Dibber App Terms and Conditions
Terms and Conditions
These terms and conditions ("Terms and Conditions") govern access to and other use of the Dibber app and constitute a binding legal agreement between the User, on the one side, and Dibber and the Dibber Education Services Provider, on the other side (the "Agreement"). By installing or using the Dibber app in any manner, the User confirms that the User has read, understood and accepted the content of these Terms and Conditions and the legal notices for the Dibber app.
1. Definitions
In addition to other definitions made in these Terms and Conditions, these definitions apply:
"Additional Caretaker" means any caretaker or contact person for a child additional to a Parent, as appointed by a Parent to a Dibber Education Unit.
"Dibber" means the owner, operator and licensor of the Dibber app: Dibber AS, a Norwegian private limited liability company, having the street address Aktivitetsvegen 2, 2069 Jessheim, Norway, postal address post office box 215 2051 Jessheim, Norway and organisation number 998 831 067.
"Dibber App" means the software(-as-a-service) provided by Dibber and a Dibber Education Services Provider and delivered through browsers or dedicated applications developed for Android OS, iOS, macOS and Microsoft Windows and any other means to the User subject to the Agreement.
"Dibber Education Services Provider" means the legal entity in Dibber’s group of entities or the partner of Dibber that is the licensee of the Dibber app and the provider of education services as well as associated services to the User through a Dibber Education Unit in the individual instance.
"Dibber Education Unit" means the specific unit through which the Dibber Education Services Provider is providing its education services in the individual instance (for example a specific kindergarten or school).
"Education Services" means all types of education services, such as in early childhood development, those provided under the labels kindergarten, day care, pre-school, afternoon programmes and in childhood development those provided under labels such as school and after-school programmes.
"Intellectual Property Rights" means any and all intellectual and industrial property rights throughout the world including but not limited to rights in respect of, or in connection with: copyright (including future copyright and rights in the nature of, or analogous to, copyright); trademarks; inventions (including patents); any confidential information; service marks; designs; and whether or not existing now and whether or not registered or registrable and includes any right to apply for the registration of such rights and includes all renewals and extensions.
"Parent" means a guardian or other legally designated caretaker, natural or legal, of a child receiving services from a Dibber Education Services Provider.
"User" means a Parent, any Additional Caretaker, employees of Dibber or any other user of the Dibber app.
"User Data" means information uploaded onto the Dibber app by any User, including information about a child or a User, and such information in another way collected by Dibber or a Dibber Education Services Provider.
2. Access And Use Of Dibber App
The User has a non-exclusive, non-transferable right to access and use the Dibber app on the User’s device, limited by and subject to the Agreement and the specific user rights granted at any time by Dibber and the Dibber Education Services Provider. The Dibber app shall be used for interactions between the User and the Dibber Education Unit as well as associated services. The User shall not attempt to access, or access data about other users of the Dibber app, except where this is permitted. The User shall not use the Dibber app for any unlawful or unauthorized purposes or activities or engage in unethical activities or behaviour in the Dibber app. Dibber and the Dibber Education Services Provider may suspend or terminate the User’s access to the Dibber app for any reason at any time.
3. Intellectual Property
All Intellectual Property Rights in the Dibber app and other materials relating to the Dibber app are owned by Dibber or other licensors. Without limitation, this means that the User may not sell, export, license, modify, copy, distribute or transmit the Dibber app (or any part of it) or any material provided through the Dibber app without Dibber’s prior expressly written consent. All User Data is owned by the User. The User grants Dibber an assignable, royalty-free, worldwide, non-exclusive, sub-licensable license to copy, make adaptations from, distribute, archive, communicate and otherwise disseminate the User Data for the purpose of Dibber and the Dibber Education Services Provider delivering their services. Specifically, without limiting the generality of the foregoing, the User grants Dibber and the Dibber Education Services Provider the right to anonymize the User Data and use these alone or in an aggregate form for the purposes of improving data privacy, gaining User insight, software development, improving resource allocation, improving quality of services and improving the User experience of the Dibber app.
4. Disclaimers
The Dibber app is provided on an “as-is” and “as-available” basis, with no representations or warranties or other promises of any kind, express or implied, as to the operation of the Dibber app or the information, content, materials or products included in or provided through the Dibber app, shall apply. To the fullest extent permitted by law, in no event shall Dibber or any Dibber Education Services Provider, be liable for damages of any kind, including direct or indirect, special, incidental or consequential damages, losses or expenses (whether or not in tort or contract or otherwise), under the Agreement.
5. Data Protection
Any personal information that you submit or that we collect is subject to the Dibber Data Protection Statement. In the Dibber Data Protection Statement, you will find information regarding Dibber data processing practices, the types of information we receive and collect from Users, how we process this information, and Users and other applicable data subjects’ data protection and privacy rights. Users will also find Dibber contact info for any data protection and privacy related questions. The Dibber Data Protection Statement forms part of the Agreement.
6. Changes
Dibber may make changes and updates to these Terms and Conditions. Dibber will notify the User of any such amendment in the Dibber app or via any other appropriate channel of communication.
7. Governing Law And Legal Venue
The rights and obligations of Dibber and the User under this Agreement and anyone else are exclusively and exhaustively governed by Norwegian law. Disputes shall be resolved before the Norwegian courts of law, with Oslo tingrett as legal venue in the first instance.
8. Contact
If you have any questions about the Terms and Conditions or the use of the Dibber app, please contact us at: dibberapp@dibberfamily.com.
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The date of this version of the Terms and Conditions is 14 April 2023.