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.
1) About Cosmo
Welcome to Cosmo, a short-term property management platform 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 maintain the platform 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 Platform ("Platform"), 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:
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 Platform. 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.
Marketing & Booking Acquisition
Cosmo will handle all marketing and acquisition of guests by utilising Social Media, paid advertising, and other methods at Cosmo's discretion.
Subject to Section 6 of the Agreement, 24/7 access to the Platform is provided to the Owner. The Platform does not support outdated browsers, Internet Explorer or legacy device software.
Cosmo will aggregate all booking and financial data for the Owner within the Platform to provide a clear overview of earnings and booking activity.
Cosmo will handle all communication with potential, current, past, and future Guests.
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.
Cosmo will handle all bookings from start to finish, including providing check-in information, supporting payment facilitation, collecting accommodation fares, and following up with dispute claims.
Cosmo will utilise internal pricing tools to constantly balance and adjust the Property's nightly rate to capture the optimal revenue where possible.
Cosmo will handle all essential cleaning of the Property upon Guest departure to the extent that it is suitable for another guest; this does not include deep cleaning for the Owner or any other cleaning measures that are not essential to practical guest standards.
Cosmo will provide bedding, towels, and other required linen as part of the Housekeeping process.
Cosmo will provide all necessary consumables, basic toiletries, tea and coffee, spreads and preserves, salt and pepper, UHT milk, and sugar.
With Owner approval, Cosmo can work with local service providers to resolve maintenance issues. All such maintenance must be completed at the Owner's cost, expense and decision. Cosmo acts as a facilitator and does not have any responsibility for the maintenance.
Market Research Data
The Platform has the functionality to provide market research data, utilising the "Single" and "Markets" functions respectively. 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.
All services are provided at Cosmo's discretion with the overarching purpose of mutual profitability 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.
A summation of the plans provided by Cosmo are as follows:
Collaborate is a collaborative plan offered by Cosmo. It provides the following services:
• Listing Setup
• Marketing & Booking Acquisition
• Cosmo Platform
• Investment Tracking
• Guest Communication
• Guest Screening
• Booking Facilitation
• Adaptive Pricing
• Dispute Resolution
Complete is a full-service plan offered by Cosmo. It provides the following services:
• Listing Setup
• Marketing & Booking Acquisition
• Cosmo Platform
• Investment Tracking
• Guest Communication
• Guest Screening
• Booking Facilitation
• Adaptive Pricing
• Dispute Resolution
• Linen Provision
• Consumables Provision
• Maintenance Facilitation
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.
Cosmo charges a once-off fee ("Onboarding Fee") as part of the Account creation process. 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 the booking accommodation fares collected by Cosmo over a period of time agreed by Cosmo, with no out-of-pocket expense for 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 all booking accommodation fares collected by Cosmo on a monthly basis. Unless otherwise agreed or advised, the Management Fee is as follows:
• 14%, plus goods and services tax, for Collaborate.
• 20%, 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 Platform
The Platform is an online application available from any web browser that provides data and metrics regarding Guests and Properties. The Platform 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 Platform. This licence is for the sole purpose of letting you use and enjoy the benefits of the Platform 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 Platform. Without limitation, this means that you agree not to reproduce, copy, sell, resell, or exploit for any purposes any aspect of our Platform (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 Platform will be uninterrupted, timely, secure or error-free. There are instances where we may need to remove the Platform or any part(s) of its functionality for indefinite periods without notice to you.
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.
|ALL||Tested and Approved Smoke Detectors|
|ALL||Smart Locks and Security Systems|
|Kitchen||Cutlery & Crockery|
|Kitchen||Dishwasher or Dish Rack|
|Kitchen||Rubbish & Recyling Bins|
|Bedrooms||Bed Linen & Inserts|
|Bedrooms||Pillows & Throws|
|Bedrooms||Mattress with Mattress Cover/Protector|
|Bedrooms||Bedside Table/Nightstand & Lamps|
|Bedrooms||Portable Fan/Heater (if no A/C)|
|Bedrooms||Closet or Drawers|
|Living and Dining Rooms||Dining Table & Chairs|
|Living and Dining Rooms||Coffee Table|
|Living and Dining Rooms||Couch & Throw Pillows|
|Living and Dining Rooms||Smart TV|
|Living and Dining Rooms||WiFi Modem or Router|
|Living and Dining Rooms||Placemats & Pads|
|Living and Dining Rooms||Lamp|
|Bathrooms||Towel Rack or Wall Hook|
|Laundry||Dryer or Drying Rack|
|Laundry||Iron & Ironing Board|
|Laundry||First Aid Kit|
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 Platform is at your sole risk.
The Platform and products and services delivered to you via the Platform 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 Platform 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 Platform 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 Platform or any products, services or information procured using the Platform, or for any other claim related in any way to your use of the Platform 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 Platform, 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 Platform 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.
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.
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.
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.
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 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.
We reserve the right at all times to make changes to these Terms. Any variations to these Terms will take effect from posting on the Platform. It is your responsibility to check the Terms currently in place and ensure your continuing willingness to be bound by them. If you do not agree to the Terms, you should not use the Platform.
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.
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.
The provisions of these Terms which by their nature are intended to survive termination shall not merge and will survive termination.
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.
Cosmo AU Pty Ltd — ABN 22 139 144 915.
Last updated: 1 March 2023