| 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 Hong Kong Convention & Exhibition Centre situated
at 1 Expo Drive, Wanchai, 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, which as promoter and
organiser, is 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 1,200 kg/sqm
(250Lb/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. |
