MIP China's Hangzhou rules and regulations
1. Organiser and Manager/Event
The Event is organised and managed by MIP China Hangzhou (the «Organiser»); however, its management may be undertaken by Reed MIDEM (the «Manager») on the Organiser’s behalf. The event (“Event”) is of a maximum duration of 3 days and consists in a partnership forum (“MIP China”), a conference (“Conference”), and networking events throughout its duration. Specifically, MIP China is aimed at enabling International and Chinese Participants (“MIP China Participants”) to meet each other during oneto-one meetings (“One-to-one Meetings”).
2. Participation and Value-added Services Licence, Contract/Event Rules and Regulations/Additional rules and regulations
After the payment of the full Contract price provided in the Invoice the participant to the Event (“Participant”) will have a conditional and revocable licence to participate in MIP China and/or the Conference of the Event (“Participation Licence”), or receive a value-added services (“Value-added Services”) licence in connection with the Event (“Valueadded Services Licence”). The Organiser and/or the Manager (if any) may allocate the space for publicizing the value-added services content (“Valueadded Services Content”). The Organiser and/or the Manager (if any) may from time to time be entitled to change such allocation of space. Signature of this participation contract (“Contract”) shall be deemed the Participant’s total and complete agreement with and acceptance of this Contract (including Event Rules and Regulations) and the specifications of the operator of the Event venue. Further rules and regulations related to the Event may be found in separate documents supplied by the Organiser and/or the Manager (if any) from time to time. The Organiser and/or the Manager (if any) may at any time and from time to time make further rules and regulations (having immediate effect) in relation to any aspect of the Event. Such rules and regulations together with the Event Rules and Regulations and the specifications of the operator of the Event venue shall be deemed to form part of this Contract, and shall be binding on the Participant
With consent from the Organiser and/or the Manager (if any), the Participant may select the Value-added Services space/s (“Value-added Space/s”)on the official website of the Event which is organized by the Organiser and managedby the Manager (if any) on behalf of the Organiser, to publicize Value-added Services Content.
The Participant is responsible for payment of the full Contract price before the payment date provided in the Invoice, and the said full Contract price shall be non-refundable, save as otherwise provided under this Contract. If the Participant is in default of any of above due payments, any payments made to dateby the Participant will be non-refundable as liquidated damages, and the Organiser and/ or the Manager (if any) may re-allot the Value Added Services’ Space/s allocated to the defaulting Participant and such Participant shall not be entitled to any claims, losses, demands, damages, liabilities, charges, actions or expenses resulting therefrom.
The Organiser and/or the Manager (if any) reserves the right to refuse to contract with any person whose business is not directly related to the sector promoted by the Event or on any other legitimate grounds, such as a dispute, etc. Participants must be over the age of 18 years old. Where required, individual visa requirements, travel permits, other licenses and inoculations, travel and medical insurance coverage are the sole responsibility of the Participants, including any necessary costs incurred. Online Profile (as defined in Clause 7 hereunder), Value-added Services Content or Materials (as defined in Clause 8 hereunder) will be limited to materials, products, or services of specific interest to registrants of the Event. The Organiser and/or the Manager (if any) reserve the right to determine the eligibility of Materials for display, Online Profile publication or Value-added Services publicity. The Organiser and/or Manager (if any) are entitled, at their discretion, to require the Participant to produce documentary proof of their title to the intellectual property contained/ incorporated in their Materials, Online Profile, Value-added Services and the like.
6. MIP China Participant
The status of MIP China Participant is granted by the Organiser and/or the Manager (if any) at its entire discretion, upon acceptance of an online application form filled in by the applicants. Only one application form may be completed by each applicant and only the first application form shall be taken into consideration.
7. Online Event Matchmaking Tool for MIP China Participants
The Organiser and/or the Manager (if any) provides the MIP China Participants with an online event matchmaking tool (“Event Matchmaking Tool”), operated by an independent service provider, and the use of which is subject to its own terms and conditions, in order for the MIP China Participants to organise the One-to-one Meetings. MIP China Participants are required well in advance of the Event to use the Event Matchmaking Tool to fill in their online profile (“Online Profile”). The Organiser and/or the Manager (if any) may partially prefill the Online Profile, on behalf of the MIP China Participants and based on the information that they provided. MIP China Participants are further required to: (a) select no less than 20 other MIP China Participants to potentially meet and rank in order of preference within the stated timeframe given by the Organiser and/or the Manager (if any), (b) actively participate in all prescheduled One-to-one Meetings and (c) arrive on time for all scheduled events arranged by the Organiser and/ or the Manager (if any) and included in the MIP China Participants’ bespoke agenda.
As referred to herein, “Materials” means any text, image, chart, legend, design, information, statement, sketch, map, trade mark, business title, product name, sign, logo, audiovisual project, audiovisual program, video, software,person name, sound or dynamic or static image, promotional materials.
9. Value-added Services Content review
Except as provided otherwise, the Participant shall submit the Value-added Services Content Materials prepared for publicity to the Organiser and / or Manager (if any) for approval thirty days prior to the publicity date agreed herein. Such Materials may be publicized by the Organiser and / or Manager (if any) only upon the approval thereof. The Organiser and / or Manager (if any) has the right to cancel or terminate the Value-added Services Content publicity or any part thereof and/or cancel, terminate or revoke any reservation for the Value-added Services Space/s at any time at its own discretion without any reason.
The Participant represents and warrants that it is entering into this Contract as principal and not as agent or nominee of any third party, and the Online Profile, the Value-added Services Content and the Materials do not infringe or are not likely to infringe any patent, trademark, copyright and other intellectual property right of any party and it agrees that in the event of any breach of the representations, warranties and undertakings herein, the Participation Licence and the Value-added Services Licence may be terminated by the Organiser and/ or the Manager (if any) (without the Organiser and/or the Manager (if any) being liable for any damages or claim whatsoever and without prejudice to the Organiser’s and/or the Manager’s (if any) other rights and remedies) and the Participant shall indemnify the Organiser and/or the Manager (if any) against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses.
The Organiser and/or the Manager (if any) reserve the right to refuse or regulate admission to the Event with respect to any person. To gain admission to the Event, each registrant and Participant must show an admission pass, which the Organiser and/or the Manager (if any) shall issue free of charge or for consideration in accordance with its own procedures. The distribution, reproduction or sale of admission passes by any person other than the Organiser and/or the Manager (if any) or entities authorized by them is strictly forbidden and is liable to prosecution. Due to the international nature of the Event, Participants shall:
(1) Ensure that their participation is neutral in terms of political, ideological or religious expression;
(2) Not create disturbances (visual, audial, olfactory, etc.) to the organization of the Event, the other Participants, or the public in the Value Added Services Materials.
All photographic rights are reserved by the Organiser and/or the Manager (if any). Photography during the Event shall only be carried out by the Official Photographers appointed by the Organiser and/or the Manager (if any).
13. Late payment
A 0.1%-per-day interest charge will be levied by the Organiser and/or the Manager (if any) on all overdue amounts under this Contract.
14. Cancellation Participation/Breach
(a) Except as otherwise expressly provided herein, in particular in Clause 14(b), no refund will be made of any money paid to the Organiser and/or the Manager (if any) under any circumstances whatsoever, including in the event of the Participant deciding not to participate in the Event or be provided with Value-added Services. The Organiser and/or the Manager (if any) may retain all amounts then paid by the Participant and also to recover all amounts due under this Contract. In the event of any breach of this Contract (except for the obligation arising out of a breach of the Contract price payment provision as set forth in Clause 4 above), the Participant who is in breach or default shall be liable to pay the full Contract price to the Organiser and/or the Manager (if any) as liquidated damages.
(b) However, whilst not encouraged, MIP China Participants may cancel their participation with MIP China with no cancellation fee 45 days before the Event opening date. Cancellations received after the Event opening date will incur a cancellation fee of USD1.200 or its equivalent in RMB. MIP China Participants’ no show at the Event will incur a cancellation fee of USD1.600 or its equivalent in RMB. All cancellations from MIP China Participants must be received by the Organiser and/ or the Manager (if any) by email as indicated on the official website of the Event and must be acknowledged by the Organiser and/or the Manager (if any) to be effective. A significant shortfall consisting in three missed one-to-one meetings by MIP China Participants on their minimum commitment with respect to attending scheduled One-toone Meetings shall be treated by the Organiser and/or the Manager (if any) as a no show at MIP China with MIP China Participant incurring a cancellation fee of USD1.600 or its equivalent in RMB.
15. Liability and risks
The Participant shall be liable for and shall insure, indemnify fully and effectively and hold the Organiser, the Manager (if any) and their respective shareholders, the lessors of the premises where the Event is held and all government, statutory and regulatory bodies and agencies of the country where the Event is held and their respective directors, officers, agent and servants harmless against any and all costs, claims, demands, losses, liabilities, charges, actions and expenses which any of them may be subject to or may incur or which may be made, claimed or instituted against them or any of them as a result of any act, breach of any of the terms of this Contract, omission, conduct or failure of the Participant or its directors, officers, agents, servants, invitees or independent contractors. The Participant’s aforesaid indemnity shall extend to all losses or injuries caused to any persons or property howsoever caused by the Participation or its Online Profile, Value-added Services Content, Materials or personnel, or otherwise arising while the said persons are upon or examining, observing and looking around the Online Profile, the Value-added Services Content and the Materials or by the demonstration of or otherwise in connection with the Online Profile the Value-added Services Content or the Materials. The liability or risks of loss or damage to the Participant’s employees or agents, or the Online Profile, the Value-added Services Content and the Materials shall be the responsibility of the Participants. The Online Profile, Value-added Services Content and the Materials shall be provided at the Participant’s own risks and the Organiser, the Manager, their respective directors, officers and agents shall not be held responsible for any error, omission, theft, damage, loss or destruction of the Online Profile, the Value-added Services Content or the Materials or the infringement of the intellectual property rights that they may contain. Under no circumstances will the Organiser, the Manager, any government, statutory or regulatory body or agency or their respective directors, officers and agents make good or accept responsibility or be liable howsoever in respect of any damage, error, omission, theft, loss or destruction of the Online Profile, the Value-added Services Content or the Materials or the intellectual property rights that they may contain, or any property, goods or articles or things whatsoever placed, deposited, brought into or left upon the Event premises by the Participant.
16. Safety, fire, health and other laws
All fire, safety, health and other laws, rules and regulations imposed by the Organiser and/or the Manager (if any) or local authorities and agencies or the lessor of the Event premises must be strictly observed by the Participant.
17. Prohibited Online Profile, Value-added Services Content, Materials or intellectual property rights
The organiser and/or the Manager (if any) reserve the right to prohibit the publication of the Online Profile or the publicity of theValue-added Services Content or the Materials. The Participant is solely responsible for ensuring that all governmental and other regulatory approval required for the Online Profile, the Value-added Services Content, the Materials, any intellectual property rights that they may contain, and its participation in the Event shall have been obtained prior to the date of the Event, and shall be continuing throughout the Event and after the Event where applicable.
The Organiser and/or the Manager (if any) shall not be responsible for damage to the Participant’s Online Profile, Valueadded Services Content, Materials and property howsoever caused or lost shipments either coming in or going out, or for money costs. The Participant is responsible in all cases for the full Contract price and other payments payable under its Contract.
(a) If, in the sole discretion of the Organiser and/or the Manager (if any), the Event premises shall become unfit for occupancy or if the holding of the Event or the performance of the Organiser and/or the Manager (if any) of any of the provisions of this Contract is interfered with by virtue of any cause or the Event may or could in any way be affected by a cause not within the control of the Organiser and/ or the Manager (if any), this Contract and/or the Event (or any part thereof), may forthwith be terminated or cancelled or postponed or otherwise rearranged by the Organiser and/or the Manager (if any) at their sole option, without the Organiser and/or the Manager (if any) being liable in damages or otherwise to the Participant. Upon the termination or cancellation as aforesaid, the Organiser and/or the Manager (if any) shall not be liable to the Participant other than for a prorated refund of the Contract price paid by the Participant on the basis of the number of Event days remaining. No refund will be made upon any postponement or rearrangement as aforesaid, the amount of the participation fee paid by the Participants may be carried over in view of their participation in the new Event.
(b) This Contract may be terminated by the Organiser and/or the Manager (if any)forthwith if in the Organiser’s and/or the Manager’s (if any) opinion the Participant does not or may be unable to perform or comply with any of its obligations.
(c) Any change in the name of the Event does not constitute a cancellation by the Organiser and/or the Manager (if any).
20. Right to reject or eject
The Organiser and/or the Manager (if any) may reject, eject or prohibit an Online Profile, the Value-added Services Content and the Materials in whole or in part, the Participant or its representatives, with or without giving cause. If cause is not given, the maximum liability of the Organiser and the Manager (if any) shall not exceed the return to the Participant of the pro-rata amount of the Contract price paid by the Participant based on the number of days of the Event remaining at the time of ejection. If an Online Profile, Value-added Services Content, Materials or Participant is ejected for violation of any provisions of this Contract or for any other stated reason, no refund of any portion of the Contract price shall be made.
21. Sub-Licensing of Participation Licence and Value-added Services Licence
The Participation Licence and Value-added Services Licence is personal to the Participant, is nontransferable and no licensing or sub-licencing may be granted by the Participant to any other party.
22. Unfair competition
Participants formally undertake not to engage in activities that are identical or similar to those conducted in the Event venue, the immediate surrounding area or in any other Event area that the Organiser and/or the Manager (if any) may designate, in particular, in places such as hotels or other sites external to the Event, during the period of the Event. The Organiser and/or the Manager (if any) reserve the right to have any breach of this provision evidenced by a notary public, to have the relevant Participants pay the costs associated therewith and to initiate any legal action enabling it to assert its rights.
23. Manager as agent
In the case the management of the Event is undertaken by a Manager on the Organiser’s behalf, all rights, powers and discretion exercised by the Manager or consent or agreement given or made by the Manager shall be deemed to be carried out as agent on behalf of the Organiser. The Manager shall have no responsibility or liability whatsoever to the Participant or any other party.
24. Liability, Exclusion and Limitation
(a) The Organiser and/or the Manager (if any) shall not be responsible for delays, claims, demands, damages, losses, increased costs, liabilities, changes, actions, expenses or other unfavourable conditions, direct or indirect, consequential or otherwise, howsoever arising by virtue of any cause not within the control of the Organiser and/or the Manager (if any).
(b) For purposes of this Contract, the phrase ‘cause not within the control of the Organiser and/or the Manager (if any)” shall include fire, casualty, flood, illness, risk of infection, epidemic, earthquake, explosion or accident, blockade, embargo, inclement weather, governmental restraints, restraints or orders of civil defence or military authorities, act of public enemy, riot or civil disturbance or commotion, malicious damage, sabotage, vandalism, act of terrorism, or other similar activities, strike, lockout, boycott or other labour dispute or disturbance, inability to secure sufficient labour, technical or other personnel not within the control of the Organiser and/or the Manager (if any), absence of premises required for the Event,failure, impairment or lack of adequate transportation facilities, inability to obtain or condemnation, requisition or commandeering of necessary supplies or equipment, local, state or other law, ordinance, rule, order, decree or regulation,whether legislative, executive or judicial, and whether constitutional or unconstitutional, or Act of God and the words “act of” shall include “threat of or perceived threat of”.
(c) The aggregate liability of the Organiser and/or the Manager (if any) shall under no circumstances (whether arising from breach of contract, tort or otherwise) exceed the amount of the total Contract price paid by the Participant for the Participation Licence and the Value-added Services Licence. The person or persons appointed by the Organiser and/or the Manager (if any) are independent contractors and are not agents of the Organiser and/or the Manager (if any).
25. Governing law and jurisdiction
This Contract shall be governed by, and construed in accordance with the laws of the country of incorporation of the Organiser. The Parties agree to irrevocably and unconditionally submit to the nonexclusive jurisdiction of the courts of the place of incorporation of the Organiserfor any disputes in relation to this Contract.
Upon termination of this Contract, the Participation Licence or Value-added Services Licence granted is revoked and thereupon the Participation shall leave the Event premises and remove all its Value-added Services Content and Materials within a reasonable period notified by the Organiser and/or the Manager (if any) and the Organiser and/or Manager (if any) shall be entitled to remove the Online Profile from its website(s) and database(s).
27. Tax and other fees
The Participant shall pay all and any stamp and other taxes or duties in connection with this Contract, including any interest and penalties. According to the payment term of this Contract, the Participant shall pay the Contract price in the defined installments. Before an installment payment of the Contract price is due, if the relevant Government authorities imposes a VAT, the new VAT amount applicable to such installment payments of the Contract price to be received by the Organiser and/or Manager (if any) will be added on, and the Participant agrees to pay the extra VAT amount to the Organiser and/or the Manager (if any) when such installment payments of the Contract price become due.
28. Partial invalidity
The invalidity or unenforceability of any provision of this Contract shall not affect the validity or enforceability of any other provision herein.
29. Remedies and implied waivers
No failure or delay on the part of the Organiser and/or the Manager (if any) to exercise, any right or remedy under this Contract will operate as a waiver thereof, nor will any single or particle exercise of any right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. The rights and remedies provided are cumulative with and not exclusive of any rights or remedies provided by law independently of this Contract.
30. Set-Off clause
The Parties agree that the Organiser and/or the Manager (if any) are entitled to deduct from or setoff against any money due from the Organiser and/or the Manager (if any) to the Participant, any due payment which the Participant is liable for to the Organiser and/or the Manager (if any).
31. Compliance clause
The Participant shall, upon the Organisor’s and/or the Manager’s (if any) written request, forthwith take all necessary action and/or refrain from any further action which is, in the Organisor’s and/or the Manager’s (if any) view, necessary to comply with any of its obligations and, forthwith provide any necessary information or documents to evidence such compliance.
32. Amendments clause
This Contract shall be amended only in the form prescribed by the organiser and/or the Manager (if any) for such purposes from time to time.
33. Assignment clause
The Organiser and/or the Manager (if any) may without the consent or approval of the Participant assign or transfer its rights and/or obligations under this Contract. The Participant may not assign or transfer any of its rights or obligations under this Contract without consent of the Organiser and/or the Manager (if any).
34. Third parties
Nothing in this Contract shall be deemed to confer any right to enforce any term of this Contract on anyone who is not a party to this Contract.
The Organiser and Reed MIDEM collect participants’ personal data by the present document or during participation of the Event (attended places or events, services operated). The data is processed by the Organiser and Reed MIDEM for the purposes of carrying out its contractual obligations (notably customer’s data base management, events, services and ticketing management, invoicing and cash collection management) and promoting its activity. Such data is stored for a maximum duration of 10 years. This personal data can be: • integrated into the online database available to Participants to enable them to prepare the Event, promote their business and schedule their business appointments within the Event. In this respect, Participants undertake not to use the data for any other purposes. The Organiser and Reed MIDEM reserve the right to stop by any means any disturbance caused by any forbidden use of personal data • transmitted to sub processors that have undertaken to comply with Data Protection Laws requirement such as companies belonging to the same group,in particular the companies of the RELX group, service providers and partners,who may be located outside the European Economic Area; • communicated to Participants, such as speakers, sponsors, exhibitors and buyers, who can be located outside the European Economic Area to carry out commercial prospecting; • used on all distribution and promotional media in connection with the relevant Event including over the internet; • processed for distribution and promotional analysis (profiling, targeting). As a co-data controllers, the Organiser and Reed MIDEM have implemented and maintain appropriate technical and organisational measures in such a manner that its processing of personal data meet the requirements of Chinese, French and European Data Protection Laws and in particular GDPR. Participants may exercise their right to access, obtain, correct and oppose the use of their personal data by writing to: https://privacy.reedexpo.com/en-gb/privacy-centre.html. In case of unsatisfied answer to Participants’ request, Participants may raise a complaint before the relevant Data Protection Authorities.