GENERAL TERMS AND CONDITIONS
Article 1: Definitions
1. “Client”: the party that has given an assignment to Incubase to organize one or more Events and/or for the coordination of an Event.
2. “Event”: a meeting or conference organized/coordinated by Incubase in cooperation with Clients or on its own initiative.
3. “Event visitor”: a visitor to an Event.
4. “Exhibitor”: a party that has entered into an agreement with Incubase for placing or using a stand during an Event.
5. “Incubase”: Foundation Incubase, organizer and coordinator of Events.
6. “Participant”: each Partner/sponsor, Exhibitor, Client and Event visitor.
7. “Partner/sponsor”: a partner/sponsor that has entered into an agreement with Incubase for additional predetermined services to the Event.
Article 2: General
1. Unless emphatically expressed otherwise in writing, these general terms and conditions apply to all agreements, offers and propositions of Incubase with regard to participation in and organization/coordination of Events.
2. The applicability of any purchasing terms and conditions or other general terms and conditions of Participant is explicitly excluded.
3. Should one or more provisions of these general terms and conditions wholly or partially become invalid or void, the remaining provisions of these general terms and conditions shall remain fully applicable. Incubase and Participant will enter into negotiations to agree on new provisions to replace the invalid or void provisions, which comply, as much as possible with the purpose and intent of the original provisions.
Article 3: Payment Event visitor
1. Payment must be made within fourteen (14) days after the invoice date, in the currency specified by Incubase.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically and by operation of law, increase with an interest rate of five percent (5%) per month on the already overdue outstanding amount without judicial intervention or notice of default.
3. All judicial and extrajudicial costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Event visitor.
4. If the Event visitor believes that the billing(s) by Incubase are incorrect, Event visitor is obliged to specify its objections by written notice within eight (8) days upon the date of invoice.
Article 4: Payment Exhibitor, Partner/sponsor or Client
1. Payment must be made within fourteen (14) days upon the invoice date, in the currency specified by Incubase. Incubase is authorized to invoice monthly.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically increase with an interest rate of five percent (5%) per month on the already overdue outstanding amount, without judicial intervention or notice of default. All judicial and extrajudicial collection costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Exhibitor, Partner/sponsor or Client.
3. If the Exhibitor, Partner/sponsor or Client believes that the billings by Incubase are incorrect, he is obliged to specify his objections within eight (8) days upon the invoice date in writing.
Article 5: Cancellation Event visitor
Event visitor can make a cancellation in writing, up to four (4) weeks prior to the Event and free of charge. Thereafter Event visitor is required to pay the full amount due.
Article 6: Cancellation by Exhibitor or Partner/sponsor or Client
1. Cancellation by the Exhibitor, Partner/sponsor or Client must be in writing. In this case, the Exhibitor, Partner/sponsor or Client will owe the following cancellation fee to Incubase.
2. In case of cancellation by the Exhibitor longer than sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be twenty-five percent (25%) of Exhibitor’s total financial contribution to the Event.
3. In case of cancellation by the Exhibitor within sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be fifty percent (50%) of Exhibitor’s total financial contribution to the Event.
4. In case of cancellation by Partner/sponsor or Client longer than sixteen (16) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be fifty percent (50%) of their total financial contribution to the Event.
5. In case of cancellation by Partner/sponsor or Client within sixteen (16) weeks to twelve (12) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be seventy-five percent (75%) of Partner’s/sponsor’s or Client’s total financial contribution to the Event.
6. In case of cancellation by Partner/sponsor or Client within twelve (12) weeks prior to the Event, their cancellation fee will be hundred percent (100%) of their total financial contribution to the Event.
Article 7: Liability Event visitor
1. Participation in an Event, in whatever form, is always at Event visitor’s own risk. Incubase is not liable for personal injury sustained during and Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of the aforementioned items of value is carried out exclusively at the risk of Event visitor.
3. Event visitor is obliged to compensate the damages caused to Incubase by itself or a third party for which Event visitor is responsible during an Event.
Article 8: Liability Exhibitor
1. Participation in an Event, in whatever form, is always at Exhibitor’s own risk. Incubase is not liable for personal injury sustained during and Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of the aforementioned items of value is carried out exclusively at the risk of the Exhibitor, his staff and third parties engaged by Exhibitor.
3. The Exhibitor is obliged to compensate the damages caused by Exhibitor, Exhibitor’s staff and/or third parties engaged by Exhibitor to Incubase.
Article 9: Liability Partner/sponsor or Client
1. Participation in an Event, in whatever form, is always at Partner’s/sponsor’s or Client’s own risk. Incubase is not liable for personal injury sustained during an Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of aforementioned items of value is carried out exclusively at the risk of the Partner/sponsor or Client, their staff and third parties engaged by the Partner/sponsor or Client.
3. The Partner/sponsor or Client is obliged to compensate the damages caused by their staff and/or Partner/sponsor, Client or third parties engaged by Partner/sponsor or Client to Incubase.
Article 10: Complaints
Complaints relating to the organization of the Even should be reported as soon as possible by written notice or e-mail message, but ultimately within three (3) days after the Event. Complaints after the period referred to in the previous sentence will not be considered.
Article 11: Force Majeure
If Incubase’s performance under these General Terms and Conditions is delayed or prevented by circumstances beyond its reasonable control, Incubase will not be in breach of such conditions because of that delay in performance. However, if the delay in performance is more than three (3) months, any Participant may terminate its agreement with Incubase with immediate effect by giving written notice.
Article 12: Changes or cancellation of an Event
1. Incubase reserves the right to cancel an Event, change the location or the date of an Event by written notice at least one (1) month in advance of the Event, without being obliged to pay any compensation to any Event.
2. When Incubase decides to change a fixed Event location or date, or the Event has to be cancelled, pursuant to the provisions of section 1 of this article, a Participant in no circumstances can claim compensation from Incubase.
3. The Event visitor is entitled to cancel its visit free of charge, in writing to Incubase within five (5) working days after Incubase has informed the Event visitor that the date of the Event has been changed.
4. In case of cancellation of an Event by Incubase or the provisions mentioned in section 3 of this article Incubase will refund the amount already paid.
Article 13: Intellectual Property, Data protection and Footage
1. Participant is not authorized to duplicate (parts of) the program booklet, posters, flyers and or (promotional) material produced by, or on behalf, of Incubase.
2. Incubase collects, processes, and uses data of Participants, in accordance with data protection laws and its privacy statement. Photos and/or film footage will be taken at the Event and will be used for promotional use which shall include, but is not limited to, publications on social media, the Incubase website, Incubase newsletters and invitations for other Events. By accepting these general terms and conditions and attending an Event, a Participant gives permission to Incubase for publication of photos made and film footage, in which Participant is visible.
3. A Participant who appears in the material is not entitled to claim any fees; nor can a Participant demand to be mentioned by name if the material is published. If Participant no longer consents to publication in the future, such Participant may withdraw its consent from Incubase in writing at any time.
Article 14: Governing Law and Competent Court
1. These terms shall be construed and interpreted in accordance with the laws of the Netherlands.
2. The courts of Overijssel, The Netherlands, shall have exclusive jurisdiction over a dispute arising out of or in connection with these terms, as well as over any claims to demand performance under these terms.
PRIVACY STATEMENT
1. Types of personal data
To provide its services, Incubase only collects and processes standard personal data, such as a data subject’s name and address information, date of birth and contact details (email address, telephone number, etcetera).
2. Rights of data subjects
Data subjects have the following rights pertaining to personal data of theirs that is collected/processed by Incubase:
Rectification: If you believe that your data, which Incubase has collected and/or recorded, is incorrect and/or incomplete, you can submit a request to have this personal data rectified and/or completed.
Access: You have the right to request a complete overview of the personal data that Incubase has recorded on you.
Erasure: In certain cases, you have the right to be forgotten. This means that you may request Incubase to delete all data that concerns you.
Withdraw consent: At some point, you gave Incubase (explicit) consent to process your personal data, but you now wish to withdraw that consent.
Object (Article 21 GDPR): You object to the processing of your personal data on the grounds of Article 21 of the GDPR. Under certain conditions, you have the right to object to the processing of your personal data. This is only possible if Incubase processes your data based on a general or common interest, not if this is done to meet a legal obligation.
Restriction: The processing of your personal data is temporarily ceased. You can e.g. exercise this right if you are not certain about the correctness or completeness of the data Incubase has on you. When you submit a “request to restriction of processing,” your personal data is not deleted, since it must remain possible to undo the requested restriction
Data portability: You have the right to “transfer” your personal data. When you exercise this right, you will receive a copy of your personal data as it was processed by Incubase.
3. Special and/or confidential personal data
Our website and/or service has no intention to collect data on website visitors who are under the age of 16 and/or to collect special categories of personal data, unless these data subjects have permission from a parent or guardian. However, we cannot verify whether a visitor is over the age of 16. We therefore advise parents to monitor their child(ren)’s online activities in order to prevent the collection and processing of personal data without their consent. If you are convinced that we have collected personal data on a minor without parental consent, you can contact us via info@incubase.nl and we will delete this data.
4. The purposes of our data processing
Incubase processes your personal data for the following purposes:
To send our newsletters and/or flyers;
To call or email you if this is necessary for our service provision;
To inform you about any changes to our services and products;
To deliver goods and services to you.
Furthermore, we may collect the personal data you enter on Incubase websites in order to keep you up to date on various activities.
5. Automated decision-making
Incubase does not use automated data processing to make decisions about matters that may have (serious) consequences for the persons in question.
6. Data retention period
Incubase does not store your personal data any longer than strictly necessary in order to realise the purposes for which your data is collected. The personal data we collect is stored for a period of 14 months after our last contact. We do this to keep data subjects up to date on developments pertaining to our services.
7. Sharing personal data with third parties
Incubase will share your personal data with various third parties if this is necessary in order to execute the agreement and meet any legal obligations. We enter into processing agreements with businesses that process your data at our request to make sure they employ similar standards of data security and confidentiality.
8. Cookies, or similar techniques, that we use
Incubase uses functional, analytical, and tracking cookies. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. When you first visited our website, we already informed you about these cookies and asked your consent to use them.
You can opt out of receiving cookies by changing your internet browser’s settings to keep it from storing cookies. Furthermore, you can delete any data that has already been stored via your browser’s settings.
Third parties, e.g. advertisers and/or social media companies, also use cookies on this website.
9. Data protection
Incubase takes the protection of your personal data seriously and has implemented appropriate measures to prevent the misuse, loss, unauthorised access, unwanted publication, and unauthorised alteration of your data.
10. Photography during events
When you attend a Incubase event, you may have your picture taken. In light of the GDPR, Incubase considers the use of these pictures on its social media channels a legitimate interest. If you are in a picture and would like it to be deleted, you can submit your request via email to info@incubase.nl. We will process your request within four weeks of reception.
11. Lodging a complaint
Incubase also wants to remind you that you have the option to lodge a complaint with the national privacy watchdog: the Dutch Data Protection Authority. You can do so via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
Last updated: 25-10-2018
Incubase may update this privacy statement from time to time. An updated privacy statement enters into force on the date listed above.
GENERAL TERMS AND CONDITIONS
Article 1: Definitions
1. “Client”: the party that has given an assignment to Incubase to organize one or more Events and/or for the coordination of an Event.
2. “Event”: a meeting or conference organized/coordinated by Incubase in cooperation with Clients or on its own initiative.
3. “Event visitor”: a visitor to an Event.
4. “Exhibitor”: a party that has entered into an agreement with Incubase for placing or using a stand during an Event.
5. “Incubase”: Foundation Incubase, organizer and coordinator of Events.
6. “Participant”: each Partner/sponsor, Exhibitor, Client and Event visitor.
7. “Partner/sponsor”: a partner/sponsor that has entered into an agreement with Incubase for additional predetermined services to the Event.
Article 2: General
1. Unless emphatically expressed otherwise in writing, these general terms and conditions apply to all agreements, offers and propositions of Incubase with regard to participation in and organization/coordination of Events.
2. The applicability of any purchasing terms and conditions or other general terms and conditions of Participant is explicitly excluded.
3. Should one or more provisions of these general terms and conditions wholly or partially become invalid or void, the remaining provisions of these general terms and conditions shall remain fully applicable. Incubase and Participant will enter into negotiations to agree on new provisions to replace the invalid or void provisions, which comply, as much as possible with the purpose and intent of the original provisions.
Article 3: Payment Event visitor
1. Payment must be made within fourteen (14) days after the invoice date, in the currency specified by Incubase.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically and by operation of law, increase with an interest rate of five percent (5%) per month on the already overdue outstanding amount without judicial intervention or notice of default.
3. All judicial and extrajudicial costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Event visitor.
4. If the Event visitor believes that the billing(s) by Incubase are incorrect, Event visitor is obliged to specify its objections by written notice within eight (8) days upon the date of invoice.
Article 4: Payment Exhibitor, Partner/sponsor or Client
1. Payment must be made within fourteen (14) days upon the invoice date, in the currency specified by Incubase. Incubase is authorized to invoice monthly.
2. Any overdue, unpaid invoice or any overdue outstanding balance will automatically increase with an interest rate of five percent (5%) per month on the already overdue outstanding amount, without judicial intervention or notice of default. All judicial and extrajudicial collection costs, costs for lawyers, bailiffs and debt collection agencies included, shall be borne by the Exhibitor, Partner/sponsor or Client.
3. If the Exhibitor, Partner/sponsor or Client believes that the billings by Incubase are incorrect, he is obliged to specify his objections within eight (8) days upon the invoice date in writing.
Article 5: Cancellation Event visitor
Event visitor can make a cancellation in writing, up to four (4) weeks prior to the Event and free of charge. Thereafter Event visitor is required to pay the full amount due.
Article 6: Cancellation by Exhibitor or Partner/sponsor or Client
1. Cancellation by the Exhibitor, Partner/sponsor or Client must be in writing. In this case, the Exhibitor, Partner/sponsor or Client will owe the following cancellation fee to Incubase.
2. In case of cancellation by the Exhibitor longer than sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be twenty-five percent (25%) of Exhibitor’s total financial contribution to the Event.
3. In case of cancellation by the Exhibitor within sixteen (16) weeks prior to the Event, the Exhibitor’s cancellation fee will be fifty percent (50%) of Exhibitor’s total financial contribution to the Event.
4. In case of cancellation by Partner/sponsor or Client longer than sixteen (16) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be fifty percent (50%) of their total financial contribution to the Event.
5. In case of cancellation by Partner/sponsor or Client within sixteen (16) weeks to twelve (12) weeks prior to the Event, Partner’s/sponsor’s or Client’s cancellation fee will be seventy-five percent (75%) of Partner’s/sponsor’s or Client’s total financial contribution to the Event.
6. In case of cancellation by Partner/sponsor or Client within twelve (12) weeks prior to the Event, their cancellation fee will be hundred percent (100%) of their total financial contribution to the Event.
Article 7: Liability Event visitor
1. Participation in an Event, in whatever form, is always at Event visitor’s own risk. Incubase is not liable for personal injury sustained during and Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of the aforementioned items of value is carried out exclusively at the risk of Event visitor.
3. Event visitor is obliged to compensate the damages caused to Incubase by itself or a third party for which Event visitor is responsible during an Event.
Article 8: Liability Exhibitor
1. Participation in an Event, in whatever form, is always at Exhibitor’s own risk. Incubase is not liable for personal injury sustained during and Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of the aforementioned items of value is carried out exclusively at the risk of the Exhibitor, his staff and third parties engaged by Exhibitor.
3. The Exhibitor is obliged to compensate the damages caused by Exhibitor, Exhibitor’s staff and/or third parties engaged by Exhibitor to Incubase.
Article 9: Liability Partner/sponsor or Client
1. Participation in an Event, in whatever form, is always at Partner’s/sponsor’s or Client’s own risk. Incubase is not liable for personal injury sustained during an Event, except in the cases of a wilful act or gross negligence by Incubase.
2. Incubase is also not liable in case of loss, theft or damage of items of value, estate, jewellery, art objects, valuable documents or other items of value. The safekeeping of aforementioned items of value is carried out exclusively at the risk of the Partner/sponsor or Client, their staff and third parties engaged by the Partner/sponsor or Client.
3. The Partner/sponsor or Client is obliged to compensate the damages caused by their staff and/or Partner/sponsor, Client or third parties engaged by Partner/sponsor or Client to Incubase.
Article 10: Complaints
Complaints relating to the organization of the Even should be reported as soon as possible by written notice or e-mail message, but ultimately within three (3) days after the Event. Complaints after the period referred to in the previous sentence will not be considered.
Article 11: Force Majeure
If Incubase’s performance under these General Terms and Conditions is delayed or prevented by circumstances beyond its reasonable control, Incubase will not be in breach of such conditions because of that delay in performance. However, if the delay in performance is more than three (3) months, any Participant may terminate its agreement with Incubase with immediate effect by giving written notice.
Article 12: Changes or cancellation of an Event
1. Incubase reserves the right to cancel an Event, change the location or the date of an Event by written notice at least one (1) month in advance of the Event, without being obliged to pay any compensation to any Event.
2. When Incubase decides to change a fixed Event location or date, or the Event has to be cancelled, pursuant to the provisions of section 1 of this article, a Participant in no circumstances can claim compensation from Incubase.
3. The Event visitor is entitled to cancel its visit free of charge, in writing to Incubase within five (5) working days after Incubase has informed the Event visitor that the date of the Event has been changed.
4. In case of cancellation of an Event by Incubase or the provisions mentioned in section 3 of this article Incubase will refund the amount already paid.
Article 13: Intellectual Property, Data protection and Footage
1. Participant is not authorized to duplicate (parts of) the program booklet, posters, flyers and or (promotional) material produced by, or on behalf, of Incubase.
2. Incubase collects, processes, and uses data of Participants, in accordance with data protection laws and its privacy statement. Photos and/or film footage will be taken at the Event and will be used for promotional use which shall include, but is not limited to, publications on social media, the Incubase website, Incubase newsletters and invitations for other Events. By accepting these general terms and conditions and attending an Event, a Participant gives permission to Incubase for publication of photos made and film footage, in which Participant is visible.
3. A Participant who appears in the material is not entitled to claim any fees; nor can a Participant demand to be mentioned by name if the material is published. If Participant no longer consents to publication in the future, such Participant may withdraw its consent from Incubase in writing at any time.
Article 14: Governing Law and Competent Court
1. These terms shall be construed and interpreted in accordance with the laws of the Netherlands.
2. The courts of Overijssel, The Netherlands, shall have exclusive jurisdiction over a dispute arising out of or in connection with these terms, as well as over any claims to demand performance under these terms.
PRIVACY STATEMENT
1. Types of personal data
To provide its services, Incubase only collects and processes standard personal data, such as a data subject’s name and address information, date of birth and contact details (email address, telephone number, etcetera).
2. Rights of data subjects
Data subjects have the following rights pertaining to personal data of theirs that is collected/processed by Incubase:
Rectification: If you believe that your data, which Incubase has collected and/or recorded, is incorrect and/or incomplete, you can submit a request to have this personal data rectified and/or completed.
Access: You have the right to request a complete overview of the personal data that Incubase has recorded on you.
Erasure: In certain cases, you have the right to be forgotten. This means that you may request Incubase to delete all data that concerns you.
Withdraw consent: At some point, you gave Incubase (explicit) consent to process your personal data, but you now wish to withdraw that consent.
Object (Article 21 GDPR): You object to the processing of your personal data on the grounds of Article 21 of the GDPR. Under certain conditions, you have the right to object to the processing of your personal data. This is only possible if Incubase processes your data based on a general or common interest, not if this is done to meet a legal obligation.
Restriction: The processing of your personal data is temporarily ceased. You can e.g. exercise this right if you are not certain about the correctness or completeness of the data Incubase has on you. When you submit a “request to restriction of processing,” your personal data is not deleted, since it must remain possible to undo the requested restriction
Data portability: You have the right to “transfer” your personal data. When you exercise this right, you will receive a copy of your personal data as it was processed by Incubase.
3. Special and/or confidential personal data
Our website and/or service has no intention to collect data on website visitors who are under the age of 16 and/or to collect special categories of personal data, unless these data subjects have permission from a parent or guardian. However, we cannot verify whether a visitor is over the age of 16. We therefore advise parents to monitor their child(ren)’s online activities in order to prevent the collection and processing of personal data without their consent. If you are convinced that we have collected personal data on a minor without parental consent, you can contact us via info@incubase.nl and we will delete this data.
4. The purposes of our data processing
Incubase processes your personal data for the following purposes:
To send our newsletters and/or flyers;
To call or email you if this is necessary for our service provision;
To inform you about any changes to our services and products;
To deliver goods and services to you.
Furthermore, we may collect the personal data you enter on Incubase websites in order to keep you up to date on various activities.
5. Automated decision-making
Incubase does not use automated data processing to make decisions about matters that may have (serious) consequences for the persons in question.
6. Data retention period
Incubase does not store your personal data any longer than strictly necessary in order to realise the purposes for which your data is collected. The personal data we collect is stored for a period of 14 months after our last contact. We do this to keep data subjects up to date on developments pertaining to our services.
7. Sharing personal data with third parties
Incubase will share your personal data with various third parties if this is necessary in order to execute the agreement and meet any legal obligations. We enter into processing agreements with businesses that process your data at our request to make sure they employ similar standards of data security and confidentiality.
8. Cookies, or similar techniques, that we use
Incubase uses functional, analytical, and tracking cookies. A cookie is a small text file that is stored on your computer, tablet or smartphone when you first visit this website. When you first visited our website, we already informed you about these cookies and asked your consent to use them.
You can opt out of receiving cookies by changing your internet browser’s settings to keep it from storing cookies. Furthermore, you can delete any data that has already been stored via your browser’s settings.
Third parties, e.g. advertisers and/or social media companies, also use cookies on this website.
9. Data protection
Incubase takes the protection of your personal data seriously and has implemented appropriate measures to prevent the misuse, loss, unauthorised access, unwanted publication, and unauthorised alteration of your data.
10. Photography during events
When you attend a Incubase event, you may have your picture taken. In light of the GDPR, Incubase considers the use of these pictures on its social media channels a legitimate interest. If you are in a picture and would like it to be deleted, you can submit your request via email to info@incubase.nl. We will process your request within four weeks of reception.
11. Lodging a complaint
Incubase also wants to remind you that you have the option to lodge a complaint with the national privacy watchdog: the Dutch Data Protection Authority. You can do so via the following link: https://autoriteitpersoonsgegevens.nl/nl/contact-met-de-autoriteit-persoonsgegevens/tip-ons
Last updated: 25-10-2018
Incubase may update this privacy statement from time to time. An updated privacy statement enters into force on the date listed above.