Table Exhibitor Terms and Conditions

Table Exhibitor Terms and Conditions

A legally binding contract will come into existence between Cross Media Ltd. (hereafter also referred to as the ‘Company’, ‘Organiser’, ‘CM’ or ‘we’) and any person, firm, company, association or organisation (hereafter  also  referred  to  as  the  ‘Buyer’, ‘Exhibitor’ or  ‘you’) who accepts the product which the Company is to supply in accordance with the terms and conditions listed below, when an order of purchase is accepted. 

The Buyer and/or the Exhibitor agrees to the following terms. Participation in HYPER JAPAN Festival 2022 (hereafter also referred to as the ‘Event’) by the Exhibitor is subject to agreement to the terms and conditions set out by the Organiser herein and pursuant to any further clauses and conditions as determined by the Organiser.

1. Acceptance of an order is subject to the condition that Table Exhibitor Packages are available for the Event, and that a Market Area Package or Fringe Area Package applicant (hereafter also referred to as the ‘Buyer’, ‘Exhibitor’ or ‘you’), is not found to be in violation of any exhibition guidelines as set by the Company.

2. No statement, description, information, warranty, condition or recommendation contained in any price-list, advertisement, documentation or communication or made verbally be any of the agents or employees of the Company shall be construed so as to extend, vary or override any provision of this Contract in any way.

3. Any contract whether written or verbal entered into between the Company and the Buyer shall be governed by and construed in accordance with English Law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

4. Definitions in these terms and conditions shall have the meanings ascribed to them below:

  • “The Company” means Cross Media Ltd.
  • “The Event” means HYPER JAPAN Festival 2022, an event wholly organised by Cross Media Ltd.
  • “The Venue” means the premises of Evolution London, Battersea Park, Chelsea Bridge, Queenstown Rd, London SW11 4NJ
  • “The Goods” means any exhibition package supplied by the Company to the Buyer in accordance with the order confirmation of the Company as accepted by the Buyer.
  • “The Buyer” means a legal entity or an individual with whom the Contract is made by the Company.
  • "The Company's Premises" means the premises of the Company at Unit G18, The Light Box, 111 Power Road, Chiswick, London W4 5PY UK.
  • “The Contract” means the contract between the Company and the Buyer for the supply of Goods.

5. Market Area Package

Orders and Specifications: Market Area Packages available for purchase on the HYPER JAPAN website consist of the right to exhibit at the Event and the associated exhibition setup outlined as follows;

    • The Market Area Package Standard Table consists of a 1.8m x 2.6m space in which the Buyer may promote/sell their merchandise, two 180cm tables and one folding chair.
    • Market Area Packages, an optional backing wall, Corner Table, End of Row Corner Table and Island (4 tables) is available as an add-on option at the time of purchase.
    • The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted.
    • No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall indemnify the Company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
    • All prices quoted on the website are final unless stated otherwise by the Company. All prices are exclusive of any applicable Value Added Tax (VAT), which the Buyer, shall be additionally liable to pay to the Company.
      6. Fringe  Area Package
      Orders and Specifications: Fringe Area Packages available for purchase on the HYPER JAPAN website consist of the right to exhibit at the Event and the associated exhibition setup outlined as follows;
      • The Fringe Area Package Value Table consists of a 1.2m x 1.5m space in which the Buyer may promote/sell their merchandise, one 120cm table and one folding chair.
      • All items sold must be hand-drawn or hand-made and products of your own (i.e. not products of third parties’).
      • The Buyer must be an independent artist.
      • The Buyer shall be responsible to the Company for ensuring the accuracy of the terms of any order (including any applicable specifications) submitted.
      • No order which has been accepted by the Company may be cancelled by the Buyer except with the agreement in writing of the Company and on terms that the Buyer shall Indemnify the Company in full against all loss (including loss of profit), costs (including the costs of all labour and materials used), damages, charges and expenses incurred by the Company as a result of cancellation.
      • All prices quoted on the website are final unless stated otherwise by the Company.
      • All prices are exclusive of any applicable Value Added Tax (VAT), which the Buyer, shall be additionally liable to pay to the Company.
      7. Terms of Payment
      • Payment in full shall be due to the Company at the time of purchase.
      • The Company reserves the right to withdraw/cancel any order if the Buyer is unable to complete payment at the time of purchase.
      • Unless otherwise stated, all purchases shall be conducted in UK Sterling (GBP).
      • All purchases, both from within the UK and without, shall be subject to Value Added Tax (VAT) which shall be calculated based on the contents of the order, including any optional add-ons.
      • All payments must be by credit cards and debit cards only. Cheques and bank transfer are not accepted.

      8. Delivery

      Email notification will be sent once an order has been accepted. Acceptance will be deemed to have been effectively communicated at the point where the email has been sent (regardless of receipt of such communication).

      9. Cancellations and Refunds

      In the event that any Buyer of Market Area Packages and Fringe Area Packages wishes to cancel his or her order once the order has been accepted, acknowledged and payment has been made, the Buyer shall be liable to pay the Company a cancellation fee as follows:

      • where a written cancellation is received between six and three months prior to the Event: 50% of the total amount payable.
      • where a written cancellation is received less than three months of the Event: 100% of the total amount payable.

      10. Termination

      The Organiser may immediately cancel this contract by notifying the Exhibitor or the Buyer in writing in the following cases;

      • When the Organiser determines that the service cannot be provided to the Exhibitor or the Buyer due to unavoidable circumstances beyond the control of the Organiser;
      • You are unable to provide or reasonably believes that it will be unable to provide your exhibition stand due to any circumstance not within your reasonable control;
      • You initiates bankruptcy trustee proceedings or provisional liquidation proceedings, or enters into negotiations with creditors (except in the case of restructuring with solvency), or voluntarily or if the Exhibitor is in a state of dissolution regardless of the court order (excluding the case of business restructuring in a state of solvency) ; or if a trustee is designated for the asset management of the Exhibitor, the Exhibitor will be the business if continuation is suspended, or if similar procedures or measures are initiated in other jurisdictions.
      • You fail to pay any amount due under this agreement on the due date for payment; or you commit any breach of the provisions of this agreement or
      • You commit any breach of the provisions of this agreement.

      11. Exhibition

      • The final placement of any and all Market Area and Fringe Area stands at the Event will be decided at the discretion of the Company, regardless of any request from the Buyer.
      • Prohibited Merchandise
        • Items exhibited and goods shall not be illegal, offensive or obscene. Any infringing items including in particular but not limited to fake and/or unlicensed products are strictly prohibited at the Event. The Company reserves the right to solely and freely determine whether an item or good is inappropriate for exhibition at the Event and to demand the cessation of its exhibition or sales. This right also applies in all cases where a dispute has arisen between copyright owners, manufacturers, distributors or any other related parties with regard to an item or good being exhibited or sold at the Event.
        • Sales of cosplay weapons and swords at HYPER JAPAN Festival 2022 are solely permitted to specialist cosplay weapons vendors who have been vetted and approved by the Organiser. If any non-approved exhibitor is found to be selling or displaying replica swords and guns, the Organiser will take immediate action to halt the display/sales of such items.
        • Purchase of a Table Exhibitor Package does not entitle the Buyer to sell or provide food and drink items including dried foods, sweets and snacks, juice, or alcohol.
        • Due to the possibility of inspections by licensors and customs officials who are known to attend events selling character and other goods, the Company requires the Buyer to bring any relevant purchase documentation regarding their items for sale, especially those featuring licensed characters of any kind, which can be presented for any such inspection that may occur, including any inspection made at the discretion of the Company.
        • If a representative of UK Trading Standards or the Organiser requests to view a product or requests evidence of its validity, you will provide evidence of this immediately.
        • If the Organiser is made aware of any non-genuine or imitation products being used or sold at the Event, the Exhibitor responsible for these goods will be asked to immediately cease activity at the event and leave the premises. The organiser reserves the right to solely and freely determine whether any items or goods are inappropriate for exhibition at the Event and to demand the cessation of their exhibition or sales. The Exhibitor will be allowed to return at a later time of the cessation day convenient to the Organiser in order to remove any remaining products and equipment from the venue. Failure to comply with these terms will result in a potential permanent ban from the venue, as well as legal action being taken against the non-complying party. The Exhibitor is not entitled to any repayment or compensation from the Organiser in respect of any such cessation of exhibition or sales.
      • The following documents must be submitted to the Organiser by 20th June 2022 - Risk Assessment - Public Liability Insurance Certificate (minimum £5 million). Insurance may be purchased from the Event's official insurance agent, and may require a minimum of three weeks before an insurance certificate is issued. The submission of these documents is an absolute and non-negotiable prerequisite for partaking in the Event. Documents will be forwarded to the venue in order to gain permission to exhibit at the Event, and the lack of any part will result in forfeiture of the Buyer’s right to exhibit at the Event. For further details about these documents, the Buyer should refer to the Exhibitor Manual.
      • You may wish to contact those who may assist you with relevant insurance policies you may need as an event exhibitor. Please note that the Organiser cannot be held responsible for any insurance cover you may arrange.
      • In the event that the Buyer fails to submit any necessary documentation (Risk Assessment, Public Liability Insurance Certificate) by the due date for any reason, the Event and the Company shall not be held liable.
      • All Buyers must follow the instructions laid out in the Exhibitor Manual.
      • The Buyers takes sole responsibility of reading the Manual and preparing for the Event. If, for some reason, the Buyer does not receive the Manual or hear from the Company by 1st June 2022, the Buyer must contact the Company (exhibitors@hyperjapan.co.uk) by 20th June 2022.

      12. Privacy

      • By entering into the agreement for Market Area Packages and Fringe Area Packages, the Buyer consents to the collection, use and retention of submitted personal information by the Company, which the Buyer gives explicit consent by ticking the Consent From upon checking out.
      • Personal information including the full name, address, telephone number, email address is held by the Company. The information is needed to process the transaction and fulfil your order and any subsequent problems or disputes.
      • Credit/debit card details are not held by the Company.
      • Submitted personal information may be used for internal administration and analysis by the Company and associated companies.
      • Submitted information (but not credit/debit card details) may be shared with third parties on occasion but only for the purpose of completing the transaction.
      • Submitted personal information, for the purpose of associated administration and obtaining professional advice, may also be passed to the management of the venue where the Event is taking place at their request.
      • The Company shall not sell, rent or trade personal information belonging to the Buyer to third parties for marketing purposes.
      13. General Conditions
      • Items exhibited and goods shall not be illegal, offensive or obscene. The Organiser reserves the right to solely and freely determine whether an item or good is inappropriate for exhibition at the Event and to demand the cessation of its exhibition or sales. This right also applies in all cases where a dispute has arisen between copyright owners, manufacturers, distributors or any other related parties with regard to an item or good being exhibited or sold at the Event.
      • The Exhibitor waives the right to make any claim to the Organiser with regard to the use or broadcast of any images or footage of the Exhibitor's booth, panels, logos, staff, goods, and/or services on television, video, DVD or any other media (including but not limited to books and pamphlets) both in the UK and overseas, when deemed necessary for the promotion or operation of the Event. All booth staff, contracted parties and joint contractors shall be required by the Organiser to similarly agree to this waiver.
      • Upon making a payment, the Exhibitor assumes responsibility to conform to all U.K. laws relating to activities such as advertising and sales generated from your exhibit at the Event. This includes acquisition of visa, customs charges, meeting stipulations for food/chemical management and treatment, etc.
      • These terms and conditions and all other regulations to which participation in the Event is subject are subject to and shall be construed in accordance with English law, and the Company and Exhibitor agree that the English courts shall have jurisdiction over any disputes arising hereunder.

      14. Cancellation Policy

      The Organiser reserves the right to cancel or postpone the Event, or any part of the Event, on limited or no notice in the Organiser’s sole discretion. In the event of a cancellation or postponement of the Event, the Organiser shall not be responsible or liable for any costs, damages, fees, expenses incurred by Exhibitor or other compensation associated with the Event.
        • Table Exhibitor Package fees are non-refundable but credit-transferable to future events organised by the Organiser within 2 years in case the Event is cancelled by the Organiser.
        • Exhibitors can transfer their credit to events include but not limited to future HYPER JAPAN Festival or any other events including online events organised by the Organiser.
        • Exhibitor chooses not to exercises credit transfer under 14.1.1. and 14.1.2., the Organiser refunds Table Exhibitor Package fee less expenses incurred by the Organiser after 3 years.

      15. Filming

      Exhibitors agree for the Organiser to film and/or photograph any booth, promotions and events which take place.

      16. Intellectual Property

      The Service and its content, features and functionality are and will remain the exclusive property of the Company. Stills and video footage taken during the course of the Event belong to the Company and the Company may use this footage for whatever reason. The Service is protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. Our trademarks and may not be used in connection with any product or service without the prior written consent of the Company. Any copying of the Event materials (including any stills or videos taken during the course of the Event) or adaptation is strictly prohibited without the prior written permission of the Company.

      17. Governing Law

        This Agreement will be governed by English law and any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.