Terms and Conditions
These terms and conditions form an important part of your Event participation with Beacon Events, or associated companies within the Beacon group, and should be read in conjunction with your registration confirmation. It is your responsibility to comply with all statutory rules and regulations.
These terms and conditions (the “Terms”), apply to all Participants at Events (in each case as defined below). Your registration and attendance at an Event indicates your agreement to these Terms.
Specific Terms related to Event Sponsors and Exhibitors
1. Registration and Confirmation of Participation
2. Participation and Registration for Events
3. Attendance Requirements
4. Participant Obligations
6. Intellectual Property Rights
7. Technical Support for Online Events
8. Access to Online Events
9. Ancillary Events
10. Changes to Event
12. Data Processing
13. Force Majeure
14. Limitation of liability
15. Anti-Bribery & Corruption
16. Trade Sanctions
19. Entire Agreement
20. Governing Law and Dispute Resolution
In these Terms the following capitalised words and expressions have the meanings set out against them below:
Beacon/we/us/our/organizer: Beacon Events Limited or any other of Beacon Group companies including but not limited to Beacon Events Management Pty Ltd (Australia), Mines and Money Events Ltd, and Beacon Events Management Ltd (UK).
Agreement: these Terms and Conditions and the Booking Form
Ancillary Event: any excursion or event, including, for example, a field trip, networking event, tour of production facilities, site visit, boat trip, aircraft ride, or any other excursion which is arranged by Beacon for Participants at an Event.
Ancillary Terms: any supplementary terms and conditions which may be applicable to an Ancillary Event.
Anti-Bribery Legislation: the US Foreign Corrupt Practices Act 1977, UK Bribery Act 2010 and any other applicable anti-bribery legislation.
Business Day: a day, not including a Saturday or Sunday, when ordinary banks are open for their full range of normal business in Hong Kong.
Booking or Registration Form: the booking form to which these Terms are referred to and/or incorporated into by reference setting out the details of the Package or such other document setting out the details of the Package as Organizer may choose in its sole discretion to accept;
Client: means the person, firm, company or entity set out in the Booking Form
Content: materials, data, information and products provided by Beacon or its event partners at, relating to or forming part of the Event.
Data Protection Laws: any applicable laws and regulations relating to the processing, privacy and use of personal data including, without limitation, GDPR, national laws implementing the GDPR, regulations and secondary legislation, as amended from time to time; laws or regulations implementing Council Directive 2002/58/EC, and; any judicial or administrative interpretation of any of the above, and any guidance, guidelines, codes of practice, approved codes of conduct or approved certification mechanisms issued by any national authority.
Event: an event operated by or on behalf of Beacon including a conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training, Ancillary Events and Online Events.
Event Confirmation: our written (including digital) confirmation of your registration for a place at that Event.
Event Dates: the dates on which the Event is scheduled to take place.
Event Marks: trademarks and service marks owned by or licensed to Beacon relating to the Event.
Event Sponsor: a person or company which has entered into a sponsorship agreement with Beacon or its partners in relation to an Event.
Event Venue: the venue at which a physical Event is held.
Exhibitor: the exhibition element of the Package as set out in the Booking Form
Exhibitor Delegate: a Participant who attends an Event on behalf of or using an invite provided by a Client using a delegate pass (including digital) issued to the Event as part of the agreed exhibitor package, and any reference in these Terms to Participant shall include Exhibitor Delegates unless expressly stated otherwise.
Fee: the fee payable by a Participant (or Sponsor on behalf of a Participant) in order to attend an Event.
Force Majeure: has the meaning given in clause 13.
GDPR: Regulation 2016/679 of the European Parliament and of the Council of April, 27 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC.
Group Company: any of our subsidiaries or holding companies or subsidiaries of such holding companies, “subsidiary” and “holding company”
Intellectual Property Rights: patents, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights.
Losses: actions, damages, claims, liabilities, costs, losses and expenses (including, without limitation, reasonable legal fees).
Online Event: an online, virtual or non-physical conference, exhibition, convention, congress, summit, seminar, webinar, meeting, workshop, award dinner, public training, private or bespoke training or other event.
Online Event Platform: any website, platform, forum or other online environment used by Beacon for the purposes of hosting an Online Event.
Online Event Platform Terms: any additional terms and conditions applicable to registration to and/or attendance at an Event on an Online Event Platform.
Package: the Space and/or Sponsorship package in relation to the Event as set out in the Booking Form
Participant/You/Your: an individual who attends an Event in any capacity other than as a representative of Beacon or of the Event Venue or Online Event Platform. This includes but is not limited to Speakers, Sponsors, Exhibitors, Delegates and Visitors.
Reportable Breach: a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, personal data transmitted, stored or otherwise processed;
Registration Details: the personal data provided by Participants when they register to attend an Event.
Software: the online software applications made available for access or download from our or our supplier’s or event partner’s websites in relation to any Event or Content.
Space: the exhibition space allocated to the Client (together with the ancillary services provided to the Client in connection with such exhibition space) as set out in the Booking Form;
Sponsor: the sponsorship element of the Package as set out in the Application Form; and
Sponsor Delegate: a Participant who attends an Event on behalf of or using an invite provided by a Client using a delegate pass (including digital) issued to the Event Sponsor as part of the agreed sponsorship package, and any reference in these Terms to Participant shall include Sponsor Delegates unless expressly stated otherwise.
1 Registration and Confirmation of Participation
1.1 Your registration (whether submitted directly by you or on your behalf) constitutes an offer by you to Beacon to attend the Event in accordance with these Terms and conditions. All registrations are subject to acceptance by Beacon. If your registration is received in advance of the Event, it will either: (a) be confirmed in writing (including, without limitation, by email), or (b) if written confirmation is not sent within fourteen (14) days of us receiving your registration, be deemed to be confirmed unless we notify you otherwise. If your registration is received only at the Event itself, it will be confirmed by the act of Beacon permitting you entrance to the Event. Beacon reserves the right to refuse to accept any registration.
2 Participation and Registration for Events
2.1 Validly registering for an Event shall entitle you to admittance to that Event as a Participant, subject to these Terms. Any optional extras may incur an additional cost to the basic registration fee.
2.2 The Registration Details of each Participant must be registered (whether in their personal capacity, or as a representative of a company or other legal entity) with us not less than two Business Days before the start of the Event. We reserve the right to exclude from any Event any individual whose name does not appear on our register of Participants.
2.3 If you register for an Event as a representative of a company or other organisation you confirm that you have authority to agree to these Terms on behalf of the company or other organisation. You shall also ensure Participant(s) from the company or other organisation attending the Event are made aware of and shall be bound by these Terms.
2.4 When registering for an Event, you must provide us with accurate and complete Registration Details. It is your responsibility to inform us of any changes to that information (including, without limitation, your email address) by updating your details on the relevant section of the applicable website or contacting us using the contact information provided to you in any Event Confirmation.
2.5 It is your responsibility to inform us of any special access requirements or dietary requirements at the time of registration, and in any event no later than 5 working days in advance of the Event. Any dietary requests made less than 5 Business Days before an Event may not be available.
2.6 All registrations for Events are subject to availability and to acceptance by Beacon at its absolute discretion.
2.7 Where an Event requires an Event pass to enable entry, you may be required to provide evidence of your identity for your pass to be issued to you. Participants must keep their event pass on them at all times during their attendance at the Event and Beacon reserves the right to refuse entry to Participants who fail to produce a pass when requested.
2.8 If your Event pass is lost, misplaced, stolen or forgotten a replacement Event pass will only be issued to you at the sole discretion of Beacon and may be subject to purchase at the prevailing on-site Participant rate.
2.9 By attending the Event you acknowledge that photographs and filming may take place at the Event. Beacon reserves the right to use Event Participant images and videos recorded at the Event with your photograph and/or likeness in future marketing materials, including social media channels, websites, and print material, without obtaining any further approval from you or making any payment to you. If you do not wish your photograph to be taken at an Event, then please notify the photographer during the Event and we will use reasonable endeavors to comply with your request.
2.10 Participants must be over the age of 18 unless prior permission is granted by us.
2.11 Participants may not sell, transfer, or share their Event passes. Registered Participants may be substituted by other individuals at no extra cost by notice in writing to Beacon at any time, subject to compliance with these Terms, including (without limitation) the need for any substitute individuals to provide Registration Details at least 2 business days in advance of attending the Event and subject to screening.
2.12 All Event passes are the property of Beacon and must be returned to Beacon upon request. Attendees found wearing falsified Event passes and/or sharing or swapping Event passes shall be required to leave the Event.
3.1 Each Participant shall:
- observe the rules, policies and procedures of the Event venue including in relation to health and safety and any reasonable instructions issued by Beacon and/or the management of the Event Venue;
- behave in a respectful, professional and appropriate way that does not breach the laws or regulations of their home country or of the host country or that risks bringing the Event or Beacon into disrepute;
- ensure they have adequate insurance for their own requirements, including personal accident and travel insurance, prior to attending any Event; and
- ensure they have all necessary travel documentation, including but not limited to visas and other entry permits into the country where the Event is held, and that they comply with all health formalities and any applicable laws.
3.2 You agree that your travel to and attendance at an Event is at your own risk and not the responsibility of Beacon, save as set out in clause 14. Beacon is not obliged to provide any advice or assistance relating to the obtaining of visas. Failure by any Participant to obtain a visa to attend an Event shall not entitle him or her to a refund of any Fees.
3.3 Other than Sponsors and their Participants, Participants are only permitted to conduct business within a designated exhibit space at the Event Venue. Participants observed conducting business in public spaces or in other companies’ exhibition spaces may be ejected from the Event.
4.1 Beacon reserves the right to refuse entry by any Participant to an Event or to remove any Participant from an Event or block them from an Online Event Platform without any liability if, in its sole discretion, it determines that such Participant’s presence or conduct could cause:
- Beacon, its affiliates, the Event Venue owner, the Online Event Platform or the Participant to fail to comply with applicable law, including in circumstances where the transactions or payments contemplated under these Terms are in breach of, or otherwise targeted by Sanctions or other laws;
- Beacon to breach any term, warranty, condition or other provision of any contract or undertaking to which Beacon and/or any of its affiliates is or becomes a party; or
- disruption at the Event, threaten the safety (including online) of other attendees or hinder the enjoyment of the Event by other attendees, without prejudice to any other rights or remedies available to Beacon.
4.2 Beacon reserves the right to recover from you any loss or damage incurred or suffered by us, the Event Venue, the Online Event Platform or any other Participants as a result of your conduct at the Event or failure to comply with these Terms. In such circumstances, a Participant shall not be entitled to a refund of any Fees.
5.1 Payment in full of any applicable Fees for the Event is due upon registration. If such payment is insufficient or declined for any reason, Beacon may refuse entry to the Event.
5.2 Fees for Online Events or any Event with an online element are quoted inclusive of any applicable value added tax (VAT), Goods and Services Tax (GST) or similar sales tax. Fees for physical Events are quoted exclusive of any applicable value added tax (VAT), Goods and Services Tax (GST) or similar sales tax. If VAT, GST or other sales tax is chargeable, Participants shall be required to pay to Beacon such additional amounts in respect of such tax as are chargeable in relation to the Fee.
5.3 Fee schedule rates are valid at the time of completion of registration provided that they are paid in full before the applicable expiration date as indicated on your Event Confirmation or Booking and Registration Form. If the Fee for a completed registration is not paid in full before the expire date, you will be charged a Fee calculated in accordance with the prevailing Fee schedule at the date of payment.
5.4 All Fees shall be paid in full without any set-off, counterclaim, deduction or withholding (other than as may be required by law).
6 Intellectual Property Rights
6.1 All Intellectual Property Rights in and to Events and in the Content relating to Events are the property of Beacon or its third-party content providers. We may provide a licence to third parties, including Event Sponsors, to use the Content at our sole discretion.
6.2 Participants may use the Content solely for their own personal use and benefit and not for resale, distribution or other commercial purposes.
6.3 The Event Marks may not be used without Beacon’s prior written permission.
6.4 Any request for permission to republish, reprint or use for any other purpose any of the Content or Event Marks should be sent by email to the Event contact as described in your Event Confirmation.
6.5 The Software belongs to Beacon or its suppliers. Your use of the Software is governed by the terms of any licence agreement that may accompany or be included with the Software and you must not install or use any Software unless you agree to the terms of such licence agreement.
7 Technical Support for Online Events
7.1 You are responsible for procuring the necessary equipment and the payment of any charges necessary to access and/or use any Events or Content (where applicable). Beacon is not responsible for the reliability or continued availability or speed or quality of the telephone or internet lines and/or equipment that you use to access and/or use any Event or Content.
7.2 In relation to any Events which require on-line internet access, such as webinars, forums, online or virtual Events, it is your responsibility to ensure that your systems are compatible with our technology or the technology of our Online Event Platform prior to registering for such an Event.
7.3 Beacon is not liable or responsible for any technical issues which may arise as a result of your failure to ensure compatibility of our technology with your systems. Similarly, we are not liable or responsible for any delay, disruption or disturbance in the operation of the internet or problems caused by your internet service provider or for any telecommunications failures which are beyond our control. Access to on-line Content may not be available as a result of downtime for repairs, maintenance and/or repairs to Beacon’s websites, Online Event Platforms and systems.
8.1 Participants who register for Online Events, or Events which otherwise grant access to online Content shall be given user names and passwords, as appropriate for the relevant Event. Attendance at an Online Event may be subject to additional Online Event Platform Terms. By attending an Online Event you are deemed to accept any such additional Online Event Platform Terms.
8.2 Except to the extent that a user name and password is expressly intended for more than one person as confirmed by us in writing, Participants are not permitted:
- to share user name and password details with any other person(s) (including for the avoidance of doubt, any other colleague, employee, partner, director, agent or representative of the Participant or your company); or
- to make their user names and passwords available to multiple users on a network.
8.3 Participants are responsible for all access to any Event, Online Event Platform and/or use of any Content by them or anyone else using their user names and passwords and for preventing unauthorised use of any such user names and passwords. If you believe there has been any breach of security (such as the disclosure, theft or unauthorised use of any user name, password or any payment information), you must notify us immediately by emailing the support contact in your Event Confirmation.
8.4 An Online Event may include discussion groups, virtual meeting rooms and other forums (“Interactive Areas”) enabling interaction between Participants and Sponsors. We do not control and are not responsible for information and/or materials posted to Interactive Areas by Participants or Sponsors (“User-Generated Content”) and cannot guarantee the veracity or accuracy of any such User-Generated Content. All use of the Interactive Areas is at your risk and you should not rely on User-Generated Content in any way.
8.5 You hereby grant Beacon a non-exclusive, perpetual, royalty-free licence to use, reproduce, modify and/or sub-license all or any part of the User-Generated Content posted by you or any of your representatives. Beacon may, without notice to you or any third party, delete, move or edit any such User-Generated Content or part of it. To the extent permitted under applicable law, you hereby waive all moral rights or rights of a similar nature in any jurisdiction in any User-Generated Content.
8.6 You are responsible for the content of the User-Generated Content which you contribute and must comply with the restrictions set out below when publishing it. We are under no obligation to monitor User Generated Content.
8.7 You may not, within the Interactive Areas post, publish, link to, upload, download, send, distribute, use or re-use any information or material which: (a) is obtained in breach of confidence or which contains confidential information or infringes any intellectual property rights or rights of privacy or other rights of any third party; (b) is offensive, threatening, abusive, indecent, defamatory, obscene; (c) is unlawful; (d) constitutes unsolicited advertising or promotional material of any type; (e) constitutes or contains a virus or other harmful component or malware; or (e) which is or could be taken to be the provision of advice (including, without limitation, investment advice).
8.8 You may not use any Interactive Area: (a) for any unlawful purpose; (b) to impersonate any person, company, group or entity or misrepresent a relationship to or with any of the same; or (c) to collect, store, disclose or otherwise process any personal data in relation to your use of any Interactive Area without the express consent of the relevant individual.
8.9 You agree to reimburse us for any losses, damages, costs and expenses which we may incur as a result of your publication of User-Generated Content.
9.1 Beacon may offer Participants the opportunity to attend an Ancillary Event, in which case specific Ancillary Terms may apply. Such Ancillary Terms shall be contained in the materials provided to you when you register to attend an Ancillary Event and shall apply in addition to these Terms.
9.2 If there is any inconsistency between these Terms and any applicable Ancillary Terms, the Ancillary Terms shall take precedence in relation to the Ancillary Events.
10.1 Although Beacon’s Event programmes are correct at the time of publication, we may exchange the format, Content, venue, location, speakers, hosts, moderators and/or timing of an Event, including a change from a physical Event to an Online Event. Beacon shall use its reasonable endeavours to notify all Participants of any such changes prior to an Event.
11.1 Should a delegate be unable to attend an Event, a substitute delegate is always welcome in your place, provided they agree to comply with these Event Terms. Alternatively, we can provide a credit note for delegate at any Beacon event in the following 6 months provided that we receive your transfer notice 30 Business Days prior to the Event. We cannot accept verbal transfer notice or any alterations to your participation. Credit note can be applied once.
11.2 Notifications of substitutions should be sent in writing to the Beacon contact designated in the Event Confirmation as soon as possible (and in any event at least 30 Business Days before the Event). Registration details for any substitute must be received by Beacon at least seven Business Days before the Event.
11.3 We may in exceptional circumstances need to cancel or postpone an Event, in which case we shall notify you as soon as reasonably practicable. In the event of cancellation, subject to clause 13, we shall issue Participants with a full refund of relevant Fees paid by you less 20% handling fee. In the event of postponement, we shall offer you the option to re-register for the rescheduled Event or, subject to clause 13, issue you a credit note for your attendance at any Beacon event. Our liability to you as a result of any cancellation or postponement of an Event shall be limited to the amount of Fees which you have paid to us for that Event only and we shall not be liable for any additional Losses incurred by you as a result of such cancellation or postponement.
12.1 In this clause 12 the terms “personal data”, and “processing” shall have the meanings ascribed to them under the Data Protection Laws.
12.2 Beacon shall:
- comply with all applicable requirements of the Data Protection Laws; and
- process any personal data which it obtains or holds in relation to a Participant under or in relation to these Terms only for the purposes of carrying out its obligations under these Terms.
12.3 We shall use your personal data for the purpose of providing services in relation to Events, including, but not limited to Event registration, communications, Event access, dining, administration (including before, after and during the Event), invoicing and payment, delegate lists, post-Event feedback, quality checks, Participant verification (including for sanctions and trade control purposes), research and polling.
12.4 In order to fulfil our obligations to you in relation to the Event, we may share relevant personal data with presenters, Event venue management, the Online Event Platform, trainers, organisers, print houses, finance partners, connected communities, faculties, committees, Event service providers and external delivery partners.
12.5 Registration Details of Participants will be added to our official Event networking tools, which enables Participants to contact each other and to view the list of Participants at an Event. If you do not want your Registration Details to be included in the relevant networking tool, please email the event contact listed in the Event Confirmation at least two Business Days before the start of the Event.
13.1 In this clause, “Force Majeure” means circumstances which are beyond our reasonable control and which are reasonably likely to affect the successful delivery of the Event or would make it inadvisable, impracticable, illegal, or impossible for us to host the Event or perform our obligations under these Terms, including circumstances, which directly affect the Participants in their home countries resulting in a material percentage of the Participants being reasonably likely to be prevented from attending the Event.
13.2 If, as a result of Force Majeure, Beacon needs to adjust the Event, Beacon shall use its reasonable endeavours to either (a) reschedule the Event; or (b) switch the Event from a physical Event to an Online Event; (c) combine with another Beacon physical Event or Online Event, provided in each case to take place within eighteen months of the original Event Dates.
13.3 If Beacon is unable to reschedule the Event in accordance with clause 13.2, it shall refund the Participant Fees less a 20% administrative charge as soon as reasonably practicable and in any event within 120 days from the date of notice of cancellation.
13.4 Without prejudice to Beacon’s obligation to refund any Fees to Participants, Beacon accepts no liability and shall pay no compensation where the performance of its obligations is made impracticable, illegal or impossible by or as a result of Force Majeure.
14.1 Nothing in these Terms shall limit or exclude our liability for:
- death or personal injury;
- fraud or fraudulent misrepresentation; or
- any other liability which cannot be limited or excluded by applicable law.
14.2 You agree that your access to any Event and your use of any of the Content is at your sole risk and responsibility and acknowledge that all Content is provided “as is” and “as available”. The Content is made available for your general information and any advice, opinion, statement or other information forming part of the Content is not intended for trading or to address your particular requirements. The Content does not constitute any form of advice, recommendation or arrangement by us (including, without limitation, investment advice or an offer or solicitation to buy or sell any security, financial product or other investment) and is not intended to be relied upon by users in making (or refraining from making) any specific investment or other decisions. Appropriate independent advice should be obtained before making any such decision.
14.3 Subject to clause 14.1, we shall not be liable, whether based on a claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of or in relation to these Terms, for any indirect or consequential losses.
14.4 Subject to clause 14.1, Beacon’s total liability to you, whether based on an action or claim in contract, tort (including negligence), breach of statutory duty or otherwise arising out of, or in relation to these Terms shall not exceed the total amount of the Fees paid or payable under these Terms.
15.1 You undertake that you shall comply with any applicable Anti-Bribery Legislation.
15.2 You undertake that you will not, directly or indirectly pay, offer, give or promise to pay or authorise the payment of any monies or other items of value to:
- an official or employee of a government department, agency or instrumentality, state-owned or controlled enterprise or public international organisation;
- any other person at the suggestion, request or direction or for the benefit of any of the above-described persons, if any such payment, offer, act or authorisation is for purposes of influencing official actions or decisions or securing any improper advantage in order to obtain or retain business, or engaging in acts or transactions otherwise in violation of the Anti-Bribery Legislation.
15.3 You undertake that neither you nor, so far as you are aware, any agents or other persons acting on your behalf has directly or indirectly:
- violated or is in violation of any applicable Anti-Bribery Legislation;
- made, offered to make, promised to make or authorized the payment or giving of, directly or indirectly, any bribe, rebate, payoff, influence payment, kickback or other payment or gift of money or anything of value (including meals or entertainment) to any officer, employee or ceremonial office holder of any government or instrumentality thereof, any political party or supra-national organization (such as the United Nations), any political candidate, any royal family member or any other person who is connected or associated personally with any of the foregoing that is prohibited under any applicable law or regulation or otherwise for the purpose of influencing any act or decision of such payee in their official capacity, inducing such payee to do or omit to do any act in violation of their lawful duty, securing any improper advantage or inducing such payee to use their influence with a government or instrumentality thereof to affect or influence any act or decision of such government or instrumentality (“Prohibited Payments”); or
- been subject to any investigation by any governmental entity with regard to any actual or alleged Prohibited Payment.
16.1 Neither you, nor, so far as you are aware, any agents or other persons acting on your behalf:
- is listed on the “Specially Designated Nationals and Blocked Persons” list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury (“OFAC”) or any similar list maintained by the United Nations, the European Union, or any other relevant governmental entity;
- directly or indirectly, has conducted, conducts or is otherwise involved with any business with or involving any government (or any sub-division thereof), or any person, entity or project, targeted by, or located in any country that is the subject of, any of the sanctions administered by OFAC or any equivalent sanctions or measures imposed by the United Nations, the European Union or any other relevant governmental entity (collectively “Sanctions”);
- directly or indirectly supports or facilitates, or plans to support or facilitate or otherwise become involved with, any such person, government, entity or project; or
- is or ever has been in violation of or subject to an investigation relating to Sanctions.
16.2 Each Participant shall ensure they are legally entitled to attend the Event and by attending each Participant warrants that they are not the subject of any Sanctions or trade controls or other restrictions that mean they should not attend.
17.1 We may, without your consent, assign, sub-contract or transfer any and all of our rights and obligations under these Terms to any Group Company or any entity which acquires a substantial part of the assets of our business.
17.2 Without prejudice to clause 17.1, we may sub-contract delivery of an Event to any Group Company which operates the business relating to the relevant information, publication or data product forming part of that Event.
17.3 You may not assign, sub-license or otherwise transfer any of your rights under these Terms without our prior written consent.
18.1 We may make amendments to these Terms from time to time. Any such amendments shall be posted on the Event website. Amendments will be effective immediately on the amended Terms being posted on the Event website and you will be deemed to have accepted them if you attend the Event. If you do not wish to accept them, you must cancel your attendance in accordance with clause 11 of these Terms.
20 Governing Law and Dispute Resolution
20.1 These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrate Region, and the Hong Kong courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
Specific Terms related to Event Sponsors and Exhibitors
These terms and conditions form an important part of your Event participation with Beacon and should be read in conjunction with your Booking Form and/or Event Confirmation. It is your responsibility to comply with all statutory rules and regulations.
These terms below, which are specific to Event Sponsors and Event Exhibitors, are in addition to the Participant Terms to which Client agrees to make each of its Sponsor and Exhibitor Delegates abide by, and Client shall procure that their Personnel and any representative comply with these additional Terms.
Please refer to Definitions as outlined in the Participants Terms which shall apply her as well.
- Use of the Website and Event Platform
- Client must not:
- resell, sub-license, rent, lease, transfer or attempt to assign any rights in the Website to any other person;
- use the Website in any manner other than in compliance with law and these Terms Conditions;
- infringe Organizer’s intellectual property rights or those of any third party in relation to its use of the Website;
- knowingly transmit, send or upload any data to the Website that contains viruses and any other malware or corrupting elements of any kind; and/or
- use the Website in any way that could damage, disable, overburden, impair or compromise Organizer’s systems and/or security and/or interfere with other users’ use of the Website.
- Organizer cannot guarantee that the Website shall operate continuously, securely or without interruption and Organizer does not accept any liability for its temporary unavailability or for any viruses or other harmful components. Client must not attempt to interfere with, manipulate, damage or disrupt the proper working of the Website (for example, by attempting to circumvent security or tamper with, hack into or otherwise disrupt any computer system, server, website, router or any other Internet connected device). Organizer reserves the right at any time to: (i) make changes or corrections and to alter, suspend or discontinue any aspect of the Website, (ii) vary the technical specification of the Website, and/or (iii) temporarily suspend Client’s access to the Website for the purposes of maintenance, upgrade or addressing any security concerns.
- Organizer does not guarantee or warrant that any content available for downloading from the Website will be free from infections, viruses and/or other code that has contaminating or destructive properties. Client is responsible for implementing sufficient procedures and virus checks to satisfy its particular requirements for the accuracy of data input and output.
- Data protection
- Without prejudice to the generality of Condition 1 i, Client acknowledges and agrees that if it receives any list containing personal data from Organizer as part of the Package (a Data List), it shall: (i) keep the Data List confidential and not disclose it to any third party, (ii) only use the Data List for such purpose(s) as has been agreed with Organizer in writing, (iii) securely delete or put beyond use the Data List by such time as has been agreed with Organizer in writing or such time as is required by Data Protection Law, whichever is earlier, and (iv) provide Organizer with reasonable details of any enquiry, complaint, notice or other communication it receives from any supervisory authority relating to Client’s use of the Data List, and act reasonably in co-operating with Organizer in respect of Client’s response to the same. Client acknowledges and agrees that Organizer shall only be obliged to provide Client with all or part of any Data List to the extent that it is legally permitted to do so and Organizer shall not be liable to Client if the volume of personal data provided to Client is less than anticipated as a result of Organizer’s compliance with Data Protection Law.
- Specific terms relating to Space
- Organizer shall be responsible for the development and set-up of the Event, the Website and the Event Platform. Organizer reserves the right at any time to make such alterations to the Exhibition, the Website and/or the Platform as Organizer in its absolute opinion considers to be in the best interests of the Exhibition.
- Client undertakes to: (i) be solely responsible for the set-up of the Space (including, without limitation, branding and dressing) and any technical requirements necessary to enable Client and its Personnel to access the Website, and (ii) participate in the Exhibition via the Platform for the duration of the Exhibition.
- Client shall not permit the display of any Materials and/or other exhibits that do not exclusively relate to Client’s own commercial activities. Organizer reserves the right, without liability and at Client’s risk and expense, to remove any Materials and/or other exhibits which Organizer considers in its reasonable opinion: (i) contravene any law and/or any applicable industry regulations/standards, (ii) constitute counterfeit goods and/or infringe the Intellectual Property Rights of any third party, (iii) are likely to cause offence, and/or (iv) do not otherwise comply with these Conditions.
- Client may not share the Space with any third party without the prior written consent of Organizer (and any such consent shall be conditional on the Space sharer agreeing to comply with any terms, conditions and restrictions as may be prescribed by Organizer). If and to the extent that Client is permitted to share the Space, Client shall procure that any Space sharer and any Space sharer’s Personnel comply with these Terms, provided that Client shall remain responsible for the Space in its entirety and shall be liable for any act or omission of any Space sharer and any Space sharer’s Personnel (including, without limitation, any breach of the terms of this Contract by the same). Notwithstanding any approved Space sharing arrangement, Client shall itself remain fully and wholly liable for the full amount of the Fees.
- If Client and/or any of its Personnel is in breach of this Contract, Organizer reserves the right without liability to suspend Client’s and any of its Personnel access to the Website.
- Specific terms relating to Sponsor and Sponsorship
- Client shall: (i) provide Organizer with all Materials within any deadlines specified by Organizer, and (ii) comply with Organizer’s specifications and technical requirements in relation to all Materials. If Client does not, Organizer reserves the right to refuse to print or otherwise use any or all of the Materials (but all Fees in respect of the Sponsorship shall remain due and payable in full).
- Although Organizer shall take reasonable care in the production of any deliverable incorporating the Materials, it shall not be liable for any errors, omissions or misquotations that may occur. Without limitation to the foregoing, Organizer cannot guarantee any exact color matches in its incorporation of Materials and any colors used in Materials are for graphic and textual guidance only. All Materials are subject to the approval of Organizer (however, notwithstanding any such approval, Client shall have sole responsibility and liability in respect of such Materials). Organizer reserves the right to reject any Materials at any time after receipt. Organizer shall use its reasonable efforts to provide the Sponsorship in the size, position and manner as specified in the Booking Form, but shall not be liable where reasonable modifications are made.
- Client hereby grants to Organizer a royalty-free, non-exclusive, worldwide license to use the Materials and Client’s details in connection with the creation of any materials relating to the Exhibition. Client acknowledges and agrees that, in view of the time and cost required in preparing such materials, in circumstances where this Contract is terminated Organizer may at its discretion continue to use the Materials and Client’s details after termination of this Contract where the time and cost required to remove the same from any materials relating to the Exhibition cannot reasonably be justified by Organizer.
- If Client and/or any of its Personnel is in breach of this Contract, Organizer reserves the right without liability to: (i) suspend or discontinue the use of any Materials, and/or (ii) refuse and/or withdraw the provision of any element of the Sponsorship.
- Limitation of rights granted
- Client’s rights in relation to the Event and the Package are strictly limited to those set out in the Booking Form. Client shall be permitted to advertise on its own website the fact of its attendance and participation in the Exhibition, including, without limitation, by providing a web link to the Exhibition’s website, provided that Organizer may request at any time and for any reason that Client removes any such advertising and Client shall be required to comply with any such request promptly. Client is not permitted to: (i) establish a website specifically relating to the Exhibition, and/or (ii) otherwise promote or advertise its association with the Exhibition and/or Organizer, except as expressly stated herein or with the prior written consent of Organizer. Nothing in this Contract shall be construed as granting to Client any right, permission or license to use or exploit the Intellectual Property Rights of any member of the Beacon Group.
- Changes to the Event
- Notwithstanding any other provision of this Agreement, Organizer reserves the right without liability at any time and for any reason to make reasonable changes to the format, including a change from a physical Event to an Online Event, content, opening hours, duration, dates and other timings of the Event. If any such changes are made, these Terms shall continue to be binding on both parties, provided that the Package shall be amended as Organizer considers necessary to take account of the changes.
- Cancellation and changing the date(s) of the Event by Organizer
- Organizer reserves the right to cancel or change the date(s) of the Event at any time and for any reason (including, without limitation, if a Force Majeure Event occurs which Organizer considers makes it illegal, impossible, inadvisable or impracticable for the Exhibition to be held).
- In the event that the date(s) of the Event are changed to new date(s) that are within eighteen (18) months of the originally scheduled Opening Date of the Event, or where the Event is cancelled but is reasonably expected by Organizer to be held at any time in the next Calendar Year or eighteen (18) months whichever is later, the Agreement shall continue in full force and effect and the obligations of the parties shall be deemed to apply to the Event on the new dates or when it is next staged (as applicable) in the same way that they would have applied to the originally scheduled Event. For the avoidance of doubt, nothing in this Condition 7 ii shall excuse Client from the payment of the Fees in accordance with the payment terms stated in the Booking Form.
- Where the Exhibition is cancelled and is not reasonably expected by Organizer to be held in the future, the terms of this Condition 7 iii shall apply:
- if the Exhibition is cancelled other than as a result of a Force Majeure Event (in which case the provisions of Condition 7 iii b apply), this Contract shall terminate without liability provided that, at Client’s election, any portion of the Fees already paid less 20% administrative charge shall be refunded or a credit note for the full amount of the Fees already paid shall be issued and Client shall be released from paying any further portion of the Fees;
- if the Exhibition is cancelled as a result of a Force Majeure Event, this Contract shall terminate without liability provided that: (i) Organizer shall be entitled to retain an amount equal to 50% of the total Fees (the Revised Fees) from any portion of the Fees already paid or, where no Fees have been paid or where the portion of the Fees already paid is less than the Revised Fees, Organizer shall be entitled to submit an invoice in respect of the balance (or the whole as the case may be) of the Revised Fees, which shall become immediately due and payable, and (ii) after the deduction of the Revised Fees, at Client’s election, any portion of the Fees already paid shall be either refunded or a credit note issued for the amount of Fees already paid and Client shall be released from paying any further portion of the Fees.
- Client acknowledges and agrees that the provisions of this Condition 7 set out Client’s sole remedy in the event of cancellation or the changing of the date(s) of the Event and all other liability of Organizer is hereby expressly excluded.
- Cancellation by Client
- The application for the Package is irrevocable by Client and, except as expressly stated in the Booking Form, Client has no rights to cancel this Contract. Except as expressly set out in this Agreement Conditions and/or in the Booking Form, no refunds shall be given and the Fees shall remain due and payable in full.
- To the extent that the Booking Form expressly permits cancellation by Client, Client may cancel the Package on written notice to Organizer, except where Organizer has the right to terminate this Contract under Condition 9 i. Upon any such cancellation by Client, Client shall pay Organizer such cancellation fees as are stated in the Booking Form. For the purpose of determining any such cancellation fees, the relevant dates shall be fixed by reference to the originally scheduled Opening Date of the Event and not any newly scheduled Opening Date of the Event that has been changed pursuant to Condition 7 ii.
- Organizer may terminate this Agreement without liability immediately at any time by written notice to Client if Client: (i) has committed a material breach of any of its obligations under this Contract or any other agreement between any member of Beacon and Client and either such breach is irremediable or Client has not remedied such breach (if the same is capable of remedy) within fourteen (14) days of receiving written notice of the breach (or such lesser period as would be required for the breach to be remedied in sufficient time prior to the Opening Date of the Event or any element of the Package being provided on a scheduled date), (ii) goes into liquidation, is declared insolvent, has an administrator appointed (or an application is made for the same), ceases to carry on business or suffers any analogous event in any jurisdiction, or (iii) is convicted of any criminal offence or otherwise so conducts itself as to bring itself, the Exhibition and/or Organizer into disrepute. Without prejudice to any other right or remedy it may have, in the event that Organizer terminates this Contract pursuant to this Condition 9 i, Organizer shall not be required to refund any Fees received from Client and Organizer shall be entitled to submit an invoice in respect of the balance (or the whole as the case may be) of the Fees which shall become immediately due and payable.
- Organizer may terminate this Contract without liability immediately at any time by written notice to Client if Organizer: (i) determines in its absolute discretion that the provision of the Package to Client is not in the best interests of the Event and/or not in Organizer’s legitimate commercial interests, (ii) is required by any law or instructed by any financial institution to cease trading with certain individuals/entities and/or in certain geographical locations, and/or (iii) decides to cancel the Event and does not wish for this Contract to continue in full force and effect pursuant to Condition 7 ii. In the event that Organizer terminates this Contract pursuant to this Condition 9 ii, any portion of the Fees already paid less 20% administrative charge shall be refunded (where legally permissible) and Client shall be released from paying any further portion of the Fees. Client acknowledges and agrees that the refund of Fees paid is Client’s sole remedy in the event of termination by Organizer under this Condition 9 ii and all other liability of Organizer is hereby expressly excluded.
- Upon any termination of this Agreement, without prejudice to any other right or remedy it may have, Organizer reserves the right without liability to suspend Client’s access to the Website and cover over any Materials. Organizer shall be free to re-sell any aspects of the Package as it shall deem fit.
- Termination of this Contract shall not affect any rights, remedies, obligations or liabilities of either party that have accrued up to the date of termination.
- Conditions 2 ii, 4 iii, 5, 7, 8, 9, 10, 11 and 12 shall survive termination of this Contract.
- Liability and indemnity
- Organizer does not make any warranty as to the Event and/or Package in general, including, without limitation, in relation to: (i) the presence, absence or location of any exhibitor, sponsor or attendee of the Event, (ii) the number of exhibitors, sponsors or attendees participating in the Event, and/or (iii) the benefit or outcome (commercial or otherwise) that Client may achieve as a result of participating in the Event and/or purchasing any element of the Package. Except as set out in these Conditions, to the fullest extent permitted by law, Organizer excludes all terms, conditions, warranties, representations and undertakings relating to the Event and the Package that are not expressly stated herein.
- Organizer does not endorse or accept any responsibility for the use of, or content on, any other website linked or referenced within the Website and neither Organizer nor any member of the Beacon Group shall be liable to Client for any loss, damage, cost, claim or expense suffered or incurred by Client arising out of or in connection with the use of, or reliance on, any content, products and/or services available on or through any other website.
- Subject to Condition 10 vi: (i) Client expressly assumes all risks associated with, resulting from or arising in connection with Client’s participation in and/or presence at the Event, (ii) neither Organizer nor any member of Beacon shall be liable to Client for any (a) indirect, consequential, special, incidental or punitive loss or damage, loss of actual or anticipated profits or income, loss of business, loss of opportunity, loss of goodwill, loss or corruption of data or any other type of economic loss or damage, or (b) loss (or theft) of or damage to the person, property and effects of Client and/or any of its Personnel and/or any third party, whether (a) or (b) is caused by negligence, intentional act, accident, act of God or otherwise, and (iii) Organizer’s (and any member of Beacon) maximum aggregate liability to Client under this Contract or otherwise in connection with the Event and/or the Package, howsoever arising, shall be limited to the total amount of the Fees paid by Client.
- Client shall indemnify Organizer against any loss, damage, cost, claim or expense suffered or incurred by Organizer or any member of the Beacon Group arising out of or in connection with: (i) any loss of or damage to any property or injury to or death of any person caused by any act or omission of Client and/or any of its Personnel, (ii) any third party claim that either the display of any Materials and/or other exhibits (including, without limitation, counterfeit goods) by Client on the Platform and/or the receipt or use of the Materials in connection with the Package constitutes an infringement of the Intellectual Property Rights of any third party, (iii) any breach by Client of any law, (iv) where Client receives any Data List as part of the Package, any failure of Client to comply with Condition 6 ii, and (v) where Client shares the Space with any third party pursuant to Condition 7 iv, any act or omission of any such Space sharer and such Space sharer’s Personnel.
- Without prejudice to Condition 7 iii, Organizer shall not be in breach of this Contract nor liable for delay in performing, or failure to perform, any of its obligations under this Contract if such delay or failure results from a Force Majeure Event and/or from any delay, failure or error on the part of Client in providing cooperation, performance and/or approvals, consents, information and/or materials as contemplated by this Contract. For the avoidance of doubt, nothing in this Condition 10 v shall excuse Client from the payment of the Fees under this Contract.
- Nothing in these Conditions shall exclude or limit any liability which cannot be excluded or limited by law.
- Client acknowledges and agrees that, in light of the Fees, the provisions of this Condition 14 are no more than is reasonable to protect Organizer as the organizer of the Event and the provider of the Package.
- In the event any provision or part of this Booking Form is found to be invalid or unenforceable, only that particular provision or part so found, and not the entire Agreement, will be inoperative.
- Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, and the Commonwealth of Australia courts shall have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms.
- Any dispute, controversy, difference or claim arising out of or relating to this contract, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules in force when the Notice of Arbitration is submitted.
- The laws of this arbitration clause shall be Commonwealth of Australia law and the seat of arbitration shall be Commonwealth of Australia. The number of arbitrators shall be one and the arbitration proceedings shall be conducted in English.
- Entire Agreement