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OSCAR presents you with these General Terms & Conditions relating to the provision of services, as well as the information, elements, data and requirements contained therein and which are the property of ROUTINEDISPLAY, Lda., legal person number 515705950, with registered office at Praça Conde Agrolongo, n.º 123 Edifício Gnration 4700-132 Braga, hereinafter referred to as "OSCAR".
For the purposes of understanding these Terms & Conditions, the following definitions shall apply:
1.1 "OSCAR application (hereinafter app)": the software that provides a set of services and allows them to be contracted electronically and remotely;
1.2 "Terms & Conditions": the general conditions that determine access to and use of the OSCAR app by its Users;
1.3 "Personal Data": information relating to an identified or identifiable natural person ("data subject"); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data (see Privacy Policy).
1.4 "Service Provider": a legal or natural person with whom OSCAR has a commercial agreement under which it makes its services available on the App, who will directly provide services to the User;
1.5 "Provision of Services": the services provided in the OSCAR app and the contract concluded between the Service Providers and the Users;
1.6 "User": a natural person over the age of 18 who accesses and uses the App in accordance with these Terms & Conditions.
1.7 "Contract": consists of the commercial agreement concluded between the Service Provider and OSCAR, which covers:
1.8 "Price": the amount that the User is obliged to pay the Service Provider for the services provided, as well as the amount to be deposited for payment of the intermediation by OSCAR.
1.9 "Intermediation fee": the fee that the Service Provider is obliged to pay OSCAR for use of the platform.
1.10 "Payments": card, payment system and other means of payment chosen by Users through OSCAR to pay for the Services.
2.1 In order to access the OSCAR app, you will need to install the application on your mobile device (either smartphone or tablet, with iOS or Android operating system).
2.2 Downloading and installing the OSCAR app on your mobile device is free of charge, although there may be costs related to the use of the telecommunications network and mobile data which are the sole and exclusive responsibility of the Service Provider and which must be paid by the Service Provider under the terms of the contract with the respective telecommunications operator.
2.3 Once the account has been created, authentication is carried out, which consists of sending the User a personal, confidential and non-transferable security code via SMS or e-mail, and the Service Provider is responsible for its maintenance, confidentiality and security.
2.4 The Service Provider must keep their credentials confidential and limit access to their Account, in particular by protecting their credentials against possible loss, theft or misuse. Any loss of credentials must be reported to OSCAR.
2.5 Any damage resulting from unauthorized use of credentials is the sole responsibility of the Service Provider.
2.6 The Service Provider declares and guarantees that:
2.7 In the event of a breach of any applicable legal provision, these Terms & Conditions or other applicable contractual provisions, OSCAR reserves the right to suspend or delete the Service Provider's account or take any other action it deems appropriate in its sole discretion.
3.1 The Service Provider agrees that it is entering into a Service Agreement with the User.
3.2 The Services are performed by the Service Provider as an independent company and therefore the Service Provider shall not be considered as an employee or worker or equivalent in relation to OSCAR with respect to 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:
4.1 The price of the Services is determined in the OSCAR app, as well as the applicable legal fees. Likewise, the Service Provider will be able to see the amount associated with the 30% (thirty percent) intermediation percentage which will revert to OSCAR and which will automatically be retained.
4.2 On the other hand, the OSCAR app also provides a price for each extra hour of service, which must be activated by the Service Provider in cases where, due to an incorrect, inaccurate or deficient description by the User, the work to be carried out turns out to be more complex than requested. The User has the right to choose to continue providing services or to refuse.
4.3 If the User does not accept the new price indicated, the provision of services will be canceled and a fee of €15 (fifteen euros) will be payable.
5.1 The Service Provider undertakes to provide valid, up-to-date and complete credit card or debit card information when registering to use the OSCAR app.
5.2 Payments will be made every 15 days, so that OSCAR can guarantee the efficiency and success of the Services provided.
5.3 If it is not possible for OSCAR to charge an amount relating to a Service Provision or any other amount to a User's credit or debit card, we reserve the right to temporarily suspend or disable all or part of your access to the App. This does not affect any other rights and remedies available to us (as the Service Provider's payment collection agent), and to the Service Provider.
5.4 Payments are made through an independent third party who will pay the value of the service before it takes place, and this value will be debited to the User's credit card.
5.5 The invoice will be sent by OSCAR in digital format to the email address indicated by the Service Provider, after confirmation that the Service Provision has been successfully executed.
6.1 Before starting to provide the Services, the Service Provider undertakes to go to the address indicated and identify the User.
6.2 If the Service Provider makes a mistake in identifying the User and payment is charged to a person to whom it was not made, OSCAR will refund the fee to the User. In this case, the Service Provider shall not be entitled to receive the fee corresponding to the executed Service Provision and shall bear the costs of reimbursement to OSCAR.
7.1 OSCAR is not a party, in any capacity whatsoever, to the contractual relationship established between the User and the Service Provider, and the latter therefore acknowledges that it cannot be held liable, particularly with regard to the performance of the contract and the fulfillment of the parties' contractual duties.
7.2 Likewise, OSCAR cannot be held liable for any breach of contract by any of the parties or any non-contractual breach, or for any loss or damage that may result for any of the parties.
7.3 OSCAR does not guarantee the permanent or uninterrupted operation of the OSCAR app, and therefore cannot be held liable for the impossibility of its use or for any damages that may result:
7.4 The Service Provider accepts full responsibility for its acts or omissions, as well as for the consequences resulting therefrom, exempting OSCAR from any liability for any direct or indirect action, whether incidental or criminal, related to an improper or illegal use of the OSCAR app.
7.5 The Service Provider acknowledges and accepts that OSCAR may not be held liable, directly or indirectly, as a result of the use of the OSCAR app.
7.6 The Service Provider is responsible for the use it makes of the OSCAR app, which, even if made by third parties, with or without its authorization, is presumed, for all contractual and legal purposes, to have been made by it. If, however, it is proven that the operation was carried out by a third party, it shall be presumed that this was consented to or culpably facilitated by the Service Provider.
7.7 The Service Provider and OSCAR agree that the computerized record or its reproduction on any medium, namely paper, constitutes proof of the operations carried out through the procedures set out in these Terms & Conditions.
7.8 OSCAR assumes no liability for any loss or damage that the Service Provider may incur in connection with the contract entered into with the User or as a result of the use of the OSCAR app, which includes, without limitation:
OSCAR reserves the right to exclude from using the OSCAR app, immediately and without prior notice, any Service Provider who:
8.1 Violates or is suspected of having violated any of the provisions of these Terms & Conditions and the respective Privacy Policy;
8.2 Uses the OSCAR app using false, inaccurate or incomplete registration data;
8.3 Make fraudulent use of the OSCAR app;
8.4 Manipulate, modify, delete or suppress data, programs or computer systems associated with the OSCAR app;
8.5 Contact Users of the OSCAR app directly, by any means, for the purpose of establishing partnerships or commercial relationships;
8.6 Has previously reported fraudulent or harmful behavior that could affect OSCAR's image and credibility.
9.1 By installing and using the OSCAR app, the Service Provider acknowledges and accepts that the intellectual property rights to all the content contained in the OSCAR app are the property of OSCAR, including the information, tools, graphic designs, all media components, the logo and all pictures or texts.
9.2 The total or partial reproduction of any information or content of the OSCAR app, its rental or sale, is not permitted without prior authorization from OSCAR.
9.3 The distinctive signs of the OSCAR app are protected and may under no circumstances be used by third parties without the prior express authorization of OSCAR.
9.4 The Service Provider is absolutely prohibited from any act or attempt aimed at accessing, modifying, reproducing, distributing, selling, licensing or copying the contents and intellectual property of OSCAR, whether in whole or in part.
9.5 All intellectual property rights relating to the software, its content and any existing related documentation, anywhere in the world, belong to OSCAR or its licensors and may not be copied, distributed, uploaded, republished, decompiled, disassembled or transmitted in any way without OSCAR's prior written authorization.Translated with www.DeepL.com/Translator (free version)
10.1 OSCAR aims to guarantee the quality, efficiency and success of the services it provides on its platform to Users. To this end, the User's evaluation is a key element in the continuity of the contractual relationship between OSCAR and the Service Provider.
10.2 The User can make comments and rate the quality of the care and service provided from 1 to 5.
10.3 In the event that the Service Provider is rated three times with scores below 3 on a scale of 1 to 5, OSCAR may contact the Service Provider to provide clarification. Without prejudice to the foregoing, OSCAR reserves the right to immediately terminate the contract concluded between OSCAR and the Service Provider without prior notice.
11.1 The Service Provider may terminate the Agreement at any time by giving OSCAR at least 15 (fifteen) days' written notice.
11.2 OSCAR may terminate the Agreement at any time and for any reason, at OSCAR's sole discretion, by giving the Service Provider at least 5 (five) days' notice.
11.3 OSCAR reserves the right to terminate the Agreement and block access to the Service Provider without any prior notice in case of violation of the Agreement and/or any applicable laws or regulations by the Service Provider.
11.4 Upon termination of this Agreement for any reason, all rights granted to the Service Provider under this Agreement shall immediately cease, the Service Provider shall cease all activities authorized by this Agreement
12.1 In the event of a dispute regarding the Provision of Services, in the first instance, please contact us at the following email address: partners@oscar-app.com.
12.2 In the unlikely event that it is not possible to resolve a dispute informally, we will discuss and agree with the Service Provider the most effective way of resolving the dispute.
13.1 OSCAR reserves the right to unilaterally modify the presentation and configuration of the OSCAR app at any time and without prior notice.
13.2 OSCAR reserves the right to update these Terms & Conditions in due course.
13.3 Changes or updates may be justified by the need to implement new features of the OSCAR app as well as changes to applicable legislation.
13.4 OSCAR will use its best efforts to notify Service Providers of changes or updates to these Terms & Conditions at least 14 (fourteen) days in advance.
13.5 In the event that any provision of these Terms & Conditions is deemed inapplicable or unenforceable, this shall not affect the applicability and full force of the remaining provisions.
14.1 The OSCAR app, as well as these Terms & Conditions, are subject to the legislation in force in the Portuguese legal system.
14.2 OSCAR and the User hereby accept and agree that any and all disputes arising from these Terms & Conditions, as well as the Privacy Policy which forms an integral part thereof, shall be settled by the Judicial Court of the District of Lisbon, with express waiver of any other.
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