TERMS AND CONDITIONS FOR Cosmoover

TERMS AND CONDITIONS FOR Cosmoover

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.

On the basis of the representations and warranties provided by the Cosmoover, the Company has agreed to list the Vehicle(s) on the App to enable the Cosmoover to provide the Services through the App in accordance with the terms and conditions as hereinafter provided (“T&Cs“).

1. GENERAL COVENANTS

  1. The Cosmoover must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18 years), to provide Services.
  2. The Company shall take the booking request and forward it to the Cosmoover through an app-based device operating on GPS-GPRS based device installed in the Vehicle and the Cosmoover is prohibited from accepting a ride through street hailing while using the App.
  3. The Company reserves the right to discontinue or introduce any of the modes of booking Bicycle/Motorbike/Cars and/or for providing services for the transmission of parcels. At no time whatsoever shall the Cosmoover tamper, damage, open or do anything to the parcels that he/she is not specifically permitted to do during providing the Services.
  4. The Company may monitor, and record calls made to the Users, for the purpose of training and improving customer care services, including complaint handling.
  5. The Cosmoover warrants that the information it provides to the Company is accurate and complete. The Company is always entitled to verify the information that has been provided.
  6. The Cosmoover will refrain from doing anything which the Company reasonably believes to be disreputable or capable of damaging the Company’s reputation and will comply with all applicable laws of the United Kingdom.
  7. In relation to the App, the Cosmoover agrees to:
           1. not authorize others to use his account on the App.
           2. not assign or otherwise transfer his account to any other person or legal entity.
           3. not use the App for unlawful purposes, including but not limited to sending or storing any unlawful material or for                fraudulent purposes.
           4. not use the App to cause nuisance, annoyance, or inconvenience.
           5. not impair the proper operation of the network. 
           6. not try to harm the App in any way whatsoever.
           7. not copy or distribute any content on the App without written permission from the Company.
           8. keep secure and confidential the account password or any identification which the Company may provide to the Cosmoover which allows access to the App.
           9. provide the Company with whatever proof of identity the Company may request.
  8. The Company reserves the right to immediately terminate the use of the App by the Cosmoover if he does not comply with any of the above rules in Clause 1.6.

 

2. PAYMENT TERMS

  1. The Company has the discretion to charge any such fees from the Cosmoover as updated on the App from time to time.

3. REPRESENTATIONS AND WARRANTIES

The Cosmoover and the Company represent that:

  1. they have all requisite power and authority to deliver and perform the obligations imposed herein;
  2. the execution and performance of the obligations do not and will not violate any provision of any existing agreement, law, rule, regulation, any order, or judicial pronouncement which is applicable to each party.
  3. They affirm that they have not been convicted of any criminal offense, whether in the United Kingdom or in any foreign jurisdiction, including, without limitation, offenses involving moral turpitude

The Cosmoover hereby represents that:

  1. They have the requisite authority or assignment to drive the Vehicle and there are no restrictions with respect to the use of the Vehicle that will hinder the Driver from the performance of the Services using the App.
  2. They have all rights, licenses,insurances, and permits as may be required under applicable laws to perform the Service in accordance with these T&Cs.
  3. They shall hold and keep updated/renewed licenses, insurance and permits necessary for the use of Vehicle to transport goods
  4. They shall not carry any weapons, firearms, ammunition, explosive devices and dangerous substances during performance of the Services..
  5. They shall also ensure the safety of packages is not compromised at the time of delivery.

4. RELATIONSHIP BETWEEN THE PARTIES

  1. Independent Contractor: The Cosmoover shall operate as and have the status of an independent contractor. The relationship between the Company and the Cosmoover is on a principal-to-principal basis. The Company and the Cosmoover are independent legal entities, and nothing in these T&Cs will be construed to create a partnership, joint venture, an association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between the Company and the Cosmoover. It is clarified that the Cosmoover will not have any right to conclude any contract for and / or on the behalf of the Company.
  2. Cosmoov does not employ couriers.
  3. Cosmoov does not guarantee exact delivery times.
  4. Cosmoov does not store, handle, or control packages.
  5. Cosmoov is not responsible for delays or loss caused by couriers.

5. Cosmoover INFORMATION:

Please refer to Privacy policy to know how the information is collected and handled by Cosmoov.

6. CONFIDENTIALITY

  1. The Cosmoover shall keep confidential all data including customer details, market information, all work products and documents related thereto, the contents of the App and shall not sell or otherwise make that information available to any third parties. Except as otherwise agreed, the data of customers will be the exclusive property of the Company, and the Cosmoover will not use the same for any purpose or distribute such data in any form or means except for the purpose of providing the Services and other than as permitted by the Company and shall always keep it confidential.

7. INDEMNITY

  1. The Cosmoover agrees to indemnify, defend and hold the Company harmless from and against any claim, liability, obligation, loss, damage, deficiency, assessment, judgment, cost or expense (including, without limitation to costs and expenses incurred in preparing and defending against or prosecuting any litigation, claim, action, suit proceeding or demand) of any kind or character, arising out of or in any manner incidental, relating, or attributable to any inaccuracy, breach, or failure by the Cosmoover to perform its obligations under these T&Cs or the applicable laws in relation to performance of the Services.

8. DISCLAIMER OF WARRANTIES

  1. THE COMPANY MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES AND/OR THE App. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE AND/OR THE App WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY SERVICES, INFORMATION OBTAINED BY YOU THROUGH THE App WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SERVICES AND/OR THE App WILL BE CORRECTED, OR (F) THE App OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (G) THE App TRACKS YOU OR THE VEHICLE USED BY THE Cosmoover. THE App IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby excluded and disclaimed to the highest and maximum extent. The Company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability, or availability of the App. You acknowledge and agree that the entire risk arising out of your use of the App remains solely and absolutely with you and you shall have no recourse whatsoever to the Company.
  2. The App may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications including the device used by you being faulty, not connected, out of range, switched off or not functioning. The Company is not responsible for any delays, Service failures, damages or losses resulting from such problems.

9. LIMITATION OF LIABILITY

  1. The Company is not liable to the Cosmoover, for any condition, suitability, quality, merchantability, and fitness for any purposes in respect of the App or the services provided through the App and is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the use and access of the App.
  2. To the extent permissible under applicable laws, the Company is not liable for any civil, criminal, tortious, or any other liability, that may accrue as a consequence of the breach by the Service Provider (a) of the applicable laws in respect of the use of the App or providing the Services; (b) of the terms of the applicable licenses and permits that are issued by the transport authorities; (c) of the terms of these T&Cs; or (d) of the duty of care the Cosmoover owes to the users of the Apps.
  3. The Company is not responsible for the behaviour, actions or inactions of the Cosmoover, quality of the Vehicle. Any contract for the provision of a vehicle is exclusively between the customer and the Cosmoover and the Company is not a party to the same.
  4. All rights not otherwise claimed under these T&Cs or by the Company are hereby reserved. The information contained in this App is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
  5. The Company does not represent or endorse the accuracy or reliability of any information or advertisement contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the App, or the quality of any products, information or other materials displayed, or obtained by you as a result of any product, information or other materials displayed, or obtained by you as a result of an advertisement or any other information or offer in or in connection with the service.
  6.  Couriers must accept: They are fully responsible for:
  • Their vehicle
  • Their insurance
  • Goods they carry
  • Loss/damage caused
  • Delivery mistakes
  • Traffic fines
  1. license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the App in any way.
  2. modify or make derivative works based upon the App.
  3. create internet “links” or “frame” or “mirror” any application on any other server or wireless or internet-based device.
  4. reverse engineer or access the App in order to:
  1. design or build a competitive product or service,
  2. design or build a product using similar ideas, features, functions, or graphics of the App, or
  3. copy any ideas, features, functions, or graphics of the App, or
  4. launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the App.

10. TERM AND TERMINATION

Company is entitled to terminate the contract at all times and with immediate effect (by disabling the Cosmoover’s registration on the App and use of the App) for:

  1. Any violation or breach of any term of these T&Cs; or
  2. If the Cosmoover, in the opinion of the Company, misuses the App.
  3. failure to verify or authenticate Cosmoover Information.
  4. Cosmoov is also at liberty to terminate the contract at their discretion, where, in their opinion, continuance of the services of Cosmoover is detrimental to the business interest of Cosmoov due to the acts of the Cosmoover, such as the following:
  1. Misbehaviour, rude behaviour with the staff of Cosmoov, customers or any other persons associated with the Cosmoov.
  2. Any acts involving criminal offence punishable under law, including physical assault, threatening any of the staff of Cosmoov, persons associated with Cosmoov and any other persons.
  3. Drunk while on duty and drunken behaviour.
  4. Commission of fraud/ misappropriation/embezzlement for undue monetary gain, which is against the interest of the Cosmoov.
  5. vii)Indulging in spreading content through digital media, social networking sites, or any other form, which could be detrimental to Cosmoov’s brand and its image.
  6. Indulging in unauthorized disclosure of confidential information of Cosmoov to external agency, person, Cosmoov or organization.
  7. Misuse of assets provided by Cosmoov and welcome kits, which could be detrimental to the interest of Cosmoov’s brand and its image.
  8. In case the background check, whether wholly or partially, is found negative at any point of time during the term of these T&Cs.

11. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION

  1. These T&Cs shall be governed by and interpreted in all respects in accordance with the laws of England, Wales and the United Kingdom.

12. ASSIGNMENT

The Cosmoover may not assign its rights or obligations under these T&Cs without prior written approval of the Company.

13. AMENDMENT

These T&Cs may be amended from time to time and as and when required, at the discretion of the Company.

14. SEVERABILITY

If any provision or any part of a provision of these T&Cs is invalid, unenforceable or prohibited by applicable laws of the United Kingdom , such provision or part of provision shall be severed from these T&Cs and shall be considered divisible as to such provision or part thereof and such provision or part thereof shall be inoperative and shall not be part of the consideration moving between you and the Company hereto and the remainder of these T&Cs shall be valid and binding and of like effect as though such provision was not included herein.

15. INSURANCE

  1. You must have motor insurance to drive your vehicle on England, Wales, and United Kingdom roads.
  2. Third party insurance is the legal minimum. This means you’re covered if you have an accident-causing damage or injury to any other person, vehicle, animal, or property. It does not cover any other costs like repair to your own vehicle.
  3. Cosmoov does not provide vehicle insurance or Goods-in-Transit insurance for Cosmoover.
  4. Cosmoov’s insurance only covers Cosmoov as a software provider and does NOT cover loss of parcels.

GOODS IN TRANSIT INSURANCE — 

Couriers must have their own Goods-in-Transit (GIT) insurance.

Cosmoov is NOT responsible for any goods being transported.

CYBER SECURITY / PLATFORM ACCESS RISKS –

  • 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

Goods in Transit Insurance Clause-

The Cosmoover agrees and confirms that they are fully responsible for obtaining and maintaining valid Goods-in-Transit insurance. Cosmoov does not insure, store, or take possession of any items being transported. All risk relating to loss, theft, or damage of goods rests solely with the Driver/Rider.

Cosmoov Role Clarification-

  • Cosmoov operates only as a software platform connecting Drivers/Riders with Users. Cosmoov does not provide delivery, courier, transportation, or logistics services and does not control or monitor the delivery process.
  • 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.

CYBER / SYSTEM DOWNTIME DISCLAIMER

Cosmoov shall not be liable for any loss, delay, or disruption caused by system downtime, platform errors, network failures, or cyber events beyond its reasonable control.

FRAUD & ACCOUNT MISUSE CLAUSE

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 unauthorised account access where the User has failed to protect login details.

Cosmoover RESPONSIBILITY FOR FINES, INCIDENTS, LOSSES-

The Cosmoover is solely responsible for any traffic fines, penalties, criminal offences, road incidents, or damage caused while performing deliveries. Cosmoov accepts no liability for the actions or omissions of Cosmoovers.

Courier Financial Liability

The Cosmoover is fully responsible for all loss, theft, mishandling, delays, damage to goods, road incidents, traffic offences, fines, and any customer disputes arising from their actions.

 No Employment Relationship-

Nothing in these T&Cs shall be interpreted as creating an employment relationship. The Driver/Rider is not an agent, worker, or employee of Cosmoov.

REQUIRED CYBER + PLATFORM RISK DISCLAIMERS-

  1. Platform Downtime

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

  1. 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.

  1. Fraud / Account Misuse

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

16. NOTICES

  1. The Company may give notice by means of a general notice on the App, or by electronic mail to your email address on record in the Company’s account information, or by written communication sent by regular mail to the Cosmoover’s address on record in the Company’s account information.
  2. Cosmoover needs to send any notice on at email id: support@cosmoov.com