Terms and Conditions of Use
1. Your acknowledgement of the Terms and Conditions
By accessing the Linde Website you, the user, acknowledge and confirm that you have read, understood, and agree to the following terms and conditions of use. Furthermore, you agree to be bound by all applicable laws as well as any other applicable rules and conditions. If you do not understand or agree with these terms and conditions you must stop accessing and using the Linde Website.
2. Scope of right to use
2.1 All text footage, pictures, graphics, software, applications, sound samples, animations videos, corporate logos and brands, the layout of the Linde Website, as well as other content contained in the Linde Website, hereinafter jointly referred to as the “Linde Website Content”, are protected by trademark and copyright law and other laws for the protection of intellectual property and may be subject to third parties’ rights.
2.2 Linde does not grant any license rights or other rights regarding the use of the intellectual property rights in the Linde Website Content, unless otherwise specified herein. The copying, distributing, reproducing, forwarding, otherwise using of these intellectual property rights in the Linde Website or the Linde Website Content including the making available to third parties is not permitted without the prior written consent of Linde. All such intellectual property rights remain the property of Linde.
2.3 The user is only permitted to view and use the Linde Website Content for his own personal, non-commercial use as part of his use of the Linde Website. The user is also permitted to produce a single copy of the Linde Website for his personal, non-commercial use, on the condition that the content is not altered in the course of copying and all references to intellectual property rights are retained in the copy, or inserted if only extracts from the Linde Website are used.
2.4 The content of press releases and other documents classified as public may be used in public communications save the condition that the permission granted hereunder does not apply to those parts of public documents which are protected by trademark or copyright law, or other legal regulations. Any use of such material is made in the sole responsibility of the user.
2.5 Access to or use of the Linde Website or the Linde Website Content from countries, where this access or this use is unlawful, is not permitted. In this case, and if the user wants to enter into business relations with Linde, the user should contact representatives of Linde in the respective country.
2.6 Any other use of the Linde Website as well as the Linde Website Content is prohibited unless specifically permitted by these Terms and Conditions.
3. Restrictions of Use
3.1 The user must in particular not, without the prior written consent of Linde,
- use the Linde Website or the Linde Website Content for any fraudulent or unlawful purpose;
- use any registered or unregistered trademarks or signs on the Linde Website or in the Linde Website Content without the prior written consent of the respective owner;
- translate, modify, adapt, reverse engineer, decompile or disassemble the Linde Website or Linde Website Content in whole or in part;
- remove any notice of copyright, trademark, or other proprietary rights from the Linde Website Content;
- frame or otherwise embed Linde Website Content in your or a third party website;
- mirror any part of the Linde Website;
- create a database by systematically storing and downloading all or any Linde Website Content; or
- use any robot, spider, site search application or retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Linde Website or the Linde Website Content.
3.2 Linde reserves the right to deny access to the Linde Website at any time.
5. No Warranties
Linde does not give any express or implied warranties, nor do they make any representations, nor do they assume any responsibility that:
- the Linde Website or the Linde Website Content are available without interruption;
- the use of the Linde Website or the Linde Website Content will not infringe any third party rights;
- the Linde Website as well as the Linde Website Content are free from errors or are complete, accurate or up-to-date at all times;
- other web pages accessed by hyperlinks from the Linde Website, irrespective of whether these belong to affiliated companies of Linde or third parties, do not infringe third party rights, or are free from errors, or that applicable data protection provisions are complied with; or
- the Linde Website is free from viruses, bugs, malware, or similar malicious programs.
6. Limitation of Liability
6.1 Linde does not accept any liability for any content of websites which are accessed via link from the Linde Website, whether through technical malfunction, willful manipulation by third parties or through negligent, grossly negligent or willful misdirection by third parties.
6.2 Linde does not accept any liability for:
- defects in rights regarding the Linde Website or Linde Website Content;
- any loss or damage arising as a result of inhibited access or non-accessibility of the Linde Website as well as Linde Website Content;
- any loss or damage, which may arise from the use of the Linde Website or of any of the Linde Website Content, including anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Linde Website or any of the Linde Website Content; or
- the availability of the content of third party websites or any loss or damage resulting from their use, regardless of the purpose of use, whereas Linde does not limit its liability under statutory law for the violation of life, body or health caused by willful intent or gross negligence by Linde or its representatives.
6.3 The Linde Website and the Linde Website Content are operated and managed by Linde and its subsidiaries. Save for the provisions herein, the Linde Website and the Linde Website Content take into account the requirements of the country, in which Linde or the subsidiary in charge is based. Linde accepts no responsibility if (i) the Linde Website is accessed, or (ii) if the Linde Website Content is used or downloaded from the Linde Website, in places outside the country concerned. When the user accesses the Linde Website from places outside the country concerned, the user is solely responsible for complying with the regulations that apply in accordance with their respective national laws.
7. Linde Website Content
7.1 Where the Linde Website Content is generated by, or sourced from, Linde, Praxair or any other third party (such content, the “Third Party Information”), the author and source of such Third Party Information and the date of its publication are clearly and prominently identified. Linde has neither sought nor obtained permission to use or quote such Third Party Information. Linde has not assisted in the preparation of the Third Party Information and cannot guarantee the accuracy, timeliness, completeness or availability of the Third Party Information, and does not explicitly or implicitly endorse such Third Party Information.
7.2 While Linde attempts to ensure that the Linde Website Content is accurate, all Linde Website Content is provided “as is” and on an “as available” basis and may not be accurate or up to date. No responsibility is accepted by or on behalf of Linde for any errors, omissions, or inaccuracy on the Linde Website or in any of the Linde Website Content.
7.3 No action should be taken or omitted to be taken in reliance upon the Linde Website or any of the Linde Website Content. Linde does not accept liability for any loss or damage, which may arise from the use of the Linde Website or of any of the Linde Website Content, including anything done or the consequences of anything done or omitted to be done wholly or partly in reliance upon the whole or any part of the contents of the Linde Website or any of the Linde Website Content.
8. Amendments to the Linde Website or the Linde Website Content or Terms and Conditions
8.1 Linde reserves the right, at any time and without prior notice, to make amendments, or additions, to the Linde Website or the Linde Website Content.
8.2 Linde reserves the right to change these Terms and Conditions of use from time to time at its sole discretion without any obligation to inform the user. The user agrees that his continued use of the Linde Website constitutes his consent to respective changes of the terms and conditions as applicable.
9. Violation of these Terms and Conditions
9.1 Linde reserves the right to deny the user’s access to the Linde Website in whole or in part at any time in case of the user’s non-compliance with these Terms and Conditions or the user’s infringement of the rights of Linde in the Linde Website or the Linde Website Content or any third parties’ rights.
9.2 Furthermore, the user herewith indemnifies and holds harmless Linde from and against all claims and damages arising out of or in connection with (i) the use of, or activities in connection with, the Linde Website and Linde Website Content, or (ii) any violation of these Terms and Conditions by the user.
10. Applicable Law
These Terms and Conditions and all questions and disputes relating to the use of the Linde Website or the Linde Website Content are exclusively subject to the laws of Ireland excluding the provisions of international private law and the United Nations Convention on Contracts for the International Sales of Goods (CISG).
11. Alternative Dispute Resolution for Consumer Disputes
Linde does not commit to participate in alternative dispute resolution procedures in front of an alternative dispute resolution entity to resolve disputes with consumers.