Komp terms and conditions

Introduction
Kompany AS, company reg. no 932 393 263, offers a product and a service designed for people with limited digital competence and 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 people in possession of the Screen (“Komp User”) and people in that person’s social circle who have created a profie 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 circle can download the Application on their mobile phone or tablet and easily send instantaneous images or text to the Screen, which is then transmitted to the 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 Komp.

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 individual App User will be asked to accept and agree to the application terms in Google Play or Apple store 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 Kompany.

Registration in the Application
Before the application can be used, the App User must register. During registration, the App User must provide only correct information about themselves. After registration, a user profile is created. This profile is personal and cannot be used by anyone other than the App User themselves. If an App User suspects that their personal profile is being used by someone else, the concerned App User must immediately notify Kompany about this.

Personal Data and Information Security
All data, information and material of any kind provided to Kompany 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, Kompany’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 Kompany in connection with the delivery of the Product and associated service. Kompany 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. Kompany’s standard Data Processing Agreement is part of these Terms, and sets out further details on the data processing relationship. The Data processing agreement can be found on our website.

Equipment not provided by Kompany
Komp communicates with the Application through WiFi or mobile broadband. User is 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 Kompany, including installation, operation and maintenance of such Equipment at User’s own expense.

Customer acknowledges that Kompany makes no representations or warranties with respect to the Equipment and is not liable for any loss arising from the use of such Equipment.

Term of the Agreement upon receiving of the Product
When purchasing Komp you have ninety (90) days right to return from the date the product is received by the customer. Contact support@komp.family for a return form.

When renting, unless any limited offers apply, the Agreement shall enter into force on the date of submission of the Order to Kompany and shall remain in force on a fixed-term of three (3) months.

The Product shall be returned to Kompany 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 Kompany within a reasonable time after return.

Price and Payment Terms
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 price includes:

• User manual and support,
• The Application and updates thereof
• Free software updates
• 4G

The price is divided into a one-off payment for Komp and a monthly subscription for use of the Application and 4G. The subscription is free for the first three (3) months, after which the monthly amount is deducted (the «Subscription Fee»).

Kompany reserves the right to change the Subscription Fee or applicable fees and to introduce new fees and charges upon thirty (30) days’ notice (which may be provided via email). Such a change will constitute a change to the Terms. The customer’s continued use after the end of the notice period for the mentioned changes is regarded as acceptance of the new Terms.

Kompany (or the payment service provider) is authorised to charge the Subscription Fee from the Customer’s account at the beginning of each subscription period (in addition to any applicable other fees and charges) for as long as the subscription continues.

Payment of the Subscription Fee: The Subscription Fee and any other applicable fees including taxes, transaction fees or other charges will be charged from the Customer’s account on the billing date. To avoid any doubt, Kompany is not responsible for any fees that the bank or payment provider charges the Customer for the use of the credit card or payment method.

Automatic renewal: The Customer’s subscription will continue and automatically renew for the current subscription period unless cancelled.

Authorisation of payments: By providing a payment method that Kompany accepts, the Customer represents and warrants that it is authorised to use the specified payment method and that Kompany (or its third party payment provider) will charge the account for the total amount of applicable subscription fees or other purchases (including any applicable taxes and other charges). Payment information linked to the Customer’s account can be updated by contacting Kompany’s customer support.

The customer is responsible for paying all amounts due even if the account is suspended, disabled, cancelled or terminated due to missing payments or other violations of the agreement or applicable laws. If the payment details change, the card provider can provide Kompany with updated card details. Kompany can use this new information to prevent any interruptions in the subscription, and will notify you by email if a new payment method is used.
If the payment method cannot be verified, is invalid or is otherwise not acceptable, the order or subscription may be suspended or cancelled.

The Customer accepts that the amount billed may vary due to promotional offers, changes to the subscription plan or changes in applicable taxes or other fees, and the Customer authorises Kompany (or a third party payment processor) to charge the Account for the corresponding amount.

Taxes/VAT: The customer is responsible for all taxes or fees in connection with the purchase of a subscription or other products or services. Kompany will collect applicable value added tax if Kompany is obligated to collect this.

The customer can cancel the subscription at any time and without reason. Contact support@komp.family to cancel.

For paid subscriptions, cancellation of the subscription will take effect at the end of the current billing period. The Customer is responsible for all fees (including applicable taxes and other fees) incurred with respect to fees processed prior to the cancellation of the rolling subscription.

Upon termination of the Customer’s subscription and/or user account, whether by Kompany or by the Customer, the Customer loses access to the subscription.

In case of defaulting or late payment, Kompany may, after at least fourteen (14) days’ written notice, make the Product unavailable to the Customer. In case of persistent late Komp payments, Kompany may terminate the Agreement.

Delivery of the Product

7.1. General

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. The Customer acknowledges that delays in relation to the estimated shipping and delivery dates may occur. Kompany 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 Kompany 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. Kompany 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.

7.2. Delivery in case of donation purchases
For donation purchases, Kompany 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 Kompany 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. Kompany shall under no circumstances choose a recipient on behalf of the Customer.

Breach and termination of service
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.

Kompany reserves the right to make the Product unavailable to the User if these Terms are not complied with. It is in Kompany’s discretionary authority to determine such exclusion, but Kompany undertakes to give a reasoned explanation of its decision upon request. Kompany shall not be held financially liable in this regard. Kompany 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 Responsibility
User is responsible for all actions taken when using the Product. User and Customer undertake to hold Kompany 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 Kompany immediately upon discovery.

Product Defects
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 Kompany.

Complaints relating to defective Products must in all cases be notified to Kompany 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.

Limitation of Liability

Kompany is not liable for any direct or indirect loss or damage, unless caused intentionally or by gross negligence on the part of Kompany, or unless liability is established pursuant to mandatory consumer protection law.

Kompany’s liability to the Customer and the User is limited to the amount the Customer has paid to Kompany for the Product, unless otherwise is stipulated in mandatory consumer protection law.

Except as expressly set forth herein, Kompany 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.

Updates and Maintenance
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 Kompany, St. Olavsplass 5, 0165, Oslo, Norway. Unless otherwise agreed with Kompany, 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 Kompany of any Product malfunction. Kompany disclaims all liability for any damage in􀀃icted on the Product as a result of the User’s own repair work.

Kompany reserves the right to undertake necessary maintenance work on the Product. Kompany will endeavour to perform such maintenance without unnecessary disturbance to the Users. Kompany shall not be held liable for any lack of access to the Product due to necessary maintenance or upgrade work.

Intellectual Property Rights
The content of the Product as well as all associated copyrights and other intellectual property rights belong to Kompany and is Kompany’s property. Users are responsible for ensuring that their use of the Product is in compliance with Kompany’s intellectual property rights.

Customer or User may from time to time provide suggestions, comments for enhancements or functionality or other feedback (“Feedback”) to Kompany with respect to the Product or other intellectual property rights belonging to Kompany. Kompany 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 Kompany is given sole ownership of the Feedback, and that no sums are payable by Kompany for such Feedback, neither at the date of the Feedback nor in the future.
In the event of a potential transfer of the company to another legal entity, rights and obligations under this Agreement shall remain.

Force Majeure
Kompany 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, 􀀃oods, 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.

Amendments to the Terms
Kompany 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).

Cancellation of Purchase
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 by e-mail to support@komp.family.

If the Customer cancels this Agreement, Kompany 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 notifcation 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. Kompany 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.

Governing Law and Dispute Resolution

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.