MOCOM

Mocom Merchant Agreement

This Merchant Agreement ("Agreement") is entered into by and between MOCOM, a company incorporated under the laws of India, and any individual or entity (hereinafter referred to as the "Merchant") who registers and uses the services provided by Mocom.

By accepting this Agreement, the Merchant agrees to comply with the terms and conditions outlined herein.

1. Services Provided by Mocom

Mocom offers the following services to Merchants:

  • 1.1 Online Store Platform: Access to an online platform to create and manage a store for selling products. Detailed policies related to the Online Store Platform are provided in Annexure A.
  • 1.2 Fulfillment Services: Logistics and delivery solutions to facilitate order fulfillment. Specific terms and conditions for Fulfillment Services are outlined in Annexure B.
  • 1.3 Mocom Wallet Services: Services provided through the Mocom Wallet for payments and settlements related to Mocom’s offerings. Policies for the use of the Mocom Wallet are outlined in Annexure C.
  • 1.4 Other Services: Merchants eligible for additional services offered by Mocom can view detailed policies and charges on their Merchant Dashboard. Charges for these optional services, such as marketing support, analytics, or premium features, will be automatically deducted from the merchant’s Mocom wallet. Merchants can manage enrollment or termination of services directly through the dashboard, following the specified terms. Disputes related to charges or service delivery must be raised within 15 days of the transaction, and any updates to policies or charges will be communicated in advance via the dashboard.

2. Merchant Obligations

  • 2.1 Account Registration: The Merchant shall provide accurate and complete information during the registration process and keep this information updated.
  • 2.2 Compliance with Laws: The Merchant shall comply with all applicable laws, including but not limited to tax regulations, e-commerce laws, and consumer protection laws.
  • 2.3 Product Listings: The Merchant is responsible for accurately describing and listing their products, including providing truthful details regarding pricing, quality, and availability.
  • 2.4 Payment of Fees: The Merchant agrees to pay all applicable fees for the services utilized, as outlined in the pricing structure provided by Mocom.

3. Mocom’s Responsibilities

  • 3.1 Platform Maintenance: Mocom will provide a reliable and user-friendly online platform.
  • 3.2 Service Support: Mocom will offer customer support to address technical and operational issues.
  • 3.3 Data Security: Mocom will implement reasonable measures to protect the data and privacy of Merchants and customers.

4. Fees and Payments

  • 4.1: The Merchant shall pay fees for services as per the pricing provided or as updated from time to time.
  • 4.2: Payments for services shall be made in accordance with the payment terms provided by Mocom.

5. Termination

  • 5.1 By Merchant: The Merchant may terminate this Agreement by providing written notice to Mocom.
  • 5.2 By Mocom: Mocom reserves the right to terminate this Agreement if the Merchant violates the terms and conditions or engages in unlawful activities.

6. Force Majeure

Mocom shall not be held liable for any delay or failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, strikes, war, or governmental actions.

7. Representation and Warranties

  • 7.1 Merchant Representations: The Merchant represents and warrants that they have the authority to enter into this Agreement and that their use of Mocom's services will not violate any applicable laws or third-party rights.
  • 7.2 Mocom Warranties: Mocom represents and warrants that it will provide its services with reasonable skill and care.

8. Indemnification

The Merchant agrees to indemnify, defend, and hold harmless Mocom, its affiliates, and their respective officers, employees, and agents from and against any claims, damages, losses, or liabilities arising from the Merchant’s breach of this Agreement, violation of any laws, or infringement of third-party rights.

9. Dispute Resolution

  • 9.1 Negotiation: In the event of a dispute, both parties shall first attempt to resolve the issue through good faith negotiations.
  • 9.2 Governing Law and Jurisdiction: This Agreement shall be construed and governed according to the laws of India as applicable in Haryana, and subject to Clause 9.3, the courts at Gurgaon, Haryana, shall have exclusive jurisdiction.
  • 9.3 Arbitration: Any dispute arising out of or in connection with the Agreement (“Dispute”), which remains unresolved after the Parties have attempted to resolve the same amicably for 30 (thirty) days from the raising of the Dispute by one Party with the other Party, shall be referred to and settled by arbitration to be held in accordance with the Arbitration and Conciliation Act, 1996 by a sole arbitrator mutually appointed by the Parties. The language of the arbitration shall be English, and the seat and venue shall be Gurgaon, Haryana. Any arbitration award by the arbitrator shall be final and binding upon the Parties.

10. Limitation of Liability

Mocom shall not be liable for any indirect, incidental, or consequential damages arising from the use of its services.

11. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of India. Any disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts in Haryana, India.

12. Amendments

Mocom reserves the right to amend the terms of this Agreement at its discretion. Merchants will be notified of any significant changes.

Annexures

Annexure A - Free Online Store Policies for Merchants

Eligibility

The free online store service is available exclusively for small and medium-sized business (SMB) Merchants based in India.

Merchants must complete the onboarding process, including submitting valid business registration details (e.g., GSTIN, PAN) and adhering to local trade regulations.

Usage Guidelines

The free online store is designed to display and sell products to buyers.

Content uploaded to the store must comply with Indian laws, including intellectual property, copyright, and decency standards.

Mocom reserves the right to suspend or terminate stores found violating the platform's policies or engaging in fraudulent practices.

Customization and Maintenance

Basic design templates are provided for free, with optional premium customizations available for a fee.

Store owners are responsible for regular updates, including stock management, pricing, and product descriptions.

Termination and Deactivation

Merchants can deactivate their online store anytime through the platform's dashboard.

If a store remains inactive for more than 90 days without prior notice, Mocom reserves the right to suspend the store.

Annexure B - Fulfillment Services Policy

1. Shipping Services

1.1 Logistics Partnerships

Mocom facilitates shipping through a network of trusted logistics partners to deliver products across India.

1.2 Shipping Charges

Shipping charges are calculated based on package weight, dimensions, and destination.

Charges are deducted from the wholesaler’s Mocom Wallet at the time shipment is packed and marked Ready to Ship.

1.3 Rejection and Returns

If an order is rejected or returned, both forward and Return-to-Origin (RTO) charges are deducted from the wholesaler’s Mocom Wallet in all cases.

Unfair RTO (RTO due to logistics fault):

Merchants may raise a dispute for RTO charges caused by logistics errors.

Mocom will coordinate with the logistics partner to investigate the issue.

Refunds for RTO charges will be evaluated on a case-by-case basis and are subject to the company’s discretion.

1.4 Delivery Timelines

Estimated delivery timelines are based on the logistics partner and location.

Mocom does not guarantee delivery timelines but ensures tracking updates for all shipments.

1.5 Packaging Responsibility

Merchants are responsible for secure and appropriate packaging of products to prevent damage during transit.

1.6 Liability

Mocom is not liable for delays, damages, or losses caused by logistics partners but will assist in dispute resolution wherever feasible.

In case of shipments lost or damaged in transit, the Merchants shall raise a ticket and file a claim with Mocom, within 2 days of delivery or the event.

1.7 Service Coverage

Shipping services are limited to regions covered by Mocom’s logistics partners. Sellers must verify coverage before confirming orders.

2. Payment Services

2.1 Payment Collection and Settlement

Mocom provides a seamless payment solution to merchants, facilitating both Cash on Delivery (COD) and prepaid payments through integrated payment gateways.

Payments collected from buyers for completed orders are remitted/settled with merchants on a weekly basis.

Payments for shipments delivered by Wednesday will be settled on the following Monday.

For shipments delivered after Wednesday, payments will be settled on the next Monday.

Mocom ensures secure handling of all transactions in compliance with Indian financial and data security regulations.

2.2 Transaction Fees

Transaction fees for both COD and prepaid orders will be added to the fulfillment charges alongside logistics charges.

These fees shall be deducted directly from the merchant’s Mocom wallet during order creation.

The applicable transaction fees and fulfillment charges will be transparently communicated during onboarding and are subject to periodic review.

2.3 Payment Disputes

Merchants must raise any payment-related disputes within 2 days of receiving the settlement.

Disputes will be resolved as per Mocom’s dispute resolution policy, which includes verification of order status, payment records, and supporting documents.

2.4 Merchant Account Details

Merchants must provide valid and updated bank account details for payment settlements.

Changes to bank account details should be notified to Mocom at least seven business days in advance to ensure uninterrupted payments.

2.6 Taxes and Deductions

Applicable taxes (e.g., TDS, TCS) will be deducted from the payments as per Indian tax regulations.

Merchants will be provided with appropriate tax certificates or documentation for compliance.

2.7 Payment Reconciliation

A detailed payment report will be made available on the platform’s dashboard for merchant review.

Merchants are encouraged to verify payment reports regularly to ensure accuracy.

Annexure C - Mocom Wallet Policy

Usage of Mocom Wallet

The Mocom Wallet is an exclusive digital wallet feature designed to streamline payments and service access on the Mocom platform. The following terms and conditions govern its usage:

  • Users can add funds to their Mocom Wallet to access various services on the platform, including but not limited to:
    • Fulfillment Services (e.g., shipping and logistics).
    • Marketing Services (e.g., ads and promotions).
    • Other Platform Services (as introduced by Mocom).
  • The wallet balance is non-transferable and cannot be used outside the Mocom platform.

Adding Funds

Users can recharge their Mocom Wallet through approved payment methods available on the platform.

The minimum and maximum recharge limits, if applicable, are displayed during the recharge process.

Refunds and Adjustments

Any refunds arising from cancellations, service failures, or disputes will be credited back to the user’s Mocom Wallet, at the discretion of the company.

Refunds processed through the wallet are final and cannot be transferred to any external payment method.

Non-Refundable Balance

Funds added to the Mocom Wallet are non-refundable under any circumstances.

Users are advised to recharge their wallets thoughtfully, based on anticipated service requirements.

Wallet Usage Validity

Wallet balances have no expiration unless specified during promotions or as per applicable laws.

In cases of prolonged account inactivity (e.g., 180 days or more), Mocom reserves the right to deactivate the wallet, subject to prior notification.

Transaction History

Users can access their wallet transaction history through their dashboard, which details deposits, deductions, and refunds.

Dispute Resolution

For disputes regarding wallet transactions, users must raise a query through the platform's support system within 7 days of the transaction.

Modification of Terms

Mocom reserves the right to modify the wallet terms and conditions. Users will be notified of any significant changes, and continued usage of the wallet implies acceptance of updated terms.

By using the Mocom Wallet, users agree to these policies, ensuring a seamless experience across Mocom's services.