Termes et conditions AV1
No Isolation, company reg. no 815 716 272, offers a product and a service intended for children and young people suffering from long-term illness. The product consists of an avatar (“AV1”) and an application (the “Application”) which together form the product (the “Product”). The purpose of the Product is to allow children and young people suffering from long-term illnesses to participate, as far as possible, in daily activities with their friends and classmates. The child’s friends may, for example, bring AV1 with them on trips, in the classroom or at a football game. Meanwhile, the child can observe and take part in what their friends are doing on his or her tablet or smartphone. The transmission occurs through the Application. The Application does not store picture and sound. Furthermore, only the child may log on to use the Product. For more information on the Product and how it works, please see AV1.
This document and the information herein are the terms and conditions for the Product (the “Terms”).
The Terms are binding on all persons and legal entities which purchase, rent or use the Product, and you (as an individual, company, business, corporation or other entity) (“Customer”) accept and agree to these Terms and any other terms set forth in the order, if applicable (the “Order” and together with these Terms, the “Agreement”) by submitting an Order or otherwise acknowledging your acceptance of these Terms, for example by using the Product.
The users of the Product (“Users”) are the child who has access to the Application and his or her parents or guardians. In addition to these Terms, the Users will be subject to separate terms and conditions applicable to use of the Application (the “Application Terms”). The individual User will be asked to accept and agree to the Application Terms in the Application when the individual profile is created.
If you purchase or rent the Product as a donation or gift to a third party, you, as the buyer, undertake to comply with sections 5, 8.2, 11, 12, 13, 14, 15, 17 and 18 of these Terms. You accept and agree to the Terms by submitting an Order to No Isolation.
All data, information and material of any kind provided to No Isolation by the Customer or Users, including personal data (the “Customer Data”) will be processed in accordance with applicable laws for data protection. For more information about our processing of Customer Data, please see Privacy.
In the case that the Product is used for purposes which are not solely personal or private, No Isolation’s data processing agreement will apply. All Customer Data uploaded to the AV1 and Application by the Customer or User belongs to the User and/or Customer. The Customer is the data controller for all Customer Data processed by No Isolation in connection with the delivery of the Product and associated service. No Isolation will only process data, information and material in order to provide the service to the Customer, including support, service and maintenance, and shall not process data for other purposes unless there is a legal obligation for such processing. No Isolation's standard Data Processing Agreement is part of these Terms as Appendix 1, and sets out further details on the data processing relationship.
It is the child who shall create a user profile in the Application. Parents shall not be entitled to log in to the child’s user profile. Parents shall further not be entitled to view the screen when the child uses the AV1 unless otherwise agreed in writing between the User and the educational institution or any other institution etc. where the AV1 is located.
When registering the child must create a personal PIN-code. The PIN-code shall not be used by anyone other than the child and must be kept in a safe place.
No Isolation may, by providing reasonable notice, require that the child changes its PIN-code. If it is suspected that the personal PIN-code may be used by someone else, the child must immediately change the PIN-code.
Unless terminated earlier pursuant to this Agreement, the initial term of this Agreement shall commence on the date of submission of the Order to No Isolation and shall continue for the period set forth in the Order (the “Initial Term”). Thereafter, unless otherwise stated in the Order, this Agreement will automatically renew for a period equal to such Initial Term (each such period a “Renewal Term”, and together with the Initial Term, the “Term”) unless either party notifies the other in writing prior to the expiration of the Initial Term or the then-current Renewal Term of their intention to terminate the Agreement.
In case of a rental, the Product shall be returned to No Isolation within a reasonable time after termination of the Agreement, and no later than thirty (30) days from termination. Unless otherwise agreed, Customer shall cover the costs associated with the return of the Product. The costs of any missing or broken parts, etc. which is not covered by the warranty in clause 11 shall be borne by the Customer. The Product shall be inspected by No Isolation within a reasonable time after return.
The total price for the Product is stipulated in the ordering process. The price is paid in advance, and otherwise in accordance with the payment option chosen by the Customer in the ordering process. All prices are quoted including VAT.
The price includes:
- 4G data
- User manual and support
- The Application and updates thereof
- Free software updates
In case of defaulting or late payment, No Isolation may, after at least fourteen (14) days’ written notice, make the Product unavailable to the Customer. In case of persistent late payments, No Isolation may terminate the Agreement.
Unless otherwise agreed in the order process, the rent payment is payable annually in advance and may not be cancelled or refunded (unless otherwise specified by the conditions in section 17). The rent payment for the Product is ongoing. This means that if the Customer does not terminate the Agreement within the expiry of the Initial Period or the then current Renewal Period, the Customer will be charged rent for a new twelve (12) month period.
Unless otherwise agreed in the order process, the rent payment is payable monthly in advance and may not be cancelled or refunded (unless otherwise specified by the conditions in section 17). The rent payment for the Product is ongoing. This means that if the Customer does not terminate the Agreement within the expiry of the Initial Period or the then current Renewal Period, the Customer will be charged rent for a new one (1) month period.
Unless otherwise agreed in the ordering process, when purchasing the Product, the Customer pays the price of the Product and a one (1) month data and support package when submitting the Order. Unless otherwise agreed in the ordering process, the data and support package fee shall be paid monthly in advance and may not be cancelled or refunded (unless otherwise specified by the conditions in section 17). The payment for the data and support package is ongoing. This means that if the Customer does not terminate the Agreement within the expiry of the Initial Period or the then current Renewal Period, the Customer will be charged a data and support package fee for a new one (1) month period.
The Customer may choose from several different donation packages in the ordering process. All donation packages have a duration of twelve (12) months, and the price of the donation package is paid by the Customer upon submission of the Order. All donation packages include rental of the Product as well as a data package. At the end of the 12-month period, the rental period will automatically terminate, unless otherwise agreed. If the Product is to be used after termination of the rental period, the Customer must order and pay for a new donation package. If the receiver wants to continue the service after the expiration of the donation period, the receiver can contact No Isolation directly to extend the period.
For further information on changes to the pricing model, please see the pricing terms from time to time in force on No Isolation’s website.
Institutions renting AV1 can opt to use an administration tool called My Admin that allows them to have multiple Users of AV1. Multiple Users may use the same AV1, but not at the same time. This means that if a different User is to be given access to the AV1, a new user profile must be created in the portal and the previous user profile must be deleted. The user profile may only be changed up to four times per month.
The Product is shipped to the Customer according to the shipping option chosen by the Customer in the ordering process.
Estimated shipping and delivery dates will be stated in the ordering process. The delivery date will depend on the selected shipping option and place of delivery, as well as the time of payment. Customer acknowledges that delays in relation to the estimated shipping and delivery dates may occur. No Isolation shall not be held liable for delays in relation to estimated delivery date, provided that the Product is delivered within thirty (30) days after such estimated delivery date.
The Product is delivered to the delivery address specified by the Customer in the ordering process. The Customer is responsible for ensuring that the correct address is registered at all times and No Isolation shall not be liable for any loss caused by Customer's failure to update the delivery address.
Delivery has occurred when the Customer or Customer’s representative has received the Product, and the risk of the Product passes at that time. If the Product is not collected or received at the agreed time, and if this is due to Customer or circumstances related to the Customer, the risk passes to the Customer when the Product is placed at the Customer's disposal, and failure to collect/take receipt of the Product constitutes a breach by the Customer. No Isolation reserves the right to charge the Customer for additional shipping costs due to the Customer’s failure to collect/take receipt of the Product at the agreed time.
For donation purchases, No Isolation may send the Product directly to the recipient of the donation on behalf of the Customer if Customer so wishes, and if Customer provides the recipient’s delivery address to No Isolation within a reasonable time after submitting the Order. The Customer shall choose the recipient of the donation himself, and the donation shall in all circumstances be deemed given to the recipient by the Customer. No Isolation shall under no circumstances choose a recipient on behalf of the Customer.
If one of the parties materially breaches its obligations under the Agreement and such breach is not remedied within thirty (30) days following written notice from the other party, such party may terminate the Agreement with immediate effect.
No Isolation reserves the right to make the Product unavailable to the User if these Terms are not complied with. It is in No Isolation's discretionary authority to determine such exclusion, but No Isolation undertakes to give a reasoned explanation of its decision upon request. No Isolation shall not be held financially liable in this regard. No Isolation shall further have the right to terminate this Agreement in case of a breach of the Terms, such as abuse of the service, including, but not limited to, the taking of screenshots, use of the Product by multiple Users simultaneously, use of the Product in violation of these Terms or if another reasonable cause exists.
User is responsible for all actions taken when using the Product. User and Customer undertake to hold No Isolation harmless from any third party claims due to User’s use of the Product in breach of these Terms. This also applies to use in breach of applicable laws and regulations.
Damage caused by defects in the Product or damage/defects associated with its use must be notified No Isolation immediately upon discovery.
If Customer discovers that the Product is defective, Customer must, within a reasonable time after having become aware of the defect, submit a written complaint to No Isolation. No Isolation’s standard complaints form can be found here: Defects and warranty.
If the Customer is a consumer, complaints relating to defective Products must in all cases be notified to No Isolation within five (5) years after Customer received the Product. For non-consumers, the notification period is one (1) year from the date the Customer received the Product. If it is determined that the Product has a defect, and if the Customer is a consumer, the Customer is entitled to all remedies available under applicable consumer protection law.
In addition, No Isolation will grant the Customer (both consumers and non-consumers), a right to reparation or a replacement Product up to two times if the Product is damaged, regardless of cause. Shipping is not included unless otherwise agreed. Thereafter it is possible to get the AV1 repaired or replaced at a fixed fee deductible of NOK 7 499. The fee includes shipping. No Isolation reserves the right to change this section 11, third paragraph during the Agreement Term, but only once annually. The warranty does not apply if the Product is lost or stolen.
Save as provided under the warranty provision in clause 11, No Isolation is not liable for any direct or indirect loss or damage, unless caused intentionally or by gross negligence on the part of No Isolation, or unless liability is established pursuant to mandatory law.
No Isolation’s liability to the Customer and the User is limited to the amount the Customer has paid to No Isolation for the Product, unless otherwise is stipulated in the mandatory law.
Except as expressly set forth herein, No Isolation is not responsible for any further financial losses the Customer and/or User may suffer as a result of using the Product. The Product is provided on an “as-is” basis and is used on User’s own risk.
The Product’s software is updated regularly and automatically. Upon updates to hardware, the AV1 can be submitted to No Isolation, which current address can always be found on the No Isolation website. Unless otherwise agreed with No Isolation, the User is liable to cover the cost of such hardware updates.
The User must under no circumstances make any repairs or changes to the Product, but shall immediately notify No Isolation of any Product malfunction. No isolation disclaims all liability for any damage inflicted on the Product as a result of the User’s own repair work.
No Isolation reserves the right to undertake necessary maintenance work on the Product. No Isolation will endeavour to perform such maintenance without unnecessary disturbance to the Users. No Isolation shall not be held liable for any lack of access to the Product due to necessary maintenance or upgrade work.
The content of the Product as well as all associated copyrights and other intellectual property rights belong to No Isolation and is No Isolation’s property. Users are responsible for ensuring that their use of the Product is in compliance with No Isolation’s intellectual property rights.
Customer or User may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to No Isolation with respect to the Product or other intellectual property rights belonging to No Isolation. No Isolation shall in its sole discretion determine whether or not to proceed with the development of such Feedback. By giving its Feedback the Customer or User acknowledges that No Isolation is given sole ownership of the Feedback, and that no sums are payable by No Isolation for such Feedback, neither at the date of the Feedback nor in the future.
No Isolation shall not be liable towards the Customer or Users for delayed or non-performance of its obligations pursuant to this Agreement, in whole or in part, as a result of a cause beyond its reasonable control and without its fault or negligence, including, but not limited to, governmental Regulations, strikes, lockout, export or import restrictions, acts of God, acts of war, epidemics, fire, communication line failures, power failures, earthquakes, floods, blizzard, or other natural disasters (a “Force Majeure Event”). Delays in performing obligations due to a Force Majeure Event shall automatically extend the deadline for performing such obligations for a period equal to the duration of such Force Majeure Event.
No Isolation reserves the right to amend the Terms in the Agreement period. It is the Users’ responsibility to keep updated on the Terms in force from time to time, but if any material amendments are made, the Users will be notified. If the Users continue to use the Product after an amendment is made, the Users shall be deemed to have accepted the amendment(s).
The Terms from time to time in force can be found at Terms and conditions for AV1.
If the Customer is a consumer, the Customer has the right to cancel this Agreement within thirty (30) days without having to provide a reason for the cancellation. The right to cancel expires thirty (30) days after the date the Customer or the Customer’s representative takes receipt of the Product.
In order to use the right of cancellation, you must inform us in a clear manner of your decision to cancel the Agreement, for example by e-mail to firstname.lastname@example.org or by letter sent to the address below.
No Isolation BV
1031 KS Amsterdam
The Customer may also use the cancellation form available on our website: Cancellation form (NL, DE, FR)
If the Customer cancels this Agreement, No Isolation shall refund any payments received from the Customer, including delivery costs (with the exception of additional costs incurred as a result of having chosen a different type of delivery than the low-cost type of standard delivery we provide) without undue delay and in all cases no later than fourteen (14) days after the day we receive notification of your decision to cancel the Agreement. Unless otherwise agreed, the refund will be made with the same payment method you used for the original transaction. The Customer will not be charged any fees in connection with the refund. The Customer is liable only for a possible reduction in the Product’s value due to a handling of the Product beyond that necessary to determine its nature, characteristics and function. No Isolation reserves the right to hold back the refund until the Product has been returned, or until the Customer has submitted documentation showing that the Product has been returned.
The Customer bears the direct cost of returning the Product. In order to receive a full refund, the Product must be returned in the state it was received without defects or visible marks.
This Agreement shall be governed by and construed in accordance with the laws of Norway. In the event of a dispute arising out of or in connection with this Agreement, the Parties shall in good faith attempt to resolve the dispute through negotiations. Any dispute which the Parties fail to resolve amicably within a reasonable period of time may be brought before the ordinary courts of Norway. The Parties submit to the exclusive jurisdiction of Oslo District Court.