| |
India, UAE, Australia
Legal Agreement

Terms & Conditions of Use

Please read these terms carefully before accessing or using the GOSM platform.

Entity: GOSM Solutions Pvt Limited
IMPORTANT LEGAL NOTICE

These Terms and Conditions are a comprehensive commercial draft prepared for GOSM Solutions Pvt Limited based on the company business model and the structure of the reference terms supplied by the Company. They should be reviewed and finalized by qualified Indian legal counsel before publication or execution, particularly for regulated categories such as healthcare, transport, education, financial services, payments, privacy/data protection and consumer services.

1

Introduction and Binding Agreement

These Terms and Conditions (“Terms”) govern access to and use of the GOSM website, mobile application, technology platform, software, customer interfaces and related services operated by GOSM Solutions Pvt Limited (“GOSM”, “Company”, “we”, “us” or “our”).

By registering, accessing the Platform, requesting a Booking, purchasing a Plan, making a payment, or otherwise using any part of the Platform, you (“User”, “Customer” or “Subscriber”) agree to be legally bound by these Terms, the Privacy Policy, applicable Refund/Cancellation Policy, Subscription/Membership Terms, Vendor/Service Professional Terms and any category-specific or supplemental terms displayed at the time of use. If you do not agree, you must not use the Platform.

Where a person acts on behalf of another person, household, business or legal entity, that person represents that they have authority to bind the relevant person or entity and accepts these Terms on its behalf.

2

Definitions

  • “Platform” means GOSM’s websites, applications, software, technology, communication channels and related interfaces.
  • “Services” means the technology-enabled facilitation, discovery, booking, communication, payment facilitation and related platform services made available by GOSM.
  • “Vendor” or “Service Professional” means an independent third-party person, proprietor, partnership, company, professional, agency, technician, driver, tutor, caregiver, healthcare provider or other service provider listed or connected through the Platform.
  • “Pro Services” means the underlying goods or services actually supplied by a Vendor to a Customer.
  • “Booking” means a request or confirmed engagement for Pro Services through the Platform.
  • “Charges” means amounts payable for Pro Services and/or other applicable amounts.
  • “Platform Fees” means facilitation, convenience, technology, subscription, cancellation or other fees charged by GOSM, where applicable.
  • “Content” means information, text, photographs, ratings, reviews, documents, messages and other material submitted or displayed through the Platform.
  • “Credits” means GOSM credits, promotional balances, vouchers, coupons or similar benefits.
  • “Plan” means any subscription, membership or package offered by GOSM.
3

Nature of the GOSM Platform

GOSM is a technology and facilitation/intermediary platform intended to connect Customers with independent third-party Vendors. GOSM does not itself ordinarily provide, manufacture, own or directly perform the underlying Pro Services and does not employ, appoint, supervise as an employer, or otherwise maintain an employer-employee relationship with Vendor personnel who perform Pro Services.

No Vendor, technician, driver, tutor, caregiver, healthcare professional, delivery person, cleaner, repair person or other service personnel introduced through the Platform shall be treated as an employee, worker, agent, partner, joint-venture participant or representative of GOSM merely because GOSM facilitates the Booking. Vendors remain independent businesses/professionals and are solely responsible for their personnel, wages, remuneration, statutory contributions, taxes, licences, registrations, insurance, working conditions, tools, equipment and legal compliance.

GOSM does not undertake to provide employment, wages, salary, employee benefits, leave, provident fund, ESI, gratuity or other employment benefits to Vendor personnel merely because they receive work opportunities through the Platform. Nothing in the Platform shall be interpreted as creating an employment relationship between GOSM and any Vendor or Vendor personnel, subject always to the actual facts and applicable law.

GOSM may prescribe platform standards, verification requirements, safety procedures, customer-service standards and contractual conditions for use of its Platform. Such platform controls are intended to protect the Platform and its users and shall not, by themselves, be interpreted as creating an employer-employee relationship.

The Vendor is an independent third party and is responsible for the actual Pro Services, professional conduct, personnel, equipment, licences, permissions, taxes and legal compliance applicable to its business. No Vendor has authority to represent that it is an employee, agent, partner or legal representative of GOSM or to bind GOSM.

GOSM may facilitate discovery, scheduling, communications, payments, customer support and dispute channels, but such facilitation does not convert GOSM into the provider of the underlying Pro Services. Where applicable, GOSM may seek to rely upon statutory intermediary protections available under Indian law, subject to satisfying all conditions, due-diligence requirements and other requirements applicable to such protection.

3A. No Employment, Agency or Principal-Service Provider Relationship
3B. Delays, Non-Availability and Service Performance
3C. Personal Injury, Property Damage, Theft and Other Losses
3D. No Guarantee of Vendor Character, Conduct or Property Safety

The User expressly acknowledges that GOSM is not a recruitment employer, staffing employer or direct employer of Vendors or Vendor personnel in the current business model. GOSM provides a technology platform and intermediary/facilitation mechanism through which independent Vendors may receive service opportunities.

Unless GOSM expressly enters into a separate written employment or service agreement with a person, no person providing Pro Services through the Platform shall be entitled to claim that GOSM is their employer solely because the person was listed, verified, introduced, booked or paid through the Platform.

Each Vendor is solely responsible for hiring, engaging, training, paying, supervising and terminating its personnel and for all statutory employment, labour, social-security, tax, insurance and professional obligations applicable to that Vendor or its personnel. The Vendor shall indemnify GOSM against claims arising from the Vendor’s employment or engagement of personnel, to the maximum extent permitted by law.

GOSM is not responsible for delay, postponement, cancellation, non-arrival, non-availability, incomplete performance, poor performance, defective performance or failure of a Pro Service where the cause arises from or is attributable to the Vendor, Vendor personnel, traffic, weather, shortage of personnel, equipment failure, materials, Customer access issues, inaccurate Customer information, third-party systems or other circumstances outside GOSM’s reasonable control.

GOSM may assist with communication, rescheduling, replacement Vendor identification, refund processing or complaint handling where appropriate, but such assistance does not constitute an admission that GOSM supplied or guaranteed the underlying Pro Service.

Nothing in this clause removes any remedy or liability that applicable law mandatorily imposes on GOSM.

To the maximum extent permitted by applicable law, GOSM shall not be responsible for any personal injury, illness, accident, death, theft, robbery, loss of cash, loss of valuables, property damage, loss of documents, loss of data, loss of goods, loss of business, loss of income, emotional distress or any other direct, indirect, incidental, special or consequential loss arising from the acts or omissions of an independent Vendor or any person engaged by that Vendor.

The Customer acknowledges that the underlying Pro Services are performed by independent third parties and that the Customer should take reasonable precautions, including securing valuables and sensitive property, verifying the service scope, providing accurate information and reporting suspicious or unsafe conduct.

Where a loss is caused by the proven negligence, wilful misconduct or other legally actionable conduct of a Vendor, the primary claim shall, subject to applicable law, be directed against the responsible Vendor. GOSM may provide reasonable platform-level assistance in receiving or forwarding complaints, but such assistance shall not make GOSM the insurer or guarantor of Vendor conduct.

For avoidance of doubt, GOSM does not contractually waive liabilities that cannot lawfully be excluded, including liabilities that may arise from GOSM’s own acts or omissions to the extent such liability is imposed by applicable law.

GOSM may conduct verification and due diligence as described in these Terms, but verification is not a guarantee of a Vendor’s future conduct, honesty, financial position, competence, health, criminal record status, or continuing suitability.

Users acknowledge that no verification system can eliminate all risk. Users must exercise reasonable care and immediately report suspected theft, fraud, violence, harassment, unsafe conduct or other unlawful activity to GOSM and, where appropriate, the police or other competent authority.

4

Service Categories and Availability

The Platform may facilitate home services, appliance repair, cleaning and maintenance, transportation, vehicle rental, ride-related services, logistics, education and tutoring, healthcare and wellness, events, personal grooming, lifestyle and other consumer services.

GOSM may add, remove, modify, suspend or discontinue categories, Vendors, geographical coverage, features or service formats at any time, subject to applicable law and contractual obligations already accepted by GOSM.

Certain categories may be subject to separate terms, eligibility conditions, professional licences, statutory permissions, consent requirements or additional disclosures.

5

Vendor Verification and Due Diligence

GOSM may conduct identity verification, document checks, KYC, qualification checks, reference checks, background checks or other due diligence before or during a Vendor’s access to the Platform. Such checks are intended to support platform trust and do not constitute a representation or guarantee that a Vendor will always be competent, safe, lawful, available or suitable.

Customers remain responsible for exercising reasonable care and reporting suspected misconduct, fraud, unsafe conduct or inaccurate information to GOSM promptly.

6

Eligibility and Account Registration

Users must generally be at least 18 years of age and legally capable of entering into a binding contract. If a service is legally available to a minor, it must be arranged by or with the consent and supervision of a parent or lawful guardian as required by law.

Users must provide accurate, current and complete information and must promptly update material changes. GOSM may refuse registration or suspend an account where information appears inaccurate, fraudulent, incomplete or unlawful.

Users are responsible for maintaining the confidentiality of credentials and for activity conducted through their account. Suspected unauthorized access must be reported to GOSM promptly.

7

Communications and Electronic Records

By using the Platform, you consent to receiving service-related communications through the contact details supplied by you, including booking confirmations, reminders, invoices, service updates, account notices, security alerts and customer support communications, subject to applicable law.

Electronic records, confirmations, logs, payment records, acknowledgements and communications maintained by GOSM may be used as evidence of transactions and instructions, subject to applicable law.

8

User Content, Reviews and Feedback

Users may submit ratings, reviews, photographs, comments, complaints and other Content. Users represent that they have the necessary rights to submit such Content and that it is not unlawful, defamatory, fraudulent, misleading, obscene, infringing, threatening or malicious.

To the extent permitted by law, the User grants GOSM a non-exclusive, worldwide, royalty-free licence to host, reproduce, adapt, display and use such Content for operating, improving, auditing, protecting and promoting the Platform and resolving disputes.

GOSM may moderate, restrict or remove Content that violates these Terms, applicable law or platform standards, without being obliged to monitor all Content.

9

Data, Privacy and Disclosure

Personal information is collected, used, stored and shared in accordance with GOSM’s Privacy Policy and applicable law. Information may be shared, where necessary, with relevant Vendors, payment processors, technology providers, customer support providers, professional advisers, insurers, regulators, courts or law-enforcement authorities.

Users authorize GOSM to process information reasonably required to create accounts, provide Platform functionality, facilitate Bookings, prevent fraud, improve safety, process payments, investigate complaints and comply with legal obligations, subject to applicable law.

10

Bookings and Confirmations

A Booking request is an offer/request to obtain Pro Services and does not itself guarantee acceptance. A Booking becomes confirmed only when GOSM and/or the relevant Vendor provides confirmation through the Platform or another authorized channel.

Availability may change. GOSM or the Vendor may, where reasonably necessary and subject to applicable law, substitute a suitably qualified Vendor, change a time slot or propose an alternative service. Where material changes occur, the Customer may be given an opportunity to accept, reschedule or cancel in accordance with the applicable policy.

11

Pricing, Fees, Taxes and Payment

The total amount payable may include Vendor Charges, Platform/Fee components, taxes, materials, travel or other disclosed charges. Prices may vary by service, location, demand, time, scope, materials and Vendor.

GOSM may facilitate payment through cards, UPI, bank methods, wallets, cash or other methods made available on the Platform. Payment processing may be performed by third-party payment providers subject to their applicable terms.

Users authorize GOSM and/or its payment partners to charge the selected payment method for confirmed Charges and applicable fees. Users must not use unauthorized payment methods or attempt chargeback, reversal or payment manipulation fraudulently.

Taxes, GST and other statutory levies shall be applied as required by law. Where a Vendor is legally responsible for invoicing a Pro Service, the relevant invoice may be issued by that Vendor.

12

Cancellation, Refunds and Failed Bookings

Cancellation, rescheduling, refund and no-show consequences shall be governed by the applicable cancellation/refund policy displayed at or before Booking, together with applicable law.

Refunds may be reduced by lawful cancellation charges, completed service charges, materials already procured, payment processing costs where legally recoverable, or other disclosed amounts. Nothing in these Terms excludes a refund or remedy that cannot lawfully be excluded.

GOSM may reject or investigate suspicious, duplicate, fraudulent or abusive refund requests.

13

Subscriptions, Memberships, Credits and Promotions

GOSM may offer subscriptions, memberships, plans, Credits, coupons and promotional programmes subject to separate terms.

Credits and promotional benefits are generally non-transferable, non-refundable and have no cash value unless expressly required by law. They may have expiry dates, category restrictions, geographic restrictions or minimum transaction requirements.

GOSM may withdraw or cancel benefits obtained through fraud, misuse, duplicate accounts, manipulation or breach of promotional conditions. Subscription renewal, cancellation and billing terms shall be disclosed at purchase and governed by applicable law.

14

Customer Conduct and Safety

Customers must treat Vendors and their personnel with dignity and must not engage in harassment, discrimination, intimidation, violence, threats, sexual misconduct, abusive language, unlawful conduct or unsafe conduct.

Customers must provide a reasonably safe and accessible environment where services are performed at the Customer’s premises and must disclose material information reasonably necessary for safe performance.

GOSM may suspend or terminate access where conduct presents a safety, legal, fraud or reputational risk. Serious incidents should be reported promptly to GOSM and, where appropriate, to emergency services or competent authorities.

15

Customer Responsibilities

Customers must provide accurate service requirements, address/location details, access information and other necessary information. Customers must be present or provide lawful access arrangements where required for the service.

Customers are responsible for securing valuables, confidential information, sensitive documents and hazardous items before service personnel enter the premises.

Customers must not instruct Vendors to perform unlawful acts or services outside their lawful competence, licence or scope.

16

Vendor Responsibilities

Vendors are responsible for their personnel, qualifications, licences, registrations, taxes, tools, equipment, insurance where required, safety standards, service quality and legal compliance.

Vendors must provide services in accordance with applicable law and the service description accepted by the Customer. Vendors must not misuse Customer information, collect unauthorized payments, misrepresent their relationship with GOSM or engage in unlawful discrimination or misconduct.

Nothing in these Terms makes GOSM responsible for Vendor obligations that legally belong to the Vendor.

17

Third-Party Services and Links

The Platform may integrate third-party payment services, maps, communication systems, cloud services, social platforms or other third-party products. Their availability and use may be governed by their own terms and privacy policies.

GOSM does not guarantee the availability, accuracy, security or performance of third-party systems and is not responsible for failures caused solely by third parties, except to the extent liability cannot lawfully be excluded.

18

Prohibited Activities

To the maximum extent permitted by applicable law, the Platform is provided on an “as available” and “as is” basis. GOSM does not warrant uninterrupted availability, error-free operation, or that every Vendor or Pro Service will meet a particular result, timing, quality, suitability, safety or availability expectation.

GOSM’s role as an intermediary/facilitator does not constitute a guarantee, certification, insurance or warranty of Vendor performance. GOSM does not guarantee the character, conduct, competence, punctuality, honesty, availability or future acts of any independent Vendor.

GOSM does not assume responsibility for delay or failure of Pro Services, nor for personal injury, accident, death, theft, loss of property, property damage, loss of income, business loss, loss of data or other harm caused by an independent Vendor or circumstances outside GOSM’s reasonable control, except to the extent liability is imposed on GOSM by mandatory applicable law.

Nothing in these Terms excludes statutory consumer rights, liability or warranties that cannot lawfully be excluded.

19

Non-Circumvention and Direct Dealings

To the maximum extent permitted by applicable law, GOSM and its directors, officers, employees, affiliates, contractors and technology partners shall not be liable for indirect, incidental, special, punitive or consequential loss, loss of profits, loss of business, loss of opportunity, loss of data, reputational loss, personal injury, theft, property loss or damage arising from Vendor acts/omissions, delay or failure of Pro Services, or use of the Platform.

To the maximum extent permitted by law, GOSM’s aggregate liability arising from a particular Booking shall be limited to the amount of Platform/Fee revenue actually retained by GOSM in respect of that Booking, or INR 10,000, whichever is lower, except to the extent such limitation is prohibited by applicable law.

The parties acknowledge that GOSM’s pricing and business model are based on its role as a technology intermediary and that the allocation of risk in these Terms is an important part of the commercial arrangement.

Nothing in these Terms limits or excludes liability to the extent such limitation or exclusion is prohibited by applicable law, including liability arising from matters that cannot lawfully be contracted out of.

20

Intellectual Property

The Platform, software, branding, logos, designs, interfaces, databases, text, graphics and other materials owned or licensed by GOSM are protected by applicable intellectual property laws.

Subject to these Terms, GOSM grants the User a limited, revocable, non-exclusive, non-transferable licence to access and use the Platform for its intended lawful purpose. No ownership rights are transferred.

Unauthorized copying, modification, commercial exploitation, extraction or use of GOSM intellectual property is prohibited.

21

Term, Suspension and Termination

These Terms remain effective while the User accesses or uses the Platform. GOSM may suspend, restrict or terminate an account or Booking where reasonably necessary because of breach, fraud, safety concerns, unlawful conduct, non-payment, misuse, security threats, regulatory requirements or other legitimate business reasons, subject to applicable law.

A User may stop using the Platform and request account closure, subject to outstanding obligations. Termination does not extinguish accrued payment obligations, dispute rights, indemnities, intellectual property restrictions, limitations of liability or provisions intended to survive termination.

22

Disclaimers and Warranties

To the maximum extent permitted by law, the Platform is provided on an “as available” and “as is” basis. GOSM does not warrant uninterrupted availability, error-free operation, or that every Vendor or Pro Service will meet a particular result, timing, quality, suitability or availability expectation.

GOSM’s role as a facilitator does not constitute a guarantee, certification or insurance of Vendor performance. Customers should independently assess whether a particular Vendor or service is suitable.

Nothing in these Terms excludes statutory consumer rights, liability or warranties that cannot lawfully be excluded.

23

Limitation of Liability

To the maximum extent permitted by applicable law, GOSM and its directors, officers, employees, affiliates, contractors and technology partners shall not be liable for indirect, incidental, special, punitive or consequential loss, loss of profits, loss of business, loss of opportunity, loss of data or reputational loss arising from use of the Platform or Pro Services.

To the maximum extent permitted by law, GOSM’s aggregate liability arising from a particular Booking shall be limited to the amount of Platform/Fulfilment/Fee revenue actually retained by GOSM in respect of that Booking, or INR 10,000, whichever is lower, except to the extent such limitation is prohibited by applicable law.

Nothing in these Terms limits liability for matters that cannot legally be limited or excluded, including any liability expressly imposed by applicable law.

24

Indemnification

To the maximum extent permitted by law, the User agrees to indemnify and hold harmless GOSM, its affiliates, directors, officers, employees, agents and contractors from claims, losses, liabilities, penalties, costs and reasonable legal expenses arising from or related to:

  • (a) breach of these Terms;
  • (b) unlawful use of the Platform;
  • (c) fraud or intentional misconduct;
  • (d) infringement of third-party rights;
  • (e) User Content;
  • (f) misuse of a Booking or service; or
  • (g) violation of applicable law.

This indemnity shall apply subject to applicable law and shall not require indemnification for GOSM’s own liability to the extent such liability cannot lawfully be shifted.

25

Force Majeure

GOSM shall not be responsible for delay or failure caused by events beyond its reasonable control, including natural disasters, epidemics, war, civil unrest, strikes, governmental restrictions, infrastructure failures, internet or telecommunications failures, cyber incidents by third parties, utility failures, transportation disruption or other force majeure events.

GOSM may suspend or modify services during such events and will take reasonable steps to restore services when practicable.

26

Governing Law and Jurisdiction

These Terms shall be governed by the laws of India. Subject to the dispute-resolution provisions below and mandatory statutory rights, courts having competent jurisdiction at Bengaluru, Karnataka shall have jurisdiction.

Nothing in this clause prevents a consumer from exercising a statutory remedy before a forum or authority that has mandatory jurisdiction under applicable law.

27

Dispute Resolution and Arbitration

The parties should first attempt in good faith to resolve disputes through GOSM’s customer support/grievance process.

Subject to applicable law and non-arbitrable matters, disputes arising from these Terms may be referred to arbitration in India in accordance with the Arbitration and Conciliation Act, 1996 and applicable amendments. The seat, venue, language, number of arbitrators and appointment mechanism shall be as specified in the final adopted version and must comply with applicable law.

Nothing prevents a party from approaching a competent statutory authority, consumer forum, court or regulator where such right is mandatory or cannot lawfully be waived.

28

Grievance Redressal

GOSM shall maintain a grievance mechanism appropriate to the services offered and applicable law. Users should provide their name, registered contact details, Booking/reference number, nature of complaint and supporting documents where available. GOSM may request additional information reasonably necessary to investigate and respond.

29

Notices

GOSM may provide notices through the Platform, registered email address, SMS, messaging service, physical notice or other lawful electronic means. Users must keep their contact information current.

Legal notices to GOSM should be sent to the registered office and/or official legal contact notified by GOSM.

30

Severability

If any provision is held invalid, illegal or unenforceable, it shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in effect, subject to applicable law.

31

Assignment

GOSM may assign, transfer, novate or subcontract its rights and obligations in connection with a merger, restructuring, sale, financing, corporate reorganization or transfer of business, subject to applicable law.

Users may not assign their rights or obligations under these Terms without GOSM’s prior written consent, except where such restriction is prohibited by law.

32

Changes to These Terms

GOSM may amend these Terms from time to time. Material changes may be communicated through the Platform or other appropriate means. Continued use after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

The version applicable to a particular Booking shall be determined in accordance with the information and terms presented at the relevant time.

33

Entire Agreement and Supplemental Terms

These Terms, together with the Privacy Policy, Vendor Terms, applicable Booking terms, Refund/Cancellation Policy, Subscription/Membership Terms and category-specific supplemental terms, constitute the agreement governing use of the Platform, subject to mandatory law.

If a category-specific supplemental term conflicts with these Terms, the category-specific term shall prevail only for that category and only to the extent of the conflict.

34

Future GOSM Business Verticals

GOSM may expand into retail, proprietary education, financial services, consumer goods and other business verticals. Such services may be operated directly, through licensed partners or through independent third parties and may be governed by separate agreements, disclosures and regulatory requirements.

Nothing in these Terms by itself authorizes GOSM or any User to perform an activity requiring a statutory licence, registration, approval or professional qualification.

35

Final Acceptance & Company Details

I/We confirm that I/we have read, understood and agreed to these Terms and all applicable supplemental terms and policies. I/We understand and expressly acknowledge that GOSM is a technology/intermediary/facilitation company in its current business model and is not the employer of independent Vendors or Vendor personnel merely because they are listed, verified, introduced or booked through the Platform.

I/We further acknowledge that delays, non-arrival, non-performance, defective performance, personal injury, accident, theft, loss of valuables, property damage and other losses arising from the acts or omissions of independent Vendors are primarily matters between the Customer and the responsible Vendor, subject to applicable law. GOSM does not act as an insurer or guarantor of Vendor conduct or Pro Service performance.

By clicking “I Agree”, registering an account, making a Booking, making payment or continuing to use the Platform after being presented with these Terms, I/we provide electronic acceptance of this agreement to the extent permitted by applicable law.

GOSM Solutions Pvt Limited – Corporate Details
CIN U74901KA2025PTC205127
Registered Office GOSM

Legal Implementation Note: These protections are drafted as maximum-lawful contractual risk allocation provisions. The Information Technology Act, 2000 provides intermediary safe-harbour protection subject to statutory conditions and due diligence; therefore GOSM should implement and document the applicable intermediary compliance process rather than relying only on contractual wording.