TERMS & CONDITIONS

1. Introduction

Welcome to the real smell of shopping and services provided by CosXpress. These Terms of Use govern your access to and use of the CosXpress site and among other things. By using the CosXpress Sites, you affirm that you are of legal age to enter into these Terms of Use, or, if you are not, that you have obtained parental or guardian consent to enter into these Terms of Use and your parent or guardian consents to these Terms of Use on your behalf. If you violate or do not agree to these Terms of Use, then your access to and use of the CosXpress Sites is unauthorized.

Definition of Terms:

In these Terms of Use:
· When we say “CosXpress,” we mean cosxpress.com Ghana and CosXpress Store and any subsidiaries of CosXpress Stores, and their affiliates, directors, officers, employees and agents. We also refer to CosXpress as “we,” “us” and “our.”
· When we say “CosXpress Sites,” we mean www.cosxpress.com, the CosXpress Apps, and all related functionality, services, and Content offered by or for CosXpress on or through www.cosxpress.com and the CosXpress Apps or the systems, servers, and networks used to make the CosXpress Sites available.
· When we say “CosXpress Apps,” we mean the official “CosXpress App” for iPhone and Android, which can be downloaded from the iTunes App Store or the Google Play Store.
· When we say “you” or “your” we mean any user (like you!) of any CosXpress Site and any person who has notice of these Terms of Use.
· When we say “Terms of Use,” we mean these Terms of Use and all other terms and policies posted by CosXpress on the CosXpress Sites (and any updates by CosXpress to these Terms of Use and those terms and policies).
· When we say “Content,” we mean customers information, product descriptions, reviews, comments, messages, reviews, communications, feedback, submissions, suggestions, questions, and other information, data, content, and materials (including page headers, images, text, illustrations, formats, logos, hash tags, designs, icons, photographs, software programs, music clips or downloads, video clips, and written and other materials.)

2. Use of the site

You certify that the Content you provide on or through the CosXpress Sites is accurate and that the information you provide on or through the CosXpress Sites is complete. You are solely responsible for maintaining the confidentiality and security of your account including username, password, and PIN.
CosXpress is not responsible for any losses arising out of the unauthorized use of your account. You agree that CosXpress does not have any responsibility if you lose or share access to your device. Any agreement between you and the issuer of your credit card, debit card, or other form of payment will continue to govern your use of such payment method on the CosXpress Sites. You agree that CosXpress is not a party to any such agreement, nor is CosXpress responsible for the content, accuracy, or unavailability of any method used for payment. Your account may be restricted or terminated for any reason, at our sole discretion. Except as otherwise provided by law, at any time without notice to you, we may (1) change, restrict access to, suspend, or discontinue the CosXpress Sites or any portion of the CosXpress Sites, and
(2) charge, modify, or waive any fees required to use any services, functionality or other content available through the CosXpress Sites or any portion of the CosXpress Sites. You agree that you will not through any means interfere or attempt to interfere with the proper functioning of the Site. You agree that You will not provide to CosXpress or to this Site: (i) any viruses, worms, time bombs, and/or other computer programming routines that are intended to damage, detrimentally interfere with, intercept or expropriate any system, data or information; and (ii) any content that may create liability for CosXpress or cause CosXpress to lose (in whole or in part) the services of our suppliers.

3. Privacy policy

You acknowledge that any personal information that you provide through the CosXpress Sites will be used by CosXpress in accordance with CosXpress’s Privacy Policy which may be updated by CosXpress from time to time. If you purchase an item on cosxpress.com sold by a CosXpress supplier, CosXpress may share certain information with that supplier to permit the supplier, as applicable, to fulfill and ship your order, process returns, and provides customer service.
You authorize your wireless operator (Vodafone Ghana, MTN Ghana, Tigo Ghana, Expresso, Airtel Ghana, Glo Mobile, Mobile Virtual Network Operators (MVNOs) and M2M or any other branded wireless operator) to disclose to CosXpress and its third-party service providers your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status and device details, if available, solely to verify your identity and prevent fraud for the duration of the business relationship. See the CosXpress Privacy Policy for how CosXpress treats your data.

4. Proprietary rights

This Site contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of CosXpress. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of CosXpress is granted to or conferred upon you. Reproduction or storage of materials obtained from this Site is subject to the Ghanaian copyright laws and international conventions. No material from the Site may be reproduced, distributed, posted, displayed, uploaded or transmitted. The use of any material from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any CosXpress trademarks, logos, or other proprietary information (including images and text). The entire contents of the Site also are protected by copyright as a collective work under Ghanaian copyright laws and international conventions. All rights are reserved.

5. User feedback

You agree that all ideas, comments, suggestions or other information that you provide to CosXpress regarding the Site or products and services provided on the Site (the “Feedback”) shall be CosXpress property, and may be used by CosXpress on a non-confidential and unrestricted basis, without compensation to you.

6. Monitoring

CosXpress will have the right (but not the obligation), in our sole discretion, to monitor, evaluate, and analyze Content, and any use of and access to the CosXpress Sites, including to determine compliance with these Terms of Use and any other operating rules that may be established by CosXpress from time to time. CosXpress will also have the right (but not the obligation), in our sole discretion, to edit, move, delete, or refuse to make available any Content made available through, the CosXpress Sites, for any reason, including violation of these Terms of Use, whether for legal or other reasons. Despite this right of ours, you are solely responsible for any Content you make available, and you agree to indemnify
CosXpress for all claims resulting from any Content you make available. You hereby acknowledge and consent to such monitoring and reviewing.

7. Advertising disclosure, accuracy

Product descriptions posted on our product pages are the representations of our products from our suppliers. The Site may contain technical inaccuracies or typographical errors or omissions. CosXpress is not responsible for typographical, pricing, product information, advertising or shipping errors. Advertised prices and available quantities are subject to change without notice. CosXpress reserves the right to make changes, corrections and/or improvements to the Site, and to the products and programs described in such information, at any time without notice.

8. Order Acceptance and Billing

You represent and warrant that you have the right to use any credit card or other means of payment thatyou provide to us. By providing payment card information to us, you authorize us to store and use the card as a payment method for purchases made through your cosxpress.com account, including on CosXpress affiliated sites and properties which you access via your cosxpress.com account credentials. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms of Use and may result in cancellation of your order. Prior to accepting an order we may also request additional information from you. Verification of information may be required prior to the acknowledgment or completion of any purchase. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, inaccuracies, or errors in product or pricing information, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or other payment account) has been charged, we will issue a credit to your credit card (or other applicable payment account) in the amount of the charge. We will attempt to contact you if all or any portion of your order is canceled or if additional information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products, as well as all shipping and handling charges and applicable taxes.

CosXpress reserves the right, including without prior notice, to limit the quantity of items purchased per person, per household, or per order for any reason. We will attempt to notify you should such limits be applied. CosXpress also reserves the right, at our sole discretion, to prohibit sales to dealers or resellers.

For purposes of these Terms of Use, “reselling” will be defined as purchasing or intending to purchase any Product(s) from CosXpress for the purpose of engaging in a commercial sale of the same Product(s) to a third party.
In addition to any other remedies available to it, CosXpress may in its sole discretion restrict or terminate your account, or cancel or refuse orders for violations of, or abuse of the CosXpress returns policy.

9. Pricing Information; Availability

CosXpress cannot confirm the price or availability of an item until after your order is placed. Pricing or availability errors may occur on the CosXpress Sites. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a Product. CosXpress reserves the right to cancel any orders containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from CosXpress. CosXpress may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation. Pricing for products may be different on the CosXpress Sites or from prices available in CosXpress stores or on CosXpress Apps.

10. Vouchers

Vouchers are limited in nature and may expire or be discontinued with or without notice. Vouchers are void where prohibited by law. Vouchers may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right in our discretion to impose conditions on the offering of any promotional code. Vouchers cannot be combined with any offer or promotional codes. Vouchers are good for a single use per person. Only one voucher per transaction. Your purchase and use of voucher is subject to the full terms and conditions related to gift cards, available at a particular time.

11. Shipping and Delivery

Products will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the CosXpress Sites. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and title for Products pass to you upon delivery of the Products to the carrier. Delivery of Products purchased from the CosXpress Sites to addresses outside Ghana is limited. Some Products also have restricted delivery within Ghana. Some Products may be available for pick up at physical CosXpress store locations. Estimated delivery times are determined based on the method of
shipping chosen when Products are purchased and the destination of the Products.

12. Dispute Resolution by Binding Individual Arbitration

Read the following arbitration provision carefully, it limits your rights, including the right to maintain a court action. You agree that any dispute, controversy or claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any CosXpress products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of Arbitration shall be governed solely by the laws of the Republic of Ghana and the rules of Chartered Institute of Arbitrators. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party. The venue of the arbitration shall be Accra. The language used in the arbitration proceedings shall be English. The award of the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction and enforced in accordance with the Arbitration Act 1995 Chapter No. 4. Notwithstanding the foregoing, the Site reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through competent courts

13. Warranties

THE COSXPRESS SITES, AND ALL CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, AND OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE COSXPRESS SITES, AND/OR COSXPRESS STORE LOCATIONS, ARE PROVIDED BY COSXPRESS ON AN “AS IS” AND “AS AVAILABLE” BASIS. NO COSXPRESS ENTITY MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE COSXPRESS SITES OR THE CONTENT, MATERIALS, PRODUCTS, SERVICES, FUNCTIONALITY, OR OTHER ITEMS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COSXPRESS ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, YOUR USE OF THE COSXPRESS SITES IS AT YOUR SOLE RISK. THIS SECTION 13 DOES NOT LIMIT THE TERMS OF ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF AN ITEM THAT IS SOLD BY COSXPRESS TO YOU. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE COSXPRESS SITES AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE COSXPRESS SITES MAY NOT BE SECURE AND MAY BE INTERCEPTED OR OTHERWISE ACCESSED BY UNAUTHORIZED PARTIES.

YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO COSXPRESS ENTITY IS RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR PROPERTY OR DATA THAT RESULTS FROM ANY MATERIALS YOU ACCESS OR DOWNLOAD FROM THE COSXPRESS SITES.

14. Limitation of liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, COSXPRESS, ITS AGENTS, REPRESENTATIVES OR DIRECTORS WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE EVEN IF AN AUTHORIZED REPRESENTATIVE OF A COSXPRESS ENTITY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, THIS DISCLAIMER APPLIES TO, BUT IS NOT LIMITED TO, ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF,  LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS. SUBJECT TO THE FOREGOING, TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, NO COSXPRESS ENTITY WILL BE LIABLE FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE COSXPRESS SITES DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

15. Indemnification

You agree to defend (at CosXpress option), indemnify, and hold the CosXpress Entities harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys’ fees and costs, arising from or related to your misuse of the CosXpress Sites or any breach by you of these Terms of Use. CosXpress reserves the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with CosXpress if and as requested by CosXpress in the defense and settlement of such matter.

16. Modification of terms

CosXpress may at any time amend, modify or supplement any terms and conditions applicable to the Site, and your continued use of the Site will constitute your acceptance of any such amendment, modification, or supplementation.

17. Termination

These Terms of Use are effective unless and until terminated by either you or CosXpress. You may terminate these Terms of Use at any time, provided that you discontinue any further use of the CosXpress Sites. We also may terminate these Terms of Use at any time and may do so immediately without notice, and deny you access to the CosXpress Sites, if in our sole discretion you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or CosXpress, you must promptly destroy all Materials and other Content downloaded or otherwise obtained from the CosXpress Sites, as well as all copies of such Content, whether made under these Terms of Use or otherwise.

18. How to Contact Us

If you have any questions or comments, please contact us at https://cosxpress.com/help, or by mail with the address: shop@cosxpress.com. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

You can reach the Complaint Assistance Unit by phone call or WhatsApp on
+8617851977897 or ++233554020958
CosXpress Sites: © 2020 CosXpress All Rights Reserved.
CosXpress Apps: ©2020 CosXpress All Rights Reserved.