GECO - Foire italienne virtuelle sur la durabilité
GECO Regulations
Whereas
The GECO trade fair will be held between 01 and 04 March 2022. GECO is the Italian virtual trade fair born with the aim of relaunching the national industry and giving particular attention to key themes of sustainability, valuation of the Italian territory, sustainable tourism, circular economy, ecofood, the new challenges of mobility and energy, and the presentation of the new trends and technologies linked to previous listed sectors (“Fair”).
The Fair will be managed and organised through a virtual platform that reproduces the environment of a trade fair that is highly immersive, customizable and interactive. Within this, visitors and exhibitors, creating their own avatars on the platform referred to in art 3 below, will be able to move freely within the Fair virtual space, visit the virtual stands and areas, and interact taking part in various activities such as webinars, meetings, workshops, round tables and use the integrated e-commerce facilities.
Smart, owner of the “gecoexpo.com” website, intends to promote the Fair providing the relevant virtual environment to allow the Fair to be held. In particular, the aforementioned website allows exhibitors to purchase and organise their own virtual stands and visitor/buyer to access the virtual environment using their own credentials for the visit of the virtual places.
This document sets out the terms and conditions relating to the functioning of the Fair (“Regulation”).
Art. 1 – Recitals and Annexes
The recitals and annexes form an integral and substantial part hereof.
Art. 2 – Scope of the Fair
2.1. The Fair’s aim is to promote products and / or services related to the Italian tourism industry throughout the national territory through the consideration of sensitive issues such as environmental sustainability, the enhancement of the Italian territory, the promotion of sustainable tourism, circular economy, ecofood, the increased awareness of new challenges in terms of mobility and energy, the presentation of new trends and new technologies related to the listed sectors (“Scope“).
2.2. Pursuant to this Regulation and in line with the Scope, exhibitors and / or public or private companies, based in Italy and / or abroad, belonging to professional categories operating in the tourism, energy and sustainable mobility sector are admitted to the Fair, by way of example only these are Institutions, Promotion Organizations, Tour Operators, Carriers, Transporters, Technology companies, Infrastructure companies, providers of Accommodation, Services, Sustainable Tourism, Wellness, Culture and Leisure, productors and suppliers of the food chain, MICE, Training and Media companies, companies involved in circular economy development, which are deemed suitable at the sole discretion of Smart Eventi S.r.l.
2.3. Pursuant to this Regulation third parties will also be admitted to the Fair if they are interested in visiting the same (“Visitors”) or in buying products/services which are uploaded virtually to the platform as better described in art. 3 below by the exhibitors (“Buyer”), who will in any case, in order to take part, need to register on the platform according to the procedure as better specified herein.
Art. 3 – Organiser – Place – Date of the Fair
3.1. The Fair is organised by Smart Eventi S.r.l., with registered office in Viale Abruzzi, 37 – Milan – VTA number 06997310963 (“Smart”). The Fair will be held between 01 – 04 March 2022 through a platform that can be reached through a link that will be placed online at least 15 days before the start of the Fair on the website www.gecoexpo.com (“Platform”).
3.2. The Platform allowing virtual access to the Fair will be operational from 9.30 on 01/03/2022 to 23.00 on 04/03/2022. Virtual access is allowed both to operators in the sector and to the general public upon registration and acceptance of the terms and conditions for the protection of privacy in accordance with the provisions of Regulation EU 2016/679 – General Data Protection Regulation (“GDPR“).
3.3. Smart will allow exhibitors to purchase and organize their own virtual stands on the Platform which will allow them to contact Visitors and / or Buyers through various initiatives, permitting them to interact simultaneously. In particular, the Platform will allow Visitors and Buyers to make virtual visits to the stands within the Fair, to meet and conclude business with one another virtually, and to interact.
3.4. The exhibitors will be able to customize their virtual stands and access them by creating a profile at the time of registration, with a username and password. Visitors and Buyers will be able to access the Fair by registering on the Platform.
3.5. Smart undertakes to perform the activities within its competence in a professional manner and with the degree of care and diligence in line with industry standards. It is however understood that Smart will not be held liable in the event that exhibitors, Visitors, or Buyers use the Platform and the services provided therein in violation of the instructions issued by Smart and / or make any changes / alterations to the Platform or the services without Smart’s consent.
3.6. Smart makes no guarantee that the use of the Platform and the services relating to the Fair by exhibitors, Visitors or Buyers will be without interruption or errors, nor that the services will satisfy the needs of the exhibitors, Visitors or Buyers, or that the same function in line with their expectations.
3.7. Smart will not be liable for any delays, breakdowns and any other loss or damage deriving from the transfer of data over communications networks and structures, including the internet, and the exhibitors are aware that he services may be subject to limitations, interruptions, delays and other problems resulting from the use of such communications structures.
3.8. Exhibitors, Visitors and Buyers accept and acknowledge that Smart cannot be held liable for any loss, destruction, alteration or dissemination of the data relating to the exhibitors, save in cases of malice or fraud (dolo or frode). Further, Smart cannot be held liable for the virtual contents uploaded to the Platform and in the ambit of the Fair or for any material or contents uploaded or provided by the exhibitors, sponsors or third parties. The exhibitors will hold harmless and indemnify Smart in relation to any damages suffered by it as a result of said contents.
3.9. The exhibitors will designate, providing the relevant name to Smart in writing, a person to act as the main contact for any exchange of information between the exhibitors and Smart. The exhibitors will use the Platform for the sole purpose of taking part at the Fair and not for any other purposes/aims. The exhibitors will inform Smart of the theme and issue that they intend to develop, as well as the type of public to which they intend to address themselves, and Smart, at tis sole discretion, will be entitled to refuse certain themes, issues or public.
3.10. The exhibitors will make every reasonable effort not to access, store, distribute or transmit any malware on the Platform or to disseminate any type of material that: (i) is illegal, harmful, threatening, defamatory, obscene, violent, harassing or offensive in racial or ethnic terms; (ii) facilitates illegal activity; (iii) contains sexually explicit images; (iv) promotes violence; (v) discriminates based on race, sex, skin colour, religious belief, sexual orientation, disability or any other illegal activity; (vi) causes damage or injury to any person or property or, to the best of its knowledge, violates the rights of Smart or any third party.
3.12. Smart reserves the right, without liability towards exhibitors, to disable, at its discretion, at any time and with immediate effect, the access of exhibitors to the Platform and to any content that violates the provisions of this clause.
3.13. As far as regards the Platform and its contents / data, exhibitors warrant that: (i) they will not behave in a way that could endanger the correct functioning and safety of the Platform; (ii) they will not use the Platform in view of the development of a product or service competing with Smart; (iii) they will not use the Platform in any way that may violate any applicable law or regulation; (iv) they will not use the Platform in a manner damaging Smart’s reputation.
3.14. The exhibitors undertake at all times to respect Smart’s policies and procedures relating to the Fair, including, by way of example only, the Privacy Policy as indicated on the Platform, which are to be considered as an integral part of this Regulation.
3.15. All communications relating to the Fair, the exhibitors, visitors, participants, sponsors and any other party must mention Smart, which will be entitled to use the exhibitors’ virtual environment and their names in the refence list for marketing purposes.
3.16. Throughout the period of the Fair, Smart will grant the exhibitors a non-transferable right, limited in time and on a non- exclusive basis, to access and use the Platform for the sole and exclusive purpose of taking part in the Fair through virtual stands assigned to them.
3.17. The exhibitors grant Smart a non-exclusive licence to use all the materials, information and data provided pursuant to these Regulations for the duration of the Fair.
3.18. Throughout the Fair and pursuant to the terms and conditions contained herein, Smart and the exhibitors reciprocally grant one another a free non-exclusive, non -transferable licence which may not be sublicensed, to use, reproduce, and visualise publicly the business names, trademarks, service marks, icons, symbols and logos (“Marks“) of the other party solely in order to comply with the obligations contained herein.
3.19. Smart reserves the absolute right to change the time and dates of the Fair.
Art. 4 Admission of Exhibitors – Registration – Deposit
4.1. Italian and foreign businesses whose business falls within the Scope, are eligible to exhibit at the Fair using the Platform le (“Exhibitors”). Admission to the Fair is subject to:
(i) the correct completion on line of the Purchase Form by the Exhibitors;
(ii) acceptance by Smart of said Purchase Form as duly completed by the Exhibitors.
4.2. The publication of all any product or service that is not related to the Scope of the Fair is prohibited.
4.3. Admission to the Fair and the resulting attribution of the virtual stand will take place according to the availability of the virtual exhibition spaces on the Platform in the specific sectors, and taking into account the type of services and products on exhibitions and the marketing and production characterises of the businesses. Smart will be entitled to refuse purchases by Exhibitors who are in any way debtors of Smart or that are in an economic / financial conditions such as to lead Smart to reasonably consider that there is a risk of insolvency or crisis of said Exhibitors.
4.4. Smart reserves the right to refuse and/or revoke the admission to the Fair when it considers, at its sole discretion, that the applicant does not meet the necessary requisites of suitability. In that case Smart is not required to ground its decisions. The refusal and/or revocation of admission will not give rise to any right to the part of the applicant to damages, including for loss of profits, or interest.
4.5. The Purchase Form must be duly completed online with all details requested and acceptance of Privacy disclaimer.
4.6. The charge for the participation at the Fair and the purchase of the virtual stands, subject to VAT at the applicable rate, are show on the exhibitors price list.
4.7. At the time of completing online and acceptance of the Purchase Form, the Exhibitor must – failing which the purchase will be deemed inadmissible – make payment in the amount calculated on the basis of the following criteria:
i) a deposit of 50% of the overall sum due at the time of submission of the Purchase Form, ;
ii) balance within and not later than 15/02/2022.
Payment may be made by bank transfer in favour of SMART EVENTI S.r.l. using the following bank coordinates: Banco BPM S.p.A. – Branch 25 – IBAN: IT03Y05034 01606 000000006474 BIC/SWIFT: BAPPIT21A46 – payment description: GECO 2022. Bank charges connected with the bank transfer will be borne by the Exhibitor.
If the Purchase Form is not accepted by Smart, for any reason, the payment made will be returned to the Exhibitor.
Art. 5 – Services included in the participation charge
5.1 Virtual exhibition area
The participation charge includes the following services:
– virtual assignment of the stand number;
– technical assistance for the Exhibitor on the Platform throughout the period of the Fair and during the virtual configuration of the stand and all the services indicated in the exhibitors price list base don’t he type of stand selected;
– registration and publication of the Fair website;
– 1 online agenda to schedule appointments with Buyers in the manner better identified at art. 12 below.
5.2. The technical details of the virtual exhibition stands can be seen in the “exhibitors price list” and “stand configuration” received following the submission of the Purchase Form.
Art. 6 – Acceptance of the Regulation
In accepting the Purchase Form duly completed online in all its parts, the Exhibitor irrevocably and unconditionally accepts this Regulation, and all the additional instructions that may be issued, at any time, by Smart in the interest of Fair. The Exhibitor further warrants that it is aware of the contents of Legislative Decree 231/2001, undertaking to refrain from any conduct that might constitute crimes referred to in said Decree.
Art. 7 – Waiver of Participation and Penalty
If the Exhibitor intends waive its participation at the Fair, it may withdraw on written notice sent to Smart by certified email to the following address: smarteventi@messaggipec.it within 15/12/2021. In this case, Smart will be entitled to withhold the deposit received together with any other sum previously paid by the Exhibitor, as compensation. Smart will be entitled to claim as a penalty the full amount due contractually, as well as the damages that Smart and / or the Fair may suffer as a result of the waiver. In the event of waiver, Smart reserves the right to proceed with the virtual assignment of the stand to another Exhibitor, without any such subsequent assignment precluding or limiting its right to the compensation due in the amounts as defined above.
Art. 8 – Industrial and Intellectual Property
8.1. For the purposes hereof, “Intellectual Property Rights” means all intellectual property rights, including copyrights, trademarks and service marks, trade names, logos, inventions, trade secrets and know-how, registered designs, design rights, patents, database rights, domain names, all rights of any kind on software and computer data, all intangible rights and privileges of a similar nature , worldwide and regardless of whether the same are registered or otherwise.
8.2. Smart acknowledges and accepts that the Exhibitor is the owner of all rights, title and interest in the trademarks in all materials and/or products uploaded to the Platform for the purpose of its participation at the Fair.
8.3. The Exhibitor acknowledges and accepts that Smart is the owner of all Intellectual Property rights, titles and interests in the Platform, as well as any further development thereof, any product produced and / or created by Smart, in any form, in the context of the Services provided by these Regulations or relating to the Fair (including, but not limited to, ideas, concepts, processes, methods, techniques, suggestions, developments, agreements, projects, packages, programs, promotions and other intellectual property), and all intellectual property rights incorporated therein. This Regulation do not imply the transfer of any Intellectual Property Rights of the Exhibitor.
8.4.The Exhibitor undertakes not to display any product / service at its virtual stand which was the object of an intellectual property dispute resulting in an unappealable decision against the Exhibitor, and in any case not to display brands, signs, or ornamental designs of which it is not the owner and/or does not hold a use licence or grant of exploitation rights. By completing the Purchase Form, the Exhibitor assumes all criminal and civil liability for items virtually displayed at the stand – holding harmless Smart – should other parties claim industrial and / or intellectual property rights in items virtually exhibited. The Exhibitor also assumes the burden of verifying whether within the Fair its rights are infringed by other Exhibitors, and undertakes not to make any claim as against Smart relating to any damage caused by the violation of the provisions of this paragraph. In any case, Smart reserves the right to eliminate the virtual space of the assigned stand at the expense of the Exhibitor, if the Exhibitor breaches the provisions of this article.
Art. 9 – Online Catalogue and Advertising Materials
9.1. Smart prepares and circulates advertising materials relating to the Fair before, during and after the Fair itself. Smart will make available to the Exhibitor the list of the online Exhibitors.
9.2. Upon accepting this Regulation, the Exhibitor consents to the provision of the service and to the use by Smart of its data. The inclusion of data and types of goods for the online list of Exhibitors, will be carried out by the owner of the stand, through an online procedure; to said end, Smart will send the access credentials to it which will permit the inclusion of the data. The online list of Exhibitors at the Fair will contain the anagraphical details of the duly registered Exhibitors whose purchases were received within 12/10/2020. Smart will not be liable for any omission, erroneous indications and/or descriptions, printing errors and/or publication errors regarding Exhibitor information.
Art. 10 – Round Table and Smart Talk
The virtual attendance at round tables (meaning debates and/or discussions with operators int he sectors on issues inherent to the Scope of the Fair) and smart talk (meaning the sharing of some business cases relating to the Scope of the Fair that will be selected in advance by Smart at its sole discretion) organised over the Platform by Smart during the Fair is open to Exhibitors, Visitors and Buyers subject to registration, and up to the maximum total number of available spaces .
Art. 11 – ‘Booked’ online agenda online appointments service
Smart will provide virtual stand holders with the appointment service via the online ‘Booked’ agenda. ‘Booked’ is an IT system that manages the requests for virtual appointments during the Fair between Exhibitors and Buyers. The service provides the above subjects with an agenda that consists of a predetermined number of appointments selected by the Exhibitor.
Art. 12 – Additional promotional services
Following the virtual assignment of the stand to the Exhibitor, the Exhibitor may take advantage of the promotional services which can be requested through the Platform (such as for example: special banners to increase visibility during the Fair, promotional launch messages during the event sent to all participants, advertising overlay during streaming, exclusive webinars, etc.). The services available on the portal are not included in the participation rates referred to in art 5 above. The cost of these for services and other activities due to Smart must be paid for at the time of booking.
Art. 13 – No Assignment
13.1. The Exhibitor may not assign in whole or in part – including free of charge – the virtual stand assigned to it, without prior written consent for Smart (assignment for the purposes hereof includes the case in which he Exhibitor intends to upload at its assigned stand the banner pertaining to different businesses and/or companies). Violation of this prohibition will result in the Exhibitor’s and the assignee’s exclusion from the Fair to which the assignment refers, from any subsequent edition of the Fair, and from any other fair organised by Smart. Smart further reserves the right to immediately cancel the virtual stand assigned, charging the relevant costs, jointly and severally, to both companies involved in the assignment.
13.2. It is understood that one the Exhibitor has been cancelled; the relevant stand may be reassigned freely by Smart to other Exhibitors.
Art. 14 – Cancellation of Stand
Following the end of the Fair the stands and all the materials uploaded online will be deleted at the latest within [∙] days from the end of the Fair.
Art. 15 – Copyright – Performances – Music
The Exhibitor will be solely and exclusively liable for the youtube audios and videos, banners, brochures, catalogues, products, services and any other material uploaded (“Materials“) to its virtual stand and undertakes to hold Smart harmless in respect of any request for payment of penalties, damages or sums of any nature deriving from any violations or the contents of the above-mentioned Materials.
Art. 16 – Force Majeure and Exclusion of Liability
16.1. In case of force majeure (including cases that are the direct or indirect consequence of the Coronavirus or Covid19 pandemic existing at the date of signature of this Regulation or which are not due to Smart, Smart will be entitled to change the date of the Fair and/or cancel the same in whole or in part. In said case: a) Smart may use, without any obligation to return the same, the sums paid by the Exhibitors to satisfy its obligations to third parties to cover the costs of organisation, including partial, for whatsoever reason the same were incurred; and b the Exhibitors will have no claim against Smart, by way of damages or otherwise, including loss of earnings.
16.2. Smart, if on 20/01/2021 the turnover resulting from the registration of exhibitors is not economically viable for the continuation of the organization of the fair, at its discretion may decide to change the dates of the fair or cancel it totally or partially. In case of total cancellation of the fair, it is understood that (i) nothing will be due for any reason, even for loss of earnings, from Smart to the exhibitors, even with reference to exhibitors who have already joined the fair and that (ii) any sums already paid by exhibitors for participation in the fair will be returned.
To the extent permitted by law, the Exhibitor, at its own care and expense, will indemnify and hold harmless Smart and its directors, officers, employees, consultants, affiliates and agents (jointly, “Indemnification”) from and in respect of any legal action, claim, proceeding, claim relating to damages, payments, deficiencies, fines, judgments, transactions, liabilities, losses, costs and expenses (including, but not limited to, reasonable lawyers’ fees, experts’ costs and fees, penalties, interest and disbursements) arising from or relating to any claim (including third party claims), cause, action or proceeding caused by, arising from, or attributable to: (i) any violation or alleged violation of these Regulations by the Exhibitor (including, but not limited to, any breach or alleged breach of any representations or warranties); (ii) any negligent or wilful action by the Exhibitor and by any party acting on behalf of the Exhibitor; or (iii) any material, information or data provided by the Exhibitor to Smart.
Art. 18 – Applicable Law and Competent Court
18.1. This Regulation is subject to the laws of Italy.
18.2. Any dispute relating to or connected with the Pur Form and/or this Regulation will be subject to the sole jurisdiction of the Court of Milan.
