Please note that applications have now closed.

These terms and conditions apply to all expressions of interest and applications submitted to Nesta (“Nesta”) for the Upstream Collaborative (“the Programme”). Please read these terms and conditions, our Privacy Policy and all information on the Programme before submitting an expression of interest and/ or application to the Programme. The Upstream Collaborative is a local authority network being facilitated operated by Nesta, who are funding the Programme.

1. Who can submit an expression of interest?

Anyone who falls within the conditions of eligibility set out in the “Eligibility” section of the Upstream Collaborative: Selection and eligibility criteria page can submit an expression of interest.

2. What happens after you apply?

2.1 We will assess all eligible expressions of interest received by the deadline set out in the “How to Apply” section of Upstream Collaborative: Selection and eligibility criteria page. At our discretion we will select applicants which in our view comply with the criteria set out in the “Criteria” section Upstream Collaborative: Selection and eligibility criteria page and have the greatest potential (“Shortlisted Applicants”). The Shortlisted Applicants will be invited to participate in a telephone interview. Following the Nesta telephone interview, Shortlisted Applicants will be assessed in accordance with the selection criteria set out under the section “5. Criteria: how successful Councils will be selected” on the Upstream Collaborative: Selection and eligibility criteria page.

2.2 Our decision about eligibility, about selection of applicants for the Programme, and about the amount and type of support to be provided (if any), shall be final. We may publish general feedback on applications to the Programme, but will not provide detailed individual feedback or enter into correspondence with individual applicants.

2.3 Any financial or other support awarded by Nesta will be subject to the satisfaction of all relevant legal and regulatory requirements, signature of appropriate legal documentation and completion of appropriate milestones. Any funds received must be through a legally incorporated organisation registered in the UK. We may only fund applications which meet our charitable objects and provide public benefit. We may impose conditions and restrictions on any private benefit or profit that may be derived from our grant. Financial support provided by Nesta may not cover all the costs of your project and VAT is not payable on grants.

2.4 You and your partners must bear any costs relating to the submission of your expression of interest, application and participation in the Programme. You must take independent legal advice if you are concerned about these terms and conditions or your participation in the Programme. Unless otherwise stated, each applicant may make only one expression of interest to the Programme.

2.5 We reserve the right to refuse to accept any expression of interest or application; to suspend or withdraw the Programme at any time; to vary the form and substance of the Programme or extend the deadlines; to reduce or increase the number of applicants selected for each phase of selection or the amount of support available under the Programme; and/or to reject any proposal or withdraw a place on the Programme if you are in breach of these terms and conditions, fail to participate fully in the Programme or in the event of an actual or potential conflict of interest. If any selected applicant subsequently withdraws or is withdrawn from the Programme, we may select a replacement applicant, but will not be obliged to do so.

2.6 We reserve the right to vary the Programme or these terms and conditions at any time and at our sole discretion. Variations will take effect from the date they are posted on our website so you must check this page regularly to see the current version. If you provide us with a contact email address, we will aim to notify you of any changes.

2.7 If you are unable to complete the expression of interest and/ or application process due to a disability, please let us know so that we can consider whether reasonable adjustments can be made.

3. Your promises to us

By submitting an expression of interest and/ or application for the Programme, you confirm on behalf of yourself and your partners that:

• all information and materials provided to Nesta by you or your partners are true, accurate and complete and you will notify us immediately of any changes to information or materials provided
• you have provided us with all information which might reasonably be thought to be relevant or necessary for us to consider your expression of interest and application
• you and your partners have, or will obtain as required, all authorisations, registrations, licences, consents and permissions necessary to submit your application, carry out your proposal and comply with these terms and conditions
• in participating in the Programme, you and your partners will act lawfully, ethically and in good faith and will comply fully with equality and anti-bribery legislation and with any other applicable laws, regulations, guidelines and codes of practice, and will comply with our reasonable requirements, including in relation to health and safety and security, while attending interviews and workshops as part of the Programme
• neither you nor any of your partners has any actual or potential conflict of interest with Nesta (including with our trustees, officers or employees) in making your application or complying with these terms and conditions and you will immediately inform us if you become aware of any such conflict of interest.

4. Use of information

4.1 We will use any personal information provided by you or your partners, including contact details for your staff and your partners’ staff, for the purpose of assessing and evaluating your expression of interest and to process your application for, and the administration of, the Programme.

4.2 We may share this information with partners and third parties (the identities of which will be drawn to your attention from time to time) helping us to run or evaluate the Programme, subject to appropriate obligations of confidentiality and data protection. Some of these organisations may process your information in countries outside of the UK or European Economic Area (EEA) where data protection laws are not the same as in the UK and/or the EEA. Please see our Privacy Policy for more information about how personal information may be used.

4.3 We may carry out publicity and promotion for the Programme and publish our research and evaluation in relation to the Programme. You agree that you and your partners will participate in publicity for the Programme and consent on behalf of you and your partners to the use of the names of your organisations, a summary of your proposal, and photographs/recordings of your participation in the Programme, in promotion and publications relating to the Programme in any media and online. Any publicity which you or your partners wish to carry out in relation to the Programme must acknowledge Nesta and be approved by both in advance.

5. Limitation of liability

5.1 To the extent permitted by law, we will not be liable to you, your partners or anyone else in respect of any direct or indirect loss, or liability, cost, claims, taxes, charges or expenses, economic loss or loss of opportunity arising in connection with your expression of interest or application to, and your participation in, the Programme and/or any reliance by you on any statement made or advice given by us, our partners or contractors. If you submit any materials or items as part of your application, you are doing so at your own risk. We give no undertakings to keep safely, maintain or return any materials or items. We do not make any warranty about the accuracy or completeness of the information provided by Nesta in connection with the Programme. Any dispute between you and/or your partners and/or any other applicant must be resolved between you and independently of Nesta.

5.2 Without prejudice to Clause 5.1, our maximum liability to you or anyone else under these terms and conditions and the Programme (including the Programme application process) (if any) will be limited to £500. Nothing in these terms and conditions shall exclude or limit our liability for death or personal injury caused by negligence or fraudulent misrepresentation made by us.

6. Governing law and jurisdiction

These terms and conditions shall be governed by and interpreted in accordance with the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the English courts.