| 1.
|
In
these Conditions, save as the context otherwise requires: |
| |
"Conditions"
means these Terms of Application and Exhibition Rules and Regulations
as amended from time to time by the Organiser.
"Exhibition"
means the exhibition to be organised by the Organiser as specified
in the application form.
"Exhibition
Stand" means a stand including a custom-built stand referred to
in clauses 10 to 16 and 19 to 22 of the Conditions.
"Exhibition
Venue" means the AsiaWorld-Expo, Hong Kong, or such other venue
designated by the Organiser and notified to the Exhibitor in writing
prior to the commencement of the Exhibition.
"Exhibitor" means a sole proprietor, a partnership or a limited company applying to exhibit at the Exhibition or, as the case may be, whose application to exhibit at the Exhibition has been accepted by the Organiser. For the purpose of doubt, “Exhibitor” shall include all employees’ representatives and agents of such sole proprietor, partnership or limited company.
"Organiser"
means the Hong Kong Trade Development Council and CIEC Exhibition
Co. (HK) Ltd, which as trade promoters and organisers, are responsible
for the regulation and control of all aspects of the Exhibition.
"Publicity
Material" means the promotional gifts, catalogues, pamphlets and
all and any advertising and publicity material whatsoever which
an Exhibitor wishes to display, distribute or use at the Exhibition.
"Raw Space"
means the empty floor Space.
"Shell Booth"
means a stand referred to in clauses 17 and 18 of the Conditions.
"Space"
means area of Exhibition venue allocated to Exhibitor for the purpose
of exhibiting at the Exhibition in accordance with clause 8 of the
Conditions.
"Stand" means
Exhibition Stand and/or Shell Booth.
|
| Eligibility
for the Conditions of Participation |
| 2.1
|
The
Organiser has the sole and absolute discretion in relation to the
admission of Exhibitors. Until an Exhibitor's application has been
accepted in writing by the Organiser, no rights to exhibit are granted
notwithstanding payment or acceptance of the full rental submitted
with the application. The Organiser reserves the right to decline
any application without giving any reason. |
| 2.2
|
All
Exhibitors must be legally registered companies/businesses carrying
on business either in Hong Kong or in their country of origin in accordance
with applicable laws. The Organiser may require Exhibitors to produce
a copy of their latest business registration certificate, certificate
of incorporation or other company/business registration documents,
business cards and/or product catalogues and/or other documents/materials
as may be required by the Organiser proving that they are carrying
on a bona fide business at any time.
|
| 3.
|
The
Space is licensed strictly to the Exhibitor for trade promotion purpose
only for the duration of the Exhibition. Exhibitor is required to
use the Space allocated in a manner satisfactory to the Organiser
both during assembling and installation of Stand as well as at the
Exhibition. The Organiser reserves the right to clear all or part
of the Space allocated to the Exhibitor at Exhibitor's expense without
notice should it not be satisfied with the way the Space is being
used. Save as provided in these Conditions, no Exhibitor shall have
any claim for any refund in respect of the Space rental or any other
monies paid.
|
| Payment |
| 4.
|
The
appropriate application fee, which shall be non-refundable (save as
provided in these Conditions), must accompany each application.
|
| 5. |
The
Organiser reserves the right to demand additional, non-interest bearing
deposit(s) at any time as a guarantee for the cost of actual or potential
damage.
|
| 6.
|
In
the event that an application for Space is not accepted by the Organiser,
the application fee paid shall be refunded without interest to the
applicant within 30 days from the date of notice of rejection of the
application.
|
| 7. |
If
an Exhibitor withdraws, for whatever reason, its application before
receipt by it of a rejection of its application or after its application
has been approved, the application fee paid will be forfeited.
|
| Space
Allocation |
| 8.1
|
The
Organiser has the sole and absolute discretion in allotting Space
for Stands and determining the location of such Stands. All decisions
to such effect shall be final and no request for change will be entertained. |
| 8.2
|
Any
Exhibitor who wishes to use a name on its Stand which is different
to that submitted on its application form must submit notice of this
change to the Organiser at least three months prior to the commencement
of the Exhibition together with the following:-
(a) documentation (in form and substance satisfactory to the Organiser)
signed by a certified accountant or the company secretary (in the
case of a registered limited liability company) to prove that only
the name of the applicant company has changed and not its ownership;
or
(b) other documentation (in form and substance satisfactory to the
Organiser) to show that the new company name belongs to a wholly-owned
subsidiary of the applicant. |
| 8.3
|
If
any Exhibitor which having had its application accepted by the Organiser
subsequently divides its business between two or more of its existing
shareholders, the Organiser shall have the right to offer the Space
as follows:-
(a) to the largest shareholder of the original applicant, who can
exhibit under its own company name provided that it will be displaying
the same category of products as the original applicant; and
(b) if the shareholding is divided evenly then the Organiser reserves
the rights to terminate the agreement with the original applicant
and reallocate the Space unless the parties can reach an agreement
among themselves regarding the transfer of the right to exhibit of
which the Organiser is notified at least 3 months prior to the commencement
of the Exhibition. |
| 9.1 |
The
Exhibitor's license to exhibit at the Exhibition and to use, on a
non-exclusive basis, the Space or Stand licensed to the Exhibitor
is personal to the Exhibitor and shall not be transferred, assigned,
sub-contracted, sub-let or otherwise howsoever shared with any third
party. Any Exhibitor who is found by the Organiser in its absolute
opinion to have transferred, assigned, sub-contracted, sub-let or
otherwise howsoever shared its Space or Stand with a third party,
will be obliged to immediately withdraw from the Exhibition, dismantle
its Stand and remove its exhibits at its own expense. |
| 9.2
|
The
Organiser reserves the right to maintain a record of those Exhibitors
who have breached clause 9.1 of the Conditions and may at its sole
and absolute discretion refuse to allow these Exhibitors or any of
their parent, associate, affiliated and / or subsidiary companies
to participate in any or all future events arranged by the Organiser. |
| 9.3
|
In
order to promote, or distribute, or display any business card, material
or exhibit (promotional or otherwise) bearing the name of, or allow
the presence of any employee or representative of, a wholly-owned
subsidiary of the Exhibitor or a third party company for whom the
Exhibitor is acting as a formal agent or distributor, on its Space
or Stand, the Exhibitor must apply in writing to the Organiser for
permission at least three months prior to the commencement of the
Exhibition together with supporting documents showing the connection
between the Exhibitor and the relevant subsidiary or third party company.
The Organiser has the sole and absolute discretion to determine whether
to give such permission and in giving such permission, may stipulate
such conditions as it deems fit. For the avoidance of doubt, the Exhibitor
shall be deemed to have breached clause 9.1 of the Conditions if the
Exhibitor distributes or displays any business card, material or exhibit
bearing a third party's name or allow the presence of any person other
than its employee without the prior permission of the Organiser or
in violation of any condition so imposed. |
| 9.4
|
The
Organiser has the right at its sole and absolute discretion to prevent
Exhibitors from having more than one Space in the Exhibition. |
| 9.5 |
The
Organiser has the right at its sole and absolute discretion to prevent
two or more Exhibitors with a common ownership or shareholder to attempt
to consolidate their Space or Stands or to display the same goods
or product range at separate Stands, notwithstanding their application
having been accepted.
|
| Stand
Construction |
| 10. |
Stands
and exhibits shall not exceed the maximum floor loading limit of 3,000
kg/sqm (625Lb/sq.ft.)
|
| 11. |
The
Organiser reserves the right to alter or remove without notice and
at the Exhibitor's expense any Stand which differs from the approved
specification or any Stand that does not conform to the Organiser's
required standard, rules and regulations. The Exhibitor shall have
no claim against the Organiser or its agents for any extra cost of
replacing its Stand to conform to the Organiser's required standard,
rules and regulations or for any other losses or damages relating
thereto.
|
| 12. |
Exhibitors
taking up Raw Space may appoint either the official stand contractor
or their own contractor to design and construct their Exhibition Stands,
the design of which must be submitted to the Organiser for approval
as provided in these Conditions. |
| 13.
|
Work
of any kind carried out at the Exhibition Venue must conform to the
current local laws and regulations in force in Hong Kong and those
specified by the Organiser. This applies to the Exhibitor, its agents,
contractors and subcontractors. The Organiser reserves the right to
stop any work which contravenes with any of these laws and regulations
and the Exhibitor shall have no claim against the Organiser or its
agents for any losses or damages relating thereto.
|
| 14. |
The
suspension of Stands or light fittings from the ceiling structure
of the Exhibition Venue will not be permitted unless prior approval
in writing is obtained from the Organiser.
|
| 15.
|
Fixings
to the surface of the floors to secure margin boards and other stand
fittings will not be permitted unless prior approval in writing is
obtained from the Organiser.
|
| 16. |
The
removal and disposal of crates and stand fittings or materials are
not covered by the rental and are subject to an additional charge
based on the charges imposed by the Exhibition Venue or such other
sum as the Organiser may reasonably determine.
|
| Shell
Booths |
| 17.
|
Shell
Booths are provided by the Organiser's official contractor and are
of a standard design. No variation of the Shell Booth including but
not limited to its fascia board, lettering and fittings, shall be
allowed unless prior written approval is given by the Organiser.
|
| 18. |
No decoration, booth fitting or exhibit shall exceed 2.5m in height
or the height of the Shell Booth, whichever is lower.
|
| Custom-built
Stands on Raw Space |
| 19.
|
Original
plans and design proposals for Raw Space must be submitted in triplicate
to reach the Organiser for approval not later than six weeks before
the commencement of the Exhibition. Drawings submitted must be in
a reasonable scale of not less than 1:100, fully dimensioned and must
contain information such as floor plan, stand elevation, fittings,
carpeting, colours and materials to be used, moving exhibits, audio-visual
equipment, weights and point loading of exhibits.
|
| 20. |
No custom-built Stand may be erected at the Exhibition Venue unless
the plans and design proposals thereof have been approved in writing
by the Organiser, which approval may be withheld by the Organiser
without giving any reason.
|
| 21. |
All custom-built
stand designs, stand materials used and its construction must conform
to the rules and regulations of the Exhibition Venue and those of
any public authority or department of the Hong Kong SAR Government.
|
| 22.
|
The
transporting, assembling, dismantling and the removing of custom-built
Stands are the responsibility of the Exhibitor. All such work must
be carried out according to the arrangements and within the time limits
specified in these Conditions or otherwise by the Organiser.
|
| Electricity |
| 23.
|
Only electricity
can be used as a source of light or power at the Exhibition Venue.
|
| 24. |
All electrical
works shall be carried out at Exhibitor's expense by the official
contractor appointed by the Organiser. Design plan or proposals
for electrical installation must be submitted to reach the Organiser
for approval not later than two months before the commencement of
the Exhibition. The Organiser may require amendments or variations
to be made to the design plan or proposals before approving the
same, or may withhold approval at its sole and absolute discretion.
|
| 25. |
Electric current
will be supplied in 210-230 volt, single phase. Electric current
of a higher voltage, three phases, will be supplied subject to prior
arrangement with the Organiser. The maximum electric power that
will be supplied is 20 KW per 15 square meter of Space.
|
| 26.
|
Electricity,
whether from the mains, batteries or generators shall be supplied
only through the Exhibition Venue's official contractor.
|
| Use
of Stand & Safety |
| 27. |
The
Exhibitor shall be solely responsible for the precautionary measures
(such as guards or other means of protection) to protect the public
from any moving or working exhibits. Such moving or working exhibits
shall only be demonstrated or operated by competent persons authorized
by the Exhibitor and shall not be left running in the absence of such
persons. Display of such working or moving exhibits must be subject
to the Organiser's prior written approval.
|
| 28.
|
The
use of laser products at the Exhibition requires prior approval in
writing from the Organiser. Application for approval of such use must
be submitted to reach the Organiser not later than two months before
the commencement of the Exhibition.
|
| 29.
|
No
advertising or demonstration at the Exhibition, including the staging
of any fashion show, will be allowed at the Exhibition Venue unless
the Organiser's advance approval in writing is obtained.
|
| 30.
|
Any musical
performance, including the use of music recording for fashion show,
requires the permission of:
(a) The Composers
and Authors Society of Hong Kong Ltd., 18/F, Universal Trade Centre,
3 Arbuthnot Road, Central, Hong Kong (Tel: 2846-3268 Fax: 2846-3261);
(b) Phonographic Performance (South East Asia) Ltd., Room 3705,
Hopewell Centre, 183 Queen's Road east, Wanchai, Hong Kong (Tel:
2866-6862 Fax: 2866-6869); and
(c) such other relevant bodies which are entitled to grant the relevant
permission from time to time.
All fees and expenses in connection with application of musical
performance shall be borne by individual Exhibitor concerned.
|
| 31.1
|
Publicity
Materials of any Exhibitor may only be distributed from the Exhibitor's
own Stand. No advertising, demonstration or canvassing for business
may be carried out anywhere else within the Exhibition Venue. No exhibits
or advertising signs shall be placed outside the confines of the Exhibitor's
Stand.
|
| 31.2
|
The
Exhibitor may only display exhibits and Publicity Material which correspond
to the product category zone as stated in the booth confirmation letter
of the Exhibition.
|
| 32. |
The Exhibitor shall not hang on, or otherwise adhere to, the fascia
boards any stickers, posters, hangers or other materials.
|
| 33.
|
Gas-filled
balloons shall not be permitted at the Exhibition Venue under any
circumstances.
|
| 34.
|
Exhibitor's
Stand must be manned by an authorized and competent representative
of the Exhibitor at all times during the Exhibition. Such representative
must be fully conversant with the Exhibitor's products and/or services
and shall be duly authorized to negotiate and conclude contracts for
the sale of the Exhibitor's products or services. The Exhibitor shall
produce confirmation (in such form as may be reasonably required by
the Organiser) that the representative shall comply with these Conditions
and with any and all directions which the Organiser or its agents
may give before or during the Exhibition.
|
| 35.
|
Organiser
shall be entitled at its sole and absolute discretion to require forthwith
to be removed, and to remove, at the Exhibitor's expense, from any
Stand or any area or Space made available to any Exhibitor, any goods,
Publicity Material, items or things displayed or placed there without
any obligation to give any reason therefor, and without incurring
any liability for any loss, damage or expense whatsoever incurred
by the Exhibitor or any other person as a consequence thereof.
|
| 36.1
|
The
Exhibitor warrants that the exhibits and packages thereof and the
Publicity Material or any other part of the display on the Stand do
not in any way whatever violate or infringe any third party's rights
including all intellectual property rights including but not limited
to trade marks, copyright, designs, names, and patents whether registered
or otherwise. The Exhibitor agrees to fully indemnify the Organiser
and its agents, representatives, contractors and employees against
all costs, expenses and damages arising from any third party's claim
of infringements by the Exhibitor and/or the Organiser and/or the
latter's agents, representatives, contractors or employees of such
third party's rights.
|
| 36.2
|
The
Exhibitor agrees that it shall comply with any "Exhibitors' Brief
on the Protection of Intellectual Property Rights at TDC Exhibitions"
("Exhibitors' Brief") that the Organiser may issue
from time to time, including abiding by any complaint procedures and
penalties stated in the Exhibitors' Brief, whether as a complainant
of infringement of intellectual property right or as a party subject
to any such complaint. If the Exhibitor fails to abide by any of the
terms and conditions of the Exhibitors' Brief, the Organiser shall
have the sole and absolute discretion to ban the Exhibitor and any
of its parent, associate, affiliated and/or subsidiary companies from
any or all future TDC exhibitions and / or to further ban any representatives
of the Exhibitor in question from entering the venue of the current
TDC Exhibition in which the Exhibitor is participating.
|
| 36.3 |
If a complainant/an Exhibitor ("complainant") files
a complaint with the Organiser in accordance with the Exhibitors'
Brief and requests the Organiser to take action against an Exhibitor,
the complainant agrees to hold the Organiser, its agents, representatives,
contractors and employees (including but not limited to their legal
advisors) harmless and to fully indemnify each and every one of them
against any and all liabilities, losses, costs (including but not
limited to legal costs), expenses and damages of any nature whatsoever
incurred or suffered by any of them as a result of or however arising
from any action that the Organiser, its agents, representatives, contractors
or employees (including but not limited to their legal advisors) may
take in reliance of or as result of such complaint filed by the complainant,
or any other requests, directions or instructions made or given by
the complainant pursuant to such complaint. The complainant further
agrees not to take any legal action or make any claim or demand against
the Organiser, its agents, representative, contractors or employees
(including but not limited to their legal advisors) in relation to
such complaint and the alleged infringement of intellectual property
rights.
|
| 37.
|
Stand
assembling, installation and decoration must be carried out within
the time limits specified by the Organiser and must in any case be
completed by 6:00pm on the day immediately preceding the commencement
date of the Exhibition. The Organiser reserves the right to assemble,
install or decorate any Space or Stand which is not completed by that
time at the Exhibitor's expense.
|
| 38.
|
Repairs
or alterations to the Stand or displays may only be carried out after
the Exhibition is closed to the public and with prior written agreement
of the Organiser.
|
| 39. |
No
Stand or exhibits shall be dismantled or removed before the official
closing time of the Exhibition on the last day of Exhibition unless
special permission has been given by the Organiser.
|
| 40.
|
All
audio-visual equipment must generate a noise level which does not
cause any annoyance or inconvenience to other Exhibitors or visitors.
The Organiser reserves the right to appoint one or more exclusive
audio-visual equipment suppliers whereupon the Exhibitor shall be
obliged to hire the equipment of such exclusive suppliers.
|
| 41.
|
No
Exhibitor shall engage in or permit filming, sound or video recording,
telecasting and broadcasting at the Exhibition Venue unless prior
written approval is obtained from the Organiser.
|
| 42.
|
Public
auctions shall not be permitted at the Exhibition Venue under any
circumstances.
|
| 43.
|
Full
particulars of all personnel, agents or representatives of the Exhibitor
must be submitted to the Organiser for approval and registration before
they may be admitted to the Exhibition Venue. All such personnel,
agents and representatives of the Exhibitor as are approved by the
Organiser ("authorized personnel") will be issued with badges for
identification and admission purposes. The Exhibitor hereby undertake
to procure that its authorized personnel shall:-
(a) display their badges conspicuously whilst at the Exhibition Venue;
(b) do not pass their badges to any other person;
(c) return their badges to the Organiser at the conclusion of the
Exhibition upon demand by the Organiser;
(d) comply with all obligations expressed to be imposed by these Conditions
on the Exhibitor; and
(e) comply with all obligations imposed on them as the condition of
approval of their admission to the Exhibition by the Organiser.
|
| Publicity |
| 44.
|
The
Organiser shall arrange and be responsible for all publicity arrangements
for the Exhibition both overseas and in Hong Kong and no Exhibitor,
or its agents, shall give or cause to be given any interview, public
announcement, press statement, or any other publicity whatsoever intended
to publicize the Exhibition as a whole. |
| 45.
|
The
Exhibitor shall not disclose, appropriate or use and shall prevent
its representative at the Exhibition from disclosing, appropriating
or using any technical or confidential information regarding the business
or affairs of the Organiser or any of the Exhibitors at the Exhibition
acquired by way of the Exhibitor's license to exhibit at the Exhibition. |
| Move-in
and Move-out of Stand Materials/Publicity Material & Exhibits |
| 46.
|
Exhibitor
shall move in to the Exhibition Venue according to the arrangements
and within the time limits specified by the Organiser.
|
| 47.
|
The
arrangement and payment for transporting goods to and from the Exhibition
Venue, and the receiving, decorating and removing its exhibits are
entirely the responsibility of the Exhibitor.
|
| 48. |
No
trolleys shall be allowed in any carpeted areas of the Exhibition
Venue.
|
| 49.
|
All
exhibits, Stand materials/Publicity Material and the like of the Exhibitor
shall be removed by the relevant Exhibitor immediately after the closing
of the Exhibition according to the arrangements and within the time
limits specified by the Organiser. Any exhibits or Stand material/Publicity
Materials and the like of the Exhibitor left behind at the Exhibition
Venue shall be deemed abandoned and shall be disposed of by the Organiser
at the expense of the Exhibitor concerned. All proceeds (if any) of
such disposal shall be retained by the Organiser and the Organiser
shall not be obliged to account the proceeds to the relevant Exhibitor.
|
| 50.
|
The
Organiser reserves the right to appoint one or more exclusive contractor(s)
to handle the movements of all goods and exhibits in and out of the
Exhibition Venue, whereupon the Exhibitor shall be obliged to hire
the services of such exclusive contractor(s).
|
| Links
to Exhibitor's Web Site |
| 51.
|
The Exhibitor's Web site should:
(a) be professionally prepared, organised and maintained in a presentable
and respectable manner, compatible with the quality image of the Organiser;
(b) contain information aimed at promoting trade and business, and
should be in compliance with all applicable laws;
(c) not be a mail order catalogue for products or services as retail
operations are not permitted to function through the access made available
on the Organiser's Web site; and
(d) not be a database or contain any link to other Web sites.
|
| 52.
|
The
Exhibitor agrees to and welcomes the Organiser's establishment and
provision of a hypertext link to the Exhibitor's Web site on the Organiser's
Web site for such duration as the Organiser in its sole and absolute
discretion deems fit. The Exhibitor agrees that the Organiser shall
not be liable for any loss or liability whatsoever arising from or
in connection with the Organiser's provision or removal of the hypertext
link or any service interruptions of the Organiser's Web site, whether
caused by the Organiser or its employees or not.
|
| 53. |
The Exhibitor warrants to the Organiser that its Web site does not
contain any of the following:
(a) critical, defamatory, libellous, slanderous or derogatory messages,
statements or material about other countries, territories, governments,
cultures, religions, persons, companies, organizations, entities,
products, services or otherwise;
(b) obscene or indecent articles;
(c) messages, statements or material which may be considered violent,
racist, harmful or otherwise objectionable in nature;
(d) any other information or material which is deceiving, misleading
or likely to cause confusion to site visitors.
|
| Exhibitor's
Undertakings |
| 54.
|
The
Exhibitor hereby undertakes to the Organiser that it shall:
(a) take all necessary precautions to ensure that:
(i) the information or material contained in the Exhibitors' Web site
is at all relevant time accurate, truthful and complete;
(ii) the Exhibitor's Web site is virus free and that it shall inform
the Organiser immediately of any infection or suspected infection
of any part of its Web site by any kind of virus;
(b) regularly update its Web site to maintain accuracy and to ensure
conformity with the established image and good reputation of the Organiser;
(c) inform the Organiser of any changes made to the name of a web
page on the Exhibitor's Web site or its home page; and
(d) ensure that the contents of its Web site:
(i) do not infringe any intellectual property rights or other rights
of any third party;
(ii) must not at any time violate any laws applicable to the Exhibitor
or the Organiser, including but not limited to any Hong Kong law,
or any international conventions, codes or regulations applicable
to the Internet or its usage, and other applicable laws; and
(iii) are not, in the reasonable opinion of the Organiser, unfavourable
to the image of the Organiser or otherwise undesirable.
|
| 55.
|
The
Organiser reserves the right at any time to bar access to or delete
the link between the Organiser's Web site and the Exhibitors' Wed
site at the Organiser's sole and absolute discretion without notice
and without giving any reasons therefor.
|
| 56.
|
The
Exhibitor irrevocably waives all rights to bring any claim or action
against the Organiser for any loss, damage or injury which may arise
as a result of the way in which the linked site is depicted or portrayed
on or accessible from the Organiser's Web site.
|
| 57.
|
The
Organiser shall not be responsible for any illegal or unauthorized
use of materials from the Exhibitor's Web site or other infringement
conducts of any visitors to the Exhibitor's Web site via the link
on the Organiser's Web site.
|
| 58.
|
The
Exhibitor undertakes to fully indemnify and at all time to keep indemnified
in full the Organiser from and against all losses, liabilities, actions,
proceedings, claims, damages, costs (including but not limited to
legal costs) and expenses whatsoever and wherever arising which the
Organiser may suffer or incur by reason of or in relation to or otherwise
associated with its hypertext link to the Exhibitor's web site.
|
| Exclusion
of Liability |
| 59.
|
Other
than death or personal injury caused by the negligence of the Organisers
or its employees, none of the Organisers, its agents, representatives,
contractors or employees shall be liable in any way whatsoever in
respect of any loss, injury or other damages suffered by or caused
to the Exhibitor, its agents, representatives, contractors or employees
or the products or other property of the Exhibitor or of such parties
or of any other Exhibitors or visitors. For the avoidance of doubt,
any death or personal injury caused by or resulting from the acts
of God, war, health concerns (such as the outbreak of the Severe Acute
Respiratory Syndrome), threats of terrorist attack, riots, demonstrations,
civil disturbances, inevitable accident or any other cause not within
control of the Organiser shall not be regarded as the negligence of
the Organiser or its employees. Any approval granted by the Organiser
pursuant to the Conditions shall not constitute any form of endorsement
of the subject matter of the approval by the Organiser.
|
| 60.
|
The
Organiser shall not be responsible in any manner whatsoever for the
consequences of any introduction or commercial transaction made between
the Exhibitor and other parties during or as a result of the Exhibition.
|
| 61.
|
The
Exhibitor undertakes to fully indemnify and at all times hereafter
to keep indemnified in full the Organiser, its agents, representatives,
contractors and employees on demand from and against all losses, liabilities,
actions, proceedings, claims, damages, costs (including but not limited
to legal costs) and expenses whatsoever which it may suffer or incur
by reason of or in relation to the negligence, wilful default or fraud
of the Exhibitor in the performance of any agreement hereunder or
any breach by the Exhibitor of these Conditions.
|
| 62. |
The Organiser undertakes no financial or legal responsibility for any type of risk concerning or affecting the exhibitors/visitors, their personal belongings and exhibits. The Exhibitor shall be responsible for effecting insurance which shall include (but not limited to) its displays, exhibits and stands against loss or damage by theft, fire, water, public (including occupier's liability) and any other natural causes, and shall produce such policy of insurance to the Organiser upon request.
|
| 63. |
The Exhibitor shall take out insurance policies to cover itself against all potential liabilities imposed on it in these Conditions as well as possible legal liability for negligence and shall produce such policy of insurance to the Organiser upon request. Exhibitor is fully liable for any loss or damage caused by an act or omission of the Exhibitor or its agents, representatives, contractors or employees to any property of the Exhibition Venue, the other Exhibitors or the Organiser. For exhibitors with precious exhibits, they are requested to take out insurance coverage and/or special security service at the exhibitors’ expense for overnight storage.
|
| 64.
|
The
Organiser reserve the right to exercise a general lien over any property
the Exhibitor has in the Exhibition Venue in respect of all monies
due from the Exhibitor to the Organiser (including but not limited
to claims for damages) in connection with the Exhibition.
|
| 65.
|
The
Exhibitor hereby agrees that the maximum liability of the Organiser
under these Conditions shall not exceed the fee actually received
by the Organiser from the Exhibitor.
|
| Waiver |
| 66.
|
The
waiver by the Organiser of any of these Conditions shall not prevent
the subsequent enforcement of these Conditions and shall not be deemed
to act as a waiver in respect of any subsequent breach.
|
| Termination
of Right to Exhibit |
| 67.
|
The
Organiser shall have the right to terminate without notice an Exhibitor's
right to exhibit in the Exhibition and in any other exhibition or
trade fair organised by the Organiser and to close the Stand immediately
at the Exhibitor's expense in any of the following circumstances:
(a) if an Exhibitor or any of its representatives commits a breach
of any of the Conditions or any additional rules and regulations introduced
in accordance with clause 75 of the Conditions; or
(b) if an Exhibitor, being a body corporate, enters into a liquidation
whether compulsory or voluntarily or compounds with its creditors
or has a receiver appointed over all or any part of its assets or
takes or suffers any similar action in consequence of debt or if an
Exhibitor being a sole proprietorship or partnership becomes, or one
of its members becomes bankrupt or insolvent or enters into any arrangements
with its creditors or takes or suffers any similar action in consequence
of debt; or
(c) if the Exhibitor conducts any activity which, in the opinion of
the Organiser, does not conform to the nature and purpose of the Exhibition,
or interferes with the rights of other Exhibitors at the Exhibition;
or
(d) if the Exhibitor displays prices or sells goods (which in either
case does not conform to the nature and purpose of the Exhibition)
to private persons or sells goods for immediate delivery in the Exhibition
Venue; or
(e) if the Space or Stand is not occupied by the Exhibitor 30 minutes
before the opening hour (as published in the Exhibitor's Manual produced
by the Organiser) on the first exhibition day of the Exhibition, the
Exhibitor shall be deemed to have withdrawn from the Exhibition, and
the Organiser shall have the right to use the Space allocated to the
Exhibitor as it deems appropriate. The application fee paid will be
forfeited as if the Exhibitor had cancelled the participation as of
such date; or
(f) if the Exhibitor's display on its stand incorporates less than
60% of its display area exhibiting the appropriate products corresponding
to the product category zone as stated in the booth confirmation letter
of the Exhibition or incorporates any product which does not correspond
to the product listing as stated in the application form of the Exhibition;
or
(g) if the Exhibitor is found to be acting in a discriminatory manner
against certain visitors at the Exhibitions; or
(h) if the Exhibitor is found to have committed any act which, in the opinion of the Organiser, might prejudice or damage the reputation and/or image of Hong Kong, its industries, the fair or the Organiser. Areas of concern include product safety and respect for intellectual property rights (IPR), labour rights, environmental laws etc.; or
(i) if the Exhibitor is accused or convicted of any criminal offence
or otherwise so conducts itself as to bring itself, the Exhibition
or the Organiser into disrepute; or
(j) if the Exhibitor is in breach of any applicable local laws, rules
or regulations; or
(k) if the Organiser in its sole and absolute discretion decide that
the Exhibitor's right to exhibit shall be terminated.
|
| 68.
|
In
the event that an Exhibitor's right to exhibit in the Exhibition is
terminated under clause 67(a), (b), (c), (d), (e), (f), (g), (h),
(i) or (j) of the Conditions, the Exhibitor shall have no claim for
refund of any monies paid to the Organiser.
|
| 69. |
The
Organiser shall return to the Exhibitor all rental paid in the event
of a termination of the Exhibitor's right to exhibit under clause
67(k) of the Conditions. The Exhibitor shall have no other claims
against the Organiser for any of its loss or damages in connection
with any such termination.
|
| Postponement
and Cancellation of Exhibition |
| 70. |
The organiser reserves the right to change the date(s) of the Exhibition to other date(s) (including but not limited to postponing to later date(s)) as the Organiser deems fit, or cancel, alter in character or mode, reduce in scale, shorten or extend the duration of the Exhibition at any time without incurring any liability whatsoever to the Exhibitor due to circumstances beyond the Organiser’s control including but not limited to acts of God, war, health concerns (such as outbreaks of the Severe Acute Respiratory Syndrome, bird flu or other health threats), fear of terrorist attack, riots, demonstrations, travel restrictions, curfew, epidemic, embargo, civil unrest, legal proceedings, industrial disputes of whatever nature, government regulations, the lack of or refusal to grant any government or third party approvals, permits, consents or licences, major disruption of transport system, system malfunctions or failure of telecommunications or other electronic communications that make it in the opinion of the Organiser impossible or impractical or undesirable for the Organiser to hold the Exhibition as initially planned. The Exhibitor shall have no claim against the Organiser or its agents or representatives, whether for loss or damage, or return of all or part of any money paid by the Exhibitor in respect of any postponement, cancellation, alternation, reduction, shortening or extension made in accordance with this provision.
|
| 71. |
The
Organiser reserves the right to change the plan, site character or
venue of the Exhibition at any time without giving notice to the Exhibitor.
Proportional allowance for space rental may be made if deemed appropriate
by the Organiser (in its sole and absolute discretion) but it shall
not be liable for any further compensation to the Exhibitor.
|
| Disclaimer |
| 72. |
The
Organiser has the sole and absolute discretion in relation to the
admission of visitors to the Exhibition (including but not limited
to determining any admission requirements or procedures). The Exhibitor
acknowledges that the Organiser has given no commitment or guarantee
as regards the number of visitors to the Exhibition and the results
of the Exhibition and agrees that it has no claim against the Organiser
or its agents or representatives in this connection.
|
| 73. |
The
Exhibitor acknowledges and agrees that the Organiser shall not be
responsible for any losses or damages that the Exhibitor's business
may suffer and that the Organiser has made no warranties of any kind,
express or implied for services to be provided hereunder. The Organiser
hereby disclaims any warranty or merchantability or fitness for any
particular purpose.
|
| 74. |
The
Exhibitor further acknowledges and agrees that the Organiser shall
not be responsible for any system malfunctions or failure of telecommunications
or other electronic communications at the Exhibition Venue which is
beyond the Organiser's control.
|
| Additional
Rules & Regulations |
| 75.
|
The Organiser reserves the right to interpret, alter and amend any
of these Conditions and to issue additional rules and regulations
(including but not limited to the exhibitors’ manual) at any
time it considers necessary for the orderly operation of the Exhibition.
The amended Conditions and the additional rules and regulations shall
become effective immediately upon posting of the same on our website
at http://www.tdctradefairs.com. Once the amended Conditions and the
additional rules and regulations have been posted on our website at
http://www.tdctradefairs.com, you will be deemed to have notice of
the same and have accepted the amended Conditions and the additional
rules and regulations. All interpretations of these Conditions and
any additional rules and regulations by the Organiser shall be final
and binding on the Exhibitor.
|
| 76.
|
The
Exhibitor shall abide by the rules and regulations of the Exhibition
Venue which are deemed to be integral parts of and incorporated into
these Conditions. In the event of conflict between the provisions
of such rules and regulations and these Conditions, these Conditions
shall prevail. Copies of the rules and regulations of the Exhibition
Venue are available from the Organiser on request.
|
| Conflict
with Application Form |
| 77. |
If the provisions of these Conditions conflict with the application
form, the provisions of these Conditions shall prevail.
|
| Governing
Law |
| 78.
|
These
Conditions shall be governed by and construed in all respects in accordance
with the laws of Hong Kong and the Exhibitor irrevocably submits to
the non-exclusive jurisdiction of the Hong Kong courts. |
