Terms and Conditions

Welcome to cosmomarketplace.com this website is operated by Cosmo, cosmetic marketplace LLC and its affiliates. All through the site, the terms “we”, “us” and “our” refer to Cosmo. Cosmo LLC offers this website including all information, tools, and services available from this site to you the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you hereby represent that you are at least the age of majority in your state of residence, or that you are the age of majority in your state of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not Limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your use of the website.

ELIGIBILITY

You must be at least 13 years old to Use the Site. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and Use the Site with permission from your parent or legal guardian. By using the Site, you represent and warrant that: (a) all information you submit during Account registration is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your Use of the Site does not violate any applicable law or regulation. Your profile and Account may be terminated and deleted without warning if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.

REGISTRATION, PASSWORDS, AND SECURITY

To have access some of our services as a (“Buyer”, “Provider,” “Retailer”, “Driver”) you will have to complete an online registration form. You hereby agree that all information which you submit (“Registration Information”) is true and complete and that you will update your Registration Information to keep this information true and

complete. Upon registering, you will undergo a background check in compliance with state and local laws. Our background checks are performed through Checkr, a third-party background check company that performs checks on behalf of our company. Cosmo does not store your SSN after this check, this data is only used to complete the process and you will have to upload and input all data, records, and files through Checkr and not Cosmo.  Upon completion of your registration and background check, you will create a password. You are solely responsible for any use of, or action taken under, your password on the Site.

Your password may be used only to review information regarding potential and completed transactions, purchase or cancel purchases of products, change your preferences, post content, and otherwise access and use the Site and services on the Site in accordance with these Terms.

You are solely responsible for maintaining the confidentiality and security of your password, and you hereby agree not to disclose your password to any third party (other than third parties authorized by you to use your account).

You accept full responsibility for all transactions and other activities placed or conducted through your account and agree to and hereby release COSMO COSMETIC MARKETPLACE, its affiliates, their respective content and service providers and their respective directors, officers, employees, and agents from any and all liability concerning such transactions or activity.

You agree to notify COSMO COSMETIC MARKETPLACE immediately of any actual or suspected loss, theft or unauthorized use of your account or password.

COSMO COSMETIC MARKETPLACE has no obligation to inquire as to the authority or propriety of any use of or action taken under your password and will not be responsible for any loss to you arising from any such use or action or from your failure to comply with the above. COSMO COSMETIC MARKETPLACE will take reasonable security precautions when using the Internet, telephone, or other means to transport data or other communications, but expressly disclaims any and all liability for the accessing of any such data or communications by unauthorized persons or entities.

SELLER OBLIGATIONS

Seller Products Listing: Cosmo Cosmetic Marketplace is a unique marketplace. Customers come here to purchase items that they might not find anywhere else. We have also grant you the right to list Cosmetic Products for sale on the Cosmo Cosmetic Marketplace at the Listing Price determined by You or the Person authorized by You. Upon your continuous use of the Marketplace. Cosmo Cosmetic Marketplace does not have any responsibility for, or obligations related to, the descriptions of your products or services.

Products Description/Listing:

(a). By listing any product or service on the Marketplace You shall be solely responsible for all Product Information, related Content, Products Material listed on the Marketplace during the term of this Agreement (including all Additional Terms and Policies), and other published policies, and relevant Applicable Laws.

(b). You hereby agree that the Products listed on the marketplace (including their packaging) shall not contain any Objectionable Content or any other Content that is not expressly permitted by Us and must be in compliance with standard industry regulations.

(c). In the event that product listed for sale through our Services requires a warning under the California Health & Safety Code Section 25249.6 (a “Proposition 65 Warning”) you hereby agree (a) to provide in your listing such warning in the manner compliant with Applicable Laws, (b) agree that our display of a Proposition 65 Warning on a product detail page is confirmation of our receipt of that warning, and (c) will only revise or remove a Proposition 65 Warning for a product when the prior warning is no longer legally required.

Third Party Service Providers: In an event where you use the service of any third party to assist or facilitate any portion of your use of the Services, including, without limitation, your listings, changes, or other functions, you agree that you shall be solely responsible for and Cosmo Cosmetic Marketplace shall not be liable for any acts, conduct, errors, omissions, losses, claims or other issues resulting from your use of such third party’s services.

Nonconformity, Defects, or Other Issues with Items: You hereby acknowledge and agree that We are not the seller of any product listed for sale, and that We do not have control over and do not guarantee to the existence, quality, safety, genuineness, legality, or any other aspect of such product, the truth or accuracy of any information or materials you provide to Us or make available to customers of our platform, the ability of customers to pay for such product, or in the event the customer seek a return or a refund or cancellation for such product, you further understand and agree that We will have no liability related to such product. You are also responsible for any nonconformity or defect in, or any recall (public or private, voluntary, or mandatory) of, as well as any other safety concerns related to, the products you list for sale. You will notify Wish as soon as you become aware of, or reasonably suspect, any nonconformity or defect in or safety concerns, or recall related to your products. If we determine that the performance of your obligations under this Agreement may result in returns, claims, disputes, or violations of this Agreement, or cause any other risks to us or third parties, then we may mitigate them, including by determining whether a customer will receive a refund, or replacement for any of your products for as long as we determine any related risks to us, or third parties persist.

SELLERS(RETAILER), PROVIDERS(COSMETICIAN SERVICES) TO DRIVERS’ RESPONSIBILITIES

Sellers(Retailers) Agreements, Representations and Warranties.

(a). Prior to using any part of Our Services, you agree that you will have all right and authority to lawfully use the Services or otherwise have the full right and authority to contract for the service of a Driver.

(b). You agree to specifically list and disclose all items contained in Your delivery package and to not include any Prohibited Items.

(c). You agree to properly pack all items to ensure the safety and integrity of the item and in compliance with all Applicable Law.

(d). You hereby acknowledge that Drivers are not movers and do not deliver items up or down stairs or inside a private residence and agree that neither You nor customers will require or request a Driver to deliver an item up or down stairs or inside a private residence and you will ensure that Your customers are also aware of the same.

(e) You agree not to enter any personal information, including PII (Personal Identifiable Information), into the title of an item, including phone numbers or addresses and agree that all personal information should be entered in the appropriate sections indicated in the Platform when requesting Delivery Services.

DRIVER AGREEMENTS, REPRESENTATIONS AND WARRANTIES

Prior to your right to provide Delivery Services, you agree that you will have full right and authority to contract to perform the Service.

(a). You consent to a background check performed on you by Cosmo using your personal information provided to us by you along with your SSN and other pertinent information for the purposes of completing this process.

b) You agree to have a mobile device with the Cosmo App running, and to not disable the Cosmo App or its geolocation software at any time while performing a Service.

(C). You hereby agree that Your personal information you provided upon registration is available to the Seller and/or recipients to authorize communications between the Cosmo Platform, You, and Seller and/or recipients, and authorize Cosmo Support, Sellers and/or recipients to communicate with, and/or initiate communications between, You, Sellers and/or the recipient directly or on Your behalf, solely as needed to facilitate the completion of the Service.

(d). You agree that Cosmo will not reimburse You for any expenses or costs related to Your use of the Service, or Cosmo Platform or the performance of any Service, and you agree to not seek reimbursement of the same from Cosmo or any Seller.

(e). You agree that You will not offer to perform the Service unless You are physically capable of handling the Service and agree that and Cosmo will not pay or reimburse You for medical care, or any other claims, costs, or expenses You may incur if You are hurt or injured while carrying out such service.

(f). You agree at all times that when using the Cosmo App to perform a service You will maintain current, valid insurance, in amounts and of types required by Applicable Law and Your insurer(s), including automobile liability, commercial auto coverage, health insurance, workers’ compensation and/or occupational accident insurance.

(g). You represent and warrant that Your insurance coverage is sufficient insurance to cover any damages, injuries or harm You may incur, or cause arising out of or related to Your use of the Cosmo App and the performance of the Service You offer to perform, including damages to Your or a third party’s property and costs of medical care You or a third party may require due to injury.

PROVIDER (COSMETICIAN SERVICES) AGREEMENTS, REPRESENTATION AND WARRANTIES.

Prior to using any part of Our Services, you agree that you will have all right and authority to lawfully use the Services or otherwise have the full right and authority to contract for the service of a Provider

(a). You consent to a background check performed on you by Cosmo using your personal information provided to us by you along with your SSN and other pertinent information for the purposes of completing this process.

(b). You hereby agree that Your personal information you provided upon registration is available to the customer and/or recipients to authorize communications between the Cosmo Platform, You, and customer and/or recipients, and authorize Cosmo Support, customers and/or recipients to communicate with, and/or initiate communications between, You, customers and/or the recipient directly or on Your behalf, solely as needed to facilitate the completion of the Service.

c). You agree that Cosmo will not reimburse You for any expenses or costs related to Your use of the Service, or Cosmo Platform or the performance of any Service, and you agree to not seek reimbursement of the same from Cosmo or any provider.

d) You agree that You will not offer to perform the Service unless You are physically capable of handling the Service and agree that and Cosmo will not pay or reimburse You for medical care, or any other claims, costs, or expenses You may incur if You are hurt or injured while carrying out such service.

e) You agree at all times that when using the Cosmo App to perform a service You will maintain current, valid insurance, in amounts and of types required by Applicable Law and Your insurer(s), including automobile liability, commercial auto coverage, health insurance, workers’ compensation and/or occupational accident insurance.

f) You represent and warrant that Your insurance coverage is sufficient insurance to cover any damages, injuries, or harm You may incur, or cause arising out of or related to Your use of the Cosmo App and the performance of the Service You offer to perform, including damages to Your or a third party’s property and costs of medical care You or a third party may require due to injury.

g) You agree to meet the criteria, possess, and maintain all applicable licenses, education, registration and permits that are applicable by law to enable you the continuous use of our services and to provide only services you are qualified for.

h) You agree to be solely and directly responsible for all faults, accidents or injury that occur due to the performance of your service to a customer/recipient and to hold Cosmo harmless of any damages you or others may incur resulting from your service.

LICENSE

Cosmo Cosmetic Marketplace grants you a revocable, non-exclusive, non- transferable, limited license to download, install and use the website strictly in accordance with the terms of this Agreement.

You are agreeing to be bound by these Terms & Conditions. If you do not agree to these Terms & Conditions, please do not use the Cosmo Cosmetic Marketplace Service. In these Terms & Conditions, “you” refers both to you as an individual and to the entity you represent. If you violate any of these Terms & Conditions, we reserve the right to cancel your account or block access to your account without prior notice.

GENERAL TERMS

By accessing and placing an order with Cosmo Cosmetic Marketplace, you confirm that you agree with and are bound by the terms of service contained in the Terms & Conditions outlined below. These terms apply to the entire website and any email or other type of communication between you and Cosmo Cosmetic Marketplace.

Under no circumstances shall Cosmo Cosmetic Marketplace be liable for any direct, indirect, special, incidental, or consequential damages, including, but not limited to, loss of data or profit, arising out of the use, or the inability to use, the materials on this site, even if Cosmo Cosmetic Marketplace authorized representative has been advised of the possibility of such damages. If your use of materials from this site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof.

Cosmo Cosmetic Marketplace will not be responsible for any outcome that may occur during usage of our Services. We reserve the rights to change prices and revise the policy in any moment.

PRIVACY POLICY AND PERSONAL INFORMATION

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

RESTRICTIONS

You agree not to, and you will not permit others to:

-License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose, or otherwise commercially exploit the website or make the platform available to any third party.

-Modify, make derivative works of, disassemble, decrypt, reverse compile, or reverse engineer any part of the website.

-Remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Cosmo Cosmetic Marketplace or its affiliates, partners, suppliers or the licensors of the website.

YOUR SUGGESTIONS/CONSENT

Any feedback, comments, ideas, improvements, or suggestions (collectively, “Suggestions”) provided by you to Cosmo Cosmetic Marketplace with respect to the website shall remain the sole and exclusive property of Cosmo Cosmetic Marketplace.

Cosmo Cosmetic Marketplace shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

We’ve updated our Terms & Conditions to provide you with complete transparency into what is being set when you visit our site and how it’s being used. By using our website, registering an account, or making a purchase, you hereby consent to our Terms & Conditions.

LINKS TO OTHER WEBSITES

This Terms & Conditions applies only to the Services. The Services may contain links to other websites not operated or controlled by Cosmo Cosmetic Marketplace. We are not responsible for the content, accuracy or opinions expressed in such websites, and such websites are not investigated, monitored, or checked for accuracy or completeness by us. Please remember that when you use a link to go

from the Services to another website, our Terms & Conditions are no longer in effect. Your browsing and interaction on any other website, including those that have a link on our platform, is subject to that website’s own rules and policies. Such third parties may use their own cookies or other methods to collect information about you.

COOKIES

Cosmo Cosmetic Marketplace uses “Cookies” to identify the areas of our website that you have visited. A Cookie is a small piece of data stored on your computer or mobile device by your web browser. We use Cookies to enhance the performance and functionality of our website but are non-essential to their use. However, without these cookies, certain functionality like videos may become unavailable or you would be required to enter your login details every time you visit the website as we would not be able to remember that you had logged in previously. Most web browsers can be set to disable the use of Cookies. However, if you disable Cookies, you may not be able to access functionality on our website correctly or at all. We never place Personally Identifiable Information in Cookies.

CHANGES TO OUR TERMS & CONDITIONS

You acknowledge and agree that Cosmo Cosmetic Marketplace may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Cosmo Cosmetic Marketplace’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform Cosmo Cosmetic Marketplace when you stop using the Service. You acknowledge and agree that if Cosmo Cosmetic Marketplace disables access to your account, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account.

If we decide to change our Terms & Conditions, we will post those changes on this page, and/or update the Terms & Conditions modification date below.

MODIFICATIONS TO OUR WEBSITE

Cosmo Cosmetic Marketplace reserves the right to modify, suspend or discontinue, temporarily or permanently, the website or any service to which it connects, with or without notice and without liability to you.

UPDATES TO OUR WEBSITE

Cosmo Cosmetic Marketplace may from time to time provide enhancements or improvements to the features/ functionality of the website, which may include patches, bug fixes, updates, upgrades, and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the website. You agree that Cosmo Cosmetic Marketplace has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any features and/or functionalities of the website to you.

You further agree that all Updates will be (i) deemed to constitute an integral part of the website, and (ii) subject to the terms and conditions of this Agreement.

THIRD-PARTY SERVICES

We may display, include, or make available third-party content (including data, information, applications, and other products services) or provide links to third- party websites or services (“Third- Party Services”).

You acknowledge and agree that Cosmo Cosmetic Marketplace shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Cosmo Cosmetic Marketplace does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

TERM AND TERMINATION

Cosmo Cosmetic Marketplace may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice. This Agreement shall remain in effect until terminated by you or Cosmo Cosmetic Marketplace.

This Agreement will terminate immediately, without prior notice from Cosmo Cosmetic Marketplace, if you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the website and all copies thereof from your computer.

Upon termination of this Agreement, you shall cease all use of the website and delete all copies of the website from your computer.

Termination of this Agreement will not limit any of Cosmo Cosmetic Marketplace ‘s rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

INDEMNIFICATION

You agree to indemnify and hold Cosmo Cosmetic Marketplace and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any)

harmless from any claim or demand, including reasonable attorneys’ fees, due to or arising out of your: (a) use of the website; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

NO WARRANTIES

The website is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, Cosmo Cosmetic Marketplace , on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the website, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, Cosmo Cosmetic Marketplace provides no warranty or undertaking, and makes no representation of any kind that the website will meet your requirements, achieve any intended results, be compatible or work with any other software, systems, or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither Cosmo Cosmetic Marketplace nor any Cosmo Cosmetic Marketplace ‘s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the website, or the information, content,

and materials or products included thereon; (ii) that the website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the website; or (iv) that the website, its servers, the content, or e-mails sent from or on behalf of Cosmo Cosmetic Marketplace are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components.

LIMITATION OF LIABILITY

Notwithstanding any damages that you might incur, the entire liability of Cosmo Cosmetic Marketplace and any of its suppliers under any provision of this Agreement and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the website.

To the maximum extent permitted by applicable law, in no event shall Cosmo Cosmetic Marketplace or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the website, third-party software and/or third-party hardware used with the website, or otherwise in connection with any provision of this Agreement), even if Cosmo Cosmetic Marketplace or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

This Agreement, together with the Privacy Policy and any other legal notices published by Cosmo Cosmetic Marketplace on the Services, shall constitute the entire agreement between you and Cosmo Cosmetic Marketplace concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Cosmo Cosmetic Marketplace’s” failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. YOU AND Cosmo Cosmetic Marketplace AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

WAIVER

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right granted herein. In

the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.

ENTIRE AGREEMENT

The Agreement constitutes the entire agreement between you and Cosmo Cosmetic Marketplace regarding your use of the website and supersedes all prior and contemporaneous written or oral agreements between you and Cosmo Cosmetic Marketplace.

You may be subject to additional terms and conditions that apply when you use or purchase other Cosmo Cosmetic Marketplace ‘s services, which Cosmo Cosmetic Marketplace will provide to you at the time of such use or purchase.

UPDATES TO OUR TERMS

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

INTELLECTUAL PROPERTY

The website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Cosmo Cosmetic Marketplace, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded, or distributed in any way, in whole or in part, without the express prior written permission of Cosmo Cosmetic Marketplace, unless and except as is expressly provided in these Terms & Conditions. Any unauthorized use of the material is prohibited.

SUBMISSIONS AND PRIVACY

If you submit or post any ideas, creative suggestions, designs, photographs, information, advertisements, data or proposals, including ideas for new or improved products, services, features, technologies or promotions, you expressly agree that such submissions will automatically be treated as non-

confidential and non-proprietary and will become the sole property of Cosmo Cosmetic Marketplace without any compensation or credit to you whatsoever. Cosmo Cosmetic Marketplace and its affiliates shall have no obligations with respect to such submissions or posts and may use the ideas contained in such submissions or posts for any purposes in any medium in perpetuity, including, but not limited to, developing, manufacturing, and marketing products and services using such ideas.

TYPOGRAPHICAL ERRORS

In the event a product and/or service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any orders placed for the product and/or service listed at the incorrect price. We shall have the right to refuse or cancel any such order whether the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account or other payment account in the amount of the charge.

MISCELLANEOUS

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms & Conditions to be unenforceable, the remainder of these Terms & Conditions will continue in full force and effect. Any waiver of any provision of these Terms & Conditions will be effective only if in writing and signed by an authorized representative of Cosmo Cosmetic Marketplace. These Terms & Conditions (which include and incorporate the Cosmo Cosmetic Marketplace Privacy Policy) contains the entire understanding, and supersedes all prior understandings, between you and Cosmo Cosmetic Marketplace concerning its subject matter and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.