1. Publisher

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These terms and conditions govern the contractual relationship between you and DATHAPPY Pte. Ltd. (UEN: 201800806N), a company incorporated in Singapore and having its principal office at 160 Robinson Road #14-04 Singapore Business Federation Centre Singapore 068914 (“Dathappy”, “we” or us”) with respect to the Challenge.
 

Please read these Conditions carefully as by participating in a Challenge you acknowledge that you have read and understood these terms and conditions and accept and agree to be bound by these Conditions.
 

 

2. Definitions

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In this document,

 

“Account” means the account that must be created to become a Member and access the details of the Challenges.

 

"Brief" means the concise statement of the instructions and guidelines for a Challenge, furthermore the documents and data containing details of the Challenge;

 

"Challenge" means an invitation for proposals to solve a specific problem or challenge issued by an Organization, who may offer an award for the winning Deliverables submitted via the Website by a Member registered to participate in the Challenge, and in accordance with the Challenge Rules;

 

“Challenge Rules” refers to the rules applicable to a Challenge and which are binding between the Organization and each Challenge participant. In the event of discrepancies or contradictions with the T&Cs, the Challenge Rules shall apply. 

 

“Community” refers to any individual having an Account with Dathappy (all platforms included);

 

“Deliverables” all submissions, original ideas, documents or other materials (such as presentations, videos, etc.) submitted by Members in response and as a solution to a specific Challenge;

 

“Member” means anyone registered in our groups (“Community”);

 

"Organization" means the company or organization that sponsors a Challenge and submits a Brief and Challenge to Members.

 

“ProofHub” is the project management tool (www.proofhub.com) that we use to conduct the Challenges, it allows Members to view and enroll in Challenges and to interact with other Members, Organizations or Dathappy through message boards, chat, email and messaging. You can view the Briefs and Challenges, and access the existing data (if any)

 

3. Registration

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A. Application

 

You can apply for Challenges by completing the mandatory fields of the registration form. If your registration was successful, an email will be sent to you with the login details to ProofHub and the next steps.

If you have completed a registration form with more than one named person, the first named person on the registration form shall be deemed to have accepted these terms and conditions on behalf of all persons detailed on the registration form participating in the Challenge, and by such participation, all named persons indicate their agreement to these Conditions.

 

B. Accuracy of Account

 

Information You agree that your profile Account contains accurate and true information and that you will update it, as needed.

 

C. Password

 

You are responsible for keeping your Account password confidential. You agree to inform us if there is any unauthorized use of your Account or a security breach, such as loss or theft of your login information. 

 

4. Services

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Dathappy allows Organizations to create and submit Briefs and Challenges in which Members can participate, subject to the specific conditions of each Challenge as set out in the Challenge Rules.

 

As a Member:

• you may access a personalized space on ProofHub that contains your profile, allows you to view the Challenges in which you have enrolled, and to communicate and exchange messages, including by email and chat, with Members, Organizations, mentors, and Dathappy;
   

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

• you may participate in a Challenge, individually, as a representative of a business entity, or by creating or joining a team, as specified in the Challenge Rules;
   

• you may upload Deliverables in response to a Challenge, as specified in the Challenge Rules;
   

• you may retrieve the data and Deliverables that you submitted during your participation in a specific Challenge, as specified in the Challenge Rules.

Organizations may offer awards for the winning Deliverables submitted by Members registered to participate in a Challenge, in accordance with the Challenge Rules.

 

Organizations are solely responsible for assessing all Deliverables and independently decide, in accordance with their own criteria, on the winner(s) of a Challenge. Decisions made by Organizations are considered final.

 

5. Content posted by you on the Website

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You may communicate with other Members, mentors, Dathappy or Organizations via ProofHub. Any information you provide on ProofHub, both during the signup and use of the Services (such as public message board postings, chats, Deliverables, etc.) is subject to the following:

• You agree that content posted by you will be accurate and will not: (i) infringe any third party’s copyright, trademark, patent or other proprietary rights or rights of publicity or privacy, or (ii) violate any law (including export control, unfair competition, anti-discrimination or false advertising).
   

• Regarding Deliverables, you guarantee that (i) you are the owner or authorized user of the intellectual property contained in your Deliverable and that (ii) you are not required to transfer your rights over the Deliverable to a third party pursuant to an employment relationship or other contract; or that (iii) you have obtained any necessary authorizations from your employer or co-contracting party before submitting the Deliverables. At any time, you may be asked to make legally binding warranties and representations to the Organization in relation to a Deliverable or any specific information that you submit.
   

• You are solely responsible for the content that you publish or upload to ProofHub, and for the transfer of technologies or information with which you are involved. Dathappy expressly disclaims any liability or responsibility thereto.
   

6. Member Rules of Conduct on ProofHub

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There are certain rules that apply to Members. When using ProofHub, you agree:

• to not submit to us or other Members or Organizations false, misleading, malicious or fraudulent information;
   

• to not post content of a defamatory, injurious, obscene, pornographic, vulgar, offensive, aggressive, uncalled-for, violent, threatening, harassing, racist or xenophobic nature, or with sexual connotations, inciting violence, discrimination or hatred, encouraging illegal activities, or more general content that is contrary to good morals;
   

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

• to not open more than one Account on ProofHub or open an Account in the name of a third party;
   

• to not use the Account of another Member;
   

• to not try to bypass ProofHub, such as by trying to contact or send an Organization your Deliverables outside of ProofHub;
   

• to not transfer data that contains viruses, worms, Trojan horses or any computer file or program that could interrupt, destroy or limit the functioning of any computer or network;
   

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

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

7. Confidentiality

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

 

You agree to defend, indemnify and hold Dathappy harmless, from and against all claims, actions or demands, liabilities, and settlements, including, without limitation, reasonable legal fees, arising from your unauthorized and prohibited disclosure of confidential information.

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8. Intellectual Property Rights

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A. Member grant of license to Dathappy

 

For the purposes of our Website and to enable the Services, you grant Dathappy a non-exclusive license, free of charge, for the entire world and for the duration of your contractual relationship with us, to use the content and data that you submit on the Website. Specifically, you authorize us to display, distribute, publish, reproduce, represent, adapt, use and translate any content you provide, and to broadcast it via ProofHub and any other communication protocol and to share it with the public, Community and Organizations.

 

B. Remedies

If you believe that your legitimate intellectual property rights have been violated by the introduction of certain content on the Website, you must notify Dathappy and provide us with the following:

• Your contact information. If the claim is on behalf of a third party, please include proof of your right to represent the third party;
   

• Identification of the specific Website content that you consider is protected by intellectual property rights as well as its location on the Website (indicating the URL link);
   

• Accreditation of the aforementioned intellectual property rights; and reasons for the supposed violation. 

 

9. Role of Dathappy/ Limitation of liability

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Dathappy has no control over the behavior of Members, Organizations or other users. We do not control the information provided by others that is made available through ProofHub or any other way; other user’s information may be inaccurate.

 

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

 

Dathappy has no control over and is not responsible for the acts or omissions of Organizations, or the quality, accuracy or legality of the Briefs or Challenges. We do not endorse any Organization.

 

Members act under their sole and full responsibility.

 

In its capacity as an intermediary, Dathappy cannot be held liable if a Challenge fails to occur as intended, such as because of:

• erroneous information communicated by the Organization in its Brief or Challenge, or by any other means, with regard to the Challenge and its terms;

• cancellation or modification of a Challenge by an Organization;

• non-payment of the prize or award by an Organization;

• the behavior of its Members during, before or after a Challenge or at any other time.

We are not responsible for the content or use of any Deliverables, for the Member’s lack of success in a Challenge, for any damage caused to a Member by Organizations, for any indirect damage such as financial loss, loss of business or moral damage that a Member may suffer by participating in a Challenge.

 

You agree to look solely to the Organization for any claims you may have regarding information provided by the Organization. If you have a dispute with another Member, you hereby release Dathappy from all claims of any kind arising out of such dispute.

 

Dathappy shall not be liable to you for any damages, claims, expenses or other costs you incur as a result of third party claims related to your participation in our challenges. Under no circumstances, shall Dathappy be liable for any indirect damages, or for any damages totaling more than one hundred (100) Euros, assuming that such damages have been duly proven. You agree that you will be responsible for, and at Dathappy’s request, defend Dathappy from third party claims arising out of the information you provide to Dathappy for publication or any breach by you of these T&Cs.

 

You agree that regardless of any statute or law to the contrary, any claim must be filed within one (1) year after such claim or cause of action arises, or be forever barred.

 

10. Account suspension, restrictions of access and termination

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You can terminate your contractual relations with Dathappy (governed by this T&C) and close your Account at any time by sending an email to contact@dathappy.com and we will delete your account. The termination takes effect immediately.

 

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 Dathappy, its Members, Organizations, or third parties are at risk, we reserve the right to:

• immediately terminate these T&Cs binding you and Dathappy; and
   

• temporarily or permanently suspend your Account.

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

 

11. Personal Data 

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We collect and process some of your personal data.

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

 

12. Hyperlinks

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Our Website and ProofHub contains links to other websites. We do not control those websites and are not responsible for their content. By including these links, we are not endorsing the material on those websites or implying any association with their operators.

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13. Modification of the T&Cs

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

 

Dathappy may modify these T&Cs to adapt to its technological and commercial environment and to comply with the law. Any modification to these T&Cs will be published with mention of the effective date, and you will be notified by Dathappy before the changes take effect.

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14. Applicable law and dispute resolution

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

 

15. Effective Date

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28 February 2020

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