CONDICIONES DE USO DE SAAS

Terms of Service

The Agreement outlined here serves as the legal understanding between you and Kosmo Delivery Pte Ltd., a Singapore corporation (referred to as the "Company"). To access and use the Service along with its associated Software, it is imperative that you consent to the stipulations presented below. By utilizing or receiving any services provided by the Company (referred to as the "Service") and downloading, installing, or using any associated software designed by the Company to facilitate the use of the Service (referred to as the "Software"), you explicitly acknowledge and agree to adhere to the terms and conditions as outlined in this Agreement, including any future modifications or additions.

The Company retains the right to adjust the terms and conditions of this Agreement or its policies related to the Service or Software at its discretion, effective upon the posting of an updated version of this Agreement on the Service or Software. It is your responsibility to regularly review this Agreement. Continued utilization of the Service or Software post any such alterations signifies your consent to these changes.

PLEASE NOTE: The Company does not engage in logistics or courier services, nor does it operate as a logistics carrier. The responsibility for providing courier services, which may be scheduled through the use of the Software or Service, lies entirely with the third-party courier or logistics provider, courier, or vehicle operator. The Company serves as an informational platform and a facilitator for obtaining such third-party courier services but explicitly disclaims any intention to provide courier services or function as a courier. The Company bears no responsibility or liability for any courier services provided to you by these third parties, beyond what is expressly stated in this Agreement.

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Representations and Warranties

By engaging with the Software or Service, you affirmatively assert and guarantee that you possess the legal entitlement to enter into this Agreement. If you inhabit a jurisdiction imposing restrictions on the use of the Service due to age, or if age restricts the ability to enter into agreements such as this, it is imperative that you adhere to these age limits and refrain from utilizing the Software and Service. Notably, the Service and Software are not intended for use by individuals under the age of 18. By availing yourself of the Software or Service, you affirm and warrant that you are at least 18 years old. Moreover, you affirm and warrant that you possess the right, authority, and capacity to enter into this Agreement and comply with its terms and conditions. Your engagement with the Service and/or Software is intended for your exclusive, personal use. Authorization for others to use your user status is prohibited, and the transfer of your user account to any other person or entity is strictly forbidden. During your use of the Software or Service, you commit to complying with all applicable laws of your home nation, as well as the country, state, and city in which you are present.

Access to the Service is only permitted through authorized means. It is your responsibility to verify that you download the correct Software for your device. The Company bears no liability if you possess an incompatible handset or if you mistakenly download an incorrect version of the Software. The Company retains the right to terminate this Agreement if you employ the Service or Software with an incompatible or unauthorized device.

In utilizing the Software or Service, you explicitly agree:

1. To use the Service or Software solely for lawful purposes, refraining from sending or storing any unlawful material or engaging in fraudulent activities.
2. Not to cause nuisance, annoyance, or inconvenience through the use of the Service or Software.
3. Not to copy or distribute the Software or any other content without written permission from the Company.
4. To furnish us with any reasonable proof of identity as may be requested.
5. To acknowledge that standard messaging charges will apply when requesting services by SMS or Whatsapp.
6. To maintain the confidentiality of your account password or any provided identification granting access to the Service.
7. To utilize the Software and Service exclusively for personal use and refrain from reselling it to a third party.
8. Not to disrupt the proper operation of the network.
9. Not to attempt to harm the Service or Software in any manner.
10. To promptly report any errors, bugs, unauthorized access methodologies, or breaches of our intellectual property rights identified during your use of the Service.

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Intellectual property

Exclusively, the Company (along with its licensors, where applicable) retains complete ownership of all rights, titles, and interests, including associated intellectual property rights, pertaining to the Software and the Service. Any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party regarding the Software or the Service become the sole property of the Company. It's crucial to emphasize that this Agreement does not constitute a sale and does not transfer any ownership rights to you concerning the Software, the Service, or any intellectual property owned by the Company. The Company's name, logo, and the product names linked to the Software and Service are recognized trademarks of the Company or third parties, and no permission or license is extended to use them.

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Account

As the exclusive authorized user, you are the sole individual permitted to use any account generated through the Software or provided by the Company. It is your responsibility to uphold the confidentiality of any password or account number furnished by you or the Company for Software access. You bear sole and complete responsibility for all activities conducted under your password or account. The Company lacks control over the utilization of any user's account and explicitly disavows any liability arising from such use. In the event that you have reason to believe that an unauthorized party might be accessing your password or account, prompt notification to the Company is imperative.

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Third Party

While utilizing the Software and Service, you may engage in correspondence, purchase goods and/or services, or participate in promotions offered by third-party service providers, advertisers, or sponsors displaying their offerings through the Software or Service. Any such activities and the associated terms, conditions, warranties, or representations are exclusively between you and the respective third party. The Company and its licensors bear no liability, obligation, or responsibility for such correspondence, purchases, transactions, or promotions between you and any third party. The Company does not endorse any websites on the Internet linked through the Service or Software, and under no circumstances shall the Company or its licensors be accountable for the content, products, services, or other materials available on or through such sites or third-party providers. The provision of the Software and Service is governed by the terms and conditions outlined in this Agreement. However, it is acknowledged that certain third-party providers of goods and/or services may necessitate your acceptance of additional or distinct terms and conditions before using or accessing such goods or services, and the Company disclaims any responsibility or liability arising from agreements between you and these third-party providers.

The Company may utilize third-party advertising and marketing delivered through the Software or Service, as well as other mechanisms, to subsidize the Software or Service. By agreeing to these terms and conditions, you consent to receiving such advertising and marketing. If you prefer not to receive such content, please notify us in writing. The Company retains the right to impose a higher fee for the Service or Software should you opt out of these advertising services. Information concerning you and your usage of the Software or Service may be compiled and disclosed on an anonymous basis as part of a customer profile, report, or similar analysis. You acknowledge that it is your responsibility to exercise reasonable precautions in all actions and interactions with any third party you engage with through the Service.

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Indemnification

You commit to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates (each referred to as an "Indemnified Party") from any losses, claims, actions, costs, damages, penalties, fines, and expenses, including but not limited to attorneys' fees and expenses. These may be incurred by an Indemnified Party due to your unauthorized use of the Software or any breach by you of these Terms and Conditions. This includes, without limitation, any actual or alleged violation of any federal, state, or local statute, ordinance, administrative order, rule, or regulation. In the event of any such claim, suit, or proceeding, the Company will promptly notify you and retains the right to control the defense of such action at your expense. This applies to defending any claim, suit, or proceeding arising from your unauthorized use of the Software or a breach of these Terms and Conditions.

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Disclaimer

The utilization of the Software is entirely at your own risk. Changes to the website are made periodically and may occur at any time without prior notice. The Software is provided on an "as is" basis without any warranties, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no warranties or representations regarding the accuracy or completeness of the content provided through the Software or the content of any websites linked to the Service. The Company assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage resulting from your access to and use of the Service or the Software; (iii) any unauthorized access to or use of the Company’s secure servers and/or any personal or financial information stored therein.

The Company does not warrant that the website will operate error-free or that the website and its server are free of computer viruses and other harmful elements. If your use of the website necessitates servicing or replacing equipment or data, the Company shall not be held responsible for those costs. To the fullest extent permitted by law, the Company disclaims all warranties, whether express or implied, including the warranty of merchantability, non-infringement of third-party rights, and the warranty of fitness for a particular purpose. The Company provides no assurances about the accuracy, reliability, completeness, or timeliness of the content, services, software, text, graphics, or links. The Company, its affiliates, and licensors cannot and do not guarantee that any personal information supplied by you will not be misappropriated, intercepted, deleted, destroyed, or used by others.

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Liability Limitation

Under no circumstances shall the aggregate liability of the Company exceed the total amounts actually paid by or due from you within the six (6) month period immediately preceding the incident giving rise to such claim. The Company and/or its licensors shall not be held liable to any individual for indirect, punitive, special, exemplary, incidental, consequential, or any other form of damages (including personal injury, loss of data, revenue, profits, use, or other economic advantage). The Company and/or its licensors shall not be liable for any loss, damage, or injury that may be incurred by you, including but not limited to loss, damage, or injury arising out of, or in any way connected with the service or software. This includes but is not limited to the use or inability to use the service or software, any reliance placed by you on the completeness, accuracy, or existence of any advertising, or as a result of any relationship or transaction between you and any third-party service provider, advertiser, or sponsor whose advertising appears on the website or is referred by the service or software, even if the Company and/or its licensors have been previously advised of the possibility of such damages.

The Company may introduce you to third-party courier providers and food services for the purposes of providing courier and food services. We will not assess the suitability, legality, or ability of any third-party courier or food services providers, and you expressly waive and release the Company from any and all liability, claims, or damages arising from or in any way related to the third-party courier or food services providers. The Company will not be a party to disputes, negotiations of disputes between you and such third-party providers. We cannot and will not play any role in managing payments between you and the third-party providers. Responsibility for the decisions you make regarding services offered via the software or service (with all its implications) rests solely with you. We will not assess the suitability, legality, or ability of any such third parties, and you expressly waive and release the Company from any and all liability, claims, causes of action, or damages arising from your use of the software or service, or in any way related to the third parties introduced to you by the software or service. The quality of the food and courier services scheduled through the use of the service or software is entirely the responsibility of the third-party provider who ultimately provides such food and courier services to you. You understand, therefore, that by using the software and the service, you may be exposed to courier and food that is potentially dangerous, offensive, harmful to minors, unsafe, or otherwise objectionable, and that you use the software and the service at your own risk.

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Dispute Resolution

These Terms, and any dispute relating to these Terms or the Service, are governed by and must be interpreted in accordance with the law of Singapore. Each party submits to the non- exclusive jurisdiction of the Courts of Singapore in relation to any dispute connected with these Terms or the Service.

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Termination

The company holds the discretion to adjust or discontinue the software at its own discretion. This includes the option to modify, suspend, or terminate your access to the software or service, with or without notice, for any reason. The company is not liable to you or any third party for such actions. In addition to suspending or terminating access, the company retains the right to pursue appropriate legal actions, including civil, criminal, or injunctive measures. Even after the termination of your right to use the software, this agreement remains binding. You have the option to terminate this agreement at any time by discontinuing all use of the software. Certain provisions, inherently meant to endure, will continue to have effect post-termination of this agreement.

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Last updated: 23rd January 2024