Terms and Conditions
Welcome to the Turbine Incubator Limited Website!
GENERAL TERMS AND CONDITIONS FOR THE USE OF THE Turbine Incubator Limited holder of Business Registration Card bearing No: 135071 (hereinafter “Turbine Incubator Limited”, “us”, “we”, or “our”, the “Company”) WEBSITE, AT www.turbine.mu (hereinafter Turbine Incubator Limited website”, “the site” and/or “the website” respectively).
These terms and conditions set forth the legally binding terms and conditions for your use of the site at http://www.turbine.mu
The information offered by or through the website is made available subject to these Terms and Conditions. By using the website, you agree to be bound by, and to comply with, these Terms and Conditions and any further terms & conditions that the Company may implement from time to time. The Company reserves the right to make changes to this site and these disclaimers, terms and conditions at any time without prior notice.
Please read these Terms and Conditions carefully, and should you have any questions or need to contact us, these are our contact details:
Turbine Incubator Limited
Tel: +230 5481 5365
ENL House, Vivea Business Park, Moka
Email : www.turbine.mu
COPYRIGHT & INTELLECTUAL PROPERTY
All contents (including the collection, arrangement and assembly thereof) included on this website, such as text, graphics, logos, button icons, images, audio clips, databases and software, is the property of the Company or its content suppliers and protected by Mauritian and/or international copyright, trademark, patent, trade secret and other intellectual property or proprietary laws. Without derogating from the above, the Company authorises you to view, copy, download to a local drive, print and distribute the content of this web site, or parts thereof, provided that:
- Such content is used for information purposes only;
- Such content is used for non-commercial purposes. You are expressly prohibited from incorporating any of the material from this web site in any other work, publication or web site of your own or belonging to another.
- Any reproduction of material from this web site or portion thereof must include this notice in its entirety.
- No mention is made of the Company’s website on any other website, or link set up connecting this website with any other website, without the prior written consent of the Company.
LINKS AND FRAMING
You may not use our company logo or other proprietary graphic to link to this site without the express written permission of the Company. Further, you may not frame any trademark, logo or other proprietary information, including the images, content, without our express written consent. We make no claim or representation regarding, and accept no responsibility for, directly or indirectly, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the site, or websites linking to the site. Unless otherwise is expressed in writing, such sites are not under the control of our company and we shall not be responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. You hereby acknowledge and agree that we are not responsible for the availability of such external websites or resources, its content, including, without limitation, any link contained in such content, or any changes or updates to such content. If you decide to access links to third-party websites, you do so at your own risk. Any concerns regarding any external link should be directed to the relevant site administrator or web master.
The information, content, services, products and materials published on this website, including without limitation, text, graphics and links are provided on an “as is” basis. The Company makes no representations or warranties of any kind whatsoever express or implied, as to the operation of this website or the accuracy, correctness or completeness of the information, contents, materials, or products included on this website. Without limiting the generality of the foregoing:
- The Company does not warrant that this website, will be error free, or will meet any particular criteria of accuracy, completeness or reliability of information, performance or quality; and
- Whilst the Company has taken reasonable measures to ensure the integrity of this website and its contents, no warranty, whether express or implied, is given that any files, downloads or applications available via this website are free of viruses, Trojans, time-locks or any other date or code which has the ability to corrupt or affect the operation of your system.
- Also, we accept no liability in respect of losses or damages arising out of changes made to the content of this website by unauthorised third parties.
LIMITATION OF LIABILITY
In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special and/or consequential damages arising out of or in any way connected with the use of this website. Such limitation shall also apply with respect to damages resulting from the inability to use this website, loss of data, viruses, the operational failure of this web site, or for any information, data, products, and services obtained through this website, or otherwise arising out of the use of this website, whether based on contract, tortious, strict liability or otherwise, even if the Company and/or any of its suppliers has been advised of the possibility of damages, and regardless of the conduct, whether act or omission, of the Company, its directors, employees, agents, associates or any person anyway connected with the Company.
If the website contains statements or information which relate to projections, plans or objectives or future economic performance, you should be aware that these projections are only predictions and that actual events or results may differ materially.
The Company accepts no liability however caused (to the maximum extent permitted by applicable law) arising out of the use of or access to this website (which includes without limitation) any errors or omissions contained in this website or if the website is unavailable and we shall not be liable for any direct and/or indirect: economic losses (including without limitation loss of revenues, data, profits, contracts, use, opportunity, business or anticipated savings; loss of goodwill or reputation; or loss or damage which was not reasonably foreseeable, suffered or incurred arising out of or in connection with your use of this website and/or these terms and conditions.
The limitations of liability herein shall be to the benefit of any and all other entity/ies within the ENL Group for which, the Company is processing personal data.
While every effort is made to update the information on this site regularly and to offer the most current, correct and clearly expressed information possible, there may be instances where such information proves inaccurate or incomplete. Before placing any reliance on the data and information provided on this site please consult the Company directly or approach your own professional advisors. You should take all reasonable steps to ensure and verify the accuracy of the contents, data and information obtained from this site, and you are advised to consult such third-party advisors, whether they be tax advisors, lawyers, accountants or specialists in any international and national matters.
Information contained in any e-mail message and all/any attachments thereto from the Company may contain both confidential and private information intended for a specific addressee and sent for a specific purpose. If you are not the addressee you must not disclose, copy, distribute or take any action based on the contents hereof. You are to inform the sender immediately and destroy all copies hereof. Any copying, publication or disclosure of this message, or part thereof, in any form whatsoever, without the sender’s express written consent, is prohibited. Neither the Company the sender of this e-mail or any other representative of the Company will be liable for any loss, damage, or expense of whatever nature resulting directly or indirectly from this e-mail. The views and opinions expressed or implied by the sender in this e-mail do not necessarily express the views and opinions of the Company and do not constitute a guarantee or proof of the facts mentioned herein. No employee or intermediary is authorised to conclude a binding agreement on behalf of the Company without the express written confirmation by a duly authorised representative of the Company.
VIOLATION AND WAIVER
Should you breach these Terms and Conditions and/or any other rights of the Company, the reserves the right to pursue any and all legal and/or equitable remedies against you. If it should fail to enforce any right or provision in these Terms and Conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms and Conditions.
If a court should find that one or more rights or provisions set forth in these Terms and Conditions are invalid, you agree that the remainder of the Terms and Conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
The Company reserves the right, at its sole discretion, to modify or replace these Terms and Conditions by posting the updated terms on the site. Your continued use of the site after any such changes constitutes your acceptance of the new Terms and Conditions.
Please review these Terms and Conditions periodically for changes.
The Proprietor of the site may assign its rights and duties under these Terms and Conditions to any party at any time without notice to you.
CONTROLLING YOUR PERSONAL INFORMATION
In some cases, you may choose how we use of your personal information in the following ways:
Whenever you are asked to fill in a form on the website, look for the box that you can click to indicate that you want the information to be used for direct marketing purposes.
This Agreement (and any further rules, polices, or guidelines incorporated by reference) shall be governed and construed in accordance with the laws of Mauritius, without giving effect to any principles of conflicts of law.
the Company is dedicated to providing the highest quality of service to its users. If you have any concerns about material/content which appears our Website, please write to us or send to us an email as per our contact details above.
Enjoy visiting our website!
General Terms & Conditions
1.1. Turbine Incubator Limited (hereinafter referred to as “Turbine”) (Business Registration No C15135071) is engaged in assisting start-ups by facilitating networking, the provision of services and funding by third parties to those start-ups.
1.2. This website (hereinafter referred to as the “Website”) enables:
Start-ups (whether legal or natural persons) to register with Turbine on specific programs whereby Turbine endeavours to facilitate the provision of different support services, products and/or funding opportunities by third parties to those start-ups.
persons (whether legal or natural persons) to join and register with Turbine as a coach, expert or investor for start-ups registered with Turbine.
These registrations shall collectively and individually and indistinctly be referred to as the “Registration(s)”) and any applications submitted to Turbine (whether through the Website or otherwise) in respect of those Registrations shall hereinafter be referred to as “Application(s)”. Any person, whether a legal or a natural person, having submitted an Application, whether it is being processed or it has been approved by Turbine, shall hereinafter be referred to as an “Applicant”. The Applicant of an approved Application may also be hereinafter referred to as a “Registered Collaborator”.
1.3. Any and all Applications, whether submitted to Turbine through this Website or otherwise shall be subject to and governed by the present General Terms & Conditions, unless otherwise is agreed in writing by Turbine. By submitting their Application, Applicants and/or Registered Collaborators shall be deemed to have read and accepted these present General Terms & Conditions and to abide to them at all times (hereinafter also referred to as the “Agreement”). This Agreement shall be binding between Turbine and Applicants/Registered Collaborators (hereinafter referred to collectively as the “Parties”).
1.4. Unless otherwise is expressly agreed by Turbine in writing, Turbine solely acts as a facilitator, intermediary and introducer, namely between Registered Collaborators, leveraging on its network to benefit start-ups. Turbine shall not be liable for any liability and/or prejudice whatsoever arising from:
i. any services contracted from third parties, such as coaches, experts and/or investors registered with Turbine and/or presented by Turbine;
ii. the feasibility of any start-up and/or the accuracy and/or veracity of any information and/or warranties provided by those start-ups;
iii. the financial stability and good standing of any Registered Collaborator.
1.5. Turbine shall determine its fees for the services provided hereunder and shall notify Applicants and Registered Collaborators thereof.
1.6. These General Terms & Conditions are complimentary to any written agreement entered into between Turbine and a Registered Collaborator. However, should there be any conflict between these General Terms & Conditions and such other written service agreement entered into between Turbine and a Registered Collaborator, these General Terms and Conditions shall prevail, unless otherwise is agreed in writing with Turbine
2. Application(s) for Registration(s):
2.1 Applications submitted to Turbine for Registration shall be subject to processing and screening by Turbine, in such manner as the latter shall solely determine.
2.2. Natural persons submitting any Applications must be aged 18 years or above and must have the capacity to contract on their own, as per law, failing which those Applications and any Registration in respect thereof shall be automatically null and void.
2.3. During the processing and screening of Applications, Turbine shall be entitled to request from the Applicant such documents and information as Turbine considers necessary, for example for identification and/or AML/CFT purposes. The Applicant shall fully cooperate to fulfil such requests made by Turbine, in a timely manner, failing which, Turbine shall be entitled to reject the Applicant’s Application for Registration.
2.4. Turbine shall, at its sole discretion and without need to provide any justification, be entitled to accept or reject Applications after processing and screening. Turbine provides no warranties as to:
- any delay for processing any Applications.
- the veracity, completeness and accuracy of any information, documents and representations submitted to it for the purposes of any Application and/or Registration.
2.5. All Applicants hereby irrevocably warrant that all information, documents and representations submitted and made for the purposes of any Application and/or Registration are authentic, exact, true and accurate at all times.
2.6. Applicants shall immediately notify Turbine in writing of any change to any particulars, information, documents and representations submitted for the purposes of any Application and/or Registration.
2.7. It shall be forbidden for Applicants and Registered Collaborators and/or their officers and representatives to:
- submit any false, misleading and/or erroneous information, documents and representations for the purposes of any Application and/or Registration, such as without limitation, those pertaining to their capacity, title, qualifications, accreditation and/or affiliation with any accreditation body or authority; and/or
- Impersonate any other person (whether a legal or natural person) and/or infringe on any third-party intellectual property rights.
2.8. Any person applying for Registration on behalf of an Applicant hereby irrevocably warrants that he/she is duly authorised to do so.
2.9. Once an Applicant’s Application is approved by Turbine, the Applicant shall be registered with Turbine for support services agreed to by the Parties. Notwithstanding Registration of the Applicant with Turbine, the latter shall at any time, be entitled to request the Applicant for such documents and information as Turbine shall deem necessary such as (without limitation) those pertaining to his Application and/or Registration, his identity and/or his compliance with these General Terms & Conditions. The Applicant shall fully cooperate to fulfil such requests made by Turbine in a timely manner, failing which, Turbine shall, as of right and without need for any formality, be entitled to suspend or terminate the Applicant’s Registration.
2.10. If an Applicant’s Application is rejected or his Registration is terminated by Turbine, this Agreement shall be terminated as of right, without however, affecting any rights and liabilities occurring prior to the date of termination hereof and without prejudice to any obligations, which by their nature, survive and will continue to apply after such termination.
2.11. No Registrations hereunder shall be assignable or shall grant any right to sub-contract any services to third parties without Turbine’s prior written consent.
3. Code of Conduct:
3.1 Each Applicant and Registered Collaborator hereby undertakes and warrants as follows:
- to comply with any and all applicable laws and regulations in force, for example those pertaining to health and safety; tax including registration, declarations and payments to tax authorities; labour laws including registration and declaration of employees, employment conditions;
- that it (including its shareholders and their respective officers and employees) shall refrain from bringing it or Turbine into disrepute or doing anything that Turbine believes is likely to bring it or Turbine into disrepute;
- that it is not bankrupt or insolvent and/or is not the subject of any compromise with its creditors and/or any bankruptcy proceedings or winding-up, whether voluntary or otherwise;
- there is no material change in its shareholding or management affecting its control;
- to act ethically, lawfully and professionally;
- refrain from committing any criminal act or suspected criminal act or any act of dishonesty;
- that it shall refrain from conducting any child labour prohibited by law;
- that it shall not impersonate any other person (whether a legal or natural person) and/or infringe on any third-party intellectual property rights;
- to adhere to ENL’s Code of Ethics (as may be amended from time to time), available here;
- that all particulars, information and documents that it provides to Turbine, any other Registered Collaborators and/or any third party, pursuant to their Registration shall be at all times, true, genuine and accurate;
- that it has the requisite licences and permits under law, to be able to collaborate with Turbine, any other Registered Collaborators and/or any third party, pursuant to its Registration;
- to comply with any and all internal policies and procedures at Turbine’s premises;
- That these General Terms & Conditions are strictly adhered to by its shareholders and their respective officers, employees, agents and contractors;
- To bear any and all liability for any failure by its shareholders and their respective officers, employees, agents and contractors to adhere to these General Terms & Conditions.
3.2 All meetings between Registered Collaborators pertaining to Registration hereunder, shall be held at Turbine, Vivea Business Park, or at such other place as may be determined by Turbine and communicated to the Registered Collaborators concerned.
4. Termination or Suspension of Registration:
4.1. In the event of any breach of any one or more of these General Terms and Conditions by a Registered Collaborator, Turbine shall be entitled, at its sole discretion, as of right and without need for any formality, to:
- Suspend with immediate effect, the Registration and any facilitation and/or services provided by Turbine in relation thereto; or
- Terminate with immediate effect, the Registration, in which case, this Agreement and/or any other agreement between Turbine and the defaulting Applicant or Registered Collaborator concluded in the light of such Registration, shall automatically terminate without however, affecting any rights and liabilities arising prior to the date of termination of those agreements and without prejudice to any obligations, which by their nature, survive and will continue to apply after such termination.
4.2. Either Party shall be entitled to terminate the Registration and an Applicant shall be entitled to withdraw its Application, upon one month’s written notice thereof to the other Party, unless otherwise is agreed between the Parties in writing.
4.3. Notwithstanding anything else stipulated in these General Terms & Conditions, Turbine shall be entitled to cease with immediate effect, any Registrations as it deems fit, where it ceases to provide any facilitation and/or service.
4.4. Turbine shall not be liable whatsoever, for any damages, losses and/or prejudice (whether direct or indirect) being claimed as a result of its decision to reject any Application and/or suspend or terminate any Registration.
5.1. Unless otherwise is expressly agreed by Turbine in writing, Turbine:
- shall act solely as a facilitator and intermediary, namely with the aim of connecting Registered Collaborators within its network; and
- is independent, shall not be considered as an agent of any third party, such as any Registered Collaborator;
- Is not a party to any contract between any Registered Collaborators, such as between start-ups and coaches/experts or start-ups and investors; and
- although Turbine will use its reasonable endeavours to conduct adequate screening of all Applications, Turbine does not warrant as to the reliability, feasibility, profitability, due diligence, quality, scope of work and/or performance of:
- any third party/ies such as coaches, experts, investors and/or start-ups registered with Turbine and/or presented by Turbine, including their shareholders, contractors and their respective officers, employees etc. and/or the accuracy and/or veracity of any information and/or warranties provided by those third parties to Turbine.
- Applicants and Registered Collaborators shall be responsible for conducting their own due diligence before entering into any dealings and/or transactions with third parties, whether or not Registered Collaborators or introduced by Turbine. Turbine shall not be liable for any failure by a Registered Collaborator to honour any legal and/or contractual obligations towards another Registered Collaborator.
5.2. Nothing in this Agreement shall entitle an Applicant and/or Registered Collaborator to bind Turbine into any contracts, agreements and/or undertakings, without Turbine’s prior written consent and vice versa.
5.3. Third parties offering their services to any of the Registered Collaborators, whether or not through Turbine’s facilitation, shall be considered as independent and shall:
- at their own discretion, decide on their own service offerings and pricing;
- be liable for any and all liability pertaining to or arising from the services that it provides, including the health and safety of its employees, filings with the tax authority etc.
5.4. Nothing in this Agreement shall be deemed to infer a relationship of employer and employee or any partnership between Turbine and any Applicant and/or Registered Collaborator.
5.5. To the fullest extent permitted by law and unless otherwise is expressly agreed by Turbine in writing, Turbine and its shareholders and/or any of their respective officers and/or employees shall not be liable whatsoever for any liability and/or prejudice whatsoever arising from Turbine’s services such as any facilitation by Turbine of the provision of services by third parties whether or not Registered Collaborators and/or any processing of Applications and/or Registrations.
5.6. In the event of any third-party claims brought against Turbine, its shareholders and/or any of their respective officers and/or employees as a result of any service or undertaking provided by the Applicant and/or Registered Collaborator and/or breach by the Applicant and/or Registered Collaborator of any one or more of these terms and conditions, the Applicant and/or Registered Collaborator shall hold Turbine harmless against such claims and indemnify them for any sums which, they may be required to pay (including legal fees) as a result of such claims.
6. Confidentiality and Intellectual Property:
6.1. Each Applicant and/or Registered Collaborator undertakes to keep as strictly confidential, and not to divulge and/or not to disclose whether verbally, in writing and/or otherwise, directly and/or indirectly any information disclosed to it by Turbine and/or another Registered Collaborator and/or any other person presented by Turbine or which it may come into possession of and/or knowledge of under this Agreement, unless otherwise is agreed to by the proprietor of such information in writing. Any unauthorised disclosure of confidential information under this Agreement shall cause serious prejudice to owner of that information that cannot necessarily be quantified as damages. Any reports and/or findings communicated by Turbine under this Agreement shall also be considered as strictly confidential and belong to Turbine and cannot be relied upon by any third parties. Notwithstanding the aforesaid, as part of Turbine’s services, it is agreed between the Parties that Turbine shall be entitled to share with other Registered Collaborators, the Registered Collaborator’s information provided as part of Registration and/or to Turbine for the purposes of the latter’s services hereunder.
6.2. No supply, availability, communication and/or disclosure of any information under this Agreement to a Registered Collaborator by Turbine and/or another Registered Collaborator and/or any other person presented by Turbine, including their respective employees, agents, consultants etc. shall create whether explicitly or otherwise, any licence, transfer of ownership, title or interest in respect of any intellectual property rights of the proprietor.
6.3. These obligations of confidentiality and non-infringement on intellectual property shall hereunder survive the termination of this Agreement.
7. Coaches, Experts and Investors:
The following terms and conditions shall apply for specified Registered Collaborators.
A. Coaches and experts shall in respect of start-ups designated by Turbine:
- connect the start-up with new networking opportunities and to follow-up on the progress of the start-up.
- accompany and guide start-ups in accordance with Turbine’s code of ethics and guidelines.
- Conduct a first meeting with the start-up during which, it shall agree on a work plan with the start-up which includes key goals and metrics that will guide the progress of the collaboration.
- Encourage self-development and autonomy of start-ups by allowing the entrepreneurs to take full ownership, their own decisions and responsibility of their own decisions.
- not have any conflict of interest with the start-up and/or its projects.
B. Each Investors shall:
- for the purposes of its Application and Registration comply with Turbine’s KYC processes and requests and the Investor warrants the following, without limitation:
- consents to Turbine (or any person appointed by it) making reasonable enquiries for the purpose of verifying the information disclosed herein and obtaining information about him.
- certifies that the monies being invested are not proceeds from illegal activities and that his investment is not designed to conceal such proceeds so as to avoid prosecution for an offence.
- undertakes to promptly notify Turbine in writing of any change in the information and/or details submitted by him as part of his Application.
- declares that all statements and declarations made in the Application and any related documents submitted, and all other information to be provided by him on request of Turbine, are true, correct and complete.
8. Use of Website
Use of this website shall be subject to the terms and conditions of use of website here.
9. Personal data
10. Governing Law
This Agreement shall be governed and construed in accordance with the laws in force in Mauritius. Any dispute or claim arising out or in connection with this Agreement shall be referred to the exclusive jurisdiction of the courts of the Republic of Mauritius.
Any notice or other communications required or permitted hereunder shall be in the English language and shall be sufficiently given by a Party to the other Party if (a) it is sent to the other Party, and (b) it is either (i) delivered in person; (ii) sent by e-mail when transmission thereof is confirmed by an activity report; or (iii) sent by registered mail (with receipt of delivery – accusé de réception), in each case, sent to the address of the addressee Party. The Applicant and/or Registered Collaborator elects his legal domicile at the address stipulated in his Application (or such other amended address notified to Turbine in accordance with this Agreement).
12.1. This Agreement comprises of the present General Terms and Conditions and any written agreement entered into between the Parties with respect to services provided or received as part of Registration with Turbine. The present Agreement substitutes and supersedes any previous agreement, whether verbal and/or in writing between the Parties, in respect of the services to be provided by the Consultant to the Company hereunder.
12.2. Turbine reserves the right to bring such modifications to these General Terms & Conditions as it deems fit.
12.3. Except as may be expressly provided for in this Agreement, a waiver by either Party, or a failure by either Party to claim a default of the other, of any provision of this Agreement shall not constitute a waiver of any default or subsequent default.
12.4. If any term of this Agreement is held to be invalid and/or unenforceable by a court of competent jurisdiction, then this Agreement, including all its remaining terms, will remain in force and effect as if such invalid or unenforceable term had never been included.
12.5. Headings used in this Agreement are provided for convenience only and shall not be used to construe meaning or intent. Words importing one gender shall include the other and words importing the singular shall include the plural and vice versa.
12.6. Any reference to a person includes, without being limited to, any individual, body corporate, unincorporated association or other entity recognised under any law as having a separate legal existence or personality.
12.7. No rule of construction shall be applied to the disadvantage of a Party to this Agreement because that Party was responsible for or participated in the preparation of this Agreement or any part of it.
Version 1.0_October 2021