OSCAR presents these General Terms & Conditions relating to the provision of services, together with the information, elements, data and requirements contained therein, which are the property of OSCAR App Limited, a company incorporated in England and Wales with company number 16336226, having its registered office at 3rd Floor, 1 Ashley Road, Altrincham, Cheshire WA14 2DT, hereinafter referred to as “OSCAR”.
1. About the OSCAR Application
1.1 “OSCAR Application” (hereinafter “OSCAR” or “OSCAR app”): the software that provides a set of services and enables their electronic and remote contracting.
1.2 “Terms & Conditions”: the general conditions governing access to and use of the OSCAR app by Users.
1.3 “Personal Data”: information relating to an identified or identifiable natural person (“data subject”), considered identifiable where they can be identified directly or indirectly, in particular by reference to an identifier such as a name, identification number or location data (see the Privacy Policy).
1.4 “Service Provider”: a legal entity or individual with whom OSCAR maintains a commercial agreement under which its services are made available through the application, to be provided directly to the User.
1.5 “Service Provision”: the services made available in the OSCAR app and the contract entered into between Service Providers and Users.
1.6 “User”: an individual, aged 18 or over, who accesses and uses the application in accordance with these Terms & Conditions.
1.7 “Contract”: the commercial agreement entered into between the Service Provider and OSCAR, which covers:
1.7.1 These general Terms & Conditions.
1.7.2 Special terms published in the OSCAR app, for example regarding prices or service descriptions.
1.7.3 Any additional terms or documents signed in the future between the Service Provider and OSCAR.
1.8 “Price”: the amount the User is obliged to pay the Service Provider for services rendered, as well as the amount retained for payment of OSCAR’s intermediation fee.
1.9 “Intermediation Fee”: the fee the Service Provider is obliged to pay OSCAR for use of the platform.
1.10 “Payments”: card, payment system or other means selected by Users through OSCAR to pay for the Service Provision.
2. Acceptance and Formation of the Contract with OSCAR
2.1 To access the OSCAR app, you must install the application on your mobile device (smartphone or tablet, with iOS or Android).
2.2 Download and installation of the OSCAR app are free of charge, but costs may arise from the use of the telecommunications network and mobile data, which are the sole responsibility of the Service Provider under their contract with their operator.
2.3 Once the account is created, authentication will take place, consisting of the sending to the Service Provider, via SMS or email, of a personal, confidential and non-transferable security code, which the Service Provider is responsible for maintaining securely.
2.4 The Service Provider must keep their credentials confidential and limit access to their Account, protecting against loss, theft or misuse. Any loss of credentials must be reported to OSCAR.
2.5 Any damages resulting from unauthorised use of credentials are the sole responsibility of the Service Provider.
2.6 The Service Provider declares and warrants that:
- They have carefully reviewed, understand and agree to be bound by this Contract, including all obligations described herein.
- They will not allow other persons to use their account or transfer/assign it without OSCAR’s express written authorisation.
- They will not copy or distribute the OSCAR app software or other OSCAR content without prior written consent.
2.7 In case of breach of any applicable law, these Terms & Conditions, or other contractual provisions, OSCAR reserves the right to suspend or delete the Service Provider’s account or take any other action it deems appropriate.
3. Contractual Relationship Between Service Provider and User
3.1 The Service Provider agrees that they are entering into a Service Provision Contract directly with the User.
3.2 Services are provided by the Service Provider as an independent business and they shall not be deemed to be an employee, worker or similar of OSCAR in respect of the services provided.
3.3 Without prejudice to OSCAR not being a party to the contractual relationship between the Service Provider and the User, the Service Provider undertakes to:
3.3.1 Maintain appropriate insurance cover, including public liability insurance and any other legally required insurance.
3.3.2 Ensure health and safety obligations are met.
3.3.3 Ensure that all staff or subcontractors are fit and qualified to perform the work.
3.3.4 Not provide services under the influence of alcohol or drugs, nor engage in conduct that risks the safety of Users or third parties, or that could affect OSCAR’s image or credibility.
3.3.5 Act diligently and avoid risky behaviour.
3.3.6 Provide and maintain all equipment, materials and means necessary to perform the Service Provision, at their own cost, including transport costs.
4. Prices
4.1 The price of the Service Provision is set out in the OSCAR app, together with applicable legal taxes. The Service Provider will also be able to see the amount corresponding to OSCAR’s 30% (thirty percent) intermediation fee, which will automatically be withheld.
4.2 The OSCAR app also provides for a price per additional hour of service, which may be activated by the Service Provider where, due to an incorrect or incomplete description by the User, the work proves more complex than initially requested. The User may choose to continue or refuse.
4.3 If the User does not accept the new price, the service will be cancelled and a cancellation fee of £15 (fifteen pounds) will be payable.
5. Payment Methods
5.1 The Service Provider undertakes to provide valid, up-to-date and complete card or payment details when registering for the OSCAR app.
5.2 Payments will be made every 15 days in order for OSCAR to ensure efficiency and accuracy of completed Service Provisions.
5.3 Payments are processed through an independent third party which will retain the service amount prior to performance and debit the User’s card once completed.
5.4 OSCAR will issue an invoice for the intermediation fee, sent in digital format to the email address provided by the Service Provider, once successful completion of the Service Provision is confirmed.
6. User Identification
6.1 Before starting the Service Provision, the Service Provider agrees to attend the address indicated and identify the User.
6.2 If the Service Provider makes an error in identifying the User and payment is charged to the wrong person, OSCAR will refund the User. In such case, the Service Provider will not be entitled to the service fee and shall bear the refund costs to OSCAR.
7. Liability
7.1 OSCAR is not a party to the contractual relationship between the User and the Service Provider, and cannot be held responsible for execution of the contract or fulfilment of obligations by either party.
7.2 Without prejudice to the above, OSCAR and the Service Provider may be held jointly liable to Users for the Service Provider’s breach of contract.
7.3 If OSCAR is held liable, it is entitled to indemnification from the Service Provider.
7.4 This includes liability for accidents, property damage, economic loss, lost profits, business or reputational damage, data loss, or any other consequential damages arising from the Service Provision.
7.5 OSCAR does not guarantee uninterrupted functioning of the app and, to the fullest extent permitted by law, cannot be held liable for failures, interruptions, viruses, internet overloads, unauthorised third-party activity or outdated/insecure equipment used by the Service Provider.
7.6 The Service Provider assumes full responsibility for their acts or omissions, recognising that OSCAR shall not be liable for unlawful or improper use of the app.
7.7 The Service Provider is responsible for all use of the app, whether by themselves or third parties, with or without authorisation.
7.8 The Service Provider and OSCAR agree that electronic records or reproductions thereof constitute valid evidence of operations carried out under these Terms & Conditions.
8. Penalties
8.1 OSCAR reserves the right to exclude from the app any Service Provider who:
- Breaches or is suspected of breaching these Terms & Conditions or the Privacy Policy.
- Uses the app with false, inaccurate or incomplete registration data.
- Makes fraudulent use of the app.
- Manipulates, modifies or deletes data, programs or systems linked to the app.
- Contacts Users directly with the aim of establishing commercial relationships outside the app.
- Has previously been reported for fraudulent or harmful conduct affecting OSCAR’s image or credibility.
9. Intellectual Property Rights
9.1 By installing and using the OSCAR app, the Service Provider acknowledges that intellectual property rights over all contents of the app belong to OSCAR, including information, tools, graphics, logo, images and text.
9.2 Reproduction, rental or sale of any information or content from the app without OSCAR’s prior written authorisation is prohibited.
9.3 OSCAR’s distinctive signs are protected and cannot be used without express authorisation.
9.4 The Service Provider is prohibited from attempting to access, modify, reproduce, distribute, sell, license or copy OSCAR’s contents or intellectual property.
9.5 All intellectual property rights in the software, content and documentation belong to OSCAR or its licensors.
9.6 OSCAR grants the Service Provider a free, non-exclusive, non-transferable and revocable licence to use the app for commercial purposes in accordance with these Terms & Conditions.
9.7 Profile photographs and AI standardisation: The Service Provider authorises OSCAR to modify, optimise, crop, standardise or replace profile photographs associated with their account, including through artificial intelligence technologies, exclusively to ensure consistency, minimum quality, legibility and compliance with the app’s visual standards and these Terms & Conditions. OSCAR will not make alterations that misrepresent the Service Provider’s identity. This provision is complementary to the Privacy Policy.
10. User Reviews
10.1 OSCAR seeks to guarantee the quality and success of services made available through the platform. User reviews are fundamental to continuation of the contractual relationship.
10.2 Users may leave comments and rate from 1 to 5 the quality of service received.
10.3 In the event of three ratings below 3, the Service Provider may be contacted by OSCAR. OSCAR reserves the right to terminate the contract in cases of serious or repeated failure to meet quality standards.
11. Duration and Termination
11.1 The Service Provider may terminate the Contract at any time by giving OSCAR at least 15 days’ written notice.
11.2 OSCAR may terminate the Contract at any time, on justified grounds, by giving the Service Provider at least 30 days’ written notice.
11.3 OSCAR may terminate the Contract and block access in case of breach of these Terms or applicable laws.
11.4 Upon termination, all rights granted to the Service Provider under this Contract cease immediately and they must stop all activities authorised by it.
12. Dispute Resolution
12.1 In case of dispute, please contact OSCAR first at
[email protected].
12.2 Single point of contact for UK or EU authorities and regulatory bodies:
[email protected]. Communications may be made in English, Portuguese or Spanish.
12.3 Contact point for service recipients:
[email protected] or via the “Help/Support” section in the app.
12.4 If a dispute cannot be resolved informally, OSCAR will consider and, where appropriate, engage in alternative dispute resolution with recognised ADR entities in the UK.
13. Final and Transitional Provisions
13.1 OSCAR reserves the right to unilaterally modify the presentation and configuration of the app at any time.
13.2 OSCAR may update these Terms & Conditions from time to time.
13.3 Modifications may be required due to new functionalities or changes in applicable law.
13.4 OSCAR will use reasonable efforts to notify Service Providers at least 15 days in advance of important changes.
13.5 If any provision is deemed unenforceable, this will not affect the validity of the remaining provisions.
14. Applicable Law and Jurisdiction
14.1 The OSCAR app and these Terms & Conditions are governed by the laws of England and Wales.
14.2 Without prejudice to rights legally granted to Service Providers, OSCAR and the Service Provider agree that any dispute arising under these Terms & Conditions or the Privacy Policy shall be submitted to the exclusive jurisdiction of the courts of England and Wales.
14.3 Without prejudice to the above, in the context of its internal complaints handling procedure, OSCAR is willing to cooperate with recognised mediation or alternative dispute resolution entities in the UK, with a view to reaching an appropriate extrajudicial solution with the Service Provider, where applicable and proportionate.
