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.