These terms and conditions cover the rights and responsibilities between you, as a UK user, and We Are Oscar Services, a company incorporated in the United Kingdom under registration number xxxxxxx. ("Serviclean", "we" or "us") in respect of any services of selected third-party service providers (the "Professionals") offered for booking via our website www.serviclean.co.uk (the "Website").
Please read them carefully before you make a booking via the Serviclean Platform, as they will apply to your booking. By making a booking via the Serviclean Platform, you confirm that you accept these terms and conditions, and that you agree to comply with them. If there is anything you do not agree with, please do not make a booking. If there is anything you do not understand, please contact us at info@serviclean.co.uk.
These Booking Terms and Conditions include your agreement that:
- Any services ordered via the Serviclean Platform are performed by the Professionals, under a separate contract with those Professionals;
- We are not responsible for the performance of services by those Professionals except that in some cases, we may provide a refund for, or rearrange those services. You can find out more at Clause 7;
- We are responsible for loss or damage you suffer as a result of our negligence or breach of our obligations to you under these Booking Terms and Conditions up to certain limits which depend on the obligation breached or in relation to which we have been negligent, and provided that the loss or damage is foreseeable. You can find these limits at Clause 5.
- We are not responsible for loss of income, revenue, business, profits, anticipated savings, data or waste of management or office time.
- We may amend these Booking Terms and Conditions from time to time, and the Booking Terms and Conditions in force at the time an Order is made will apply to that Order;
- Nothing in these Booking Terms and Conditions affects your legal rights as a consumer, or excludes or limits our liability if you suffer personal injury or death as a result of our negligence, or if you suffer loss or damage as a result of our fraud or fraudulent misrepresentation.
1. Summary
This is a summary of our key booking terms and conditions. This should not be a substitute for reading the full version below.
a. The services you can book via the Oscar Services Platform are sold by our Professionals and not us. We are only responsible for arranging your booking, and dealing with payment.
b. We are not responsible or liable for the services you receive from our Professionals, but let us know if you encounter a problem or the service you receive falls short of your expectation and we'll do our best to help out. Find out more at Clause 7.
c. Please check all details and any restrictions relating to a service thoroughly before booking.
d. If you want to cancel a booking, please read Clause 4.
e. If you want to contact us, please contact us on info@oscarservices.co.uk.
2. Introduction
a. The Oscar Services Platform allows you to book and pay for a broad range of handyman, plumbing, electrical and cleaning services from our Professionals ("Services"). The Services are provided by our Professionals, and not by us.
b. When you make a booking, you create two legal contracts:
(i) A contract with us, under which we have certain responsibilities to you in relation to the booking and payment process. That contract is made on these Booking Terms and Conditions.
We are responsible for taking your bookings and passing those on to the relevant Professionals, and for dealing with payments made by you in relation to those bookings.
(ii) A contract between the relevant Professional in respect of the provision of the Services which you book via the Oscar Services Platform. That contract may include terms which are notified to you prior to your making a booking on the Oscar Services Platform.
The Services which you book via the Oscar Services Platform are the responsibility of the Professional which provides them. We act as booking agent for Professionals, therefore we are not responsible or liable to you for the actual Services that are booked through the Oscar Services Platform.
b. Because these two contracts are separate, please do not rely on any promises or claims written or verbally made by a Professional to the extent that they purport to bind us to any additional or supplementary terms.
c. We may amend these Booking Terms and Conditions from time to time. You should check these Booking Terms and Conditions each time you wish to make a booking via the Oscar Services Platform, to make sure that you understand the terms which will apply at that time.
d. We and our Professionals are under a legal duty to provide the Services in conformity with the relevant contract. All Services shown on the Oscar Services Platform are subject to availability and the images and/or descriptions of the Services on the Oscar Services Platform are for illustrative purposes only – actual Services may vary from those images and/or descriptions, but we ask our Professionals to ensure that they provide the Services in accordance with those descriptions. It is each Professional's responsibility to ensure that he or she provides the Services in accordance with those descriptions.
e. We advise that you exercise caution and common sense to protect your personal safety and property, as you would when interacting with any person whom you do not know. We have undertaken the Basic Disclosure via Disclosure Scotland, an identity check based on identifying documents, and a check for adverse financial history such as bankruptcies.
2. How to make a booking
a. You may only make a booking if you are aged over the age of legal majority in your jurisdiction. We may ask you to provide us with valid proof of identity in a form reasonably acceptable to us upon request.
b. You may only make a booking for your personal use, or for the use of a person, including a company or other organisation which you are authorised to represent. Likewise, you may only book Services with respect to a location where you are legally authorised to have services such as the Services performed.
c. You can select which Services you require, at what location, for how many hours and the time for those Services to be provided via the Oscar Services Platform. On selection of the relevant details, we will notify you of the cost of the Services based on those details. If you would like to go ahead, you may then submit the order ("Order") to confirm your request.
d. When you submit your order for Services, we will send you an email acknowledging receipt of that booking ("Order Confirmation"). The Order is subject to such confirmation, and the contract between you and the Professional will be formed only when you are sent the Order Confirmation.
e. If you order a Service to repeat on a regular basis ("Recurrent Service"), for example, where you book a household cleaning to be performed every two weeks, we will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency you have requested. We cannot guarantee that the same Professional will attend each Recurrent Service appointment.
f. You must treat Professionals courteously and lawfully, and ensure that the location in which they will be providing the Services is safe and appropriate working environment for the Professional, in compliance with all applicable laws and regulations.
g. If you are a consumer, you have legal rights in relation to Services that are faulty or not as described. Advice about your legal rights is available from your local Citizen's Advice Bureau or Trading Standards office. Nothing in these Booking Terms and Conditions will affect these legal rights.
3. Payment
a. The price of a Service will be as quoted on the Oscar Services Platform from time to time. Prices are subject to change at any time, in which case the Oscar Services Platform will be updated accordingly, but any such changes will not affect Orders in respect of which you have already been sent an Order Confirmation prior to the date the change is published on the Oscar Services Platform.
b. Prices are based on the specified hourly rate, which depends on factors such as location and how often the Service will recur (if at all). The same Service may cost more in a different location, or if the Service is ordered less frequently. There is a 2 hour minimum applicable to orders for some Services. If you have booked unused time, contact us as soon as possible.
c. Prices include VAT where applicable unless it is stated otherwise on the relevant page in relation to the relevant Services on the Oscar Services Platform.
d. Any currency conversion costs or other charges incurred in making a payment will be borne by you in addition to the price due to us.
e. Payment for all Services must be made at the time of submitting your Order in pounds sterling by credit or debit card, using our online payment facility. You will be responsible for protecting the confidentiality of your username and any password or other security information used by you to access this payment facility and/or the Oscar Services Platform.
f. We take reasonable care to provide a functioning payment facility at all times, but cannot guarantee continuous, uninterrupted or secure access to such payment facility, nor can we guarantee that the facility is virus or error free. We also try to ensure that your payments are processed promptly, but it is often difficult to predict the amount of time needed to complete processing because it is dependent on many factors outside our control, such as delays in the banking system or in card networks. Access to our payment facility may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to provide reasonable notice of any scheduled interruptions and will do what we can to restore the facility as soon as reasonably possible.
4. Cancelling a booking
a. In addition to your other legal rights as a consumer, you have the right to cancel an Order and receive a refund in accordance with the terms in this Clause 4.
b. If you wish to change the details of, or cancel, the Service you have ordered after you have received the Order Confirmation, please contact us immediately by email on info@oscarservices.co.uk
c. If you cancel the Order (in whole or in part):
(i) Where the Services are due to take place within 24 hours, provided that the Services are not due to take place within 2 hours, we will require payment of the sum of £24 by way of an agreed cancellation fee.
(ii) Where the Services are due to take place more than 24 hours in advance, you can get a refund of the applicable amount via the original method of payment.
d. Please note that no refund or credit note will be given where a cancellation is attempted when the Services are due to take place within 2 hours of the request to cancel.
e. If the Professional requests to change the details of, or cancel, the Services you have ordered after you have received the Order Confirmation, we will seek to allocate another Professional to perform those Services for you in accordance with the original Order. However, we cannot guarantee that this will be possible in every case.
5. Liability
The Services which you book via the Oscar Services Platform are the responsibility of the Professional who provides them. We are not responsible or liable to you for the actual Services provided by the Professional that are booked through the Oscar Services Platform to the fullest extent permissible by law.
a. Under these Booking Terms and Conditions, we have certain obligations to you. These responsibilities are set out below.
Where we have been negligent and/or breached those obligations to you, we will be responsible for any loss or damage you suffer as a result, as long as the loss and/or damage is reasonably foreseeable. Loss or damage is reasonably foreseeable if it is an obvious consequence of our negligence or breach of contract, or would have been considered by you and us to be a likely consequence of it at the time you received the Order Confirmation.
(i) We are responsible for taking your bookings and passing those on to the relevant Professionals. Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your booking after you have received your Order Confirmation, we will be liable for any reasonably foreseeable loss or damage you suffer as a result, up to a maximum amount of 125% of the fees you have paid under the applicable Order.
(ii) We are also responsible for dealing with payments made by you in relation to your bookings. Where we have been negligent and/or breached this obligation to you, for example if we have failed to pass on your payment to the relevant Professional, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 100% of the fees you have paid under the applicable Order.
(iii) We are responsible for requiring our Professionals to agree by contract that they have appropriate professional insurance and ensuring that they have passed a Basic Disclosure check from Disclosure Scotland (for more information, seehttp://www.disclosurescotland.co.uk/disclosureinformation/index.htm), an identity check based on identifying documents, a check for adverse financial history such as bankruptcies. Where we have been negligent and/or breached this obligation to you, we will be liable for any loss or damage you suffer as a result, up to a maximum amount of 125% of the fees you have paid under the applicable Order.
b. Our liability won't include any losses relating to your business, even if those losses are reasonably foreseeable. These types of losses include (for example) loss of income or revenue; loss of business; loss of profits; loss of anticipated savings; loss of data; or waste of management or office time.
c. We do not exclude or limit our liability:
- if we are negligent and that negligence causes death or personal injury;
- for fraud or fraudulent misrepresentation
- for any liability which cannot be excluded or limited under applicable law.
6. Our right to vary these Booking Terms and Conditions
a. We may revise these Booking Terms and Conditions from time to time in the following circumstances:
(i) If we change the process for accepting payment from you;
(ii) If there are changes in relevant laws and regulatory requirements;
(iii) If there are any other changes to our business that reasonably means we need to amend these Booking Terms and Conditions.
b. Every time you make an Order via the Oscar Services Platform, the Booking Terms and Conditions in force at that time will apply to the Order between you and us.
c. Whenever we revise these Booking Terms and Conditions in accordance with this Clause 6, we will keep you informed and give you notice of this by stating that these Booking Terms and Conditions have been amended and the relevant date at the top of this page.
7. Resolving Issues
a. If you would like to make a complaint or provide any feedback about one of our Professionals or their Services, please contact us through our email on info@oscarservices.co.uk as soon as possible. We'll then contact the Professional and try to resolve any issues on your behalf.
b. If we're unable to resolve the issue following contact with the Professional, you may choose whether you would like us to:
(i) Give you a refund for the disputed/complained about amount of your Order
(ii) Give you a credit note for the disputed/complained about amount of your Order
(iii) Arrange for the re-performance of the disputed/complained about Services, at no additional cost to you.
c. Further or alternatively, if you are unhappy with the Services received from a Professional pursuant to an Order, you can also speak to the Professional yourself to try to resolve the issue.
8. General
a. All communications and notices from you must be sent to us at info@oscarservices.co.uk. We may communicate and give notice to you via post or email.
b. Please note our customer support hours in the United Kingdom are: 9am-5pm.
c. If any of these Booking Terms and Conditions are determined by a competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
d. These Booking Terms and conditions are governed by English law.
e. We will try and solve any disagreements between us in relation to these Booking Terms and Conditions quickly and efficiently. If you are not happy with the way we deal with any such disagreement and you want to take court proceedings, you must do this in the United Kingdom.