This Contract for the Sale of Goods through the MokFit Provider Store (the "Sales Contract") is made on by you on the date in which you accept, via electronic means, these conditions, and are made between you and
TerraPages Pty Ltd (the "Seller"), a corporation organized and existing under the laws of NSW of Australia, with its head office located at:
Suit 112 Jones Bay Wharf 26 - 32 Pirrama Rd, Pyrmont, NSW, Australia, 2009
The agreement give the rights of the partner to sell their goods and or services through the MokFit e-commerce store and the Partner is to be bound by the laws and regulations governing e-commerce transactions in the state/province of the country in which the transaction is being placed in. TerraPages Pty Ltd will provide the platform to "Partner" free of charge to allow them to promote and advertise their goods and services to the MokFit Consumer App user.
TerraPages Pty Ltd will attempt as best as is humanly possible to have the MokFit E-commerce store available for trade 24/7. If for any reason the store is not available for trade, no compensation will be paid to the Partner for the potential loss of income.
Terrapapes Pty Ltd will not charge Partner for Marketing and Advertising of the MokFit application. TerraPages Pty Ltd reserve the right in the future to charge a Marketing and Advertising fee to the Partner. If any fees for Advertising and Marketing are charged to the Partner, TerraPages Pty Ltd will inform the Partner in writing 30 days prior to the introduction of the fee.
For any transaction made through the MokFit E-commerce store, TerraPages Pty Ltd will bill based on the rate card per transaction to cover hosting and administrative costs. Please log in to view the rate card. The fee will be charged per transaction and will be reflected in the monthly invoice that will be provided to the partner, by the second Friday of the new month.
The Partner shall accept the goods and pay the sum of any deduction from the sale of the goods and services.
Identification of the goods and services to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are appropriate for the buyers capabilities.
On the second Friday of the start of the new calendar month, TerraPages Pty Ltd will provide a full report off all goods sold including full amount of goods sold and any fees and charges deductions. TerraPages Pty Ltd will agrees to pay "Partner" the sum of all goods sold minus deductions for the previous calendar month, within 30 days of the first Monday of the new calendar month.
Goods and Services shall be deemed received or consumed by the buyer once the customer has presented a valid receipt or QR Code to the seller and the user has been presented with the goods or participated in the purchased activity. Any dispute between the buyer and the seller on the quality of goods or failure to deliver on the service will the sole responsibility of the seller and TerraPages Pty Ltd will not be held responsible if the seller is not able to deliver on the said goods or services to the buyer when it has promised.
TerraPages Pty will supply the MokFit E-commerce platform to allow Partners to sell their goods and or services to the public through electronic means. The relationship of the transaction will be between the buyer and the seller of the goods and services and TerraPages Pty Ltd will take no responsibility for any damages, loss of income or injuries caused as a result of a purchase of goods and services through the MokFit E-commmerce store.
The risk of loss from any casualty or damage to the goods, regardless of the cause, shall be on the seller until the goods have been accepted by buyer.
"Partner" will take full responsibility for the storage, supply and shipment of any physical goods sold through the MokFit E-commerce store. TerraPages Pty Ltd will take no responsibility and will not be held liable for any damages or failure to deliver physical goods sold to the buyer.
Furthermore, seller warrants that at the time of signing this agreement seller neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods.
TerraPages PTY LTD holds the copyright and is the sole owner of the MokFit Partner E-commerce store, Web Application, Web site and MokFit Consumer application. No part of each of the applications may be copied, reproduced, republished, uploaded, transmitted or distributed in anyway except with the prior approval and consent in writing from TerraPages Pty Ltd. Any breach of this term will result in an automatic suspension of use of each and all parts of the MokFit suite and prosecution will occur.
TerraPages has the right to reject or refuse any or all of a "Partners" goods or services for sale on the MokFit e-commerce store without reason or compensation to the "Partner"
If for any reason a dispute between the Partner and TerraPages Pty Ltd about any part of the service offered on the e-commerce store arises, the Partner can make a formal dispute following the "Dispute Resolution" procedures outlined in the partner FAQ page of the MokFit website located at www.mokfit.com
TerraPages has the right to terminate the "Partner" agreement at any time without prior notification.
In order to cancel the "Partner" agreement, the "Partner" must give TerraPages Pty Ltd 30 days notice in writing of their intention to end the contract. Once the notice has been given, any outstanding dues must be paid to TerraPages Pty Ltd within the notice period. If this does not occur, TerraPages Pty Ltd has the right to obtain any fee's or withhold dues until fee's has been paid.