August 2026
Terms and Conditions
I. Definitions
The terms used in this agreement have the following meanings:
1. "Koshu" means a computer program (software), which also includes its graphical interface, over which Societatea cu Răspundere Limitată Koshu, a limited liability company registered in the Republic of Moldova under state registration number (IDNO) 1026023125026, headquartered at str-la Mihail Frunze 27, s. Abaclia, Basarabeasca district, MD-6711, Republic of Moldova (hereinafter "Koshu SRL"), Koshu holds all copyright — namely the software designed to run on a mobile computing device such as a smartphone and/or tablet, and/or on a computer, and which is made available to Users by Koshu, including, depending on Koshu's business policies, through the website www.koshu.app ("koshu.app" or the "Website"). By accessing the Koshu software, legal relationships may be established between Users (Stores and Clients, Shoppers and Clients), whereby the Client may place an order for the purchase of one or more Products that will be delivered to the Client by the Shopper, under the terms and conditions set out in this agreement.
2. "Client" means the individual or legal entity that purchases one or more Products by placing a binding order to a Shopper using the Koshu application.
3. "Store" means any retail outlet, specialized or non-specialized, selling food and/or non-food products, from which Products are purchased by the Client through Koshu.
4. "Shopper" – means both a Koshu Shopper and a Third-Party Shopper.
4.1. "Koshu Shopper" means Koshu delivering Products to the Client through its own employees, based on the Client's order placed in the Koshu application.
4.1. "Third-Party Shopper" means an authorized individual or legal entity that, under a contractual relationship with Koshu (which includes these Terms and Conditions), provides services consisting of purchasing Products on behalf of the Client and delivering those Products to the Client in accordance with the Client's order placed in Koshu, in exchange for a delivery fee.
5. "Product" or "Products" means any food or non-food item that the Client requests through the Koshu platform, including products from stores that do not have a predefined catalog on the platform.
6. "Computing Device" means a mobile computing device such as a smartphone and/or tablet (running iOS, Android, or Windows Mobile) and/or a computer (desktop or laptop) capable of running the Koshu application.
7. "Order Anything" — represents the core functionality of the Koshu platform, through which the user can request the purchase of any desired product or item. The Client describes the desired products in the app and specifies the store from which they are to be purchased, with no predefined product catalog required.
8. "User" means any person who accesses or uses Koshu.
II. Agreement to Terms
1. The Koshu application is available on the Apple Store and Google Play, including any component pages and the access interface for any available offerings, content, products, and services provided by Koshu (collectively "Services"), which may only be used in accordance with these Terms and Conditions.
2. These Terms and Conditions constitute the agreement (hereinafter "Agreement") governing the relationship between Koshu and any User. Please read these Terms and Conditions carefully before using the Services.
3. For certain Services, additional Terms and Conditions may apply — for example, policies for a specific Product, Store, activity, or promotion — and such additional conditions will be presented in connection with the relevant applicable Services. Additional conditions supplement the terms of this Agreement and are considered an integral part of it. In the event of a conflict regarding the relevant applicable Services, the additional conditions will prevail over the Terms and Conditions of this Agreement.
4. Use of the Services, including any Koshu features, constitutes a declaration that the following conditions are met: (I) YOU ARE AT LEAST 18 YEARS OF AGE; (II) THERE ARE NO CIRCUMSTANCES AFFECTING YOUR LEGAL CAPACITY; (III) IN THE CASE OF PROFESSIONALS, ALL LEGAL CONDITIONS ARE MET AND ALL AUTHORIZATIONS REQUIRED BY LAW ARE HELD TO PROVIDE SERVICES THROUGH KOSHU/KOSHU.APP; AND (IV) FULL ACCEPTANCE AND COMPLIANCE WITH ALL PROVISIONS OF THIS AGREEMENT, INCLUDING THOSE REGARDING LIMITATION OF KOSHU'S LIABILITY AND APPLICABLE LAW. If any of these conditions is not met, the User must immediately cease accessing or using the Services.
5. To ensure compliance with the conditions of access and use of the Services, the User agrees to review the Koshu Terms and Conditions each time they access Koshu. Use of the Services, even if the User omits to review the applicable Terms and Conditions, constitutes the User's express consent to those conditions.
6. Without prejudice to paragraphs 4–5 above, for the use of the Services, Koshu may require the User to express their agreement to this Agreement through a specific action that has the significance of unequivocal consent (e.g., checking a specific box).
7. By checking the box "I agree to Koshu's Terms and Conditions", the User expressly agrees to comply with all clauses of this Agreement, as well as any other specific applicable Terms and Conditions referred to in this Agreement.
III. Available Services
The Services offered by Koshu represent a technology platform that, through Computing Devices, allows the Client to:
1. Place an order through the platform
1.1. Place an order on the platform, which is then accepted by an interested and available Shopper within their working hours. The Shopper is thus authorized to:
1.1.A. Purchase, on behalf of and for the account of the Client (under a mandate with representation) or in the Shopper's own name and for the account of the Client (under a mandate without representation), the Products requested by the Client; and
1.1.B. Deliver those Products to the address indicated by the Client ("Delivery Services").
1.2. The technical interface is available to the User free of charge after User registration, without implying that the actual delivery of ordered Products is free of charge.
1.3. The option of delivering Products via a Shopper is hereinafter referred to as the "Delivery to Client's Address Option" or "Delivery to Client's Address Variant".
2. Legal responsibility
2.1. Koshu is not a party to the legal relationship between the Client and the Shopper.
2.2. Koshu is also not a party to the legal relationships between:
2.2.A. The Store, as seller, and the Client, as buyer — in cases where the Third-Party Shopper acts for the Client under a mandate with representation. In this case, the sale of Products is conducted between the Store as seller and the Client as buyer through the Client's representative (i.e., the Third-Party Shopper). The Third-Party Shopper is directly authorized by the Client to purchase Products from Stores on behalf of and for the account of the Client.
2.2.B. The Store and the Third-Party Shopper — in cases where the Third-Party Shopper acts for the Client under a mandate without representation.
3. Placing orders
3.1. Orders may only be placed after the Client creates a User Account and correctly provides all required information.
3.2. Using the Koshu Platform, the Client describes the products they wish to purchase, specifying the store and any other relevant details needed by the Shopper to correctly identify and purchase the products.
3.3. A Client may place an order from a single Store per order.
4. Product prices and Koshu's responsibility
4.1. Product prices are set by Stores and may be communicated to the Client by the Shopper at the time of purchase.
4.2. Koshu has no obligation — and the User understands and accepts this — to display or guarantee Product prices from Stores and assumes no responsibility for any discrepancies in prices, specifications, or product characteristics.
4.3. The Client also understands and accepts that Koshu does not influence Store prices, as these are set unilaterally by each Store.
5. Product quantity limits
5.1. Koshu, Stores, and Shoppers reserve the right to refuse the delivery of certain quantities of Products that the Client wishes to order, if those quantities are large enough to be considered wholesale trade under applicable law.
5.2. The maximum permitted quantity in Koshu is 24 L for liquids.
6. Placing the order
6.1. The Client may place Orders in the Koshu Application either through the website www.koshu.app or directly in the Application, following these steps:
6.1.A. The Client opens the Application or visits www.koshu.app and describes the desired products, specifying the store from which they are to be purchased.
6.1.B. Orders may be placed daily (Monday to Sunday) between 09:00 and 22:00. These hours may be modified during special holiday schedules.
6.1.C. The Client chooses one of the following payment methods: cash, card via POS, or online, as described in Section IV below.
6.1.D. The Client provides all relevant details: the desired product(s), location, quantity, color, or any other identifying details for the products they intend to purchase. Details about the targeted Products or the selected store (one store only) may also be entered in the "Special Requirements" section on the Order Checkout page.
6.1.E. The Client will be able to view in their User Account in the Koshu Application the Order Cost, consisting of:
· the Delivery Fee, calculated based on the distance between the Store and the delivery address and on the current fuel price, and automatically displayed in the application before the order is placed; and
· the Product Cost (i.e., the estimated price of the ordered Products), which can only be confirmed after the Shopper completes the purchase at the Store, since Koshu does not guarantee the prices displayed by Stores, as described in section 4 above.
6.1.F. The Final Order Cost is the sum of:
· the final price of the Products ordered by the Client that are in stock at the store (including Products sold by weight, weighed in-store by store employees);
· the Delivery Fee; and
· the cost of packaging (bags, carry bags) used for the final delivery of Products.
7. Delivery fee
7.1. The Delivery Fee is calculated based on the distance between the Store and the address indicated by the Client for delivery, and on the current fuel price published by the national energy regulator, so as to reflect the Shopper's actual travel cost.
7.2. Because fuel prices fluctuate on the market, Koshu reserves the right to periodically update the per-kilometer rate used to calculate the Delivery Fee, without prior notice to Users; any update will only apply to the Delivery Fee shown for orders placed after the update.
7.3. The total Delivery Fee is automatically displayed in the application as soon as the Client specifies the store address and the delivery address, before the order is placed, so that the Client knows the delivery cost in advance.
7.4. Koshu may occasionally apply promotions or temporary reductions to the Delivery Fee (for example, a free delivery after a certain number of orders completed within a given period), the existence, conditions, and validity period of which will be communicated to the Client through the application.
7.5. The Client has the option to reduce the Delivery Fee by grouping their order with other orders placed along a shared route, as described in Section 10 below ("Group Orders – Koshu Group").
8. Order pickup and delivery process
8.1. The Client's order will be accepted by a Dispatcher, whose task is to verify it in terms of distance, product weight, number of products, store hours, and any other factors that could prevent the completion of the Order.
8.2. The Dispatcher will contact the Client to verify the Order and all available information, obtain any missing or incomplete information, and then forward the Order to an eligible Shopper.
8.3. The Shopper travels to the store specified in the Order and purchases the desired product(s).
8.4. Products are paid for directly by the Shopper at the store, who then enters the receipt amount in the Application.
8.5. The Shopper delivers the Products to the Client and collects payment under the payment method chosen by the Client, as described in Section IV below.
8.6. After the Client pays for the Order, the Shopper closes the Order in the Application.
9. Special conditions applicable to orders
9.1. The maximum permitted weight is 100 kg, and Products are only eligible if they can be transported in a standard sedan car.
9.2. The Dispatcher reserves the right to cancel Orders if stores are overcrowded and the delivery time would exceed the maximum time allocated for such orders.
9.3. Minors may not purchase tobacco products or alcohol through the Koshu platform.
10. Group Orders (Koshu Group)
10.1. Koshu allows Clients to group several individual orders, possibly placed at different Stores, along a shared delivery route, in order to reduce the Delivery Fee borne by each participant ("Koshu Group").
10.2. Any Client may create a Koshu Group ("Group Creator") by specifying their own delivery address, which becomes the reference point ("anchor") of the group's shared route.
10.3. Other Users may join an existing Koshu Group either by accepting an invitation sent by the Group Creator or another participant, or, if the group is public and open, by joining directly through the application, provided their own delivery address (separate from the Group Creator's) meets one of the following conditions:
10.3.A. it is located in the same administrative unit (village, commune, or town) as the Group Creator's delivery address; or
10.3.B. it does not cause a deviation from the already established delivery route greater than 30% of that route's distance ("en route"). Koshu reserves the right to change this threshold, with the updated value communicated to Users by displaying it in the application.
10.4. Each participant in a Koshu Group places their own, separate order with the Store of their choice and their own delivery address, which remains subject to all provisions of this Agreement applicable to individual orders, including with respect to the Shopper's and the Store's liability.
10.5. The Delivery Fee applicable to each order within a Koshu Group is calculated individually, based on that stop's actual contribution to the shared delivery route (i.e., the additional distance caused by that stop), rather than by a fixed, percentage, or equal split of the total fee among participants. Accordingly, the discount obtained by each participant varies from route to route, depending on the number, order, and geographic distribution of the stops in that group.
10.6. The maximum number of participants allowed in a Koshu Group is set by Koshu and may be changed at any time without prior notice.
10.7. The Group Creator may finalize (closing access to further participants) or delete the Koshu Group; deletion of the group by the Creator causes the remaining orders to be recalculated at the individual rate, without the group discount. Any participant may withdraw their own order at any time before it is accepted by a Shopper.
10.8. Once a Shopper accepts a Koshu Group, that group automatically closes to new participants.
10.9. The Delivery Fee shown to each Koshu Group participant is recalculated whenever the group's membership changes (a participant joining or leaving) and becomes fixed once the group is accepted by a Shopper.
IV. Product Purchase
1. Delivery to Client's Address Variant
1.1. Provisions applicable when the Client chooses the Delivery to Client's Address Variant:
1.1.A. The purchase of Products will be carried out by the Shopper, as the Client's agent, based on the order placed by the Client in Koshu as described in section 6 above, and the Shopper will pay for the Products from their own funds.
1.1.B. The Client's acquisition of Delivery Services occurs at the moment the Client places the Product order through Koshu or koshu.app, and the application confirms that the order has been accepted by a Shopper.
1.1.C. Koshu will collect relevant data about the Client and their order — including the Client's phone number or other identifying information and the type of Product ordered — and will transmit the Client and order details to the Shopper.
1.1.D. The Shopper will take all necessary steps to properly purchase and deliver the Products covered by a placed order and will fulfill orders received from Clients under the conditions set out in Koshu.
1.1.E. In executing the Delivery Service, the Shopper will travel to the Store using their own means of transport, purchase the Products in strict accordance with the Client's order, pay for the Products using their own financial resources, and transport the Products while maintaining their physical integrity, under hygienic conditions and at the appropriate temperature to prevent spoilage of perishable goods.
1.1.F. The Shopper will hand over to the Client, together with the Products, the fiscal document issued by the Store confirming the total price of the Products, and will collect payment at that time.
1.1.G. The Shopper will also collect from the Client the fee for the service rendered, and will simultaneously issue and deliver to the Client — or send by email to the address provided in the User account — an accounting document (receipt) confirming receipt of the Delivery Service fee.
2. Self-Pickup Variant
2.1. For certain Stores, the Koshu application may offer the Client the option to personally pick up the ordered Products directly from the Store, without the involvement of a Shopper ("Self-Pickup Variant").
2.2. The availability of the Self-Pickup Variant varies from Store to Store and is indicated in the application at the time of placing the order.
2.3. If, at the time the order is placed, delivery by a Shopper is not available for that address or area, the application will indicate this to the Client at checkout, and the Client may then choose the Self-Pickup Variant, if available for that Store.
2.4. Under the Self-Pickup Variant, the Store prepares the ordered Products, and handover to the Client takes place after validation of an identification code (QR code) generated by the Client in the application, valid for a limited, renewable period of time. The Store's employee will scan that code to confirm handover of the Products.
2.5. The Order Cost for the Self-Pickup Variant is displayed to the Client in the application before the order is placed.
2.6. Online payment through the application, described in section 3.3 below, is not available for the Self-Pickup Variant; for this variant, the Client may pay exclusively in cash or by card via POS, at the time of picking up the Products from the Store.
3. Payment methods available at the time of placing an order
Regardless of the payment method chosen, the Shopper purchases the Products from the Store using their own financial resources, acting as the Client's agent, and the Client then settles with the Shopper the price of the Products and the Delivery Services fee under one of the following payment methods:
3.1. Cash payment – The Client pays the Shopper, in cash, the price of the Products and the Delivery Services fee when the Shopper arrives at the address indicated by the Client for delivery.
3.2. Card payment via POS terminal – The Client pays the Shopper, through the POS terminal made available by the Shopper, the price of the Products and the Delivery Services fee when the Shopper arrives at the address indicated by the Client for delivery.
3.3. Online payment through the application – The Client pays online, through the Koshu application, the price of the Products and the Delivery Services fee after the Shopper finishes purchasing the Products at the Store and enters the paid amount in the application, and in any case before the Shopper arrives at the address indicated by the Client for delivery. The operational details of this payment are described in Section VI below.
3.4. Amounts paid in advance by the Shopper, from their own funds, on behalf of the Client, for the purchase of Products from the Store, will be reimbursed by the Client to the Shopper upon receipt of the Products, under the payment method chosen pursuant to sections 3.1–3.3 above.
V. Shopper Declarations
1. The Third-Party Shopper declares that they are aware and understand that they have a legal obligation to pay taxes and contributions on income earned from providing Delivery Services to Clients, and undertakes to declare all such income to the tax authorities and to pay the corresponding taxes and contributions within the legally prescribed deadlines. The Third-Party Shopper is fully and exclusively responsible for any damages caused to Koshu and/or any other Koshu Users and/or third parties in connection with a breach of the above obligation.
2. The Third-Party Shopper declares on their own responsibility that they meet all legal requirements, including holding all permits and approvals required by law, where applicable, to provide the Delivery Services.
3. The Third-Party Shopper understands that any discrepancies arising in the performance of services and execution of the mandate concern exclusively the Shopper and the Client and shall be resolved in good faith between them, without Koshu's involvement, as Koshu is a stranger to the legal relationship between the Third-Party Shopper and the Client.
4. The Third-Party Shopper is solely responsible for fulfilling the delivery of Products ordered by Clients and for the conformity of Products delivered to Clients.
5. The Shopper is solely responsible for resolving any complaints or issues raised by Clients regarding the conformity of delivered Products with ordered Products, delivery within the agreed timeframe, or any other matters related to the preparation, purchase of Products on behalf of the Client, and their delivery, following acceptance of an order transmitted through Koshu.
6. Koshu assumes no obligation to monitor, record, or edit communications established between the User, Shoppers, and/or Stores through the technical access interface for Products. Koshu is not liable for any effects resulting from incorrect data entry by the User.
VI. Delivery and Payment of Products
1. Self-Pickup Variant
Where the Client chooses the Self-Pickup Variant, Products are not delivered by a Shopper but are picked up personally by the Client from the Store, as described in Section IV.2 above, and payment is made in cash or by card via POS, as described in Section IV.2.6 above.
2. Delivery to Client's Address Variant
Where the Client chooses the Delivery to Client's Address Variant, the delivery and payment of Products will be carried out as follows:
2.1. Online card payment
2.1.1. The Client may choose this payment method only for orders where the Koshu application indicates that online card payment is available.
2.1.2. Online payment processing is handled by the payment processor; Koshu bears no responsibility in this regard.
2.1.3. If the Client opts for online card payment, the following steps apply:
· The payment amount for the order will not be charged to the Client's card at the time of placing the order.
· The Shopper will pay for the Products from their own funds and then enter the paid amount in the Koshu application.
· From the moment the Shopper enters the paid order amount in the Koshu application, the Client will be able to see that amount in their User Account and pay it.
· The price of the Products and the Delivery Services must be paid by the Client before the Shopper arrives at the Client's indicated address to deliver the order.
· To complete the payment, the Client will enter their card details on the payment processor's page integrated into the Koshu application. The amount will be charged to the card upon payment validation by the payment processor.
· Immediately after payment is made, both the Client and the Shopper will receive a notification in the Koshu application confirming that the payment has been completed.
2.1.4. If, for a particular order, the Client is unable to complete the online card payment (due to a card issue or a payment processor system issue), the Shopper may change the applicable payment method for that order directly in the Koshu application.
2.1.5. If, for a particular order, the Client no longer wishes to pay online but instead wants to pay at the time of delivery (in cash or by card via POS), the Shopper may change the applicable payment method for that order directly in the Koshu application.
2.1.6. Upon delivery of the Products, the Shopper will present the Client with the fiscal document confirming the value of the purchases (fiscal receipt / receipt / fiscal invoice).
2.1.7. If the price of the Products and the Delivery Services are not paid online by the Client before the Shopper arrives, and the Client refuses to pay those amounts in cash or by card via POS upon the Shopper's arrival, the Shopper will not deliver the ordered Products to the Client.
2.1.8. The Client warrants to Koshu that the use of the chosen payment method does not violate any applicable law.
2.1.9. Koshu reserves the right to suspend/cancel any order/delivery where there are suspicions of illegal or fraudulent activity related to the payment method.
2.1.10. Koshu reserves the right to suspend/cancel all orders/deliveries in the event of payment refusal by financial-banking institutions, without any compensation or notification to the Client.
2.1.11. All information entered for the purpose of online payment (card number, password, card expiry date) will not be stored on Koshu's servers but will be processed exclusively by the payment processor and the card-issuing banking institutions.
2.1.12. The Client will make online payments exclusively in the national currency.
2.1.13. The Shopper will take all necessary steps to collect, pay from their own funds, and properly deliver the Products, based on the mandate entrusted and the Client's order and Delivery Services rendered.
2.1.14. Order delivery times may be affected by matters outside Koshu's control: traffic, weather conditions, vehicle breakdowns.
2.2. Cash or card payment via POS
2.2.1. Cash or card payment via POS is made at the time of Product delivery to the Client.
2.2.2. The Shopper will take all necessary steps to collect, pay from their own funds, and properly deliver the Products, based on the mandate entrusted and the Client's order and Delivery Services rendered. Order delivery times may be affected by matters outside Koshu's control: traffic, weather conditions, vehicle breakdowns.
2.2.3. The Client reimburses the cost of the Products upon receipt from the Shopper. The Client will pay in cash or by bank card, exclusively in the national currency. The Shopper will present the Client with the fiscal document confirming the value of the purchases (fiscal receipt / receipt / fiscal invoice), and the Client will pay the amount stated on that document.
2.2.4. If the Client opts to pay by card using the POS terminal provided by the Shopper, the Client must present a valid bank card accepted by the payment service provider operating the POS terminal for payment of the order and the Delivery Service fee. Depending on the settings/functions applicable to each bank card, the Client may be required to enter an authorization code (PIN) on the POS terminal keypad. After payment validation, the Client will receive an electronic receipt at the email address provided in their User Account confirming the bank transfer.
2.2.5. Koshu does not directly or indirectly request any banking data from the Client; all data necessary for payment processing is collected by the payment service provider, which ensures the confidentiality of that data.
2.2.6. The Client is responsible for maintaining the confidentiality of their banking data (including the PIN of the bank card used). Koshu is exempt from any liability toward the Client in the event of loss or disclosure of confidential banking data to unauthorized persons.
2.2.7. Although Koshu makes available to Clients the option of payment via a POS terminal, it does not provide payment services to Clients. Accordingly, Koshu will not be held liable for any damages caused to the Client as a result of malfunctions of the POS terminal or any other payment service issues. To avoid any obstacles in using the POS terminal payment service, the Client is advised to ask the Shopper to confirm the availability of the POS terminal.
VII. Liability for Purchased Products
1. The Store is solely responsible to the Client for the conformity and warranty of the purchased Products. Koshu and the Shopper have no obligation regarding the lack of conformity of Products purchased by the Client from the Store.
2. The Store is responsible for resolving any complaints or issues raised by Clients regarding product conformity or any other matters related to the sale of Products, based on complaints made by the Client.
3. Koshu assumes no liability for the ordering of tobacco products and alcoholic beverages by minor Clients. Koshu and the Third-Party Shopper reserve the right not to deliver tobacco products and alcoholic beverages to minor Clients. In such cases, the Koshu or Third-Party Shopper's representative will refuse to deliver these products to minor Clients and will only collect payment for the other products.
4. For justified reasons (for example, if the Client disrupts Koshu's operations, exhibits inappropriate behavior toward Koshu, or otherwise violates these Terms and Conditions), Koshu reserves the right to close Client accounts and/or refuse delivery of certain orders. In such cases, Koshu will inform the Client of this decision and the reason behind it.
5. If the Client finds a discrepancy between the Products in the confirmed order and those delivered by the Shopper, or if the Client has complaints regarding the condition of the Products delivered, or wishes to return certain products from the order, the Client may submit a complaint about the order by email to support@koshu.app or through the "Support" section in the "Koshu" application.
6. Regardless of the method chosen to file the complaint, the Client must provide complete order information: Order Number, details about the non-conforming product, and photos of the products they wish to return.
7. The Client may submit a complaint within a maximum of 48 hours from the date of receipt of the order for non-perishable products, and within a maximum of one day for perishable or short-shelf-life products.
8. Perishable or short-shelf-life products include vegetables, fruits, greens, confectionery, dairy products, deli meats and other meat products, and products marked with an expiry date or requiring specific storage conditions.
9. After submitting a complaint, the Client will be contacted by the Koshu team within 24 hours.
10. Following the complaint, the Client is responsible for keeping the products under complaint in the best possible conditions, along with the fiscal receipt for the order, until the complaint is resolved.
11. Koshu undertakes to resolve any complaint as quickly as possible, but no later than 7 business days from the date of receipt.
12. Refunds for products returned by the Client will be made as follows:
12.1. If the order containing the products was paid online, the amount will be refunded within a maximum of 5 business days from the resolution of the complaint, to the IBAN account provided by the Client.
12.2. If the order containing the products was paid in cash or via POS, the amount will be refunded within a maximum of 5 days from the resolution of the complaint, to the IBAN account provided by the Client.
VIII. Access and Use Restrictions
1. The User will use their own devices, systems, and software (smartphone, tablet, PC, internet connection, browser, etc.) to access and use Koshu.
2. Although Koshu has made efforts to ensure the accessibility and usability of its online technical interface, Koshu is not responsible for the compatibility of the Computing Devices, systems, or software used by the User with Koshu's technical interface for accessing/providing online offerings.
3. The User may not copy, publish, download, transmit, sell, use in their own or third-party applications or projects, or otherwise transfer or alienate materials (texts, images, video or audio sequences, etc.) published in Koshu without the prior written consent of Koshu.
4. When using Koshu and/or purchasing offerings from Koshu, the User agrees not to:
4.1. Use Koshu to send junk email, spam, chain messages, pyramid schemes, or any other unsolicited, commercial, or otherwise unwanted messages;
4.2. Display, transmit, publish, distribute, or disseminate materials or information that are defamatory, illegal, obscene, indecent, threatening, abusive, harassing, or otherwise unlawful;
4.3. Display, transmit, publish, distribute, or disseminate materials or information that could incite discrimination, hatred, or violence against any person or group on the basis of race, religion, disability, nationality, or in any other illegal manner;
4.4. Threaten, abuse, disrupt, or otherwise violate the legal rights (including privacy rights) of other persons;
4.5. Use any information or materials in any manner that infringes a copyright, patent, trademark, or other intellectual property right of any person;
4.6. Upload files containing viruses, worms, trojans, or corrupted data that could affect the functioning of another's computer or property;
4.7. Collect or store personal information about other persons, including email addresses;
4.8. Advertise or offer the purchase or sale of goods or services for any commercial purpose, unless the communication channel provided by the Site specifically allows such communications and only for the category of services and/or goods explicitly stated;
4.9. Impersonate another person in order to deceive or mislead others;
4.10. Violate applicable laws or regulations;
4.11. Access/use the Site/offerings in any manner that could disable, overload, or damage the Site/the contracting or processing of offerings, or that would interfere with another party's use and enjoyment of the Site/offerings;
4.12. Display, transmit, publish, distribute, or disseminate materials or information that the User is not entitled to transmit under any law, contract, or contractual or fiduciary (agency) relationship, such as privileged information or confidential information disclosed in the course of employment or under a confidentiality agreement;
4.13. Manipulate rating results or the rating system for offerors/Users through self-rating or other methods with a similar effect, such as giving a positive rating to an offeror with whom the User has a family, affiliation, or other relationship that implies a biased decision;
4.14. Attempt to gain unauthorized access to any offerings, other accounts, computer systems, or networks connected to Koshu/offerings through hacking, password cracking, or any other means.
5. Any violation of these restrictions may result in the User's access to Koshu being blocked and/or the User's account being suspended, and where applicable, the reporting to competent authorities for the application of administrative or criminal sanctions. The same provisions apply to attempted violations.
IX. User Registration
1. If the technical interface through which Products are ordered requires the User to register and create an account, the User will be asked to complete the registration process by providing information and registering a username and/or other information for using Koshu's technical interface and purchasing Products. The User is responsible for the accuracy of the information provided at registration and for maintaining the confidentiality of the data and information transmitted to them for the actual purchase of Products.
2. Under no circumstances will Koshu, or any entities associated with Koshu, be liable for any direct or indirect losses or for any damages resulting from the User's disclosure of data and information provided for the actual purchase of Products.
3. Registration of the User's account for the purpose of ordering Products may be delayed or refused when the required information is not provided, or when the User has a situation that creates a conflict of interest incompatible with Store offerings, the security of the Koshu project, or the activities of Koshu and/or any associated entity.
4. Koshu or any associated entity has no obligation to monitor the Third-Party Shopper's agency activities and the Product contracting process, but has the right to review data, information, and materials posted within Koshu through any means of communication and to remove, at its discretion, any materials or data that violate the conditions of access and use of Koshu or that are, in Koshu's opinion, unacceptable.
X. User-Generated Content
1. Koshu may, at its discretion, periodically allow Users to submit, upload, publish, or make available to Koshu, through the Services, content and information in photo/video, media, and text format (including comments and opinions about the Services, support requests, and communications with Shoppers) ("User-Generated Content").
2. By making User-Generated Content available, the User grants Koshu a worldwide, perpetual, transferable, royalty-free, sublicensable license to use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise exploit that User-Generated Content in all formats and on all distribution channels now known or hereafter created.
3. The User declares and warrants that:
3.1. they are the sole and exclusive owner of all User-Generated Content, or hold all rights, licenses, consents, and authorizations necessary to grant Koshu the license above;
3.2. neither the User-Generated Content, nor its submission, upload, publication, or provision, nor Koshu's use of that content under this Agreement, will constitute an infringement, misappropriation, or violation of any third party's property or intellectual property rights, or any third party's rights of publicity or privacy, nor will it violate any applicable law or regulation.
4. The User undertakes not to submit User-Generated Content that is derogatory, defamatory, hate-inciting, violent, obscene, pornographic, illegal, or offensive, as determined by Koshu in its sole discretion, regardless of whether such material is protected by law. Koshu has the ability, but not the obligation, to review, monitor, or delete User-Generated Content, at Koshu's sole discretion, at any time and for any reason, without prior notice.
XI. Links to Third-Party Websites
1. Koshu may include links to third-party websites that are controlled and maintained by other persons. Any link to/from other websites does not constitute an endorsement of those websites, and the User agrees that Koshu, and any entities associated with Koshu, including any employees, directors, or administrators, will not be held liable for the content or availability of any such websites.
XII. Disclaimer and Limitation of Liability
1. Koshu is used under these conditions "AS IS" and "AS AVAILABLE", without any representation or endorsement and without any warranty, whether express or implied, except for representations relating to payments made by the User through Koshu.
2. Koshu and entities associated with Koshu, including any employees, directors, or administrators, will not be liable for any direct, indirect, or related losses or for any damages (including, without limitation: loss of business or opportunity, loss of data, revenue, or profits of any kind) arising from or in connection with the use of Koshu or the provision of any Services.
3. Koshu makes no representation or warranty that Koshu will meet the User's expectations beyond what is explicitly provided, or that it will meet certain requirements, or that the functionality of Koshu will be uninterrupted or error-free, that defects will be corrected, or that the project, its products, or the server making them available are free from computer viruses or any other elements that may affect the systems with which they interact directly or indirectly.
4. Koshu and/or entities associated with Koshu reserve the right to deny the User access to the Koshu application at any time and to accept no responsibility for unauthorized/fraudulent use of Koshu.
5. Koshu and/or entities associated with Koshu reserve the right to refuse or remove images or texts posted in Koshu or transmitted through the communication and/or offering use channels.
XIII. Indemnification
1. By using Koshu and its technical interface for contracting Products, the User agrees to indemnify and hold harmless Koshu and/or entities associated with Koshu, including any employees, directors, or administrators, in connection with any breach of this Agreement by the User, as well as in connection with any claim or demand against Koshu and/or any companies associated with Koshu, including their employees, directors, or administrators, made by a third party arising from the User's non-compliant use of Koshu and/or from the transmission of any content through Koshu, including, without limitation, all claims, actions, proceedings, losses, damages, costs, and expenses (including reasonable costs and legal expenses), however suffered or incurred by Koshu and/or by entities associated with Koshu.
XIV. Copyright and Intellectual Property
1. Koshu holds all copyright and other intellectual property rights over Koshu, including its content and/or software associated with Koshu, and Stores, Clients, and Shoppers will not dispute or contest, directly or indirectly, during the contractual relationship and after its termination, any of these rights of Koshu and/or its affiliates, or their validity.
2. For the purpose of fulfilling their obligations under this Agreement, Stores, Clients, and Shoppers will use Koshu's and/or its affiliates' intellectual property rights over Koshu and/or materials related to Koshu only to the extent required by the purpose of this Agreement.
3. Stores, Clients, and Shoppers will not reproduce, copy, duplicate, and/or use (other than as provided in this Agreement) the Koshu software and no part of Koshu, or the trademarks held by Koshu and/or any of its affiliates, without Koshu's prior written consent.
4. The Store, Client, or Shopper will not register with any national or international institution/authority/body, directly or indirectly, under any circumstances, without the prior express approval of Koshu, any trademarks, names, internet domains, company names, logos, copyrights, or any other intellectual property rights, or any derivatives thereof, held by Koshu and/or any affiliate of Koshu. This obligation is essential; in the event of a breach by a Store, Client, or Shopper, the breaching party will immediately transfer or assign to Koshu the rights resulting from such registration and will pay any damages caused to Koshu. Product names, brands, logos, insignia, and company names are registered trademarks of their respective owners.
5. The right of Stores, Clients, and Shoppers to use Koshu's trademarks, symbols, and software (as expressly provided in this Agreement) will terminate immediately upon the termination, for any reason, of this Agreement.
XV. Severability
1. If any clause of this Agreement is declared by a competent court to be invalid, illegal, or unenforceable, that clause (any term/condition) will be removed, and the remaining clauses (terms and conditions) will remain in force, continue to produce effects, and be binding and enforceable. In the event of such invalidity, the annulled clauses, terms, and/or conditions will be replaced with appropriate ones within 5 (five) business days from the date on which the court judgment declaring the invalidity takes legal effect.
XVI. Governing Law and Jurisdiction
1. This Agreement will be governed by and interpreted in accordance with the laws of the Republic of Moldova, and any disputes or legal proceedings between the parties in connection with it will be resolved by the competent courts at the registered office of Koshu.
XVII. Amendments and Updates to the Terms and Conditions
1. Koshu reserves the right to periodically amend this Agreement, as well as any other specific terms and conditions displayed in Koshu. Amendments will take effect at the moment Koshu publishes the updated conditions, or when it publishes the amended policies or additional conditions in the sections corresponding to the relevant Service to which they apply. Continued access to or use of the Services after such publication constitutes the User's agreement to comply with the amended conditions.