Conditions of use
Please read these terms and conditions carefully before using our service.
Interpretation and definitions
Interpretation
Words whose initial letter is capitalized have meanings defined under the following conditions. The following definitions have the same meaning whether they appear in the singular or the plural.
Definitions
For the purposes of these terms and conditions:
Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity or other securities entitled to vote for the election of directors or another managing authority.
Account means a unique account created for you to access our Service or parts of our Service.
Content refers to content such as text, images or other information that may be posted, uploaded, linked or made available by you, regardless of the form of such content.
Device means any device that can access the Service such as a computer, mobile phone or digital tablet.
Feedback means comments, innovations, or suggestions you submit regarding the attributes, performance, or functionality of our Service.
Free trial refers to a limited period that can be free when purchasing a subscription.
Goods means items offered for sale on the Service.
Orders mean a request by you to purchase Goods from us.
The service refers to the website.
Subscriptions refer to the services or access to the Service offered to you on a subscription basis by the Company.
Terms and Conditions (also referred to as “Terms”) means these Terms and Conditions which form the entire agreement between You and the Company regarding the use of the Service.
Third Party Social Media Service means any service or content (including data, information, products or services) provided by a third party that may be displayed, included or made available through the Service.
Website refers to Oscar Is There, accessible from www.oscarestla.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Recognition
These are the terms and conditions governing the use of this service and the agreement that operates between you and the company. These Terms and Conditions define the rights and obligations of all users regarding the use of the Service.
Your access to and use of the service is conditioned on your acceptance of and compliance with these terms and conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you disagree with any part of these Terms and Conditions, you may not access the Service.
You declare that you are over 18 years old. The Company does not allow anyone under the age of 18 to use the Service.
Your access to and use of the Service is also conditioned upon your acceptance of and compliance with the Company's Privacy Policy. Our Privacy Policy describes our policies and procedures on the collection, use and disclosure of your personal information when you use the App or Website and tells you about your privacy rights and how the law protected. Please read our privacy policy carefully before using our service.
Placing orders for goods
By placing an order for Goods through the Service, you warrant that you are legally capable of entering into binding contracts.
Your information
If You wish to place an Order for Goods available on the Service, You may be asked to provide certain information relevant to Your Order, including, without limitation, Your name, Your email address, Your telephone number, Your card number credit card, expiration date of Your credit card, billing address and shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card or other means(s) of payment in connection with any Order; and that (ii) the information you provide to us is true, correct and complete.
By submitting this information, you grant us the right to provide the information to third party payment processors in order to facilitate the fulfillment of your order.
Order cancellation
We reserve the right to refuse or cancel your order at any time for certain reasons, including but not limited to:
- Availability of goods
- Errors in description or pricing of goods
- Errors in your order
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Your Order Cancellation Rights
Goods you purchase can only be returned in accordance with these terms and conditions and our return policy.
Our Returns Policy forms part of these Terms and Conditions. Please read our return policy to learn more about your right to cancel your order.
Your right to cancel an order only applies to goods which are returned in the same condition as you received them. You must also include all instructions, documents and packaging on the products. Goods which are damaged or not in the same condition as you received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the goods purchased while they are in your possession.
We will refund you no later than 14 days from the day we receive the returned goods. We'll use the same payment method you used for the order, and you won't have to pay any fees for this refund.
You shall have no right to cancel an order for the supply of any of the following goods:
- The supply of Goods made to your specification or clearly personalized.
- The supply of Goods which, by their nature, are not suitable for return, deteriorate rapidly or have passed their expiry date.
- The supply of Goods which cannot be returned for reasons of health protection or hygiene and which have been unsealed after delivery.
- The supply of Goods which, after delivery, according to their nature, are inseparably mixed with other articles.
- The supply of digital content which is not supplied on a tangible medium if the performance has begun with your prior express consent and you have acknowledged your loss of right of withdrawal.
Availability, errors and inaccuracies
We are constantly updating our merchandise offerings on the Service. Goods available on our Service may be mispriced, inaccurately described or unavailable, and we may experience delays in updating information about our Goods on the Service and in our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without notice.
Pricing Policy
The Company reserves the right to revise its prices at any time before accepting an Order.
The prices quoted may be revised by the Company after acceptance of an Order in the event of an event affecting delivery caused by government action, variation in customs duties, increase in shipping costs, higher foreign exchange costs and any other matters beyond the Company's control. In this case, you will have the right to cancel your order.
Payments
All goods purchased are subject to one-time payment. Payment can be made through various payment methods available to us, such as Visa, MasterCard, Affinity Card, American Express cards or online payment methods (eg PayPal).
Payment cards (credit or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, we will not be responsible for any delay or non-delivery of your order.
Subscriptions
Subscription period
The Service or parts of the Service are only available with a paid subscription. You will be billed in advance on a recurring and periodic basis (for example, daily, weekly, monthly, or annually), depending on the type of subscription plan you select when purchasing the service. 'subscription.
At the end of each period, your subscription will automatically renew under the same conditions, unless you cancel it or the company cancels it.Subscription cancellations
You can cancel your subscription renewal through your account settings page or by contacting the company. You will not receive a refund of any fees you have already paid for your current subscription period and you will be able to access the service until the end of your current subscription period.
Billing
You must provide Company with accurate and complete billing information, including full name, address, state, zip code, phone number, and valid payment method information.
If automatic invoicing fails for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain time, with full payment corresponding to the invoice period indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may change the subscription fees. Any changes to the subscription fees will become effective at the end of the then-current subscription term. The Company will provide you with reasonable notice of any change in subscription fees in order to give you the opportunity to terminate your subscription before such change becomes effective.
Your continued use of the Service after the changed subscription fee becomes effective constitutes your agreement to pay the modified subscription fee amount.
Refunds
Except where required by law, subscription fees paid are non-refundable.
Certain Subscription refund requests may be considered by the Company on a case-by-case basis and granted at the Company's sole discretion.Free Trial
The Company may, at its sole discretion, offer a subscription with a free trial for a limited period.
You may need to enter your billing information in order to sign up for the free trial.
If you enter your billing information when signing up for a free trial, the company will not charge you until the free trial expires. On the last day of the free trial period, unless you cancel your subscription, you will automatically be charged the applicable subscription fee for the type of subscription you selected.
At any time and without notice, the Company reserves the right to (i) modify the terms and conditions of the free trial offer, or (ii) cancel this free trial offer.
User accounts
When you create an account with us, you must provide us with accurate, complete and up-to-date information at all times. Failure to do so constitutes a breach of the Terms, which may result in the immediate termination of your account on our service.
You are responsible for protecting the password you use to access the Service and any activity or action under your password, whether your password is with our Service or a third-party social media service.< /p>
You agree not to disclose your password to third parties. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or which is not legally available for use, a name or mark which is subject to the rights of another person or entity other than you without proper authorization, or a name that is otherwise offensive, vulgar, or obscene.
Contents
Your right to post content
Our service allows you to post content. You are responsible for the content you post on the service, including its legality, reliability and appropriateness.
By posting content to the service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce and distribute such content on and through the service. You retain all of your rights to any Content that you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content belongs to you (you own it) or you have the right to use it and grant us the rights and license provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Company is not responsible for the content of users of the Service. You expressly understand and agree that you are solely responsible for the content and any activity that occurs under your account, whether performed by you or by any third party using your account.
You may not transmit any content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable content include, but are not limited to, the following:
Illegal or encourages illegal activity.
Defamatory, discriminatory, or mean-spirited content, including references or comments about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
Spam, machine- or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
Contain or install any viruses, worms, malware, Trojan horses or any other content designed or intended to disrupt, damage or limit the operation of any software, hardware or telecommunications equipment or to damage or harm 'obtain unauthorized access to data or other information from a third party.
Violation of any party's proprietary rights, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
Impersonate any person or entity, including the Company and its employees or representatives.
Violation of the privacy of any third party.
False information and features.
The Company reserves the right, but not the obligation, to, in its sole discretion, determine whether any Content is appropriate and complies with these Terms, refuse or remove such Content. The Company further reserves the right to format and edit and modify the manner in which any content. The Company may also limit or revoke the use of the Service if you post such objectionable content. Since the Company cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the service, you may be exposed to content that you may find offensive, indecent, incorrect or objectionable, and you agree that under no circumstances will the company be liable in any way for any content , including any errors or omissions in any content, or any loss or damage of any kind arising from your use of any content.
Content backups
Although regular backups of the Content are made, the Company does not guarantee that there will be no loss or corruption of data.
Corrupted or invalid savepoints can be caused, without limitation, by content that is corrupted before being saved or that changes during the time a save is performed.
The Company will provide support and attempt to resolve known or discovered issues that may affect backups of Content. But you acknowledge that the company has no liability related to the integrity of the content or the inability to successfully restore the content to a usable state.
You agree to maintain a complete and accurate copy of all Content in a location independent of the Service.
Copyright Policy
Intellectual property infringement
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes any copyright or other intellectual property violation of any person.
If you are the copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that occurs through the Service, You must submit Your notice in writing to the attention of Our Copyright Agent by email at [email protected] and include in Your notice a detailed description of the copyright infringement. 'alleged offence./
You may be liable for damages (including costs and attorneys' fees) for falsely stating that any content infringes your copyright.
DMCA Notice and DMCA Procedure for Claims of Copyright Infringement
You may submit a notice pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further details):< /p>
An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
A description of the copyrighted work that you claim has been infringed, including the URL (i.e. web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material you claim is infringing is located.
Your address, telephone number and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf .
You may contact our Copyright Agent by email at [email protected]. Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the disputed content from the Service.
Intellectual Property
The Service and its original content (excluding Content provided by You or other users), features and functionality are and shall remain the exclusive property of the Company and its licensors.
The Service is protected by copyright, trademark and other laws of the country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
Your feedback to us
You assign all right, title and interest in and to any Feedback you provide to Company. If for any reason such assignment is ineffective, you agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute , modify and exploit these Comments without restriction.
Links to other websites
Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party website or service. You further acknowledge and agree that the Company shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through through such websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services you visit.
Termination
We may terminate or suspend your account immediately, without notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms and Conditions.
Upon termination, your right to use the Service will cease immediately. If you wish to terminate your account, you can simply stop using the service.
Disclaimer
Notwithstanding any damages you may suffer, the entire liability of the Company and any of its Suppliers under any provision of these Terms and your exclusive remedy for any of the foregoing shall be limited to the amount actually paid by you through the Service or 100 USD if you did not purchase anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited thereto, damages for loss of profits, loss of data or other information, business interruption, personal injury, loss of privacy arising out of or in any way related to the use or the inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise under any provision of these Terms), even if the Company or any provider has been notified of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states do not allow the exclusion of implied warranties or the limitation of liability for incidental or consequential damages, so some of the above limitations may not apply. In such states, each party's liability shall be limited to the greatest extent permitted by law.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted by applicable law, the Company, on its own behalf and on behalf of its affiliates and its respective licensors and service providers, expressly disclaims all warranties, express, implied, statutory or otherwise, with respect to with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties which may arise from dealing, course of performance, use or business practices. Without limiting the foregoing, the Company makes no warranty or commitment, and makes no representation of any kind that the Service will meet your requirements, achieve the expected results, be compatible or work with any other software, application , system, or service, will operate without interruption, meet any standard of performance or reliability, or be error-free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of its suppliers make any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, materials or products included therein; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability or timeliness of any information or content provided through the Service; or (iv) that the Service, its servers, content or emails sent by or on behalf of the Company are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You . But in such event, the exclusions and limitations set forth in this section will be enforced to the maximum extent possible under applicable law.
Applicable law
The laws of the country, excluding its conflict of laws rules, will govern these Terms and your use of the Service. Your use of the Application may also be subject to other local, state, national or international laws.
Dispute Resolution
If you have any concerns or disputes regarding the Service, you agree to first try to resolve the dispute informally by contacting the Company.
For Users in the European Union (EU)
If you are a European Union consumer, you will benefit from all mandatory provisions of the law of the country in which you reside.
U.S. Federal Government End Use Provisions
If you are a U.S. Federal Government End User, our Service is a “Commercial Item” as that term is defined at 48 C.F.R. §2.101.
US Legal Compliance
You represent and warrant that (i) you are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "supporting country" terrorism”, and (ii) you are not listed on any United States government list of prohibited or restricted parties.
Severability and Waiver
Divisibility
If any provision of these Terms is held to be unenforceable or invalid, that provision will be modified and construed to achieve the purposes of that provision to the extent possible under applicable law and the remaining provisions will remain in full force and effect.
Waiver
Except as provided herein, failure to exercise any right or require performance of any obligation under these Terms shall not affect a party's ability to exercise such right or to require such performance at any time thereafter, and waiver of breach shall not constitute waiver. of any subsequent violation.
Translation Interpretation
These terms and conditions may have been translated if we have made them available to you on our service. You agree that the original English text will prevail in the event of a dispute.
Changes to these terms and conditions
We reserve the right, at our sole discretion, to modify or replace these terms at any time. If a revision is material, we will use reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Website and the Service.
Contact us
If you have any questions about these Terms and Conditions, you can contact us:
By visiting this page on our website: www.oscarestla.com