TERMS AND CONDITIONS FOR Users

TERMS AND CONDITIONS FOR Users

Cosmoov provides technology services that enable Users and Drivers/Riders to communicate and arrange deliveries. Cosmoov is not a courier, logistics, or transportation service provider and has no responsibility for the performance, quality, safety, timing, or outcome of any delivery.

The Company provides technology-based services for (i) facilitating on-demand transportation services, (ii) users to pick up and drop off packages from one location to the other through the Cosmoover (defined hereinafter) and (iii) Connect the users with merchants/stores and get them delivered to them by the Cosmoover (collectively “Services“) between Cosmoover and commuters by means of the Company’s website and the mobile application “Cosmoov” (“User App”). The Services are provided by means of Bi-cycle, two-wheelers and Cars (“Vehicle“) offered by third party vehicle operators or riders (“Cosmoover“) who wish to offer such Services through the Vehicles.

Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform.

1.SERVICES

The Platform provides the following services (“Services”) to You:

1.It allows you to pick up and drop off packages from one location to the other through the Rider/Drivers (“Courier/Package Services”).

2.GENERAL TERMS OF USE

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to obtain an account.
The Service is not available for use by persons under the age of 18 years. You shall not authorize third parties to use your account. You shall not allow persons under the age of 18 years to receive transportation or logistics services from the Rider/Driver.
If the Company becomes aware or, it acquires credible knowledge that You have misled us regarding your age, then the Company reserves its rights to deactivate the account and You will not be liable to raise any claims including any insurance from the Company.
The Company shall take your booking request and forward it to the Rider/Drivers through an app-based device operating on GPS-GPRS based device available with the Rider/Driver.
The Company may monitor, and record calls made to the Rider/Driver, for the purpose of training and improving customer care services, including complaint.
The Rider/Driver shall have the sole discretion to accept or reject each request for the Service.
If the Rider/Driver accepts the booking request made by the Company, a notification will be sent you with the information regarding the Rider/Driver including its name, contact number etc.
The Company shall make reasonable efforts to bring you in contact with the Rider/Driver in order to obtain the Service subject to availability of the Rider/Driver in or around your location at the time of your booking request made to the Company.
For the avoidance of doubt, it is clarified that the Company itself does not provide the Services. It is the Rider/Driver who shall render the Services to you.
Even after acceptance of booking, the Rider/Driver may not reach your pick up location or decide not to render his services. in which event the Company shall not be held liable.
You warrant that the information you provide to the Company is accurate and complete. The Company is always entitled to verify the information that you have provided. You may only access the Services using authorized means.
The Company shall not be liable if you do not download the correct Platform or visit the appropriate web portal.
The Company reserves the right to discontinue or introduce any of the modes of booking and/or for providing Package Services.
You will refrain from doing anything which we reasonably believe to be disreputable or capable of damaging our reputation and will comply with all applicable laws of the United Kingdom.
You will treat the Rider/Driver with respect and engage in any unlawful, threatening, harassing, abusive behaviour or activity.
You agree that You shall not request Package Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Use.
You also agree that you shall not request for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
The Company does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Rider/Driver, and therefore the Company shall have no liability with respect to the same. However, if it comes to the knowledge of the Company that You have packaged any illegal or dangerous substance or availed the Package Services using the Platform to deliver any illegal or dangerous substance, the Company shall have the right to report You to the government authorities and take other appropriate legal actions against You.
You agree that before requesting a Package Service, you are well aware of the contents of the package sent or requested by You through registered Rider/Driver, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).
You also agree that, upon becoming aware of the commission any offence by You or Your intention to commit any offence upon initiating a Package Service or during a Package Service of any Item(s) restricted under applicable law, the Rider/Driver may report such information to Company or to the law enforcement authorities.
You agree that you will be solely responsible for the packages handed over to the Rider/Driver and shall be prudent not to handover expensive items to the Rider/Driver. You will be solely responsible for any loss or damage to the goods, in case of any theft or any other incidents to the packages by the Rider/Driver.
By using the Platform of the Company, you further agree that:

You will download the Application for your sole, personal use and will not resell it to a third party.
You will not authorize others to use your account.
You will not assign or otherwise transfer your account to any other person or legal entity.
You will not use the Application for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes.
You will not use the Application to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Application in any way whatsoever.
You will not copy, or distribute the Application or other Company Content without written permission from the Company.
You will keep secure and confidential your account password or any identification which the Company may provide you which allows access to the Application.
You will provide the Company with whatever proof of identity we may request.
You will not use the Application with an incompatible or unauthorized device.
If within 24 hours a user creates more than one account on the same device, Cosmoov has the right to terminate his/her account.

23.The Company reserves the right to immediately terminate your use of the Application should you not comply with any of the rules provided in the Terms of Use.

3.DISCLAIMER

IMPORTANT! Please Note: We are a software company aiming to provide seamless courier services across different locations in the world. All carriers are self-employed and are sole operators of their vehicles. Therefore, all responsibilities of logistics and transports are committed to them and are covered by their insurance policies. We provide information and enable you to book those courier services through our application, but we do not provide courier services ourselves or act in any way as a courier. Therefore, we have no responsibility for anything that is done, or not done, by drivers unless expressly set out in these Terms.

4.Changes

We may occasionally make changes to the Service, these Terms, or our Privacy Notice. If we do, we’ll notify you. By continuing to use the Service after we notify you, you’re expressing acceptance of any changes.

5.NETWORK ACCESS AND DEVICES.

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Uber does not guarantee that the Services, or any portion thereof, will function on any hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

Cosmoov is not responsible for app downtime or connectivity issues
Cosmoov is not responsible for lost business due to app issues
Cosmoov may suspend accounts for fraud

Payments:

When you request a booking for a Pickup service via the Application, your payment instruction will be processed by our third-party payment service provider whose terms of service and privacy policy will apply to that processing. Payment processing services for customers on Cosmoov are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to terms and conditions or continuing to operate as a customer on Cosmoov, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Cosmoov enabling payment processing services through Stripe, you agree to provide Cosmoov accurate and complete information about you and your business, and you authorize Cosmoov to share it and transaction information related to your use of the payment processing services provided by Stripe.

We accept payment by debit or credit cards from Visa, MasterCard or American Express. We do not accept payment by pre-paid cards, cheques, or cash. Therefore, please do not hand over any cash or equivalent currency to the carriers.

Most of your payment is for the benefit of the relevant carrier, and Cosmoov only takes a small commission to cover the service we provide for facilitating your booking.

The amount you will pay for your service will comprise: (a) the base rate per package type (b) rate per distance (miles), (c) an additional fee for two way (return trips) and (d) additional fee charged based on time for pause (halting) during trip.

6.Promotions

We may, from time to time, provide you with a promotional code which can be used on an order placed with us. You may only use one promotional code on each order placed with us.

A promotional code is only valid for one use. You may not register multiple accounts with us to use the promotional code more than once. If we discover that you have done this, we will charge you the full value of all orders placed by you for which the promotional code was not valid.

The promotional codes provided are based on complimentary trips or certain discounted rates rather than giving monetary credit to the users account.

Additional terms and conditions may apply to the use of promotional codes. We will let you know what these are when we provide you with the promotional code.

7.Notifications:

When you have submitted your booking request, you will be notified when a Rider/Driver has been allocated and at other key stages as they carry out your request. Make sure you enable the notifications on your device

8.Cancellation Rights:

You have the right to cancel your request whenever you require it unless the Rider/Driver has arrived at the pickup point. Cancellation Fees will be notified if occurred. See Schedule 8 for more information about cancellation fees.

9.Cancellation Fees:

A cancellation fee will not be charged if the order is cancelled by the user unless whilst the Rider/Driver has arrived at the pickup point. In this case, a 50% cancellation fee will be charged.

A delay fee of £0.5 per minute will be charged for every minute after a 10-minute waiting period by the Rider/Driver at the pickup and drop-off locations.

If Cosmoover is at the pickup and there is no package or if the user refuses to provide a parcel, a pickup cancellation fee of 75% of the order rate will be charged.

If the user provides a parcel that exceeds the Size and Dimension regulations, a 75% cancellation fee will be charged.

Fees are automatically taken from the payment details within the account.

10.Our Cancellation Rights:

We may cancel your order where the Rider/Driver is unable to collect the Collected Items from the pickup location. If we have to cancel your order in such circumstances, we will notify you and refund you any amounts charged to your payment card in respect of such order.

11.Delivery Address:

It is the users (“You”) responsibility to provide us with the exact pickup and delivery address in the specific ‘Address Form’ designated in the application. The user (“You”) must make sure the post code, lane, flat, and floor details are clearly provided if they (“You”) expect a precise service.

12.Packaging:

All parcels, letters and other packages must be suitably packaged by the (“sender”). The packaging must be safe, durable and comply with our dimensions (check in the app). For valuable goods, it is best for it to be covered well.
Sealed packaging has been designed for use in documentation delivery such as passports and bank cards. The sealed bag will be provided upon pickup and the recipient must place the document in the designated bag and seal it. Subject to availability of Rider/Driver.
Cosmoov does not check packages
Cosmoov is not responsible for dangerous or illegal items
Cosmoov has no liability for safe-drop deliveries
Users are responsible for providing correct addresses

13.REQUIRED CYBER + PLATFORM RISK DISCLAIMERS

Platform Downtime

“Cosmoov is not liable for any loss resulting from system downtime, app errors, connectivity issues, or technical failures.”

Data Breach Limitation

“While Cosmoov takes reasonable measures to protect data, no system is completely secure. Cosmoov is not liable for damages arising from unauthorized access, cyber events, or security breaches beyond its reasonable control.”

Fraud / Account Misuse

“Cosmoov may suspend or terminate accounts suspected of fraud, misuse, or breach of policy.”

14.If You Are Unavailable:

The recipient must be available to receive the package at the delivery location. If a package is not delivered, the driver would initially contact the recipient to ask if they allow a delivery to the neighbour or secure drop off area or else, they will return the package to the pickup location and the user (“You”) would be charged for the return trip.

If the receiver or the user placing the order allows the parcel to be dropped off at a safe drop point, it will not be under Cosmoov or the Rider/Drivers responsibility for anything that occurs (including theft, damage or ware & tare) once the parcel has been delivered.

15.Insurance:

We have made sure that all our Rider/Drivers are checked for criminal records and have valid motor insurance certificates for the vehicles that they are using. According to law, motor insurance will cover the vehicle, driver and any item that is in transport in the case of accidents, fire and theft. This is up to the insurance company and will depend on the circumstances. A Cosmoov customer can have peace of mind in sending their packages through our trained couriers. However, these couriers are still self-employed and Cosmoov does not have any responsibility for major incidents. Our service team will try their best to accommodate customers and their inquiries and we will legally deal with our Rider/Drivers once a major incident has risen. Rider/Drivers will also have their accounts suspended once breaking Cosmoov’ s regulations or receiving multiple complaints from customers.

Damages to perishable items en-route will not be subject to reimbursement. Sending perishable items such as food, cakes, drinks, electronics, flowers, and other related items are up to the customer’s responsibility.

Cosmoov ensures a delivery will be completed with their best commitments right up to the drop off by making sure that the recipient signs for the delivery. However, if the ‘user’, ‘customer’ or the registered ‘receiver’ commands the Cosmoov ‘Rider/Driver’ “courier” with another form of delivery, the Cosmoov ‘Rider/Driver’ “courier” has the right to accept that command. This includes leaving the parcel unguarded. Cosmoov however does not recommend such action and would therefore not be liable for unseen circumstances if such an event does occur.

If the Cosmoov Rider/Driver ‘courier’ is unable to contact the Customer and/or the Sender and/or the Recipient, the Cosmoov ‘Rider/Driver’ ‘courier’ may, at its discretion, automatically terminate the Delivery of Goods, in accordance with Cosmoov Terms of Service.

INSURANCE LIMITATION

Cosmoov’s insurance covers Cosmoov only in its role as a digital platform provider and does not extend to items transported by Drivers/Riders.

Goods in Transit Insurance

Deliveries are carried out by independent Drivers/Riders who hold their own Goods-in-Transit insurance. Cosmoov does not insure, handle, or control parcels and accepts no responsibility for loss, theft, or damage to items during delivery.

Cosmoov Is Not a Courier Business

“Cosmoov is a technology provider only. Cosmoov does not handle, control, store, or transport packages and is not responsible for the fulfilment of delivery services.”

Delivery Time & Delays

“Any estimated delivery time is provided solely by the Driver/Rider. Cosmoov does not guarantee delivery times and shall not be liable for delays.”

Safe-Drop Liability

“If the User or Recipient instructs the Driver/Rider to leave a parcel unattended, the User accepts full responsibility for any resulting loss, theft, or damage. Cosmoov assumes no liability.”

Illegal or Dangerous Items

Cosmoov does not inspect packages and assumes no liability for the contents. The User is solely responsible for ensuring that the shipment is legal and safe.

16.REQUIRED CYBER + PLATFORM RISK DISCLAIMERS

Platform Downtime

Cosmoov is not liable for any loss resulting from system downtime, app errors, connectivity issues, or technical failures.

Data Breach Limitation

Fraud / Account Misuse

“Cosmoov may suspend or terminate accounts suspected of fraud, misuse, or breach of policy.”

PLATFORM ROLE CLARIFICATION – REQUIRED

Cosmoov operates solely as a technology platform that connects Users with independent self-employed Drivers/Riders. Cosmoov does not provide delivery, transportation, courier or logistics services and does not control or supervise the performance of deliveries.”

DELIVERY TIME DISCLAIMER

All delivery times shown in the Cosmoov platform are estimates provided by the Driver/Rider. Cosmoov does not guarantee delivery times and is not liable for delays.

NO RESPONSIBILITY FOR PARCEL CONTENT

Cosmoov does not inspect, verify, or take possession of any items transported. Users are fully responsible for ensuring the legality, safety, and correct packaging of all items.

FRAUD & ACCOUNT MISUSE

Cosmoov reserves the right to suspend, investigate, or terminate any account suspected of fraud, misuse, or breach of these Terms. Cosmoov is not liable for losses arising from unauthorized account access where the User has failed to protect login details.

17.Your Use of the Service:

We (or our licensors) retain ownership of the Service and its associated intellectual property. We grant you a non-exclusive, non-transferable right to use the Service’s features solely for your own personal, non-commercial purposes, subject to these Terms. All rights we do not grant to you specifically in these Terms are reserved by us.

You agree:

that you will not use the Service for any illegal purpose or in any way that interrupts, damages or impairs the service provided by the Service.
not to use the Service to deliver any item that is dangerous, illegal, or intended only to annoy or abuse other users or third parties (including us or our Carriers).
to comply with any terms of service that apply between you and the Carrier that transports your item (as may be notified to you).
not to use the Service to transmit any viruses (or similar malicious code) or any material that is infringing, obscene, defamatory, threatening, or unlawful or that may harm us or any third party.
to compensate and defend us fully against any claims or legal proceedings brought against us by any person as a result of your breach of these Terms.
to always keep your account username and password secure and not to disclose your account username and/or password to any other person; and not to allow any other person to use or access your account.

18.Termination:

We may terminate these Terms and close your account any time without notice if we cease to provide the Service in your area.

We reserve the right to suspend, restrict or terminate your access to the Service at any time without notice if we have reasonable grounds to believe you have breached any of these Terms.

Suspension, restriction, or termination of your access to the Service will not limit our right to take any other legal action against you that may be appropriate.

You may stop using the Service at any time.

19.Our Legal Obligations:

Nothing in these Terms excludes or limits our or your liability for death or personal injury caused by our negligence or for fraud or fraudulent misstatement.

Whilst we will always strive to provide you with a service you’ll love, our lawyers have asked us to remind you that we are not responsible for:

losses, damage, costs, or expenses not caused by our breach of these terms.
the behaviour, actions, or omissions of any Carrier you may use (see also “Disclaimer” in section 2 above).
the quality or fitness for purpose of any Collected Item (see also “Collected Items” in section 6 above).
the actions or omissions of other users of the Service.
any indirect or consequential loss or damage which means a loss suffered by you which is a side effect of the main loss or damage and where we could not have anticipated that type of loss arising when you agreed to these terms; or any harm, loss or damage suffered by you or anyone else if the Service is interrupted, suspended or otherwise not provided to you or if we do not comply with these terms because of events beyond our control (for example, industrial disputes, technical difficulties, failure of or delays in communications networks, acts of terrorism or power failure

20.Technical Limitations:

We do our best to provide a service you’ll enjoy, but the Service is provided without express or implied warranty or condition of any kind, on an “as-is” basis.

You acknowledge and accept that your access to the Service is dependent on connectivity over communications networks and facilities that are outside of our operation and/or control and that your use of the Service may be subject to limitations, delays, and other problems inherent in the use of such networks and facilities.

Taking this into account, we give no warranty that your use of the Service will be uninterrupted or error free. We will use our reasonable endeavours to provide a good, consistent service, however, you acknowledge and accept that we are not responsible for any loss or damage of any kind that you may suffer as a result of any interruption or delay to your access to the Service, or as a result of any failure or error in the transfer of data over those networks and facilities in connection with your use of the Service.

21.Contacting Us:

If you need to contact us, please email us at [email protected], live chat on www.cosmoov.co.uk or write to us at FAO of Cosmoov Ltd, Churchill House, 120 Bunns Ln, Mill Hill, London NW7 2AS, United Kingdom.

22.Disputes:

Any disputes in connection with these Terms will be governed by and interpreted in accordance with the laws of the operating country. If you choose to bring proceedings in connection with these Terms you must do so in the courts of the operating country.

23.Other Important Legal Terms:

For any concerns or problems which might occur during a delivery, we only communicate directly to the account (“you”) that has placed the order. Meaning, in an event of where the recipient might be concerned, it is not to mention that it is the account holder’s responsibility to resolve the matter with the receiver. Due to data protection, Cosmoov will not disclose any information to the recipient of the order.

We can assign, sub-contract and/or otherwise transfer any or all of our rights and/or obligations under these Terms to any company, firm or person. We will only do this if it does not affect your rights under these Terms. Please note that you may terminate your agreement with us at any time. You may not transfer your rights or obligations under these Terms to anyone else.

If you breach these Terms and we take no action against you, we will still be entitled to enforce our rights and remedies against you in relation to that breach and to use our rights and remedies in any other situation where you breach these Terms.

If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the remainder of the Terms will continue to govern each of our respective obligations.

These Terms are not intended to give rights to anyone except (“you”) and (“us”).

Except as otherwise expressly stated, these Terms contain the entire agreement between us and you relating to use of the Service and supersede any previous agreements, arrangements, undertakings, or proposals, written or oral, between us and you relating to use of the Service.

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