Terms and Conditions of Use for Linde Engineering Supplier Connect Portal

  1. Parties
    The Parties to this agreement are Linde AG, Linde Engineering, Dr.-Carl-von-Linde-Str. 6-14, 82049 Pullach/Germany (“Linde Engineering”) and natural or legal person(s) (“Supplier”) who have been granted an account with Linde Supplier Connect Portal (“Linde SC Portal”).
  2. Access to Linde SC Portal
    1. To gain access to the Linde SC Portal, the Supplier must register each employee who shall use the portal on behalf of the Supplier and specify a user ID and password (“User”). The Supplier must designate one individual User to manage other Users’ access to the Linde SC Portal. User details issued are personal and must not be used by anyone other than the individual User to whom the details have been issued. The User details must be kept and handled securely. In the event of lost details, suspected unauthorized use or a User having left their post or no longer needing access to the Linde SC Portal, it is the responsibility of the Supplier to immediately inform Linde Engineering.
    2. The Supplier is accountable for maintaining the confidentiality of the Linde SC Portal Account and responsible for all activities that happen under the Linde SC Portal Account.
  3. Termination
    1. The Supplier shall suspend access to the Linde SC Portal Account immediately, if the employment relationship with an authorized User ends. If access to the Linde SC Portal by a User is no longer required for other reasons, the Supplier will immediately suspend access to the Linde SC Portal Account as well.
    2. The Supplier shall inform Linde Engineering about any changes according to access rights to the Linde SC Portal.
    3. Linde Engineering is entitled to suspend access to a Linde Portal Account after six months of inactivity of a User.
  4. Privacy
    1. All personal data is processed in accordance with applicable data protection laws.
    2. The Supplier shall inform his Users about the processing of personal Data in the context of the Linde SC Portal. Linde Engineering as well as the Supplier will be separately responsible for answering User requests due to the processing of personal data within the Linde SC Portal. Where disclosure of requested information may affect another partner consultation will take place.
    3. The legal basis for the processing of personal data in the context of the Linde SC Portal is Art. 6 (1) lit. f EU-GDPR.  
    4. For more details, please see the separate Linde SC Portal Privacy Statement, to which Linde hereby expressly refers.
  5. Scope of right to use
    1. The Supplier as well as the User are permitted to use the Linde SC Portal only in accordance with these terms and conditions and any relevant law or regulation in their particular jurisdiction. In particular the User must not use the Linde SC Portal for any fraudulent or unlawful purpose.
    2. In the event that a Supplier has reason to believe that a Linde SC Portal Account has been used unauthorized, the Supplier has to suspend access and to inform Linde immediately.
  6. No Warranties
    Linde Engineering makes the Linde SC Portal available in its existing condition. In particular, Linde Engineering does not give express or implied warranties, or representations, that
     -          the Linde SC Portal is available without interruption
     -          the use of the Linde SC Portal is free from errors or is complete, accurate or up-to-date at all times.
  7. Liability
    Linde Engineering develops and maintains the Linde SC Portal carefully according to the current state of the art. Nevertheless, Linde is not in a position to be responsible for all imponderables in connection with an IT system. In particular, Linde cannot guarantee that the system will be always available or error-free at all times. Whereas Linde Engineering does not limit its liability under statutory law caused by willful intent or gross negligence of Linde Engineering or its representatives.
  8. Final Provisions
    1. Any other provisions of the Agreement notwithstanding, Linde Engineering shall have the right to terminate the Supplier’s access to the Linde Portal at any time without having to observe an advance notice period if the Supplier should violate any provision of this Terms and Conditions in a grave manner.
    2. In addition Linde Engineering expressly refers to the respective Conditions of Purchase which have been concluded between the specific Supplier and Linde Engineering.