Access Wales - Terms & Conditions

These terms and conditions apply to the Access Wales programme ("Access Wales").  By applying and/or signing-up to Access Wales, participants agree to be bound by these terms and conditions and warrant that they have the legal capacity to be bound by the same.

1. Access Wales is organised by the Welsh Assembly Government of Cathays Park, Cardiff CF10 3NQ, United Kingdom.
   
2. Only companies deemed to meet the relevant selection criteria and selected by Welsh Assembly Government (in its sole discretion) will be eligible to participate in Access Wales.
   
3. All applicants wishing to be considered for Access Wales must submit an application form (as provided in the Access Wales section of the website at the website address www.ibwales.com).
   
4. Applicants will be selected on the basis of their application form (together with any accompanying documentation) and their fulfilment of the Access Wales selection criteria.
   
5. Decisions made by Welsh Assembly Government as to whether applicants qualify for Access Wales are final and no correspondence regarding the assessment of applications or any other matters relating to these terms and conditions can be entered into.
   
6. Welsh Assembly Government reserves the right to use the names, photographs and details about the business of companies (or any of them) selected to participate in Access Wales (“Access Wales companies”) in Welsh Assembly Government promotional materials for issue within the United Kingdom and internationally. 
   
7. Welsh Assembly Government will use an Access Wales company’s information (including but not limited to any personal information provided by any Access Wales company to Welsh Assembly Government) for the purposes of Access Wales (including, without limitation, the purposes set out in paragraph 6 above) and for monitoring and statistical purposes.  Welsh Assembly Government may disclose such information to its service providers and agents for these purposes.  Except as provided in these terms and conditions and/or where Welsh Assembly Government is required by law (including European Union law) to disclose an Access Wales company’s information, Welsh Assembly Government will only pass such information to third parties (other than its service providers and agents) with the relevant Access Wales company's consent.  Access Wales companies have a right of access to the information Welsh Assembly Government holds on them for which Welsh Assembly Government may charge a small fee.  Access Wales companies also have a right to correct any inaccuracies in their personal information as held by Welsh Assembly Government.  By submitting an application, all applicants consent to Welsh Assembly Government holding and using their personal information in accordance with these terms and conditions. The Welsh Assembly Government is registered with the Information Commissioner under number Z7107446.
   
8. Applicants are solely responsible for selecting the information to be disclosed as part of their application for Access Wales (including, but not limited to, any intellectual property rights and personal or confidential information).  By submitting an application applicants warrant they have the authority to use any intellectual property comprised within their Access Wales application form and any accompanying documents and that no intellectual property or other rights of any third party will be infringed through the submission of such application and agree to indemnify and hold harmless the Welsh Assembly Government against any and all losses, damages or actions arising from any claims of infringement of third party intellectual rights.  Applicants take sole responsibility for protecting their rights in any intellectual property to be disclosed as part of their Access Wales application.  Applicants are reminded that disclosure of any intellectual property in a submission without protection may compromise or invalidate those rights. For detailed advice, applicants should consult a specialist lawyer (or other appropriate professional).  Applicants should limit so far as possible the disclosure of information which they consider to be confidential as part of their Access Wales application.  The Welsh Assembly Government are subject to certain disclosure obligations under legislation including, but not limited to, the Freedom of Information Act 2000, and as such, the Welsh Assembly Government cannot accept any obligations of confidentiality in relation to any Access Wales application.
   
9. Unless stated otherwise, Welsh Assembly Government accepts no responsibility for the return of any application forms and accompanying documents.  Welsh Assembly Government accepts no responsibility for any unauthorised disclosure of any Access Wales application and hereby excludes to the fullest extent permissible by law all and any liability for any such unauthorised disclosure.
   
10. Any services to be provided as part of Access Wales are non-transferable and must only be used and will only be provided for the sole purpose of starting up and/or developing the business described in the application form submitted by the relevant Access Wales company. The failure (in Welsh Assembly Government sole opinion)  of any Access Wales company to comply with this condition will entitle Welsh Assembly Government to immediately cease providing such support and relieve Welsh Assembly Government from any obligation to provide any further services.
    
11. Companies selected to participate in Access Wales will be entitled to use a desk space in one of the innovation centres taking part in Access Wales.  Each Access Wales company must enter into a licence agreement with the relevant innovation centre.  Welsh Assembly Government reserves the right to enforce a time limit from the date of selection within which Access Wales companies must take up the desk space offered in the relevant innovation centre and after the expirv of this period any such offer shall lapse.
    
12. Desk spaces in the innovation centres are subject to availability and Welsh Assembly Government is not able to guarantee that an Access Wales company will be offered a desk space in their innovation centre of choice.   
    
13. The terms and conditions for occupying a desk space will vary depending on the chosen innovation centre.  The terms and conditions will be covered in the licence agreement issued by the relevant innovation centre.  Access Wales companies must accept the terms of such licence agreement in order to occupy an innovation centre desk space and will not be permitted to take up a desk space until the relevant licence agreement has been entered into.
    
14. Welsh Assembly Government will usually provide only one desk space for one named individual on behalf of each Access Wales company.  No Access Wales company shall be permitted to alter the identity of the originally selected named individual without the prior written agreement of the relevant innovation centre and the innovation centres shall not be obliged to accept any proposed changes to the identity of the named individual desk user. Welsh Assembly Government reserves the right, however, to allocate more than one desk space per Access Wales company at its sole discretion and subject to the agreement of the relevant innovation centre.
    
15. Welsh Assembly Government will provide each Access Wales company with a tailor-made induction programme, information and access to a dedicated Access Wales manager to assist that company to settle in to doing business in Wales.  The induction programme may be subject to change.  Welsh Assembly Government shall use reasonable endeavours to ensure that the dedicated Access Wales manager is available whenever reasonably required. 
    
16. Access Wales companies will have access to a free package of specialist business support offered by Access Wales’ professional consultancy partners.  Access Wales companies shall receive such support services on and subject to any terms and conditions proffered by any of Access Wales’ professional consultancy partners.  Welsh Assembly Government accepts no liability arising out of the provision of services to Access Wales companies by such consultancy partners and it is recommended that Access Wales companies undertake their own research and checks before engaging any professional consultancy partner to provide services.
    
17. Welsh Assembly Government reserves the right at any time to alter and/or withdraw any benefits or services provided as part of Access Wales. 
    
18. Welsh Assembly Government reserves the right to disqualify any Access Wales company if it has reasonable grounds to believe that there has been a breach of any of these terms and conditions. Upon such disqualification that company shall immediately cease to be entitled to receive any benefits or services provided as part of Access Wales and shall be required to immediately vacate any desk space held in any innovation centre.
    
19. Welsh Assembly Government reserves the right to monitor progress of Access Wales companies during the course of their Access Wales experience.  By applying to participate in Access Wales companies agree to provide appropriate feedback to Welsh Assembly Government on the application process and/or their Access Wales experience (including, but not limited to, the completion of questionnaires).
    
20. Access Wales companies will be responsible for their own expenses and costs incurred by them as a result of their application to participate in and/or their participation in Access Wales.  Welsh Assembly Government accepts no responsibility or liability in respect of any such expenses. 
    
21. The European Commission sets limits on the amount of public sector aid companies can receive. Public sector assistance is called ‘State Aid’. [A company can only receive a total of E200,000 or approx. £170,000 of de minimis aid in any continuous three year period from the public sector.] Access Wales is subject to these rules.  Any company applying to participate in Access Wales is required to consider its eligibility to receive State Aid and Access Wales companies are required to monitor the levels of any State Aid they may receive.  By applying to participate in Access Wales companies are warranting that they are eligible to apply under the relevant State Aid rules and they agree to provide such information as may be requested by Welsh Assembly Government or any authorised third party in order to evidence the amount of State Aid received by any such company.
    
22. By applying to participate in Access Wales applicants warrant that all information submitted by them is true, current and complete.
    
23. Welsh Assembly Government reserves the right to change any of these terms and conditions and/or to cancel Access Wales at any time without prior notice.  Any changes will be posted on Welsh Assembly Government website and Welsh Assembly Government shall use reasonable endeavours to notify those companies participating in Access Wales directly. A copy of these terms and conditions can also be obtained by sending a stamped addressed envelope to the address specified in paragraph 25 below.
    
24. Proof of posting or transmission cannot be accepted as proof of delivery.  Welsh Assembly Government cannot accept responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction, alteration of, or unauthorised access to applications, or applications lost or delayed whether or not arising during operation or transmission as a result of server functions, virus, bugs or other causes outside its control.
    
25. Welsh Assembly Government can be contacted by writing to Claire Chappell, Welsh Assembly Government, Department for the Economy & Transport, Plas Glyndwr, Kingsway, Cardiff CF10 3AH, Wales, United Kingdom (or such other address as Welsh Assembly Government may notify to you and/or post on its website from time to time) or by email at claire.chappell@wales.gsi.gov.uk.
    
26. Welsh Assembly Government cannot accept any responsibility for any damage, loss, injury or disappointment suffered by any company applying to participate and/or participating in Access Wales.  Welsh Assembly Government shall not be not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software failure of any email or application to be received on account of technical problems or traffic congestion on the Internet, telephone lines or at any web site, or any combination thereof, including any injury or damage to any Access Wales participant’s or any other person's computer or mobile telephone related to or resulting from participation or downloading any materials as part of Access Wales.  Nothing in these terms and conditions shall exclude Welsh Assembly Government's liability for death or personal injury as a result of its negligence.
    
27. These terms and conditions are governed by the laws of England and Wales and Access Wales participants hereby submit to the exclusive jurisdiction of the Courts of England and Wales.