icon of a house
Home
 icon of an arrow to the right Terms and conditions
MyImpactTool terms and conditions
Last updated: October 1, 2023. Effective as of November 1, 2023.
These general terms of service replace and supersede all prior versions.

These General Terms and Conditions set forth the terms and conditions pursuant to which VO GROUP provides access to the Platform and the Services to Customers.

1. General

1.1. Platform Description

VO GROUP provides the Customer with reports of the environmental and societal impacts of the actions taken by the Customer via a web platform accessible via any web browser. This platform is dedicated to improving the environment and societal performances of event projects and communication campaigns.

The library of statistical models of VO GROUP allows the Customer to get access to reports, forecasts, trajectories simulations, cross tabulations, benchmarking, carbon footprint calculation, and analytical tools.

1.2. Contractual Documents

The Agreement consists of the following contractual documents:

  • The Subscription Form;
  • Where applicable, the Professional Services Order Form;
  • The General Terms and Conditions;
  • The Privacy Policy and Cookies Notice.

In the event of conflict between the above documents, the documents higher in the list above shall supersede those lower in the list. All contractual relationships between VO Group and the Customer shall be governed by the contractual documents as listed above.

1.3. Customer Types

The Service is available only to Business Clients and not to Consumers. For the purpose of these General Terms and Conditions, (i) a “Consumer” is any individual entering into the Agreement for a purpose not related to his or her business, trade, or self-employed professional activity, and (ii) a “Business Client” is a Customer who enters into the Agreement in the conduct of its business or its self-employed professional activity.

1.4. Definitions

Here are some key definitions:

  • “Agreement” means the agreement concluded between VO Group and the Customer in relation to the Platform and the Services;
  • “Customer” means the individual, company, association, or partnership vested with legal capacity as specified in the Subscription Form who enters into the Agreement;
  • “Hosted Data” means the data transmitted to, loaded into, or stored in, the Platform by Customer and Users or otherwise through the use of the Platform;
  • “Login Credentials” means the identification login and password required to access the Platform;
  • “Platform” means the standard commercially available “My Impact Tool” web platform on which VO Group is providing the Platform Services;
  • “Platform Services” means the services provided by VO GROUP on the Platform under the Agreement;
  • “Professional Services” means the additional consultancy services and/or training and support services ordered by the Customer on the Professional Services Order Form;
  • “Professional Services Order Form” means the order form accepted by the Customer and stipulating the specific terms and conditions of the Professional Services;
  • “Services” means the “Professional Services” and the “Platform Services”;
  • “Subscription Form” means the subscription form accepted by the Customer and stipulating the specific terms and conditions of the access to Platform and the Platform Services;
  • “User” means persons who are representatives, employees, or consultants of the Customer;
  • “VO GROUP” means VO GROUP, a company incorporated under the laws of Belgium with registered office at 1180 Brussels, Rue de Stalle 142 and company number 0898 188 425.

2. Registration and access to the Platform

2.1. The use of the Platform Services requires prior registration on the Platform by creating an account.

2.2. The Customer is responsible for the accuracy of the information necessary for registration.

2.3. VO GROUP shall provide access to the Platform immediately upon reception of the fees in accordance with Article 4. The Customer shall then have a non-exclusive right to access and use the Platform and the right to benefit from the Platform Services.

2.4. The Customer is obligated to keep his Login Credentials secret and protect them against unauthorized use by third parties. In case of misuse or loss of the credentials or in case of an appropriate suspicion, the Customer must report the same to VO GROUP to support@myimpacttool.com.

2.5. Customer shall ensure that only authorized Users can access and use the Platform, and that they comply with the Agreement.

3. Quality of the Platform

3.1. Customer is aware of the technical risks inherent with the Internet and access interruptions that may result. Consequently, VO GROUP shall not be liable for any downtime or slowdowns in relation to the Platform. VO GROUP is not able to guarantee the continuity of the Services, run remotely via the Internet, which is acknowledged by Customer.

3.2. VO GROUP reserves the right to provide periodic releases product updates, feature enhancements, patches, and bug-fixes. VO GROUP undertakes to minimize the impact of such modifications on the Customer as far as possible. To minimize the impact on the Platform accessibility during maintenance activities, VO GROUP will conduct these maintenance tasks outside regular office hours and will ensure that the downtime does not exceed 30 minutes. Wherever possible, VO GROUP will endeavor to inform the Customer on the new features per release.

4. Professional Services

4.1. The Customer may ask VO GROUP to provide a number of Professional Services, such as the following:

  • Consultancy services to identify concrete improvement steps for a standard event or campaign;
  • Training and support services to the Customer to enter data into the Platform and to interpret its impact report.

4.2. Professional Services ordered by the Customer will be subject to the Service Order Form.

4.3. The Customer shall provide VO GROUP with all information, documents, assistance, and support reasonably necessary or useful to perform the Professional Services.

4.4. VO GROUP and the natural persons appointed to perform the Professional Services will organize and perform the Services independently and autonomously. However, VO GROUP shall devote the average time specified in the Professional Services Order Form to perform the Professional Services.

4.5. For the duration of this Agreement and for a period of six months following its expiry or termination, no party shall solicit, entice or persuade or attempt to solicit, entice or persuade any employee of or consultant to the other party or any parent, subsidiary or affiliate of the other party to leave the services of the other party or any such parent, subsidiary or affiliate for any reason.

5. Fees and payment terms

5.1. The yearly subscription fee for the access to the Platform and the Platform Services shall be as quoted in the Subscription Form.

Unless otherwise stated in the Subscription Form, the fees shall be invoiced by VO GROUP and paid by the Customer annually in advance.

5.2. The fees for the Professional Services shall be as quoted in the Professional Services Order Form. Professional Services are invoiced each month on the basis of the services provided during the last month.

5.3. All sums payable under this Agreement are exclusive of VAT or any relevant local sales taxes, for which the Customer shall be responsible.

5.4. VO GROUP shall not modify the fees during the first year of the Agreement (excluding any applicable tax, including VAT). After that period, VO GROUP reserves the right to annually review these fees after giving notice to the Customer 30 days before the start of the new fee. During this period, the Customer may terminate the Agreement without costs or damages.

5.5. Fees which are not fully paid on the due date will automatically attract annual interest of 12% and a contractual flat-rate amount corresponding to 20% with a minimum of 250,00 EUR by unpaid invoice without prior formal notice. In addition to these fees and interest, VO GROUP may also charge an administrative fee of 20,00 EUR for each reminder notice.

6. Duration and Termination

6.1. The Agreement shall commence on the date of signing the Agreement by the parties, or from the date of the last signature if the parties do not sign on the same day ("Effective Date") and shall remain in force, and all its effects for a period of twelve (12) months from the Effective Date ("Initial Period").

On expiry of the Initial Period, the Agreement shall be automatically renewed for successive periods of twelve (12) months ("Renewal Period"), unless a notice of termination by registered letter with acknowledgment of receipt is sent by either party at least two (2) months before the end of the Initial Term or any Renewal Term, as applicable.

6.2. VO GROUP reserves the right to suspend Customer’s access to the Platform if the Customer materially fails to comply with any obligation under the Agreement.

6.3. Upon termination of the Agreement:

  • Customer shall stop using the Platform and the Login Credentials shall be deactivated by VO GROUP;
  • VO GROUP will not provide any Hosted Data any longer to Customer. VO GROUP will delete Hosted Data after termination of the Agreement. Nevertheless, some Hosted Data may be retained and used as stated in the Privacy Policy;
  • VO GROUP shall not give credits or refunds for any unexpired periods of Professional Services.

7. Customer’s responsibilities and warranties

7.1. The Customer and Users are solely responsible for the Hosted Data. Customer is solely responsible for the quality, legality, relevance of Hosted Data and contents communicated to VO GROUP for the use the Platform.

7.2. VO GROUP has no ability to and does not control or monitor any of the Hosted Data. VO GROUP is not responsible or liable for the availability, accuracy, completeness, freshness, and legality of the Hosted Data.

8. Prohibited use

8.1. The Customer may not:

  • use any part of the analytics provided on the Platform in order to build or support, and/or assist a third party in building or supporting services competitive to VO GROUP;
  • market, distribute, sell, license, lease, transfer, assign, host, outsource, promote, or otherwise commercially exploit or make available in any manner or in any form any part of the Platform;
  • provide third party access to the Platform by any means;
  • copy any part of the Platform in order to build or replicate the Platform internally.

9. Liability of VO GROUP

9.1. As part of the performance of the Agreement, VO GROUP shall only assume best effort obligations.

VO GROUP relies on empirical data and statistical models to provide the Customers with reports of the environmental and societal performances of event projects and/or communication campaigns of the Customer, in order to improve these performances. These analyses and reports are provided for information purposes only and shall not be relied upon as a promise or representation as to future performance.

Consequently, the Customer is aware and agrees that VO GROUP shall not be held liable for actions and decisions taken by the Customer based on the Services.

9.2. Customer acknowledges that, whilst VO GROUP is acting as an advisor by performing the Services, it is not providing (nor shall be held responsible for) any environmental or societal advice (and Customer should obtain separate, expert advice for each of these matters).

9.3. VO GROUP shall not be liable whatsoever for accidental loss and/or corruption of Hosted Data. In addition, VO GROUP shall not be liable for the accidental destruction of Hosted Data by Customer or by a third party accessing the Platform with the Login Credentials provided to Customer. Customer is solely responsible for backing up appropriately all Hosted Data and is committed to taking appropriate measures to protect Hosted Data.

9.4. VO GROUP shall not be liable for:

  • For any damage whatsoever that Customer may incur as a result of the suspension and/or termination of the Agreement in accordance with the provision of the Agreement;
  • For any damage caused by an interruption or decrease in service from a telecommunications operator or electricity supplier;
  • For any consequential losses (including loss of profits and/or damage to goodwill), economic and/or other similar losses, special damages and indirect losses; and/or business interruption, loss of business, contracts, and/or opportunity;
  • For accidental loss and/or corruption of Hosted Data;
  • In case of misuse of access to the Platform or misuse of Login Credentials by a third party that would have obtained the Login Credentials due to the fault, negligence, or omission of Customer or User, or in case of hacking of Login Credentials by a third party;
  • For damage caused by a virus spread from or through Customer’s equipment or due to computer hacking;
  • For any difficulty in using the Platform related to Internet access, connection speed, and/or availability of the Internet by Customer that is solely responsible for having an adequate internet connection to access the Platform and use it correctly;
  • For any difficulty of use of the Platform resulting from Customer’s computer equipment related or from its incompatibility for proper use of the Platform, included due to all third-party software;
  • In case of delay in performing its obligations if VO GROUP’s inability to perform its services is resulting from a fault committed by Customer, including a lack of GROUP of necessary information;
  • In case of unavailability of the Platform due to updating, maintenance, or interference, technical or other, affecting all or part of the Platform and outside the control of VO GROUP (without this situation being necessarily a force majeure) and in case of force majeure.

9.5. VO GROUP does not guarantee that:

  • The Platform meets the requirements and objectives that Customer would have set or performs specific tasks that Customer would not have previously communicated in writing and that would not have been approved by VO GROUP in writing;
  • The operation of the Platform will be error-free or uninterrupted (including without limitation due to network outages or failures and/or delays from third parties);
  • Defects of the Platform will be corrected.

9.6. In any case, if VO GROUP is held liable under this Agreement to Customer, such liability shall be limited to the aggregate amount of the annual fee.

10. Intellectual Property Rights

10.1. Subject to compliance with the General Terms and Conditions, VO GROUP grants the Customer and Users a limited non-exclusive, non-transferable license to access and make personal use of the Platform and the Services and not to download or modify it, as part or as a whole (the “My Impact Tool License”). The My Impact Tool License does not include the right of any resale or other use outside the offered Services. Any commercial use of the Platform and/or Services requires VO GROUP’s prior written approval. The My Impact Tool License granted to a Customer will automatically terminate without notice from VO GROUP if the respective Customer breaches any terms of these General Terms and Conditions. The temporary delivery of the Platform and/or Services in accordance with the Agreement shall not be deemed or interpreted as the transfer of any intellectual property rights for the benefit of Customer. Customer agrees not to reproduce any element of the Platform and/or Services or documentation by any means or in any form whatsoever and on any support whatsoever.

10.2. VO GROUP does not claim any ownership rights in Hosted Data. However, by uploading, streaming, emailing, or otherwise transmitting any Hosted Data to VO GROUP, the Customer hereby grants VO GROUP the non-exclusive, worldwide, royalty-free, right to use, in particular to copy, modify, transmit, store, archive, display, and publish the Hosted Data for the purpose of providing the Services.

10.3. The Customer agrees that VO GROUP may use information provided by the Customer (i.e. the name/trademark) for marketing purposes as reference on the Platform. The Customer may withdraw such consent by writing an email to support@myimpacttool.com.

10.4. No license, right, or interest in VO GROUP logos or trademarks is granted to the Customer under this Agreement.

11. Data Protection

Please see our Privacy Policy.

12. Force majeure

Neither party shall be held liable for any breach of its obligations under the Agreement if such failure is due to: a government decision, including any withdrawal or suspension of licenses of any kind, of a total or partial strike, internal or external to VO GROUP, a fire, a natural disaster, a state of war, a total or partial interruption or blockage networks telecommunications or electrical, computer hacking act, epidemics, pandemic, quarantine or generally any other force majeure having the characteristics defined by case law.

The party becoming aware of the force majeure event shall, promptly, inform the other party of its inability to perform its obligations. The suspension of obligations or delay shall in no case be a cause of liability for non-performance of the suspended obligation, nor be the cause for the payment of damages or penalties for late execution.

13. Miscellaneous

13.1. These General Terms and Conditions and the Agreement related to them shall be governed by the laws of Belgium, without prejudice to any mandatory conflict of laws provisions. In the event of a dispute, the French-speaking courts of Brussels shall be competent.

13.2. Should any provision of these Services Terms be or become invalid, ineffective, or unenforceable as a whole or in part, the validity, effectiveness, and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective, or unenforceable provisions shall be deemed replaced by such valid, effective, and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective, or unenforceable provisions as regard subject-matter, amount, time, place, and extent. The aforesaid shall apply mutatis mutandis to any gap in these General Terms and Conditions if any court has confirmed such proceeding.

13.3. Customer shall not assign or transfer this Agreement or any of its rights or obligations hereunder to anyone without VO GROUP’s prior written consent. Customer who assigns or transfers the Agreement, with VO GROUP’s prior written consent, will not be released from its obligations under the Agreement unless VO GROUP formally agrees in writing to such release. VO GROUP is expressly entitled to assign or transfer this Agreement or any of its rights or obligations hereunder without Customer’s consent.

13.4. A failure by either party at any time to require the performance of any obligation hereunder or enforce any provision hereof shall neither be construed as a waiver of any right or remedy hereunder nor in any way affect the validity of this Agreement or any part hereof. No waiver shall be effective unless given in writing, and no waiver of a breach of this Agreement shall constitute a waiver of any preceding or subsequent breach.