Suite 5-01, Level 5, Sunway VISIO Tower
Lingkaran SV, Sunway Velocity,
55100 Kuala Lumpur
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TERMS & CONDITIONS
In these Terms and Conditions the following definitions shall apply :-
The Exhibitor shall, and shall procure that its Representatives shall observe and comply with the Rules and Regulations, copies of which are obtainable from the Organisers on request.
The Exhibitor shall, and shall procure that its Representatives shall, observe and comply with the Exhibitor’s Manual.
documentation signed by a certified accountant or the company secretary (where the Exhibitor is a registered limited liability company) to prove that only the name of the Exhibitor has changed; or
other documentation to show that the new company name belongs to a wholly-owned subsidiary of the Exhibitor.
the stand space is adequately staffed by the Exhibitor’s authorised personnel and/or representatives;
the Exhibits are all operational and/or displayed (as the case may be); and
Exhibitor is ready and able to conduct business.
The Exhibitor agrees to indemnify and hold harmless the Organisers, on demand, against all claims, liabilities, losses, suits, proceedings, damages, judgments, expenses, costs (including legal fees) and charges of any kind howsoever incurred by or on behalf of or made against the Organisers arising out of breach of the obligations of the Exhibitor not to record Images, or any infringement of third party IPR by the Exhibitor.
The Exhibitor acknowledges and agrees that the Organiser, its employees and contractors may take photographs/videos which could include images of the Exhibitor, its Representatives and its exhibits while attending the Exhibition. The Exhibitor hereby consents to and grants to the Organiser and its affiliates, the unrestricted, perpetual, worldwide, royalty-free and transferable right and license to use (and grant others the right to use) the images worldwide without any compensation. The Exhibitor acknowledges that the Organiser is the sole and exclusive owner of all rights in the images and hereby waives :
any and all rights in and to such images, and
any and all claims the Exhibitor and its Representatives may have relating to or arising from the images or their use.
USE OF BRANDING :
IDENTITY OF EXHIBITORS
not incorporated in, owned or controlled (whether directly or indirectly) by a party incorporated in, or otherwise ordinarily a resident of one of the following embargoed territories: Cuba, Iran, North Korea, Sudan and Syria, and
not designated on, or otherwise owned or controlled by a party designated on, any of the lists of sanctioned parties administered by the United States, European Union, United Kingdom and/or the United Nations.
In addition to the Organisers’ rights under clause 4, the Organisers may, without reason being necessary and without incurring any liability whatsoever to the Exhibitor other than as provided in clause 12, cancel the Exhibition, or at their election, postpone indefinitely, or otherwise make changes to the Exhibition, if in the sole opinion of the Organisers :
the holding of the Exhibition by the Organisers, the performance by the Organisers’ of their obligations or attendance at the Exhibition by exhibitors and/or visitors, is impossible, illegal or substantially or materially interfered with or affected, due to any cause or causes beyond the control of the Organisers including, without limitation, any of the following: act of God, government act, war, fire, flood, explosion, civil commotion, armed hostilities, act of terrorism, revolution, blockade, embargo, strike, lock-out, sit-in, industrial or trade dispute, adverse weather, disease, risk to public health, accident to or breakdown of plant or machinery, shortage of any material, labour, transport, electricity or other supply, regulatory intervention, general advisory or recommendation of any government (including any government agency or department), regulatory authority or international agency, against travel, exhibitions and/or public gatherings, or the Exhibition Centre becomes unavailable and/or unfit for occupancy and/or use;
any other circumstance, occurrence or cause arises that makes it in the opinion of the Organisers impossible, impractical, or undesirable for the Organisers to hold the Exhibition as initially planned.
This Contract may be terminated by the Organisers by notice to the Exhibitor upon the occurrence of any of the following events :-
the Exhibition is cancelled under clause 10;
the Organisers are not satisfied that proper use is being made of the Exhibition Space during the installation period or at any time during the term of the Exhibition or at any other time when the Exhibitor or any of its Representatives or exhibits is in the Exhibition Centre in connection with the Exhibition;
payment of Fees is not made by the Exhibitor in accordance with Clause 6;
the Exhibitor fails to arrange insurance cover in accordance with Clause 9;
the Exhibitor is, for any reason, unable to utilise the Exhibition Space allocated to it;
the Exhibitor becomes insolvent or, in any jurisdiction, enters into or takes or is subject to any form of winding up, administration, receivership, liquidation, bankruptcy, arrangement with creditors generally or any other insolvency procedure in respect of it or any of its assets, or suffers the enforcement of security or legal process or repossession;
the Exhibitor is convicted of any criminal offence or otherwise so conducts itself as to bring itself, the Exhibition or the Organiser into disrepute;
the Exhibitor is in breach of any provision of this Contract, including without limitation its obligations in clauses 5 and 7 in relation to Infringing Goods, Prohibited Goods and recording of Images, or of the Exhibitor’s Manual;
the Exhibitor is in breach of any applicable local legislation, rules or regulations, or any export and/or financial control and/or sanction under any applicable legislation, rules or regulation that affects the Exhibitor or any Representatives (including, for the avoidance of doubt, any stand sharers approved in writing by the Organisers and their Representatives).
Upon termination of this Contract for whatever reason, any allocation of the Exhibition Space shall automatically be cancelled forthwith.
If this Contract is terminated under any of subclauses 11(2) to 11(9) above the Organisers shall be entitled forthwith to re-license the Exhibition Space, all payments made in respect of the Exhibition Space shall be forfeited and the Organisers shall have the right to claim for the balance of the Fees and for any loss or damage suffered or additional expenses incurred by or on behalf of the Organisers as a consequence thereof.
Upon termination of this Contract for whatever reason, all of the Exhibitor’s property shall be removed by the Exhibitor from the Exhibition Space immediately, failing which such property shall be removed and the Exhibition Space cleared by the Organisers at the Exhibitor’s expense. The Organisers reserve the right to exercise a general lien over any property of the Exhibitor in the Exhibition Centre in respect of all monies, of whatsoever nature, including in respect of claims for damages, which may at any time be due or payable by the Exhibitor to the Organisers in connection with the Exhibition.
Obligations of the Exhibitor which are unperformed at termination of the Contract shall continue in force after termination.
(PLEASE REVIEW THIS CLAUSE 12 CAREFULLY)
any theft, fire
use of the Security Room Service,
defect in the Exhibition Centre howsoever caused,
cancellation or early closure of, or delay in the opening or closing of, the Exhibition for whatever reason outside the control of the Organiser,
any matter referred to in paragraph 3 & 4 of these Terms and Conditions,
any types of taxes accrued or imposed by government (including any government agency or department) or regulatory authority to the Exhibitors or their Representatives
any natural calamity or any act of God, howsoever arising. The Exhibitor shall be liable to any third party for, inter alia, any claims, injury or damage arising from any such event and/ or from its booths and its portion of the shell scheme. The Exhibitor and/or their Representatives shall have no financial or other claim against the Organisers
any error or omission in any information relating to it, its equipment, products or services in any promotional material, information or thing provided to the Organisers or any other person by the Exhibitor,
any error or omission relating to it, its equipment, products or services in the Exhibition’s Official Directory or in any promotional material, information or thing produced or commissioned by the Organisers or that Exhibitor,
products displayed or sold by any exhibitor at the Exhibition,
the Organisers carrying out any of their obligations under this Contract or the Exhibitors’ Manual, or
any loss or damage or any indirect or consequential loss caused by or arising from any of the equipment and computer systems (inclusive of hardware and software) of and services provided by the Organisers, by any supplier to the Organisers or by the Exhibition Centre Operator failing or being defective.
the Contract shall continue to bind the parties;
the Exhibitor shall not be entitled to any refund of any payments made in respect of the Exhibition Space, and shall remain liable to pay the balance of the Fees, if any; and
the Exhibitor shall have no claim whatsoever for compensation for loss or damage suffered or additional expenses incurred as a result of any postponement, change of venue or other change to (including any alteration in character or reduction in scale of) the Exhibition.
to implement computer, physical and procedural safeguards to reasonably protect the security and confidentiality of the personal data the Organisers collect
to limit the personal data collected to the minimum required to provide better service;
to permit only properly trained, authorized employees to access personal data;
not to disclose the personal data to external parties unless the Exhibitor has agreed, the Organisers are required by law or any lawful request of any enforcement agencies or the Organisers have previously informed the Exhibitor.
(1) Information collection
(2) Use of information
processing applications for exhibiting at or visiting their trade fairs
facilitating and enhancing their operations by incorporating the personal data into their database and conducting analysis, research and auditing based on the personal data
promoting and notifying the Exhibitor of their trade fairs in Malaysia and around the world, and events or trade fairs organised by their affiliates and joint venture partners.
distributing publications and research materials of their company
marketing their services or products
if necessary, facilitating legal proceedings, including collecting overdue amounts
(3) Disclosure / Transfer of Data
their agents, advisers, auditors, contractors, and service providers in connection with their operations or services for facilitating and enhancing their operations and conducting analysis, research and auditing based on the personal data
their overseas offices, affiliates, joint venture partners, which are also exhibition organisers, for the purposes of conducting direct marketing in relation to the promotion of and invitation to their trade fairs in Malaysia and around the world
persons to whom the Organisers are required to make disclosure under applicable laws in or outside Malaysia
(4) Cookies [applicable to online user]
(6) Hyperlinks [applicable to online user]
(8) Transfer of Data Overseas
(9) Consent and rights of the Exhibitor
to check whether the Organisers hold personal data about the Exhibitor and to access such data
to require the Organisers to correct inaccurate data
to ascertain policies and practices of the Organisers in relation to personal data and the kind of personal data held by them.
A-8-1, Level 8, Hampshire Place Office
1, Jalan Mayang Sari
50450 Kuala Lumpur,
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