or data networks. 

1. Applications will be assessed on submission against the eligibility and selection criteria set out in the Participant Handbook and must continue to meet the eligibility criteria at all stages throughout the Incubator. Nesta’s decision about eligibility and shortlisting, and the assessors’ decision on selected participants is final. 

1. The Incubator is open to individuals (as defined in the eligibility criteria for the Incubator).

1. Nesta shall have sole discretion in assessing the eligibility of the applicant both at the application stage and throughout the Incubator. 

1. We will use the contact details provided to contact you about the Incubator. All communication between us about the Incubator shall be provided in English. If you do not respond to any communication within 14 days, we may at our sole discretion treat you as having withdrawn from the Incubator and, where relevant, select an alternative application in your place.

1. Employees of Nesta, the Funders and other individuals working on the project, and their immediate families, are not eligible to enter. Unless otherwise stated, you must bear all your costs of entering and participating in the Incubator.

1. We reserve the right at our sole discretion to refuse any application, and to make no selection if none of the applications meet our required standards. We may vary the form or substance of the Incubator (including deadlines, event dates, and the number of applications selected) as we deem appropriate in the circumstances. We may also suspend or withdraw the Incubator if funding is withdrawn or we judge that the Incubator will no longer achieve its aims. We reserve the right at our sole discretion to remove you from the Incubator if you do not comply with these terms & conditions, if you cheat or behave in a way which is disruptive, inappropriate, or potentially dangerous, or if you fail to participate fully or do anything which may damage the reputation of any of Nesta, the Funders or the Incubator partners. Please notify us in writing if you decide to withdraw from the Incubator for any reason.

1. We reserve the right to vary the form or substance of the Incubator (including without limitation the information on the Incubator website, the criteria and requirements for success, these terms and conditions and any deadlines) as we deem appropriate in the circumstances, taking into account the aims of the Incubator. If you are not happy with the changes, you should withdraw from the Incubator; your continued participation will indicate your agreement to all and any changes.

1. We also reserve the right at our sole discretion to suspend or terminate the Incubator if:
   1. funding for the Incubator is reduced materially or withdrawn; 
   2. we determine in our reasonable opinion that the Incubator will no longer achieve its aims or is no longer relevant or useful; or
   3. there are changes or developments outside our control that affect the Incubator.

1. No compensation will be paid to participants if the Incubator is changed, suspended or terminated by us in accordance with these terms and conditions. 

• Your promises to us

1. To participate in the Incubator, you represent and warrant, and shall ensure that:
   1. each participant member satisfies the relevant eligibility criteria to enter the Incubator;
   2. all information submitted by you is true, accurate and complete. We reserve the right to ask for additional evidence of claims made by you, to validate claims by any means we see fit, and/or to reject claims at our sole discretion;
   3. each participant shall provide promptly all additional information we reasonably request, and shall participate promptly in the assessment, Incubator activities and presentations required as part of the Incubator;
   4. each participant has, or shall timely obtain, all authorisations, consents and permissions necessary to submit your application, carry out your proposal, and comply with these terms & conditions;
   5. your application does not and will not infringe or misappropriate any intellectual property or other third-party rights, or breach any contractual obligation (specifically, though without limitation, please see Clause 4 below). We may withdraw your application if we receive notice that your application infringes or misappropriate any third-party rights, or breaches any contractual obligations;
   6. each participant shall make no attempt to undermine the application, cheat, or behave in any way which is in our reasonable opinion unfair, disruptive, inappropriate or potentially dangerous, or which damages or may damage the reputation of the Nesta, the Funder, the Incubator or of any Partner;
   7. each participant shall always act lawfully, ethically, and in good faith and comply with the rules of the Incubator and any relevant laws, regulations, guidelines and code of conduct; and
   8. each Participant shall comply with our reasonable instructions while participating in the Incubator, including in relation to health, safety, and security.
2. You agree that if we determine that any of the above has been violated, we may at our sole discretion withdraw your application, and/or rescind or recover any funding provided to you. 

• Information and Publicity

1. We will use the information which you provide, including personal details of you and your team members, to process your application to the Incubator, to administer the Incubator, to let you know about other Nesta events and activities or to evaluate the Incubator. We may share it with our partners and anyone helping us to run the Incubator, subject to appropriate obligations of confidentiality and data protection. We will only share personal details of team members under the age of 18 with partners and contractors, as necessary, for administration of the Incubator subject to appropriate obligations of confidentiality and any relevant data protection regime. Some of these organisations may process your information outside of the UK. For more information on how we use your personal data please see our Privacy Policy.

1. Nesta and our partners may carry out publicity and promotion for the Incubator and publish our research and evaluation in relation to the Incubator. You agree that you will participate in publicity for the Incubator and you consent to the use of your name, idea, a summary of your proposal, and photographs/recordings of your participation in the Incubator in promotion and publications in any media and online.  All public statements made by a shortlisted entrant or winner in relation to the Incubator during the Incubator and for the following calendar year must acknowledge the support of Nesta and our partners and must be approved by Nesta in advance.

• Exclusion and Limitation of Liability

1. To the extent permitted by applicable law, Nesta excludes all liability for any direct or indirect loss or liability, costs, claims, taxes, charges or expenses arising from your participation in the Incubator or your reliance on statements made or advice given by us, our partners or contractors. If you submit any materials or items as part of your entry to the Incubator, this is at your own risk. Nesta gives no undertakings to keep safely, maintain or return any materials or items.

1. Without prejudice to Clause 4.1, our maximum liability to you in connection with the Incubator (if any) is limited to £500. Nothing in these terms and conditions excludes or limits our liability for death or personal injury caused by negligence or fraudulent misrepresentation made by us or our partners.

• Force Majeure

1. Neither Nesta nor its partners shall be in breach of these terms and conditions, nor liable for any delay in performing, or failure to perform, any of its obligations pursuant to these terms and conditions if such delay or failure results from events, circumstances or causes beyond its reasonable control.

• Governing Law and Jurisdiction

1. These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

1. Nesta, a company limited by guarantee with number 7706036 and registered charity with charity number 1144091. Registered address: 58 Victoria Embankment, London, EC4Y 0DS