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1.
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In these Conditions, save as
the context otherwise requires: |
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"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.
"Organisers" means the
Hong Kong Trade Development Council (HKTDC) & the Messe Frankfurt (HK) Ltd (MFHK),
which as promoters and Organisers, 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.
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Eligibility for the Conditions
of Participation |
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2.1
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The Organisers have the sole and
absolute discretion in relation to the admission of Exhibitors. Until an Exhibitor's
application has been accepted in writing by the Organisers, no rights to exhibit
are granted notwithstanding payment or acceptance of the full rental submitted with
the application. The Organisers reserve the right to decline any application without
giving any reason. |
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2.2
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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 Organisers 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 Organisers proving that they are carrying on a bona fide business at any
time.
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3.
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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
Organisers both during assembling and installation of Stand as well as at the Exhibition.
The Organisers reserve 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.
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Payment |
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4.
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The appropriate application fee,
which shall be non-refundable (save as provided in these Conditions), must accompany
each application.
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5. |
The Organisers reserve the right
to demand additional, non-interest bearing deposit(s) at any time as a guarantee
for the cost of actual or potential damage.
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6.
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In the event that an application
for Space is not accepted by the Organisers, 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.
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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.
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Space Allocation |
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8.1
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The Organisers have 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.
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8.2
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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 Organisers at least three months prior
to the commencement of the Exhibition together with the following:-
(a) documentation (in form and
substance satisfactory to the Organisers) 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 Organisers) to show that the new company name
belongs to a wholly-owned subsidiary of the applicant.
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8.3
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If any Exhibitor which having had
its application accepted by the Organisers subsequently divides its business between
two or more of its existing shareholders, the Organisers 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 Organisers reserve 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 Organisers
are notified at least 3 months prior to the commencement of the Exhibition.
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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 Organisers 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.
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9.2
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The Organisers reserve 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 Organisers.
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9.3
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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 Organisers 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 Organisers
have 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 Organisers or in violation
of any condition so imposed.
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9.4
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The Organisers have the right at
its sole and absolute discretion to prevent Exhibitors from having more than one
Space in the Exhibition.
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9.5 |
The Organisers have 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.
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Stand Construction |
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10. |
Stands and exhibits shall not exceed
the maximum floor loading limit of 1,200 kg/sqm (250Lb/sq.ft.)
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11. |
The Organisers reserve 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
Organisers' required standard, rules and regulations. The Exhibitor shall have no
claim against the Organisers or its agents for any extra cost of replacing its Stand
to conform to the Organisers' required standard, rules and regulations or for any
other losses or damages relating thereto.
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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 Organisers for approval as provided in these Conditions.
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13.
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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 Organisers. This applies to the Exhibitor,
its agents, contractors and subcontractors. The Organisers reserve the right to
stop any work which contravenes with any of these laws and regulations and the Exhibitor
shall have no claim against the Organisers or its agents for any losses or damages
relating thereto.
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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 Organisers.
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15.
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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 Organisers.
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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 Organisers may reasonably determine.
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Shell Booths |
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17.
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Shell Booths are provided by the
Organisers' 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 Organisers.
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18. |
No decoration, booth fitting or
exhibit shall exceed 2.5m in height or the height of the Shell Booth, whichever
is lower.
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Custom-built Stands on Raw Space |
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19.
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OOriginal plans and design proposals
for Raw Space must be submitted in triplicate to reach the Organisers 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.
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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 Organisers, which approval may be withheld by the Organisers
without giving any reason.
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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.
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22.
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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 Organisers.
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Electricity |
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23.
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Only electricity can be used as
a source of light or power at the Exhibition Venue.
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24. |
All electrical works shall be carried
out at Exhibitor's expense by the official contractor appointed by the Organisers.
Design plan or proposals for electrical installation must be submitted to reach
the Organisers for approval not later than two months before the commencement of
the Exhibition. The Organisers 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.
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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 Organisers. The maximum electric
power that will be supplied is 20 KW per 15 square meter of Space.
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26.
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Electricity, whether from the mains,
batteries or generators shall be supplied only through the Exhibition Venue's official
contractor.
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Use of Stand & Safety |
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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 authorised 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 Organisers' prior written approval.
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28.
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The use of laser products at the
Exhibition requires prior approval in writing from the Organisers. Application for
approval of such use must be submitted to reach the Organisers not later than two
months before the commencement of the Exhibition.
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29.
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No advertising or demonstration
at the Exhibition, including the staging of any fashion show, will be allowed at
the Exhibition Venue unless the Organisers' advance approval in writing is obtained.
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30.
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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.
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31.1
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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.
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31.2
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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.
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32. |
The Exhibitor shall not hang on,
or otherwise adhere to, the fascia boards any stickers, posters, hangers or other
materials.
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33.
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Gas-filled balloons shall not be
permitted at the Exhibition Venue under any circumstances.
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34.
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Exhibitor's Stand must be manned
by an authorised 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 authorised 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 Organisers)
that the representative shall comply with these Conditions and with any and all
directions which the Organisers or its agents may give before or during the Exhibition.
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35.
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Organisers 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.
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36.1
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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 Organisers 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 Organisers and/or
the latter's agents, representatives, contractors or employees of such third party's
rights.
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36.2
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The Exhibitor agrees that it shall
comply with any "Exhibitors' Brief on the Protection of Intellectual Property
Rights at TDC+MFHK Exhibitions" ("Exhibitors' Brief") that
the Organisers 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 Organisers 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+MFHK exhibitions and / or to further ban any representatives of
the Exhibitor in question from entering the venue of the current TDC+MFHK Exhibition
in which the Exhibitor is participating.
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36.3 |
If a complainant/an Exhibitor ("complainant")
files a complaint with the Organisers in accordance with the Exhibitors' Brief and
requests the Organisers to take action against an Exhibitor, the complainant agrees
to hold the Organisers, 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 Organisers, 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 Organisers,
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.
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37.
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Stand assembling, installation
and decoration must be carried out within the time limits specified by the Organisers
and must in any case be completed by 6:00pm on the day immediately preceding the
commencement date of the Exhibition. The Organisers reserve the right to assemble,
install or decorate any Space or Stand which is not completed by that time at the
Exhibitor's expense.
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38.
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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 Organisers.
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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 Organisers.
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40.
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All audio-visual equipment must
generate a noise level which does not cause any annoyance or inconvenience to other
Exhibitors or visitors. The Organisers reserve 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.
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41.
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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 Organisers.
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42.
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Public auctions shall not be permitted
at the Exhibition Venue under any circumstances.
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43.
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Full particulars of all personnel,
agents or representatives of the Exhibitor must be submitted to the Organisers 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
Organisers ("authorised personnel") will be issued with badges for identification
and admission purposes. The Exhibitor hereby undertake to procure that its authorised
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 Organisers at the conclusion of the Exhibition upon demand by the Organisers;
(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 Organisers.
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Publicity |
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44.
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The Organisers 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.
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45.
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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 Organisers or any of the Exhibitors at the Exhibition acquired
by way of the Exhibitor's license to exhibit at the Exhibition.
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Move-in and Move-out of Stand
Materials/Publicity Material & Exhibits |
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46.
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Exhibitor shall move in to the
Exhibition Venue according to the arrangements and within the time limits specified
by the Organisers.
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47.
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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.
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48. |
No trolleys shall be allowed in
any carpeted areas of the Exhibition Venue.
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49.
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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 Organisers. 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 Organisers at the expense of
the Exhibitor concerned. All proceeds (if any) of such disposal shall be retained
by the Organisers and the Organisers shall not be obliged to account the proceeds
to the relevant Exhibitor.
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50.
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The Organisers reserve 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).
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Links to Exhibitor's Web Site |
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51.
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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 Organisers;
(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 Organisers'
Web site; and
(d) not be a database or contain any link to other Web sites.
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52.
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The Exhibitor agrees to and welcomes
the Organisers' establishment and provision of a hypertext link to the Exhibitor's
Web site on the Organisers' Web site for such duration as the Organisers in its
sole and absolute discretion deems fit. The Exhibitor agrees that the Organisers
shall not be liable for any loss or liability whatsoever arising from or in connection
with the Organisers' provision or removal of the hypertext link or any service interruptions
of the Organisers' Web site, whether caused by the Organisers or its employees or
not.
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53. |
The Exhibitor warrants to the Organisers
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, organisations,
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.
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Exhibitor's Undertakings
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54.
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The Exhibitor hereby undertakes
to the Organisers 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 Organisers
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 Organisers;
(c) inform the Organisers 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 Organisers,
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 Organisers, unfavourable to the
image of the Organisers or otherwise undesirable.
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55.
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The Organisers reserve the right
at any time to bar access to or delete the link between the Organisers' Web site
and the Exhibitors' Web site at the Organisers' sole and absolute discretion without
notice and without giving any reasons therefor.
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56.
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The Exhibitor irrevocably waives
all rights to bring any claim or action against the Organisers 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 Organisers' Web site.
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57.
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The Organisers shall not be responsible
for any illegal or unauthorised 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 Organisers' Web site.
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58.
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The Exhibitor undertakes to fully
indemnify and at all time to keep indemnified in full the Organisers 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 Organisers may suffer or incur by reason of or in relation to or otherwise associated
with its hypertext link to the Exhibitor's web site.
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Exclusion of Liability |
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59.
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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 Organisers shall not be regarded as the negligence of the Organisers or its
employees. Any approval granted by the Organisers pursuant to the Conditions shall
not constitute any form of endorsement of the subject matter of the approval by
the Organisers.
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60.
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The Organisers 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.
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61.
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The Exhibitor undertakes to fully
indemnify and at all times hereafter to keep indemnified in full the Organisers,
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.
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62.
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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.
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63.
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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.
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64.
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The Organisers 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 Organisers (including
but not limited to claims for damages) in connection with the Exhibition.
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65.
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The Exhibitor hereby agrees that
the maximum liability of the Organisers under these Conditions shall not exceed
the fee actually received by the Organisers from the Exhibitor.
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Waiver |
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66.
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The waiver by the Organisers 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.
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Termination of Right to Exhibit |
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67.
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The Organisers 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 Organisers 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 Organisers,
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 Organisers)
on the first exhibition day of the Exhibition, the Exhibitor shall be deemed to
have withdrawn from the Exhibition, and the Organisers 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 Organisers into disrepute;
or
(j) if the Exhibitor is in breach of any applicable local laws, rules or regulations;
or
(k) if the Organisers in its sole and absolute discretion decide that the Exhibitor's
right to exhibit shall be terminated.
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68.
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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 Organisers.
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69. |
The Organisers 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 Organisers for any of its loss or damages in connection with
any such termination.
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Postponement and Cancellation
of Exhibition |
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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.
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71. |
The Organisers reserve 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 Organisers (in its sole and absolute discretion) but
it shall not be liable for any further compensation to the Exhibitor.
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Disclaimer |
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72. |
The Organisers have 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 Organisers have 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 Organisers or its agents or representatives in
this connection.
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73. |
The Exhibitor acknowledges and
agrees that the Organisers shall not be responsible for any losses or damages that
the Exhibitor's business may suffer and that the Organisers have made no warranties
of any kind, express or implied for services to be provided hereunder. The Organisers
hereby disclaims any warranty or merchantability or fitness for any particular purpose.
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74. |
The Exhibitor further acknowledges
and agrees that the Organisers shall not be responsible for any system malfunctions
or failure of telecommunications or other electronic communications at the Exhibition
Venue which is beyond the Organisers' control.
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Additional Rules & Regulations |
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75.
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The Organisers reserve 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 Organisers shall be final and binding on the Exhibitor.
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76.
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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 Organisers on request.
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Conflict with Application Form |
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77. |
If the provisions of these Conditions
conflict with the application form, the provisions of these Conditions shall prevail.
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Governing Law
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78.
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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.
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