Exhibitor Terms of Participation
- The Fee paid payable is non-refundable, non-reduceable and non-adjustable.
- If an Exhibitor fails to pay the entire Fee or fails to comply with any of the terms and conditions or rules and regulations of the Virtual Event, then the Company may reassign /resell the Virtual Booth to any other party, without any liability to the Exhibitor.
- The Company shall use reasonable efforts to make the Virtual Booth available and allotted in accordance with the Exhibitor’s preference. However, the Company reserves the right to make final determination of all Virtual Booth allotments in its full discretion. The assigned Virtual Booth space is for use by the Exhibitor only which cannot not be assigned or “sublet” /shared in full or in part, whether for payment or on gratis basis, to any other business or firm or individual, unless the Company has given prior written approval.
- The Company will provide the specifications to the Exhibitors that must be complied with to participate in the Virtual Event including minimum internet speeds, camera, audio and access to specific online meeting platforms.
- Each Party represents and warrants that (a) it has the necessary authority and rights to sign this form and undertakes to fulfil the obligations stipulated herein (b) comply with the provisions of all relevant data protection laws, legislation and regulations from time to time in force in respect of privacy and personal data protection and (c) the products/ exhibits to be displayed and/or materials uploaded at the Virtual Event do not infringe or are not likely to infringe any patent, trademark, copyright and other intellectual property right of any party.
- The Exhibitor acknowledges and agrees:
(a) its participation at the Virtual Event as a “Principal” and not as agent or nominee of any third party
(b) that the Exhibitor will not undertake to create or introduce into the Virtual Event or any part thereof any known spyware, virus, Trojan horse, logic bomb or another destructive or contaminating program
(c) that the Company may at its discretion, if at any time deems a virtual exhibit, or an Exhibitor’s contents objectionable, the Company reserves the right to remove and/or cancel the Virtual Booth or any portion thereof at Exhibitor’s sole expense
(d) that the Exhibitor shall be responsible for creating any audio-visual content and for usage of any third party intellectual property as part of the audio-visual content including obtaining and paying the necessary license fee and royalties. The Exhibitor shall provide the said audio-visual content to the Company for the Virtual Event, which audio-visual content provided may be used by the Company for promotion of the Virtual Event across any media in perpetuity without the payment of any royalty or fees of any nature whatsoever
(e) that the Exhibitor grants an irrevocable right, non-exclusive, royalty free, worldwide perpetual license to use and display the Exhibitor’s brand name /trademark/logo in all materials related to the Virtual Event including but not limited to marketing, promotion, publicity materials and the official website and social media accounts for the current edition and as part of its archival content available on the website and social media accounts.
(f) that the following shall be applicable in relation to its Virtual Booth:
(i) The Exhibitor shall not initiate move-out or abandon its Virtual Booth prior to the official closing time
(ii) The Exhibitor personnel i.e. Attendants, models, and representatives of Exhibitor must be appropriately dressed in business or business causal attire and confine their activities to the Virtual Booth space only.
(iii) The Exhibitor nor its personnel shall photograph or record video of any another virtual exhibit or product of another Exhibitor unless such photography or videography is approved in writing by the other exhibitor or the Company
(iv) The Exhibitor shall not harass or antagonize another party or Visitor or Exhibitor. No area of the Virtual Event shall be used for any improper, immoral, illegal or objectionable purpose.
(vii) All music and entertainment must be in good taste and not include any lyrics that are inflammatory, sexually explicit, sexist, gang-related or violent or that promote activities of any type that defame or denigrate women, law enforcement or other established authorities. Dancing and modelling shall not include any lewd or sexually suggestive poses or actions. The Company shall be the final authority on the acceptability of music played by the Exhibitor and the activities of the Virtual Booth. Violators are subject to immediate closure of their Virtual Booth for the duration of the Virtual Event.
(viii) Any accident or incident involving or occurring in Exhibitor’s Virtual Booth, or as it relates to the Virtual Booth personnel are the express responsibility of the Exhibitor.
(ix) Neither the Company, nor any of its officers, employees, agents, contractors and affiliates of such entities, will be responsible for any injury, loss or damage that may occur to the Exhibitor or to the Exhibitor’s employees or property, prior, during or subsequent to the period covered by the Virtual Event. The Exhibitor expressly releases the foregoing persons and entities from, and agrees to indemnify the same against any and all claims for such loss, damage or injury arising from the negligent or wilful acts or omission of the Exhibitor and its employees, agents, contractors, and invitees. The Exhibitors are responsible for all liability insurance coverages.
(x) that the Company reserves the right to deny participation to anyone who engages in or is reputed to engage in unethical or non-compliant business practices.
(g) That the Company may reject, eject or prohibit the exhibit in whole or part, or the exhibitor or its representatives, with or without giving cause. If cause is not given, the maximum liability of the Company (if any) shall not exceed the prorated amount of the Fee paid by the Exhibitor based on the number of days of the Exhibition remaining at the time of ejection. If any Exhibitor or its representatives is ejected for violation of any provisions or for any other stated reason, no refund of any portion of the Fee shall be paid.
(h) The Company also reserves the right to prohibit display or advertisement of products at any time if display or advertisement of such products would not meet the Virtual Event’s objectives or violation of any provisions of law.
- Both Parties herein agree that during the Term, neither party hereto shall disclose to anyone any confidential information, except as may be required by a court of Law or Government agency. “Confidential Information” shall mean to include the terms of this Exhibitor Participation Form, and shall include proprietary and confidential information relating to the Virtual Event, but not limited to, any copyrights, technology plans, research and development plans, designs, models, financial projections, software, product/service specifications, marketing plans, disclosures and new concepts of any party hereto. Party’s Confidentiality obligations herein created shall subsist for three (3) year after the completion of the Virtual Event.
- The Company shall be entitled in it’s sole discretion, to postpone/reschedule the Virtual Event, to another date/s it deems fit and feasible, without any liability to the Exhibitor, in the event the Company is unable to organize the said Virtual Event on the dates originally scheduled, due to any reasons including but not limited to the occurrence of any Force Majeure Event. Upon postponement, (i) the Term shall automatically stand extended and (ii) if the Postponement is beyond 90 (ninety) days from the originally scheduled date, the Parties shall mutually hold good faith negotiations and agree upon future course of action.
- The Exhibitor acknowledges and agrees that the Virtual Event is delivered over the Internet, and accordingly, is subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Company shall not be responsible for any delays, delivery failures, viruses, hacker intrusions, malware or other damage resulting from such problems. The Company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness relating to the Virtual Event. The Company does not represent or warrant that: (a) the Virtual Event will be uninterrupted or error free;. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, or fitness for a particular purpose, are hereby disclaimed by the Company to the maximum extent permitted by law.
- Neither Party shall be liable for any delay or failure to perform its obligations hereunder, if such delay or failure is due to causes beyond its control, including, without limitation, any software glitch, malware or virus attack, fire, casualty, flood, epidemic, earthquake, explosion or accident, blockage, embargo, inclement weather, governmental restraints, restraints or orders of civil defense or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, acts of terrorism, or other similar activities, strike, lockout, boycott or other labor dispute or disturbance, inability to secure sufficient labor, technical or other personnel, absence of premises required for the conduct of the Virtual Event, failure, impairment or lack of adequate transportation facilities, restrictions or movement restrictions or lockdowns imposed due to Covid19, inability to obtain or requisition or commandeering of necessary supplies or equipment, change in local, state or other law, ordinance, rule, order, decree or regulation, whether legislative, executive or judicial, and whether constitutional, or act of God and the words “act(s) of” shall include “threat of or perceived threat of, (hereinafter referred to as “Force Majeure Event”)
- Each Party shall defend, indemnify and hold the other Party harmless from and against all costs, claims, demands, proceedings, liability, losses and expenses (including reasonable legal fees) whatsoever made against or incurred as a result of, related to or arising in connection any acts or defaults in connection with the Virtual Event..
- If any provision of these terms are found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be deemed not to be a part of these terms and this shall not affect the enforceability of the remainder of these terms nor shall it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
- To the fullest extent permitted by the applicable law, the Company excludes: (a) all liability for loss, injury or damage to persons or property at the Virtual Event; (b) all indemnities, warranties, representations, terms and conditions (whether express or implied); and (c) any actual or alleged direct, indirect, special, incidental or consequential loss or damage howsoever arising or suffered by the Exhibitor, or any loss of profits, anticipated profits, savings, loss of business revenue, loss of business, loss of opportunity, loss of goodwill, or any other type of economic loss (whether direct or indirect). If the Company is liable to the Exhibitor for any reason, then the Company’s total liability under these terms or otherwise in relation to the Virtual Event is limited to the amount of the Fee received by the Company from the Exhibitor.
- All notices/communication shall be in writing (email permitted) sent on the official email id as set out above.
- All dispute shall be subject to jurisdiction of courts of Mumbai. Laws of India shall be applicable.
- The terms mentioned herein constitutes the entire agreement and understanding between the Parties as to its subject matter and supersedes any previous understanding, written or oral.