“Services” means all services made available by Oscar, including but not limited to services accessed through mobile applications, by means of a browser or by other online communication method.
Software and Services are collectively referred to as “Oscar Services”.
You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
OWNERSHIP; NO OTHER LICENSES. Oscar retains all right, title and interest in and to the Oscar Services, including, but not limited to, all copyrights, trademarks, trade secrets, trade names, proprietary rights, patents, titles, computer codes, audiovisual effects, themes, characters, character names, stories, dialog, settings, artwork, sound effects, musical works, and moral rights whether registered or not and all applications thereof. The Oscar Services are protected by applicable laws and treaties throughout the world. Unless expressly authorized by mandatory legislation, the Oscar Services may not be copied, reproduced or distributed in any manner or medium, in whole or in part, without prior written consent from Oscar. All rights not expressly granted to you herein are reserved by Oscar.
Third party services
Oscar Services may include links to third party services and/or the third party services may be made available to you via Oscar Services. These services may include, but are not limited to social media connectivity and the like. These services are subject to respective third party terms and conditions. Please study these third party terms and conditions carefully as they constitute an agreement between you and the applicable third party service provider.
General licence conditions
The Oscar Services may require an internet connection to access the Oscar Services or its internet-based features, authenticate the Software, or perform other functions. In order for certain features of the Oscar Services to operate properly, you may be required to have and maintain (a) an adequate internet connection and/or (b) a valid and active account with an online service as set forth in the documentation related to Oscar Services. By using the Oscar Services, you acknowledge and agree that third party data transfer fees may apply depending on your data plan. Please consult your provider for further information. If you do not maintain such accounts, then the Oscar Services or certain features of the Oscar Services may not operate or may cease to function properly, either in whole or in part.
By installing, accessing or using the Oscar Services, you consent to these information collection and usage terms, including (where applicable) the transfer of data into a country outside of the European Union and/or the European Economic Area or the United States of America.
Payment and purchases
Oscar may license to you certain virtual goods to be used within Oscar Services. Unless otherwise specified, these virtual goods shall be deemed an integral part of the Software. These virtual goods may be licensed both for a fee using “real world money” and without any separate fee, as applicable from time to time. These virtual goods may also be licensed by using third party virtual currency, such as Facebook Credits or by using separate activation codes.
Any and all virtual goods are licensed to you on limited, personal, non-transferable, non-sublicensable and revocable basis and limited only for non-commercial use.
Please note that any payment for licenses for virtual goods or redemption of third party virtual currency is always FINAL AND NON-REFUNDABLE. Also please note that if you purchase Facebook Credits from Facebook, such transaction is governed by the agreement between you and Facebook and Oscar is not a party to the transaction.
Oscar may manage, regulate, control, modify or eliminate virtual goods at any time, with or without notice. Oscar shall have no liability to you or any third party in the event that Oscar exercises any such rights.
Usage and Invoicing
Customer will pay all Fees for the Oscar Services. Oscar will invoice Customer all Fees for the Oscar Services. Oscar's measurement tools will be used to determine Customer’s usage of the Oscar Services. Customer may elect one of the following billing options, or from among other options offered by Oscar, when placing its order for the Oscar Services. Oscar may change its offering of billing options, including by limiting or ceasing to offer any billing option, upon thirty days’ written notice to Customer (which may be by email). Billing options may not be available to all customers. Customer may pay for the Oscar Services using the payment options listed below.
If Customer selects this option, Customer will not be committed to purchase the Oscar Services for a pre-defined term, but will pay for the Services on a monthly basis. Oscar will bill Customer: (i) Fees based upon Customer’s daily usage of the Services during the preceding month; and (ii) monthly in arrears for its use of the Oscar Services. Oscar will provide Customer with the monthly rate for the OscarServices when Customer orders the OscarServices, and will use this rate to calculate the Fees, on a prorated basis, for Customer’s daily usage during that month. Any partial day of OscarServices usages will be rounded up to a full day of OscarServices usage for the purposes of calculating Fees.
Annual Plan (Contract)
If Customer selects this option, Customer will be committed to purchasing the Oscar Services from Oscar for an annual term (or the period defined in the Contract). Oscar will bill Customer according to the terms associated with Customer’s elections on the Order Form.
Payments for invoices are due seven days after the invoice date, unless otherwise specified on the Order Form, and are considered overdue after such date.
Customer’s payment of Fees is overdue if Oscar has not received it by the payment due date. If Customer’s payment is overdue, Oscar may (i) charge interest on the overdue amount at 1.5% per month (or the highest rate permitted by law, if less) from the payment due date until paid in full, and (ii) Suspend or terminate the Oscar Services.
Customer will reimburse Oscar for all reasonable expenses (including attorneys' fees) incurred by Oscar in collecting overdue payments, except where such payments are due to Oscar's billing inaccuracies.
Taxes are not included in the Fees. Customer will pay Taxes for the Oscar Services. If legally required, Customer will withhold Taxes from its payments to Oscar and provide a withholding Tax certificate. Unless Customer provides a timely and valid tax exemption certificate, Customer will pay any invoiced Taxes for the Services. Without limiting Customer’s obligation to pay Fees, Customer will withhold Taxes if legally required.
Oscar may modify its Prices at any time unless otherwise expressly agreed in an addendum or Order Form. Oscar will notify Customer at least 30 days in advance of any Price increases.
Termination of Oscar Service
Agreement Term. This Agreement will remain in effect for the Term unless it expires or is terminated in accordance with the Agreement.
With a Monthly Plan. With a Monthly Plan Customer is not committed to purchase the Oscar Services for a pre-defined term. As a result, there is no renewal event for the Monthly Plan. Rather, Oscar will continue billing Customer fees consistent with Payment Section above.
With an Annual Plan (Contract). At the end of each Order Term, the Services will renew consistent with Customer’s elections on the Order Form.
Customer may alter the number of End User Accounts to be renewed via the Web Dashboard. Customer will continue to pay Oscar the then-current Fees for each renewed End User Account unless Customer and Oscar mutually agree otherwise. If one party does not want the Oscar Services to renew, then it will provide the other party written notice to this effect at least fifteen days before the end of the then current Order Term. This notice of non renewal will be effective upon the conclusion of the then current Order Term.
Termination for Breach
Either party may terminate the Agreement if the other party: (a) is in material breach of the Agreement and fails to cure that breach within thirty days after receipt of written notice; or (b) ceases its business operations or becomes subject to insolvency proceedings and the proceedings are not dismissed within ninety days.
Termination for Inactivity
Oscar reserves the right to terminate the Agreement and the provision of the Services upon 30 days advance notice if, for a period of 60 consecutive days, Customer, including any End Users: (a) has not accessed the Web dashboard or (b) has not used the Oscar Services.
Effects of Termination
If the Agreement terminates or expires, then all Order Forms also terminate or expire, as applicable. If the Agreement terminates or expires, then: (a) all rights and access to the Oscar Services under the Agreement will terminate (including access to Customer Data); and (b) Oscar will send Customer a final invoice.
Warranty for Physical software Products
Oscar warrants to you (if you are the initial and original purchaser of the Software) that, to the extent the Software is made available to you on a physical storage medium, the original storage medium holding the Software is free from defects in material and workmanship under normal use and service for 90 days from the date of purchase. If mandatory legislation in your jurisdiction requires longer in excess to the aforementioned 90 days, the length of the warranty is amended accordingly. If for any reason you find a defect in the physical storage medium during the warranty period, Oscar agrees to replace, free of charge, any physical storage medium and related Software discovered to be defective within the warranty period as long as the Software is currently commercially distributed by Oscar. If the Software is no longer available, Oscar retains the right to substitute a similar piece of Software of equal or greater value. This warranty is limited to the physical storage medium and the Software as originally provided by Oscar and is not applicable to normal wear and tear. This warranty shall not be applicable and shall be void if the defect has arisen through abuse, mistreatment, or neglect. Any implied warranties prescribed by statute are expressly limited to the warranty period described above.
When returning the Software subject to the limited warranty above, please send the original Software only to the Oscar address specified below and include: your name and return address; a photocopy of your dated sales receipt; and a brief note describing the defect and the system on which you are running the Software.
No other Warranties
NOTWITHSTANDING THE ABOVEMENTIONED WARRANTY FOR PHYSICAL STORAGE MEDIUM SPECIFIED IN SECTION ABOVE, AND TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE OSCAR SERVICES ARE PROVIDED TO YOU “AS IS,” WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, WITHOUT PERFORMANCE ASSURANCES OR GUARANTEES OF ANY KIND, AND YOUR USE IS AT YOUR SOLE RISK. THE ENTIRE RISK OF SATISFACTORY QUALITY AND PERFORMANCE RESIDES WITH YOU. OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF CONDITION, UNINTERRUPTED USE, ACCURACY OF DATA (INCLUDING BUT NOT LIMITED TO LOCATION DATA), MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND WARRANTIES (IF ANY) ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SOFTWARE; THAT THE OSCAR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OPERATION OF THE OSCAR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THE OSCAR SERVICES WILL INTEROPERATE OR BE COMPATIBLE WITH ANY OTHER OSCAR SERVICES OR THAT ANY ERRORS IN THE OSCAR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN ADVICE PROVIDED BY OSCAR, OSCAR’S LICENSORS AND CHANNEL PARTNERS OR ANY AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS APPLY ONLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Limitation of liability
IN NO EVENT SHALL OSCAR’S, OSCAR’S AFFILIATES’, OSCAR’S LICENSORS’ OR CHANNEL PARTNERS’ LIABILITY FOR ALL DAMAGES (EXCEPT AS REQUIRED BY APPLICABLE LAW) EXCEED THE ACTUAL PRICE PAID BY YOU FOR USE OF THE OSCAR SERVICES OR SIX EUROS (EUR 6,-), WHICHEVER LESS.
Other terms and conditions
IF YOU HAVE ANY QUESTIONS CONCERNING THIS AGREEMENT, YOU MAY CONTACT SUPPORT@OSCARSENIOR.COM.
Last revised: March 24, 2020.