Terms and conditions KOMP app
No Isolation, company reg. no. 815 716 272, offers a product and a service designed for people with limited digital competence and their social network. The product consists of a screen with an integrated communication software (“KOMP” or the “Screen”) and an application (the “Application”) which together form the product (the “Product”). The users of the Product are the person who is in possession of the Screen (“KOMP User”) and people in that person’s social circuit who has created a profile in the Application (“App User”, and together with the KOMP User, “User”). The purpose of the Product is to facilitate communication between the KOMP User and his or her social network, irrespective of digital competence. People in the KOMP User’s social circuit can download the Application on their mobile phone or tablet and easily send instantaneous images or text to the Screen, which is placed with KOMP User. Furthermore, the Product makes it easy for the user to communicate directly with friends and family through video-chat. For more information on the Product and how it works, please see Privacy.
These are the terms and conditions for the use of 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.
In addition to these Terms, the App Users will be subject to separate terms and conditions applicable to use of the Application (the “Application Terms”). The individual App 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 6, 7.2, 10, 11, 12, 13, 14, 16 and 17 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 KOMP and Application by the Customer or User belongs to the Customer and/or User. 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.
Before commencing use of the Application, the App User must register. When registering, the App User must only provide accurate information about himself. After registration, a user profile will be created. This profile is personal and shall not be used by anyone other than the App User himself. If an App User suspects that his personal profile may be used by someone else, the App User must immediately notify No Isolation.
KOMP communicates with the Application through WiFi or mobile broadband. The User is himself responsible for any item required to access the internet via WiFi or mobile broadband. User is also responsible for any other equipment (“Equipment”) used in conjunction with the Product, but not provided by No Isolation, including installation, operation and maintenance of such Equipment at User’s own expense.
Customer acknowledges that No Isolation makes no representations or warranties with respect to the Equipment and is not liable for any loss arising from the use of such Equipment.
The Agreement shall enter into force on the date of submission of the Order to No Isolation and shall remain in force until terminated by either party by giving at least thirty (30) days’ written notice, or until the Agreement is terminated in accordance with these Terms.
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. shall be borne by the Customer. The Product shall be checked 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.
The Customer can choose a down payment option with monthly instalments. There is no interest or other costs applicable to the down-payment option. The Customer is free to pay the remaining credit at any time. All prices are quoted including VAT.
The price includes:
- 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.
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 Users 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, data transmission in violation of applicable law, third party access to an App User’s Personal Profile, 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 the Customer became aware of the defect, submit a written complaint to No Isolation. No Isolation’s standard complaints form can be found here Cancellation form for KOMP.
Complaints relating to defective Products must in all cases be notified to No Isolation within five (5) years after Customer received the Product. If it is determined that the Product has a Product defect, and if the Customer is a consumer, the Customer is entitled to all remedies available under applicable consumer protection law.
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 consumer protection 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 mandatory consumer protection 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, provided the Screen is connected to power and internet. Upon updates to hardware, the Screen can be submitted to No Isolation, Christian Kroghs gate 16, 0186 Oslo, Norway. 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 KOMP.
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 AS
Christian Krohgs Gate 16
The Customer may also use the cancellation form available on our website: Cancellation form for KOMP.
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 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. 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.