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T&C

Terms and Condition

INTRODUCTION 

All the programs by Sarawak Digital Economy Corporation Berhad (SDEC) are subject to this terms & condition unless stated otherwise.

  1. BINDING TERMS  

  1. By submitting an application:-  

  • you agree to comply with all applicable laws, these Terms, and any other guidelines or instructions provided to you by SDEC in connection with respective program. 

  • you represent and warrant that you have the authority to bind your Company and its participants to these Terms, and  

  • you agree that all decisions of SDEC are final and binding on you, your Company, and its participants. 

  1. To the extent that there is any inconsistency between these Terms and any Program-related materials, including but not limited to social media, website content, and television, print, or online advertising, these Terms shall prevail. 

 

 

  1. APPLICATION PERIOD 

  1. The period of application for respective program closes at MYT 12.00 pm on the closing date. (“the Dateline”).  All applications must be received by MYT 11:59 P.M. of the Dateline to be considered for the program SDEC’s systems shall serve as the official clock for purposes of the application deadline.  

  1. All applications must be in English.  

  1. It is solely your responsibility to ensure that you have properly registered and submitted your application. SDEC will not be responsible for any lost, delayed, misdirected, incomprehensible, incomplete, damaged, garbled or undeliverable registrations or applications, or any delay or failure to transmit, process, receive or consider registrations or applications.  

  1. If you change your contact details such as telephone number, email address, and/or street address after registering for and applying to the Program, it is your sole responsibility to promptly notify SDEC by email notice. 

  1. You are the original creator of the proposed solution; 

  1. You are the legal sole owner of, or you have obtained all necessary and appropriate rights, licenses, and permissions to use the proposed solution and all materials or content in and on the solution and your presentation (if any);  

  1. The proposed solution does not infringe or violate any Third-Party Rights and intellectual property, and none of the SDEC Parties will infringe any Third-Party Rights and intellectual property when they copy, display, modify, transmit or otherwise use the proposed solution in connection with the program or in any other way contemplated herein; and  

  1. The proposed solution is not the subject of any actual or threatened litigation, claim, or dispute.  

  1. SDEC reserves all rights and remedies in the event that SDEC determines that any of the above representations and warranties is materially false, including but not limited to disqualify you at any point prior to or after selecting Participants or commencing the Program at no liability and costs to SDEC. 

 

 

  1. WHO CAN APPLY 

  1. You must be  

  • at least eighteen (18) years of age on the date of application and warrant that you have the legal capacity to enter into a binding contract; 

  • if you own a registered business under the laws of Malaysia with a fifty one percent (51%) ownership of the business is by a Sarawakian; or 

  • if a company (Sdn Bhd) with at least fifty one percent (51%) of the ownership of the business is by a person(s) born in Sarawak or entity incorporated in Sarawak. 

 

 

  1. HOW TO SUBMIT YOUR APPLICATION 

  1. Applicants must complete and submit the complete application form available on the website portal. 

  1. You must ensure that all information and documents which are to submitted to SDEC are accurate, current, true and complete. SDEC reserves its right to reject your documents without prior notice to you.   

  1. Applications that do not comply with these terms and conditions are invalid at first glance and will not be accepted. 

  1. Your application will be subject to these Terms. You must enter the required information accurately and accept the Terms displayed as part of the registration process in order to apply to participate in the program.

 

 

  1. SELECTION OF SUCCESSFUL APPLICATION 

  1. An evaluation panel composed of representatives  from SDEC and its appointed parties (“the Evaluation Panel”) will assess all applications against the evaluation criteria determined by SDEC in its sole discretion.  

  1. The Evaluation Panel’s decision will be final, no correspondence or contestant will be entertained.  SDEC 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. 

  1. SDEC may at any time request valid proof of eligibility, including but not limited to identity, corporate organisation, age and other relevant documentation as required.  

  1. SDEC may disqualify an application or Participant at any time without notice for any reason, including, without limitation, if SDEC determines (in its sole discretion)  

  • that the proof provided is not sufficient; or  

  • the applicant or Participant does not otherwise meet the Program’s eligibility criteria; or 

  • the applicant or Participant fails to comply with these Terms; or 

  • attempts in any way to disrupt or undermine the Program; or 

  • to circumvent any of these Terms.  

  1. You are not required to make any purchase or pay any fee to register or participate in the Program. However, you and your Company (if applicable) are responsible for all expenses you incur in the course of applying to be selected as a Participant in the Program. 

 

 

  1. CONSENT 

  1. By participating in SDEC’s Programs, you, you hereby agree that SDEC may collect, obtain, store and process your personal data that you provide for the purpose of the program. 

  1. You hereby give your consent to SDEC:- 

  • Store and process your Personal Data; 

  • Disclose your Personal Data to the relevant governmental authorities or third parties where required by law or for legal purposes. 

  • In addition, your personal data may be transferred to any company within SDEC which may involve sending your data to a location outside Malaysia. For the purpose of updating or correcting such data, you may at any time apply to the SDEC to have access to your personal data which are stored by SDEC. 

  • For the avoidance of doubt, Personal Data includes all data defined within the Personal Data Protection Act 2010 including all data you had disclosed to SDEC.  

  • You have the right to access, withdraw, and correct personal information held about you, and to oppose the collection or processing of it. You may request such action by contacting SDEC at ied@sdec.com.my. Your personal information may also be shared with selected SDEC affiliates, partners or clients in order to administer or facilitate participation in the Program.   

 

 

  1. CANCELLATION 

  1. If for any reason SDEC cannot run the Program as planned due to but not limited to any Force Majeure events (including without limitation as a result of bugs, tampering, unauthorized intervention, fraud, technical failures, infection by computer virus or any other cause that corrupts, impairs or affects the administration, security, fairness, integrity, or proper conduct of this Program), SDEC may cancel, modify, extend or suspend the program in its sole discretion without prior notice to you. You are solely responsible to check the updates from SDEC from time to time at. 

 

 

  1. TERMINATION  

  1. Termination by SDEC 

  1. Termination without cause 

  • SDEC may at any time, terminate your application without cause by specifying the effective date of your termination from participating in the program.  

  1. Termination with cause 

  • SDEC shall have the right to terminate your participation for cause and specifying the termination effective date should you:- 

  • breach any of the Terms herein; 

  • Becomes bankrupt or insolvent or a winding up procedure has been initiated against you or a receiver has been appointed by the Court. 

 

 

  1. EFFECT OF TERMINATION 

  1. SDEC shall not be liable to you for any losses, claims, damages and costs incurred in the event of termination. You shall be liable for any losses, claims, damages and costs incurred by SDEC in the event that termination with cause by SDEC. SDEC reserves all its rights under these Terms and as provided by the law.  

 

 

  1. DISQUALIFICATION 

  1. SDEC 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 SDEC’s opinion, is inappropriate or objectionable. 

 

 

  1. AVAILABILITY  

  1. You must also be able to attend all core components of the Program.  

  1. If you are unable to attend any of the program, you shall provide a written notice to SDEC at least twenty four (24) hours before the program by naming a representative as replacement. Your representative must be an employer from your Company.  

 

 

  1. INTELLECTUAL PROPERTY RIGHT 

  1. You will retain any intellectual property rights in your application. 

  1. You and your Company will retain ownership of any intellectual property rights in any ideas, concepts, data, solutions, information or materials that your or your Company owned, created, or discovered prior to, or otherwise independently of, your application to or participation in the program (“Background IP”). However, by applying to participate in the program, you acknowledge and agree that to the extent permitted by applicable law that:-  

  1. any Background IP or other materials or information that you share in your application or subsequently provide to SDEC or its program partner during the application or selection process are not confidential or proprietary to any other party,  

  1. that you have all necessary rights and authority to disclose this Background IP to SDEC,  

  1. that SDEC and its affiliates or program partners will have a non-exclusive right and license to review and use the Background IP for the purposes of evaluating your application, selecting Participants and administering the Program, and  

  1. you waive any and all related claims that you may have against the SDEC and program partners.  

  1. In the event you are selected to further develop your proposed solution with SDEC as a participant in the program, such development (as well as ownership of intellectual property rights in the development of the proposed solution and licensing of relevant Background IP) will be subject to the terms set forth in a collaboration agreement to be entered between you and SDEC.  

  1. If your application or any additional materials or information provided includes likenesses of third parties or contains content or elements not owned by you, you shall provide signed written legal releases (in a form that is satisfactory to SDEC) that permit you to use and disclose such content and elements in the manner used and disclose and that permits SDEC to use the content and elements in accordance with these Terms. By submitting a proposed solution or materials or information to SDEC in your application, you acknowledge and agree that your proposed solution may be similar or identical in theme, idea, format or other respects to  

  1. other proposed solutions submitted to SDEC in connection with this Program or for other reasons; or  

  1. other materials developed by the SDEC or their program partners or suppliers.  

  1. To the maximum extent permissible by law, you waive:- 

  1.  any and all past, present, and future claims that any proposed solution or other materials accepted, reviewed or used by the SDEC may be similar to your proposed solution; or  

  1. that you are owed any compensation in connection with such proposed solution or other works accepted, reviewed or used by the  program.  

  1. You agree that SDEC and its affiliates exclusively own and shall retain all worldwide right, title and interest in and to the Program Materials and Program’s trademarks, service marks, logos, trade dress, trade names or service names including without limitation all intellectual property rights therein.  

  1. Nothing in these Terms grants you any rights to use any of SDEC and SDEC’s programs’ marks. No title to or ownership of any SDEC’s Program IP is granted or otherwise transferred to you or any other entity or person under these Terms, and any rights not expressly granted herein are withheld.  

  1. You agree to cooperate with SDEC to maintain SDEC’s ownership of the Programs intellectual property (IP), and you agree to promptly provide notice of any claims relating to the foregoing.  

  1. “SDEC Materials” include all SDEC APIs or other materials, documentation, data, content, or code to which you or your Company may have access before or during the program. 

 

 

  1. LIMITATION OF LIABILITY 

  1. Except for any liability that cannot be excluded by law, SDEC (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. 

  1. To the extent permitted by law, you agree to release, fully indemnify and keep fully indemnified, SDEC (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. 

  1. SDEC 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. SDEC 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. 

 

 

  1. MISCELLANEOUS  

  1. You are responsible for obtaining your own independent legal and financial advice regarding these terms and conditions. 

  1. SDEC reserves the right to amend these conditions at any time. If any changes are made, SDEC  will notify the public via its website. 

  1. A reference to a person includes an individual, a firm, a body corporate, a partnership and an unincorporated association. 

  1. These Term shall constitute a binding contract between you and Program or SDEC.. 

  1. These Terms shall be binding on you and your permitted assignee or administrator. 

  1. You shall not assign or novate any part or the whole of your rights and obligations hereunder to any third party without the prior written approval of SDEC. 

  1. Time shall be the essence of these Terms.  

  1. Failure by SDEC to enforce any of its rights at any stage does not constitute a waiver. of those rights 

  1. If any of these terms are held to be invalid, unenforceable or illegal for any reason, the remaining terms shall nevertheless continue in full force. 

 

 

  1. EXPENSES 

  1. You and your Company (if applicable) are responsible for all expenses in connection with your application or your participation in the selection process or the Program, except to the extent of any support, reimbursement, or subsidy that SDEC may (but is not obligated to) provide to participants under the terms of a collaboration agreement.  

  1. You and your Company will be responsible for all expenses relating to attendance at meeting(s) with SDEC  (in the event that you are selected as a participant). The location of such meeting(s) will be determined by SDEC in its sole discretion. You may elect to participate in such meeting(s) in person or via telephone or mutually available video conferencing service. 

 

 

  1. RELATIONSHIP WITH SDEC 

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

 

 

  1. PUBLICITY  

  1. You agree that you will not issue any press release or make any public statement or disclosure about the Program without SDEC’s prior written consent, and that failure to comply with this may result in disqualification.  

  1. You acknowledge and understand by attending any Program-related event in person as a participant, you agree that SDEC and its affiliates may photograph, videotape and otherwise record footage of you in relation to your participation in the Program (collectively, “Footage”). By submitting an application or any materials, you hereby warrant and represent that you 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 SDEC, and SDEC 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 agree to complete any further release or waiver required by SDEC in relation to such Footage or your participation in the Program.  

  1. Except where otherwise prohibited by law, you consent to SDEC’s use of your Company’s name as well as your name, voice, likeness, biographical information and other indicia 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 SDEC 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 publicize your participation in the Program.  

  1. By submitting an application, you 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 Program-related event or other SDEC events. You agree that you will provide SDEC with copies of the written consents required by this Section “PUBLICITY” upon request by SDEC. 

 

 

  1. CONFIDENTIALITY 

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

 

 

 DECLARATION 

  1. I hereby declare that: 

  • I have read and fully understand the Terms that governs the Program; 

  • I will diligently commit to participate in the Program; 

  • consented for my personal information to be collected and processed.  

 

 

DISCLAIMER: 

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. 

  • accuracy, suitability, completeness or timeliness of use for any purpose whatsoever of such content; 
  • accuracy or reliability of any of the sources from which such content are derived (whether credited or otherwise); 

  • title, merchantability or fitness for particular purpose of any product or service listed on or directed to by this Website/Portal; 
  • non-infringement of intellectual property rights of any third party; 
  • payment and delivery obligations that may arise as a result of the use of the content of this Website/Portal; 
  • confidentiality of any information disclosed to any party, person or entity listed on or directed to by this Website/Portal; or 
  • viability or feasibility of any business opportunity, model or any type of investment whatsoever. 

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