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Our terms of use | |||||||||||||||||||||||||
Dalza's mission is to ensure that every child receives the support they need to be
all they can be. The terms of use of our platform reflect this mission, by putting the
child at the centre, empowering parents and the team around the child, and creating a
trustful and positive environment for that team. |
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If you have any questions about these terms, please contact hello@dalza.com or click "Ask Dalza" in the Platform. | |||||||||||||||||||||||||
Last updated 27 April 2024 | |||||||||||||||||||||||||
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Learn more at worldcc.foundation | |||||||||||||||||||||||||
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Learn more at majoto.io | |||||||||||||||||||||||||
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Core principles | |||||||||||||||||||||||||
There are 4 key principles that underpin these terms of use. We hope this helps you to understand this document better. | |||||||||||||||||||||||||
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The child is at the centre | ||||||||||||||||||||||||
Everything is about ensuring that the child benefits and is protected. |
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Parents are in control | ||||||||||||||||||||||||
Parents have the right to decide who has access to information and what can be done with it. Parents must take
responsibility for inviting the team, and setting access rights that are appropriate for them and their child. So the team
can rest assured that the parent is happy with what has been shared. |
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Everyone takes responsibility | ||||||||||||||||||||||||
Dalza aims to help parents and team members perform their roles in supporting the child, but does not replace existing legal responsibilities. These terms of use do not affect your other obligations under the law or under existing agreements between parents and team members. | |||||||||||||||||||||||||
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Teamwork makes the dream work | ||||||||||||||||||||||||
The more that team members use the Platform to collaborate and work together, the more the child will benefit. |
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Important things | |||||||||||||||||||||||||
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Under the laws of some countries, we are required to point out certain important provisions in these Terms to you. These provisions and the reasons why they are important are described below, and are indicated with the red shield icon throughout this document. Please read those clauses, not just what we say below. | ||||||||||||||||||||||||
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Limitations and exclusions of risk and liability. |
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Indemnifying others if you do something wrong. | ||||||||||||||||||||||
These Terms limit and exclude legal responsibilities that we and others may otherwise have to you. These clauses limit your rights and remedies, including your right to recover losses you may suffer. See Part 2 section 7, Part 3 section 6, and Part 5 sections 1-4 & 9. | You will indemnify us and other persons against losses that we or they might suffer (including as the result of claims by third parties), if certain things go wrong and it is your fault. This means you have to pay the value of the resulting legal claims. See Part 3 sections 1, 2 & 7. | ||||||||||||||||||||||||
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Assumptions of legal risk by you. |
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Promises that certain facts are true. | ||||||||||||||||||||||
You are responsible for your actions when using the Platform, so you take on risk and legal responsibilities towards Dalza and team members. You accept the risks and responsibilities stated in these clauses. See Part 2 section 7, and Part 3. | Certain parts of these Terms contain statements of fact made by you. You will not be able to deny that the statements are true. We may have legal claims against you if these statements turn out to be untrue. See Part 3 sections 1, 2 & 7. | ||||||||||||||||||||||||
Agreement map | . | ||||||||||||||||||||||||
This map explains the key parts of these Terms and what each part is about. | |||||||||||||||||||||||||
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. | |||||||||||||||||||||||||
1. Our relationship. Who is who, who else is involved, and how this relationship works. |
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2. Our promises. Promises Dalza makes to you in relation to the Platform, and some exceptions. |
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3. Your responsibilities. Your obligations and the responsibility you take when using Dalza. |
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4. Do's and Don'ts | . | ||||||||||||||||||||||||
Rules of the road for using Dalza, inviting team members and sharing information. | . | ||||||||||||||||||||||||
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5. Data and assets | . | ||||||||||||||||||||||||
Ensuring that your data, and our intellectual property, are protected. | |||||||||||||||||||||||||
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6. If things go wrong | . | ||||||||||||||||||||||||
How we manage risk and liability if unexpected things happen. | . | ||||||||||||||||||||||||
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Part 1 | . | . | |||||||||||||||||||||||
Our relationship | . | . | |||||||||||||||||||||||
Who is who, who else is involved, and how this relationship works. | . | ||||||||||||||||||||||||
* Definitions used in this document | |||||||||||||||||||||||||
* | Parent: a parent or guardian who has the legal authority to make decisions for the child. A Parent who creates the Child Space on the Platform is called the Team Organiser. | * | Child Space: an area on the Platform dedicated to the child in question and containing the information relating to the child. | ||||||||||||||||||||||
* | Team Member: other people invited by the Team Organiser to be part of the child's team and who accept the invitation. A Team Member could be a parent or guardian, friends and family, therapist, or other person. | * | Platform: the Dalza website at www.dalza.com, the Dalza mobile applications and the content, services, functions and features accessible through them. | ||||||||||||||||||||||
1. Who's who | |||||||||||||||||||||||||
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We are Just Fair Terms, Unipessoal Limitada (Dalza or we), a Portuguese company with number 517162385. Our address is Rua Bernardino Machacdo r/c esq. 236, Sao Domingos de Rana, Portugal 2785-095. |
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This document will refer to you (the person using the Platform) as you. If you are the person who has created the Child Space, we may also call you the Team Organiser. If you've been invited by the Team Organiser, we also call you a Team Member. | ||||||||||||||||||||||
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A Team Organiser can subscribe to the Platform... | ...create the Child Profile and set access rights for Team Members... | ...and invite Team Members to view, input and share information depending on the access rights granted. | |||||||||||||||||||||||
2. This agreement | |||||||||||||||||||||||||
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This is an agreement between Dalza and you. This agreement applies whenever you use the Platform, whether or not you have registered to use the Platform. |
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There may be Special Terms that apply to your use of the Platform or a feature. If there is any conflict between the Special Terms and this agreement, the relevant part of the Special Terms will prevail. | ||||||||||||||||||||||
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These Terms (and any documents it refers to such as our Privacy Notice or Special Terms) are referred to as this agreement. |
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Dalza may update these Terms from time to time. Dalza will notify you at least 30 days in advance of any significant changes unless a change is needed earlier for legal reasons. If you are not a registered user, we can't notify you, so you must check these terms whenever you use the Platform. | ||||||||||||||||||||||
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Whenever you see this icon, it means additional legal or practical detail. | ||||||||||||||||||||||||
3. Your other relationships | |||||||||||||||||||||||||
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This agreement applies to your use of the Platform and does not replace any existing or future agreements between Parents and Team Members (or the organisations that Team Members belong to). Let's call them your other agreements. |
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Your other agreements may include services that Team Members provide for the child. The duties and rights under your other agreements continue to apply. Dalza will not become a party to, and is not bound, by your other agreements. | ||||||||||||||||||||||
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This agreement does not change your duties under the law. You must comply with the law when using the Platform to share or access information about the child. The rights of the child always need to be observed. | Conflicts with other agreements. What you do on the Platform must not conflict with your other agreements. It is your and other Team Members' responsibility to identify (and avoid or resolve) any conflicts with those agreements. | |||||||||||||||||||||||
4. The Dalza platform | |||||||||||||||||||||||||
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The Platform is a tool to help Parents (and the Team Members they invite) support their child and manage the child's
education and care plan. The functions of the Platform and any associated services are described in your
subscription plan. What you can do on the Platform will depend on whether you are a Team Organiser or Team Member. |
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Dalza may modify the Platform from time to time. This might involve changes to appearance, features, or functionality, or to improve security. Updates will occur automatically or you will need to allow the updates on your device when requested. | ||||||||||||||||||||||
5. When this agreement starts | |||||||||||||||||||||||||
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This agreement starts when you first access and use the Platform. |
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This agreement continues for as long as, and whenever, you use the Platform or remain a registered user. | ||||||||||||||||||||||
6. When this agreement ends | |||||||||||||||||||||||||
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If you are a Team Organiser who is a monthly subscriber, you may unsubscribe at any time on 1 months' notice. This agreement will end on the expiry of the last day of the next full calendar month after notice is given. |
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If you are a Team Organiser who is an annual subscriber, your subscription will renew automatically after 12 months unless you tell us you want to cancel (which must be given at least 1 month prior to the renewal). | ||||||||||||||||||||||
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If you are a Team Member, you can deregister at any time without notice. If a Team Organiser's subscription ends, you can still use the Platform and end your use at any time, but you will no longer have access to information about the child. |
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Provisions that continue after termination. Some parts of this agreement continue to apply when this agreement ends or you are no longer a user. For example, your duty to comply with the law. These terms will tell you which parts continue to apply, if it's not apparent from the context. | ||||||||||||||||||||||
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If you are on a free trial and you want to unsubscribe before the paid subscription begins, you must do so before the end of the free trial. If you don't, the paid subscription will start automatically when your free trial ends. Dalza will send you reminders when your trial period is about to expire. | Other rights to terminate early. If we make changes to these Terms that have a negative impact on the Team Organiser (their rights, protections or obligations become materially different), the Team Organiser can end this agreement up to 30 days after the changes begin to apply. | |||||||||||||||||||||||
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Dalza may stop providing some or all of the features of the Platform to you on 2 months' notice, or a shorter period if reasonable, if it becomes no longer feasible for Dalza for legal, business or financial reasons. Dalza will not be liable to you for doing so. | ||||||||||||||||||||||||
7. Fees and payment | |||||||||||||||||||||||||
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The Team Organiser must pay the Fees for their chosen subscription plan. Only the Team Organiser is required to pay Fees, except where the agreement says differently. | * | Fees means the fees that are payable for a subscription and any other fees or charges that apply in this agreement. | ||||||||||||||||||||||
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Fee increases. Dalza may increase the Fees at any time, by giving you at least 30 days' prior notice. |
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Your rights if fees increase. You can terminate this agreement on 30 days' notice if you do not wish to continue with the increased prices. | ||||||||||||||||||||||
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This icon means it's an important bit of legal detail. | ||||||||||||||||||||||||
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If you fail to pay any Fees on time or in full, Dalza may do one or more of the following: | If a Team Organiser fails to make payment in full or on time, Dalza may also restrict access not only for the Team Organiser but also for Team Members. Dalza will lift these restrictions after receiving full payment of outstanding Fees, if this agreement has not already been terminated. | |||||||||||||||||||||||
(a) allow you a grace period to make the payment; | |||||||||||||||||||||||||
(b) suspend or restrict your access to and use of the Platform; | |||||||||||||||||||||||||
(c) terminate this agreement and recover Fees that remain unpaid or would have been payable for the rest of your subscription period. | |||||||||||||||||||||||||
Fees due remain payable. If Dalza restricts your access to the Platform for any reason allowed by this agreement, you will still remain liable for all Fees during this time as if there was no restriction. | Taxes. Dalza may add to the Fees any taxes required by law. The word Fees as used in this agreement always includes all amounts payable by you plus these taxes. | ||||||||||||||||||||||||
Interest and costs. Dalza has the right, in compliance with applicable law, to charge interest on overdue payments and the right to recover all costs incurred, including legal fees, in collecting overdue payments. | Withholding and deductions. You are not allowed to withhold, delay or deduct any part of the Fees for any reason, even if there is a dispute. | ||||||||||||||||||||||||
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Additional charges. Dalza reserves the right to charge you per Dalza's rate card, for administrative or management time it incurs in handling requests outside of the normal provision of the Platform and support. This includes managing disputes, handling unwarranted complaints about Dalza's staff, and responding to repeat administrative or account queries. |
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Updating payment and billing details. You must keep payment and billing details updated and valid through your account settings on the Platform. | ||||||||||||||||||||||
8. Transfer and subcontracting | |||||||||||||||||||||||||
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Dalza's agreement is with you and you only. You are not permitted to transfer or delegate your rights or obligations under these Terms to anyone else. |
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Dalza has the right to transfer and delegate its rights and obligations to another
entity. This may be necessary, for example, if Dalza reorganises its group structure. Dalza does not need your consent to do
this. Dalza has the right to subcontract the performance of this agreement to third-party service providers. Dalza relies on several such providers to help keep its operations smooth and efficient. |
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9. Contacting us | |||||||||||||||||||||||||
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For any technical or "how to" questions about the Platform, please see the FAQ on the Platform or submit your question through the Ask Dalza feature on the Platform after you log in. |
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If you have a technical question which is not answered in the FAQ, or there is any error or problem with the Platform, please inform us at help@dalza.com or through the Ask Dalza feature after you log-in. | ||||||||||||||||||||||
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To submit any formal notices under this agreement, or if you have any queries about this agreement, email us at hello@dalza.com. | ||||||||||||||||||||||||
10. Governing law | |||||||||||||||||||||||||
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For users in South Africa, this agreement is governed by the laws of South Africa. The courts of South Africa will also have jurisdiction. |
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For users outside of South Africa, this agreement will be governed by the laws of Portugal and the courts of Portugal will have jurisdiction over any disputes. | ||||||||||||||||||||||
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. | Part 2. Our promises | . | |||||||||||||||||||||||
Promises Dalza makes to you in relation to the Platform, and some exceptions. | . | ||||||||||||||||||||||||
Promises we make to you |
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Exceptions and limitations |
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1 |
Your right to use the Platform. Dalza grants you the right to access and use the
Platform in accordance with this agreement. |
But... |
This licence is non-exclusive, which means Dalza can give the same or similar
licences to anybody else. |
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2 |
Platform functionality and performance. Dalza will provide the Platform functions
that are part of its standard offering from time to time, or those which are described in your subscription plan. |
But... |
Dalza is a cloud platform so you need adequate equipment to access it: a desktop,
laptop, tablet or smartphone, with an internet connection. Your equipment needs to have an up to date operating system,
software and browser. These are at your cost. Dalza will not be responsible for any errors, failures or delays resulting
from your connections, systems or equipment being faulty, unavailable, incompatible or inaccessible. |
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3 | Availability. Dalza aims to make the platform available 24 hours a day, seven days a week. We have an availability target of 99.9% outside of any periods of maintenance. | But... |
The Platform may be unavailable in the event of (a) maintenance, development or
remediation work; (b) network failures or connectivity problems; (c) suspension to remedy a vulnerability or data breach;
(c) denial of service attacks; or (d) maintenance or updates. Unavailability may be without notice in the case of unexpected
events. |
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4 |
Support. Dalza will provide support for technical problems and user queries by email
via help@dalza.com or if you submit a request for support through
"Ask Dalza" on the Platform. Support is available between 09.00 to 17.00 (Central European Time) on Monday to Friday, except for public holidays. Dalza will provide an initial response within 2 working days, and will aim to provide a substantive response within 3 working days. |
But... |
Dalza will prioritise critical problems, which means your support ticket could be
delayed. *Critical problems are defects or errors which materially limit or negatively impact the functionality or use of the Platform. Dalza may choose to fix technical problems as part of scheduled or unscheduled maintenance or in future updates of the Platform. |
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5 |
Continuity. To ensure continuity of the platform, and ensure that your data is safe
and available, Dalza backs up data every 24 hours. |
But... |
Dalza does not back up data that is separately stored by you or by your service
providers. You are responsible for your own systems and service providers. |
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6 |
Errors. Dalza uses its reasonable efforts to ensure that the Platform is free from
material defects or errors. *Material defects and errors are those which substantially or materially limit or negatively impact the functionality or use of the Platform or delete or corrupt your content or data. |
But... |
Dalza does not promise or represent that the Platform will be
free of defects, errors or bugs. In cases where you are using the Platform during a free trial or at no charge to you, the Platform is provided “as is”. Dalza has no availability, service or support obligations until your paid subscription plan starts. |
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7 |
Harmful code and cyber risks. Dalza follows good industry practices to ensure that
the Platform and your data is protected against cyber attacks, virus infection, spyware, malicious software, trojans and
other harmful code. More information on Dalza's security measures is found in our
Privacy Notice. |
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Using the Platform is subject to risks inherent in information technology and communications networks.
Dalza does not warrant that the Platform will never have cyber attacks or transmit harmful code. Unless Dalza is guilty of wilful abandonment, Dalza will not be liable for any losses you or others may suffer resulting
from such risks, including damage to systems, data or property. |
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8 | Other important exceptions and limitations | ||||||||||||||||||||||||
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Dalza does not give advice. |
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Dalza does not endorse what is shared on the Platform. | ||||||||||||||||||||||
Dalza does not give any medical, educational, professional, therapeutic, legal or other advice. All resources and information made available by Dalza on the Platform are provided for information purposes only. |
Each user is responsible for what they share on the Platform. Dalza does not warrant or represent that any resources or
information shared on the Platform are complete, accurate, reliable, or lawful. They are not endorsed by Dalza and do not
represent the views of Dalza or its employees, officers or shareholders. |
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The Platform is not intended as a system of record The Platform is not intended to be used as a system of record. Each Team Member is responsible for storing and maintaining their own systems and records, separately from the Platform, as required to meet their legal, regulatory or operational obligations. |
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Dalza will not be liable for events outside of its control. Dalza will not be liable for any Platform or service failures, or loss of data, as a result of circumstances beyond Dalza’s reasonable control (including what is sometimes known as "acts of god"), including pandemics and associated quarantine restrictions. |
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Part 3 | . | ||||||||||||||||||||||||
Your responsibilities | . | ||||||||||||||||||||||||
Your obligations and the responsibility you take when using Dalza. | . | ||||||||||||||||||||||||
. | Responsibilities of the Team Organiser | ||||||||||||||||||||||||
1 | You must have the legal right to register the child. |
As a Team Organiser, you must have the right to register the child on the Platform, to use the Platform in relation to the
child, to manage the Child Space, and to invite other Team Members to the Child Space and set their permissions. |
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This means you must be the legal guardian of the child. If you share legal guardianship with another person, you must have the consent of the other legal guardian(s) for all the uses you make of the Platform. | |||||||||||||||||||||||||
2 |
You must have the right to upload and share information about the child. |
When you provide the child's personal data to Dalza, or upload or add any information or documents relating to the child, you are responsible for making sure that you have the necessary rights (including consents where required) to do so. This might include the consent of the child's other parent or legal guardian(s). | |||||||||||||||||||||||
3 |
You must update the information and permissions in the Platform, if your circumstances change. |
If any circumstances relating to you or the child change during your subscription, you must update the information and permissions in the Platform. | |||||||||||||||||||||||
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If you no longer have the rights or consents to manage the Child Space or to perform any of your responsibilities (for example the other parent withdraws consent where it is required), you must immediately stop and correct all actions for which you do not have the rights or consents. This includes removing information about the child, removing Team Members and changing permissions as required. | ||||||||||||||||||||||||
4 | You are responsible for managing access to team members | You are responsible for inviting Team Members and managing the Team Members (including removing Team Members) and must obtain their permission before inviting them. | |||||||||||||||||||||||
You are also responsible for setting the access rights and other permissions for all Team Members, taking into consideration the interests of the child. | |||||||||||||||||||||||||
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You can do this during the process of registering the child and also using the "Team" section and
"Permissions" functionality in the Child Space. NOTE: All Team Members will be able to see the "About" section of the Child's Profile in the Child Space. |
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Responsibilities of all users | |||||||||||||||||||||||||
5 |
You must respect privacy and confidentiality rights, and your professional obligations. |
When you upload, add or share any information on the Platform, you are responsible for making sure that you are not infringing the privacy, confidentiality or other rights of any person. | |||||||||||||||||||||||
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If a Team Organiser has invited you to be a Team Member, that means the Team Organiser has consented to you accessing and sharing information relating to the child, within the permissions granted to you on the Platform. However, in doing so, you must still comply with your professional, ethical and regulatory obligations. | ||||||||||||||||||||||||
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You warrant at all times that you are acting lawfully and you are not infringing the rights of any person or not breaching any confidentiality obligations. You will indemnify Dalza against any liabilities arising from your breach of this warranty. | ||||||||||||||||||||||||
* | In simple terms, a warranty is a type of promise. To indemnify someone means to cover their losses. | ||||||||||||||||||||||||
6 | Legal authority and supporting information | Dalza has the right to ask and require you to provide supporting information, to verify that you have the rights and permissions required by this agreement. Dalza may delay your registration or suspend it until Dalza is comfortable that you have those rights and permissions. | |||||||||||||||||||||||
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If you are representing any organisation or joining as an employee or representative of an organisation, you must have the authority of the organisation to enter into this agreement and to use the Platform. | ||||||||||||||||||||||||
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You warrant to Dalza that at all times you have the permissions, and the right to perform the actions, described in this agreement and that you have the authority from your organisation to use the Platform. You indemnify Dalza against any liabilities arising from your breach of any of these warranties. | ||||||||||||||||||||||||
7 | You are responsible for providing accurate information on the Platform | You must provide adequate and accurate data to enable Dalza to provide you with working functionality, and keep your account information in Dalza up to date. | |||||||||||||||||||||||
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Dalza will not be liable for any (new or pre-existing) errors in your data or for any incorrect data entered by other Team Members or the Team Organiser. | ||||||||||||||||||||||||
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The Platform may send you hygiene emails and notifications reminding you, for example, to keep your account and team up to date. | ||||||||||||||||||||||||
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Up next |
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Do's and Don'ts | . | ||||||||||||||||||||||
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Data and assets | . | |||||||||||||||||||||||
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If things go wrong | . | |||||||||||||||||||||||
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. | |||||||||||||||||||||||||
Part 4. Do's and Don'ts | . | ||||||||||||||||||||||||
Rules of the road for using Dalza, inviting team members and sharing information. Don't forget that Dalza can switch off your access to the Platform if you break these rules! | . | ||||||||||||||||||||||||
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Do | Don't | ||||||||||||||||||||||||
(things you should do) | (things you must not do) | ||||||||||||||||||||||||
Keep things positive. Try to foster a positive, supportive and collegial environment when engaging with others on the Platform. | Do not do anything illegal or upload or communicate anything that is unlawful, inappropriate or offensive. | ||||||||||||||||||||||||
Safeguard your login details. Keep your username and password secret, and notify Dalza immediately if you discover or suspect any unauthorised use of your account. | Do not let anyone else access the Platform using your email address or password, and do not use somebody else's email address or password to access the Platform. | ||||||||||||||||||||||||
Use the platform as intended. Use the Platform in an appropriate way in supporting the child. | Do not (re)sell or distribute Dalza's technology or content. Do not copy, reverse engineer, scrape, or decompile any part of the Platform or its content or create derivative works. | ||||||||||||||||||||||||
Access in an approved way. Access the Platform via a standard web browser or the Dalza mobile app, nothing else. Use the security and safety features that Dalza makes available to you. | Do not try to circumvent any security measures, or interfere with the normal working of Dalza or the Platform. Do not add any software or scripts into any information that you upload or share on the Platform or with Dalza. | ||||||||||||||||||||||||
Keep the Platform updated. Install the software and app updates that we notify you of. These can include important updates for security or protection of data. | Do not do any unsolicited marketing on the Platform or use information obtained from the Platform. | ||||||||||||||||||||||||
Report bad behaviour. Report to Dalza if you see any information that is shared in error or in an unauthorised way or if you see or suspect any other unauthorised conduct. | Do not do anything to get around the permissions that the Team Organiser has set. Do not request somebody to show you data on the Child Space that the Team Organiser has not given you permission to see. Do not take screenshots or make copies of data on the Child Space that the Team Organiser has not given you permission to download. | ||||||||||||||||||||||||
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Part 5 | . | ||||||||||||||||||||||||
Data and assets | . | ||||||||||||||||||||||||
Ensuring that your data, and our intellectual property, are protected. | . | ||||||||||||||||||||||||
1. Your and the child's data | |||||||||||||||||||||||||
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We are very serious about protecting your personal data,
and the personal data and information you provide about the child. |
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We do this in two ways: (a) through the functionality of the Platform by putting the Team Organiser in control of the information that is uploaded and shared, who is in the team and what rights Team Members have, and (b) by implementing measures to secure and protect any information that is uploaded to the Platform. | ||||||||||||||||||||||
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Dalza will process all personal data you provide in accordance with data protection laws and this Privacy Notice. |
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Dalza does not take ownership of any data identifying the child forming part of the Child Space. Except as stated in the Privacy Notice, Dalza will treat such data as being controlled by the Team Organiser. | ||||||||||||||||||||||
2. Accessing data after your subscription ends | |||||||||||||||||||||||||
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When the Team Organiser's subscription ends or the right to use the Platform ends for any reason, the Team Organiser can obtain a download of the data relating to the child that is in the Child Space. |
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If you are a Team Organiser, you can do this at any time before the subscription ends and until the end of the next calendar month, by sending a request to privacy@dalza.com before this period ends. Dalza will not be able to provide downloads or access after this period. | ||||||||||||||||||||||
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When a Team Member leaves the Platform or a Child Space, Dalza may on request (but is not obliged to) provide to the Team Member a download of the documents and content uploaded by that Team Member in a Child Space, or which the Team Organiser had permitted them to view. |
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If you are a Team Member, you can request these documents and content until the end of the next calendar month after your access ends, by sending a request to privacy@dalza.com. We may charge you the costs incurred in providing the download (in accordance with our rate card). | ||||||||||||||||||||||
3. Your other information and documents | |||||||||||||||||||||||||
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The intellectual property rights in any documents or content uploaded in connection with the Child Profile (such as copyright in any reports) will remain owned by the copyright owner (usually the author). This agreement doesn't change that. |
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If you upload a document and share it with a Parent or Team Member, you are granting them a right to access and use the document (whether or not you are the owner of the document) for supporting the child within the Platform. The right you grant is limited by the permissions set by the Team Organiser. | ||||||||||||||||||||||
4. Dalza's intellectual property | |||||||||||||||||||||||||
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Dalza has invested heavily in its products and technology. This section is designed to protect our investment, and to give you assurances that our intellectual property is our own. | |||||||||||||||||||||||||
* | Account Data is data that relates to your registration with Dalza. | * | Platform Data is any data generated by or on behalf of Dalza relating to the Platform, its performance or its use (but excludes any Child Data or User Data from which the child or any user is identifiable). | ||||||||||||||||||||||
Account Data includes (i) your name and contact details, (ii) your billing
information and payment history, (iii) your activity logs and data about your use of the Platform, (iv) your communications
with Dalza; and (v) data collected for identity verification. |
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Platform Data includes (i) anonymised or aggregated analytics generated by the Platform or by Dalza, (ii) metadata generated by the Platform, and (iii) technical and administrative data. | |||||||||||||||||||||||||
* | Child Data is the data that is included, exchanged or uploaded in a Child Space through the Platform by the Team Organiser or by Team Members. | * |
User Data is a user's Account Data and data that is uploaded or inputted on the
Platform by a user, other than Child Data. |
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Dalza warrants that the Platform, if used in accordance with this agreement,
will not infringe the intellectual property rights of any third party. |
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The warranty does not apply to the extent you (a) use the Platform in an unauthorised way, or (b) combine the Platform with your own or third party content, products, systems or processes, so that the resulting combination infringes the rights of a third party. | ||||||||||||||||||||||
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Dalza owns the intellectual property in: (a) the Platform, (b) any improvements or customisations to the Platform including custom features Dalza may develop for any user or team, and (c) Platform Data. |
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Some of Dalza's intellectual property in the Platform may be owned by third parties who have licensed their intellectual property to Dalza. So when we say that Dalza owns the intellectual property in the Platform, we mean Dalza and/or its licensors. | ||||||||||||||||||||||
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You grant to Dalza the right to use the Child Data and your User Data, for the following purposes: (a) to enable and administer your use of the Platform and associated services; (b) to compile, use and analyse Platform Data; and (c) to improve and customise the Platform. |
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The rights granted under this section include the right to access, use, store, transmit, disclose, adapt and create derivative works from Child Data and User Data for these purposes. You grant these rights on a royalty-free worldwide basis and beyond the duration of this agreement. | ||||||||||||||||||||||
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You grant to Dalza the right to create anonymised statistical data called
Aggregated Data, from the Child Data and your User Data. * Aggregated Data does not include any personally identifiable information. |
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Dalza retains all intellectual property rights in Aggregated Data. Dalza may use and share Aggregated Data to improve the Dalza Platform, develop new services, understand usage and performance, analyse industry trends, and for any other purpose related to Dalza's business. | ||||||||||||||||||||||
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. | If things go wrong | . | |||||||||||||||||||||||
How we manage risk and liability if unexpected things happen. | . | ||||||||||||||||||||||||
Limitations of liability | . | ||||||||||||||||||||||||
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1 | Dalza's liability under this agreement is capped. | Dalza's liability under this agreement is limited to the amount of Fees you have paid. The legal details are set out below. | |||||||||||||||||||||||
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Dalza's total cumulative liability under this agreement for all claims and events is capped at 100% of Fees you have paid under this agreement until the date of the last event giving rise to a claim. | ||||||||||||||||||||||||
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If the above liability cap cannot be applied for any reason, or if a court or regulatory body determines that Dalza is liable for gross negligence, intentional misconduct, or breach of its legal obligations in respect of personal data (including in the event of a data breach), then the liability cap is instead 200% of Fees you have paid under this agreement until the date of the last event giving rise to a claim. | ||||||||||||||||||||||||
The above liability caps apply whether the claims are under contract, tort (or delict) or other legal basis, and also where there was negligence. | |||||||||||||||||||||||||
2 | Your remedies are limited to requiring Dalza to perform, or to terminating the agreement. |
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Your sole remedy if Dalza fails to provide the Platform to you, or if there is a failure in the functioning of the Platform, is to require Dalza to remedy the breach. | ||||||||||||||||||||||
If the breach is serious and is not remedied within a reasonable time or is not remediable at all, you may terminate this agreement. | |||||||||||||||||||||||||
3 | If you breach this agreement, you are responsible for resulting losses and claims. |
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Dalza will not be liable to you for any losses you sustain as the result of you breaching this agreement. You will be liable to Dalza if a third party makes a legal claim against Dalza as a result of your breach. | ||||||||||||||||||||||
4 | Other losses we are not liable for. |
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Dalza will not be liable to you for any indirect or consequential losses (including loss of business and loss of anticipated savings) or for loss of data or for any loss of profits or any punitive or exemplary damages, arising in connection with this agreement, even if they were foreseeable. | ||||||||||||||||||||||
5 | There are some losses which we don't exclude, limit or cap. | Dalza does not exclude, limit or cap its liability: (a) for death or personal injury resulting from negligence; (b) for Dalza's fraud or fraudulent misrepresentation; (c) for wilful abandonment; or (d) to the extent that the law does not allow a limitation or exemption. | |||||||||||||||||||||||
6 | Your rights under the law (if you are a user in South Africa) |
If any part of these Terms or your use of the Platform is subject to the Consumer
Protection Act, No 68 of 2008 ("CPA") or the Protection of Personal Information Act, No. 4 of 2013 ("POPI"), it is not intended that any part of these Terms contravenes any provision of the CPA or POPI. Therefore all
provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure compliance with the
provisions of the CPA and POPI. |
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Nothing in these Terms limits or excludes any warranties or obligations which are implied into these Terms by the CPA or POPI, to the extent that the law does not allow them to be limited or excluded. | ||||||||||||||||||||||||
* | Additional legal definitions | In relation to any indemnities and limitations and exclusions of liability under this agreement: (i) liabilities include losses, costs, penalties, attorney fees and third party claims; (ii) a party's actions or omissions include those of its personnel, agents, contractors and affiliate companies; and (iii) an obligation to indemnify a party includes indemnifying its affiliate companies and personnel. | |||||||||||||||||||||||
Termination of this agreement | . | ||||||||||||||||||||||||
7 | Either of us can terminate for breach and insolvency. | A party can terminate this agreement at any time immediately on notice, if the other party (a) commits a material breach and, where it can be remedied, fails to remedy it within the remedy period or within a reasonable time if no remedy period is stated; or (b) becomes insolvent or subject to any insolvency or bankruptcy procedure. | |||||||||||||||||||||||
Dalza, or a Team Member which is an organisation or has joined in a professional capacity, can also terminate this agreement at any time if it ceases to carry on its business. | |||||||||||||||||||||||||
8 | Violation of the Do's and Don'ts (Part 6 of these Terms) | Dalza has the right to suspend or terminate your access to the Platform immediately if you breach any of the Do's and Don'ts in Part 6. This is in addition to any legal claim Dalza may have against you for breach. | |||||||||||||||||||||||
Complaints and claims | . | ||||||||||||||||||||||||
9 | You must inform Dalza about any complaints or legal claims you might have. |
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If you have a legal claim arising from this agreement, you must notify Dalza within 90 days of you becoming aware of the claim, and any formal legal claim must be made within 12 months of that. Any claims made outside of this period will not be treated as valid. | ||||||||||||||||||||||
Disputes between users | . | ||||||||||||||||||||||||
10 | Dalza is not responsible for disputes between users of the Platform. | Dalza facilitates sharing of information but is not responsible for managing the relationship between users, including between the Team Organiser and Team Members, or between Team Members themselves. | |||||||||||||||||||||||
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If there is any disagreement, complaint or dispute between Team Members or between the Team Organiser and any Team Member or between any users, this must be resolved between the users involved and Dalza does not have to facilitate, mediate or be involved. Dalza may, however, choose to be involved. | ||||||||||||||||||||||||
Dalza may terminate or suspend any person's use of the Platform or access to the Child Space at any time if Dalza becomes aware of or suspects any complaint, dispute or disagreement. Any suspension may relate to the whole or part of the Platform or of the Child Space. | |||||||||||||||||||||||||
11 | You must inform Dalza of disputes that might affect Dalza. | Disputes between users can impact Dalza or the way the Platform is used. Therefore, if requested by Dalza, you must without delay provide information relating to any complaint or dispute between you and another user, including any dispute involving a Team Organiser or another Team Member. | |||||||||||||||||||||||
12 | Dalza may recover its costs in resolving a dispute. | Dalza may recover from you any costs (including legal costs) it incurs as a result of having to handle such complaints or disputes. | |||||||||||||||||||||||
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Our relationship ✓ | . | |||||||||||||||||||||||
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Our promises ✓ | . | |||||||||||||||||||||||
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Your responsibilities ✓ | . | |||||||||||||||||||||||
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Do's and Don'ts ✓ | . | |||||||||||||||||||||||
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Data and assets ✓ | . | |||||||||||||||||||||||
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If things go wrong ✓ | . | |||||||||||||||||||||||
Congratulations! You've reached the end of these Terms. We hope your time with Dalza is rewarding! | |||||||||||||||||||||||||
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