GENERAL CONDITIONS OF PARTICIPATION
1. NAME OF THE EXHIBITION AND AGREEMENT
PetBridge powered by Zoomark is the international exhibition dedicated to pet care products and equipment, (hereinafter referred to as the "Exhibition"), which takes place on the days indicated on the online participation form (hereinafter referred to as “form” or “participation form”). The participation form, together with these "General Conditions” along with the “Exhibition Technical Regulations” provided by the Organisers and “Privacy Policy” available here. shall compulsory be accepted when filling in and submitting the online participation form and shall constitute a binding agreement, (hereinafter referred to as the "Agreement"), for the participation in the Exhibition of the participant, (hereinafter referred to as the "Participant"), and shall entail the automatic acceptance by the Participant of the General Conditions (as well as the "Exhibition’s Technical Regulations”, the “Privacy Policy” and any other rules relating to the organization and operation of the Exhibition and the NESCO (Bombay Exhibition Centre) (hereinafter referred to as “exhibition centre or the NESCO) as provide by the Organisers. The Agreement for participation in the Exhibition is deemed to be finalised when the Organisers receive from the Participant the participation form and these General Conditions duly completed, accepted and digitally submitted.
In the case of a Participant organised in the form of a country pavilion, the Participant shall ensure that the members of its country pavilion comply with these General Conditions, the Exhibition’s Technical Regulations and any other rules relating to the organization and operation of the Exhibition and the NESCO and all the local rules and regulations governing the exhibitors and their members and the objects/things exhibited; the Participant shall also provide the Organizers with the list of members of its country pavilion in time for the organization of the Exhibition.
This Agreement (including the Participation Form and Technical Regulations) constitutes the entire agreement between the Organisers and the Participant. No oral modification is valid; any amendment shall be made by written instrument signed by the Organisers. In the event of translation, the English version prevails.
2. ORGANISERS
The Exhibition is organised by1. BolognaFiere India Pvt. Ltd., a company organized and existing under the laws of India, having its registered office at Off. No. 14, Soham Complex, D.P. Road, Aundh, Pune, 411007, (hereinafter referred to as “BFI”). BFI is hereby represented by its legal representative Mr. Luca Acerbi, in his capacity of director, duly empowered for the purposes hereof; - party of first part and 2. INSPIRA BRIDGE EVENTS PRIVATE LIMITED with registered office at B-63, Rustomjee Riviera, Marve road, Malad West, Mumbai 400064, India, (hereinafter referred to as “IBE”). IBE is here by represented by its legal representative Mr. Vicky Menezes, in his capacity of Director, duly empowered for the purposes hereof; party of second part (both the party/ies shall be collectively referred to as the "Organisers").
3. VENUE, DATE AND TIME OF THE EXHIBITION, ACCESS TO THE NESCO
The Exhibition shall take place at the NESCO, on the opening days for the professional operators indicated in the participation form that forms part of the Agreement.
The Exhibition will take place from 10 a.m. to 6 p.m. Exhibitors will be allowed access to the exhibiting spaces from 8.00 a.m. on all the days on which the Exhibition is open to the public of professional operators. The Organisers reserve the indisputable right to change the date and times of the Exhibition. The Organisers reserve the right to change, increase, or decrease Exhibition’s hours, days or location. Notwithstanding anything to the contrary to the present Agreement, the exhibitors acknowledge and agree that if Organisers elect to change, increase, decrease Exhibition’s hours, days or location, exhibitors shall not be entitled to any right or claim to return of any portion of any Exhibtion’s fee or deposits paid or payable by the exhibitors to the Organisers.
Only exhibitors, and the staff instructed by them, who hold the required entry document may enter the Exhibition.
To allow exhibitors and their staff free entry to the Exhibition, the Organisers will provide exhibitors with special passes in the number specified in Article 19. The Organisers reserve the right to take necessary legal action against those who use these passes for the purpose of reselling/assigning /transferring them, directly or indirectly, and/or for illicit "touting" or any activity that is not in conformity with the terms and conditions herein.
The Participant is always and, in all respects, liable for the behaviour of those to whom it supplies entry passes, as well as for the behaviour of its employees, assistants and collaborators, in the performance of the duties assigned to them.
Inside the fairground where the Exhibition is held, it is strictly forbidden for anyone to promote offerings or oblations for acknowledged institutions or for competing exhibitions, to collect alms, to engage in political, religious, or partisan propaganda or exhibit/display any symbols/insignia/flag and to carry out any activities that are not related to the aims of the Exhibition.
The Participant and its members and Appointees (as referred to in Article10), as the case may be, shall ensure the due compliance of all the rules and regulations applicable to them and the permitted activities of the Exhibition. Similarly, they shall follow all the security and safety regulations and protocol applicable to them at the perimeter and inside the Exhibition Centre. Organizers shall have the right, but not the obligation to audit such due compliance. Whereas, the non-audit of the same by the Organizers shall not be considered to be acceptance / acquiescence / waiver Participant’s obligation to adhere to the same. Any deviation noticed or reported shall entitle the Organizers to cancel the participation / deny the entry
4. ADMISSION TO THE EXHIBITION, NON-COMPLIANCE OF THE DISPLAYED PRODUCTS AND BRINGING ANIMALS
The following may be admitted as exhibitors to the Exhibition
- Indian or foreign companies exhibiting their products or services that fall within the product sectors related to the Exhibition. If the manufacturing companies are not participating in the Exhibition, their dealers, agents or exclusive general representatives may be admitted;
- Trade Associations, Public Bodies and Institutions that institutionally carry out promotion, study, information, and divulgation activities in the sectors involved in the Exhibition.
Participation in the Exhibition by any subjects who are in any way indebted (and /or deviated / breached any rules and regulations) towards the Organisers and/or BolognaFiere Cosmoprof S.p.A and/or third parties that are part of the BolognaFiere Group participating in the organisation of the Exhibition shall not be permitted.
The Organisers reserve the right to prohibit the presentation within the Exhibition, of certain services, products, or samples, and to prohibit the presentation of the same products, samples, or services in more than one stand within the same product sector. The Organisers reserve the right to verify any time at its own discretion due compliance of the requirements and general conditions to be followed in the Exhibition by the Participant and, in case of failure to meet the said requirements and general conditions, the Organisers are entitled to withdraw from the Agreement, with or without prior notification, nor shall such withdrawal shall require any approval or concurrence of the Participant. If the circumstance so warrants, strictly as per the discretion of the Organisers, they may return to the Participant any sums paid after deducting an amount to indemnify themselves against any losses/damages/destruction, etc due to such non-compliance or short compliance of requirements and general conditions. For the purpose of this verification, the Participant is required to provide all and any documentation and/or additional documents that may be requested by the Organisers.
Dealers, agents, or exclusive and general representatives willing to take part in the Exhibition as exhibitors are required to enclose the list and details of the companies they represent and whose products they intend to exhibit with the participation form. Operators wishing to take part in the Exhibition are required to provide the Organisers with any other/additional documentation that may be requested from them for verification, to decide on their admission to the Exhibition and to ascertain at any time compliance with the general conditions for participation in the Exhibition.
The Participant warrants that all products displayed comply with applicable Indian laws including but not limited to intellectual property, labelling, and any restrictions under wildlife or import and export control legislation. Organisers may remove, seal, or restrict display of any non-compliant or disputed product without liability. The Participant shall not exhibit nor attempt to exhibit at the Exhibition any products which infringe any third party’s Intellectual Property Rights or any products which are prohibited or restricted by local laws or regulations where the Exhibition takes place. If, on the days of set-up or on the days of opening to visitors of the Exhibition, the Organisers discover that the products displayed by the Participant do not comply with the product categories of the Exhibition or do not comply with the sector for which assigned exhibition space is located, the Organisers shall have the discretionary and unquestionable right to request the Participant to remove the aforementioned products or to move such products to the exhibiting space of another sector in the Exhibition. In the event of the Participant's refusal to remove the aforementioned products and/or refusal to move to the exhibiting space of another sector, the Organisers shall have the right to directly remove the aforementioned products, charging any costs incurred to the Participant, or to terminate this Agreement with immediate effect, without prejudice to the Organisers’ rights including but not limited to claims for compensation, and/or recovery of damages, losses, or destruction suffered. The Participant shall keep indemnified the Organisers against all claims, liabilities losses, suits, proceedings, damages, judgments, expenses, costs including legal fees and charges of any kinds howsoever incurred by or on behalf of or made against the Organisers arising out of exhibition by the Participant of any infringing products or prohibited products, and/or acts by a third party as a consequence of such exhibition.
Without prejudice to the provisions of the previous paragraphs of this Article, no live animals may be on display within the Exhibition. Any exceptions shall be requested from the Organisers, specifying in writing the number and species, and then authorised by them. Exception granted and authorization that may be given by the Organizers shall be on the specific undertaking given by the Participant that the requisite registration certificate for exhibition of such live animal/s has been obtained in accordance with Section 23 of Prevention of Cruelty against Animals Act 1960 and that the Participant is also in compliance with other provisions as applicable under the act and with all other rules and regulations governing the said display / presence / exhibition of the live animal. The Organisers shall have a right but not an obligation to inspect such documents. Whereas, the non-audit of the same by the Organizers shall not be considered to be acceptance / acquiescence / waiver Participant’s obligation to adhere to the same. In case of authorisation by the Organisers to display live animals during the Exhibition, the Participant shall constantly supervise the animals introduced and shall be solely liable for any and all damage to third parties and/or to third parties' property and/or to the movable and immovable property of the Organisers. The Participant undertakes to hold the Organisers fully harmless and indemnified from any direct or indirect damage caused by the animals introduced by the Participant into the Exhibition centre including but not limited to third parties and/or to third parties' property and/or to the movable and immovable property of the Organisers
5. PARTICIPATION FORM AND DOWN PAYMENT OF THE EXHIBITING FEE
The participation form shall be completed in its entirety and digitally submitted to the Organisers, together with these General Conditions of participation duly accepted. Following receipt of the General Conditions of participation and the participation form duly completed, the Organisers will issue to the Participant an invoice payable at sight for the payment of the deposit, equal to 30% of the participation fee due. The participation fee for the Exhibition is indicated in the participation form and includes only the services referred to in Article 11 of these General Conditions. The participation form for the Exhibition shall not contain any derogations or conditions of any kind. In the event of omitted payment or late payment of the deposit due, the Organisers reserve the right to terminate this Agreement pursuant to and for the purposes of Indian Contract Act, 1872. The Organisers will issue a further invoice to the Participant for the amount equal to 50% of the participation fee due, to be paid within July, 31st, 2026. The Organisers will issue the last invoice for the outstanding amounts due to be paid within October, 15th, 2026. . Late/omitted payments shall entitle the Organiser to avail themselves of the remedies set out in Articles 5, 6 and 17. All fees are exclusive of and subject to Indian GST at the applicable rate (currently 18%), which shall be added to the invoices where applicable.
6. LATE OR OMITTED PAYMENTS
In case of omission or delay of payment of the fees due according to previous Article 5, the Organisers shall have the right to terminate the Agreement and shall have the right to forfeit the full payment of exhibiting fee as penalty, as well as any other contractual amount due, deducting any payments already received in respect of the Exhibition, without prejudice to the Organisers’ right to claim additional remedies, including recovery of losses, expenses, or other consequential costs incurred. In the event of termination of the Agreement by the Organisers for omission or delay of payment of the balance, the Organisers shall formally notify the Participant, thereby discharging itself from any and all assumed obligations, and the exhibiting space shall be irrevocably reassigned to third parties without any further recourse or liability to the Participant
Without prejudice to the above, in the event of non-payment, in whole or in part, of the participation fee within the terms set out herein, the Organisers reserve the right to (i) prevent the Participant from setting up the exhibiting space during the days before the start of the Exhibition, including clearing the occupied area, blocking the electrical connections and banning from the NESCO, (ii) the right to prohibit access to the reserved area of the Exhibition's website and (iii) the right to exclude the Participant from subsequent editions of the Exhibition and/or from the other various events organized by the Organisers.
7. ASSIGNMENT, RELOCATION AND REARRANGEMENT OF THE EXHIBITING SPACE
The assignment of the exhibiting space is the exclusive and autonomous responsibility of the Organisers. Any indications or special requests made by the Participant are purely indicative and do not bind nor affect the Organisers and shall therefore be regarded as not having been made unless approval thereof is granted in writing. Furthermore, the Organisers reserve the right to move, relocate, reduce and re-shape the exhibiting space already assigned, to transfer it to another exhibiting space without any right for the Participant to any compensation or indemnity whatsoever. Participant shall not be entitled to any right or claim to the return of any portion of any Exhibition fees or deposits paid or payable by the Participant to the Organisers. Any modification of the exhibiting space shall be promptly notified to the Participant.
No guarantee is provided regarding exhibiting space position, visibility, adjacency, footfall, structural elements or access routes. If unauthorised co-exhibitors or represented brands are identified, the Organisers may charge a fixed administrative fee of INR 9.999 per day and/or remove the unauthorised materials or persons from the exhibiting space.
The Participant is not authorised to sublet or assign, in whole or in part, either free of charge or for a fee, the assigned exhibiting space, unless expressly authorised to do so in writing by the Organisers. In the event of any infringement/deviation/non or short compliance, the Organisers shall have the right to terminate the Agreement, summarily or with or without notice, as the circumstance may warrant, at the reasonable discretion of the Organizers, forfeiting the exhibiting fee paid by the Participant as a penalty, or to have the goods unlawfully introduced and exhibited removed, at the Participant's risk and expense.
8. RIGHT OF WITHDRAWAL BY THE PARTICIPANT AND THE ORGANISERS
The Participant is entitled to withdraw from the Agreement by notifying the Organisers in writing by registered letter with notice of receipt at least 90 days before the start date of the Exhibition, without prejudice to the Organisers’ right to retain/request 50% of the exhibiting fee by way of withdrawal fee, without prejudice to the Organisers’ right to compensate for any greater damage. Should the notice of withdrawal be given less than 90 days before the start date of the Exhibition, the Organisers shall be entitled to forfeit/demand by way of withdrawal fee the entire exhibiting fee, without prejudice to the Organisers’ right to compensation for any greater direct and indirect damage. In case of withdrawal by the Participant, the Organisers shall be entitled to make use of the exhibiting space also by assigning it to other exhibitors.
In the event that the Participant is not present at the Exhibition Centre on the opening days of the Exhibition, the Organisers shall be entitled to the payment, in addition to the full exhibiting fee, a penalty of INR 5,13,970/- (Five Lakhs Thirteen thousand Nine hundred and Seventy only) and shall have the right to exclude the Participant from future editions of the Exhibition and/or from any other exhibitions organised by the Organisers, without prejudice to the latter's right to compensation for any greater damage.
The Organisers reserve the right to withdraw from the Agreement up to two weeks before the opening date of the Exhibition, for reasons relating to the organisation of the Exhibition and its regular performance up to the opening day of the Exhibition. In these cases, the Organisers shall not be obliged to pay any indemnity nor compensation nor any incidental expenditures or whatsoever but shall refund the Participant the exhibiting fee paid.
9 - FORCE MAJEURE
The occurrence of an event or circumstance ("Force Majeure Event") preventing the implementation of one or more contractual obligations is considered force majeure, if and to the extent that it is proven:
(a) that the impediment is beyond reasonable control; and
(b) that the impediment could not reasonably have been foreseen at the time of the entering into of the Agreement; and
(c) that the effects of the impediment could not have been reasonably avoided or overcome.
The conditions set out in (a) and (b) are deemed to be fulfilled, unless proven otherwise, in the presence of the following events: war (whether declared or not), invasions, acts of foreign enemies, extensive military mobilisation on national or international territory; civil war, riots, rebellions and/or revolutions, insurrections, acts of terrorism, sabotage or piracy; embargoes; the need to comply with any law or governmental order, expropriation, requisition, nationalisation; plagues, epidemics, pandemics, natural disasters or extreme natural events in general; explosions, fires, destruction of equipment, prolonged interruption of transportation, telecommunications, information system or energy; boycotts, strikes and blockades, occupation of premises.
In case of the occurrence of any Force Majeure Event, the Organisers shall promptly notify the Participant in writing thereof and shall be released from its obligation to perform its obligations under the Agreement and from any liability for damages and/or breach of contract for as long as the Force Majeure Event is in effect.
10. DELIVERY OF THE EXHIBITING SPACE
The exhibiting space will be made available to the Participant within the deadline specified in the Technical Exhibition Regulations. The setting up of the exhibiting space shall be made and completed with walls and flooring at least 36 hours before the first day of opening to visitors of the Exhibition. In the event of delay or failure to set up the exhibiting space, the Agreement may be terminated with immediate effect by the Organisers and the Organizers shall be entitled to the payment of a penalty of INR 5,13,970/- (Five Lakhs Thirteen thousand Nine hundred and Seventy only), in addition to the entire participation fee due, and shall have the right to exclude the Participant from the future editions of the Exhibition and/or from the other various events organized by the Organisers, without prejudice to the latter's right to compensation for greater damages. Furthermore, in case of failure to set up (with walls and flooring) the exhibiting space assigned within the aforementioned deadline, the Organisers, alternatively to the termination of the Agreement, shall have the right to directly provide for the set-up, charging the related cost incurred to the Participant, without prejudice to the Organisers’ right to compensation for any suffered damage and/or cost incurred. To be able to access the Exhibition centre during the set-up and dismantling phases, the Participant shall duly follow the instructions provided by the Organisers from time to time. The Organisers may define, also for the purposes of work safety regulations, special criteria for accessing the Exhibition centre during set-up as well as restrict vehicle access and/or impose penalty/charges in an event where vehicles are not parked in the assigned/dedicated parking slot and/or are parked over and extra the time as defined/allowed by the Organisers. In particular, if the vehicles and means in general are left in the Exhibition Centre for more than two hours, the Participant, whose password has been used to accredit the vehicle or means may be charged the INR 51,397/- (Fifty-One thousand Three hundred and Ninety-Seven only).
11. SERVICES INCLUDED IN THE EXHIBITING FEE
The exhibiting fee is specified in the participation form.
The rates per square metre apply to the entire area of the occupied stands, with continuity of perimeter of the same company, and refer to the space only, without partition walls and furniture. The exhibiting fee includes, in addition to the raw exhibiting space or pre-fitted booth (shell scheme), the following:
- passes for exhibitors and their employees and VIP guests in the quantity indicated by the Organisers;
- general surveillance of the halls forming part of the Exhibition centre and general fire prevention;
- for shell scheme only, connection, testing and engagement of power of 1 kW;
- daily standard cleaning of the common areas of the Exhibition;
- for shell scheme only, daily standard cleaning of the booth;
- inclusion in the Exhibition’s Official Directory.
- for shell scheme only: walls and company fascia board, carpet, spotlights, 1 reception desk, 2 chairs, 1 power socket, and prints on all walls.
12. FITTINGS
The fittings shall be contained within the surface area of the exhibiting space, as detailed in the Exhibition Technical Regulations and their height shall not exceed the height permitted by the aforementioned Regulations. The characteristics of the stand’s fittings are set out in detail in the Technical Regulations, which are deemed to be fully referred to and accepted by the Participant. For the setting up of any stand it is mandatory to send to the Organisers, for approval, the construction project at least 2 weeks before the opening to visitors of the Exhibition. The Organisers reserve, in any case, the right not to allow the assembly of the fittings that have not been previously approved in writing by the Organisers.
The fittings and related systems shall be built in a workmanlike manner, in compliance with accident prevention and fire prevention regulations. The Participant undertakes to comply with the regulations and laws relating to public entertainment venues and to comply with all the requirements and formalities set out in the Technical Regulations of the Exhibition.
Failure to submit to Organisers the declarations and documentation provided for in the Technical Regulations of the Event regarding liability in the fields of fittings and electrical systems shall give Organisers the right to close the exhibiting space and take the most appropriate measures to ensure safety conditions, without prejudice to any and all civil and criminal liability of the Participant.
All liability regarding the static of the fittings, the execution and operation of the systems, the conformity of the fitting materials and the compliance to fire regulations and all liability for any damage to persons or property belonging to the Organisers or to third parties shall be the sole liability of the Participant.
Failure to comply with the safety regulations could lead to a report to the judicial authorities.
Pre-fitted booth (shell scheme)
The Participant may request the Organisers to set up, on payment, of the booth or the structure specified in the participation form within the NESCO, hereinafter the "Pre-fitted Booth".
The contractor identified by the Organisers in the interest of the Participant will share with the Participant the rendering of the Pre-fitted Booth, which will then be created and subsequently dismantled at the end of the Exhibition by the said contractor.
The delivery of the Pre-fitted Booth to the Participant shall take place within the day preceding the opening of the Exhibition to visitors.
The Participant is solely responsible for the safekeeping and correct use of the structures, furnishings and materials of the Pre-fitted Booth. The Participant is therefore solely liable for the damage or destruction of the structures, furnishings and materials of the Pre-fitted Booth.
For the entire duration of the Exhibition, the Participant exempts the Organisers from any direct and indirect liability as well as for the use of the Pre-fitted Booth also with regard to the custody of materials and assets owned by the Participant, whether they are kept inside or outside the booth and/or the Pre-fitted Booth.
Once the rendering of the Pre-fitted Booth has been shared with the Participant, the Organisers shall not be held liable in any way for any delays or non-compliance with respect to the shared rendering.
13. RESTITUTION OF THE EXHIBITING SPACE AND EXCLUSION OF LIABILITY FOR GOODS LEFT UNATTENDED
At the end of the Exhibition and not before, exhibitors and their Appointees shall remove the products and materials they have installed in the exhibiting space and remove them from the Exhibition grounds. Clearance of the stands shall be completed by the date specified in the Technical Regulations. The Participant is obliged to return the exhibiting space in the state in which it was made available to them. During all phases of the Exhibition, it is forbidden to leave waste materials and/or litter on the stand areas and in the Exhibition Grounds. Materials left over from set-up and dismantling work are to be disposed of by the Participant and/or its appointees, and the aisles of the halls are to be kept free of any kind of waste material or encumbrances.
The Participant shall dispose its waste in accordance with the provisions of including but not limited to Environment Protection Act, 1908, Solid Waste Management, 2016 and Plastic Waste Management Rules, 2016.
In the event of failure to comply with the disassembly deadlines and/or inertia by the Participant and/or of its Appointees in clearing the exhibiting space, the Participant expresses its irrevocable consent for it to be considered as waste material to be sent to public dumps. The Organisers shall remove, store, or dispose of such items at the Participant’s risk and cost. The Organisers shall not be liable for any loss, damage, or claim relating to abandoned goods. The Participant shall be required to reimburse all direct and indirect expenses incurred for clearing the exhibiting space at present with a minimum of INR 30,838/- (Thirty thousand Eight hundred and Thirty-Eight only) per 16.00 square metres of surface area and without prejudice to any reimbursement for greater damages.
The Organisers reserve the right to exclude from future editions of the Exhibition and/or from the various other exhibitions organised by the Organisers any exhibitors who arbitrarily leave the exhibiting space and start dismantling it before the end of the Exhibition and also reserves the right to impose a penalty of INR 5,13,970/- (Five Lakhs Thirteen thousand Nine hundred and Seventy only) on them.
The Organisers assume no liability for goods, materials, and whatever is left unattended by exhibitors in the Exhibition centre.
14. ACCESS TO THE NESCO
The Exhibition is open to visitors, with the required entry document, every day according to the timetable that the Organisers reserve the right to determine and, if necessary, to change, even during the Exhibition.
In order to permit exhibitors and their staff’s free entry to the Exhibition, the Organisers will provide special passes, in the number indicated by the Organisers, the use of which implies acceptance of this Agreement. The Participant is always and, in all respects, liable for the behaviour of those to whom it supplies entry passes, as well as for the behaviour of its employees, VIP guests, assistants and collaborators, in the performance of the duties assigned to them. Misuse, resale, or unauthorised distribution of badges or passes will result in immediate cancellation of such passes and may attract a penalty, in addition to removal of the individual from the Exhibition venue. The exhibitors shall be liable for all, and any unauthorised use of passes issued to the exhibitors. The Organisers reserve the right to remove from Exhibition any person whose presence or behaviour is undesirable and/or potentially unlawful, harmful, disrespectful and/or causing nuisance to other exhibitors and/or Exhibition visitors and the Organisers may exercise such right notwithstanding that any such person is the employee, agent or permitted contractor of the Participant or otherwise in any way connected or associated with the Participant.
Inside the fairground, it is strictly forbidden for anyone to promote offerings or oblations for acknowledged institutions, to collect alms, to engage in political, religious, or partisan propaganda or display of any insignia/flag/symbols/anything that objectionable/indecent and to carry out any activities that are not related to the aims of the Exhibition. It is understood that the access methods, the technical provisions, the assembly and dismantling activities of the stands and in general the performance of the Exhibition may be subject to modifications and/or revisions /amendments following any regulatory provisions that may intervene.
15. SURVEILLANCE AGAINST THEFT - LIABILITY FOR THEFT AND DAMAGE – DISCHARGE OF LIABILITY OF THE ORGANISERS - INDEMNITY CLAUSE
During the opening hours of the Exhibition Centre halls, the Participant shall watch over its own exhibiting space directly or via its own staff. The Participant shall supervise the exhibiting space with its own staff during the entire opening period of the Exhibition. The Participant shall be the sole custodian of all materials, goods, and furnishings in the exhibiting space for the entire period of the Exhibition (including the set-up/disassembly period). As custodian of the exhibiting space, the Participant shall indemnify and hold harmless, substantially and procedurally the Organisers and hold them indemnified and harmless from any loss, damage, liability, cost, or expense, including legal expenses, deriving from the use of the allocated exhibiting space or incidental thereto.
Although the Organisers provide a general day and night surveillance service inside the Exhibition centre for the entire duration of the Exhibition and for all the days scheduled for the set-up and dismantling of the stands, they are exempted from any and all liability for any theft and/or damage that may occur to the detriment of the Participant.
The Participant shall also be liable to the Organisers for all direct and indirect damage that for any reason may be attributable to the latter or to staff working on its behalf (including damage caused by fittings or systems set up by the Participant or by third parties appointed by the Participant, even if they have been tested by the Organisers).
Without prejudice to the provisions of the previous Articles, the Participant shall supervise and occupy the assigned exhibiting space during all the days of the Exhibition, based on the sector to which it belongs. The Organisers reserve the right to ban the Participant from subsequent editions of the Exhibition and/or from the other various events organised by the Organisers exhibitors who arbitrarily leave the exhibiting space and begin to dismantle it before the end of the Exhibition and also reserves the right to apply a penalty of INR 5,13,970/- (Five Lakhs Thirteen thousand Nine hundred and Seventy only).
16. INSURANCE - EXEMPTIONS, ACCEPTANCE AND LIMITATION OF LIABILITY
The Participant has the faculty to provide, at his own care and expense, for third-party insurance and insurance for theft, fire and damage to his property. In case the Participant autonomously provides for its own insurance coverage, it shall include the insurer's waiver of any action of recourse against the exhibitors, the Organisers in the insurance coverage and, should the Participant fail to do so, it shall hold them indemnified and harmless from any action that may be brought against the exhibitors and/or the Organisers.
Having taken note of the above, the Participant, in any case, (on its own behalf and on behalf of its employees or agents) expressly exempts the Organisers from any and all liability for loss or damage that may occur for any reason in the exhibiting space assigned to the Participant, during the course of the Exhibition or during the setting up and dismantling of the exhibiting space, and of anything located therein, and assumes liability for any damage caused to third parties as a result of the management of the exhibiting space or of anything placed in it, and not covered under the terms and conditions indicated above or activated by the same Participant. The Organisers decline all liability for any consequential damage, damage to reputation, loss of turnover, etc.. For direct damage as well, the Participant acknowledges and accepts that the Organisers limit their liability to the limits and caps provided by the insurance coverages indicated above. The Participant acknowledges and accepts these limitations of liability.
17. RIGHTS OF THE ORGANISERS IN CASE OF OMISSION OF THE PAYMENT OF THE EXHIBITING FEE
Without prejudice to the provisions of Articles 5 and 6 above, in the event of omission of the payment, in whole or in part, of the exhibiting fee by the deadline indicated above, the Organisers reserve the right to (i) prevent the Participant from setting up the stand in the days preceding the start of the Exhibition, including by clearing the occupied area, blocking electrical connections and expelling the Participant from the Exhibition Centre, (ii) the right to exclude the Participant from future editions of the Exhibition and/or from any other exhibitions organised by the Organisers.
18. CLEANING SERVICES
The cleaning services of the common areas of the Exhibition will be provided by the Organisers after the closing time to the visitors of the Exhibition. For pre-fitted booths (shell-scheme), cleaning services are included in the participation fee.
For raw exhibiting spaces, cleaning services are provided by the Organisers at cost upon specific request of the Participant.
19. EXHIBITOR PASSES AND INVITATION TICKETS
The Organisers will issue to each Participant, for himself and his employees and VIP guests, entry passes to the Exhibition in the number to be indicated by the Organisers.
20. DAMAGE TO THE PRE-FITTED EXHIBITION SPACES AND RELATED FACILITIES
The Participant is obliged at the end of the Exhibition to have managers of the Organisers ascertain the state of use of the pre-fitted stands provided by the stand builder after removing the displayed materials. The pre-fitted stands, their structures and any furnishings shall be returned to the stand builder in the condition in which they were received. Restoration costs, for any damage caused, shall be borne by the Participant.
21. CHARGED ADVERTISING
Outside the allocated exhibiting space, all forms of propaganda, leafleting and advertising may only be carried out through the Organisers and are subject to the payment of the relative fee, plus taxes if due.
22. INTELLECTUAL PROPERTY
Both the products and goods displayed at the Exhibition and the stands that house them cannot be photographed, drawn or otherwise reproduced without the authorisation of the respective exhibitors and the Organisers.
However, the Organisers reserve the right to film, reproduce, distribute and authorise in writing the filming, reproduction and distribution of overall and detailed views inside and outside the Exhibition, for promotional purposes and also allowing or selling them.
23. TEMPORARY IMPORTATION AND EXEMPTION FROM LIABILITY FOR THE WORK OF THE FORWARDING AGENT
The temporary importation of goods or merchandise of foreign origin for display, such as samples, during the Exhibition shall take place at the Participant's expense through the official contractor indicated by the Organisers, with the discharge of all liability for the Organisers.
24. PAID TECHNICAL SERVICES AND EXTRA SERVICES
Upon request of the Participant, and in compliance with the provisions set out in the Exhibition Technical Regulations, the Organisers will provide exhibitors, for a fee, with technical and/or additional services as indicated and available by the Orgnisers on the following website: _______.
25. EXHIBITION CATALOGUE, EXEMPTION OF LIABILITY OF THE ORGANISERS FOR CATALOGUE MATERIALS AND INTERNET SERVICES
Exhibitors are responsible for the publication in the Exhibition catalogue and/or directory of their company name, address and telephone number, as well as a brief listing of the products on display.
The necessary information required for the compilation of the Exhibition catalogue/directory shall be provided by the 'Participant' under its full responsibility using the form made available by the Organisers. The Organisers reserve the right, without any liability on its part for any omissions or errors, to circulate information, even in summarised or abbreviated form, contained in the Application Form and in the Exhibition catalogue form, on the exhibitors and on the products and/or services on display, using the means and techniques of communication (printed or other) they consider most appropriate.
The data provided are based on applications received and accepted up to 45 days before the opening date of the Exhibition.
By publishing on the Exhibition’s catalogue or directory texts, graphics, drawings, images, including those containing registered or non-registered trademarks, models, designs and other materials relating to the business activity carried out and/or the products presented, collectively the "Materials", each Participant grants the Organisers a worldwide, non-exclusive licence, sub-licensable and royalty-free to use the said Materials and the industrial or intellectual property rights connected with and/or deriving from the same, including the rights of vision, use, public exhibition or display, transmission and republication on any media, for the sole purpose of and for the time strictly necessary to enable the Participant's profitable participation in the Exhibition.
The Participant warrants that the Materials comply with the applicable law and do not infringe the rights of third parties, including industrial and intellectual property rights. In the event of a dispute of any kind relating to the Materials published in the Exhibition catalogue, the Organisers reserve the right to remove the Materials in question from the catalogue, without prejudice to the Participant's duty to fully indemnify and hold the Organisers fully harmless from any loss, liability, litigation, direct or indirect damage, cost or expense arising to the Organisers in relation to or in connection with the Materials published in the Exhibition catalogue.
The Participant is solely responsible for ensuring that all text, images, product descriptions, specifications, and media provided to the Organisers are accurate and lawful. The Organisers may edit, format, or remove content that is misleading, infringing, defamatory, obscene, or otherwise non-compliant with applicable Indian laws, without liability.
26. PARKING LOTS
Parking areas reserved for exhibitors are made available by the NESCO according to the latter’s rules and regulations.
27. SPECIAL PROHIBITIONS
In particular, exhibitors are prohibited from:
- any sale with immediate and on-the-spot delivery of the goods to the purchaser;
- even a partial assignment and exchange of the exhibiting space;
- the display of prices;
- any form of advertising outside their own exhibiting space and within the Exhibition centre, except as provided for in Art. 21. The distribution of advertising material is only permitted in one's own exhibiting space;
- the display of products in conflict with the product intended for the exhibiting space, as it appears on the participation form;
- the display of signs or samples, even if merely indicative, on behalf of companies not listed on the participation form and not represented;
- the use, for any purpose, of remotely piloted aircraft (APR) within the Exhibition grounds. Any exceptions to this shall be requested from the Operations Management of the Organisers., which reserves the right to assess, within the framework of the provisions of the current applicable regulations, the possibility of use in accordance with procedures to be agreed upon;
- any show or entertainment initiative, of any type, nature and characteristics, even if limited to the exhibiting space or aimed at presenting products without the prior authorisation of the Organisers; it is also the sole responsibility of the Participant to obtain any authorisations from the health and public safety authorities and, in general, from the relevant bodies, for the above-mentioned initiatives, if and insofar as requested and authorised; it is also the sole responsibility of the Participant to obtain any authorizations from the relevant Authorities (health authorities, public safety/law enforcement/defense, etc...) and the payment of any copyrights (authors and publishers) and related rights (producers and artists) for the above initiatives, if and to the extent required..
- the use of amplifier systems with visitors' recall function; only by written authorisation from the Organisers, the use of an amplifier system with the function of supporting demonstrations can be allowed. Loudspeakers shall be fixed in an immovable way and oriented towards the inside of the exhibiting space and not towards the corridors and the emission of sounds shall never exceed 55 decibels, without prejudice in any case to the Participant’s obligation to obtain and pay for all licences and permissions required for the public performance or communication of any music, sound recordings, or audio-visual content, including licences from the Indian Performing Right Society (IPRS), or any other authorised copyright society, as applicable under the Copyright Act, 1957.
- Any unauthorised use of copyrighted works, failure to obtain required public-performance licences, or use of pirated or unlicensed sound recordings constitutes, trademark or patented products constitutes offences under the Copyright Act, 1957, Trade marks Act 1999, Patents Act, 1970 and may attract civil and criminal liability. The Participant shall be solely responsible for all such compliance and shall indemnify and hold harmless the Organisers from any claims, penalties, or proceedings arising in this respect. The Organisers, in order to grant authorisation for the use of amplifier systems, reserves the right to examine and approve the projects of the exhibiting spaces in which a demonstration or show activity is planned. These exhibiting spaces shall have a certain minimum square footage, so that the public attending the demonstrations can be contained within the exhibiting spaces themselves without hindering the regular passage through the corridors of the pavilions;
- the use within the Exhibition Centre of its own forklift trucks and lifting equipment;
- any form of unfair competition among exhibitors at the Exhibition. To this purpose, the Participant shall accept for the purposes of the Exhibition and to ensure the smooth flow of the Exhibition all initiatives that the Organisers may take to ensure the immediate cessation of any possible unfair competition, or to protect other exhibitors and the Organisers itself;
- to exhibit products or catalogues or, in any case, images that are counterfeits or imitations, even if declared, of any type of products included in the categories of the Exhibition. The same prohibition also applies in the event that the products subject to imitation and/or counterfeiting are not directly exhibited as part of the Exhibition but are reproduced in the catalogues present at the Exhibition.
The prohibitions of a technical nature issued for reasons of safety, hygiene, pollution in general, for persons and property, as well as to prevent tampering with movable and immovable property in the Exhibition Centre, and the relative prescriptions, contained in the Exhibition Technical Regulations, are understood to be part of these General Conditions of participation and the Participant undertakes to comply with them strictly. Any exceptions may be issued, exclusively in writing, by the Operations Division of the Organisers.
In the event of non-compliance with even just one of the prohibitions set out above, or with those referred to in this Article, the Organisers may apply the penalties laid down in the Exhibition Technical Regulations and/or terminate the Agreement without the need of adjudication, but only by simply notifying the Participant in writing at their exhibiting space. This will result in the immediate closure of the exhibiting space and the withdrawal of access documents to the Exhibition Centre, without prejudice to the Organisers’ right to forfeit the exhibiting fee paid by the Participant and without prejudice to the Organisers’ right to compensation for any greater damages.
The Participant shall comply with all applicable animal care and veterinary regulations, and public safety requirements in force in the city, including but not limited to rules issued under the Prevention of Cruelty to Animals Act, 1960, relevant municipal pet licensing and vaccination regulations, and any guidelines issued by the State Animal Welfare Board or local authorities governing the handling, display, transport, and welfare of animals within public premises. Furthermore, in the event of display of products or catalogues or images constituting counterfeits or imitations of any type of product falling within the merchandise categories of the Exhibition and/or in the event of reproduction of products constituting imitation and/or counterfeiting on catalogues present in the Exhibition, the Organisers shall have the right to request the Participant to remove the aforementioned products and/or catalogues and/or images. In the event of refusal by the Participant, the Organisers shall have the right to directly remove the said products and/or images and/or catalogues, charging any costs incurred to the Participant, without prejudice in any case to the Organisers’ right to apply the sanctions provided for in the Exhibition’s Technical Regulations and/or terminate the Agreement for participation in the Exhibition.
28. POSTPONEMENT, REDUCTION OR CANCELLATION OF THE EXHIBITION
The Organisers shall have the discretionary and unquestionable right to make changes to the dates of the Exhibition, without the Participant being entitled for this reason to withdraw from or in any way terminate the Agreement and to be released from its obligations under the Agreement, including payment obligations, and any obligation for compensation or indemnity by the Organisers being excluded.
The Organisers can reduce the duration of the Exhibition or remove some of its sectors, without being obliged to pay any indemnity, penalty or compensation.
In case of reduction of the duration of the Exhibition or deletion of some of its sectors, the Participant shall not have the right to withdraw from or otherwise terminate the Agreement and shall not be released from its obligations thereunder, including payment obligations.
In case of cancellation of the Exhibition due to Force Majeure, the exhibiting fee paid by the Participant shall be retained by the Organisers. This amount shall be applied as a non-refundable credit toward the Participant’s exhibiting fee for the next edition of the Exhibition. If the fee for the next edition is higher, the Participant shall pay the balance. The Organisers shall not be liable for any compensation, damages, or indemnity arising from such cancellation.
Should the dates of the Exhibition be changed, the duration of the Exhibition be shortened, certain sectors of the Exhibition be removed or the Exhibition be cancelled, the Organisers shall inform the Exhibiting Company of the aforementioned changes by sending a written communication, by email or other suitable means, at least 45 days prior to the original starting date of the Exhibition, except in the case of a Force Majeure, in which case the communication shall be sent promptly.
29. GENERAL PROVISIONS - ELECTION OF DOMICILE - APPLICABLE LEGISLATION - AND EXCLUSIVE JURISDICTION - TIME LIMIT FOR COMPLAINTS
This Agreement shall be governed by laws of India. The Participant is obliged to comply with any regulations that may be issued by the Public Safety Authorities and those responsible for fire prevention, accident prevention and surveillance of the premises open to the public.
The Participant and third parties operating on its behalf in the Exhibition Centre shall use staff with an employment relationship, whether subordinate or self-employed, that complies with current legal requirements (in terms of labour law/employment regulations / social security, insurance, taxation, etc.).
The Participant acknowledges and accepts the exclusive jurisdiction of Pune, India, for any dispute arising out of, deriving from or connected with the interpretation and/or execution of this Agreement , including but not limited any question regarding its existence, validity, or termination or any breach thereof, shall be referred to and finally resolved by Arbitration administered by the Indian Law Society’s Centre for Arbitration and Mediation (ILSCA) following the ILSCA (IA) Rules for the time being in force, which rules are deemed to be incorporated by reference in this Article. The relationship between the Organisers and the Participant and any third parties shall be governed exclusively by the courts in India
The Seat of the arbitration shall be Pune, India
The venue for the arbitration shall be ILSCA, ILS Law College Campus, Chiplunkar Road, (Law College Road), Pune - 411004. The Arbitral Tribunal shall consist of one arbitrator. The language of the arbitral proceedings shall be English. The law governing the arbitration agreement shall be the Arbitration and Conciliation Act, 1996.
In case of failure of the parties to complete the above Article in its entirety, it shall be deemed that the ILSCA (IA) Rules are incorporated wherever applicable.
Any claims relating to the organisation and implementation of the Exhibition shall be notified immediately in writing to the Organisers and in any case within 7 (seven) days from the end of the Exhibition under penalty of forfeiture. Subsequent complaints may not be the subject of a dispute with the Organisers.
30. ASSIGNMENT OF AGREEMENT
The Participant acknowledges and accepts that the Exhibition will be held in the NESCO, and shall comply withand shall require its employees and collaborators to comply with the regulatory provisions issued by the Organisers who shall therefore be entitled in the event of non-compliance with these obligations, with any of its own regulatory provisions and with any law to intervene directly, also acting with its own staff on duty in the Exhibition centre.
Any right of the Participant shall be borne solely and exclusively by the Organisers, while any and all obligations of conduct assumed by the Participant shall also be considered extended in favour of the NESCO which will therefore be entitled in the event of non-compliance with these obligations, with all its own regulatory provisions and with any legal provision – to intervene directly, also acting with its own service staff in the Exhibition centre. The Participant is prohibited from assigning this Agreement, and the rights and obligations arising from it to any third party without the express written consent of the Organisers. The latter shall have the right to assign or delegate all or part of this Agreement and the rights and obligations arising from it to any of the Organisers’ affiliated or subsidiary companies, controlled or controlling companies or associated companies and this without the need for authorisation by the Participant.
31. PERSONAL DATA PROCESSING
The Organisers undertake to process the personal data of the Participant, also referring to its employees and collaborators, as well as to any members of its group, in compliance with the provisions the Digital Personal Data Protection Act, 2023, the rules and notifications issued thereunder, other competent Authorities, as well as any other applicable legislation on the subject. The aforementioned personal data will be used for the following purposes: (i) the establishment and performance of the Agreement and the execution of any pre-contractual measures requested by the Participant; (ii) the management of payments and related invoicing activities; (iii) the fulfilment of regulatory, fiscal and administrative requirements instrumental to and/or in any way connected with the Agreement and/or pre-contractual measures iv) the fulfilment of further legal and/or regulatory obligations to which the Organisers are subject or to requests from the Authorities or other competent Institutions (including the safety, health and hygiene obligations required for the participation in the Exhibition). Personal data will also be processed, subject to the granting of express and separate consent, for the purpose of carrying out studies and statistical and market research, as well as for sending promotional and commercial communications relating to the services and products offered by the Organisers, its business partners and the companies of the Organisers.
The provision of personal data is necessary for the performance of the Agreement, and any refusal would result in the impossibility to execute the Agreement itself, as well as to fulfil legal and regulatory obligations. Failure to grant or withdrawal of consent will result in the impossibility to perform the further purposes indicated above. The privacy policy governing these factors is available here.
The data may be communicated, for the above-mentioned purposes, to third parties providing services of various kinds on behalf of the Organisers, as well as to companies of the Organisers.
Further information on the processing of personal data is available on the Exhibition’s website. To exercise the rights provided for in Section 11 and Section 12 of DPDP Act, including the right to lodge a complaint with the Supervisory Authority, the Participant may send an email to the Organisers