Terms of Service

Please read the following Terms of Service (the "Terms") carefully. By using, accessing, or applying to register with Cosmo, whether or not you create an account with us, you, the property owner ("Owner"), agree to be bound by these Terms.

These Terms apply to you from the date you engage with Cosmo until terminated by one of us per these Terms. These Terms are binding on us from the date we accept your account application.

These Terms incorporate the Privacy Policy listed on our website cosmogroup.io ("Website"), all policies we implement, and any other documents and terms we notify you of from time to time, all of which form the whole Agreement between us ("Agreement"). Accordingly, these Terms will prevail over any other document unless we notify you otherwise to the extent of any inconsistency.

1) About Cosmo

Welcome to Cosmo, a short-term property management app and guest support service. (“Cosmo”). Cosmo is owned and operated by Cosmo AU Pty Ltd (ABN 22 139 144 915), a Melbourne-based company, and its subsidiaries (collectively, the “Company”, “Cosmo”, “we”, “us”, and/or “our”).

Cosmo offers various management services for those renting out properties on a short-term basis (each, a “Property”, and collectively, the “Properties”) to guests (the “Guests”), acting as an intermediary between the Owner and Guests.

Cosmo's role is merely to introduce Owners and Guests (Cosmo Services). Cosmo is not a party to any engagement formed between Owners and Guests and does not have any role or responsibilities apart from what is expressly set out in these Terms. No agency, partnership, joint venture, employment or other similar relationship is created by these Terms or by the nature of any services.

2) Cosmo Accounts

Account creation is initiated during a process that Cosmo refers to as "Onboarding". It involves completing an online form, which provides the Owner with prompts regarding the details of their Property, contact information, and Property specific information, such as the available amenities and Property access procedure.

Each Owner is required to have a user account ("Account") on the Cosmo App ("App"), with which they can manage multiple Properties. Each Owner is limited to one Account. You must apply to register an Account with us and provide all requested personal information before we create an Owner Account. Registration is limited to those aged over 18 and who meet any additional eligibility requirements set by Cosmo, which may include (without limitation) providing current identity documents and police checks together with title searches or other documents evidencing your ownership of the Property. To avoid doubt, Cosmo has no obligation to undertake these checks.

Cosmo is under no obligation to accept an Owner's Account and may accept or decline an Account application at its absolute discretion. No relationship exists between us until we notify you that we have accepted your Account application.

When you provide us with personal information, you undertake that it is accurate, complete, up to date and not misleading.

Owners may not register more than one Account or transfer their Account to someone else. Owners are responsible for maintaining the confidentiality and security of their account credentials and may not disclose their credentials to any person, whether intentionally or recklessly. Owners are liable for activities conducted through their Account and must immediately notify Cosmo if it is suspected that any account credentials have been lost, stolen or an account is otherwise compromised.

Owners can opt for an Account for their housekeeping team. This Account can be provided at the discretion of the Owner. Each Owner is limited to one Account for their housekeeping team.

3) Cosmo Services

A summation of the services provided by Cosmo are as follows:

Listing Optimisation

Once the Owner has completed Onboarding and been accepted by Cosmo, Cosmo will either create or migrate an existing booking platform listing, such as from Airbnb to the App. This includes adding photos to the listing, preparing content, adding parameters, and any other fields essential to the success of the listing as determined at Cosmo's discretion.

Booking Management

Cosmo will handle all bookings from start to finish, including providing check-in information, supporting payment facilitation, collecting booking payouts, and following up with dispute claims.

Marketing and Advertising

Cosmo will handle all marketing and booking acquisition for the Property, including but not limited to advertising, listing optimisation, and search engine optimisation. Cosmo will also handle all booking requests from Guests.

Cosmo App

Subject to Section 6 of the Agreement, 24/7 access to the App is provided to the Owner. The App does not support outdated browsers, Internet Explorer or legacy device software.

Guest Support

Cosmo will handle all communication with potential, current, past, and future Guests. In the event of damages or other issues, Cosmo will handle all communication with the Guest.

Guest Screening

Cosmo will perform due diligence by screening all booking requests. This involves checking government IDs and running checks on the profile of the potential Guest. Note that Cosmo accepts no liability for unsuitable Guests who pass these checks or are involved in any fraudulent behaviour or are otherwise unsuitable for a reason which Cosmo has not had notice.

Dynamic Pricing

Cosmo will utilise internal pricing tools to constantly balance and adjust the Property's nightly rate to capture the optimal revenue where possible.

Housekeeping Coordination (Complete)

Cosmo will arrange and oversee housekeeping for the Property, ensuring it is guest-ready after each stay. This covers essential cleaning, but not deep cleans or owner-specific requests.

Cosmo will also handle linen and towel services as agreed upon during onboarding. While we select reliable providers, we are not liable for issues arising from their work. If a provider becomes unavailable, we will work to find a replacement, but the Property might be temporarily unbookable. We will cover any resulting cancellation fees, but not lost revenue.

Consumables and Provisions (Complete)

Cosmo will provide all necessary consumables, basic toiletries, tea and coffee, spreads and preserves, salt and pepper, UHT milk, and sugar.

Maintenance and Repair Facilitation (Complete)

For urgent maintenance or repairs under AUD $300 that are essential to the delivery of the Services, we may proceed without Owner approval, while still notifying the Owner promptly. In rare emergencies (e.g., locksmiths, plumbers), we might need to exceed this limit without advance notice.

For less urgent issues or those exceeding $300, Cosmo will seek Owner approval before proceeding. Cosmo facilitates the maintenance and repairs, but all associated costs remain the responsibility of the Owner. Cosmo will work to notify and facilitate maintenance and repairs where appropriate, but is not responsible for the quality or delivery of work on the Property.

Market Research Data

The App has the functionality to provide market research data. This data is automatically generated from external third parties, by aggregating publicly available data. Cosmo makes no guarantees as to the accuracy of this data, and it should be used exclusively as a general guide for information purposes. This functionality is subject to ongoing development by Cosmo, and Cosmo makes no guarantees as to the ongoing availability of any particular feature.

All services are provided at Cosmo's discretion with the overarching purpose of mutual benefit for the Owner and Cosmo. Cosmo agrees the Services will be provided in a professional manner and in accordance with generally accepted industry practice and standards.

4) Management Plans

A summation of the management plans provided by Cosmo are as follows:

Collaborate

Collaborate is a collaborative plan offered by Cosmo. Under this plan, the Owner retains responsibility for specific tasks:

• Scheduling and coordinating all housekeeping and maintenance services for the Property

• Directly paying all housekeeping and maintenance service providers

• Providing Cosmo with the exact Housekeeping Fee associated with their housekeeping service

• Notifying Cosmo if the Property becomes unavailable

Cosmo will handle the following services under the Collaborate plan:

• Listing Optimisation

• Booking Management

• Marketing and Advertising

• Cosmo App

• Guest Support

• Guest Screening

• Dynamic Pricing

• Market Research Data

Complete

Complete is a full-service plan offered by Cosmo. Cosmo will handle the following services under the Complete plan:

• Listing Optimisation

• Booking Management

• Marketing and Advertising

• Cosmo App

• Guest Support

• Guest Screening

• Dynamic Pricing

• Housekeeping Coordination

• Consumables and Provisions

• Maintenance and Repair Facilitation

• Market Research Data

Collaborate and Complete are both made available subject to ongoing development by Cosmo. Cosmo makes no guarantees as to the ongoing availability of any particular feature. Services may be added, removed or amended without any notice to you.

5) Fees

Cosmo charges a once-off fee ("Onboarding Fee") as part of the Onboarding process for the Complete plan. This fee is outlined during Onboarding and must be paid prior to the commencement of services. This fee is not refundable. In lieu of an upfront payment, Cosmo may agree for an Owner to have their Onboarding Fee deducted from their disbursements over a period of time agreed by Cosmo, with no out-of-pocket expense for the Owner. This fee is not applicable to the Collaborate plan.

The Onboarding Fee may be waived if Cosmo determines the Property is already optimised for short-term rental and has an existing listing on a third-party platform.

In the event that the Management Application is declined by Cosmo, the Onboarding Fee will be refunded in full to the Owner.

Cosmo also charges a fixed management fee ("Management Fee") for the ongoing management and services provided to the Owner for their Properties. The Management Fee is deducted from the total booking amount ("Booking Revenue") collected by Cosmo on a monthly basis. Unless otherwise agreed or advised, the Management Fee is as follows:

• 10% of Booking Revenue, plus goods and services tax, for Collaborate.

• 20% of Booking Revenue, plus goods and services tax, for Complete.

Cosmo collects all fees paid by Guests and disburses them in the following order of priority:

• Payment of Management Fees and Onboarding Fees due to Cosmo

• Payment of any third-party fees

• Balance to the Owner

A statement will be sent at the end of each calendar month, or as otherwise decided, detailing the receipt and payment of fees paid by Guests.

Generally, all payments made to Cosmo are non-refundable, and there are no refunds or credits for partially used periods. We may make an exception if the Australian Consumer Law requires a refund in the circumstances. We will not be able to offer you a refund if you have breached our Terms or any policies or if you change your mind.

6) Licence and App

The App is an online application available from any web browser that provides data and metrics regarding Guests and Properties. The App acts as an aggregator by connecting all internal and external data sources.

Cosmo grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable licence to access and use the App. This licence is for the sole purpose of letting you use and enjoy the benefits of the App as intended by Cosmo and permitted by these Terms.

You may not disassemble or decompile, reverse engineer or otherwise attempt to discover any source code contained in our App. Without limitation, this means that you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of our App (other than your own content). Furthermore, when you give us content, you grant us and represent that you have the right to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any and all copyright, publicity, trademarks, design, database and intellectual property rights to that content, in any media whether now known or to be discovered in the future including, without limitation, on any third-party platforms and media channels.

We cannot guarantee that your use of our App will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the App or any part(s) of its functionality for indefinite periods without notice to you.

You may use the app to adjust your Property's availability, whether for Owner use or maintenance. Owners are responsible for any cancellation fees incurred as a result of blocking out dates for personal use, or non-emergency maintenance, if bookings are cancelled as a result. Cosmo firmly requests more than 72 hours' advance notice for any Owner use or maintenance.

Cosmo reserves the right to limit service offerings to specific geographical areas.

7) Property Amenities

For Cosmo to consistently deliver high-quality experiences to the Guest, the Property must meet our minimum property standards concerning the amenities physically provided as outlined below.

Cosmo may update these requirements from time to time.

8) Owner Warranties

At the time of registering an Account, the Owner warrants to Cosmo that:

• They hold the title in the Property and are authorised to enter into these Terms, including where necessary, seeking consent from their mortgagee.

• They have the legal right, ownership, and title to meet the Terms to rent out the Property.

• They will promptly make all payments in respect of the Property, including but not limited to the agreed Management Fee, Onboarding Fee, and any other invoices that are essential to the delivery of services by Cosmo. This includes, but is not limited to, the payment of utility, rent, insurance, and upkeep costs incurred by the Owner.

• They will reimburse Cosmo fully for any additional expenses incurred, where applicable, such as cleaning, repairs, maintenance, and replacements.

• The Property meets all regulatory requirements in order to be rented out as a short-term property, including but limited to meeting all strata by-laws, council regulations, and local restrictions.

• The Property meets all safety regulations and that all necessary safety equipment has been provided.

• All relevant insurances for the Property have been taken out and are up-to-date.

• In the event that Cosmo receives any claim, penalty, or fine (together ‘Action') as a result of any breach of any by-law, regulation, local restriction, or law, the Owner will take over and manage any such claim or Action at their own cost and expense except to the extent that Cosmo's negligence has caused or contributed to the Action.

• They will keep the Property to a quality standard at all times, including ensuring sheets, towels, bedding, and other linens are maintained and replaced on a regular basis, and any repairs or replacements of broken or damaged items, fixtures, and fittings are carried out promptly, where applicable and otherwise agreed. This includes all required tasks outside of the Services provided by Cosmo that are essential to continuing service at the Property.

• Deep cleaning of the Property will be done from time to time and is not less than once per year, including all carpets and floor coverings.

• The Property's contents and condition are recorded and monitored by the Owner independently, and any issues will be reported to Cosmo, where applicable, to seek resolution with the Guest.

• They have sought taxation advice in relation to the income to be derived as a result of the Cosmo Services.

If any of these warranties become inaccurate, incomplete or misleading at any time for the duration of the term, the Owner must notify Cosmo.

9) Condition of Property

The Owner agrees that they have inspected the property and have agreed on the condition that meets the terms of Warranties set out in Section 8 of the Agreement.

Any Property issues, including marks, stains and damage, have been recorded by the Owner and will be monitored for repair or replacement to ensure the Property is maintained in a suitable condition and in accordance with the Warranties.

The Owner agrees to inspect the Property no less than annually and confirm the condition rating. Any Property issues, repairs, or replacements will be communicated with Cosmo in the event that they could impact the delivery of the Services.

10) Limitation of Liability

You expressly agree that your use of, or inability to use, the App is at your sole risk.

The App and products and services delivered to you via the App are provided ‘as is' and ‘as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, quality, due care and skill, fitness for a particular purpose, durability, title, and non-infringement except to the extent that those warranties cannot be excluded under law.

We do not warrant that the quality of any listings, services, or information purchased or obtained via the App will meet your expectations or that Cosmo will correct any errors. We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Guest, third-party or Cosmo Service. We exclude all warranties and representations of any booking levels that Cosmo will achieve via the App or from the Services.

In this section Cosmo includes its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors.

Loss includes injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise.

To the maximum extent permissible by law:

• without limitation, you release Cosmo from any responsibility or liability in respect of our services and any Loss arising from any delays, failure or negligence in relation to the delivery of the Cosmo Services;

• Cosmo's liability to you is limited to reperforming the Cosmo Services set out in these Terms or the cost of having those Services performed again as mutually agreed between Cosmo and the Owner;

• Cosmo will not be liable for any delay or failure to perform our obligations if such delay is due to any circumstances beyond our reasonable control;

• Cosmo are not liable for any Loss arising from any delays or failure in relation to delivery of the Cosmo Services, your use of any of the App or any products, services or information procured using the App, or for any other claim related in any way to your use of the App or any services, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content or product posted, transmitted, or otherwise made available via the App, even if we are made aware of their possibility; and

• you agree to indemnify, defend and hold harmless Cosmo from any claim or demand, including legal fees:

• arising from your engagement with a Guest;

• where made by any third-party;

• arising out of your breach of these Terms or the documents they incorporate by reference;

• arising out of a breach of warranty given by you, or that warranty being or becoming inaccurate, incomplete or misleading; and/or

• arising out of your breach of any law or the rights of a third-party.

Cosmo is responsible for the performance of their duties, as outlined in the Services, and is at no time responsible for activities that may occur during any tenancy, nor any deterioration in the condition of the Property at any time.

Cosmo uses third-party platforms, such as Airbnb, to provide key functionality to the App and to handle distribution, marketing, and communication services. Cosmo also works with third-party service providers, where necessary or advised, to handle housekeeping, laundry services, maintenance services, and house-key handoff services. These parties are engaged by Cosmo and you do not have any contractual relationship with them.

11) Disputes

Feedback and discussion are important to the delivery of the Services, and it is up to the Owner to provide such feedback to allow Cosmo to resolve any issue quickly and effectively.

If at any time any aspect of the Services is not reasonably acceptable to the Owner, or both parties disagree on the quality or substance of the services, or both parties disagree for any reason on the Services, the Owner will immediately notify Cosmo of any such reason, the specifics and will provide a reasonable opportunity for Cosmo to respond and address any concerns.

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Owner and Cosmo. Therefore, at no time will any communications or discussions be made public, including but not limited to any social media websites. Any public discussion or comments about either party are considered defamatory, harmful, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

In the event of any dispute on the work, quality, Services, or Property that cannot be resolved, both parties agree that the matter will be referred to the Australian Commercial Disputes Centre to be resolved in accordance with their guidelines which are incorporated into these Terms by reference. Both parties agree to attend mediation before resorting to instituting any legal or court proceedings.

Time is of the essence in resolving disputes with us. This clause shall not prevent either party from seeking urgent, injunctive relief.

If you have a dispute with any Guest or third-party in the course of us providing our services, you release us (and our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers and licensors) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known or unknown, arising out of or in any way connected with such disputes.

Cosmo has no obligation to any Owner or any other person to assist or involve itself in any dispute between them, although may do so to improve Owner experience. Where it does so, Cosmo's involvement is on a no-liability basis and it may withdraw that assistance at any time.

12) Termination

If either party breaches any of the provisions outlined in these Terms, the non-breaching party must provide the breaching party with written notice to remedy the breach. Without limitation to the non-breaching party's rights and remedies available at law and equity, the non-breaching party may cease performance of their obligations under these Terms whilst a breach is subsisting; and/or if a breach is not remedied within fourteen days of the written notice to remedy, the non-breaching party may terminate their Agreement in writing to the other.

Either the Owner or Cosmo can terminate these Terms by giving ninety (90) days written notice to the other. If the Owner wishes to terminate the Agreement, they must complete the Termination of Management form, which can be found at https://forms.cosmogroup.io/offboarding

On termination, all outstanding Management Fees, payments and expenses become immediately due and payable to Cosmo. Termination does not operate as a merger of any of the rights and remedies of the parties under these Terms.

13) General

If either party breaches any of the provisions outlined in these Terms, the non-breaching party must provide the breaching party with written notice to remedy the breach. Without limitation to the non-breaching party's rights and remedies available at law and equity:

Governing Law

The Agreement is governed by the law in force in the State where the Property is located and both parties agree to unconditionally submit to the exclusive jurisdiction of their Courts for determining any dispute concerning these Terms.

Variations

We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on our website. It is your responsibility to check the Terms currently in place and ensure your continuing willingness to be bound by them. Your continued use of the App and the Services will be deemed acceptance of the updated Terms.

Assignment

An Owner may not assign, transfer or delegate this agreement or its rights and obligations hereunder without the prior written consent of Cosmo. Cosmo may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion. If we do so, we will post notice on our website.

Notices

Any notices that need to be given to you will be sent to the email address registered to your account. You can give us notices using our contact methods listed on our website.

Survival

The provisions of these Terms which by their nature are intended to survive termination shall not merge and will survive termination.

Severability

If any of the provisions of these Terms are deemed illegal or unenforceable, they shall be severed for that jurisdiction without affecting the enforceability of the remainder of the provisions.

Notices and Changes

1. Improved clarity of Owner responsibilities and obligations for the Collaborate plan on the 2nd of August 2024.
2. Added an AUD $300 limit for urgent maintenance or repairs without Owner approval for the Complete plan on the 2nd of August 2024.
3. Added the informational 'Notices and Changes' section on the 22nd of February 2024. We will hereafter publish any changes to these Terms on our website, excluding formatting or other non-material changes.
4. The Collaborate "Management Fee" was changed to 10% and the "Onboarding Fee" was removed for new Collaborate management plans on the 22nd of February 2024.
5. The "Setup Fee" was renamed to "Onboarding Fee" on the 24th of May 2023, and has been active for 576 days.
6. This policy was renamed from "Terms of Management" to "Terms of Service" on the 1st of January 2023.
7. The required notice for Termination (Section 12) was extended from thirty (30) days to ninety (90) days on the 21st of February 2022.