(2) In these Terms, the words “we”, “our” and “us” refers to the Cradle Fund Sdn. Bhd.
ACCESS TO WEBSITE
(5) The accessibility and operation of the website relies on technologies outside our control. We do not guarantee continuous accessibility or uninterrupted operation of the website.
(6) We reserve all rights to deny or restrict access to this Website to any particular person, or to block access from a particular Internet address to this Website, at any time, without providing any reasons whatsoever.
RELYING ON INFORMATION
(7) We provide the website as a general information source only and we are not involved in giving professional advice on the Website. As the Website may not cover all information available on a particular issue, you rely on information on the website at your own risk, and you should do your own checks or obtain professional advice relevant to your particular circumstances.
(8) We will use available technology, where appropriate, to protect the security of communications made through the website. Notwithstanding the above, please note that we do not accept liability for the security, authenticity, integrity or confidentiality of any transactions and other communications made through the website. You carry out any transactions or communications at your own risk.
(9) Internet communications may be susceptible to interference or interception by third parties. Despite our best efforts, we make no warranties that the Website is free of infection by computer viruses or other unauthorised software.
(10) You should take appropriate steps to keep your information, software and equipment secure. This includes clearing your Internet browser cookies and cache before and after using any services on the Website.
(11) You should keep your passwords confidential. Please note that we will never ask you for your login password.
(12) We are not responsible or liable for the availability of content of any other Internet site (not provided by us) linked to or from this website. Access to any other Internet site is at your own risk.
(13) Hyperlinks to other websites are provided as a convenience. In no circumstances shall we be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites to which this website is linked.
(14) If you create a link to this website, you do so at your own risk. We reserve the right to object to or disable any link to this website for any reason.
(15) We reserve the right to change the URL of this Website at any time and for any reason without prior notice.
(16) For the submission of an idea in response to a Problem Statement (“Solution”), you are required to register for an account and fill in your personal particulars accurately during the online registration.
(17) We reserve the right to send you, from time to time, any service-related emails (examples of which include, without limitation, feature changes/updates and security notices) to your email address registered with MYHackathon. You acknowledge that you will not be able to opt out of receiving these service-related emails.
(19) Any material located on this Website, including source code, pages, documents and online graphics, audio and video in this Website are protected by copyright, trade mark and other forms of proprietary rights. . All rights, title and interest in the materials are owned by, licensed to or controlled by us.
(20) Apart from any fair dealing for the purposes of private study, research, criticism or review, as permitted in law, no part of this Website may be reproduced or reused for any commercial purposes whatsoever without our prior written permission.
GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
(21) While every care is taken by us in providing the content and services on this Website, we disclaims liability to the extent permitted by law, and no warranty is given that access to this Website will be provided uninterrupted or free from error or that any identified defect will be corrected and we disclaims all liability for any direct, incidental or consequential damage or loss, that may result from such interruptions or errors or defects, including but not limited to:
- any loss of, or any delay or any inability to retrieve, any data or information however caused as a result of any interruption, suspension or termination of service;
- any inaccuracy in the information presented, used or transmitted through this Website;
- any loss that you may incur on account of using, visiting or relying on any statements, opinion, representation or information in this Website,
- any loss resulting from any delay in operation or transmission, communications failure, Internet access difficulties or malfunctions in equipment or software, or
- any loss resulting from the conduct or the views of any person who accesses or uses this website.
(22) There are currently no fees charged by us for using any part of this website. We are not responsible for any fees charged by any other Internet site (not provided by us).
HACKATHON TERMS AND CONDITIONS
(1) By participating in any hackathon (“Hackathon”) listed on this Website through submitting an idea, any participating person or team (“Participant”) shall be deemed to have accepted and agreed to be bound by all the terms and conditions set out herein (“Hackathon Terms and Conditions”) and any additional terms and conditions specified in each Hackathon event or site. In the event any terms and conditions are specified in any Hackathon event or site for a particular Hackathon, the terms and conditions specified in the particular Hackathon event or site will apply to that particular Hackathon instead of these Terms and Conditions.
(2) All Hackathons listed on this website shall be organized by us (“the Organiser”).
(3) Each Hackathon has a specific entry submission start date and end date (“Hackathon Period”). The Organiser reserves the right to extend the deadline of the Hackathon or to close the Hackathon prematurely without prior notice if required.
(4) All decisions on processes, shortlisting & final winners depends solely on the Organiser’s discretions & SOPs.
(5) Prizes are non-transferable, non-negotiable and non-exchangeable.
(6) A participant may be required to show proof of any identification upon request of the Organisers or when they collect their prize.
(7) In the event that the prize is not collected by the successful Participant within the period specified in the notification, the Organisers reserve the right to give out the prize to another Participant at their sole discretion.
(8) The Organiser reserves the right to change/removes any prizes without any notice.
(9) All submissions shall be submitted using the Hackathon’s Solutions submission form. The Organisers are not responsible for any submissions which are lost, misdirected, fail to enter into the processing system, or are processed, reported, or transmitted late or incorrectly or are lost for any reason including any electronic, computer or communication malfunction or error, or the inability to access this Website or any website associated with this Hackathon.
(10) Submissions with content deemed as irrelevant or offensive by the Organisers will be removed at the Organisers’ discretion. The Organisers reserve the right to disqualify and remove submitted Hackathon entries which (a) are considered to be spam; (b) are against the public interest, public order or national harmony; or (c) offend against good taste or decency; or (d) are, in the Organiser’s view, of inappropriate nature to be published on this Website. The Organiser also reserves the right to disqualify any Participant and remove his/their entry if it is found that the Participant has tampered with or corrupted the entry or winner selection process.
(11) All participants are required to fill in their personal particulars accurately during the online registration. Submissions with incomplete, invalid or inaccurate details are liable to disqualification.
(12) While every care is taken by us in providing this Website, we disclaims all liability whatsoever, and no warranty is given that access to this Website will be provided uninterrupted or free from error or that any identified defect will be corrected and we disclaims all liability for any direct, incidental or consequential damage or loss, that may result from such interruptions or errors or defects, including but not limited to:
- any loss of, or any inability to retrieve, any data or information however caused as a result of any interruption, suspension or termination of service; and
- any inaccuracy in the information presented, used or transmitted through this Website.
(13) The decision of the Organisers on all matters relating to the Hackathon, including the eligibility of a Participant and the selection of the winners, is final and no correspondence will be entertained.
(14) The Organisers reserve the right to amend these Hackathon Terms and Conditions at any time at its absolute discretion without any further notice, including but not limited to the eligibility terms and criteria, the selection of winners, the timing of any act to be done and all Participants to this Hackathon shall be bound by these amendments. All changes will be posted on this Website.
(15) A person who is not a party to these Hackathon Terms and Conditions shall have no lawful right to enforce any of these Hackathon Terms and Conditions.
(16) In the event of any inconsistency between these Hackathon Terms and Conditions and any brochures, marketing or promotional materials relating to the Hackathon, these Hackathon Terms and Conditions, and all its subsequent variations, shall prevail.
(17) These Hackathon Terms and Conditions and all its subsequent variations shall be subject to, and governed by and construed in accordance with the laws of Malaysia, and all participants hereby agree to submit to the exclusive jurisdiction of the Malaysian courts in the determination of any dispute arising in connection with the Hackathon.
INTELLECTUAL PROPERTY AND OTHER RIGHTS, TITLES, AND INTEREST ISSUES
(18)The Participant represents and warrants that he is the sole author and owner, and where the Participant is a team, each member of the team represents and warrants they are jointly the author and owner, of all rights, title and interest subsisting in their submitted Hackathon entries (including intellectual property rights).
(19) The Participant warrants that his/their submitted Hackathon entry is the original work and idea of the Participant and does not include the intellectual property rights of another person or entity.
(20) Each Participant consents to the public disclosure of his/their name, photograph, and other details as submitted in the Hackathon entry form, as the case may be, for publicity purposes, and each Participant consents to participating in the publicity activities of the Organisers in relation to the Hackathon, and to the use of his name, photograph and other details and the Hackathon entry or any data provided by such Participant for any future publicity effort or information dissemination by the Organisers, without any payment or compensation thereof.
(21) The Participant agrees to grant the Organiser the right throughout the world to reproduce, publish, publicly perform, communicate to the public or make an adaptation of the Hackathon entry on any and all media, without notice, restriction or payment or consideration, or approval from the Participant. For the avoidance of doubt, the granted rights include the reproduction of the Hackathon entry for the following purposes:
- Operating or administering the Hackathon or promoting subsequent Hackathons of the same nature,
- For administration of the Hackathon or publicity purposes on this Website and other website and any other publicity medium; and
- Issuing a media release or making media pitches,
- and such reproduction, publication, public performance or communication may be either for this Hackathon or subsequent Hackathons of the same nature.
(22) All Participants agree to grant to the Organiser without any charge an irrevocable, perpetual, non-exclusive license to reproduce, modify or use all the intellectual property rights subsisting in their Hackathon entry including all information in whatever form which they have submitted for the Hackathon.
(23) The Organisers will exercise reasonable care in handling the Hackathon entries submitted. However, they will not be liable for any loss resulting from this Hackathon processes & events
(24) The Participant accepts all risks of personal injury or property damage of any nature whatsoever that may arise from his/their making or creation of the Hackathon entry or participation in this Hackathon and will not in any way hold the Organiser responsible for any liability, loss, damage, expense and cost which he/they may sustain or incur as a result of his/their participation in this Hackathon.
(25) The Participant (including his/their heirs, parents, legal guardians, executor and/or administrators) hereby agrees to be fully liable to the Organiser and its officers, employees and agents for any violation of confidentiality, patent, copyright or any other intellectual property rights in the photographs and materials submitted and shall defend, indemnify and hold the Organiser and each of its officers, employees and agents thereof harmless from and against any actions, claims, loss or damages for infringement or alleged infringement of such confidentiality, patent, copyright or any other intellectual property rights.
(26) Each Participant shall keep the Organiser fully indemnified against all losses, actions, liabilities, claims, proceedings, costs and damages arising out of any breach of the above terms.
(27) Each Participant agrees to keep the Organiser and its respective directors, officers, employees and agents indemnified against any and all such claims by third parties for any losses or damages arising from the Participant’s submission of the Hackathon entry and the Participant’s participation in the Hackathon.
(28) If for any reason any aspect of the Hackathon is not capable of running as planned, including by reason of infection by computer virus, network failure, bugs, tampering, unauthorized intervention, fraud, technical failures or any cause beyond the control of the Organiser which corrupts or affects the administration, security, fairness, integrity or proper conduct of the Hackathon, the Organiser may in its sole discretion cancel, terminate, modify or suspend this Hackathon, or invalidate any affected submissions, and shall not be liable for any claim, action, damage, or loss as a result of such cancellation, termination, modification, suspension or invalidation.
(29) The Organisers shall not be responsible for any loss, damage, cost or expense howsoever arising incurred by a Participant in connection with this Hackathon, including the collection and subsequent use of the awarded prize.
DATE: 27TH AUGUST 2020