IBU Family Bazaar 2023 Vendor Terms & Conditions
Effective date: 24 May 2023
IBU Family Bazaar 2023 (Vendors)
1. The Vendor Application to the 2023 IBU Family Bazaar (“the Event”) will be reviewed, and once shortlisted, you will be notified before 15th June 2023 (“the Application”).
- Full payment must be paid within 5 days of said notice, failing which the Application will not be confirmed.
IBU Family Bazaar Organisers (“IBU”) reserves the right to allocate the table to another Vendor in the event that full payment is not completed within 5 days.
All booking and payment for the booths are non-refundable.
3. Spillover or sharing of table space is strictly prohibited.
4. Please bring your own tablecloths and decorative items.
5. AUTHORITIES APPROVAL
- You are not allowed to sell items that are not stated in the registration form.
You need to ensure that you have the necessary permits and/or licensing and follow any legal requirements or safety regulations when operating your business at the Event. If applicable, you shall be responsible for obtaining the necessary approval from the local municipal council and any other relevant authorities to conduct your business at the Event and you will comply fully with their requirements.
You shall indemnify IBU against all claims, actions, penalties or damages imposed by any authorities arising from any contravention of their requirements.
Any cancellation or restriction made or imposed by the authorities affecting your operation at the Event shall be entirely your liability.
6. Table allocation will be at IBU discretion. You must arrive at least 30 minutes before your allocated time. Late entries will be denied and no refunds allowed. Kindly ensure tables are cleared within 30 minutes after allocated time.
You indemnify and shall keep indemnified IBU and its respective officers, agents and employees against all claims, damages, liabilities, costs and expenses (including any reasonable legal costs and expenses) arising out of, in connection with, or incidental but not limited to:
Any breach by you of the terms and conditions herein
Any claim made relating to any equipment supplied by IBU
Any loss, theft or destruction of hardware and other tangible goods, or for any injury, including death to employees, agents, or representatives
Any damage of any nature for any action or mission by IBU
Any claims, injuries, or damages arising from the operation of your business
Any such claims, demands, or actions brought by third parties, including attendees, participants, or any other individuals, arising out of your actions, omissions, or negligence
8. You are solely responsible for your own exhibit material and products, and should insure equipment from loss and damage from any cause whatsoever.
9. Please ensure that your booths/counters are manned at all times to avoid theft. IBU and its agencies will not be held responsible for any loss or damage of items at your booth/counters.
10. IBU strongly encourages you NOT to leave any stocks, hardware and valuable items at the Event space overnight. Such items should be brought back by you or your crew/staff. However, IBU only maintains a general surveillance of the outer area of the booth/counters.
11. Please ensure that you follow strict sanitation practices, including regular cleaning of the Event area, handwashing facilities for attendees, and provide hand sanitizers.
12. DAMAGE TO PROPERTY – You shall be wholly responsible for any damage(s) caused within the premises of the shopping mall, directly or indirectly by the operation of the Event and if such damages occur, you shall be liable to pay for the repair and refurbishment of the damaged item, fixture or fittings.
13. All merchandise and display items must not be in direct conflict with KL Gateway Mall’s tenants’ merchandise mix unless prior approval is obtained from IBU. If a conflict of KL Gateway Mall’s tenant’s merchandise mix occurs, IBU is required to remove the conflicting item(s) immediately upon notice by IBU whether verbally or in writing. IBU will impose a penalty of RM500 per occurrence should you fail to remove the conflicting item(s)
14. Use of Common Areas, Public Walkways and Overhead Rigging – No signs, decorations, banners, logo projection, advertising matter or special exhibits will be permitted in the public walkways, overhead spaces and passageways without written consent from IBU.
15. EXCLUSION OF LIABILITY - Neither IBU nor any of its agents, affiliates, representatives, successors or assigns will be responsible for any loss or damages arising out of the performance or non-performance of its obligations under this Agreement, even if IBU has been notified of the possibility of such damage arising.
16. CLEANLINESS – IBU requires that you keep the Event area clean and free from dirt and rubbish and keep all trash in proper receptacles. Any failure on this part will be liable to a penalty. You are NOT allowed to post, display, affix, paint, place, or otherwise exhibit or install any signs, placards, banners, nameplates, posters, advertisements, etc. out of the area allocated to you and without the prior written consent of IBU. IBU reserves the right, where IBU sees fit, to relocate and/or remove any items that may be an obstruction to the traffic or the operation of businesses within the premise and billed to you for any charges incurred during removal of these items. IBU will not be held responsible for any damages occurred during the relocation/removal of any of these items.
17. DELIVERY AND REMOVAL
- You are to inform IBU in advance the arrival time of all bulky/heavy items.
You are required to provide your own manpower and appropriate equipment necessary for the proper transport, setting up and removal of your exhibits
You shall comply with IBU’s instructions as regards to suitable delivery / removal times, proper access routes and other safety measures deemed necessary by IBU
You shall ensure no dragging or haphazard throwing of the materials on the floor during setting up or dismantling stage. You are required to bring and use youtube own tools/equipment and ladders, etc during setup and tear down
To avoid scratches on flooring, you must provide protective covering (e.g. needle-punch carpet) when setting up partition/promotion booths without floor rubber studs
If scratches occur, you are liable for the polishing cost. If scratches are beyond repair, replacement cost of flooring will also be charged and payable by you.
All materials/ exhibits are to be brought in using the loading bay and the service corridor, unless prior permission is obtained from the licensor otherwise
All waste must be disposed at the main refuse chamber of the Shopping Centre and not in waste receptacles located around the shopping Centre. A penalty of RM500.00 will be levied for each occurrence of improper disposal
18. IBU will not provide any storeroom to the Event for storage usage unless a special arrangement is agreed and approved by IBU.
19. Eating/dine-in whatsoever is not permitted in the Event space. IBU reserves the right to stop any personnel having food if caught.
20. Covid-19 - All vendors and respective staff must adhere to the Malaysian Government's SOP
21. It is the responsibility of you and your representatives to adhere strictly to all guidelines issued by IBU for effective management of the event, failing which a penalty will be imposed upon you. The Penalty Charges List is available upon request.
22. TERMINATION – IBU have the right to terminate this Agreement immediately by providing written notice to you with no refund if:
- You are affected by an Insolvency event;
You commit a material breach of this Agreement;
You intent to terminate this Agreement less than 45 days prior to the Event and is unable to find a replacement within 24 hours' notice.
You engage in conduct that, in the reasonable opinion of IBU, reflects unfavorably on the goodwill, good name, reputation or image of the Event or the Management.
Event postponed/canceled within 14 working days before the Event date
You face any legal matter from any external party due to infringement of policies/contract/agreement
You fail to ensure cleanliness of the Event area at all times.
You fail to vacate after the Events ends as stipulated in the Agreement, IBU will impose a penalty of RM100 per day due to the delay in handover of the Event area
- IBU reserves the right to cancel, postpone or alter the dates or number of days of the Event at any time deemed necessary by IBU (unless under extenuating circumstances, IBU will endeavor to give advance notice) without being liable to you. IBU shall not be held responsible for any loss suffered by you directly or indirectly caused by the cancellation or postponement of dates for whatever reason whatsoever.
IBU reserves the right to vary, cancel, or determine the duration or relocate your space to another location whenever IBU deems necessary with seven (7) days written notice to you.
24. COPYRIGHT LICENSE FOR: SOUND RECORDINGS, MUSIC VIDEO AND/OR KARAOKE
If applicable, you are required to apply for a Copyright License directly from Public Performance Malaysia Sdn Bhd (formerly known as Phonographic Performance Malaysia Sdn Bhd) for public performance and commercial rentals of all sound recordings, music videos and/or karaoke. Failure to do may render you/ your organization/company liable for infringement of copyright law. A copy of the above said license should be submitted to IBU for the reference and filing. IBU shall not be held liable should the authorities pursue any legal penalties, fines or proceeding against you/ your organization/company involved in such infringement. You shall indemnify IBU due to your non-compliance.
If applicable, you shall be responsible for compliance with all applicable laws, regulations, and permits related to the sale and service of alcohol. You shall take necessary precautions to prevent underage drinking, overconsumption, and any resulting injuries or damages.
26. GRAPHICS AND SOCIAL MEDIA
- You agree to exclusively use graphics or images provided by the IBU’s Marketing Team for your social media promotions or shout outs related to the Event. You shall not publish or use any graphics or images on your social media platforms or instant messaging without the explicit written consent and provision of such graphics or images by IBU's Marketing Team.
IBU’s Marketing Team shall provide you with the approved graphics or images for social media promotion within a reasonable time frame prior to the Event. You shall strictly adhere to using only these provided graphics or images and shall not modify or alter them in any way, including but not limited to resizing, cropping, adding filters, or overlaying additional elements.
You acknowledge that the graphics or images provided by IBU’s Marketing Team are the exclusive property of IBU and are protected by intellectual property laws. You shall not claim ownership or authorship of these graphics or images, nor shall they transfer or sublicense them to any third parties.
In the event that IBU’s Marketing Team updates or provides new graphics or images during the course of the Event, You agree to promptly cease using any previous graphics or images and replace them with the updated or newly provided ones.
Any unauthorized use, modification, or distribution of IBU's approved graphics or images by you may result in legal action and the termination of your participation in the Event, without any liability on the part of IBU.
27. FORCE MAJEURE
- If the Event area or any part there of shall be destroyed by fire, lightning, riot, civil commotion, tempest, war or any unforeseen cause so as to become unfit for occupation or use, IBU shall not be bound or compelled to rebuild and reinstate such part of the Event Area
Neither Party will be liable to the other for any breach or failure to perform any of its obligations under this Agreement where such breach of failure is cause directly or indirectly by war, civil commotion, hostilities, strikes, lockouts, acts of God or any cause of causes beyond that party's reasonable control. Should either party is or is likely to be, affected by such cause, it will immediately notify the other party of the occurrence of the relevant event and will use all reasonable endeavors to overcome or mitigate the effects thereof
IBU reserves the right to change or modify any of the Terms and Condition herein or any policy or guideline of the Websites, at any time and in our sole discretion.
All Terms and Conditions of IBU Family Resource Group Website are applicable herein.