Terms and Conditions - MYHackathon 2022

TERMS AND CONDITION

Part A – General

Introduction

  1. This website or portal (including such services as may be made available on and/or through this website or portal) (“Website/Portal”) is owned and operated by Cradle Fund Sdn. Bhd. (“Cradle”) and its approved third party vendors. Your access and/or use of this Website/Portal are governed by these Terms and Conditions including any amendments thereto which Cradle, at its sole discretion, may make from time to time (collectively referred to as the “Terms and Conditions”). Cradle has the right at any time, to change or discontinue any aspect or feature of this Website/Portal, including but not limited to the content and availability. You are advised to refer to the Terms and Conditions each time you access and/or use this Website/Portal to ascertain and understand any deletion, modifications, variations and/or additions that may be made to the Terms and Conditions from time to time and you shall be deemed to have agreed to and accepted the Terms and Conditions, including such deletions, modifications, variations and/or additions each time you access and/or use this Website/Portal.
  2. Some of the services of Cradle are subject to other applicable terms and conditions governing the provision of such services. These Terms and Conditions are meant to govern your access and/or use of this Website/Portal and are to be read together with the applicable terms and conditions governing any transactions, products and/or services provided by Cradle. In the event of conflict between these Terms and Conditions and the terms and conditions governing the relevant transactions, products and/or services, the latter shall prevail.

Disclaimer

  1. The content of this Website/Portal (including but not limited to all information, data, representations, statements, hyperlinks, articles and documents found herein) are prepared and provided on an “as is” and “as available” basis for general information only and are to be used at your own risk. They do not constitute professional, expert, investment, strategic or management advice or opinion of any kind. Accordingly, the content of this Website/Portal should not be relied on as a substitute for doing your own research and seeking your own independent advice from consultants, professionals or such other persons who are suitably qualified in the respective fields of expertise.
    1. accuracy, suitability, completeness or timeliness of use for any purpose whatsoever of such content;
    2. accuracy or reliability of any of the sources from which such content are derived (whether credited or otherwise);
    3. title, merchantability or fitness for particular purpose of any product or service listed on or directed to by this Website/Portal;
    4. non-infringement of intellectual property rights of any third party;
    5. payment and delivery obligations that may arise as a result of the use of the content of this Website/Portal;
    6. confidentiality of any information disclosed to any party, person or entity listed on or directed to by this Website/Portal; or
    7. viability or feasibility of any business opportunity, model or any type of investment whatsoever.
  2. For the avoidance of doubt, Cradle hereby expressly disclaims any and all liability of any nature and does not provide any warranties, express or implied for any loss or damage howsoever caused in connection with or arising from the browsing, downloading, uploading or the use of, reliance on or inability to use any of the content of this Website/Portal, or from any action or decision taken as a result the browsing, downloading, uploading or the use of or reliance on any of the content of this Website/Portal.
  3. You acknowledge and agree that Cradle, its officers, directors, employees, affiliates and agents, or any of them, shall in no event or in any manner be liable to any user of this Website/Portal for any damages or losses of any kind or nature, including, but not limited to, direct, incidental or consequential damages, loss of income, loss of profit or anticipated profit, loss of goodwill or reputation, arising out of the use of, access to or any manner connected with this Website/Portal, it’s content, material or services even if Cradle, its officers, directors, employees, affiliates and agents, as the case may be, has been advised of the possibility of such damages resulting from use of, access to or any manner connected with this Website/Portal, its content, material or services. Nothing in this Terms and Conditions shall limit our liability or the liability of our officers, directors, employees, affiliates and agents as the case may be for death or personal injury resulting from our or their negligence.

Cookie/Tracking Technology

  1. This Website/Portal may use cookie and other tracking technologies depending on the features offered. Cookie and tracking technologies are useful for gathering information such as browser type and operating system, tracking the number of visitors to the site, and understanding how visitors use the site. Cookies can also help customize the site for visitors. The cookies used in this Website/Portal will not identify the IP address and individual user.

Personal Data Protection

  1. Cradle’s PERSONAL DATA PROTECTION STATEMENT (“Privacy POLICY”) sets out the general terms regarding the manner in which personal data is processed by Cradle. If you provide personal data to Cradle by accessing and/or using this Website/Portal, you are deemed to have consented to the processing of the personal data by Cradle in the manner set out in the said Statement.

Indemnity

  1. By using and/or accessing this Website/Portal, you agree to indemnify, defend and hold Cradle, its officers, directors, employees, vendors, affiliates and agents harmless of and from any claims, suits, proceedings, demands, damages, costs or expenses (including, but not limited to, reasonable attorney’s fees and costs (including expert witness costs and other costs of any such suit or proceeding), and liabilities of any kind or nature, arising out of or related to a violation of these Terms and Conditions, any content that you use, post or transmit through this Website/Portal, your conduct on the Website/Portal or violation of any rights of any third party (including, but not limited to, any assertions of infringement of intellectual property rights.)

 

 

User conduct

  1. You shall use this Website/Portal for lawful purposes only. In this regard, you further acknowledge and agree not to:
    1. upload, post, publish, e-mail, reproduce, link directly or indirectly, distribute or otherwise transmit any content that is unlawful, harmful, threatening, embarrassing, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, deceptive, fraudulent, hateful, racially or ethnically discriminatory, invasive of another’s privacy, contains explicit or graphic descriptions or accounts of sexual acts or violence, discriminates , victimizes, degrades or intimidates an individual or a group of individuals based on religion, gender, sexual preferences, race, age, or disability, promotes or provides any instructional information of violence, illegal activities or sexual misconduct or cruelty to animals;
    2. impersonate any person or entity or misrepresent your affiliation with a person or entity;
    3. forge or manipulate headers and/or identifiers to disguise the origin of any context or use any service as storage for remote loading or as a door/signpost to another homepage or website;
    4. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that is not yours or which you do not have any right, whether legally, contractually or through a fiduciary relationship or otherwise, to the said content;
    5. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any individual or entity;
    6. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any content or form of solicitation including, but not limited to any advertising, promotional materials, “junk mail”, “spam”, “chain-letters”, or “pyramid schemes” UNLESS such form of solicitation is expressly permitted by Cradle for such a designated purpose. However, such proviso does NOT apply to any “junk mail”, “spam, “chain-letters”, or “pyramid schemes” or other generic forms;
    7. upload, post, publish, e-mail, reproduce, distribute or otherwise transmit any material that is infected with software viruses, Trojan horses, worms, logic bombs or any other infections or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to carry out any other similarly destructive activity;
    8. act in any manner that negatively affects other users’ ability to engage in this Website/Portal or use any of the services herein;
    9. engage in any activity that is contrary to or which would adversely affect the purpose or intention of this Website/Portal;
    10. engage in any manner that is interfering and/or disrupting or in breach of the procedures, policies or regulations of any of the servers or networks connected to this Website/Portal;
    11. intentionally, in a negligent manner or innocently violate any applicable local, state, national or international law currently in force (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising) or otherwise create any liability for Cradle or its affiliates; and
    12. shall not undertake any scheme to undermine the integrity of the computer systems or networks used by Cradle and/or any other user and you shall not attempt to gain unauthorized access to such computer systems or networks.

 

Control and monitoring

  1. You acknowledge and agree that, where any material in any form or manner is created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by any third party user, Cradle will not pre-screen, control, monitor, guarantee, review or edit any such material. However, Cradle has the discretion, for any reason whatsoever and without providing any reason, to modify, add, delete or refuse, in whole or in part, any material in any form or manner, if Cradle is of the opinion that such material is in breach of the spirit of any of the Terms and Conditions or is undesirable, inaccurate or untrue.
  2. You acknowledge and agree that Cradle may disclose and inform any authorities of any material in any form or manner created, maintained, uploaded, posted, published, e-mailed, reproduced, distributed or otherwise transmitted by you if, in the sole and absolute discretion of Cradle and without reference to you or any person(s) whatsoever, it be necessary or compulsory to comply with any authorities, legal or otherwise, or necessary or compulsory to comply with any valid claims that such material has violated any third party rights, property or the personal safety of Cradle, its affiliates, directors, officers, employees, agents, successors and assignees, or of the general public.

Copyright

  1. Unless otherwise stated, all content within this Website/Portal including but not limited to, the rights to the look and feel of this Website/Portal, any headers and titles, text, graphics, images, audio and video clips, software, title, logo, trademark, marks, patents and legend or any other proprietary rights are either owned by Cradle or have been licensed to Cradle by the respective owners of those rights for use in the Website/Portal and are protected in accordance with the applicable intellectual property laws. You hereby acknowledge and agree that Cradle shall have the exclusive rights conferred to it under law and shall be entitled to institute any legal action or proceedings for any infringement, breach or default of its rights.
  2. You hereby agree that Cradle shall be indemnified for any damages, costs of solicitors and any interest charged for the defense of Cradle, its affiliates, directors, officers, employees, agents, successors or assignees, against any other individual or entity arising from your violation of any of the Terms and Conditions.

Linked sites

  1. This Website/Portal may contain links to third party websites. You acknowledge and agree that Cradle will not be held liable, directly or otherwise, or is in any way responsible of the content of the third party websites you access to since Cradle does not review, control or examine the content of the third party websites. Further, Cradle’s linking to such third party websites or posting of materials or advertising of such third party websites is not an endorsement of or representation concerning these third party websites, materials, products or services. All title, logo, trademark and intellectual property rights in the content of any third party websites is the property of the respective owner of such linked websites and may be protected by applicable copyright or other intellectual property laws or treaties. You are hereby advised to read the terms and conditions and any policy that governs the particular third party website. Cradle has the right and the sole discretion to add, change, decline or remove, without any notice, any feature or link to any of the linked sites from this Website/Portal. You may only link another website to this Website/Portal with Cradle’s prior permission. Cradle’s agreement to link with any other website should not be interpreted or represented to be an endorsement by Cradle of any product, position, entity or organization.

Registered Users / Contributors

  1. Usage of certain products and services in this Website/Portal may require registration. In such case where registration is required, you are identified as a “Registered User” upon the completion of the applicable registration process and you shall agree as follows:
    1. You shall be responsible for the confidentiality of the user account established for you, including the user ID and password assigned to and/or created for the user account.
    2. You shall be responsible for all uses and the content of your user account.
    3. If you have registered as a business entity, you represent that:
      1. you have the authority to bind the entity to the Terms and Conditions of this Website/Portal;
      2. the address you use when registering is the principal place of business of such business entity; and
      3. all other information submitted to the Cradle and this Website/Portal during the registration process is true, accurate, current and complete.
    4. Cradle reserves its right to suspend or terminate a Registered User’s account at any time.
    5. You as a Registered User may not sell, attempt to sell, offer to sell, give, assign or otherwise transfer a user account, ID or password to a third party without the prior written consent of Cradle. Cradle may suspend or terminate the account of a Registered User or the transferee of a Registered User in the event of a sale, offer to sell, gift, assignment or transfer in violation of this section.
    6. Cradle also reserves the right to refuse registration and deny the issuance of an account and/or any other related account and associated user ID and password to any user for any reason.
  2. By submitting any idea, suggestion, feedback, comment, proposal, materials, information and/or document (“Contributions”) through this Website/Portal, you acknowledge and agree that:
    1. The Contributions do not contain any confidential or proprietary information and Cradle is not under any confidentiality obligation, express or implied, with respect to the Contributions; and
    2. The Contributions automatically become the property of Cradle without any obligation of Cradle to you, unless provided otherwise by the law.
  3. No sales agency relationship is created between you and Cradle, our affiliates, directors, officers, agents or employees by virtue of Cradle’s display of any of your information on this Website/Portal or its relevant micro-site.
  4. You hereby represent, warrant and agree to:
    1. provide Cradle with true, accurate, current and complete information to be displayed on this Website/Portal and/or the relevant micro-site; and
    2. maintain and promptly amend all information to keep it true, accurate, current and complete.
  5. You hereby represent, warrant and agree that you have obtained all necessary third party copyright, trademark, trade secrets or patent licenses and permissions, or such other licenses or permissions as may be required in connection with any other personal or proprietary rights of any third party, for any material or information you posts on this Website/Portal and/or the relevant micro-site or provide to Cradle or authorize Cradle to display. Third party copyrights, trademarks, trade secret rights, patents and other personal or proprietary rights affecting or relating to material or information displayed on this Website/Portal and/or the relevant micro-site, or affecting or relating to the products and services that are made available or displayed on this Website/Portal and/or the relevant micro-site, are hereafter referred to as “Third Party Rights.” You hereby represent, warrant and agree that you shall be solely responsible for ensuring that any material or information that you post on this Website/Portal and/or the relevant micro-site or provide to Cradle or authorize Cradle to display does not, violate any Third Party Rights, or is posted with the permission of the owner(s) of such rights.
  6. You hereby represent, warrant and agree that information which you have submitted to Cradle for display on this Website/Portal and/or the relevant micro-site shall be in accordance with the User Conduct stated in this Terms and Conditions.
  7. You hereby grant an irrevocable, perpetual, paid-up in full, worldwide and royalty-free, sub-licensable (through multiple tiers) license to Cradle to display and use all information provided by you in accordance with this Terms and Conditions and to exercise the copyright, publicity, and database rights you have in such material or information, in any media now known or not currently known.
  8. Cradle reserves the right in its sole discretion to remove any material displayed on the relevant micro-site which it reasonably believes is unlawful, could subject Cradle to liability, violates this Terms and Conditions or is otherwise found inappropriate in Cradle’s sole and absolute discretion. Cradle reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing. You agree that Cradle shall have no liability to you, including no liability for consequential or any other damages, in the event Cradle takes any of the actions mentioned in this section, and that you agree to bear the risk that Cradle may take in connection with any such actions.

Miscellaneous

  1. Cradle retains the right, at any time and without any notice or cause, to discontinue this Website/Portal and any services made available on and/or through this Website/Portal.
  2. You acknowledge and agree that the laws of Malaysia shall govern the Terms and Conditions, and the courts of Malaysia shall have jurisdiction in connection to any claim and dispute involving Cradle, its affiliates, directors, officers, employees, agents, successors or assignees. Users who choose to access this Website/Portal from other locations other than Malaysia shall do so on their own initiative and are personally responsible to comply with all applicable local laws affecting or being applicable to the particular user.

If any of the provisions of these Terms and Conditions are deemed to be illegal, void or unenforceable for any reason, then such offending provision shall be deemed to be severed from these Terms and Conditions and the remaining unaffected Terms and Conditions shall remain in full force and effect. Any failure by Cradle to enforce any Term and Condition shall not be deemed to be a waiver of any right to enforce such Term and Condition in the future.

Part B – MYHachackathon 2022 & MYStartup Hackathon 2022 Program

Binding Terms

 

  1. Any individuals and/or company that wishes to join the hackathon program agrees to comply with all applicable laws, program Terms and Conditions, and any other guidelines or instructions provided to you by Cradle in connection with the respective programme.
  2. You represent and warrant that you have the authority to bind your team and/or your Company and its participants to the program Terms and Conditions, and
  3. You agrees that all decisions of Cradle are final and binding on you and/or your Company, and its participants.

 

Registration & Submission Process

 

  1. All applicants must complete and submit the complete registrations and submission process on the MYHackathon 2022 online portal only.
  2. You must ensure that all information and documents which are to submitted to Cradle are accurate, current, true and complete. Cradle reserves its right to reject your documents without prior notice to you and/or your company.
  3. All applications that do not comply with these terms and conditions are invalid and will not be accepted.

 

Selection of Successful Participants

 

  1. An evaluation panel composed of representatives from Cradle and its appointed parties (“the Evaluation Panel”) will assess all applications against the evaluation criteria determined by Cradle in its sole discretion.
  2. The Evaluation Panel’s decision will be final, no correspondence or contestant will be entertained. Cradle shall have the right not to disclose any details regarding the Evaluation Panel’s assessment of applications except where required to do so by law.
  3. Cradle may at any time request valid proof of eligibility, including but not limited to identity, corporate organisation, age and other relevant documentation as required.
  4. Cradle may disqualify an applicant and/or company at any time without notice for any reason, including, without limitation, if Cradle determines (in its sole discretion):
    1. that the proof provided is not sufficient; or
    2. the applicant and/or company does not otherwise meet the Programme’s eligibility criteria; or
    3. the applicant and/or company fails to comply with these Terms; or
    4. attempts in any way to disrupt or undermine the Programme; or
    5. to circumvent any of these Terms.

 

Cancellation of the program

 

  1. If for any reason Cradle cannot run the Programme as planned due to but not limited to any Force Majeure events (including without limitation as a result of pandemic, war, floodings, earthquake, technical systems failure and/or any other cause that corrupts, impairs or affects the implementation, administration, security, fairness, integrity, or improper conduct of this Programme), Cradle may cancel, modify, extend or suspend the programme in its sole discretion without prior notice to you. You are solely responsible to check the updates from Cradle from time to time at.

 

Termination and Disqualification of Any Applicants in the Program

 

  1. Cradle shall have the right to terminate you and/or your company’s application for cause and specifying the termination effective date should you breach any of the Terms herein and/or becomes bankrupt or insolvent or a winding up procedure has been initiated against your company or a receiver has been appointed by the Court.
  2. Cradle may at any time, terminate you and/or your company’s application without cause by specifying the effective date of your termination from participating in the programme.
  3. Cradle reserves the right to disqualify any application that is deemed to contain information that is incorrect or misleading or fraudulent; or defamatory, abusive, insulting, threatening, obscene, inflammatory, offensive or otherwise contain content which, in Cradle’s opinion, is inappropriate or objectionable.
  4. Cradle shall not be liable to you and/or your company for any losses, claims, damages and costs incurred in the event of termination of your and/or your company’s application.
  5. Cradle reserves all its rights under these Terms and as provided by the law.

 

Limitation of Liability

 

  1. Except for any liability that cannot be excluded by law, Cradle (including its officers, employees and agents) will not be liable for any loss or damage whatsoever that is suffered or sustained (including but not limited to indirect or consequential loss) or for any death, illness, personal injury or property damage suffered or sustained (even caused by negligence), as a result of, or in any way connected with, this application process.
  2. To the extent permitted by law, you and/or your company agree to release, fully indemnify and keep fully indemnified, Cradle (including its officers, employees and agents) from and against all liability, cost, loss, damage, expense, claim or other right of action arising out of, or in connection with, the application process.
  3. Cradle accepts no responsibility for any problems or technical malfunction of any communication network or for any late, lost, incomplete, incorrectly submitted, delayed, illegible, corrupted or misdirected applications, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. Cradle have no control over telephone communications, networks or lines and accepts no responsibility for any problems associated with them, whether due to traffic congestion, technical malfunction or otherwise.

 

Expenses

 

  1. You and/or your Company (if applicable) are responsible for all expenses in connection with your application and/or your participations in the Programme.
  2. You and/or your Company will be responsible for all expenses relating to programme attendance(s) with Cradle (in the event that you are selected as a participant). The location of such programme(s) will be determined by Cradle in its sole discretion. You may elect to participate in such programme(s) in person physically or via video conferencing service online.

 

 

 

Relationship with Cradle

 

  1. You and/or your company acknowledge that nothing in these Terms will constitute an employment, joint venture, or partnership relationship between you and/or your company with Cradle. In no way are you and/or your company to be construed as the agent or to be acting as the agent of Cradle, in any respect, and vice versa.

 

Publicity

 

  1. You and/or your company agree that you and/or your company will not issue any press release or make any public statement or disclosure about the Programme without Cradle’s prior written consent, and that failure to comply with this may result in disqualification.
  2. You and/or your company acknowledge and understand that by attending any Program-related event in person as a participant, you and/or your company agree that Cradle and its affiliates may photograph, videotape and otherwise record footage of you and/or your company in relation to your participation in the Programme (collectively, “Footage”). By submitting an application or any materials, you and/or your company hereby warrant and represent that you and/or your company have secured the same consent from each participant from your Company. Footage, including all copyright and other rights therein and thereto, will be owned by Cradle, and Cradle will have the right but not the obligation to use, edit, copy, publish and exploit such Footage and all elements embodied therein, in whole or in part, in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, publicity, promotional, trade and other purposes without further notification, permission, or consideration. You and/or your company agree to complete any further release or waiver required by Cradle in relation to such Footage or you and/or your company participation in the Programme.
  3. Except where otherwise prohibited by law, you and/or your company consent to Cradle’s use of your Company’s name as well as your name, voice, likeness, biographical information and other indication of identity in any and all media now known or hereafter devised throughout the world, in perpetuity, for advertising, publicity, promotional, trade, and other purposes without further notification, permission, or consideration. You also grant to Cradle a revocable, non-exclusive, non-transferable license to use your or your Company’s trademarks, service marks, logos, trade dress, trade names and service names to publicise your participation in the Programme.
  4. By submitting an application, you and/or your company are representing and warranting that you have secured the same consent from each participant from your Company equivalent to the consents in the preceding paragraph and you agree that you will secure the same written consent from any person who accompanies you or accompanies a participant from your Company to any Programme-related event or other Cradle events. You agree that you will provide Cradle with copies of the written consents required by this Section “Publicity” upon request by Cradle.

 

Confidentiality

 

  1. Any information which is proprietary to Cradle which is acquired by you shall not be disclose to any other person without the prior written consent of Cradle. The obligations stated herein shall continue notwithstanding the termination or expiration of the programme.

 

 

 

Miscellaneous

  1. If any clause in these Terms and Conditions shall become or shall be declared by any court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall in no way affect any other clause or part of any clause, all of which shall remain in full force and effect, so long as these Terms and Conditions shall be capable of continuing in effect without the unenforceable term.
  2. You and/or your company shall not assign, transfer, novate, charge, sub-Contract, create any trust over or deal in any other manner with these Terms and Conditions or all or any of your rights or obligations under these Terms and Conditions.
  3. No failure or delay by Cradle in exercising any right under these Terms and Conditions shall operate as a waiver of such right or extend to or affect any other or subsequent event or impair any rights or remedies in respect of it or in any way modify or diminish Cradle’s rights under these Terms and Conditions.

Cradle reserves the right to amend any of these terms and conditions at any time without notice. All amendments to these Terms and Conditions will be posted online on the portal. However, continued use of the online portal will be deemed to constitute you and/or your company’s acceptance of the new Terms and Conditions.

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