TERMS AND CONDITIONS (T&C)
All the programs by Sarawak Digital Economy Corporation Berhad (SDEC) are subject to these terms & conditions unless stated otherwise.
1. BINDING TERMS
- 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 the 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.
- 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.
2. APPLICATION PERIOD
- 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.
- All applications must be in English or Bahasa Malaysia.
- 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.
- 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.
- 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.
3. WHO CAN APPLY
- 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; and
- REGISTERED Micro, Small, and Medium Enterprises (MSMEs) through Suruhanjaya Syarikat Malaysia (SSM) / Lembaga Hasil Dalam Negeri (LHDN)/Business Names Ordinance 1958 / Co-operative Societies Act 1993/Pihak Berkuasa Tempatan (PBT).
- Should you have had the privilege of being a previous recipient of this grant, kindly note that you are NOT ALLOWED to apply again.
4. HOW TO SUBMIT YOUR APPLICATION
- Applicants must complete and submit the complete application form available on the Go Digital Sarawak portal.
- 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.
- Applications that do not comply with these terms and conditions are invalid at first glance and will not be accepted.
- 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.
5. SELECTION OF SUCCESSFUL APPLICATION
- An evaluation panel composed of representatives from MINTRED and its appointed parties (“the Evaluation Panel”) will assess all applications against the evaluation criteria determined by MINTRED in its sole discretion.
- 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.
- 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.
- 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.
- 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.
- 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 email@example.com. Your personal information may also be shared with selected SDEC affiliates, partners or clients in order to administer or facilitate participation in the Program.
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 improper 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.
Termination by SDEC
- 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.
- 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 your company or a receiver has been appointed by the Court.
9. EFFECT OF TERMINATION
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.
- 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.
- You must also be able to attend all core components of the Program.
- 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 employee from your Company.
12. LIMITATION OF LIABILITY
- 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.
- 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.
- 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.
- You are responsible for obtaining your own independent legal and financial advice regarding these terms and conditions.
- SDEC reserves the right to amend these conditions at any time. If any changes are made, SDEC will notify the public via its website.
- A reference to a person includes an individual, a firm, a body corporate, a partnership and an unincorporated association.
- These Term shall constitute a binding contract between you and Program or
- These Terms shall be binding on you and your permitted assignee or administrator.
- 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.
- Time shall be the essence of these Terms
- Failure by SDEC to enforce any of its rights at any stage does not constitute a waiver of those rights
- 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.
- 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.
- You and your Company will be responsible for all expenses relating to attendance at training(s) with SDEC (in the event that you are selected as a participant). The location of such training(s) will be determined by SDEC in its sole discretion. You may elect to participate in such training(s) in person or via telephone or mutually available video conferencing service.
15. RELATIONSHIP WITH SDEC
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.
- 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.
- 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.
- 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.
- 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.
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 stated herein shall continue notwithstanding the termination or expiration of the program.
By submitting your application, the application is considered Final and any request to edit/cancel/change the application is not allowed.
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.
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.