INTRODUCTION TO TERMS AND CONDITIONS
These terms and conditions apply between all (prospect) customers, business relations, and Linde Consult, the owner(s) of this business, database, and website. Additionally these terms and conditions apply to the use of and (where applicable) purchase of Linde Consult Products and Services, including but not limited to Consultancy projects, (interim) Management, Coaching, Workshops, Training, Market Research, Data sets, Reports, Lists, Membership subscriptions and Events. Please read these terms and conditions carefully, as they affect your legal rights.
1. Acceptance of Terms
1.1 Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website or any Linde Consult Services. By using the Website and Linde Consult Services and by agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age. Your access to and use of the Linde Consult Website or Services is subject (unless expressly stated otherwise) exclusively to these terms and conditions. You will not use the Website or Linde Consult products/services for any purpose that is unlawful or prohibited by these terms and conditions. By using Linde Consult Services you are fully accepting the terms, conditions and disclaimers contained in these terms and conditions. If you do not agree to be bound by these terms and conditions, you should stop using the Website or Service immediately.
1.2 Linde Consult reserves the right to change these terms and conditions without notice, and Users agree to be bound by such changes. It is the responsibility of Users to check these Terms and Conditions regularly for any changes.
1.3 If you are entering into these terms and conditions on behalf of your employer or acting as an employee, you warrant that you are authorised to enter into legally binding contracts on behalf of your employer. You further warrant that your employer agrees to be bound by these terms and conditions.
2. Definitions and interpretations
2.1 Throughout this terms and conditions, the following words will have the following meanings set against them:
“Attendee” any person attending an Event in person or whom has access to an Online Event;
“Linde Consult” shall mean Linde Consult Adviesbureau, KvK registration number 80433219, Fransestraat 34a, 6524JC, Nijmegen, The Netherlands, www.lindeconsult.nl;
“Bespoke training/onsite Training” bespoke training or advisory programmes, usually run on the premises of the client or on digital platform, exclusively for the use of the client;
“Client” / “Customer” any individual or company purchasing Services from Linde Consult;
“Content” any text, lists, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Copy Date” Agreed deadline to supply advertising materials by;
“Training credit” sold as part of enterprise package, which can be cashed in for training
“Directories” shall mean the Members Directory and Suppliers Directory (Food Processing Market Intel Database)collectively;
“Event” any live event hosted by Linde Consult, including but not limited to any workshop, training (online or physical), seminar, webcast, conference as the same may be attended in person or as an Online Event;
“Free Membership” or “Guest membership” any Membership Product that is offered by Linde Consult free of charge in consideration for registering via the Website and agreeing to these terms and conditions;
“GDPR” General Data Protection Regulation, EU law on data protection and privacy for all individuals within the European Union and the European Economic Area, which came into force on 25 May 2018;
“LC Quick Method” any advisory or consultancy service, delivered by Linde Consult;
“Newsletter” the print & web edition of the Linde Consult newsletter which may be available to Members as part of Membership;
“Member(s)” Users who have an active subscription to a Membership Product;
“Membership Product(s)” Services and Content offered to Members in a subscription package upon registering as a Member depending on the specific Membership tier that they have purchased;
“Membership” a Members subscription package to a Membership Product such as e.g. the Food Processing Market Intel Database;
“Online Event/Webcast” an Event at which Attendees do not attend in person, but are given access to a virtual Event online via various interactive tools, including live and on-demand video streaming, web conferencing and online training courses;
“Partner” third parties (who may or may not be Members or Users) whom have licensed Third Party Content to Linde Consult in the form of Partner Downloads;
“Partner Download(s)” Third Party Content in the form of a Report created by Partners and which has been uploaded to the Website and available to Users on terms as specified on the relevant part of the Website;
“Privacy Policy” Linde Consult's current Privacy Policy as the same may be amended from time to time and currently viewable here: www.lindeconsult.nl/privacy;
“Products” physical copies of content in print form or otherwise including print copies of Reports and copies of the Databases and Lists;
“Programme” succession of Campaign(s) managed by Linde Consult;
“Report(s)” individual articles and reports available for download or viewing via the Website which may be subject to the payment of a one off fee, or available only as part of a Membership subscription;
“Sponsor” terminology whereby a ‘Client’ commissions any specific body of work, or supports any schedule event, which is managed and produced by Linde Consult;
“Sponsored content”; content produced by Linde Consult on behalf of a client brief or agreed concept;
“Series Booking” two or more adverts booked in advance, in one order;
“Services” collectively or individually as appropriate, any product or service provided by Linde Consult including but not limited to any services listed on the Website, Reports, Advertising, Products, Membership Products and Events;
“Start Date” agreed date on which the project/coaching/training will commence;
“Subscriber” the individual or company that orders an annual subscription product; “Suppliers Directory” the directory of supplier profiles currently accessible at www.lindeconsult.nl.
“User”, “Users”, “You” Any and all persons who access the Site and services provided by Linde Consult, including but not limited to Members;
“Website” the website owned by Linde Consult with the URL www.lindeconsult.nl, www.lindeconsult.eu and any sub-domains of this site, unless expressly excluded by their own terms and conditions.
2.2 In these terms and conditions, unless the context requires a different interpretation:
2.2.1. the singular includes the plural and vice versa;
2.2.2. references to sub-clauses, clauses, schedules or appendices are to sub-clauses, clauses, schedules or appendices of these terms and conditions;
2.2.3. a reference to a person includes firms, companies, government entities, trusts and partnerships;
2.2.4. 'including' is understood to mean 'including without limitation';
2.2.5. reference to any statutory provision includes any modification or amendment of it;
3. Intellectual property and acceptable use of Content
3.1 Content is available via Linde Consult and this Website on a free of charge basis and in consideration for a specified payment, as part of a Membership subscription, and content included within the various products such as databases, dashboards, lists and reports.
3.2 All Content included on the Website, unless uploaded by Users, Members or Partners or as stated otherwise, is the property of Linde Consult, our affiliates, licensees or other relevant third parties. By continuing to use the Website Users acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission;
3.3 Subject to clause 4, Linde Consult hereby grants to the User a non-exclusive worldwide licence for the duration of the Membership or in the case of a User who is not a Member, until Linde Consult may choose to revoke such licence, to download, store, use, reproduce, transmit, display, copy, and provide access to Content in accordance with the terms of the Membership (where applicable) and at all times only for the User's own information purposes and for the avoidance of doubt, not for any commercial or business purposes.
3.4 Notwithstanding any other rights or remedies available to it, Linde Consult shall have the right to terminate any licence granted to any User, to terminate any Membership (where applicable) or block a User from the Website in the event of any breach by such User of any of the terms and conditions of this licence.
Without prejudice to any rights granted herein, Linde Consult reserves the right to amend, edit or abbreviate or take down any Content at our discretion.
3.5 Notwithstanding the above, were a User is paying for additional premium content (by way of example, for Reports and/or as part of a Membership subscription) (“Pre-Paid Content”) such Users acknowledge that their access to such Pre-Paid Content is conditional upon payment in accordance with the payment methods set out on the Website before access to such Pre-Paid Content is permitted, and no licence shall be granted until payment has been received in full for the relevant Pre-Paid Content. For the avoidance of doubt, all one off fees payable for Reports shall be non-refundable, and the period of licence granted in such Content may only subsist for the duration of a User’s Membership subscription.
3.6 Subject to clause 4 below, Users (whether in their capacity as Members or Users) are able to upload content or postings content at various places on the Website including via blogs, on the forums and comments sections, as well as the content they include on Member Profiles (“User Generated Content”) and in doing so Users grant to Linde Consult a free of charge, worldwide perpetual licence in all media in such User Content.
4. Prohibited use of the Site / Linde Consult Content by Users
4.1 Users are expressly forbidden to download, store, reproduce, transmit, display (including without limitation via an intranet or extranet site), copy, sell publish, distribute, provide access to Content for any purposes other than as set out herein or to sub-license, rent, lease, transfer or assign any rights in Content, to any other person, commercially exploit or use Content for any unlawful purpose.
4.2 With regard the uploading, or posting of User Generated Content, and use of the site more generally, Users may not use the Website / LC Platform for any of the following purposes:
4.2.1 in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website and LC Platform;
4.2.2 in any way which is harmful, unlawful, illegal, abusive, harassing, misleading, inaccurate, threatening or otherwise objectionable or in breach of any applicable law, regulation or governmental order.
4.3 Users agree not to reproduce, copy, retransmit, distribute, disseminate, sell, sub-license, publish, broadcast, or circulate the information received through the Service to anyone without the express prior written consent of Linde Consult. Users may not:
4.3.1 (a) use or permit the use of the Service to prepare an original database or a comparison to other databases that are sold, rented, published, or furnished in any manner to a third party;
4.3.2 (b) use or permit the use of the Service for the purpose of compiling, enhancing, verifying, supplementing, adding to, or deleting from any mailing list, business directory, or other compilation of information that is sold, rented, published, or furnished in any manner to a third party;
4.3.3 (c) use or permit the use of the information in connection with any individual credit, employment, or insurance applications; or
4.3.4 (d) voluntarily produce the Service in legal proceedings without Linde Consult’s prior written approval. Systematic access or extraction of content from the LC Platform, including the use of “bots” or “spiders,” is prohibited. Linde Consult prohibits caching, unauthorized hypertext links to this LC Platform and the framing of any content available through the LC Platform. Linde Consult reserves the right to disable any unauthorized links or frames.
4.4 Access to and use of password protected and/or secure areas of this LC Platform is restricted to authorized users only. Unauthorized individuals attempting to access these areas of LC Platform may be subject to prosecution.
5. Availability of Content, the Website and Disclaimers
5.1 The Website and Services are provided "as is" and on an "as available" basis. Linde Consult gives no warranty that the Website or Services will be free of defects and/or faults. To the maximum extent permitted by the law, Linde Consult provides no warranties (expressed or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Linde Consult is under no obligation to update information on the Website.
5.2 Whilst Linde Consult uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, Linde Consult give no warranty or guarantee in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
5.3 Linde Consult accepts no liability for any disruption or non-availability of the Website.
5.4 Linde Consult reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
6. Limitation of Liability
6.1 Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
6.2 We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
6.3 To the maximum extent permitted by law, Linde Consult accepts no liability for any of the following:
6.3.1 any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
6.3.2 loss or corruption of any data, database or software;
6.3.3 any special, indirect or consequential loss or damage.
7. Website Content and Services
7.1 Except as otherwise expressly agreed to by Linde Consult in writing, information regarding Linde Consult products and Services is subject to change without notice.
7.2 Information about Linde Consult Products and Services made available on and/or through this Website shall not constitute a representation, warranty or other commitment by Linde Consult with respect to any product or service unless otherwise expressly agreed to by Linde Consult in writing.
7.3 Without limiting the generality of the foregoing, Linde Consult hereby disclaims all warranties, expressed or implied, as to the accuracy, suitability for any purpose or completeness therefore.
8. Third Party Content
8.1 Linde Consult makes available certain Content that has not been created by Linde Consult either via hyperlinks on the website which may take Users to websites not controlled or maintained by Linde Consult, or as hosted via the Website whether or not such Content is available free of charge, to Members only or for a fee, for example Partner Downloads, Member profiles and other materials posted by other Users on the Website blogs and forums ("Third Party Content") .
8.2 Any copying, distribution, reproduction, retransmission, or modification of any of the Third Party Content or any information or materials appearing in such Third Party Content, whether in electronic or hard copy form, is subject to the prior written permission of the author and publisher of such Third Party Content.
8.3 Third Party Content is not the responsibility of Linde Consult, and Users acknowledge and confirm that Linde Consult has no control over the opinions, information, legality of products, or accuracy of facts or statements contained in such Third Party Content and furthermore Linde Consult cannot guarantee and makes no representation or warranty as to the accuracy, veracity, or completeness of any such information provided. Nothing contained within Third Party Content necessarily represents the point of view of Linde Consult.
8.4 Linde Consult cannot and does not confirm each User's identity, whether or not they are a Member. Linde Consult allows Members to give access to information about themselves to other Members but does not control the information provided by Users or Members.
8.5 In the event that you have a dispute or issue with one or more of the other Users, you agree to unconditionally release Linde Consult (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demands and damages (actual and consequential) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
8.6 Downloading some Third Party Content may involve Linde Consult sharing personal data collected during registration with the authors of such Third Party Content. Users who wish to download such Third Party Content should refer to our Privacy Policy prior to downloading. Users who do not wish to have their data shared in this manner should not download such Third Party Content.
9. Membership (LC Platform access)
Users may become Linde Consult Members in order that they may gain access to additional content (including Third Party Content) and Linde Consult Services in accordance with the various membership plans as defined on the website here: www.lindeconsult.nl/membership (as updated from time to time), in consideration for such fees (where applicable) as specified therein and agreement from Users to participate as a Member.
Subscription to any Membership Product is subject to acceptance of these terms and conditions, Privacy Policy and specifically the following:
9.1 In order to become a Member User's are required to complete a registration form. The User represents and warrants that the information given in that registration will be truthful, accurate and complete. Linde Consult will hold all such information in accordance with the terms of the Linde Consult's Privacy Policy and it may be used to validate the Users registration for Membership.
9.2 Each Member's profile will automatically appear in the Members Directory, (and the Suppliers Directory where Members qualify for and opt into inclusion therein), and profile information will be published in accordance with the terms of the Linde Consult's Privacy Policy. It is the Member's responsibility to maintain and accurate and up to date profile.
9.3 Membership commences upon registration, and shall continue until Member gives notice pursuant to clause 9.7 below.
9.4 Any subscriptions to Membership Products are deemed to commence from the date of receipt of User's completed order, registration form or online registration.
9.5 With the limited exception of Free Membership, all Membership Product subscriptions last 12 months from invoice date or, where immediate payment is required immediately online prior to the activation of membership and access to any Services, upon payment of such fee. As part of the subscription service, Membership will be automatically renewed for a following 12 months from the relevant end date.
9.6 Members shall be contacted, via either post, email or phone to inform them of their automatic renewal and the date that such renewal will take effect (“Renewal Date”). If after 30 days of the relevant Renewal Date you have not cancelled, the subscription will automatically be fully renewed and we shall await payment.
9.7 Members may cancel their renewal at any point throughout their annual subscription. Members may also cancel their renewal within 30 days of the Renewal Date, at no cost. To cancel any Membership Product, Members must inform Linde Consult in writing by emailing info@lindeconsult.nl or by writing to Linde Consult, Fransestraat 34a, 6524JC, The Netherlands. Any cancellation by Members must be in writing and a full refund will be given only if this is received by Linde Consult within 14 working days of the date of purchase. No refund shall be given if Members cancel a service part way through a subscription year.
9.8 Users may purchase stand-alone Products (whether as Members or Users) as the same are available via the Website and at such prices and on such supplemental conditions as are stated on the site.
10. Advisory, onsite & online, open and onsite training
10.1 online, Open course and InCompany training
10.1.1 In the case of any client postponement of pre-agreed onsite training session dates, 50% of total cost, or minimum EUR 4000/5000/6000 whatever is larger, will be recharged to the client to move to a new date. To be paid before the event date.
10.1.2 Date of the training needs to be agreed in writing within 2 weeks of the contract being signed. Failing that, Linde Consult will not be liable to hosting the event and no refund will be issued. Linde Consult will make ever endeavour to ensure it does not hold up any progress.
10.1.3 The Synopsis/Content of the training must be agreed, in writing, leaving at least 4 weeks before the training date. Failing that, Linde Consult will not be liable to hosting the event and no refund will be issued. Linde Consult will make ever endeavour to ensure it does not hold up any progress.
10.1.4 Cancellations and Refunds: Once the Client has confirmed purchase of a ticket, via either, ecommerce, phone, email, or docusign, there will be a 48 hour cooling off period, where refunds are permitted. After which all tickets for events are non-refundable. They are though transferable, by name, to colleagues within the business, with written consent.
10.2 LS quick method/Advisory
10.2.1 The LS Quick Method programme is a full research service and model where IP is owed by Linde Consult. All fundamental IP elements of LS Quick is owned by Linde Consult, but the final outcomes, built on the workshop modelling and analysis is owned by The Client.
10.2.2 The LS Quick programme is a 6 month programme, which must be completed within 6 months from diagnostic (agreed post contract, by email), which is all covered by the initial agreed fees. If the programme has not been delivered within 6 months, due to client deviating from the programme timelines or structure, then the client will have the option to continue with a EUR3k rolling monthly retainer, until the natural end of the programme. Linde Consult will forewarn the Client, 2 weeks before the end of the 6 months period, giving the client the option to end the programme at whatever stage it has got to, within that 6 month period, with no retainer fee being issued.
10.2.3 Linde Consult will, in goodwill, offer an automatic 2 week no fee extension, to the 6 month programme. However if the programme runs on from that point, and the client has not terminate the contract, a full months retainer will be issued, backdated to the end date of the original 6 month programme. Once in the retainer period, the client will give 1 months’ notice, to end the retainer, at which, the client will be invoiced, pro-rata, to the new end date.
10.2.4 Linde Consult will make all endeavours to complete the programme within the 6 months. If for any reason Linde Consult fails to deliver on aspect of the programme, which might delay the programme, the 6 month period will be increased proportionally.
10.3.5 All notices to end the retainer must be in writing, by letter or email, and address to the account manager, at Linde Consult.
11. Events: Conference, Webcast, Workshops, Training
The booking and attendance at all Events shall be subject to the following:
11.1 Payment Policy: Where payment is required to attend an Event, this must be made before the date of the Event. Late payment will result in a ‘late payment administration charge'. The relevant fees and payment methods are listed with each Event description, though is always subject to VAT for NL companies.
11.2 Attendee Substitutions: Entry to Events is permitted only to named individuals who have booked such entry. Should an Attendee wish to nominate someone else to attend in their place, they must contact Linde Consult at least 48 hours prior to the commencement of the Event, or such other time as is reasonable in the circumstances. For the avoidance of doubt, should you nominate an alternative Attendee, you warrant and confirm that they will agree to the terms and conditions herein, or you shall remain primarily liable for such substitution Attendee. Linde Consult reserves the right to refuse nominees attending the event, without reason.
11.3 Changes To Events: Linde Consult, aims to deliver high quality Events in the manner in which they are advertised. However, it may become necessary to alter and/or change certain elements including by way of example the choice of speakers, venue, date and timings, although this list is illustrative and shall not be deemed to be exhaustive. Linde Consult shall, where reasonable and possible to do so, make such reasonable changes to Events if necessary, and shall inform Attendees of any such relevant changes in a reasonable time before the relevant Event. For the avoidance of doubt, Linde Consult shall not be in breach of contract if such changes are necessary, and Attendees shall not be permitted to obtain a refund of any fees payable.
11.4 Cancellations and Refunds: Once the Client has confirmed purchase of a ticket, via either phone, email, or docusign, there will be a 48 hour cooling off period, where refunds are permitted. After which all tickets for events are non-refundable. They are though transferable, by name, to colleagues within the business, with written consent.
11.5 Webcasts/Online Events
11.5.1 Linde Consult may require that Attendees access Online Events via a third party website channels such as (although this is subject to change) www.brighttalk.com; www.zoom.com (“Channel”). Attendees acknowledge and confirm that such access may require Attendees to be subject to any terms and conditions required by the owner of such third party Channel (“Channel Owner”) including any registration requirements, and their privacy policies.
11.5.2 Linde Consult accepts no liability for any error, fault, or interruption in the service of any Channel or Channel Owner.
11.5.3 In accordance with Linde Consult's Privacy Policy, Attendees consent to our sharing the following information, all in line with GDPR.
(a) data from Attendee's Member profile, and/or collected upon registration to view the Online Event with the relevant Event Sponsors and Channel Owners;
(b) details of the content you have viewed on that Channel and viewing times with the relevant Channel Owner.
11.5.4 For the purpose of this agreement, "Event Sponsor" means any third party who sponsors an Event in exchange for brand promotion, thought leadership opportunities, and the leads generated from the Event audience where applicable.
11.5.5 Attendees agree that the relevant Channel Owner or Event Sponsor may contact Attendees for such purposes as replying to Attendee queries, improving their services, conducting surveys, to deliver promotional material to Attendees. Event Sponsors receiving personal information from Linde Consult do not have any independent right to share this information. In registering with a Channel to view an Online Event Attendees agree that Attendee's personal and other information may be shared with the Event Sponsor and we encourage you to review the relevant Event Sponsor's own privacy policy to ensure Attendee is satisfied with the provisions. Except as previously stated, Linde Consult does not control the activities of Event Sponsors or Channel Owners in the control and protection of personal information.
11.6 For the avoidance of doubt, no liability is accepted on the part of Linde Consult for any statements or opinions expressed (whether by Attendees, or speakers, or otherwise) at Events.
11.7 Event sponsorship and exhibition space: In all case where an agreement of event sponsorship, incorporating exhibition space, not limited to fixed shell scheme, but also including space provided to a client to erect their own stand; the client must abide by the limitations of the agreement and space provided.
11.8 With regards to any sponsor, running a webinar programme or single event through any of our platforms they must agree to:
11.8.1 Whatever pre-agreed timelines, Linde Consult reserves the right to cancel the event, and offer no refund, if the client deviates from them, so comprising the success of the event.
11.8.2 If the sponsor requests any delays to the project, which are agreed outside the terms of 11.8.1, from the pre-agreed timelines, then the client will be liable to a EUR 250 per day charge, until the next event date. This will be paid in full before the event.
11.9 Workshops & training
11.9.1 Some areas of any awards website may require registration. By completing the initial registration form and by entering your personal details, you will be deemed to have accepted these terms and conditions. If you have registered with us and subsequently change your details, you should immediately notify us of any changes by emailing info@lindeconsult.nl
11.9.2 For the purposes of this agreement, “material” means material including, without limitation, text, video, graphics and sound material, published on The Linde Consult website, whether copyright of any Linde Consult awards programme, or a third party.
11.9.3 You may download and print extracts from the material and make copies of these for your own personal and non-commercial use only. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on any Linde Consult awards programmes.
11.9.4 You must not reproduce any part of any Linde Consult awards programme or the material or transmit it to or store it in any other website or disseminate any part of the material in any other form unless we have indicated that you may do so.
11.9.5 We may be prepared to allow you to distribute or reproduce other parts of any Linde Consult awards programmes or the material in certain circumstances. Please email info@lindeconsult.nl if you wish to apply for permission to do so.
11.9.6 If you want to submit material to us for publication on any Linde Consult awards programmes, you may do so on the following terms and conditions:
11.9.6.1 Publication of any material you submit to us will be at our sole discretion. We reserve the right to make additions or deletions to the text or graphics prior to publication, or to refuse publication.
11.9.6.2 You warrant to us that any material you submit to us is your own original work and that you own the copyright and any other relevant rights.
11.9.6.3 You warrant that the material you submit is not obscene, offensive, defamatory of any person or otherwise illegal.
11.9.6.3 You acknowledge that any breach of these warranties may cause us damage or loss and you agree to indemnify us in full and permanently against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
11.9.7 By entering the awards, entrants understand that the information they provide about their company (excluding, but not exhaustively, turnover and pre-tax profit information which will remain confidential at all time) may be used by any Linde Consult awards programme for marketing purposes at any time in the future.
11.9.8. Should a company be found to behave in an illegal, unethical or fraudulent manner, any Linde Consult awards programme reserves the right to revoke the company's status in the competition and including status from previous years. If this occurs we will contact the company in question to inform them of our decision, they will be removed from our website and will not be allowed to use their status logos on any of their company material.
12 Pricing
12.1 Prices for any of Linde Consult services or products are subject to change without prior notice. Linde Consult aim to regularly update all publicly available sources of price information via the Website to ensure that you have accurate information available to you when you order.
12.2 The description and price of any Service purchased hereunder will be confirmed in Linde Consult's despatch note and/or invoice or at point of payment if purchased online.
13 Payment Policy
13.1 Unless specified herein or at point of purchase to the contrary, Linde Consult invoices for any Service are due for payment 14 days from their date. Linde Consult reserve the right to charge for costs and expenses incurred in recovering late payments, and to charge interest on overdue amounts at the rate in force pursuant to the Late Payment of Commercial Debts (Interest) Act as at the due date.
13.2 By requesting access to a Report or Database via our online order forms on the Website, you confirm that you are aware of incurring costs and commit to payment of the invoice.
14 General
14.1 Dependence on Linde Consult Services: The contents of any of Linde Consult Services or the Website do not constitute advice and should not be relied on in taking, or refraining from taking, any decision or action. Under no circumstances shall Linde Consult be liable for direct, indirect, or incidental damages resulting from your use of information, commentary, advice or other content on the Website or Services. You agree to indemnify Linde Consult against any actions, claims, proceedings, or liabilities arising from your use of the Website or Services.
14.2 Data Protection: Linde Consult may use personal information which Linde Consult hold about Users to provide Linde Consult products and services to Users, for credit control and market research purposes and to inform Users about Linde Consult products and services, legal developments and training sessions or Events which we believe may be of interest to Users. For further details please consult our Privacy Policy
14.3 Force Majeure: If by reason of labour dispute, strikes, inability to obtain labour or materials, fire or other action of the elements, accidents, power or telecommunications failure, customs delays, governmental restrictions or appropriation or other causes beyond the control of a party, such Linde Consult is unable to perform in whole or in part its obligations set forth in these terms, then Linde Consult shall be relieved of those obligations to the extent it is thereby unable to perform, and such inability to perform shall not make Linde Consult liable to any other party.
14.4 Users may not transfer any of their rights under these terms and conditions to any other person. Linde Consult may transfer their rights under these terms and conditions where Linde Consult reasonably believes Users rights will not be affected.
14.5 These terms and conditions may be varied by Linde Consult from time to time. Such revised terms will apply from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
14.6 These terms and conditions contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.
14.7 The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
14.8 If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
14.9 Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
14.10 Governing Law and Jurisdiction of The Netherlands apply.
15 GDPR
15.1 Under GDPR we are not required to obtain consent if we have a lawful basis of 'legitimate interest' for collecting and sharing data.
15.2 With regards to sharing event “online or offline” delegate data with session sponsors, we state clearly on our events websites the following: "When you register for any of our partner sessions, your data will also be shared after the event with the partner hosting that session, who may contact you with further relevant information. For more information on how we process your personal data please see our privacy policy."
15.3 When delegates are enabled to register for partner sessions, we will state clearly on the registration page the name of the event partner we will be sharing their data with.
15.4 On receipt of any data obtained from Linde Consult, as per any sponsorship agreements, the client is expected to use that data within the framework of GDPR and legitimate interest.
15.5 The client must only continue to communicate with that contact, within the same content narrative, at the point where that data was harvested. Linde Consult will not be liable to any consequences, which might befall the client, if they subsequently communicate with any other narrative.
15.6 In line with GDPR, in advance of any scheduled broadcast, the newly procured list will need to be sent a bespoke email, acknowledging the source of the data, giving them the intent of their data usage and offering them to opt-out of future communication.
16 Cancellation and Refund policy
16.1 In the case of a cancellation by Client of a Linde Consult project or event, including but not exclusively the workshops, training, management consultancy project, database access (membership) or market research, the purchased & paid services are non-refundable. Resources already spent on preparations of any kind will be invoiced to Client in case of a cancellation.
16.2 Linde Consult reserves the right to cancel any events. If, for any reason, the event is postponed, to another date, venue or format, if the event is postponed within a reasonable timeframe, with similar content, the delegate contract will remain valid and roll over to the new date.
17 Disclaimer
17.1 Any and all information and/or material provided by Linde Consult, including any or all training, analysis and/or research from Linde Consult, is provided to a selected group of partners and Clients, in response to orders for such information, material, analysis, and/or research. As a Partner / Member / Client of Linde Consult, you acknowledge that our information, material, and/or services are for your internal use only, and not for any external use and/or dissemination, or general publication, and/or disclosure to any third parties.
17.2 Any or all of the information and/or material provided by Linde Consult are based on primary interviews and surveys and/or secondary research (desk research), and are therefore, subject to fluctuation and variance. Linde Consult takes no responsibility for any incorrect information and/or material supplied to us by sources we rely on, and no part of our analysis or research may be given, lent, resold, or disclosed to any third parties, including non-customers, without explicit written permission from Linde Consult.
17.3 Unauthorized reproduction and/or transmission of our information, material, analysis, and/or research in any form/shape and by any means, including screenshot, photocopying, mechanical/electronic recording, or otherwise, without the explicit and written permission of Linde Consult, is expressly and clearly prohibited.
17.4 Any use of the information, material, analysis, and/or research provided by Linde Consult is at your own risk; you acknowledge that the information, material, analysis, and/or research result is provided “as is” and that Linde Consult provides no warranty of any kind, expressed or implied, with regard to the information, material, analysis, and/or research, including but not limited to, merchantability and fitness for any purpose and/or use.