VENDOR, EXHIBITOR, SPONSOR & PARTICIPANT
TERMS AND CONDITIONS
Organised by:
MEDIABERG PRODUCTIONS and/or its subsidiaries, affiliates, appointed representatives, contractors, partners, sponsors and agents (collectively referred to as the "Organiser").
IMPORTANT NOTICE
By submitting an application, making payment, accepting an invoice, occupying a booth, participating in the Festival, promoting products or services, or otherwise participating in any capacity, the Vendor/Exhibitor acknowledges that they have read, understood and agreed to be legally bound by these Terms and Conditions.
The Vendor further acknowledges that participation in the Festival is entirely at their own risk.
The Organiser reserves the absolute right to amend, modify, update or replace any provision of these Terms and Conditions at any time without prior notice, and such amendments shall be deemed effective immediately upon publication or communication.
1. APPLICATION, ACCEPTANCE & PARTICIPATION
1.1 Submission of an application does not constitute acceptance.
1.2 The Organiser reserves the absolute discretion to approve, reject, suspend, terminate or revoke any application without assigning any reason and without liability.
1.3 The Organiser reserves the right to refuse participation by any applicant whose products, services, activities or conduct are deemed unsuitable, unsafe, offensive, controversial, misleading, illegal or inconsistent with the Festival’s objectives.
1.4 Acceptance of participation remains conditional upon full compliance with all requirements imposed by the Organiser.
1.5 The Vendor acknowledges that the Organiser acts solely as an event organiser and not as a guarantor, agent, partner, or representative of the Vendor’s business.
2. PAYMENT TERMS
2.1 All deposits are strictly non-refundable.
2.2 All payments made are non-refundable, non-transferable and non-exchangeable under any circumstances.
2.3 No refund shall be provided due to:
(a) poor sales;
(b) low attendance;
(c) weather conditions;
(d) business performance;
(e) dissatisfaction with booth location;
(f) dissatisfaction with neighbouring exhibitors;
(g) change of mind;
(h) operational changes;
(i) personal circumstances;
(j) force majeure events;
(k) regulatory or authority intervention.
2.4 Failure to settle outstanding balances by the prescribed deadline may result in immediate cancellation and forfeiture of all monies paid.
2.5 The Organiser reserves the right to resell or reallocate any unpaid booth without liability or obligation to notify the Vendor.
2.6 Any administrative, banking, processing or transaction fees incurred shall be borne solely by the Vendor.
3. NO GUARANTEE OF SALES OR ATTENDANCE
3.1 The Vendor acknowledges that participation in the Festival does not guarantee:
(a) sales;
(b) profitability;
(c) visitor traffic;
(d) media coverage;
(e) marketing exposure;
(f) return on investment;
(g) brand growth.
3.2 Any projections, estimates, forecasts, attendance figures or marketing claims are indicative only and shall not constitute guarantees or warranties.
3.3 The Vendor acknowledges that market conditions, consumer behaviour and external factors may affect performance and the Organiser shall bear no responsibility.
4. BOOTH ALLOCATION
4.1 Booth allocation shall remain entirely at the Organiser’s sole discretion.
4.2 The Organiser may relocate, resize, renumber, redesign, merge, divide or alter any booth, zone, aisle, stage, activation area or floor plan at any time.
4.3 Such changes shall not entitle the Vendor to any compensation, refund, reduction or claim of any nature.
4.4 The Vendor waives any right to object to booth placement decisions.
5. PRODUCTS & SERVICES
5.1 Vendors may only display, promote and sell products approved by the Organiser.
5.2 Vendors warrant that all products:
(a) comply with Malaysian laws;
(b) are genuine;
(c) do not infringe intellectual property rights;
(d) are safe for public use;
(e) possess all required approvals, permits and certifications.
5.3 The Vendor shall be solely responsible for any claims, damages, penalties or legal actions arising from their products or services.
5.4 Counterfeit, pirated, dangerous, offensive, prohibited or unlawful products are strictly prohibited.
5.5 The Organiser may remove any product, material or display without notice and without liability.
6. FOOD & BEVERAGE VENDORS
6.1 Food Vendors shall comply with all applicable laws, regulations and local authority requirements.
6.2 Food Vendors shall be solely liable for:
(a) food poisoning;
(b) contamination;
(c) allergic reactions;
(d) health complaints;
(e) food quality issues;
(f) customer disputes.
6.3 The Vendor shall indemnify the Organiser against any claims arising from food-related incidents.
6.4 The Organiser shall bear no responsibility whatsoever for food-related claims, inspections, seizures or enforcement actions.
7. ELECTRICAL, GAS & FIRE SAFETY
7.1 All electrical equipment must be safe, certified and properly maintained.
7.2 High-load equipment must be declared in advance.
7.3 Gas cylinders, fryers, ovens, burners and cooking appliances require prior written approval.
7.4 The Organiser may disconnect, remove or prohibit any equipment deemed unsafe at its sole discretion.
7.5 The Vendor shall be fully liable for any damage, injury, fire, explosion, power failure or loss caused by their equipment.
7.6 The Vendor shall indemnify the Organiser against all claims, losses, damages or liabilities arising therefrom.
8. CONDUCT & BEHAVIOUR
8.1 Vendors and their personnel shall behave professionally at all times.
8.2 The following are strictly prohibited:
(a) harassment;
(b) intimidation;
(c) abusive language;
(d) aggressive selling;
(e) discrimination;
(f) public disturbances;
(g) intoxication;
(h) unlawful conduct.
8.3 The Organiser may remove any person from the Festival without notice, refund or compensation.
8.4 The Vendor shall be responsible for the conduct of all staff, contractors and representatives.
9. SOCIAL MEDIA & PUBLIC STATEMENTS
9.1 Vendors shall not publish or disseminate any false, misleading, defamatory or damaging statement concerning the Festival, Organiser, sponsors, venue or participants.
9.2 The Organiser reserves the right to pursue legal action for reputational damage, including but not limited to defamation and loss of business claims.
9.3 The Vendor shall not use the Organiser’s name, logo or branding without prior written consent.
10. MEDIA, RECORDINGS & INTELLECTUAL PROPERTY
10.1 The Organiser shall own all rights, title and interest in all photographs, recordings, broadcasts, livestreams, video footage, drone footage and promotional materials captured during the Festival.
10.2 Vendors grant the Organiser a perpetual, worldwide, royalty-free licence to use images of their booths, products, staff and branding for promotional, commercial and archival purposes.
10.3 No compensation shall be payable.
10.4 The Vendor waives any moral rights or claims relating to such usage.
11. INSURANCE
11.1 Vendors are strongly advised to obtain adequate insurance coverage including:
(a) public liability insurance;
(b) product liability insurance;
(c) employee insurance;
(d) stock insurance.
11.2 The Organiser shall not be liable for theft, loss, damage or destruction of property under any circumstances.
11.3 The Vendor assumes full risk for all goods, equipment and personnel.
12. LIMITATION OF LIABILITY
12.1 To the fullest extent permitted by law, the Organiser shall not be liable for:
(a) loss of profits;
(b) loss of revenue;
(c) loss of business;
(d) loss of goodwill;
(e) indirect losses;
(f) consequential losses;
(g) reputational loss;
(h) data loss.
12.2 The Organiser’s total liability, if any, shall be strictly limited to the amount paid by the Vendor for the applicable booth.
12.3 The Vendor agrees that this limitation is reasonable and enforceable.
13. INDEMNITY
13.1 The Vendor shall indemnify, defend and hold harmless the Organiser, venue owner, sponsors, contractors, partners, directors, officers, employees and agents against all claims, proceedings, damages, losses, costs and expenses arising out of:
(a) participation in the Festival;
(b) products sold;
(c) services rendered;
(d) acts or omissions of Vendor personnel;
(e) breach of these Terms and Conditions;
(f) violation of any law or regulation.
13.2 This indemnity shall survive termination of participation.
14. FORCE MAJEURE
14.1 The Organiser shall not be liable for any delay, cancellation, modification, postponement, relocation or interruption caused by events beyond its reasonable control.
14.2 Such events include but are not limited to:
(a) weather conditions;
(b) floods;
(c) storms;
(d) earthquakes;
(e) pandemics;
(f) epidemics;
(g) government restrictions;
(h) venue unavailability;
(i) labour disputes;
(j) civil unrest;
(k) terrorism;
(l) public safety concerns;
(m) utility failures;
(n) sponsor withdrawal;
(o) regulatory changes.
15. EVENT CHANGES
15.1 The Organiser may:
(a) postpone the Festival;
(b) shorten the Festival;
(c) extend the Festival;
(d) relocate the Festival;
(e) alter the Festival format;
(f) alter operating hours;
(g) cancel the Festival in part or full.
15.2 Such changes shall not entitle any participant to compensation, refund or claim.
16. TERMINATION
16.1 The Organiser may immediately terminate participation if the Vendor:
(a) breaches these Terms;
(b) engages in misconduct;
(c) fails to make payment;
(d) violates laws;
(e) jeopardises safety;
(f) damages the Festival’s reputation.
16.2 Upon termination, all monies paid shall be forfeited in full.
16.3 The Organiser may remove the Vendor without prior notice.
17. DATA PROTECTION
17.1 Vendors consent to the collection, storage, processing and use of their information by the Organiser for operational, administrative, marketing and compliance purposes.
17.2 The Organiser shall not be liable for any data breach caused by third-party systems, vendors or external attacks beyond reasonable control.
18. GOVERNING LAW
18.1 These Terms and Conditions shall be governed by the laws of Malaysia.
18.2 Any dispute shall be subject to the exclusive jurisdiction of the Courts of Malaysia.
19. FINAL AUTHORITY
19.1 The Organiser’s interpretation and decision regarding all Festival matters shall be final and binding.
19.2 No correspondence, appeal or challenge shall oblige the Organiser to alter its decision.
19.3 The Vendor expressly waives any right to dispute operational decisions made in good faith by the Organiser.
20. ACCEPTANCE
Submission of application, payment, participation or booth occupancy shall constitute full acceptance of these Terms and Conditions.
