1. Terms of Reference
Under these terms and conditions the term 'Exhibitor' shall include all employees, agents of any company partnership, firm, institution or individual to whom space has been allocated for the purposes of exhibiting.
The term 'Exhibition' shall mean the exhibition referred to on the Participation/contract form for EdExpo Kenya.
The term 'Organizers' shall mean Liquid Interactive.
The term 'Contract' means the Exhibitor Participation Form duly signed and stamped by the Exhibitor deemed as having been entered into between the Organizers and the Exhibitor which incorporates the rules, regulations and terms and conditions.
2. Application for Participation
All applications for participation shall be made on the prescribed Participation form downloadable from the EdExpo Kenya website. The Participation form should be submitted to the Organizers or their authorized representatives. The submission of the form shall deem to be confirmation of participation and acceptance by the Exhibitor of the Terms of Contract. The Organizers shall reserve the right to accept or refuse any application without disclosing to the Exhibitor any reasons thereof.
3. Allocation of Exhibition Space
The Organizers shall allocate the space in accordance with the nature of exhibits or in any manner they may deem fit. The Organizers shall reserve the right to change the space allocated to the Exhibitor at any time prior to the commencement of the erection of the working space/unit of the Exhibitor should exceptional circumstances demand and, to alter the space to transfer or close entrances and exits to the Exhibition facilities and to undertake other structural alterations as they may deem fit. Such changes shall be at the discretion of the Organizers and the Exhibitor shall have no claim for compensation as a result of such changes.
4. Use of Exhibition Space
Exhibitors are entitled to exhibit only the announced products and to man the exhibits only with competent personnel during the opening hours of the Exhibition. The Organizers reserve the rights to refuse admittance to any visitor to the Exhibition or to have access to any stand. Exhibitors are not allowed to sub-let or assign the working space allotted to them to other parties either wholly or in part without the written consent of the Organizers. Exhibitors will be liable for any damage to the walls or to any part of the Exhibition hall in which their exhibits are placed and shall not paint or otherwise alter the floors, ceilings, pillars or walls without the prior consent of the Organizers.
5. Terms of Payment
a. Payment for participation at the exhibition and services – The Exhibitor shall pay the full amount of the invoice via bank transfer within 14 days from the date of an invoice and in case of Early Bird Registrations before the closing date of said Early Bird Registration. All banking charges are to be covered by the Exhibitor. If the full balance is not paid within the stated payment term, the Organiser can not guarantee an allocated space and any applicable discounts. If payment is not received by the exhibition opening the Exhibitor shall not be permitted to participate in the event.
b. Cancellation of bookings – If, after booking participation at the exhibition the Exhibitor shall desire to cancel their booking, they must give written notice to the Organiser that they desire to do so and the Organisers at their sole discretion, may make a refund of all or some of the monies paid by the Exhibitors. In any case, a cancellation fee of 50% of the total charge will be charged to the Exhibitor if the cancellation is not done 60 days prior to the Exhibition date. The cancellation of bookings for advertising online or in the exhibition catalogue is non-refundable.
c. If you send your cancellation in writing, cancellation is not immediate, the Organiser will respond to you within 48 hours of receipt of your e-mail. Please take this 48 hour turnaround time into consideration when putting your cancellation in writing.
d. Bankruptcy or liquidation – In the event of the Exhibitor becoming bankrupt or (being a company) entering into liquidation other than for the purpose of reconstruction or amalgamation, or having a receiver appointed, the Organiser shall be at liberty to terminate forthwith the contract with such an Exhibitor and to cancel the allotment of exhibition space to the Exhibitor, and all sums paid by the Exhibitor under the contract shall be forfeited.
e. In case of default of payment by the Exhibitor, the organizer is entitled to claim interest at a rate of 20% on the full balance.
f. Should the Exhibitor fail to observe or comply with any of the terms and conditions contained herein or if the Exhibitor shall fail to pay any of the participation, product or service fee before the the Exhibition starts, then the Organizers may refuse the Exhibitor participation at the Exhibition.
6. Cancellation and alterations to exhibition participation by the Organizer
a. In the event of cancellation of the Exhibition by the Organiser due to the low number of exhibitors, the Exhibitors will be offered to move their participation at the same fee to the new date of the exhibition or to the next edition of the exhibition. If the Exhibitor is not able to attend the next exhibition, the Exhibitor may be refunded at the sole discretion of the Organizers total fees less a 15% administration cost but without prejudice to the Organizers right to appropriate the entire sum or any part thereof for expenses they have already incurred for the Exhibition. In the event of change of venue, date and/or duration, the agreement to participate shall remain in force so long as the Exhibitor is informed at least three weeks before such changes will take place. The Organiser shall be under no liability to the Exhibitor in respect of any other claims, losses, costs or expenses whatsoever which may be brought against or suffered or incurred by the Exhibitor because of the Exhibition cancellation or postponing of the dates, change of venue, duration and content of the exhibition.
b. Whilst every endeavour will be made to adhere to the published dates, venue, schedule, duration and content of the Exhibition, the Organisers shall be entitled to change venue, content, schedule and dates of the exhibition, if in their opinion, this is in the general interest of the Exhibition.
c. Whereas the Organiser has made every effort possible to ensure adequate/large/quality numbers of visitors to the Exhibition, no claims for refunds in whole or in part will be tolerated whatseover should the number of visiors be low or not to the standards expected by any Exhibitor.
7. Construction and Decoration of working space/stand.
Exhibitors will be allowed to decorate their working spaces per schedule as informed in the detail Exhibition program which will be emailed to the exhibitors seven days before the start of the exhibition. Any damages caused by the Exhibitor or his/its contractors to other Exhibitors or common property shall be the responsibility of the Exhibitor. All Exhibitors must complete their construction and decoration by the date and time stipulated by the Organizers.
8. Movement of Exhibits
a. Exhibitors shall bear the responsibility and expenses for the transport of exhibits to the Exhibition Venue.
b. Exhibitors shall remove all exhibits from the Exhibition hall within the period stipulated by the Organizers and shall indemnify the Organizers against any loss by reason of the delay of damage to the Exhibition hall.
9. Failure of Services
The Organizers shall not be liable for any loss sustained by the Exhibitor directly or indirectly attributable to the cancellation, suspension or reduction of duration of the scheduled Exhibition from the period advertised or specified due to:
a. Force majeure
b. Acts of war, military activity, municipal statutory or civil authority requisition.
c. Fire, flood, typhoon, excessively inclement of weather, earthquake or a combination of the same.
d. Damage caused by an aerial object or aircraft.
e. Strikes or lockouts by workmen.
The Organizers shall take all security precautions in the interest of the Exhibitors and visitors. However, the Organizers shall not be held responsible for any loss or theft of exhibits or personal effects at the Exhibition hall during the build-up, exhibition and dismantling period. The Organizers shall also not be held responsible for any loss or damage to exhibits or any articles belonging to the Exhibitors.
11. Fire Regulations
All Materials used in stands and exhibition constructions must be properly fire proofed in accordance with local regulations. Exhibition ushers will patrol the Exhibition facilities and will be authorized to stop any demonstrations or activities that are potential hazards.
12. Insurance, Liability and Risks
All Exhibitors shall insure, indemnify and hold the Organizers and the venue owners harmless in respect of all costs, claims, demands and expenses to which they may be subject as a result of loss of or injury arising to any persons howsoever caused while the said persons are upon or examining or passing the Exhibition working spaces, during the tenancy of the Exhibition. The liability of risks of the employees, agents or exhibits shall be the responsibilities of the Exhibitors.
13. Passports/visas/health requirements
Any visa, passport and inoculation/vaccination requirements are responsibility of the Exhibitor and failure to obtain the relevant documentation is not the responsibility of Organiser. If there are any changes to the details supplied by you, it is the Exhibitors responsibility to inform the Organiser as soon as possible.
It is Exhibitor's responsibility to contact the relevant Embassy/High Commission/Consulate for information and advice on the visa requirements of the country they will visit.
Please note: Passport and visa regulations can change overnight and Exhibitors should therefore check with the relevant Embassy/High Commission/Consulate well in advance of travel, even if the Exhibitors have travelled to this destination before. It is the Exhibitors responsibility to be in possession of a valid passport and a visa at all times. It can take some time to obtain a visa, so you are advised to apply in plenty of time. We accept no responsibility for Exhibitors who do not possess the correct documents. All requirements for overseas travel should be checked with the relevant Embassy of the destination country. Some overseas countries have an immigration requirement that your passport is valid for a minimum period after you enter that country, typically 6 months. If the Exhibitor passport is in its final year of validity, we advise him/her to confirm the requirements of the destination before making final travel plans. You should apply for a passport or to renew an expired passport at least four weeks before travelling.
Facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs and inoculation/vaccination as early as possible. Sources of information include your GP or a specialist clinic. For the most up-to-date essential information on the Exhibitor's choice of destination and to ensure he/ she make the most of his/her trip abroad, the Exhibitor should contact a relevant clinic. Yellow Fever vaccination is mandatory in most African countries so please carry your Yellow Fever Certificate with you.
It is Exhibitors responsibility to take out adequate travel insurance through their company, a travel agent or other approved insurance supplier.
15. Supplementary Clauses
Whenever necessary, the Organizers shall have the right to issue supplementary regulations in addition to those in these Terms and Conditions of the Contract to ensure the smooth management of the Exhibition. Any additional written regulations and/or instructions shall form part of these Terms and Conditions of the Contract and they shall be binding on the Exhibitors.
16. The failure to object to any breach of any clause herein by the Organizers shall not constitute agreement to modification of this agreement or a waiver of any subsequent breach of such clause.
17. The Organiser does not accept liability for any errors or omissions and reserves the right to change information, specifications and descriptions of listed goods, products and services at any time.
18. The construction of the Terms and Conditions of the Contract herein will be governed by the laws of Kenya.