Article 1 – Definitions
In order to clarify the use of the App and the Platform, this article defines important terms and concepts. These terms are intended to provide consistency and give users a better understanding of the services and functionalities offered.
1. Account The personal profile created by a user to access the services and functionalities of the App and the Platform. Users manage their digital wardrobe, preferences and settings in the App through their account.
2. General Terms and Conditions B2C This document sets out the rules and arrangements applicable to the use of the App and the Platform. By using COSH!, the user fully accepts these terms and conditions.
3. App The mobile application “COSH!”, developed by The Acquired and COSH!. It enables users to discover sustainable brands, stores and products, manage their wardrobe digitally, and compile personalised shopping routes.
4. Bug A technical problem or error in the App that may affect its functionality or performance. Examples include non-functioning buttons or error messages during use.
5. COSH! Index A rating developed by COSH! to evaluate the impact themes of brands, stores and products. This score is based on objective criteria such as material use, production processes and social impact. It helps users make informed choices.
6. COSH! CoCre8 Good Life BV, a Belgian company with its registered office in Bruges. COSH! is the operator of the App and the Platform, and focuses on promoting more sustainable fashion.
7. Consumer A natural person who uses the App or the Platform for personal, non-commercial purposes, in accordance with these General Terms and Conditions.
8. Content All information available on the App and the Platform, such as texts, images, videos and databases. Content is the property of COSH! or its licensors and is protected by intellectual property rights.
9. Services All functionalities offered by COSH! via the App and the Platform, including:
- Managing a digital wardrobe.
- Providing information on various impact themes.
- Compiling personalised shopping routes.
10. Email Crawler An optional feature that analyses purchase confirmations from emails and automatically adds garments to the App. This saves time and gives Users a complete overview of their wardrobe.
11. Feedback Suggestions or comments voluntarily submitted by Users to improve the services or functionalities of COSH!. This feedback is used to optimise the user experience.
12. User Anyone who uses the App or the Platform, regardless of whether this occurs on a personal, commercial or other basis.
13. Intellectual Property Rights Rights such as trademarks, logos, copyrights and databases that are the property of COSH! or its licensors. Users may not infringe these rights.
14. Brand A producer or supplier of clothing, accessories or other products presented via the Platform. Brands are displayed as a result of paying memberships of local entrepreneurs.
15. Maintenance Works Planned or unplanned actions taken by COSH! to improve the functionality, security or performance of the App and the Platform. Access may be temporarily restricted during these works.
16. Force Majeure Unforeseeable circumstances beyond the control of COSH!, such as natural disasters, pandemics, or technical failures, which may delay or prevent the fulfilment of obligations.
17. Partner Store A physical or online store that collaborates with COSH!. Products from some of these stores may, with your consent and following your purchase, be added to the digital wardrobe in the App. Partner stores are often directly accessible via personalised routes in the App and the Platform.
18. Personal Shopping Route A tool within the App and the Platform that enables Users to compile a route to more sustainable stores, based on their preferences and location.
19. Platform The ecosystem of digital tools offered by COSH!, including the App, the Website (https://cosh.eco), and linked systems.
20. Advertising Expressions Promotional messages and advertisements displayed within the App or the Platform. These are relevant to Users with an interest in more sustainable products such as fashion and other lifestyle products. These are indicated on the Platform as member publicity.
21. Retailer Any physical or online store that offers products or services via the Platform. COSH! works with retailers that contribute to a more sustainable fashion industry and/or a lifestyle with less plastic.
22. Software The technology, algorithms and code that support the App and the Platform. COSH! continues to improve the software in order to offer new functionalities and an optimal experience.
23. Support Assistance provided by COSH! to Users via email or other channels. Users can turn here with questions or technical problems.
24. Technical Data Non-personal data collected during use of the App, such as device type and error messages. This data is used to improve the performance of the App.
25. Update A new version of the App or the Platform that improves existing functionalities or adds new features. Users are encouraged to keep their App up to date.
26. Indemnification Users undertake to protect COSH! against claims, costs or losses arising from a breach of the General Terms and Conditions.
Article 2 – Subject Matter
This article describes the purpose and scope of the App and the Platform. COSH! strives to support Users in making informed, sustainable choices in a user-friendly and transparent manner.
1. Description of the App and the Platform
The App and the Platform are operated by CoCre8 Good Life BV, established in Bruges, Belgium. COSH! provides a digital ecosystem in which Users:
a. Gain insight into more sustainable brands, stores and how to deal more sustainably with products The Platform presents carefully selected brands and stores that contribute to a more social, circular and/or regenerative economy. Users can easily find information on sustainability scores and the social and ecological impact of brands.
b. Manage a digital wardrobe Users can upload, organise and analyse their garments. This helps them to be more mindful about their wardrobe and avoid unnecessary purchases.
c. Compile personalised shopping routes Based on location and preferences, the App and the Platform offer Users tailor-made routes to more sustainable local entrepreneurs, ateliers and stores, both physical and online.
2. Applicability of the General Terms and Conditions
a. General These General Terms and Conditions apply to all interactions between COSH! and Users of the App and the Platform. By browsing the Website and/or downloading, installing or using the App, the User agrees to these terms and conditions.
b. Supplementary conditions Additional terms and conditions may apply to specific functionalities or services within the App. These will be clearly communicated before Users activate the feature.
c. Amendments to the terms and conditions COSH! reserves the right to amend these terms and conditions. In the event of significant changes, Users will be informed at least 30 days in advance via the App, email or Website. Users who do not agree may terminate their account.
3. Contact Information
Users can reach COSH! for questions, comments or complaints via the following channels:
- Email: info@cosh.eco
- Telephone: +32 486 23 32 46
- Postal address: Bergjesbos 19, 8310 Bruges, Belgium
4. Compliance with Legislation
a. Belgian and European legislation The App and the Platform have been developed in compliance with Belgian and European regulations, including the GDPR. User rights, such as data protection and the right of withdrawal, are fully respected.
b. International Users Users outside Belgium are themselves responsible for complying with their local legislation. COSH! does not guarantee that the App and the Platform fully comply with statutory requirements in other countries.
5. Core Functionalities of the App
The App offers Users a wide range of services and tools, including:
- Sustainability information: An overview of stores, brands and products, and their COSH! Store or brand indices.
- Digital wardrobe: Tools to manage, organise and analyse garments.
- Personalised shopping routes: Routes to sustainable stores based on preferences and location.
6. Transparency and Accessibility
COSH! strives for transparent communication and a positive user experience:
a. Access to terms and conditions The most recent version of the General Terms and Conditions is always available via the App and the Website. Users are encouraged to consult these regularly.
b. User experience COSH! continues to invest in technological improvements and functionalities to make the App and the Platform more intuitive and user-friendly.
Article 3 – Services
The App and the Platform offer Users a wide range of services and functionalities aimed at promoting more sustainable choices and a more conscious lifestyle. This article provides an overview of the services offered, optional functionalities, and the responsibilities of both COSH! and the User.
1. Overview of Services
The App and the Platform offer the following core functionalities:
a. Wardrobe management Users can create a digital wardrobe in which they upload, organise and analyse garments. This is done on the basis of characteristics such as brand, category, colour and date of purchase. The aim is to provide insight into the use of existing clothing and to encourage mindful purchases.
b. Sustainability information The App provides detailed information on more sustainable brands and products. Users have access to:
- COSH! index: Ratings based on objective criteria across 7 impact themes such as material use, production processes and social impact. For more detail: https://cosh.eco/nl/faq/hoe-werkt-cosh-brand-index
- Availability: Overview of locations (physical and online) where more sustainable products are for sale.
- More circular fashion practices: Information and tips for a more mindful approach to fashion.
- More waste-free and plastic-free choices: Information and tips for making more informed choices regarding items that release microplastics.
c. Personal Shopping Route An advanced tool that enables Users to compile routes to more sustainable stores, tailored to their location, preferences and specific needs.
d. Filter options The App and the Platform offer extensive search and filter capabilities enabling Users to find more sustainable stores and their brands based on criteria such as price, product type, COSH! index and location.
2. Additional Functionalities
In addition to the core functionalities, COSH! offers optional tools that further enrich the user experience:
a. Email Crawler An optional feature that analyses invoices and/or receipts from Shopify, WooCommerce, Tilroy and Lightspeed via email. This allows previously purchased garments to be automatically added to the digital wardrobe.
b. Automatic Integration New purchases from a selection of affiliated partner stores are automatically added to the wardrobe, enabling Users to maintain a complete overview of their wardrobe.
c. Combine Before You Buy An innovative feature that shows Users how new purchases match the existing contents of their digital wardrobe. This helps prevent impulsive or unsustainable purchases.
3. Limitations and Exclusions
Although COSH! strives for an optimal user experience, certain limitations apply:
a. As-is basis The services are provided as-is. COSH! offers no guarantees as to the accuracy or suitability of the information provided via the App.
b. External information sources COSH! is not responsible for incorrect or outdated information provided by external parties, such as brands or retailers.
c. Functional changes COSH! reserves the right to modify, restrict or temporarily interrupt services and functionalities due to technical or operational circumstances.
4. Access to Services
Access to the services offered is subject to certain conditions:
a. Technical requirements Some services require an active internet connection or compatible hardware. Users are themselves responsible for ensuring compatibility and connectivity.
b. Temporary suspension COSH! may temporarily suspend access to services for maintenance work or updates. Users will be informed in advance, unless urgency is required.
5. Transparency Regarding Ranking
The order in which brands and retailers are displayed on the Platform and/or in the App is determined by several factors:
- COSH! index: Brands with higher scores are displayed more prominently on the Platform.
- Membership level: Partner stores participating in paid packages may receive a higher ranking.
- User preferences: Filters (location, city, product types, etc.) and search queries by Users influence the results.
6. User Responsibilities
Users are responsible for the following:
- Correct use: The services must be used as described in these terms and conditions. Incorrect use may result in suspension or termination of access.
- Maintenance of own equipment: Users ensure they have suitable devices, software and a stable internet connection.
7. Support
Users with questions, comments or technical problems can contact COSH! via:
- Email: info@cosh.eco
- Support hours: Monday to Friday, 09:00 to 17:00 (Brussels time). (Not on public holidays)
Article 4 – Account Management
In order to access specific services and functionalities of the App, Users must create an account. This article describes the terms, responsibilities and options relating to account management.
1. Registration and Account Information
a. Registration process Users must create an account to access certain features of the App, such as the digital wardrobe and personalised shopping routes. The registration process requires the provision of correct and current information.
b. Required data The following data is requested during registration:
- First and last name.
- A valid email address.
- A secure password.
- Year of birth
c. Acceptance by COSH! COSH! reserves the right to refuse registration requests if there is reasonable suspicion of abuse, incorrect information, or other violations of these General Terms and Conditions.
2. Responsibility for Account Use
a. Access to the account Users are themselves responsible for all activities carried out via their account. It is important to keep login credentials secure and not to share them with third parties.
b. Duty to report misuse If Users suspect that their account is being misused, they must notify COSH! immediately at info@cosh.eco.
3. Account Security
a. Technical security measures COSH! implements technical and organisational measures to protect accounts against unauthorised access, such as:
- Password encryption.
- Limited access to user data.
b. User responsibility Users are advised to use strong, unique passwords and to change these regularly.
4. Suspension or Termination of Accounts
a. Grounds for suspension or termination COSH! may temporarily suspend or permanently terminate an account in the following circumstances:
- Breach of these General Terms and Conditions.
- Fraud, hacking or other illegal activities.
- Provision of incorrect or misleading information.
b. Notification to Users Users will be notified in advance of the reason for suspension or termination, unless urgent circumstances require immediate action.
5. Account Inactivity
a. Definition of inactivity Accounts that have not been used for 24 months are considered inactive.
b. Procedure in case of inactivity Users will receive a warning and have 30 days to log in again before the account is terminated.
6. Account Deletion
a. Deletion by the User Users may delete their account at any time via the settings in the App or by contacting COSH!.
b. Consequences of deletion Following deletion, all personal data will be permanently erased, except where legislation or regulations require COSH! to retain certain data for a longer period.
7. Support for Account Management
Users can contact COSH! for assistance with managing their account. Available channels:
- Email: info@cosh.eco
- Support hours: Monday to Friday, 09:00 to 17:00 (Brussels time). (Not on public holidays)
Article 5 – User Obligations
COSH! strives for a positive and safe user experience. This article describes the responsibilities of Users when using the App and the Platform, as well as the rules of conduct that apply.
1. General Responsibilities
Users of the App and the Platform undertake to:
a. Personal use Use the App exclusively for personal, non-commercial purposes, in accordance with these General Terms and Conditions and applicable laws and regulations.
b. Accurate information Provide correct and current information when creating an account and during use of the App.
c. Respectful conduct Treat COSH! and other Users with respect and act in accordance with generally accepted standards of decency and conduct.
2. Prohibited Acts
Users are strictly prohibited from:
a. Distributing harmful software Uploading viruses, malware or other harmful technologies that may disrupt the operation of the App or the Platform.
b. Unauthorised use Using the App or the Platform for illegal activities, such as phishing, hacking or infringing the intellectual property rights of third parties.
c. Sharing harmful content Disseminating content that is discriminatory, offensive, defamatory, obscene or harmful to COSH!, other Users or third parties.
d. Copying data or content Scraping, copying or commercially exploiting information from the App or the Platform without permission.
e. Circumventing security measures Manipulating or bypassing the technical security of the App or the Platform.
3. Responsibility for Content
Users who upload, share or enter content via the App warrant that:
a. Ownership or rights are present They are the lawful owner of the content or hold all necessary rights to share it.
b. Third-party rights are not infringed The content does not infringe intellectual property rights, privacy rights or other rights of third parties.
c. Indemnification of COSH! COSH! is indemnified against claims arising from content shared by Users.
4. Responsibility for Use
Users are responsible for:
a. Suitable equipment Using suitable hardware, software and a stable internet connection to access the App or the Platform.
b. Correct use of features Using the functionalities of the App and the Platform correctly and in accordance with the guidelines.
5. Sanctions for Violations
In the event of violations of these terms and conditions, COSH! reserves the right to take appropriate measures, including:
a. Warning – issuing a warning to the User. b. Suspension of the account – temporary suspension of access to the App. c. Termination of the account – permanent exclusion of the User from the App. d. Legal action – taking legal steps, including claiming damages.
6. Cooperation in Investigations
Users undertake to cooperate with COSH! in investigations into possible violations of these General Terms and Conditions. This includes:
- Providing additional information.
- Clarifying specific actions.
7. Indemnification
Users indemnify COSH! against claims, demands, losses, costs or damages arising from:
a. Violations of the terms and conditions – by the User themselves. b. Unlawful use of the App – or infringement of intellectual property rights or other rights of third parties by uploaded content.
8. Complaints about User Conduct
Users may submit complaints about the conduct of other Users via:
- Email: info@cosh.eco
COSH! will investigate the complaint and take appropriate measures.
Article 6 – Termination of Accounts or Services
COSH! offers Users the option to terminate their account and reserves the right to suspend or terminate accounts in certain cases. This article describes the procedures, responsibilities and consequences of termination.
1. Termination by the User
a. Request for termination Users may terminate their account at any time by submitting a request via:
- Email: info@cosh.eco
b. Deletion of data Following termination of the account, all personal data of the User will be permanently deleted within 30 days, with the exception of data that must be retained pursuant to statutory obligations.
2. Termination by COSH!
a. Grounds for termination COSH! reserves the right to temporarily suspend or permanently terminate an account in the following cases:
- Breach of these General Terms and Conditions.
- Fraudulent or harmful use of the App or the Platform.
- Statutory requirements or orders from competent authorities.
b. Duty of notification COSH! will notify the User in writing of the reason for termination and the date on which the termination takes effect.
3. Termination Procedure
a. Information to the User Upon termination of the account, COSH! will inform the User in writing of:
- The reason for termination.
- The date on which the account is terminated or suspended.
b. Right to remedy Users are entitled to an explanation and, where applicable, to restoration of access to their account following correction of the issue that led to termination.
4. Consequences of Termination
a. Deactivation of account Following termination, all account functionalities will be deactivated, and Users will no longer be able to access their data or the App, or their personal account on the Website.
b. Retention of data Data will only be retained to the extent required by law, for example for tax purposes or legal obligations.
5. Suspension of Services
a. Grounds for suspension COSH! may temporarily suspend specific services in the following cases:
- Maintenance work on the App or the Platform.
- Technical failures or security issues that need to be resolved.
b. Notification of suspension Users will be informed of planned suspensions or interruptions, unless the situation is urgent.
Article 7 – Hyperlinks and Third-Party Sites
The App and the Platform may contain references to external websites and platforms operated by third parties. This article explains how these hyperlinks operate, the responsibilities of Users, and the role of COSH! with regard to this external content.
1. References to External Websites
a. Hyperlinks in the App The App and the Platform may contain links to external websites and platforms, such as:
- Partner stores and brands.
- Information sources on sustainability.
- Social media channels.
b. Informational purposes These hyperlinks are provided exclusively for informational and user-friendly purposes. COSH! provides no guarantees with respect to the content, reliability or availability of these external websites.
2. Limitation of Liability
a. No responsibility for external content COSH! is not responsible or liable for:
- The content, functionality or security of external websites.
- Any damage arising from the use of these websites.
b. Privacy policies of third parties COSH! cannot guarantee that external websites comply with the same privacy and security standards. Users are advised to carefully review the privacy policy and terms and conditions of these websites before proceeding.
3. Users’ Own Responsibility
a. Risk of use Following hyperlinks to external websites is entirely at the User’s own risk. COSH! cannot vouch for the accuracy, relevance or security of external content.
b. Safe use Users are encouraged to open only trusted links and to refrain from sharing their personal data on external websites.
4. Links to the App or Website
a. Permission for hyperlinks Third parties may place a hyperlink to the App or Website, provided that:
- This is done for non-commercial purposes.
- COSH! grants prior written consent.
b. Right of withdrawal COSH! reserves the right to withdraw this permission at any time and to take legal action against unauthorised use.
5. COSH!‘s Social Media Channels
a. Official accounts COSH! maintains official accounts on social media platforms such as Facebook, Instagram and LinkedIn. Users are invited to actively participate and engage with COSH!.
b. Limited liability COSH! is not responsible for content, reactions or messages posted by third parties on these platforms. Users must also respect the general guidelines and terms and conditions of the respective platforms on social media.
6. Reporting Problematic Links
a. Reporting suspicious or incorrect links Users who encounter harmful, incorrect or suspicious hyperlinks in the App or on the Platform may report these via:
- Email: info@cosh.eco
b. Investigation and action COSH! will investigate the report and, where necessary, take action, such as removing or amending the hyperlink.
7. Control and Maintenance of Hyperlinks
a. Regular checks COSH! performs periodic checks to ensure that hyperlinks on the App and the Platform are current and functional.
b. Right to amend COSH! reserves the right to amend or remove hyperlinks without prior notice to Users.
Article 8 – Access to and Availability of the App and the Platform
COSH! strives to provide a reliable and accessible experience for all Users of the App and the Platform. This article describes the conditions and limitations relating to access and availability of the App and the Platform.
1. General Accessibility
a. Continuity of services COSH! strives to keep the App and the Platform accessible 24/7. Access may, however, be temporarily restricted in the following situations:
- Planned maintenance works.
- Technical failures beyond the control of COSH!.
- Unforeseeable circumstances, such as force majeure.
b. Timely communication Users will be informed in advance of planned maintenance works via notifications in the App, on the Website or by email, unless urgency is required.
2. Access Conditions
a. Technical requirements Users must have:
- A compatible device meeting the technical requirements of the App.
- A stable internet connection with sufficient speed.
- Up-to-date software to make optimal use of the App and the Platform.
b. Restrictions in case of misuse COSH! reserves the right to restrict or refuse access in the following cases:
- Breach of the General Terms and Conditions.
- Suspicion of fraudulent or misleading use of the App or the Platform.
3. Maintenance and Updates
a. Regular updates COSH! performs regular updates and maintenance to:
- Improve the functionality and security of the App.
- Ensure compatibility with new devices and operating systems.
b. Temporary restrictions During maintenance works, the App may be temporarily unavailable. COSH! strives to minimise the impact on Users.
c. Encouragement to update Users are encouraged to always install the latest version of the App. Older versions may in time no longer be supported.
4. Responsibility for Equipment and Connection
Users are responsible for:
a. Suitable devices – using a device compatible with the technical requirements of the App. b. Internet connection – ensuring a stable and secure internet connection. c. Associated costs – all costs related to internet use or maintenance of devices. d. Limitation of liability – COSH! is not liable for problems arising from outdated equipment, poor connections or faulty configurations on the part of the User.
5. Security of Access
a. Technical measures COSH! implements security measures, such as encryption and authentication methods, to prevent unauthorised access to the App.
b. User responsibility Users are urged to:
- Use strong, unique passwords.
- Not share their login credentials with third parties.
c. Limitation of liability in case of negligence COSH! is not liable for access to user accounts by third parties as a result of negligence on the part of the User.
6. Restrictions and Suspension of Access
a. Technical necessity COSH! may wholly or partially suspend access to the App if:
- This is necessary for technical repairs.
- Security risks need to be addressed.
b. Breach of terms and conditions Users who breach the General Terms and Conditions may be temporarily or permanently denied access to the App.
7. Customer Service for Access Problems
a. Assistance with problems Users experiencing problems with access to the App can contact customer service via:
- Email: info@cosh.eco
- Support hours: Monday to Friday, 09:00 to 17:00 (Brussels time).
b. Prompt response COSH! strives to respond to reports and queries within 2 working days.
Article 9 – Data Processing and Privacy
COSH! attaches great importance to the protection of personal data and complies with the European General Data Protection Regulation (GDPR). This article describes which data is collected, how it is used, and what rights Users have with regard to their privacy.
1. Data Processing in Accordance with the GDPR
COSH! processes personal data in a transparent, secure and lawful manner:
- User data is collected and processed exclusively for specific, explicit and legitimate purposes.
- COSH! guarantees that data is not retained longer than necessary for these purposes.
2. Data Collected
During use of the App or the Platform, the following data may be collected:
a. Personal Data Information required for account registration and management:
- First and last name
- Email address
- Language preference
- Gender
- City / postcode
- Year of Birth
b. Usage Data Information arising from use of the App and the Platform:
- Data on garments, such as brand, type, date of purchase and store.
- Style profile: responses to style questionnaires provided by the User, such as preferences regarding style, body type, colour analysis and shopping behaviour. This data is used solely to enhance the personalised experience within the App.
c. Data from opt-in features Additional information collected via optional functionalities:
- Purchase information via the Email Crawler.
- Automatically added purchases via partner stores.
- Automatically added items through the ‘add to cart’ functionality via partner stores.
d. Technical Data Non-personal data, such as device type, operating system and error messages. This data is used to improve the functionality of the App.
3. Purposes of Data Processing
The data collected is processed for the following purposes:
a. Improving the user experience COSH! uses data to optimise the functionality of the App and the Platform and to offer Users personalised recommendations.
b. Sustainability advice Insights and recommendations are based on user data to promote informed and sustainable choices.
c. Internal analyses Anonymised and aggregated data is used for internal reporting and the development of new functionalities.
d. Anonymised sector reports for sale
- Sustainability data relating to the lifespan of articles from specific brands.
- Consumer behavioural changes by region.
- Trend analyses.
4. Retention Periods
COSH! applies the following retention periods:
- Account data: For as long as the account is active. Upon deletion, data is permanently erased within 30 days.
- Technical data: Maximum 6 months after collection.
- Feedback: Up to 1 year after processing.
5. Cookies and Tracking
a. Functional and analytical cookies COSH! uses cookies to improve the operation of the App and to track user statistics. These cookies are essential for the basic functionalities of the App.
b. Cookie management Users can manage their cookie settings via the settings of their device or browser. More information is available in COSH!‘s Cookie Policy.
6. Data Transfer to Third Parties
COSH! shares data only under strict conditions:
- Necessity for service provision: Such as integration with partner stores.
- Statutory obligations: For example, at the request of competent authorities.
- User consent: Data is only shared with third parties if Users have given explicit consent.
COSH! works exclusively with partners that comply with GDPR rules.
7. User Rights
Users have the following rights with regard to their data:
a. Access and rectification – Users have the right to know which data COSH! processes about them and to have any incorrect data corrected. b. Deletion of data – Users may have their data deleted at any time via the settings in the App or by contacting COSH!. c. Objection and restriction – Users have the right to object to data processing or to request restriction of processing. d. Data portability – Users may request a copy of their data in a structured, commonly used and machine-readable format.
8. Data Security
COSH! implements technical and organisational measures to protect personal data against unauthorised access, loss or misuse. Examples include:
- Encryption of sensitive data.
- Limited access to personal data for employees.
9. Complaints Procedure
Users who believe their privacy rights have been violated may submit a complaint via:
- Email: info@cosh.eco
They may also contact the Belgian Data Protection Authority (GBA).
Article 10 – Intellectual Property Rights
COSH! safeguards the protection of intellectual property rights relating to the App, the Platform and all associated content. This article clarifies these rights and explains what obligations Users have.
1. COSH!‘s Ownership
a. COSH!‘s rights All intellectual property rights relating to the App, the Platform and its content, including texts, images, designs, logos, videos, software and databases, belong exclusively to COSH! or its licensors.
b. Restrictions for Users Use of the App and the Platform does not grant Users any proprietary or other intellectual property rights, unless expressly stated otherwise in these terms and conditions.
2. Rights of Use for Users
a. Personal use COSH! grants Users a personal, non-exclusive, non-transferable and revocable right to use the App and the Platform, exclusively for personal, non-commercial purposes.
b. Prohibited acts Without the written consent of COSH!, Users may not:
- Copy, reproduce, distribute, modify or publish content from the App or the Platform.
- Reverse-engineer, decompile or attempt to access the underlying technology of the software.
3. Content Uploaded by Users
a. Ownership of content Users warrant that they are the owner of the content they upload or that they hold the necessary rights to share this content via the App.
b. Licence to COSH! By uploading content, the User grants COSH! a worldwide, non-exclusive, royalty-free licence to use, reproduce and adapt the content for the operation and improvement of the App and the Platform.
c. Right of removal COSH! reserves the right to remove content uploaded by Users if it is in conflict with these terms and conditions or applicable legislation.
4. Infringement of Intellectual Property Rights
a. User responsibility Users may not upload, share or use content that infringes the intellectual property rights of COSH! or third parties.
b. Actions in case of infringement
- COSH! may take appropriate measures, such as removing infringing content or suspending the User’s account.
- COSH! reserves the right to take legal action against Users who infringe intellectual property rights.
5. Reporting Infringement
a. Reporting procedure If a third party believes that content on the App or the Platform infringes their intellectual property rights, they may submit a report via:
- Email: info@cosh.eco
b. Investigation and action COSH! will investigate the report and, if well-founded, take appropriate measures, such as removing the relevant content or blocking access to the App.
6. Limitation of Liability
a. Exemption from liability COSH! is not liable for content uploaded by Users, nor for possible infringement of the intellectual property rights of third parties.
b. Indemnification Users indemnify COSH! against claims and costs arising from infringement of intellectual property rights by their uploaded content.
7. Trademarks and Logos
a. Ownership of trademarks All trademarks, logos and other brand identities displayed on the App or the Platform are the property of COSH! or its partners.
b. Prohibited use The use of these trademarks or logos without the prior written consent of the owner is strictly prohibited.
8. Permission and Restrictions
COSH! reserves the right to immediately deny access to the App or the Platform to Users who breach these terms and conditions.
Article 11 – Liability
COSH! is committed to making its services reliable and user-friendly. This article describes the extent of COSH!‘s liability in the event of potential problems and explains what Users can expect in specific situations.
1. General Limitation of Liability
a. As-is basis The App and the Platform are offered “as is” and “as available”. COSH! provides no guarantees with regard to:
- The accuracy, completeness or reliability of the content.
- The availability or error-free operation of the App or the Platform.
b. Exclusion of indirect damage COSH! is not liable for indirect, incidental, special or consequential damage, unless otherwise stipulated by mandatory law.
c. Limitation in case of payment If a User has made payments for specific services, COSH!‘s maximum liability is limited to the amount paid in the six months preceding the claim.
2. Exclusions of Liability
COSH! is not responsible or liable for:
a. External information – Incorrect, outdated or misleading information provided by external parties (such as brands or retailers). b. Technical failures – Interruptions, bugs or other technical problems arising from external factors such as outdated devices or unstable internet connections. c. User content – Content uploaded by Users that may infringe the rights of third parties. d. Force majeure – Situations beyond the reasonable control of COSH!, such as natural disasters, pandemics or government measures, affecting the operation of the App or the Platform.
3. Force Majeure
a. Definition COSH! is not liable for delays or failure to fulfil obligations as a result of force majeure. This includes, among other things, natural disasters, strikes, technical failures or other unforeseeable events.
b. Limitation of impact In the event of force majeure, COSH! will make reasonable efforts to minimise the impact on Users and to inform them in a timely manner.
4. User Responsibility
Users are themselves responsible for:
a. Technical requirements – Ensuring suitable hardware, software and a stable internet connection to use the App. b. Correct use of the App – Complying with these General Terms and Conditions and using the App as intended. c. Indemnification – Users indemnify COSH! against claims or damage arising from:
- Incorrect use of the App.
- Violations of the terms and conditions.
- Infringement of third-party rights by uploaded content.
5. Limitation of Responsibilities
a. Maximum liability COSH!‘s total liability is limited to the amount the User has paid for access to services in the six months preceding the claim. If no payment has been made, liability is limited to €100.
b. Minimum service level COSH! guarantees a minimum service level by keeping the essential functions of the App operational, except in cases of force majeure or planned maintenance.
6. Technical Support
a. Support policy COSH! strives to resolve technical problems within 48 hours of notification.
b. Reporting problems Users can report technical problems or error messages via:
- Email: info@cosh.eco
7. Indemnification
Users agree to hold COSH! harmless against claims, losses, costs or damage arising from:
a. Breach of terms and conditions – by the User. b. Unlawful use – of the App or the Platform. c. Infringement of third-party rights – by content uploaded by the User.
Article 12 – Support and Feedback
COSH! is committed to giving Users access to a reliable and user-friendly App and Platform. This article clarifies how support is provided, how Users can give feedback, and what the responsibilities of both parties are.
1. General Accessibility
a. Continuity of services COSH! strives to keep the App and the Platform accessible 24/7, with the exception of:
- Planned maintenance works.
- Unforeseeable technical failures.
- Force majeure situations outside the reasonable control of COSH!.
b. Information about interruptions Users will be notified in a timely manner of major failures or planned downtime via notifications in the App, on the Platform or by email.
2. Access Conditions
a. User responsibilities Users must ensure that they have:
- A compatible device meeting the technical requirements.
- A stable and secure internet connection.
- Up-to-date software for optimal performance of the App.
b. Restrictions on access COSH! reserves the right to restrict or suspend access in the event of:
- Breach of the terms and conditions.
- Misuse of the App or the Platform.
3. Maintenance and Updates
a. Regular maintenance COSH! performs regular maintenance and updates to:
- Improve the functionality and security of the App.
- Ensure compatibility with new devices and software.
b. Notification of maintenance Users will be informed in advance of planned maintenance works, unless urgency is required. During maintenance, the App may be temporarily unavailable.
c. Minimal impact COSH! strives to keep any interruptions as brief and minimal as possible.
4. User Responsibility
Users are responsible for:
- Ensuring the proper functioning of their devices and software.
- Maintaining a stable internet connection.
- Any costs for internet use or maintenance of their devices.
Exclusion of liability: COSH! is not liable for problems caused by outdated equipment, poor connections or faulty configurations on the part of the User.
5. Restrictions and Suspension of Access
COSH! may wholly or partially suspend access to the App or the Platform if:
a. Technical necessity – This is required to resolve failures or security risks. b. Breach of terms and conditions – Users breach these terms and conditions or misuse the App. c. Protection of rights – Measures are necessary to protect the rights of COSH! or other Users.
6. Security of Access
a. Technical measures COSH! implements security measures, such as encryption and authentication methods, to prevent unauthorised access.
b. User responsibility Users are urged to:
- Use strong and unique passwords.
- Keep their login credentials secure.
c. Liability for negligence COSH! is not responsible for unauthorised access to user accounts as a result of negligence on the part of the User.
7. User Feedback
a. Value of feedback COSH! values the input and suggestions of Users to improve the App and the Platform.
b. Licence for feedback By submitting feedback, the User grants COSH! a non-exclusive, royalty-free licence to use the feedback for improvements, new functionalities or marketing purposes.
8. Customer Service
a. Contact information Users with questions, comments or technical problems can contact:
- Email: info@cosh.eco
- Support hours: Monday to Friday, 09:00 – 17:00 (Brussels time).
b. Response policy COSH! strives to respond to reports and queries within two (2) working days.
c. Focus groups
Engaged Users have the opportunity to take part in focus groups organised by COSH! to improve the App and the Platform. Interested Users can sign up via info@cosh.eco. Information on the availability of focus groups will be communicated via the App or the Website.
Article 13 – Amendments to Terms and Conditions
COSH! reserves the right to amend these General Terms and Conditions at any time. This article explains how amendments are implemented and how Users are informed thereof.
1. Right to Amend
a. Grounds for amendments COSH! may amend the General Terms and Conditions for various reasons, including:
- Technological or functional updates of the App or the Platform.
- Changes in law or regulation affecting the use of the App.
- Internal policy changes that improve the operation of the App or the Platform.
b. Scope of amendments Amendments may relate to specific clauses or the entire set of terms and conditions.
2. Notification to Users
a. Notification of amendments COSH! will inform Users at least 30 days before the amendments take effect via:
- A notification in the App or the Platform itself.
- An email message to the User’s registered email address.
b. Clarity in communication COSH! ensures that the amendments are clearly communicated and explains which parts of the terms and conditions have been modified.
3. User Rights
a. Non-acceptance of amendments Users who do not accept the amendments have the right to:
- Terminate their account before the new terms and conditions take effect.
- Request additional information or clarification regarding the amendments from COSH!.
b. User responsibility It is the User’s responsibility to stay informed of changes to the terms and conditions.
4. Tacit Acceptance
a. Use of the App after amendments If a User continues to use the App or the Platform after the amended terms and conditions take effect, this is regarded as tacit acceptance of the amendments.
Article 14 – Applicable Law and Competent Court
This article describes the legal basis on which these General Terms and Conditions are founded and how disputes regarding the App and the Platform are handled.
1. Applicable Law
a. Belgian law These General Terms and Conditions are governed exclusively by Belgian law, with due observance of the mandatory provisions of the law of the country in which the consumer resides.
b. International protection These terms and conditions respect the consumer protection legislation of the European Union and other relevant international rules of law.
2. Competent Court
a. Jurisdiction For disputes arising from the use of the App or the Platform, the Belgian courts shall have exclusive jurisdiction, unless mandatory law provides otherwise.
b. Consumer protection For consumers residing outside Belgium, the competent courts and the applicable law of their place of residence shall apply, where this is required under local legislation.
3. Dispute Resolution
a. Amicable settlement COSH! strives to resolve disputes in the first instance in an informal and amicable manner. Users are encouraged to contact customer service via:
- Email: info@cosh.eco
b. Alternative Dispute Resolution (ADR) If a dispute cannot be resolved informally, Users may resort to an alternative dispute resolution procedure (ADR) or the online dispute resolution procedure (ODR) of the European Commission via ec.europa.eu/consumers/odr.
c. Procedural steps If no agreement is reached via ADR or ODR, the parties may submit the dispute to the competent court.
4. Limitation of Actions
a. Limitation period Claims relating to these General Terms and Conditions or the use of the App must be submitted within a period of two (2) years from the date on which the cause of the claim arose.
5. Severability
a. Severance of clauses If a provision of these General Terms and Conditions is declared invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect.
b. Replacement of invalid provisions COSH! will ensure that invalid provisions are replaced by a legally valid provision that approximates the original intention as closely as possible.
These Terms and Conditions have been drawn up in Dutch. In the event of a conflict between a translation and the Dutch-language version, the Dutch-language version shall prevail.