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General Terms and Conditions of Use for the OLEFA DIMMI™ Application

Last update: 12.09.2019

 
DIMMI™ is an application developed and distributed by EducDesign s.a., located at 46, rue Jean Jaurès, L- 3490 Dudelange / Luxembourg / Europe.
 
 
These General Terms of Use apply to all users of the DIMMI™ application and to the associated functions and services.
With the registration in the application DIMMI™ the registered user accepts the following general terms of use expressly, completely and without objection.
 

  1. Scope of services of the application
    • A. The DIMMI™ application offers educational institutions and other organisations the possibility to send multimedia-based messages to the parents and legal guardians of pupils and children who belong to a class or group of these institutions.
    • B. The pedagogical staff of the educational institution will create and send the messages. Parents/guardians can receive and read them.
    • C. An individual access code (in the form of a QR code) is generated for each pupil and can be given to his/her parents or legal guardians. This access code creates a unique link between the Dimmi user account of the parents/guardians and the group of the concerned pupil.
    • D. After registration of the parents with the access code in the application DIMMI™ they get access to the messages of the class/group of the child.
    • E. Teachers also receive an individual access code for the use of the application and for the associated authorisation to send messages to the members of their respective classes and groups.
    • F. The user expressly agrees that the school authorities may be granted access to the message history at their request. The user will be informed accordingly.
    • G. Upon request of an entitled instance and upon presentation of an appropriate proof, EducDesign s.a. is entitled to terminate the connection between the student profile and a person who is not / no longer entitled to have access to the student profile and the information contained therein.
  2. Contractual obligation
    • A. The DIMMI™ App can currently only be used if the educational institution has a valid contract/agreement to use the OLEFA Education Suite by EducDesign s.a.
    • B. The DIMMI™ App currently cannot be purchased as a stand-alone App.
    • C. The mentioned agreement between the institution and EducDesign (Netcare / EduCare) provides for the free use of the DIMMI™ App by end users (educational staff, parents and guardians).
    • D. Upon termination of this agreement between an educational institution and EducDesign s.a. any claim to the use of the DIMMI™ App also ends automatically.
  3. Liability and responsibility of EducDesign s.a.
    • A. All information sent via DIMMI™ is generated and made available by the users themselves.
    • B. EducDesign s.a. is not responsible for information entered by the user.
    • C. In particular EducDesign s.a. is not responsible for the correctness and validity of the entered data (e.g. contact data of the parents).
    • D. EducDesign s.a. is not responsible for the legality of the access to the communication process.
    • E. The responsible persons of the institution are obliged to hand out the QR Codes only to actual legal guardians. The legal guardians are responsible for not passing on these QR Codes to third parties.
    • F. With the DIMMI app, EducDesign s.a. only offers the technical and application platform for the communication.
    • G. EducDesign s.a. is not liable for direct or indirect references (links) to other websites, which are outside the area of responsibility of EducDesign s.a.
    • H. EducDesign s.a. provides all their services according to the current state of the technical and organisational conditions.
    • I. EducDesign s.a. reserves the right to change the application and the functions or to discontinue them if necessary.
    • J. EducDesign s.a. uses a secure transmission method (SSL) for the transmission of all messages. This is intended to achieve the highest possible security standard. Nevertheless EducDesign s.a. cannot take any responsibility for attacks by hackers.
    • K. EducDesign s.a. assumes no responsibility for any interruptions, disturbances, deletions, false transmissions or a storage failure in connection with the use of services or communication with users / among users. EducDesign s.a. is not liable for delays or the impossibility of performance due to force majeure (e.g. strike, fire, war, theft, etc.) or for reasons that are not within the sphere of EducDesign s.a. (e.g. due to orders of public authority or technical changes).
    • L. The user acknowledges that the services offered by EducDesign s.a. are offered by third party network operators (e.g. services of the datacenter and other ISP). The availability of the services is therefore dependent on technical provision of external network services, for which EducDesign s.a. cannot assume any responsibility.
    • M. In the case of maintenance work there may be restrictions of the offered services - the user is not entitled to any claims.
    • N. With DIMMI™ EducDesin s.a. offers a complementary platform for the informal exchange of information. DIMMI™ is in no case or form a substitute for other primary communication channels between the educational organisation and registered users, in particular for any emergency situation.
  4. Liability and responsibility of the user
    • A. The user is responsible for the content of his registration, his user data and his messages.
    • B. It is in the user's own interest to ensure that no sensitive data within the meaning of Art. 9 GDPR (i.e. in particular data concerning racial or ethnic origin, political opinion, religious or ideological conviction, health or sexual life) is shared about himself or other persons via the DIMMI™ platform.
    • C. Only users with a verified email address can use the DIMMI™ platform.
    • D. By using the services of the DIMMI™ App the user promises that his information is correct, exact, current and complete. The user also undertakes to update his data immediately in the event of a change so that his data is correct, exact, current and complete at all times.
    • E. If there is reason to believe that data is incorrect, exact, current or complete, EducDesign s.a. is entitled to block the user account.
    • F. Users are obliged to keep their password, account information and access codes safe and not to share them with anyone except other legal guardians. Users are themselves responsible for ensuring that access to the DIMMI™ App is is only made available to authorised persons. Users are also responsible for all activities that occur in their user account.
    • G. The user undertakes to indemnify EducDesign s.a. for damages which arise through him in connection with claims, demands, lawsuits, etc. because of defamation, offences of insult, violation of personal or intellectual property rights, because of the perturbation of services for other users or a violation of the terms of use.
    • H. Furthermore, the user undertakes not to misuse the services in the DIMMI™ application, in particular:
      • - not to spread any immoral, obscene, pornographic or radical right/left, violent, inhuman content or photos
      • - not to spread any defamatory, offensive or illegal material or information about it
      • - not to threaten, harass or otherwise violate the rights of others
      • - not to upload data that contains viruses
      • - not to upload data that is protected by copyright (unless he owns the copyright or has the appropriate permissions)
      • - no to indicate wrong contact data
      • - not to use the application in a way that perturbs the service for other users
      • - not to intercept or attempt to intercept any information (e-mails, messages, etc.)
      • - not to send chain letters, unlawful structural sales or the like
      • - not to generate traffic with unauthorised means
  5. Copyright
    • A. The users themselves are responsible for checking any rights of third parties in relation to the content they post and are solely liable for any infringement of such rights. The user indemnifies EducDesign s.a. in this respect.
    • B. All contents, information, logos, pictures, designs, layout, applications, sound documents, video sequences, descriptions, illustrations and graphics etc. stand and remain - including the associated rights - in the property of the respective owner. The user does not receive any rights of use or exploitation of works of EducDesign s.a.. The modification, distribution, duplication, publication and passing on to third parties is not permitted.
  6. Warranty and damages
    • A. EducDesign s.a. is not liable for any interruptions of service that cannot be attributed to their direct sphere of influence, especially technical failures, force majeure or strike.
    • B. Compensation claims against EducDesign s.a. resulting from the use of the DIMMI™ App are excluded, unless EducDesign s.a. caused the damage intentionally or grossly negligent.
  7. Data protection
  8. Resign/termination of use
    • A. The user has the right to terminate the use of the DIMMI™ App at any time with immediate effect and can request the deletion of his user account. (All you need to do is send a simple email to with the email address provided during registration).
  9. Final provisions
    • A. The current version of the terms of use can be found at www.dimmi.lu/legal.
    • B. Should individual provisions of this agreement be invalid or unenforceable, this shall not affect the validity of the remaining provisions. Luxembourg law shall apply to all legal disputes arising from these provisions.
    • C. All disputes arising from these provisions shall be governed by Luxembourg law.
    • D. Place of fulfilment is the seat of EducDesign s.a.
    • E. The German version of the ANB is legally binding.