1.1 MARKETLEAG is an innovation intermediary platform enabling individuals and entities in Africa and beyond to leverage intellectual property and transfer/source technologies. The site connects the technology buyers to African inventors and also avails the intellectual property owners to access specialized intellectual property experts in Africa and other regions.
1.2 Marketleag (“Site”) is a Site owned by the Market Leadership Global Co. Limited (“MLGC”), a Startup. The Site provides access to the following features, functions, and services (each a “Service” and collectively the “Services”):
1.3. MARKETLEAG reserves the right to change, modify, suspend, or discontinue the whole or any portion of the Services or Site at any time. MARKETLEAG may also impose limits on certain features or restrict your access to any of the Services or access to the Site without providing any prior notice or incurring any liability.
1.4. The information on the MARKETLEAG and within the Site are provided by MARKETLEAG for general information only and you rely on the information contained therein at your own risk. If you are unsure about your rights and obligations in connection with the use of the MARKETLEAG or the Site, please seek professional advice.
2.1. Unless otherwise defined, the following words and phrases shall have the meanings assigned to them:
2.2. Words importing the singular only shall also include the plural and vice versa where the context requires.
2.3. The headings are for convenience of reference only and shall not be taken into consideration for the purpose of interpretation.
2.4. Unless a contrary intention appears, a reference in the Contract to “including” shall not be construed restrictively but shall mean “including without prejudice to the generality of the foregoing” and “including but without limitation”.
2.5. Unless otherwise provided, any reference to any legislation shall be deemed a reference to such legislation as amended or revised from time to time and be deemed to include any subsidiary legislation made under such legislation.
2.6. For the purposes of computing time, unless the contrary intention appears, a period of days from the happening of an event or the doing of any act or thing shall be deemed to be exclusive of the day on which the event happens or the act or thing is done.
3.1. Your access, browsing, registration or use of this Site as a Visiting or Registered User constitutes your acceptance and agreement to be bound by these terms and conditions, including any amendments that may be made by MARKETLEAG from time to time (“Terms of Use”). If you do not consent to be bound by these Terms of Use, please discontinue your access or registration and refrain from using the Site, Services and Content.
3.2. MARKETLEAG may, from time to time and at its sole and absolute discretion, amend these Terms of Use without providing any prior notice to you. Any use of the Site, Services and Content after the amendment of these Terms of Use shall be deemed as acceptance of the amended Terms of Use by you. If you have registered to receive information about amendments to these Terms of Use, you may be notified by MARKETLEAG of such amendments. MARKETLEAG suggests that you check this page from time to time of any changes that MARKETLEAG may have made, as they are binding on Registered Users who continue to access, browse, or use the Site, Services and Content.
4.1. MARKETLEAG does not warrant or guarantee that the Site will always be available or be uninterrupted. MARKETLEAG may suspend, withdraw, discontinue, or change all or any part of the Site without any prior notice. MARKETLEAG shall not be liable to you for any reason in the event the Site is unavailable at any time or for any period.
4.2. You agree that you shall be responsible for the following and WILL:
4.3. You agree that you, and all persons who access the Site on your behalf, WILL NOT:
4.4. You represent, warrant and undertake to MARKETLEAG that all Uploads and Contents used, introduced and / or uploaded by you onto the Site do not infringe any rights or interests of any third party in Intellectual Property. You shall give MARKETLEAG prompt notice in writing of any claim of infringement of any such rights or interests made by any third party
4.5. All titles, rights and/or interests in the Content are protected by applicable Intellectual Property laws and all titles, rights and/or interests in such Content are owned by, licensed to or controlled by MARKETLEAG.
4.6. You agree not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, broadcast, distribute, sell, trade, exploit or use for any commercial or other purposes, any portion of, or any access to:
4.7. Without prejudice to the generality of Clause 4.6, you agree not to reproduce, display or otherwise provide access to the Site, Services or Content, which includes without limitation through framing, mirroring, linking, spidering, scraping or any other technological means (including any technology available in the future), without the prior written permission of MARKETLEAG.
4.8. You may not decompile, reverse engineer, or otherwise attempt to discover the source code of the Site or any Content, except under the specific circumstances expressly permitted by law or by MARKETLEAG in writing.
4.9. You may not hack into, interfere with, disrupt, disable, over-burden or otherwise impair the proper working of the Site, Services or MARKETLEAG’s servers, which shall include but is not limited to denialof-service attacks, spoof attacks, session hacking, sniffing, tampering, spamming, reverse engineering or reprogramming.
4.10. For the avoidance of doubt, all Intellectual Property rights in the Services, the Site and all Content shall vest in and remain with MARKETLEAG and its licensors.
4.11. The trademarks, logos, and service marks ("Marks") displayed on the Site are property of MARKETLEAG and other third parties, and all rights to the Marks are expressly reserved by MARKETLEAG and the relevant third parties. You shall not use any Marks, including in any advertising or publicity or as a hyperlink, without the prior written consent of MARKETLEAG or the relevant third party.
4.12. The domain name on which the Site is hosted on is the sole property of MARKETLEAG and you may not use or otherwise adopt a similar name for your own use.
4.13. You may use, hyperlink, copy and distribute the Content solely for personal, internal, non-commercial, or informational purposes only. You may not display, distribute, reproduce, modify, or otherwise use any of the Content for any commercial purpose unless you have obtained prior written permission from MARKETLEAG.
4.14. The Services and Content of the Site are provided on an "as is", “as available” basis only without warranties of any kind. To the fullest extent permitted by law, MARKETLEAG does not warrant and hereby disclaims any warranty, express or otherwise implied to the fullest extent of the applicable laws:
4.15. To the extent permitted by law, neither MARKETLEAG nor the platform provider makes any representations or warranties, or guarantees that the Site or the Content will be free from errors or omissions, unauthorised code or other harmful software, and hereby disclaim all express, implied and/or statutory warranties of any kind to you or any third party, arising from usage, custom, trade or by operation of law in relation to the Content.
4.16. To the extent permitted by law, neither MARKETLEAG nor the platform provider shall be responsible or liable to you or any third party for any errors or omissions, or for consequences arising from the use of any Content, any damage or loss, including without limitation, any direct or indirect, special or consequential damage, loss of income, revenue or profits, lost or damaged data, or damage to your computer, software, server, data or any other kind of property, arising directly or indirectly from:
4.17. Further, to the extent permitted by law, neither MARKETLEAG nor the platform provider shall be responsible or liable for the following:
4.18. MARKETLEAG shall in no event be responsible or liable for any injury, damage, loss, or expense caused by any negligence, omission or fault of its agents, advisors, consultants or contractors in connection with the Site including the Content or any part thereof. Indemnity in favour of MARKETLEAG
4.19. You agree to defend, hold harmless, and indemnify MARKETLEAG from and against all losses, liabilities, claims, costs, expenses (including reasonable legal costs) paid, incurred or suffered by MARKETLEAG, directly or indirectly attributable to any third party claims related to: (1) the use of the Site by you in contravention of these Terms of Use; (2) the Intellectual Property rights of, or errors in, any data uploaded by you onto the Site; (3) the failure by you to comply with all applicable laws; and (4) any acts and omissions by you.
4.20. You further agree to fully indemnify MARKETLEAG against all costs incurred by MARKETLEAG in the course of or incidental to removing any unauthorised code, virus, trojan horse, worm, logic bomb or other harmful software introduced by you, whether intentionally or by accident, and recovering any lost or damaged data or software.
4.21. You agree to defend, hold harmless, and indemnify the platform provider and MARKETLEAG from and against all losses, liabilities, claims, costs, expenses (including reasonable legal costs) paid, incurred or suffered by the platform provider or MARKETLEAG, directly or indirectly attributable to any third party claims related to: (1) the use of the Site by you in contravention of these Terms of Use; (2) the Intellectual Property rights of, or errors in, any data uploaded by you onto the Site; (3) the failure by you to comply with all applicable laws; and (4) any acts and omissions by you. You accept that the platform provider shall be entitled to assert its rights and remedies of the foregoing indemnity clause as a third-party beneficiary.
4.22. You acknowledge and agree that you may not have access to certain parts of the Site if your device does not have the appropriate technology. In addition, you acknowledge and agree that access to certain parts of the Site is restricted to users who have registered for the Services.
4.23. MARKETLEAG reserves all of its rights to deny or restrict access to the Site to any particular person, or to block access from a particular Internet address to the Site, at any time, without providing any reasons whatsoever.
4.24. The Site contains hyperlinks to websites which are not maintained by MARKETLEAG. MARKETLEAG shall not be responsible for the contents of such websites and shall not be liable for any injury, damages, loss, or expense howsoever arising from access to such websites. Use of the hyperlinks and access to such websites are entirely at your own risk.
4.25. Hyperlinks to other websites are provided solely for the convenience of the users. The contents of such websites, services or goods are not maintained or controlled by MARKETLEAG. MARKETLEAG shall not be responsible for the availability, accuracy, or reliability of the contents of such websites. Under no circumstances shall MARKETLEAG be considered to be associated or affiliated with any trade or service marks, logos, insignia, or other devices used or appearing on websites to which the Site is linked.
4.26. Except as set forth below, caching and links to, and the framing of the Site or the Content or any part thereof are prohibited. You must secure prior written permission from MARKETLEAG prior to hyperlinking to, or framing, the Site or the Content or any part thereof, or otherwise engaging in similar activities. MARKETLEAG reserves the right to impose in its sole discretion any terms and conditions when permitting any hyperlinking to, or framing of the Site or the Content or any part thereof and you agree to be bound and shall observe all such terms and conditions.
4.27. MARKETLEAG reserves all rights to disable any links to, or frames of any website containing inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information, or material or information that violates any written law, any applicable Intellectual Property, proprietary, privacy or publicity rights.
4.28. MARKETLEAG reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the Site or any of the Content.
4.29. The Site is available worldwide to anyone with Internet access. The Site contains information on MARKETLEAG’s Services, which may not be available in every location worldwide. Any reference to any Service on the Site does not imply that such Service is or will be available in your location. The Content of the Site, including advertising content, is intended for use and display only where its use and display are permissible in accordance with the laws of Singapore. Each Service shall be deemed void in the event that it is prohibited by law.
4.30. MARKETLEAG makes no representation that the Services and Content of the Site are appropriate or available for use in your location. Access to the Site shall be on your own volition and you shall solely be responsible for compliance with all local laws.
4.31. MARKETLEAG reserves the right to investigate notices of copyright, trademark, and other Intellectual Property infringement (“Infringement”) in respect of the Site, Services or Content (“Infringing Material”) and to take appropriate action if necessary.
4.32. You acknowledge and agree that MARKETLEAG has no control and cannot undertake responsibility or liability in respect of Infringing Material appearing on or through linked websites or other thirdparty sites.
4.33. In the event that you discover any content in the Site or Services that you believe infringes your rights, please notify MARKETLEAG at info@marketleag.com in writing immediately (“Infringement Notice”).
4.34. MARKETLEAG shall have no liability to you under this Terms of Use if it is prevented from or delayed in performing its obligations under this Terms of Use, or from carrying on its business, by acts, events, omissions or accidents beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of MARKETLEAG or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm, default of suppliers or sub-contractors, or disruption or unavailability of any linked websites.
5.1. In order to access and participate on the Site, you are required to be a Registered User by registering for an account as a Problem Owner or Problem Solver or any appropriate User roles) and filling in your personal particulars through the online registration form. You must be at least eighteen (18) years old to participate in the Challenges.
5.2. MARKETLEAG has the sole right and absolute discretion to approve, withdraw or deny your registration as a Registered User or suspend, terminate or restrict access to your account at any time without prior notice and without assigning any reason thereto, without prejudice to MARKETLEAG’s rights against you for any breach of these Terms of Use by you.
5.3. The Registered User who is registering on behalf of a registered company must complete the registration by submitting the required company information which includes without limitation the company name, company website, location of the company, Singapore-registered or foreign registered, type of organisation, Industry, and the position the Registered User holds in the company.
5.4. In the event that there are any changes to the information provide in Clause 5.3 above, the registered company (see Clause 5.3 above) shall, within [2] weeks from the date of the change of information, update the change on the Site.
5.5. You must keep your Registered User account details, log-on identification, and password confidential and not disclose them to any third party.
5.6. You must also use all reasonable efforts to protect the security of your log-on identification and password and not to permit other individuals to use your log-on identification and password to gain access to the Site.
5.7. You will not attempt to obtain or gain access to the account details, log-on identification, password, or any other security information belonging to any other Registered User.
5.8. MARKETLEAG may send you notifications in relation to the Site and advertising emails in relation to the Site and Challenges and other innovation activities, which you may have indicated an interest to participate in or have participated in. You may opt out or update your notification preferences in your profile settings.
6.1. You agree to defend, hold harmless, and indemnify MARKETLEAG from and against all losses, liabilities, claims, costs, expenses (including reasonable legal costs) (“Loss”) paid, incurred or suffered by MARKETLEAG, including any Loss directly or indirectly attributable to any third party claims, related to:
6.2. MARKETLEAG shall not be responsible or liable for any issues arising out of and / or in connection with the ownership, (legal, beneficial or otherwise) and the quality of the prototype.
6.3. Each Challenge will contain terms and conditions between Problem Owners and Problem Solvers that specifically relate to the Challenge (“Challenge Terms”) and such terms may vary depending on the particular Challenge. Your participation in a Challenge, whether as a Problem Owner or Problem Solver, constitutes your acceptance and agreement to be bound by those Challenge Terms, in addition to these Terms of Use. For the avoidance of doubt, MARKETLEAG is not a party to the Challenge Terms and shall not be bound by any obligations under the Challenge Terms.
6.3.1. The Challenge Terms may contain terms and conditions such as the start and end date of a Challenge period, eligibility criteria of Problem Solvers, requirements for submitted solutions and allocation of Intellectual Property rights relating to the solutions. If you have any questions, you should direct them to MARKETLEAG at info@marketleag.comor such other form of communication as may be prescribed in the relevant Challenge Terms.
6.4. If you wish to submit your Idea to MARKETLEAG through the Technology Incubator, you must first register as an inventor, complete the invention signup form and submit your Idea according to the MARKETLEAG T&C. If you submit an Idea but MARKETLEAG cannot offer a suitable business opportunity at that point in time, MARKETLEAG may allocate your Idea to MARKETLEAG's global Pool of Ideas database. MARKETLEAG is not obliged to retain or review your Idea and MARKETLEAG reserves the right to block or delete any information and materials that it determines to infringe applicable law or third-party rights at its sole discretion and without further notice to you.
6.4.1. If you wish to submit request for intellectual property protection and commercialization to MARKETLEAG through the Intellectual Property Accelerator, do not submit to MARKETLEAG anything you consider as confidential or proprietary. If you submit a request but MARKETLEAG cannot offer a suitable connection for protection or business opportunity at that point in time, MARKETLEAG may allocate your request to MARKETLEAG's global Pool of request database. MARKETLEAG is not obliged to retain or review your request and MARKETLEAG reserves the right to block or delete any information and materials that it determines to infringe applicable law or third-party rights at its sole discretion and without further notice to you.
6.4.2. If you wish to offer intellectual property services on MARKETLEAG platform through the Intellectual Property Accelerator, you must first register as an expert, complete the your profile, list your service and conduct yourself professionally and according to the MARKETLEAG T&C. Do not participate to undertake any request that is not within your (or your firm’s) area of expertise. If you enlist your service but MARKETLEAG cannot offer a suitable connection for protection or business opportunity at that point in time, MARKETLEAG would not be under any obligation to allocate opportunity that you cannot attract with your profile or credibility in the MARKETLEAG's global Pool of request database. Whenever found to be unprofessional in your interaction with MARKETLEAG platform user(s) or rated below average in the clients review, MARKETLEAG is not obliged to retain or review your account. MARKETLEAG reserves the right to block or delete any information and materials that it determines to infringe applicable law or third-party rights at its sole discretion and without further notice to you.
6.5. By participating in the Challenge, solving a problem statement, submitting ideas, sourcing technology, requesting or offering intellectual property services, you agree to conduct yourself in a professional and appropriate manner, and to comply with the Code of Conduct (set out below). The Code of Conduct may change at any time without any prior notice to you.
6.6. All Uploads to and / or Contents published on the Site (including the Discovery Engine, Digital Bench, Reusable Asset Repository, Innovation Marketplace and Community Forum) by you may be reviewed, vetted, and moderated by MARKETLEAG before being distributed, published, and made available to other Registered Users on the Site. MARKETLEAG retains its full and absolute discretion in respect of the inclusion or removal of these Uploads and / or Contents, including its discretion not to publish any Upload and / or Contents for whatsoever reason.
6.7. You should ensure that your Uploads and / or Contents is compliant with all applicable law and does not breach any contract or obligation between you and a third party or infringe any Intellectual Property rights of a third party.
6.8. MARKETLEAG has the sole and absolute discretion to determine if an Upload and / or Content is in breach of any content standards or guidelines, or contains any fact or opinion that may be unlawful, inaccurate, misleading, deceiving, defamatory, obscene, offensive, hateful, inflammatory, discriminatory, in contempt of court, incites violence, promotes sexually explicit material, instigates an act of terrorism, harasses or annoys any other person, impersonates any other person, touts any other person or contains any advertising or promotion of services or web links to other websites.
6.9. MARKETLEAG may take any action it deems fit or necessary in response to any Upload and / or Content, including removal of the Upload and / or Content, immediate, temporary or permanent withdrawal and termination of your right to use the Site (including the Discovery Engine, Digital Bench, Reusable Asset Repository, Innovation Marketplace and Community Forum) or of your registration as a Registered User, seeking any reimbursement of costs, expenses and charges on an indemnity basis as a result of your breach or for the purposes of investigating such breach including commencing any legal action against you, if necessary.
6.10. MARKETLEAG shall not be responsible or liable to you or any third party for the Uploads and / or Contents submitted by you. The views expressed by the Registered Users on the Site (including Discovery Engine, Digital Bench, Reusable Asset Repository, Innovation Marketplace and Community Forum) do not represent MARKETLEAG’s views or values.
6.11. For the avoidance of doubt, the evaluation of your Upload and / or Contents is not a guarantee that it is free from any defects. MARKETLEAG is not liable for any loss or damage whatsoever and howsoever incurred by any party as a result of the use of the Site.
6.12. Unless otherwise defined as Confidential Information (see definition below), any and all other Uploads and / or Contents submitted by you to the Site (where applicable) shall be considered non-confidential information (“Non-Confidential Information”). If your Uploads and / or Contents are likely to contain any Confidential Information or trade secrets, you should redact such information or refrain from submitting it to the Site (where applicable). MARKETLEAG will not be liable or responsible for any disclosure of Confidential Information or trade secrets by you in the course of the use of the Site.
6.13. “Confidential Information” shall mean: (1) Proprietary Information provided by the registered company on the Innovation Market; (2) the Registered User or registered company’s provision of Proprietary Information to MARKETLEAG; and (3) Uploads and Contents to the platform and Reusable Asset Repository. You must ensure that all such Confidential Information provided to MARKETLEAG:
6.14. “Proprietary Information” shall mean information owned by the company of the Registered User, that has commercial value in the company’s business.
6.15. While you retain all ownership rights in your Uploads and / or Contents to the Site in respect of Non-Confidential Information, you agree to grant MARKETLEAG a non-exclusive, transferable, royaltyfree, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, copy, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site in respect of NonConfidential Information, for any purpose as MARKETLEAG may require at its sole discretion. You further agree that MARKETLEAG may use and publish your name in connection with such Comments, Uploads and Content in respect of Non-Confidential Information.
6.16. Whilst you retain all ownership rights in your Uploads and / or Contents in respect of NonConfidential Information, you agree that MARKETLEAG may share such Non-Confidential Information with any other relevant Singapore government agencies, ministries, statutory bodies or potential enterprise buyers for the purposes of assisting the Problem Solver in securing projects, accelerating its growth, marketing or raising its profile with key stakeholders.
6.17. All Confidential Information received by MARKETLEAG from you in accordance with the above clauses will be held and maintained in confidence. MARKETLEAG will not use such Confidential Information except for the purposes of evaluation and will not disclose such Confidential Information received to third parties without your prior written consent. Subject always to the subsequent clause, MARKETLEAG agrees and undertakes:
6.18. MARKETLEAG may disclose any Confidential Information which it receives:
Unless otherwise mutually agreed to in writing by you and MARKETLEAG, any and all obligations in respect of Confidential Information arising out of and / or in connection with clauses 6.1 to 6.18 above (where applicable) shall remain in full force and effect for a period of 3 years from the date of disclosure of the Confidential Information to MARKETLEAG.
6.20. Confidential Information shall be treated as Non-Confidential Information 3 years from the date of disclosure of the Confidential Information.
These Terms of Use shall be governed by and construed in accordance with the laws of Singapore. You agree to irrevocably submit to the exclusive jurisdiction of the Singapore courts in the determination of any dispute arising in connection with these Terms of Use.
8.1. You may provide or submit comments, feedback, suggestions and other content or information (collectively, "Comments") provided that the content is not illegal, criminal, immoral, inappropriate, hateful, obscene, defamatory, offensive, violent, abusive, political, religious, infringing or disrespectful in nature, and does not consist of or contain software viruses, solicitation or any form of spam. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a Comment. MARKETLEAG reserves the right (but is not obliged) to review, remove or edit such content.
8.2. You hereby grant MARKETLEAG a non-exclusive, transferable, royalty-free, perpetual, irrevocable and sub-licensable license to use, reproduce, modify, adapt, copy, translate, publish, display, communicate, transmit, broadcast, distribute and exploit any Comments that you provide or publish through or in relation to the Site, for any purpose as MARKETLEAG may require at its sole discretion. You further agree that MARKETLEAG may use and publish your name in connection with such Comments.
8.3. If you have any questions or concerns about these Terms of Use or any issues raised in these Terms of Use or on the Site, please contact MARKETLEAG at info@marketleag.com. Such communications shall be made in the English language. MARKETLEAG makes no assurance or guarantee of an answer, or a time within which an answer may be given.
This code sets out guidelines for Problem Owner, Problem Solver, Inventor, Technology buyer, IP Owner, or IP Expert to conduct themselves in a professional and appropriate manner, in order to work together in an environment of mutual trust and respect during the Challenge or during the posting of a problem statement, submission of ideas or requesting for or offering intellectual property service. Given the objective of MARKETLEAG to be for Problem Owners or Technology Buyer to work with Problem Solvers or Inventors to build innovative solutions to address real business problems, MARKETLEAG expect both all the parties to strive for professionalism and quality, as well as be committed to the Challenge, Technology Sourcing or Intellectual Property service or request.
Problem Owners may provide prize monies (GST-inclusive, if any) for Challenges they post on the MARKETLEAG to signal their commitment to their innovation need, as well as to encourage Problem Solvers to submit quality ideas and solutions. MARKETLEAG hope that Problem Owners and Problem Solvers who have been successfully matched through the MARKETLEAG will work together to co-develop the POCs and prototypes, and to commercialise and scale the solutions post-Challenge or completion of POCs.
Problem Owners may complete a commercial procurement with Problem Solvers through direct negotiation.