These Terms of Use, including the Privacy Notice and Cookie Statement, govern the use of this marketplace provided by Arcadis Gen Holdings Ltd and/or its affiliates ("Arcadis Gen") unless stated otherwise. They may be changed by posting amended versions. You are advised to regularly read them for possible changes.

Quicklinks:

• Applicability
• Access, use & performance
• Intellectual property
• Limited liability
• Other websites
• Law & jurisdiction

1. Applicability

• These Terms of Use apply to all visits to and all use of the Arcadis Gen Marketplace (“marketplace”), as well as to all information, recommendations and/or services provided to you on or through the marketplace offered by Arcadis Gen (the "Information"). By using the marketplace and Information, you agree to their applicability.




• Any product subscriptions purchased/licensed by you will be subject to separate terms and conditions that will be shared with you once you purchase/license the product from us.

2. Access to, use and performance of the marketplace

• You must not: (i) infringe our intellectual property rights or those of our licensors; (ii) decompile, decipher, disassemble, reverse engineer or otherwise decrypt the marketplace or website; (iii) use the marketplace or website to provide services to a third party or allow any third party to obtain a copy of the app/product purchased via the marketplace, or access or use them, save as expressly agreed in writing by us in advance, or where required by law; (iv) use the platform without obtaining any necessary permits, consents or licences required to inter-operate the platform with other software, hardware or data you use or licence, if applicable; (v) use the platform on any unsuitable system; (vi) duplicate, modify or create a derivative work from the marketplace without our prior written consent.




• We may suspend the use of or access to the marketplace from time to time: (i) to perform routine or emergency maintenance; (ii) to implement service changes and upgrades to the marketplace; (iii) to mitigate issues caused by any acts or omissions of third parties or issues with any internet infrastructure; or (v) if the marketplace is, in our opinion being misused. Any such downtime will be limited to the minimum extent necessary in the circumstances, as determined by us.




• You agree that we can store any information supplied by you, or anyone else working with or for you, in our benchmarking database or use for data analytics purposes. We will take appropriate technical and organisational security measures to preserve the confidentiality of this information. It may be combined with information of other parties to provide reports and services to other parties, as long as neither you nor anyone else can be identified from those reports and services.




• • You agree that we can store any information supplied by you, or anyone else working with or for you, in our benchmarking database or use for data analytics purposes. We will take appropriate technical and organisational security measures to preserve the confidentiality of this information. It may be combined with information of other parties to provide reports and services to other parties, as long as neither you nor anyone else can be identified from those reports and services.

3. Intellectual Property

• You acknowledge that all rights, including all intellectual property rights, title and interest in the marketplace, any apps made available on it and Information (including software and the content provided through or on the marketplace) belong to and will remain with us (or our licensors) and that you are not acquiring any property rights in the marketplace or any information it contains.

4. Limited Liability

• We do not make any warranty of any kind whatsoever, either express or implied, including but not limited to implied warranties or quality or fitness for a particular purpose, availability, or security. We make no representations or warranties, express or implied, as to the accuracy or completeness of the marketplace and/or its contents. We do not warrant the results of the platform or that the platform will meet your requirements.




• You agree that our total liability for all claims connected with your use of the marketplace and its Information is limited to the fees payable (excluding VAT) in the twelve (12) month period preceding the date of the first incident giving rise to the liability.




• You agree that we will not be liable for any (i) loss or corruption of data (ii) loss of profit, goodwill, business opportunity, anticipated savings; (iii) any indirect or consequential loss.




• Nothing in these Terms of Use will limit a person’s liability for (i) death or personal injury caused by that person’s negligence, (ii) that person’s fraud or (iii) anything else that cannot by law be limited.

5. Links to other websites and social media

• On the marketplace you may find a number of links to other websites. Although these websites are selected with care, we are not responsible for the processing of your personal data through these websites. Arcadis Gen’s Terms and Conditions (top of this page) and Privacy Statement are therefore not applicable to the use of such websites.

6. Law and jurisdiction

• These Terms of Use, including the Cookie Policy and the Privacy Statement, shall be exclusively governed by Law of England and Wales. All disputes arising in connection with these Terms of Use, including the Cookie Policy and the Privacy Statement, including but not limited to disputes concerning the existence and validity thereof, shall be resolved by the competent courts of London, England.