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1. Acknowledgement
1.1 The Terms and Conditions of Use of the Mengalinga Volunteer Mobile Application (referred to as “the Terms and Conditions of Use”) is a binding agreement between the Ministry of Culture, Youth and Sports (“MCYS) with Baiduri Bank Berhad (“Baiduri”) (collectively referred to as “the Strategic Partners”) and the End User (“you” or “your”). The Terms and Conditions of Use governs your use of he Mengalinga Volunteer Mobile Application (“Mengalinga”) for Apple iOS or Android operating systems , including all related documentation.
1.2 By downloading/installing/using Mengalinga, you acknowledge that (a) have read and understood the Terms and Conditions of Use; (b) represent that you are of legal age to enter into a binding agreement; (c) accept the Terms and Conditions of Use and agree that you legally bound by its terms and conditions. If you do not agree to the Terms and Conditions of Use, you must immediately discontinue your access to the Mengalinga. Continued use of Mengalinga will constitute acceptance to the Terms and Conditions of Use, as may be amended from time to time. The Strategic Partners reserve the right to amend the Terms and Conditions of Use at any time.
2. License
2.1 Subject to the Terms and Condition of Use, the Strategic Partners grant you a limited, non-exclusive and non-transferrable license to download, install and use of Mengalinga for your personal, non-commercial use on a mobile device owned or otherwise controlled by you, in accordance with the Terms and Conditions of Use.
2.2 You shall not:
a. Copy Mengalinga, except as expressly permitted by the Strategic Partners;
b. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, or Mengalinga;
c. Reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of Mengalinga or any part thereof;
d. Remove, delete, alter or obscure any intellectual property or proprietary rights from Mengalinga, including any copy thereof;
e. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available Mengalinga or any features or functionality of Mengalinga, to any third party for any reason, including by making Mengalinga available on a network where it is capable or being accessed by more than one device at any time; or
f. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting Mengalinga.
3. Reservation of Rights
You acknowledge and agree that Mengalinga is provided under license, and not sold, to you. You do not acquire any ownership interest in Mengalinga under the Terms and Conditions of Use, or any other rights thereto other than to use Mengalinga in accordance with the license granted, and subject to all terms, conditions and restrictions, under the Terms and Conditions of Use. The Company and its service providers shall reserve and shall retain their entire right, title and interest in and to Mengalinga, including all intellectual property rights therein or relating thereto, except as expressly granted to you in the Terms and Conditions of Use.
4. Collection and Use of Your Information
4.1 You acknowledge that when you download, install or use Mengalinga, the Strategic Partners may use automatic means (such as, but not limited to, cookies and web beacons) to collect information about your Mobile Device and about your use of Mengalinga. You may also be required to provide certain information about yourself as a condition to downloading, installing or using Mengalinga or certain of its features or functionality. By downloading, installing, using and providing information to or through Mengalinga, you consent to all actions taken by us with respect to your information in compliance with Clause 10.
5. Updates
5.1 The Strategic Partners may from time to time in their sole disrection develop and provide Mengalinga updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related
documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that the Strategic Partners have no obligation to provide or enable any particular features or functionality.
5.2 You shall promptly download and install all Updates and acknowledge and agree that Mengalinga or portions thereof may not property operate should you fail to do so. You further agree that all Updates will be deemed part of Mengalinga and be subject to the Terms and Conditions of Use.
6. Indemnity
You agree to indemnify, defend and hold harmless the Strategic Partners from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgements, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including legal fees, arising from or relating to your use (such as participating in volunteering events as promoted in Mengalinga) or misuse of Mengalinga or your breach of the Terms and Conditions of Use. Furthermore, you agree that the Strategic Partners assume no responsibility for content that you submit or make available through Mengalinga.
7. Term and Termination
7.1 The Terms and Conditions of Use commences when you download or install Mengalinga and will continue in effect until terminated by you or the Strategic Partners as forth in this Clause.
7.2 You may terminate the Terms and Conditions of Use by deleting Mengalinga and all copies thereof from your mobile device(s).
7.3 The Strategic Partner may terminate the Terms and Conditions of Use at any time without notice if it ceases to support Mengalinga, which the Strategic Partners may do so in their sole discretion. In addition, the Terms and Conditions of Use will terminate immediately and automatically without any notice if you violate the Terms and Conditions of Use.
7.4 Termination will not limit any of the Strategic Partners’ rights and remedies at law or in equity.
7.5 Upon termination (a) all rights granted to you under the Terms and Conditions of Use will also terminate; and (b) you must cease all use of Mengalinga and delete all copies of Mengalinga from your mobile device(s).
8. Disclaimer of Warranties
Mengalinga is provided to you “as is” and with all faults and deficits without warranty of any kind. To the maximum extent permitted under the applicable law, the Strategic Partners, on their own behalf and on behalf of all affiliates, licensors, and service providers, expressly disclaim all warranties, whether express or implied, statutory or otherwise, with respect to Mengalinga, including all implied warranties of merchantablity, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of the course of dealing, the course of performance, usage or trade practice. Without limitation to the foregoing, the Strategic Partners provide no warranty or undertaking, and makes no representation of any kind that Mengalinga will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
9. Limitation of Liabilities
To the fullest extent permitted by the applicable law, in no event will the Strategic Partners or its affiliates, licensors, and service providers, have any liability for damages arising from or related to your use of or any liability to use Mengalinga. The foregoing limitations will apply whether or such damages arise out of breach of contract, tort (including negligence) or otherwise and regardless of whether such damages were foreseeable or the Strategic Partners were advised of the possibility of such damages.
10. Privacy Policy
The Strategic Partners will use its best endeavours to protect your data and privacy in accordance to relevant laws and regulations.
11. Intellectual Property
11.1 You acknowledge that all intellectual property rights in Mengalinga belongs to the Strategic Partners, that rights in Mengalinga are licensed and not sold to you, and that you have no rights in, or to, Mengalinga other than the right to use Mengalinga in accordance with the Terms and Conditions of Use.
11.2 You acknowledge that you have no right to have access to Mengalinga in source-code form.
12. Other Legal Provisions.
The Terms and Conditions of Use will be governed and construed in accordance with the Laws of Brunei Darussalam. The Parties will use their best endeavours to resolve any dispute, controversy, or claim, arising out of or in connection with the Terms and Conditions of Use amicably by mutual consultation or negotiation, without referring to any third party or tribunal. All rights and obligations of the Parties under the Terms and Conditions of Use shall continue in full force and effect pending the final outcome of the settlement of dispute.
13. Registration as Volunteers
13.1 Upon registration for a volunteering programmes, you have up to 72 hours before the start of the event to cancel your participation. Failure to do so will have you recorded as absent.
13.2 Registered volunteers who fail to show up for three (3) consecutive programmes will have their subsequent registration be reviewed and approved by volunteer organisations. Once successfully approved, subsequent registrations will be approved automatically unless three (3) consecutive absences are committed again.
13.3 Successfully registered volunteers will have their attendance recorded by scanning the QR Code at the start and end of each programme.
14. Reward Badges and Points
14.1 You will be entitled to earn volunteer points and badges for attending volunteering programmes according to the causes of the event (such as, but not limited to, green initiatives, animal rights) which will then be displayed on your profiles.
14.2 The top 10 volunteers with the most points will have their profiles displayed on Mengalinga’s leaderboard.