(Updated April, 2022)
GSMA Ltd., with its principal place of business located at 165 Ottley Drive, Suite 150, Atlanta, Georgia, 30324, United States, a wholly owned subsidiary of the GSM Association, welcomes you to MWC Shanghai 2021 that will run from 29 June – 1 July 2022 (the “Event“). The Event will take place at the Shanghai New International Expo Centre and Kerry Hotel Pudong, Shanghai, China (collectively hereinafter referred to as the “Venue”).
Acceptance of the Terms & Conditions
GSMA Ltd. and its affiliates (together “GSMA“) provide the Event to you, your employees, agents, and contractors, and any other entity or person on whose behalf you accept these terms (collectively “You”). These terms are entered into by and between GSMA and You, and You accept them and agree to be bound by them by: (a) signing up for an account on this website; or (b) registering for the Event via this website; or (c) accepting an invitation to the Event; or (d) consenting to a 3rd party registering You for the Event; or (e) by ordering other goods or services via this website; or (f) using the website; or (g) by attending the Event. Activities (a) through (g) will be hereinafter collectively referred to as the “Registration Activities”).
Applicable Terms and Conditions
The Primary Terms set forth here apply to all Event activities. You are subject to the General Attendee Terms set out below and the relevant Supplementary Attendee Terms dependant on the pass type you have selected below (collectively the “Terms“).
Please click the link for your pass type below to view the relevant supplementary attendee terms:
If You are registering on behalf of your employer or a third party, You represent and warrant that You are at least 18 years old and are authorised to accept these Terms on behalf of each person that you register, and that each person you register agrees to be bound by these terms and agrees to indemnify GSMA for violation of these Terms. You also represent and warrant that you have registered to attend the Event having only used a registration code that you are actually authorised to use.
GSMA Ltd., the Event organizer, is a United States based organization that must comply with U.S. sanctions law. You represent and warrant that neither You, nor any person or entity for whom You are registering: (i) are currently on the U.S. Department of the Treasury’s Office of Foreign Assets Control Specially Designated Nationals and Blocked Persons List (including terrorists and narcotics traffickers) (the “OFAC List”); (ii) are affiliated with any entity or organization on the OFAC List; nor (iii) are on any similar restricted party listings, including those maintained by other governments pursuant to applicable United Nations, regional or national trade or financial sanctions. If You or any person, entity or organization with which you are affiliated are added to any such restricted party list prior to Your arrival date, then You must notify GSMA immediately. The OFAC List is located here: http://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx. GSMA utilizes World-Check to process Your data to validate compliance with U.S. and other international sanctions laws. GSMA may cancel and/or terminate these Terms and Your access to the Event and/or Services without penalty or liability if GSMA reasonably believes it is necessary to do so in order to comply with our obligations under such applicable laws or regulations, including if You are added to any restricted party listings. Cancellation and/or termination under this provision will result in forfeiture of all fees paid by You, in conformance with U.S. sanctions law.
Please note that the Event environment may not be suitable for minors. However, the GSMA acknowledges that there may be circumstances in which a guardian has to bring an individual younger than 16 years of age (a “Minor”) to the Event in the absence of adequate childcare. Any guardian desiring to bring a Minor to the Event must sign a waiver and release of liability prior to entering the Event Venue. The guardian must also accompany the Minor at all times and is responsible for ensuring both the Minor’s safety and the Minor’s compliance with these Terms. Guardians are asked to help maintain a professional, disturbance free environment. For safety reasons, Minors are not permitted entry to the Event venue during build-up and dismantling. No exceptions are provided. Individuals 16 years of age and older must have a pass to enter the Event.
Term and Termination
These Terms are effective from the moment You carry out any of the Registration Activities until terminated by GSMA. You agree that GSMA may terminate these Terms in GSMA’s sole discretion at any time without prior notice. In the event of termination, You are no longer authorized to attend the Event. You agree that GSMA shall not be liable to You or any third party for any termination of your access to the Event, unless otherwise stated herein.
All payments must be made in RMB to our appointed payment processor, Jemex Ideas (Shanghai) Co., Ltd (“Jemex”), who acts as the sales agent for GSMA for all payments to attend the Event. Admission to the Event will not be granted without payment being received in full by the applicable due date. GSMA’s receipt of an application for registration and/or You making payment for registration does not constitute GSMA’s acceptance of your offer to register for the Event. Applications and payments that are not accepted by GSMA will be returned. Whether or not GSMA accepts your application shall be in GSMA’s sole discretion. GSMA will return any applications and payments that are not accepted. If You require a Chinese tax receipt (“fapiao”) You must make the fapiao requests via email to [email protected] no later than 30 August, 2022 (“Fapiao Request Cut Off Date”). All fapiao requests will be handled by, Jemex Ideas, an independent third party. Once GSMA has forwarded it on to Jemex, You acknowledge GSMA shall have no responsibility or liability for any fapiao requests and GSMA’s obligation is fully discharged. You acknowledge that you have full responsibility to ensure all information provided with your fapiao request is accurate. Any fapiao request made after the Fapiao Request Cut Off Date will be subject to a surcharge of RMB 80. Re-issuance of fapiao due to incorrect information provided will be subject to a surcharge of RMB 80. All such charges well be levied and paid directly to Jemex. Please note that if you do not provide accurate details (including type of card and number) or if your bank, employer, credit card company, or other payee does not authorise payment, your payment will be deemed void. GSMA will not accept any liability for costs incurred as a result of payments deemed void in this manner.
ALL SALES ARE FINAL. You will liable for the FULL cost of Your admission to the Event and any additional services related to the Event notwithstanding Your subsequent cancellation or Your failure to attend. NO REFUND SHALL BE GIVEN. You are also responsible for cancellation of travel and hotel reservations if You do not attend the Event.
Please be aware in order to be permitted access to the Venue You must undertake the Enhanced Identification Requirements (“EIR”) required by the Chinese government as set out in “MWC Shanghai 2021 COVID-19 Prevention Protocols” that can be accessed here – Covid-19 Prevention Guidelines. You will not be permitted to attend the Event in person unless you are compliant with the EIR. Should You determine not to comply with the EIR a downgrade of passes is permitted but You will still be liable for the FULL registration fee associated with the original pass purchased.
GSMA reserves the right to cancel Your registration without notice if payment as required by these Terms is not received by GSMA in a timely fashion, if You fail to provide details as required in the relevant registration forms, or You are in violation of any of these or any other applicable terms and conditions, including but not limited to these Terms. You agree that GSMA is not responsible for any damages, direct or indirect, resulting from such cancellations. All payments must be submitted within the time frames set forth in the relevant registration form.
Should GSMA cancel the Event, and You are a registered attendee who has paid the registration fees in full for the Event, Your sole and exclusive remedy (whether under tort, contract or otherwise), will be a refund of Your registration fee only to the original payment method.
For the avoidance of doubt, You agree in no event shall GSMA be liable to You or any third party for any other costs, expenses, or damages, direct or indirect, consequential, punitive, incidental, special or general resulting from a postponement, cancellation, or termination, including but not limited to travel and accommodation. No costs, including but not limited to travel and accommodation, will be refunded for any reason whatsoever, unless otherwise stated herein. Should the Event be postponed, GSMA shall provide You with substitute passes for the new event; no refunds will be provided.
The GSMA is dedicated to providing a positive, harassment-free event experience for all participants and staff, regardless of gender, gender identity and expression, sexual orientation, disability, physical appearance, race, age or religion. The GSMA does not tolerate harassment of event participants or staff in any form. The use of harassing language and imagery (including that of a sexualised nature) is not appropriate at any GSMA event or related social activity sponsored or organised by the GSMA. Any event participant found to be violating this policy may be sanctioned or expelled without a refund at the GSMA’s sole discretion. The full GSMA Anti-Harassment Policy can be found at https://www.mwcshanghai.com/legal/gsma-anti-harassment-policy/
Privacy and Data Protection
In general, GSMA collects and uses information about You in connection with the provision of the Services and for account administration. If you complete any Registration Activities for the Event, GSMA will collect certain information about You and use it to provide You with information and services associated with the Event. We process this information to fulfil the offer You have made to receive Services.
GSMA may also make and store Recordings of Your image, voice and likeness in certain instances. If You are a speaker we may collect additional information such as Your professional profile. We rely on legitimate interest for collecting, storing and processing this information.
In association with attending the Event, You may have the option to download an “Event App” to help you navigate the Event, facilitate networking and plan your schedule. If you choose to download and log into the Event App, the Event App will use certain personal data collected or generated during Event registration.
The Event may include speaking sessions, programmes, tours or other events (the “Sessions”). As You enter Sessions or other restricted areas, You may have Your badge scanned. GSMA uses this information to improve logistics at future events. By registering or participating in Sessions that are sponsored or hosted by a third party (the “External Session Provider”), You consent to the disclosure of Your personal data to such External Session Provider, including Your name, mobile number, email address, company, and job title. Some External Session Providers are located outside of the European Economic Area (EEA) or Switzerland. By authorising disclosure to them You consent to the transfer of Your personal data to such locations. If You wish to exercise any data protection rights with regards to how an External Session Provider processes or uses Your personal data, You must do so directly with such External Session Provider.
Additionally, exhibitors, sponsors, partners or other third parties participating at the Event may wish to scan your badge to facilitate networking and business relationships at the Event or to contact You post-Event. You understand that Your attendee badge holds secure data related to You including Your name, mobile number, email, company, and job title. If You allow Your attendee badge to be scanned, You are explicitly consenting to the exhibitor, sponsor, partner or other third party collecting and using Your personal data contained in the badge. If You wish to withdraw consent or to exercise any data protection rights with regard to how such recipients process and use Your personal data, You must do so directly with such recipients.
Your Collection of Attendee and Exhibitor Data
You may receive personal and contact information from other attendees and exhibitors that is voluntarily provided to You or otherwise obtained in accordance with applicable law. You (i) cannot sell any attendee or exhibitor personal data, and (ii) must comply with any restrictions placed on the use of such information.
Accuracy of Content
GSMA has taken every care in the preparation of content of this website, in particular to ensure that prices quoted are correct at time of publishing and all the Services have been fairly described. However, orders/registrations will only be accepted if there are no material errors in the description of the goods and/or services or their prices as advertised on www.mwcshanghai.com. All prices are displayed exclusive of any applicable taxes.
THE GOODS AND SERVICES ORDERED THROUGH GSMA WEBSITES ARE PROVIDED TO YOU “AS IS”. GSMA GIVES NO EXPRESS WARRANTIES, GUARANTEES, OR CONDITIONS. TO THE EXTENT PERMITTED UNDER YOUR LOCAL LAWS, GSMA EXCLUDES THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF YOUR ATTENDANCE AT THE EVENT REMAINS WITH YOU. NOTHING IN THIS AGREEMENT SHALL LIMIT OR EXCLUDE GSMA’S LIABILITY FOR THE FOLLOWING: (I) DEATH OR PERSONAL INJURY RESULTING FROM ITS, ITS EMPLOYEES’ OR ITS SUB-CONTRACTORS’ NEGLIGENCE; OR (II) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED BY LAW. WE EXPRESSLY DISCLAIM ANY LIABILITY OR RESPONSIBILITY FOR USAGE OF, IMPLEMENTATION OF, IMPACT FROM, OR COMMUNICATIONS OF THE IDEAS OR DISCUSSIONS PRESENTED BY ANY ATTENDEE, SPEAKER OR OTHER PARTICIPANT AT THE EVENT.
Limitation of Liability
If GSMA, its parent, its affiliates or any of their officers, directors, employees, agents, third-party content providers, licensors or the like, are liable to You for any reason, such liability will not exceed the amount paid by You to GSMA to attend the Event. Without prejudice to the foregoing, GSMA shall have no liability to You where You paid zero-value to GSMA to attend the Event. This limit does not apply to any liability we may have for death or personal injury resulting from our negligence or any other liability that cannot be excluded by law. You agree that any action must be commenced within one (1) year after the claim or cause of action arises.
You agree to defend, indemnify, and hold GSMA, its parent, affiliates, third-party service providers, and our respective employees, contractors, agents, officers, and directors harmless from all claims, liability, damages, losses, costs and expenses, including legal fees, that arise out of or are related to any breach of the Terms by You or any other liabilities incurred by us arising out of Your attendance or participation or access to the Event.
It is possible that the some of the services related to the Event may not be available at any given time for any reason. We will take reasonable efforts to provide you with notice of interruption to the services or Event where known. However, where the Event or services are unavailable for any reason beyond the reasonable control of GSMA, we shall have no liability to You. We are not liable if the Event is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform our obligations under these Terms, if such event results from anything beyond our reasonable control, including but not limited to (a) power or server outages or issues (b) update or maintenance periods (c) as a result of a war, acts of God, flood, drought, earthquake or other natural disaster; (d) disease, epidemic or pandemic; (e) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (f) nuclear, chemical or biological contamination or sonic boom; (g) any law or any action taken by a government or public authority; (h) collapse of buildings, fire, explosion or accident; (i) any labour or trade dispute, strikes, industrial action or lockouts; (j) non-performance by suppliers or subcontractors; and (k) interruption or failure of utility service , (l) electronic or communications failure (m) or anything else that renders performance of the Event, in whole or in part, impracticable, illegal or impossible.
Modifications to the Terms
The Terms, including any policies or supplemental terms hyperlinked to in these Terms, are subject to change without notice, and may be revised or updated from time to time in GSMA’s sole discretion. All amended terms shall automatically be effective immediately when posted on this Website, and apply to all access to the Event and use of any websites, apps, or services in relation to the Event thereafter. You agree that You are responsible for periodically returning to this Website and reviewing these Terms to understand the current Terms and Conditions applicable to this Event. GSMA does not and will not assume any obligation to notify You of changes to the Terms. Your continued use of any websites, apps, or services, or attendance at the Event, means that You accept and agree to the changes. The following Sections survive any termination of the Terms: GSMA Trademarks and Logos, Privacy and Data Protection, Voluntary Participation, Your Collection of Attendee and Exhibitor Data, Eligibility, No Warranty, Limitation of Liability, and Indemnity.
These Terms constitute the entire agreement between GSMA and You with respect to the Event, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and GSMA with respect to the Event. However, there may be legal notices on other areas of this Website that relate to the ordering of goods and services, all of which will, together with these Terms govern your ordering of services. A printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of the Terms or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Electronic Communications and Electronic Signatures
You agree to be bound by any affirmation, assent, or agreement You transmit through this Website or an App associated with the Event, including but not limited to any consent You give to receive communications from GSMA solely through electronic transmission. You agree that when in the future You click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with Your mouse, keystroke, or other computer device, Your agreement or consent will be legally binding and enforceable and the legal equivalent of Your handwritten signature.
These Terms and all matters arising out of or relating to these Terms, whether in contract, tort, by statute or otherwise, are governed by, and construed in accordance with, the laws of the State of Georgia, United States without giving effect to the conflict of law provisions. The parties agree to submit to the exclusive jurisdiction of the courts in Atlanta, Georgia, United States or the US District Court in Atlanta, Georgia.