Document map
| 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. | |||||||||||||||||||||||||
| If you have any questions about these terms, please contact hello@dalza.com or click "Ask Dalza" in the Platform. | |||||||||||||||||||||||||
| Last updated 17 December 2024 | |||||||||||||||||||||||||
| Learn more at worldcc.foundation | |||||||||||||||||||||||||
| Learn more at majoto.io | |||||||||||||||||||||||||
| Core principles | |||||||||||||||||||||||||
| There are 4 key principles that underpin these terms of use. We hope this helps you to understand this document better. | |||||||||||||||||||||||||
| The child is at the centre | |||||||||||||||||||||||||
| Everything is about ensuring that the child benefits and is protected. | |||||||||||||||||||||||||
| Parents are in control | |||||||||||||||||||||||||
| Parents have the right to decide who has access to information and what can be done with it. This is always subject to the rights of the child in law. 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. | |||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||
| Teamwork makes the dream work | |||||||||||||||||||||||||
| The more that team members use the Platform to collaborate and work together, the more the child will benefit. | |||||||||||||||||||||||||
| Important things | |||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||||
| Limitations and exclusions of risk and liability. | 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. | ||||||||||||||||||||||||
| Assumptions of legal risk by you. | 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. | |||||||||||||||||||||||||
| . | |||||||||||||||||||||||||
| 1. Our relationship. Who is who, who else is involved, and how this relationship works. | . | ||||||||||||||||||||||||
| 2. Our promises. Promises Dalza makes to you in relation to the Platform, and some exceptions. | . | ||||||||||||||||||||||||
| 3. Your responsibilities. Your obligations and the responsibility you take when using Dalza. | . | ||||||||||||||||||||||||
| 4. Do's and Don'ts | . | ||||||||||||||||||||||||
| Rules of the road for using Dalza, inviting team members and sharing information. | . | ||||||||||||||||||||||||
| 5. Data and assets | . | ||||||||||||||||||||||||
| Ensuring that your data, and our intellectual property, are protected. | |||||||||||||||||||||||||
| 6. If things go wrong | . | ||||||||||||||||||||||||
| How we manage risk and liability if unexpected things happen. | . | ||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||
| 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. For users in Luxembourg, we are Dalza Sà.r.L SIS, a Luxembourgish company with number B284235 and address 562 Rue de Neudorf, Luxembourg, 2220. | 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. | ||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||
| 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. | 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. | ||||||||||||||||||||||||
| These Terms (and any documents it refers to such as our Privacy Notice or Special Terms) are referred to as this agreement. | 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. | ||||||||||||||||||||||||
| Whenever you see this icon, it means additional legal or practical detail. | |||||||||||||||||||||||||
| 3. Your other relationships | |||||||||||||||||||||||||
| 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. | 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. | ||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||
| 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. | 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 | |||||||||||||||||||||||||
| This agreement starts when you first access and use the Platform. | This agreement continues for as long as, and whenever, you use the Platform or remain a registered user. | ||||||||||||||||||||||||
| 6. When this agreement ends | |||||||||||||||||||||||||
| 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. | 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). | ||||||||||||||||||||||||
| 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. | 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. | ||||||||||||||||||||||||
| 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. | ||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||
| 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. | |||||||||||||||||||||||
| Fee increases. Dalza may increase the Fees at any time, by giving you at least 30 days' prior notice. | 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. | ||||||||||||||||||||||||
| This icon means it's an important bit of legal detail. | |||||||||||||||||||||||||
| 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. | ||||||||||||||||||||||||
| 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. | 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 | |||||||||||||||||||||||||
| 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. | 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. | ||||||||||||||||||||||||
| 9. Contacting us | |||||||||||||||||||||||||
| 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. | 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. | ||||||||||||||||||||||||
| 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 | |||||||||||||||||||||||||