Terms and Conditions

01.  Terms of Reference

For the purposes of the terms and conditions herein, the terms:

  • "Organiser" shall mean Bursa Malaysia Derivatives Berhad.
  • "Conference" refers to the emPOC2023 Conference and Exhibition.
  • "Conference Date" refers to 4 – 5 September 2023.
  • "Conference Venue" refers to the Imperial Hotel Kuching, Sarawak.
  • "Exhibitor" refers to any company, its employees and agents who have been approved by the Organiser and allocated an exhibition space at the Conference.
  • "Exhibition Fees" refers to the fees payable for the Exhibition as indicated in the Exhibition booth form.

02.  Application as an Exhibitor

The submission of the Exhibition booth form (“Form”) shall be deemed as acceptance of these terms and conditions by the applicant.

The application procedure is complete only when the Form and full payment of the Exhibition Fees are received by the Organiser. Deadline for submission of the Form is 1 August 2023.

The Organiser reserves the right to refuse any application and shall give the applicant notice in writing on the reason for the refusal of the application within 10 days from the date of such refusal.

Exhibitor Representative

The Exhibitor must name a single point of contact that will be responsible for all administration relating to the Exhibition at the Conference.

03.  Exhibition Fees and Payment

Payment of the Exhibition Fees must be made in full upon submission of the Form. If the Exhibitor does not make full payment upon submission of the Form, the Exhibitor is deemed to have voluntarily withdrawn its application and the Organiser may cancel/terminate any exhibit space held for the Exhibitor.

Payment may be made by corporate/company cheque or bank draft made payable to BURSA MALAYSIA DERIVATIVES BERHAD. Payments made by way of telegraphic transfers are also permissible. However, a copy of the bank-in slip for payment made by way of telegraphic transfer must be emailed over to the Organiser at [email protected] as proof of remittance.

Details of Bank Account:

Account Name: BURSA MALAYSIA DERIVATIVES BERHAD

Malayan Banking Berhad

Account No: 5-14012-01240-3

Menara Maybank

100, Jalan Tun Perak

50050 Kuala Lumpur

SWIFT Code No: MBBEMYKL

For avoidance of doubt, the Exhibition Fees excludes all applicable taxes including withholding tax which is to be borne by the Exhibitor.

04.  Allocation and Use of Exhibition Space

  1. Availability and allocation of space is on a first-come-first-served basis. Whilst reasonable efforts will be made to accommodate the request of the Exhibitor, the Organiser reserves the right to alter or change the booth allocation when deemed necessary in the general interest of the Conference without prior notice. Exhibitors are required to adhere to the terms & conditions in the emPOC2023 Exhibitor Manual. A copy of the Manual will be provided upon confirmation of participation.
  2. The Exhibitor shall not assign, sublet, or share the space allocated or use any space at the Conference Venue other than that allocated without the prior written consent of the Organiser.
  3. All activities must be confined to the allocated space.
  4. No Exhibitor shall be permitted to exhibit unless he has paid all Exhibition Fees to the Organiser prior to the Conference.

  5. emPOC2023 Exhibition Opening Hours

    The Exhibition opening hours are as follows:

    Dates Opening Hours
    4 September 2023 5:00 pm – 9:00 pm
    5 September 2023 8:00 am – 6:00 pm

    Exhibitors are required to be at their respective booths at least 15 minutes before the start of the Exhibition. Booths must always be manned and be easily accessible during the opening hours of the Exhibition. The Organiser reserves the right to change the Conference Date and/or times and the Conference Venue. Exhibitors will be notified of the changes.

05.  Cancellation

  1. All cancellations must be in writing. Once a written cancellation is made, any refund of the Exhibition Fees to the Exhibitor will depend on the time the cancellation is made as follows:
    • On & before 1 August 2023: Refund of 50% of Exhibition Fees (Exhibition Fees less 50% as compensation for cancellation) and if applicable, less any third party charges incurred by the Organiser resulting from such cancellation.
    • After 1 August 2023: No refund
  2. The Exhibitor is responsible for paying any third party charges incurred by the Organiser resulting from any cancellation.
  3. The Exhibition may be cancelled by the Organiser for any reason, which in the opinion of the Organiser, is commercially prudent to do so and/or due to circumstances beyond its control. In such an event, the Exhibition Fees paid by the Exhibitor will be refunded to the Exhibitor. The Exhibitor shall respond to the Organiser’s request for any information required to facilitate the refund process within the deadline stipulated in the refund communication. Failure to respond with complete information requested by the Organiser within the given deadline will result in the waiver of any right to initiate or pursue a claim related to the refund. The Exhibitor further agrees that under these circumstances, the Exhibitor will have no further claim against the Organiser.

06.  Transport of Exhibits

  1. The Exhibitor shall bear the responsibility and expenses for the transport of exhibits to the Conference Venue.
  2. The Exhibitor shall make its own arrangement for storage and warehousing for its exhibits and packaging materials before, during, and after the Exhibition.
  3. The Exhibitor shall remove its exhibits and decorative items from the Conference Venue within the period stipulated by the Organiser and shall indemnify the Organiser for any loss and damage suffered by the Organiser as a result of delay or damage to the Conference Venue caused by the exhibits and/or decorative items.
  4. The Exhibitor shall abide by all customs formalities and bear applicable taxes in respect of their exhibits and materials brought into the country before and after the Conference.
  5. Storage facilities for Exhibitors will be made available at the Conference Venue. Please contact the Conference Venue for further details regarding delivery.

07.  Undesirable Activities

The goods displayed during the Conference must be those used during the normal course of business only. Sales by auction are prohibited. Betting, gaming, and other activities that will or may violate alcohol, music, dancing, and similar licenses or other permissions relating to the Conference Venue are prohibited.

08.  Change of Conference Dates, Speakers, Programme Content and Venue

The Organiser reserves the right to change the Conference Date, speakers, programme content, and the Conference Venue should circumstances so require.

The Organiser, its subcontractors, agent, and/or employees have the right to immediately alter or cancel the Conference or any arrangements, timetables, plans, or other items relating directly or indirectly to the Conference.

Save for as set out in Clause 5(c) above, the Exhibitors shall not be entitled to any compensation for damages that result from such alteration or cancellation.

09.  Force Majeure

The Organiser shall not be liable for any delay or failure to perform its obligations under the terms and conditions herein caused by circumstances beyond the control and without the fault or negligence of the Organiser including war (declared or undeclared), natural disaster, acts of God, fire, blockades, earthquakes, acts of terrorism, and matters beyond the Organiser's reasonable control.

The Exhibitor agrees that under these circumstances, the Exhibitor will have no further claims against the Organiser.

10.  Security

The Exhibitor warrants that nothing which it, its employees, or agents shall do in or for the Conference shall contravene any law or regulations, encroach upon third parties' rights, or pose any exceptional danger or risk which has not been previously disclosed to the Organiser with sufficient precautionary measures taken.

11.  Fire Prevention and other Regulations

All exhibits, materials, and fittings used or displayed in the stand must be properly fire-proofed and be in accordance with all applicable fire prevention and building regulations. The Exhibitors' display shall not obstruct the view of other Exhibitors, cause any annoyance or nuisance to other Exhibitors, and shall not be in any manner objectionable to the general interest of the Conference and other Exhibitors.

In the event of a breach of the above requirement by the Exhibitor, the Organiser reserves the right to issue such directions to the Exhibitor as it may deem necessary to remedy such breach. The Exhibitor shall comply with such directions forthwith.

12.  Electric Lighting and Power

All orders for electrical works must be placed with the contractor appointed by the Organiser for works relating to the Conference ("Official Contractor"). The Exhibitor is responsible for settling any payments directly to the Official Contractor. Lighting must be still lights (i.e., non-flashing lights), and direct lighting must be shielded to avoid causing a nuisance.

13.  Exhibitor Passes

Each 3 x 3 m booth will entitle the Exhibitor to 2 exhibitor badges, and each 6 x 3 m booth will entitle the Exhibitor to 4 exhibitor badges, to be worn by the booth personnel. The badges will allow them access to the Welcome Reception, lunches, and coffee breaks.

Exhibitors must wear badges at all times, which will be provided by the Organiser free of charge. The Exhibitor must provide the names of personnel requiring badges by 1 August 2023.

The Organiser reserves the right to refuse admission or remove the Exhibitor and/or any of its personnel, including the booth personnel, from the Exhibition at its absolute discretion, without incurring any liability whatsoever. This will include anyone deemed drunk, disorderly, under the influence of drugs (other than that medically prescribed), or whose dress appearance or general behaviour is liable to disrupt any Exhibitor or persons attending the Exhibition.

14.  Noise Level

Noisy or obstructive work and noisy operating displays or exhibits are not permitted.

15.  Access to the Exhibition Area

Exhibitors will be permitted to have access to the Conference Venue and their allocated exhibition booth from 12:00 noon on 4 September 2023 for set-up.

16.  Health and Safety

In light of ongoing concerns regarding COVID-19 and communicable health risks more generally, the Organiser may implement health and safety protocols appropriate to the public health circumstances and requirements of the Conference Venue, existing at the time of the Conference. Such protocols may include, but are not limited to, the following requirements: proof of full vaccination, proof of COVID-19 status, self-monitoring, symptom checkers, contact tracing, use of face masks, or other similar measures. Compliance with such protocols, as well as all laws, regulations, and guidelines with regard to public health, is mandatory for in-person attendance and participation at the Conference. Additional information regarding the specific health and safety measures, and any necessary consents from Exhibitors, will be communicated and obtained from Exhibitors prior to or at the start of the Conference.

17.  Personal Data Protection

The Exhibitor shall comply at all times with the Personal Data Protection Act 2010 (PDPA) and procure its employees to comply with the provisions of the PDPA as a data user or, where relevant, as a data processor (as defined in the PDPA). The Exhibitor shall not perform its obligations under this Agreement in such a way as to cause the Organiser to breach any of its applicable obligations under the PDPA. Where necessary, the Exhibitor shall obtain from its employees, agents, or contractors the necessary consents or provide the necessary notifications required under the PDPA to enable the Organiser to use any personal data.

18.  Indemnity and Limitation of Liability

  1. Indemnity

    The Exhibitor shall indemnify the Organiser against any loss, costs, damage, injury, expenses and liabilities whatsoever which the Organiser incurs in respect of loss, destruction or damage to property which arises directly or indirectly out of the participation in the Exhibition by the Exhibitor or its agents, contractors, employees or any other person for whom the Exhibitor is responsible.

  2. Limitation of Liability

    The Organiser, its agents and employees shall not be liable for any loss, damage or injury whatsoever, howsoever arising from or in connection with the Exhibitor’s participation in the Conference including theft, damage or injury to any persons or any property during the course of the Exhibition.

19.  Venue and Venue Property

The Exhibitor shall take all necessary precautions to prevent any harm done to the Conference Venue and property of the Conference Venue. The Exhibitor is liable to compensate the Organiser for any damage done to the Conference Venue or property of the Conference Venue.

20.  Admittance

The Organiser reserves the right to refuse admission to any person including the employees and/or agents of the Exhibitor to the Conference Venue and shall inform the Exhibitor of the reason(s) of such refusal.

Exhibitors shall immediately notify the Organiser if any of their employees and/or agents at any time while attending the Exhibition or within seven (7) days of attendance at the Exhibition experience symptoms of COVID-19, including, without limitation, fever, cough or shortness of breath, or have a suspected, diagnosed, or otherwise confirmed case of COVID-19. Exhibitors acknowledge that the Organiser may take the temperature of their employees and/or agents, or perform other appropriate tests, including, without limitation, requiring the administration of a COVID-19 test, which are designed to protect the health and safety of the attendees of the Conference. The Organiser has the right to remove any employee and/or agent of an Exhibitor from the event for any safety reasons or any such employee and/or agent refuses any safety screenings or procedures.

21.  Venue Regulations

Exhibitors shall abide by the rules and regulations of the Conference Venue. Failure to comply with the rules and regulations will constitute breach of this Agreement. Kindly refer to the Exhibitor Manual for such rules and regulations.

22. Breach of Agreement

In cases where the Exhibitor fails to observe and/or perform any of the terms of this Agreement, the Organiser reserves the right to:

  • Terminate this Agreement with immediate effect; and
  • Forfeit all payment made by the Exhibitor.

23. Interpretation, Governing Law and Jurisdiction

Interpretation of the terms and conditions herein lies solely with the Organiser. The terms and conditions herein shall be governed by and construed according to Malaysian law. The parties hereby agree to submit to the exclusive jurisdiction of the Malaysian courts.

24. Successors in Title and Lawful Assigns

The terms and conditions herein shall be binding upon the parties, its successors in title and lawful assigns.