5. Corporate Membership

To apply for corporate membership, please register here.

General Terms and Conditions

Preamble:

The present general terms and conditions (the “GTC”) govern the business relationship of Linkingbridge Ltd., a Luxembourg private limited company (société à responsabilité limitée) having its registered office at 6, rue Saint Laurent, L-7370 Lorentzweiler, Grand Duchy of Luxembourg and registered with the Luxembourg Trade and Companies Register under number B161183 (hereinafter referred to as "Linkingbridge") and the clients of Linkingbridge (hereinafter referred to as the “Client”)

These GTC contain a limitation of liability clause. The applicability of any other general terms and conditions is hereby expressly excluded unless Client signs with Linkingbridge a side letter or agreement that expressly overrides (clauses of) the present GTC.

By using the services of Linkingbridge, Client accepts, as an essential and prior condition, the following terms and conditions and Client shall be bound automatically by these GTC as well as their updates/modifications. Client furthermore agrees that such an acceptance shall have the same legal value as express acceptance in writing.

The content of the present GTC might be amended, supplemented or otherwise modified from time to time by Linkingbridge at its sole discretion. Such amended terms and conditions shall be notified to Client by Linkingbridge, such notification (which can be made electronically via the sending of an email to Client) being then sufficient to bind Client.

Moreover, the use of the website of Linkingbridge shall be governed by specific terms and conditions.

1. Subject of Contract

1.1. Reclamation.lu, developed by Linkingbridge, is a consumer platform (the “Platform”) which offers to professionals (including but not limited to companies and private persons having a commercial activity) an opportunity of getting into contact with consumers (hereinafter referred to as "Members") and, via the Platform, to consider their needs, problems, or requests in writing.

1.2. Linkingbridge will not share personal data received from Client with Members or third parties at any point unless it is required to do so by applicable laws and regulations. Linkingbridge shall keep the data of Client for billing purposes, saving them on its system. Sensitive data, such as IBAN or BIC numbers of Client will exclusively be used for billing purposes and will not be shared. Such data will not be visible or available to third parties. The email address of Client will also not be visible to third parties. Linkingbridge shall use the email address of Client to provide Client with immediate feedback as soon as a Member posts an experience with Client on the Platform.

1.3. Linkingbridge provides Client with the opportunity to get into contact with Members. Therefore, Linkingbridge provides the technical internet platform that enables communication between Members and Client. Linkingbridge is not liable for the potential contact between Client and Members or third parties. Linkingbridge is not involved in the content of the communications between Client and Members or third parties. Client is solely responsible for the execution and fulfillment of contracts or agreements concluded with Members or third parties. Linkingbridge is not liable, if, in connection with such a contract or an agreement, no contact between Client and the Members or a third party could come about. Neither is Linkingbridge liable for violation of duty in contracts or agreements between Client and the Members or a third party.

1.4. Linkingbridge is not responsible for any contents, comments or reports provided by Members or third parties on the Platform. Linkingbridge checks each Member’s comment and edits it before releasing it online. In this process, the comment is edited to the best of knowledge and belief to common language. Likewise, to the best of knowledge and belief, xenophobic, obscene or offensive contents will be removed from any post and not released online. Linkingbridge does not guarantee that the consumers’ posts are true or accurate. .

2. Obligations of Client and the Responsible Person

2.1. With obtained user name and password, Client has access to its own personal area on the Platform. At all times, Client is responsible for securing its access and the appropriate renewal of the password, for instance when the access-entitled employee leaves Client. Client must choose who of the entitled employees receives the credentials and is allowed to answer posts on behalf of Client. The employee must also ensure that the entitled employees keep their access confidential, not sharing them with third parties.

Client is committed to inform Linkingbridge immediately, as soon as it becomes aware that unauthorized third parties know the password.

2.2. The contact person that is defined in the specific section of Client on the Platform and the individual, who signs the contract for membership, represents Linkingbridge as representative and is responsible for inquiries or other claims against Client.

3. Availability of the Platform

Client acknowledges that, due to technical reasons, an availability of 100% cannot be realized. However, Linkingbridge endeavors, as much as possible, to maintain the availability of the platform at a constant level. Related to maintenance, security or capacity requirements and events that are beyond the control of Linkingbridge (e.g. disruptions in public communication networks, power failures etc.), may result in brief malfunctions or temporary interruptions of the Platform. All claims against Linkingbridge or the Platform, which are due to impairments and/or interruptions, irrespective of legal reasons, are, to the extent permitted by law, excluded.

4. Changes of Scope of Functions

Linkingbridge reserves the right to change any functionality of the Platform and its general design, unless, in particular cases, this is unreasonable for Client.

5. Data Protection for Members and Usage of the Platform

5.1. Client is committed to comply with applicable laws and to respect the rights of Members and third parties. Client’s own or other content put on the Platform should not violate any applicable law, the rights of third parties, or jeopardize the image of the Platform.

5.2. Client is committed to comply with the rights of the Members or third parties, in compliance with the applicable Luxembourg or European Data Protection Law. Thus, Client is prohibited to ask for, process or publish personal data of Members, or disclose them to third parties.

5.3. Client is prohibited to share any content from private communication between Members and Client, unless the Members agree.

5.4. According to § 2.1, Client has to consider the fault of the entitled employee as its own fault. Client needs to ensure that the entitled employee observes the general terms and conditions as well as applicable laws and all rights of third parties (in particular Members) when dealing with Linkingbridge/the Platform. Client needs to ensure that entitled employees do not share private communications without the agreement of the individual concerned.

5.5. If obligations of this contract, or failure to comply with regulations or violation of third party rights are given, or if Linkingbridge has a legitimate interest, Linkingbridge can, temporarily or permanently disable Cleint’s access to the Platform. Furthermore, the violation of those obligations may also lead to a termination of the contract with Client.

6. Contract Period, Fee, Price Adjustment

6.1. After the registration of Client on the Platform, Client is sent a membership contract by mail. After signing and sending the contract back to Linkingbridge, Client receives a 3-month free membership with a "partner" status on the Platform. Client can then answer contributions of consumers in its own name.

6.2. After the 3-month free membership, the aforesaid free membership automatically converts in a paid membership with a 6-month contract period, provided Client does not send a written notice of cancellation to Linkingbridge, up to one month before the initial free membership period expires.

6.3. A paid membership will be renewed automatically for another 6 months after the expiration of the 6-month period, unless Client resigns in writing up to one month before the contract of the 6-month membership expires.

6.4. The fee for a 6-month membership is depending on the size of Client. When submitting the membership agreement, Client receives an overview of the fees and chooses the appropriate contribution, depending on the number of employees. Linkingbridge reserves the right to review the actual number of employees and, in case, there is a deviation in the contribution rate, to adjust accordingly.

6.5. Membership fees are due upon receipt of invoice for the entire term of 6 months and to be paid in advance. At the beginning of the term, Client receives an invoice accordingly.

6.6. If a Company resigns his free or paid membership, the status of Client on the Platform will be set as "non-partner" and Client cannot post further consumers contributions. All previous entries remain visible. If, at any time, Client decides for a paid membership again, the status will be reset to "partner".

6.7. Linkingbridge reserves the right to change the contribution fee for the 6-month membership with effect to the next renewal period. To this end, Client receives a notification. In case of an increase in premiums, Client has the right to terminate the contract by mean of a written statement to Linkingbridge within four weeks after receipt of the invoice.

7. Exemption

7.1. Client frees Linkingbridge from all rights and claims asserted by third parties or government authorities against Linkingbridge due to an infringement by Client, a violation by Client of clauses of this GTC or violation of relevant data protection regulations by Client.

7.2. Client shall also be responsible for reasonable costs (including legal fees) that are charged to Linkingbridge due to a third party initiates or undertakes legal action (court or out of court) against Linkingbridge due to an infringement by Client, any violation by Client of clauses of the GTC or violation of relevant data protection regulations by Client.

7.3. All other rights, including damage claims by Linkingbridge remain unaffected.

7.4 The obligations of Client described above do not apply if Client is not responsible for the infringement.


8. Other Regulations

8.1. Linkingbridge reserves the right to modify these GTC at any time, without giving reasons,

unless this is unreasonable for Client. Linkingbridge will inform Client of any amendments to the GTC in a timely manner. If Client does not object the Validity of the new GTC within 4 weeks after the notification, the changed GTC are considered as accepted by Client. Linkingbridge will notify the user of his right to contradict and the relevance of the deadline of contradiction.

8.2. These terms and conditions are governed by Luxembourg laws. Any dispute or claim arising out or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of and in Luxembourg, notwithstanding plurality of defendants and even for summary proceedings

8.3. If individual provisions are or become invalid, the other provisions remain unaffected.

To apply for corporate membership, please register here.