APPENDIX I
These are the Official Rules that govern how Etiqa International Holdings Sdn Bhd’s Escapade programme operates (the “Programme”). Escapade programme is a program launched by Etiqa to search for start-ups for collaboration. The objective of the program is to search for new technologies, services, products, channels or market that is able to disrupt the insurance experience or enhance the insurance eco-system. In these rules, “we”, “our” and “us” refer to Etiqa International Holdings Sdn Bhd (Company Number: 799412-T), a company incorporated in Malaysia under the Companies Act 1965 and deemed incorporated under the Companies Act 2016, and having its registered office at Level 19, Tower C, Dataran Maybank, No.1, Jalan Maarof, Bangsar, 59000 Kuala Lumpur (hereinafter referred to as “Etiqa”), the sponsor of the Programme. “You”, “Yourself” and “Programme Participants” refer to an eligible team or entrant.
You are advised to carefully review these Terms and Conditions. By signifying your acknowledgement and acceptance to the matters set out in this document and its appendices, it is deemed that you have read, understood and explicitly agreed to be bound by these Terms and Conditions and agree that of our decisions in relation to every aspect of the Programme, including any determination is final, binding and conclusive.
(i) QUALIFICATION AND ELIGIBILITY
Unless otherwise stated, you are qualified to participate in the Programme if you meet the requirements at the time of registration that you are not involved in any part of the execution or administration of this Programme.
Your qualification and eligibility is subject to our approval by times. We reserve the right to reject your participation in the Programme for any reasons whatsoever in our sole and absolute discretion.
Any withdraw from your participation from the Programme after your acceptance, a thirty (30) days written notice should be given to us at any time during the tenure of this Programme. You agree and acknowledge that your information that was previously collected about you may continue to be used as described in this Privacy Notice. After termination of the Program or user withdrawal, we will keep data in accordance with our Personal Data Protection Act, and in compliance with legal guidelines.
(ii) THE PROGRAMME AND SELECTION CRITERIA
The shortlisting process and the selection of the successful participants will take place after submission of application form based on our sole and absolute discretion on a case-to-case basis and using specified selection criteria, which include but not limited to the following:-
- Your knowledge/skillsets in developing/designing the required solutions.
- Your experience in developing/designing the required solutions.
- The number of related solutions that you have built before.
- Impact generated from the solutions you developed to our Programme.
- The complexity of building & implementing your solutions.
- Maturity level of your solutions, whether it is in ideation / MVP stage or currently available in market.
- Scope that governs and required by our Programme.
(iii) PARTICIPATION
You hereby agree that you will at our sole and absolute discretion be selected and/or required to attend and participate in any events and activities organised by us throughout the Programme and we shall reserve our sole and absolute discretionary rights to forfeit your entry and participating eligibility if you, as the selected participant fail to attend such events and activities for any reasons whatsoever.
We reserve our sole and discretionary right to subsequently disqualify any of your eligibility upon reasonable grounds from time to time. We further reserve our rights to postpone, cancel, terminate or suspend the Programme at any time with reasonable prior notice, reference or liability whatsoever to any person or party.
You hereby acknowledge that you may be photographed, written about or filmed by us or members of the media throughout the course of the Programme. You further agree and consent that any and all such photograph, motion picture, recording, testimonial and/or any other likenesses captured or taken may be used by us for any legal purpose, including but not limited to for the purposes of promoting, advertising and marketing on our website, press releases and press articles (See Appendix II – Privacy Notice for details).
(iv) COSTS AND EXPENSES
Cost of travel to and from the location of the Programme and all other associated costs and expenses incurred or arising from participation shall solely be on your own accord.
(v) ACCURACY OF INFORMATION SUPPLIED BY YOU
You hereby warrant that any and all information supplied by you shall be true, complete and accurate in all aspects and material information shall not be omitted.
(vi) PRIVACY POLICY
By participating in the Programme, you agree and consent to your personal data being collected, processed and used by us in accordance with Etiqa’s privacy notice, which is appended hereto as Appendix II – Privacy Notice and may be viewed on our Website at www.etiqadigital.com (“Privacy Notice”). The “Website” refer to www.etiqadigital.com is owned and operated by Etiqa Digital Solutions, a subsidiary under Etiqa International Holdings Sdn Bhd.
In addition and without prejudice to the terms in our Privacy Notice, you agree and consent to your personal data or information being collected, processed and used by us for:-
- all purposes of the Programme;
- marketing and promotional activities conducted in such manner as we sees fit in any media including but not limited to any form of advertising or publicity media and materials such as audio and/or visual recordings published through newspapers, television networks, radio stations or online and digital media and on the Internet, without further express consent from you. For the avoidance of doubt, marketing and promotion activities includes without limitation the use and/or publication of any details provided in and/or in connection to the entries, interviews material as well as responses and related photographs. In this regard, you agree to co-operate and participate without further express consent and/or payment or consideration, in all reasonable advertising and publicity activities of the Etiqa in relation to the Programme.
- Other promotional, marketing and publicity notification/information including future promotional, marketing and publicity notification/information from the us from time to time.
(vii) NO PROFESSIONAL ADVICE
You hereby acknowledge that none of the information, opinion or advice provided by us, our staffs, instructors, consultants and/or programme partner throughout the Programme shall be in any way being construed as legal, accounting, tax, actuarial, insurance or other professional advice. Whilst we acknowledge that there may be opinion offering, knowledge or information sharing in such legal, accounting, tax, actuarial, insurance or other professional matters throughout the Programme, it is your sole and complete responsibility to verify any and all information presented and you are highly encouraged to seek licensed expert counsel for professional advice.
(viii) BUSINESS CONCEPT AND EARNINGS VIABILITY
We hold no responsibility whatsoever for the outcome of any investigated, pursued or launched business concept by you. You hereby acknowledge that you understand that whilst we may provide tools, information and analysis regarding business concept viability, we make no absolute guarantees pertaining to such viability or ultimate success of any concept presented by you or suggested by us, our staffs, instructors, consultants and/or programme partner throughout the course of the Programme.
Not with understanding that we define to do our best to ensure we accurately represent the intents and purposes of our Programme and its potential to assist you achieve your business viability and goals, acknowledge and agree that none of the information, techniques or materials that we share throughout the Programme is a promise or guarantee of earnings. Your level of success in achieving positive outcome is dependent upon a variety of factors including your personal skills, knowledge, time availability, ability, dedication and financial circumstance.
(ix) TRADEMARK, COPYRIGHT AND INTELLECTUAL PROPERTY
All trademark, copyright and other intellectual property rights in all such concepts, ideas, information, materials, tools, processes and strategies shared by us throughout the course of the Programme in the form of, including but not limited to user interface, text, page header, illustration, graphic, image, music, video, audio clip, hand out, workbook, template file and other intellectual properties (collectively, “Intellectual Property”) shall be subjected to trademark, service mark, copyright and/or other intellectual property rights. Except as specifically provided, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works for any commercial purposes without first having out written permission. We reserve our discretionary right to pursue legal action against you in the event you use any such materials provided by us in any fashion whatsoever that infringes our copyright or proprietary interests therein.
You hereby confirm that your participation in the Programme merely consists of Intellectual Property that you own or that you have permission from the copyright/trademark owner to use. For the avoidance of doubt, unless expressly agreed to, ownership and proprietary interest to such Intellectual Property owned by you or provided by you throughout the Programme shall lie within you.
You hereby agree and acknowledge that during or upon completion of the programme, all tangible output (“the Output”) be it partially or fully completed arising from the Programme are exclusive property of Etiqa. This means, we have full ownership and proprietary rights of the Output and the absolute sole and discretion in leveraging any such output for initiatives that we may pursue thereafter.
(x) CONFIDENTIALITY
It is agreed by you that through your participation in the Programme and by you sharing your business concepts, ideas, information, materials, tools, processes and strategies with the programme participants, you absolve us from any and all implied confidentiality, circumvention and/or competitive restrictions and no claim in any form whatsoever shall be made by you against us due to your voluntary disclosure.
(xi) NON-DISCLOSURE AND NON-COMPETE
You hereby consent and agree to be bound by all such terms and conditions contained in the Non-Disclosure Agreement appended hereto as Appendix III –Non-disclosure and Confidentiality Agreement. You acknowledge that the information, materials, tools, processes and strategies presented and shared throughout the Programme are copyrighted, confidential and proprietary to the respective Programme Participants and you agree not to record, duplicate, distribute, release, sell, teach or train from such resources in any manner whatsoever without the express written permission by us. Any unauthorised distribution or use of such proprietary materials and intellectual property by you or through you via others is prohibited and we reserve our discretionary right to pursue legal action against you.
(xii) INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, licensors, experts, invitees, speakers, suppliers, consultants, affiliates and/or any third party information providers from any and all losses, expenses, damages and costs, including attorney’s fees, resulting from any violation of these Terms and Conditions (including but not limited to wrongful conduct) throughout the Programme. We, our directors, employees, agents, advisors and/or affiliates shall not in any way whatsoever be liable to any person or party for any loss, damage, injury, liability, action, cost or expense incurred, suffered or borne arising from or relating to this Programme.
(xiii) CHANGES TO OUR TERMS AND CONDITIONS
We reserve our sole and absolute discretionary rights to update, vary, amend or modify any of the Terms and Conditions at any time without prior notice. Such variations, additions, deletions, amendments and/or modifications will take effect upon any such updates or postings. Termination of this Agreement is the sole and exclusive remedy if you deem such modifications to be unacceptable. Your continued participation in the Programme following our posting of a change notice on our Website constitutes your binding acceptance of such modifications.
(xiv) GENERAL PROVISIONS
This Agreement constitutes your entire understanding with regards to your participation in the Programme and supersedes any prior oral or written representation, agreement and arrangement.
No failure to enforce any provision, assert any right or insist on performance of any terms under this Agreement in any instance shall be deemed a waiver of the ability to enforce such terms, assert such right or insist on the performance of such obligations in the future. Our failure to enforce any terms and conditions will not constitute a waiver of our right to subsequently enforce such or any other terms of this Agreement.
For the avoidance of doubt, in the event of any inconsistencies or conflicts between these Terms and Conditions and those contained in our website, brochure, or other marketing materials relating to the Programme, these Terms and Conditions shall prevail.
If any provision or term of this Agreement or the application thereof shall become or be declared illegal, invalid or unenforceable in full or in part for any reasons whatsoever, the remainder of these Terms and Conditions shall not be affected and shall be valid and enforceable to its full and complete effect. Such illegal, invalid or unenforceable provision or term shall be deemed to be deleted from these Terms and Conditions and be replaced by a provision or provisions having similar economic effect.
These Terms and Conditions shall be binding upon and ensure to the benefit of your respective heirs, legal representatives, successors and assigns.
(xv) ELECTRONIC RECORDS
You hereby agree to the use of electronic records to evidence these Terms and Conditions.
(xvi) GOVERNING LAW AND JURISDICTION
This Agreement shall in all respect be governed by and construed in accordance with the laws of Malaysia. Parties hereby agree to submit to the exclusive jurisdiction of the courts of Malaysia.