1. Definitions

• Application: the COMOOVA (client) mobile application, published by COMOOVA SAS.
• User: the person who creates an account and uses the Application to send, receive, travel or buy.
• Partner: an independent courier, driver or carrier registered on COMOOVA Pro who performs deliveries and rides.
• Seller: an independent merchant offering items in the Shop.
• Order: a delivery, errand or ride requested in the Application, at the price agreed by the User and the Partner.
• Wallet: the User's COMOOVA balance, which can be used to pay in the Application.

2. Publisher of the Application

3. Role of COMOOVA

COMOOVA is an intermediation platform. It allows the User to find an available Partner or a Seller, agree on a price, pay, track the Order and get help if something goes wrong.

The delivery, errand or transport contract is entered into between the User and the Partner. The contract for the sale of a Shop item is entered into between the User and the Seller. COMOOVA is not a party to those contracts, but it is responsible for its own service: the operation of the Application, tracking, payment collection when it goes through COMOOVA, customer service and the handling of complaints.

Partners and Sellers are independent. They are not employees of COMOOVA. COMOOVA does not guarantee that a Partner will be available at all times and in all places.

4. Where the service is available

The Application can be downloaded in many countries, but Orders are only performed in the areas shown in the Application, currently in Togo. A person located abroad may order a delivery, ride or purchase to be performed in Togo.

Some services may only be available in certain cities. Before any Order, the Application shows whether the service is available at the chosen address.

5. Account and age

You must be 18 or older to create an account.

A person under 18 may receive a parcel or a purchase ordered by an adult. For a ride, they may only travel accompanied by an adult. The Partner may refuse a ride if the passenger appears to be a minor travelling alone.

The User provides accurate information and keeps it up to date. The User keeps their login details private: anything done from their account is presumed to have been done by them, unless proven otherwise.

To pay, the User must have their identity verified (identity document and selfie). This verification protects Partners, Sellers and other Users against fraud.

Signing in with Apple or Google is possible. COMOOVA never receives the password of those accounts.

6. Deliveries, errands and passenger transport

The User enters the addresses, the type of service and the price they offer. An available Partner accepts that price or makes a counter-offer. The Order is confirmed when the User and the Partner agree on the price.

An Order can be scheduled in advance. If no Partner takes it, it is cancelled and the amount paid is refunded within 48 hours (see the "Cancellation and refunds" article).

Shared ride: choosing "Shared" does not change the accepted price. The price only goes down if another passenger actually gets on during the ride; the discount is then credited to the Wallet. COMOOVA does not guarantee that another passenger will be found.

During a ride, the passenger respects the Partner and their vehicle, wears a seat belt where the vehicle has one and follows safety rules. The Partner may refuse a passenger who is in a dangerous or violent state.

Parcel handover: the parcel is handed over against the validation code shown in the Application, and photos serve as proof of delivery.

Lost items: the User reports the lost item in the Application; COMOOVA puts them in touch with the Partner to recover it, without any guarantee that it will be found.

7. Prohibited parcels

The User does not hand over any parcel that is:

• unlawful, counterfeit, stolen, or whose transport is prohibited in Togo;
• dangerous: weapons, ammunition, explosives, flammable, toxic or corrosive products;
• containing narcotics, protected animal or plant species, or cash;
• alive (animals) or perishable without the Partner's agreement.

The User describes the content and value of the parcel in good faith. The Partner may refuse a parcel that does not appear to match its description.

8. Prices, fees and taxes

Before confirming, the User sees the total price to pay. The "Price breakdown" shows the Partner's share, COMOOVA's service fee and VAT. The service fee rate may change; the rate applied is always the one displayed before confirmation.

The accepted price is firm. It can only change if the User accepts it in the Application before pickup, for example if the actual parcel is heavier or larger than described.

An invoice or receipt is available for each Order under the Profile tab, then My invoices.

9. Payment

The available payment methods are shown in the Application: Mobile Money (for example Mixx), bank card (Visa, Mastercard), Wallet, cash, vouchers and promo codes. Electronic payments are processed by licensed payment providers. COMOOVA never stores full card numbers or PIN codes.

When payment goes through COMOOVA, COMOOVA collects it in the name and on behalf of the Partner, then pays the Partner their share, after deducting its service fee.

Cash: the User pays the Partner in person, then taps "I paid the driver" on the tracking screen. Change may be credited to the Wallet. In case of disagreement about the payment, the User contacts customer service from the Order.

These payments relate to services performed in the physical world. They therefore do not go through Apple's or Google's in-app purchase system, in accordance with those platforms' rules.

10. Wallet, vouchers, promo codes and referrals

Wallet: the balance does not expire. It can only be used to pay for Orders in the Application and cannot be withdrawn, exchanged for cash or transferred to another person, unless an applicable law requires it or COMOOVA permanently stops the service. In the latter case, the remaining balance is refunded. If the User deletes their account while a balance remains, that balance is lost and erased with the account, within 30 days at the latest. The Application shows the remaining balance before deletion, so that the User can use it.

Vouchers and promo codes: each has its own conditions (amount, validity period, number of uses), shown before activation. They are neither refundable nor exchangeable for cash.

Referrals: the reward is granted when the referred person meets the conditions shown under the Profile tab, then Referral. Fake accounts, self-referrals and any scheme to obtain rewards without being entitled to them lead to the cancellation of the rewards and, where necessary, the closure of the account.

11. Tips

Tips are optional. They are paid in full to the Partner. Only any transfer fees charged by the payment provider may be deducted; they are then shown.

12. Cancellation and refunds

The User may cancel an Order free of charge as long as no Partner has started travelling. If a Partner has already started travelling, a cancellation fee paid to the Partner may apply: its amount is shown before the cancellation is confirmed.

If the Order is not performed through the fault of the Partner or COMOOVA (no Partner, no-show, parcel lost or damaged by the Partner), the User is refunded. The refund is credited to the Wallet; if the User asks customer service, it is paid back to the payment method used.

The User files a complaint from the Order, under the Profile tab, then Help, or by email to info@comoova.com, preferably within 7 days. COMOOVA replies.

No refund is due if the problem is caused by a wrong address or wrong information given by the User, a prohibited parcel or a force majeure event.

Right of withdrawal: where a consumer protection law provides for one, it does not apply to a ride or delivery already performed, nor to a service started at the User's request.

13. The Shop

The Shop allows Users to buy items offered by independent Sellers. The Seller is solely responsible for their items: description, price, quality, conformity, warranties and compliance with the law. The sales contract is entered into between the User and the Seller; COMOOVA hosts the Shop and delivers the item.

Payment: the User pays the Seller directly by Mobile Money, to the number shown in the Application, then sends a screenshot of the payment. COMOOVA does not handle this money. Sending fake screenshots is fraud: after 3 fake screenshots, the account is blocked.

Problem with an item (not received, different from its description, damaged): the User requests a refund from their order. The COMOOVA team checks, and the Seller must refund the User. The User is notified at every step.

Reviews: only Users who have received an item can rate it. Reviews must be genuine; COMOOVA removes fake or abusive reviews and reviews unrelated to the item.

Reporting an item: any item that appears unlawful, counterfeit or dangerous can be reported in the Application. COMOOVA reviews each report, may remove the item or suspend the Seller, and informs the Seller of the reason.

14. Sharing ride tracking

The User can share the tracking of their ride with the person of their choice. The link shows the vehicle's position during the ride. It stops working when the User stops sharing or one hour after the end of the ride. The User only shares the link with people they trust.

15. Conduct and safety

The User agrees to:

• remain courteous and respectful towards Partners, Sellers and the COMOOVA team;
• not harass, threaten or discriminate against anyone, whether in the Application, by phone or on WhatsApp;
• not use the Application to commit fraud: bypassing payment, creating fake accounts, sending false evidence;
• use Partners' contact details only for the current Order.

In case of immediate danger, call emergency services first. A safety issue can then be reported in the Application; the COMOOVA team reads every report and replies.

16. Suspension and closure of the account

In the event of a breach of these Terms, fraud or a request from an authority, COMOOVA may warn the User, suspend their account or close it. The measure is proportionate to the seriousness of the facts. Except in urgent cases or fraud, the User is informed of the reason and may challenge it by writing to customer service.

The User may delete their account at any time under the Profile tab, then Settings, then Delete my account, or by writing to info@comoova.com from the email address of their account. What is kept after deletion is set out in the Privacy Policy.

17. Liability

COMOOVA uses reasonable means to ensure that the Application works, that payments are secure and that proof of delivery is kept. It is liable for faults committed in its own service.

The Partner is responsible for performing the delivery, errand or transport. If a parcel is lost or damaged through the Partner's fault, compensation is limited to the value declared by the User, up to the cap shown before the Order. For a high-value item, the User declares its real value and may take out insurance.

COMOOVA is not liable for delays or non-performance caused by force majeure: bad weather, decisions of the authorities, unrest, network failures beyond its control.

Nothing in these Terms limits or excludes liability for personal injury, gross negligence or fraud, nor the rights granted to consumers by law.

18. Availability of the Application

COMOOVA strives to make the Application available at all times, but cannot guarantee it. Maintenance, an update or an outage may interrupt it. An ongoing Order affected by an outage is handled as a complaint.

19. Intellectual property

The Application, the COMOOVA brand, its logo and its content belong to COMOOVA SAS or its partners. COMOOVA grants the User a personal, free and non-exclusive right to use the Application for their own use. Any unauthorized copying or extraction is prohibited. Photos and messages sent by the User remain theirs; the User authorizes COMOOVA to use them only to perform and prove the Order.

20. Apple and Google

These Terms are entered into between the User and COMOOVA SAS, not with Apple or Google. Apple and Google are not responsible for the Application, its content, maintenance or support. For the Application downloaded from the App Store, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them. The User also complies with the terms of the app store used.

21. Personal data

The User's data is processed as explained in the Privacy Policy, available in the next tab and under the Profile tab, then Settings, then Legal.

22. Changes to the Terms

COMOOVA may change these Terms, for example for a new service or a change in the law. Any significant change is announced in the Application or by email at least 15 days before it takes effect. If the User does not agree, they may delete their account before that date; if they continue to use the Application afterwards, they accept the new version.

23. Governing law and disputes

These Terms are governed by Togolese law and the OHADA Uniform Acts.

In case of disagreement, the User first writes to customer service (info@comoova.com) to find an amicable solution. If no agreement is reached within 30 days, the dispute is brought before the competent courts of Lomé.

If the User is a consumer residing in another country, they keep the benefit of the mandatory consumer protection rules of that country and may bring proceedings before the courts designated by those rules.

24. Contact

1. Data controller

2. Who this policy applies to

It applies to people who use the COMOOVA application to send or receive a parcel, run an errand, travel or buy in the Shop. Couriers, drivers and sellers have their own policy in the COMOOVA Pro application.

3. The data we use

• Account: last name, first name, email address, phone number (and whether it is a WhatsApp number), profile photo if you add one, chosen language. The password is stored in an unreadable form.
• Sign in with Apple or Google: the name and email address those services send us (with Apple, this may be a hidden relay address). We never receive your Apple or Google password.
• Identity verification (required to pay): a photo of your identity document (national ID card or passport), its number and expiry date, and a selfie taken with the camera to compare it with the document.
• Orders: pickup and drop-off addresses, description and photos of parcels, prices offered and accepted, handover codes, proof-of-delivery photos, history, ratings and tips.
• Location: your phone's location, only while the application is open and if you allow it, to fill in your pickup address and show couriers and drivers around you. We do not read your location when the application is closed.
• Payments: chosen payment method, Mobile Money number, amounts, dates, status, Wallet balance, vouchers and promo codes used. For the Shop, the payment screenshot you send to the seller. We never store full card numbers or PIN codes.
• Communications: messages with the courier, driver, seller or customer service, reports and complaints, with the photos you attach.
• Ordering for someone else: that person's name and number. If you choose them from your contacts, only their name and number are taken; we do not read the rest of your address book.
• Referrals: the code used and the people referred.
• Technical data: phone model and operating system, application version, notification identifier, and error reports when the application encounters a problem.

Your contacts are only opened if you tap "Choose from my contacts" when ordering for someone; on Android, permission is requested at that moment. The application does not use the microphone.

4. Why, and on what legal basis

5. Who sees your data

We do not sell or rent your data. It is only shared when necessary:

• The courier or driver of your order: your first name, phone number, the addresses, the parcel description and, during the ride, the meeting point.
• The Shop seller: your name, number, delivery address and the screenshot of your payment.
• People with whom you share ride tracking: the vehicle's position, until sharing is stopped or one hour after the end of the ride.
• The COMOOVA team: only the people who need it for their work (customer service, identity verification, safety), with limited access.
• Authorities: when required by law or by a court decision.

6. Our service providers

These providers process data on our behalf, according to our instructions, and undertake to protect it:

7. Data sent outside Togo

Some providers store data in other countries, in particular in Europe and the United States. These transfers take place with appropriate safeguards: contractual data protection commitments and, for data of people located in the European Union, the European Commission's standard contractual clauses or an adequacy decision.

8. How long we keep it

When you delete your account, your data is erased within 30 days at the latest (in practice, immediately). Only the Mobile Money payment history (10 years) and the proof of your deletion request (5 years) are kept, separately.

9. Security

Exchanges between the application and our servers are encrypted (HTTPS). Access to data is limited to the people who need it, each account can only read its own data, and identity documents are only visible to the team in charge of verification. In the event of a data breach that puts you at risk, we notify you and the competent authorities as required by law.

10. Your rights

To exercise a right: write to info@comoova.com from your account's email address, or go to the Profile tab, then Help. We reply within 30 days. To delete your account: the Profile tab, then Settings, then Delete my account.

11. Complaint to an authority

If you believe your rights are not being respected, please write to us first: we will look for a solution. You may also contact the Personal Data Protection Authority (IPDCP) in Togo or, if you are located in the European Union, the data protection authority of your country (in France, the CNIL).

12. Minors

You must be 18 or older to create a COMOOVA account. We do not knowingly create accounts for minors. A minor may receive a parcel ordered by an adult, or travel accompanied by an adult. If you believe a minor has created an account, write to info@comoova.com: we will delete it.

13. Changes

If this policy changes significantly, we will notify you in the application or by email at least 15 days in advance. The current version is always available under the Profile tab, then Settings, then Legal, and on www.comoova.com.

14. Contact