TERMS OF USE
BREAK THE ICE FORUM
BREAK THE ICE CONNECT
Last Update: 10 October 2024
Break The Ice SRL is a company with its registered office in Belgium at 1950 Kraainem, Mechelsesteenweg 455/2 and registered with the Crossroads Bank for Enterprises under number 0717.674.294.
Through the Break The Ice Forum and the Break The Ice Connect Platform, Break The Ice offers its customers a unique experience by creating M.I.C.E. events across Europe for hosted buyers to meet suppliers.
1 Definitions
Capitalised terms in these Terms of Use, whether used in the singular or plural, shall have the meanings set forth below.
Affiliate
A related company a person related to a person or an associated company within the meaning of Articles 1:20 and 1:21 of the Companies and Associations Code.
Agreement
The contract between Break The Ice and the Customer regarding any Service, consisting of these Terms of Use, as well as specific terms as the case may be.
Attendee
Any registered participants of the Break The Ice Forum events, which could be suppliers, buyers, speakers, or sponsors who are present at the event venues.
BTI
Break The Ice SRL, which is responsible for organizing, coordinating, and managing the Break The Ice Forum and the Break The Ice Connect platform.
Business hours
Between 09:00 and 16:00 CEST/CET on working days.
Buyers
Organized entities, such as companies or event planners, who participate in the Forum with the intent of securing services or partnerships from suppliers.
Content
All forms of material submitted or utilized by Attendees and Users on the Break The Ice Connect platform, including but not limited to photos, videos, text documents, designs, logos, and drawings.
Customers
All the Attendees and Users of the Break The Ice Forum and Break The Ice Connect Platform.
Services
The Services, including the Break the Ice Forum (www.breaktheiceforum.com) and Break The Ice Connect (www.breaktheiceconnect.com) Platforms, to which Customer has access under the terms of the Agreement.
Suppliers
Companies or individuals offering products or services within the MICE (Meetings, Incentives, Conferences, and Exhibitions) industry who engage with the Forum or the Connect platform to showcase their offerings and establish business connections.
Users
Any registered individuals or entities that access or utilize the Break The Ice Connect platform, whether for submitting RFPs, managing responses, or any other service facilitated by the platform and benefiting from access to the Platform on his/her computer under the user license contracted.
Work day
Any day of the week, except Saturdays, Sundays and public holidays in Belgium.
2 Scope
2.1 These Terms of Use govern the relationship between BTI and its Customers regarding their use of the Services.
2.2 By taking part in a Break The Ice Forum or by accessing or using the Break The Ice Connect platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use.
2.3 BTI reserves the right to modify or update these Terms of Use at any time, with or without prior notice to Users. Any changes will be effective immediately upon posting to the platform. Continued use of the platform after posting any changes constitutes acceptance of those changes.
3 Specific Terms for BREAK THE ICE FORUM
3.1 Supplier’s participation
3.1.1 By submitting a booking form, the Supplier enters into a binding Agreement with BTI, governed by the present Terms of Use.
3.1.2 Access to the platform before an event and access to the event itself is contingent on full payment before the event starts. Therefore, the Supplier will only be able to attend the event if the total fee has been paid by the stated terms.
3.1.3 Unless specified otherwise, supplier’s registration includes forum participation, scheduled
appointments, a full page in the event directory, a profile Forum app, programmed activities, and meals. Supplier’s registration does not include accommodation.
3.2 Price and payment
3.2.1 Full payment is due within 15 days of invoice issuance.
3.2.2 Prices are expressed in euros and are exclusive of tax and fees.
3.3 Buyers’ participation
3.3.1 By submitting a booking form, the Buyer agrees with the present Terms of Use and applies to take part in the Forum. The Buyer commits to provide sincere and truthful ansers to the questionnaire
contained in the booking form.
3.3.2 BTI will examine the booking form and approve the Buyer’s participation at its discretion.
3.3.3 BTI shall confirm the Buyer’s approval in writing.
3.3.4 Unless specified otherwise, Buyer participation includes the meeting schedule, event directory profile, programmed activities, two nights accommodation, return transport, and meals.
3.4 Travel arrangements and insurance
3.4.1 BTI is not responsible for the Attendee’s travel arrangements, including but not limited to ensuring the Attendees’ visa, vaccination, hospital, or repatriation arrangements are in place. All such
arrangements, including any necessary medical coverage and emergency repatriation, must be handled by the Attendee by the applicable laws and requirements of the destination country.
3.4.2 BTI does not provide travel insurance. Attendees are strongly advised to subscribe such insurance at their own expense.
3.5 Cancellation policy
3.5.1 In the event of the cancellation of a Forum by BTI for whatever reason, including force majeure, the following policy will apply:/p>
a) Suppliers will have the opportunity to reschedule their participation and receive a voucher to attend a similar event. This voucher will remain valid for one year.
b) Buyers are not entitled to refunds since attending the Forum is free.
3.5.2 BTI shall not be liable for any consequential loss or damages incurred due to the cancellation of a Forum, including but not limited to travel costs, accommodation expenses, or any other related expenditures. Suppliers and Buyers are, therefore, advised to subscribe to the appropriate insurance, including travel and cancellation insurance.
3.5.3 Suppliers cancelling their participation shall not be entitled to any refund.
3.5.4 Buyers cancelling the participation of any of their attendees are requested to provide a senior/suitable replacement for every attendee with a separate meeting schedule. Where applicable, the buyer will bear the cost of the additional transport ticket for the replacement or the costs for changes to the existing transport ticket.
3.5.5 Buyers cancelling their participation less than 20 days before the event start date will be charged a € 300 cancellation fee plus the cost of any transport already booked on the Buyer’s behalf by BTI.
3.5.6 The Buyer acknowledges that failure to attend the Forum without prior notice incurs full cancellation fees and costs of any incurred expenses.
3.6 Intellectual Property and Image Rights
3.6.1 Buyers and Suppliers grant BPI a non-exclusive and royalty-free right to use, reproduce, modify, and publish any intellectual property (including logos and presentations) they provide or display during the Forum. These rights apply during the Forum and five years after that, for promotional or other business purposes.
3.6.2 Attendees, as individuals, have a right to image. Photos and videos might be taken by BTI or by third parties hired by BTI during the Forum for promotional and other legitimate business purposes. Following the events, they can be used for a maximum of five years.
Attendees may nevertheless object to the taking and subsequent use of those photos and videos by writing to BTI at hello@breaktheiceforum.com.
4 Specific Terms for BREAK THE ICE CONNECT PLATFORM
4.1 Suppliers’ use of the Platform
4.1.1 The Platform is accessible to Suppliers subject to the subscription of any available paid plans and upon receipt of the payment.
4.1.2 Each subscription plan allows the Supplier to advertise for one property on the Break The Ice Connect platform. Each additional property is subject to the subscription of an additional paid plan.
4.1.3 Payments are processed automatically at the start of each billing cycle.
4.1.4 All subscription fees are non-refundable. No refund will be provided for any unused portion of the subscription.
4.1.5 Each Supplier taking part in a Break The Ice Forum is entitled to add one property on the Break The Ice Connect platform at no charge. The property will be displayed for one year from the date of the first forum registration. For example, if a Supplier books three forums on 02/02/2025, he can add three properties on the platform and display them until 01/02/2026.
4.2 Buyers’ use of the Platform
4.2.1 Buyers may use the platform for free, provided they create an account. The platform uses include searching for suppliers, sending RFPs, and participating in networking activities.
4.2.2 Buyers may be subject to review or re-verification periodically to ensure continued eligibility.
4.3 User’s obligations concerning the Break The Ice Connect platform
4.3.1 The right to use the platform is personal to the User and non-transferable. Affiliates of the User are required to obtain a separate license.
4.3.2 Users must keep their account credentials (username and password) secure and confidential. They are accountable for any actions taken using their account. If users suspect unauthorised access or a security breach, they must notify BTI immediately to mitigate potential harm.
4.3.3 Users may post content related to their professional services, event planning, industry knowledge, and other relevant information that benefits the community. This Content should be professional, respectful, and relevant to the MICE (Meetings, Incentives, Conferences, and Events) industry.
4.3.4 The User is solely responsible for the accuracy, quality, lawfulness and relevance of the data and content it processes using the Service. It also guarantees that it is the holder of the intellectual property rights or authorisations allowing it to process this data and content. Consequently, BTI disclaims all liability in the event of non-compliance of the data and content with laws and regulations, public order, third parties’ rights or the User needs.
4.3.5 Users are encouraged to report any content they believe violates these terms or applicable laws. BTI will take appropriate action, including removing the content and disabling without prior notice any access by the Customer to the Service, without prejudice to its right to claim compensation for losses, damages, and costs actually suffered. Notwitshtanding the foregoing, BTI has no obligation to spontaneously review, monitor, and remove any content that violates these terms. BTI operates as an intermediary, and the responsibility for ensuring that content complies with all applicable laws, including intellectual property rights, privacy rights, and defamation laws, rests solely with the user.
4.4 Availability of the Platform
4.4.1 BTI is responsible for hosting, maintaining, and securing the Platform and processing customer data.
4.4.2 BTI will make all reasonable efforts, in accordance with industry standards, to maintain the Platform and minimize errors and interruptions.
4.4.3 BTI strives to ensure 99.9% Service availability whenever possible.
4.4.4 However, notwithstanding the above, User acknowledges that BTI may discontinue the Service (in whole or in part) for maintenance work:
a. The scheduled works will be carried out outside working days or during working days, but outside working hours, they will be notified to the User at least 48 hours in advance,
b. Unscheduled work may be carried out at any time and without notice when the urgency justifies
it; BTI will use its best efforts to notify the customer as soon as reasonably practicable.
a. BTI cannot be held responsible for the possible impact of the interruption provided for in this article on the User activities.
4.5 Technical requirements
4.5.1 User acknowledges that to effectively access and use the BTI Connect Platform; they must ensure that their systems meet the technical requirements of the Platform:
a. The Platform supports recent versions of major operating systems, including Windows, macOS, iOS, and Android. Users should ensure they are running the latest version of their operating
system for optimal performance;
a. The Platform’s compatibility is provided with the following browsers: Google Chrome, Mozilla Firefox, Safari, or Microsoft Edge. It is recommended that the Users keep their browsers updated to the latest version;
b. The Platform requires a stable internet connection with a minimum speed of 5 Mbps. For video conferencing features, a higher speed (10 Mbps or more) is recommended;
c. Some features may require additional software, such as PDF readers or video conferencing plugins, which users should install as needed;
d. A webcam, microphone, and speakers or headphones are recommended for optimal use, particularly in virtual meetings. Users should also ensure their device has sufficient memory and processing power to handle multiple tabs or applications running simultaneously.
Therefore, BTI is not liable for any issues that arise from a user’s failure to meet these requirements, including inability to access the platform, degraded performance, or any resulting loss of
opportunities.
4.5.2 As BTI cannot be held responsible for network line interruptions, it draws the User attention in particular to the importance of choosing its telecommunications operator and the opportunity to set up a parallel line in the event of a network interruption.
4.5.3 In the event of any non-compliance of the Service, the User sole remedy
4.6 Support
4.6.1 A comprehensive Help Center on the platform offers guides, FAQs, and troubleshooting tips for common issues. In addition, BTI may offer webinars or training sessions as support to help users
familiarise themselves with the platform features and best practices for usage.
4.6.2 Live chat support is available on the platform. The support team is available during standard
business hours, 10 AM—4 PM CEST/CET.
4.6.3 BTI will investigate any incident notified by the User. The latter will provide BTI with all the information necessary to understand and evaluate the problem, including the date and time of its occurrence of the situation and all the information required to reproduce it.
4.6.4 Notwithstanding the above, BTI will have no obligation to remedy any incidents:
a. that are not caused by a malfunction of the Platform or
b. which are caused by
i. a breach by the Customer of its obligations under this Agreement;
ii. incorrect use of data or data formats,
iii. disruption or unavailability due to external causes (including, but not limited to, third-party validation services or network disruptions),
iv. Customer use of the Service with incompatible or unauthorised products or Services.
If requested by the User, BTI may advise and assist the User in resolving such uncovered incidents.Any work performed by BTI in connection with the investigation of uncovered incidents, and related advice and support, will be charged to the User on a self-directed basis, based on BTI’s standard rates.
4.7 Feedbacks
4.7.1 As BTI considers User feedback as an essential part of improving the platform, Users are encouraged to submit their feedback about the platform to help improve services through the following methods:
a. Feedback Forms: Accessible directly on the platform, allowing users to provide suggestions, report issues, or comment on their experience.
b. Email: Users can send feedback to BTI’s support email, hello@breaktheiceforum.com, for a more detailed submission.c. Surveys: Periodically, BTI may send out surveys to gather user opinions and insights on platform features and overall satisfaction.
4.7.2 BTI’s development and customer service teams review all feedback. Suggestions are assessed for feasibility, relevance, and potential impact on the user experience, and when deemed appropriate, user feedback may lead to updates or new features on the platform.
4.8 Intellectual property
4.8.1 The User is and remains the owner of all the data it processes via the Platform. Notwithstanding the above, BTI is entitled to use the User name, trade name or logo in anyadvertising or promotional media in connection with the performance of this Agreement or after that. The Users, therefore, grant a non-exclusive and royalty-free license to use, reproduce, modify, anddistribute the content as needed for the operation and promotion of the platform. This licence is granted as long as the user has an account on the platform and for five years after the account is closed.
4.8.2 BTI is and remains the owner of the property rights relating to all of its data and any element of the Services provided to the User, in particular the Platform. The temporary provision of the Platform under the conditions set out herein cannot be analysed as the transfer of any intellectual propertyright to the User. The only rights granted to the customer are the limited and temporary rights of use derived from the license as defined in Article 4.3 .
4.9 Duration, suspension and termination of the Agreement
4.9.1 The Agreement is effective on the creation date of the User’s account and remains in effect until the closing of such account (the Initial Term).
4.9.2 If the Supplier chooses to close its account, termination will take effect at the end of the pending month or year, depending on the chosen subscription plan.
4.9.3 If the Buyer chooses to close its account, termination will take effect immediately.
4.9.4 Without prejudice to BTI right to be compensated for losses, damages, and expenses suffered and without prejudice to the other provisions of the Agreement, BTI may terminate the Agreement and any license(s) granted thereunder at any time during the term of the Agreement and with immediate effect if a User breaches its obligations under Article 4.4 .
4.9.5 BTI shall not be liable to the user for the non-performance or delay in performance of any obligation under this Agreement, which is due to a force majeure event, provided that the Party concerned takes all necessary measures to limit the effects of the force majeure event. The term “force majeure” refers to circumstances that are beyond the control of the Parties and that result in the impossibility of performing one or more of the obligations provided for in the Agreement (including without being limited thereto acts of war and terrorism, strikes, fires, floods, storms, explosions, and other natural disasters).BTI reserves the right to terminate all or part of the Services in case of force majeure.
4.10 Consequences of Termination or Expiration of the Agreement
4.10.1 Unless opposed by the Supplier, BTI reserves the right to keep the Supplier profile open. This ensures that any existing relationships or leads generated during the Agreement term are not disrupted. The Buyer has the right to request the deletion of their profile from the Break The Ice Connect platform. Upon such a request, BTI will remove the Buyer’s profile in accordance with applicable data protection laws and the platform’s data retention policies.
4.10.2 All rights and obligations under these Terms of Use will automatically terminate upon termination for whatever reason, except for rights of action that arose prior to termination and obligations that expressly survive termination. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, but not limited to, confidentiality obligations,warranty disclaimers, intellectual property rights and limitations of liability.
4.10.3 In the event of an early termination requested by the Supplier or due to the Supplier’s breach of its obligations under Article 4.4, no pre-paid subscription fees for the remaining period will be refunded. In any case, no refunds will be provided for any free access or subscriptions included in the Break The Ice Forum registration.
4.10.4 Users will have the opportunity to download their data from the platform before their account is terminated, after which all data will be deleted.
4.11 Discontinuation of the Platform
4.11.1 BTI reserves the right to terminate access to the Break The Ice Connect platform or to discontinue any
or all services provided through the platform at its sole discretion. Such termination may occur if BTI notify the Users at least thirty (30) days in advance.
4.11.2 In the event of termination of the Agreement due to the cessation of BTI’s activity, the User has the right to download or request their data from the platform before the cessation of operations, after which all data will be securely deleted in accordance with applicable laws and the BTI’sdata retention policy.
5 Common Terms
5.1 Data processing, in general
5.1.1 The User acknowledges and agrees that:
a. BTI may have access to Customer data to provide the Services;
b. Customer data may be transferred to or stored in the European Economic Area for backup purposes;
c. BTI has the right to retain Customer data to the extent necessary to comply with applicable laws and regulations and for its business records, subject to its confidentiality obligations under this
Agreement.
5.1.2 BTI may collect various types of data to enhance platform functionality and user experience, including:
a. Usage Statistics: Data on how users interact with the platform, such as the number of logins, time spent on the platform, and features used most frequently
b. Performance Metrics: Information on platform performance, including load times, page views, and error reports.
c. Engagement Data: Tracking how users engage with content, such as likes, shares, comments, and views of user profiles
5.1.3 For twelve (12) months from the termination date of the Agreement, BTI retains the right to continue sending the Customers communications such as, but not limited to, RFP leads, newsletters, promotional materials, and updates related to the platform or future events. The Customers may opt out at any time by following the opt-out instructions provided in the communication.
5.2 Personal data
Privacy is important to BTI. BTI’s collection, use, and disclosure of personal data are governed by our Privacy Policy, which is hereby incorporated into these Terms of Use by reference. By using the platform, you agree to the terms of the Privacy Policy.
BTI’s privacy policy is available here.
5.3 Third-party services
5.3.1 Any services provided by third parties that Attendees or Users may access through the Forum or Platform are not covered by these Terms of Use. Such third-party services include but are not limited
to, travel, accommodation, transportation, payment services, and other event-related services provided by third parties. BTI does not endorse third-party services, or products, nor third-party websites, even if they link to the Service. These links are provided to the Customer for convenience only. BTI is not responsible for the content, products, results, or any other materials available through these links. Customers are responsible for reviewing and agreeing to third-party terms before accessing such services. BTI strongly advises Attendees and Users to obtain appropriate insurance coverage for any third-party services they engage with. BTI is not liable for any issues, losses, or damages that may arise from third-party services.
5.3.2 Customer also acknowledges that the availability of such third-party software, hardware, or services may depend on licenses granted by such third parties and the Terms of Use imposed by such third parties. Obtaining such licenses is not the responsibility of BTI and it cannot guarantee that such third parties will grant such licenses to Customer.
5.4 Force majeure
5.4.1 Neither Party shall be liable to the other for the non-performance or delay in performance of any obligation under this Agreement, which is due to the occurrence of a force majeure event as defined below, provided that the Party concerned takes all necessary measures to limit the effects of the force majeure event. The Parties agree that the term force majeure refers to circumstances beyond the control of the Parties and that result in the impossibility of performing one or more of the obligations provided for in the Agreement. Examples include acts of war and terrorism, strikes, fires, floods, storms, explosions, and other natural disasters.
5.4.2 The Agreement will be suspended for the duration of the force majeure event. However, if the force majeure event lasted more than three months, the Parties could apply Article 4.10.3.
5.4.3 Each Party undertakes to inform the other Party in detail of the occurrence of a case of force majeure as soon as it becomes aware of it and, at the latest, within seven (7) days of the occurrence of the case of force majeure.
5.5 Representations and Warranties
5.5.1 The Customer represents and warrants the following: a. they have received from BTI all the necessary information to enable them to assess the suitability
of the Services for their needs and to take all the required precautions for their use;
b. they are duly authorised to act on their behalf and under their sole responsibility;
c. They must act in accordance with the Agreement at all times.
5.5.2 BTI represents and warrants that the Services will be performed professionally and in accordance with the Agreement, under normal uses and normal circumstances.
5.5.3 The Parties agree that BTI provision of the Service is an obligation of means and that the Service is provided to the customer quot;as is.”
Except as expressly provided herein, BTI makes no other warranties, express or implied, to the fullest extent permitted by law. In particular, no guarantee is offered as to:
a. The merchantability, timeliness, performance, or fitness of the Services for the particular purpose for which the Customer intends them;
b. The uninterrupted and error-free operation of the Services, without prejudice to the maintenance and support provided for in Article 4.4 .
5.6 Liability
5.6.1 Users use the Services at their own risk and are responsible for taking appropriate measures to protect their interests (including insurance) and ensure compliance with applicable laws and regulations.
5.6.2 BTI’s liability is limited to events of personal injury, death or wilful misconduct imputable to BTI. In the event of such fault proven by the Customer, BTI will only be liable for compensation for the financial consequences of direct and foreseeable damage resulting from the performance of the Services. Consequently, BTI may not under any circumstances incur any liability for indirect or unforeseeable loss or damage to the User or third parties, which includes, in particular, any loss of business deals, loss of turnover or profit, loss, miscommunication, misconduct of Customers, technical opportunity, the cost of obtaining a substitute product, service or technology, in connection with or arising from the non-performance or wrongful performance of services, failures, inaccuracy or corruption of files or data, commercial damage, loss of customers.
5.7 Confidentiality
Attendees and Users agree to maintain the confidentiality of all proprietary information they obtain at a Forum or through the platform. They shall not disclose such confidential information without prior written consent from the rightful owner.
5.8 Code of Conduct
5.8.1 All Customers agree to promote professionalism, respect, and integrity when using the Services. Violations may result in exclusion from current and future events and the platform.
5.8.2 When attending a Break The Ice Forum or using the Break The Ice Connect Platform, Customers will refrain from committing, attempting to commit or assisting a third party to commit the following acts:
a. use or gain unauthorised access to BTI network or equipment
b. allow other persons or entities to copy the platform;
c. provide unauthorised access to or use any logins, software license keys or passwords that BTI may provide to Customer to activate or access the platform;
d. probe, scan, or test the vulnerability of the Platform or any associated system, account, or network;
e. engage in any fraudulent, offensive or illegal activity of any kind;
f. upload any content or engage in any pornographic, obscene, harassing, abusive, libellous, or defamatory activity or that encourages, promotes, or expresses racism, hatred, or violence;
g. engage in any activity that infringes intellectual property rights or privacy rights;
h. transmit unsolicited commercial or bulk messages;
i. intentionally distribute worms, Trojan horses, viruses, corrupted files, or any other similar items;
j. restrict, interfere with, or otherwise disrupt or cause degradation of the performance of any BTI facility or BTI provider used to provide the Services.
In such cases, BTI reserves the right to disable the User’s access to the platform without prior notice, without prejudice to its right to claim compensation for losses, damages, and costs actually suffered.
5.9 Final Provisions
5.9.1 These Terms of Use constitute the final, complete and exclusive written expression of the Parties intentions and agreement hereto and supersede all prior communications, representations, agreements, promises or statements, whether oral or written, by or between either Party.
5.9.2 If one or more provisions of the Agreement are held to be invalid or unenforceable, in whole or in
part, the remaining provisions of the Agreement shall remain in full force and effect between the Parties as if the invalid or unenforceable provisions had never been contained in the Agreement.
5.9.3 A Party shall only be deemed to waive any of its rights under this Agreement if it makes such waiver in writing. No waiver of any right shall be construed as a waiver of any other right arising under this Agreement, regardless of its similarity to the right waived.
5.9.4 In the event of any conflict between these Terms of Use and any other document, these Terms shall prevail.
5.9.5 Any changes to this Agreement will only be made with the Parties written consent.
5.9.6 This Agreement and the rights and obligations arising hereunder for the Parties are not transferable,
either directly or indirectly, without the prior written consent of the other Party.
5.10 Dispute Resolution
5.10.1 The Agreement is governed by and construed in accordance with Belgian law.
5.10.2 The Parties undertake to carry out these General Terms of Use and settle any dispute, preferably amicably, by concertation. If no amicable agreement is reached, any contractual or extra-contractual dispute arising in connection with the economic relationship between the Parties, including in particular infringements of trade secrets, acts of unfair competition or conflicts related to the validity, interpretation, performance or dissolution of the Agreement, shall fall under the exclusive jurisdiction of the French-speaking Business Court of Brussels.