EN
We present to you the General Terms & Conditions of use of the OSCAR application, information, elements, data and requirements contained therein and which is 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 "the OSCAR", "application", "OSCAR application", "us" and "we".
The OSCAR application has been developed as a platform that provides various services and solutions, and Users may request the Services they require through this means. For the purposes of understanding these Terms & Conditions, the following definitions shall apply:
1.1 "OSCAR application (hereinafter "application" or "OSCAR application")": 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 application 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 made available in the App and provided directly by the Providers to the Users;
1.6 "User": a natural person over the age of 18 who accesses and uses the OSCAR App in accordance with these Terms & Conditions.
2.1 In order to access the OSCAR application, the User must install the application on their mobile device (either smartphone or tablet, with iOS or Android operating system).
2.2 Downloading and installing the OSCAR application 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 User and which must be paid by the User under the terms of the contract with the respective telecommunications operator.
2.3 Access to the OSCAR application is subject to prior registration and creation of an individual User account, using the following identification details: full name, address, cell phone number and e-mail address, and entering the confirmation code that you will receive via SMS.
2.4 In order to register and create an account, it is a prerequisite and indispensable condition that the User completes the registration form in full and accepts these Terms & Conditions and the Privacy Policy.
2.5 The contract between OSCAR and the User regarding the use of the application takes effect from the moment the User authenticates their account.
2.6 The User may, at any time, view, change or delete their account information or settings.
2.7 In the event of a breach of any applicable legal provision, these Terms & Conditions of Use or other applicable contractual provisions, we reserve the right to suspend the User's account, delete the account or adopt any other measure that we, in our sole discretion, deem appropriate.
2.8 The User must limit access to their account, in particular by protecting their validation codes against possible loss, theft or misuse.
2.9 Any damage resulting from unauthorized use of credentials is the sole responsibility of the User.
3.1 The OSCAR application provides its Users with a range of services, services for which the OSCAR application assumes no responsibility for their provision, particularly with regard to the respective conditions of execution, availability, compliance with deadlines and quality of the service provided. The services requested will be provided directly by the Service Providers.
3.2 To request a Service, the User must access the OSCAR application and consult the catalog of available services. Once the Service has been chosen, the User must fill in a form relating to the nature and conditions of the Service they wish to contract. Once the form has been filled in, the price will be displayed and, if the price is accepted by the User, the User must enter their bank card number and authentication code and OSCAR will then confirm the order.
3.3 The Service contract between the Service Provider and the User is effective from the date of confirmation by the OSCAR application of the User's request.
3.4 The User may cancel the desired Service, bearing in mind that:
3.4.1 If the Service is canceled within 15 (fifteen) minutes of the User's request, no cancellation fee will be payable and the amount held on the User's bank card will be automatically unblocked. However, please note that refunds may take up to 10 (ten) working days.
3.4.2 In the event that the User cancels the request for the execution of the Service within a period of more than 15 (fifteen) minutes, a cancellation fee of 25% (twenty-five percent) or 50% (fifty percent) of the price indicated in the confirmation of the initial request for the Service will be charged to the bank card indicated by the User.
3 .4.2.1 The fee of 25% (twenty-five percent) of the total value of the Service shall be applied in the event that the cancellation of the Service occurs between 15 (fifteen) minutes after its request and 2 (two) hours before the time of execution of the Service requested by the User. If the cancellation of the Service occurs less than 2 (two) hours before the time of execution of the Service, a cancellation fee of 50% (fifty percent) of the total value of the Service shall apply.
3.5 We reserve the right, at any time and without having to invoke just cause, to cancel any order for which the provision of services has not yet begun, and the amount deposited on the User's bank card will be immediately unblocked. However, please note that refunds may take up to 10 (ten) working days.
3.6 Once the OSCAR application has confirmed that the Services have been provided, the User will be able to evaluate the Service Provider's performance. We will use the User's evaluation to improve and control the quality of the services.
4.1 The User undertakes to provide valid, up-to-date and complete bank card information when registering to use the application. By requesting a certain service, the User authorizes OSCAR to charge the amounts for the price indicated and hereby confirms that the information provided is accurate.
4.2 If OSCAR is unable to charge an amount for a Service or any other amount to your bank card, we reserve the right to temporarily suspend or disable all or part of your access to the OSCAR App (without any liability to you). 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.
5.1 When requesting services, the User may check the legally applicable fees.
5.2 The price will be charged automatically when the User confirms that the services have been provided.
5.3 It is the User's responsibility to correctly describe and present the services requested.
5.4 If the Service Provider finds that the information provided by the User does not correspond to the reality found, we reserve the right to:
5.4.1 Adjust the price to the new conditions of service provision indicated by the Service Provider, subject to agreement and final acceptance by the User.
5.4.2 Cancel the provision of services, without limitation, due to the impossibility of their execution.
5.5 If the User does not accept the new price indicated, the provision of services will be canceled and the amount corresponding to 50% of the price indicated in the confirmation of the initial request for the Service will be paid by debiting the bank card indicated by the User.
5.6 Payments are made through an independent third party who will hold the value of the service before it is carried out, and this amount will be debited from the User's bank card after confirmation that the Service has been carried out.
5.7 The invoice will be sent in digital format to the email address indicated by the User, after confirmation that payment has been made successfully.
6.1 We may occasionally send you promotional codes. The credit resulting from the promotion may be applied in the payment method tools or through other elements or benefits related to the service established in the promotional campaign itself. The date on which the code expires may be announced in the application or by other means.
6.2 The OSCAR App reserves the right to cancel promotional codes at any time, without justification. This applies, but is not limited, to situations in which we consider that the codes may be being used illegally or fraudulently, that they have been given in error or that they have already expired.
7.1 OSCAR is not a party, in any capacity, to the contractual relationship established between the User and the Service Provider, and the latter therefore acknowledges that it cannot be held liable, in particular 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 which may result for any of the parties.
7.3 We cannot guarantee the permanent or uninterrupted operation of the application, and therefore cannot be held responsible for the impossibility of its use or for any damage or loss that may result:
7.3.1 Difficulties in using the application caused, in particular, by delays, interruptions, errors, interference or suspension of communications, viruses, bugs or malfunctions;
7.3.2 Delays caused by deficiencies or overloads in Internet traffic or other electronic systems;
7.3.3 Illegitimate action by third parties, errors or security deficiencies caused by the use of outdated or insecure equipment or browsers, failures of the electronic communications services used by the User, as well as damages, errors and inaccuracies that may result from their malfunction.
7.4 The User accepts full responsibility for their 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 improper or illegal use of the application.
7.5 The User acknowledges and accepts that OSCAR cannot be held responsible, directly or indirectly, for the use of the application.
7.6 Whenever the application is used through the procedures referred to in the previous clauses, it is assumed that it has been used by the User. The User is responsible for the use of the App, which, even if carried out by third parties, with or without the User's authorization, is presumed to have been carried out by the User for all contractual and legal purposes. If, however, it is proven that the operation was carried out by a third party, it will be presumed that this was consented to or culpably facilitated by the User.
7.7 OSCAR cannot be held responsible for any errors or deficiencies arising from the means of access used by the User.
7.8 The User and OSCAR agree that the computer record or its reproduction on any medium, including paper, constitutes proof of the operations carried out through the procedures set out in these Terms & Conditions.
We reserve the right to exclude from using the App, immediately and without prior notice, any User who:
8.1 Violates or is suspected of having violated any of the provisions of these Terms & Conditions;
8.2 Uses the application using false, inaccurate or incomplete registration data;
8.3 Make fraudulent use of the application;
8.4 Manipulate, modify, delete or suppress data, programs or computer systems associated with the application.
9.1 By installing and using the OSCAR application, the User acknowledges and accepts that the intellectual property rights to all the contents of the OSCAR application 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 application, its rental or sale, is not permitted without prior authorization from OSCAR.
9.3 The distinctive signs of the OSCAR application are protected and may under no circumstances be used by third parties without the prior express authorization of OSCAR.
9.4 The User is absolutely prohibited from any act or attempt to access, modify, reproduce, distribute, sell, license or copy the contents and intellectual property of the OSCAR application, either 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 prior written permission.
This provision applies whenever the User has downloaded the App through Apple's App Store:
10.1 The User acknowledges that the Terms & Conditions bind the User and OSCAR but do not bind Apple, Inc;
10.2 Use of the Application must comply with the Terms & Conditions in effect on the date of the Apple App Store.
10.3 Apple is only a provider of the Apple App Store where you downloaded the App;
10.4 OSCAR is solely responsible for your App;
10.5 Apple shall have no obligation or liability with respect to your use of the App or its Terms & Conditions;
10.6 You acknowledge and agree that Apple is a third party beneficiary of the Terms & Conditions with respect to the OSCAR App.
This provision applies whenever you have downloaded the OSCAR App via the Google Play Store:
11.1 The User acknowledges that the Terms & Conditions bind the User and OSCAR but do not bind Google, Inc;
11.2 Use of the App must comply with the Terms & Conditions in force at the time of the Google Play Store.
11.3 Google is only a provider of the Google Play Store where you downloaded the App;
11.4 OSCAR is solely responsible for your App;
11.5 Google has no obligation or liability whatsoever in relation to your use of the App or its Terms & Conditions;
11.6 You acknowledge and agree that Google is a third party beneficiary of the Terms & Conditions in relation to the OSCAR App.
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: info@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 you the most effective way of resolving the dispute.
13.1 We reserve the right to unilaterally modify the presentation and configuration of the OSCAR application at any time and without prior notice.
13.2 We reserve the right to update these Terms & Conditions from time to time. We therefore suggest that you review this document periodically.
13.3 Changes or updates may be justified by the need to implement new features of the OSCAR application as well as changes to applicable legislation.
13.4 We will use our best efforts to notify Users of changes or updates to these Terms & Conditions.
13.5 In the event that any provision of these Terms & Conditions is deemed unenforceable or unenforceable, this shall not affect the applicability and full force of the remaining provisions.
If you have any questions about these Terms & Conditions or any other document mentioned in them, you can contact us at info@oscar-app.com. Your comments and suggestions are always welcome!
15.1 The OSCAR application, as well as these Terms & Conditions, are subject to the legislation in force in the Portuguese legal system.
15.2 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.
