Terms and Conditions - Huawei Spark Malaysia

Terms and Conditions

1. Publisher

This programme is owned and operated by NEXEA, a venture capital company, registered under no. 1142896W, having its registered office at B-06-02, Sunway Geo Avenue, Jalan Lagoon Selatan, Bandar Sunway, 47500 Subang Jaya, Selangor, Malaysia ("NEXEA," “we” or “us”).

2. Subject

NEXEA offers an accelerator programme on behalf of Huawei that connects startups and organisations with investors seeking new investment opportunities.

These T&Cs govern your access and use of our Services.

By registering for the programme, you must tick a box, and confirm that you have read and accepted these T&Cs, which form a legally binding contract between you and NEXEA.

Please take the time to read the following carefully. Do not register for the programme if you do not agree to these terms and conditions. We reserve the right to change these terms and conditions at any time by posting an updated version on Huawei Spark and contacting you before the changes take effect.

We may change the structure and design of our programme, as well as some Services or content, without notice to improve your user experience.

3. Definitions

In this document,

« Deliverables » means all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) uploaded to Huawei Spark by Participants;

« Participant » means any individual having submitted an application via Huawei Spark on behalf of their Startup;

« Programme Rules » refers to the rules applicable to the programme and which are binding between the Sponsor and each Programme participant. In the event of discrepancies or contradictions with the T&Cs, the Programme Rules shall apply;

« Services » means all products, services, content, features, technologies or functions delivered by us via the programme; and

« Sponsor » means the company or organization that sponsors the programme.

4. Filling Up The Form

A. Conditions

You must be at least 18 years old and by agreeing to the terms and conditions, you meet this requirement.

You must have the authority to represent your Startup or business. You represent and warrant that you have the authority to bind any business or entity on whose behalf you use our Services and that business or entity has agreed to these terms.

B. Registering Via The Forms

If you are not enrolled, you are not allowed to participate in the programme until you complete the full registration process.

To complete your registration, you must have read and accepted these T&Cs and our Privacy Notice.

C. Accuracy of Registration Information

You agree that the information provided contains accurate and true information and that you will update it, as needed.

5. Services

Huawei Spark is an accelerator programme where participants representing their startups can benefit at no cost by getting opportunities for mentorship, investments, corporate support and networking, subject to the Programme rules and unique restrictions.  

As a Programme participant:

  • you may register for the Programme, provided you meet the conditions of the Programme Rules;

  • As stipulated in the Programme Rules, you may engage in the Programme as a representative of a business entity

  • you may send the Deliverables as part of the Programme to the Programme organizer, as specified in the Programme Rules;

6. Participant Rules of Conduct on Huawei Spark

There are certain rules that apply to Participants.

When using Huawei Spark, you agree:

  • to not submit inaccurate, misleading, malicious, or fraudulent information to us, other Participants, mentors, the jury, or Sponsors;

  • to not infringe the rights and image of NEXEA, such as its intellectual property rights;

  •  to not register more than once on Huawei Spark or register in the name of a third party;

  • not to send data containing viruses, worms, Trojan horses, or any other computer file or programme that could disrupt, destroy, or limit the operation of any computer or network connected to Huawei Spark directly or indirectly;

  • to not use any device, software, or routine that could interfere with the proper functioning of Huawei Spark or that is intended to damage, interfere with, intercept, or expropriate any system, data, or personal information; to not use any device, software, or routine that could interfere with the proper functioning of Huawei Spark or that is intended to damage, interfere with, intercept, or expropriate any system, data, or personal information;

  • to not take any action (such as spamming) that imposes an unreasonable load on Huawei Spark;

  • to not violate the principle of confidentiality, which may exist within the framework of the Programme; and

  • to, more generally, not to act in a way that violates the law or breaches these T&Cs.

7. Confidentiality

Within the framework of the programme, you may be required to maintain certain information confidential.

You undertake to defend, indemnify, and hold NEXEA harmless from and against any and all claims, actions or demands, liabilities, and settlements arising from any illegal and prohibited disclosure of confidential information, including, without limitation, reasonable legal fees.

8. Intellectual Property Rights

A. Participant grant of license to NEXEA

You grant NEXEA a non-exclusive right to use the information and data you provide on Huawei Spark for the purposes of our Services, for the duration of your commercial relationship with us.

You specifically authorise us to display, distribute, publish, reproduce, portray, modify, utilise, and translate any content you give on Huawei Spark and through any other communication channel, as well as to share it with the public, Community, and Sponsors.

B. Huawei and NEXEA’s IP Rights / Limited License

Huawei is the owner and organizer. NEXEA is the operator of this programme.

Huawei and NEXEA’s proprietary materials used in this Programme, including logos, trademarks, trade names, images, text, illustrations, audio, video files, and the selection, coordination, and arrangement of such materials, are protected by copyrights, trademarks, service marks, or other proprietary rights that are either owned by us or licenced to us, and all other trademarks, service marks, and trade names used in this Programme are protected by copyrights, trademarks, service marks, or other proprietary rights that are either owned by us or licenced to us

Any other use or exploitation of the Programme and Services, as well as its content, is prohibited without Huawei and NEXEA’s prior written authorization. Specifically, you are not permitted to:

  • reproducing, adapting, distributing, publicly representing and disseminating the Services, Briefs, and the content of the Programme;
  • extracting or attempting to extract (notably using data mining robots or any other similar data collection tool) a substantial part of the data of the Programme;
  • copying, modifying, creating a derivative work of, reverse engineering, reverse assembling or otherwise attempting to discover any source code;
  • modifying or attempting to modify the Programme in any manner or form, except that you have the right to modify your self-generated content on the Programme;
  • framing or utilizing framing techniques to enclose any trademark, logo, or other proprietary information (including Programme descriptions, images, text, page layout, or form);
  • using any meta tags or any other "hidden text" with Huawei and NEXEA’s name or trademarks.

Any unauthorized use by you which contravenes the above terminates the license granted by us.

These T&Cs will apply to any new versions, updates, or modifications to our Programme, Services, or connected material. All rights not expressly granted by the current T&Cs are reserved by Huawei and NEXEA.

C. Remedies

If you believe that certain content in the Programme has infringed on your legitimate intellectual property rights, you must notify Huawei and NEXEA and provide us with the following information:

  • Your contact information. If you are filing a claim on behalf of a third party, please provide proof of your authority to do so;
  • Identification of the specific Programme content that you believe is covered by intellectual property rights, as well as its position on the Programme (including the URL link);
  • Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation.

9. Role of NEXEA/ Limitation of liability

NEXEA has no influence over the actions of its Participants, Sponsors, Mentors, or other Programme participants. We have no control over the information provided by others and made public on the Programme; the information provided by other users may be inaccurate.

By accepting these T&Cs, you acknowledge that NEXEA does not control in any manner the nature, quality, legality or timing of the programme. You agree that NEXEA, in its capacity as an intermediary, is not a party to any agreement entered into by you and the Sponsor with respect to the Programme.

NEXEA has no control over and is not responsible for the acts or omissions of Sponsors, or the quality, accuracy or legality of the Briefs. We do not endorse any Sponsor.

Participants act under their sole and full responsibility.

In its capacity as the Programme provider, NEXEA cannot be held liable if the Programme fails to occur as intended, such as because of:

  • erroneous information communicated by the Sponsor in its Brief, or by any other means, with regard to the Programme and its terms;
  • cancellation or modification of the Programme by a Sponsor;
  • non-payment of the prize or award by a Sponsor;
  • the behaviour of its Participants during, before or after the Programme or at any other time.

We are not responsible for the content or use of any Deliverables, for a Participant's failure to complete the programme, for any damage caused by Sponsors to a Participant, or for any indirect damage such as financial loss, loss of business, or moral damage that a Participant may suffer as a result of using Programme resources or participating in the Programme.

You agree to direct any claims you may have regarding information provided by the Sponsor solely to the Sponsor. If you have a disagreement with another Participant, you agree to release NEXEA from any and all claims originating from that disagreement.

NEXEA is not responsible for any damages, claims, fees, or other costs you may incur as a result of third-party claims relating to your use of the Services. In no event shall NEXEA be liable for any indirect damages or damages, given that such damages have been adequately established. You agree to be responsible for any third-party claims arising from information you supply to NEXEA for publishing or any breach by you of these T&Cs, and to defend NEXEA at NEXEA's request.

You agree that, regardless of any legislation or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be brought within one (1) year of the occurrence of the claim or cause of action, otherwise it will be irrevocably barred.

10. Participation suspension, restrictions of access and termination

If you breach your undertakings as set out in these T&Cs or if we have a genuine reason to believe that the security and integrity of NEXEA, its Participants, Sponsors, or third parties are at risk, we reserve the right to:

  • immediately terminate these T&Cs binding you and NEXEA; and
  • temporarily or permanently suspend you from the programme.

When this is necessary, you will be notified of such measures to enable you to respond. NEXEA will decide, at its sole discretion, whether to lift the measures put in place.

11. Personal Data

We collect and process some of your personal data.

In participating in the Programme and registering as a Participant, you acknowledge and accept the processing of your personal data by us as set out in our Privacy Notice.

12. Operation, availability and functionalities of the Programme

We will make every effort to keep the Programme available to Programme participants at all times. However, access to Huawei Spark and the usage of certain functions may be discontinued or disturbed at any time without warning due to unforeseen circumstances beyond the reasonable control of a party (force majeure), technical maintenance, migration, or updates, as well as network outages or limits, or for other technical reasons.

We reserve the right, at our sole discretion, to alter or suspend all or part of your access to the Programme or its features, temporarily or permanently.

13. Modification of the T&Cs

These T&Cs and the documents integrated by reference express the entire agreement between you and NEXEA relative to your use of our Programme and the Services.

NEXEA reserves the right to change these terms and conditions in order to adapt to its technological and commercial environment and to comply with the law. Any changes to these Terms and Conditions will be posted on Huawei Spark with an effective date, and you will be notified by NEXEA before they take effect.

14. Applicable law and dispute resolution

These T&Cs are governed and construed in accordance with Malaysian law, without giving effect to any principles of conflicts of law.

We invite you to submit to us any complaints that you might have via the contact form on the Huawei Spark website. If a contractual dispute between you and NEXEA cannot be amicably resolved, you may use mediation free of charge.

If the dispute cannot be settled by mediation, you irrevocably agree to submit all disputes to the jurisdiction of the competent court of Selangor, Malaysia.

For the exclusive benefit of NEXEA, NEXEA shall also retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these T&Cs are entered into in the course of your trade or profession, in the country of your principal place of business.

15. Effective Date

16 March 2022