Seller Agreement

Welcome to mobba.com (the "Site"). Any person who wants to access the Site and use the Services to bid and sell items must accept the terms and conditions of this Seller Agreement without change. BY REGISTERING FOR AND USING THE SERVICES, YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS Seller Agreement, AND ALL POLICIES AND GUIDELINES OF THE SITE ARE INCORPORATED BY REFERENCE.

mobba.com, (hereinafter "mobba" or "mobba.com") reserves the right to change any of the terms and conditions contained in this Seller Agreement or any policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. You are responsible for reviewing the notice and any applicable changes. Changes to referenced policies and guidelines may be posted without notice to you. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING mobba's POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS Seller Agreement, DO NOT CONTINUE TO USE THE SERVICES OR THIS SITE.

• 1. Eligibility

  Use of the Site and Services is limited to parties that can lawfully enter into and form contracts under applicable law. For example, minors are not allowed to use the Services. To register, you must provide your real company name, Tax payer Id number, real name, street address, phone number, email address, and valid credit card information. You represent that you have all requisite right, power and authority to enter into this Seller Agreement and perform your obligations hereunder.

• 2. Sellers' Fees and Payment Terms

  The amount of the fees due to mobba upon each closed sale will be agreed to in advance between the seller and mobba or, if no fee is agreed to in advance, 15% of the gross transaction amount (including product price, taxes, shipping and handling). In addition to the other fees, Seller will pay a per-item fee of $.50. There are no fees to sign up as a seller and mobba will only collect a fee when you make a sale. mobba may update the default fee without notice to you other than posting the new default rate on its website. In the absence of an agreement between mobba and the Seller, the default fee in effect on the date of sale of the item shall govern the transaction. If you do not meet the commitment to sell a product after the mobba closes, you may be charged a penalty of 10% of your total sales amount. This protects the other sellers bidding on the mobba from false bids and also ensures a successful mobba. All fees are in U.S. dollars unless stated otherwise.

• 3. Applicable Policies and Guidelines

  You agree to abide by the procedures and guidelines--contained in the Help section - for bidding, which are incorporated by reference into, and made part of, this Seller Agreement. The procedures and guidelines contained in the Help section explain the processes and set out acceptable conduct and prohibited practices. We may change these procedures and guidelines in the future, and such changes will be effective immediately upon posting without notice to you. You should refer regularly to the Help section to understand the current procedures and guidelines for participating.

• 4. mobba's Role

  mobba provides a platform for Sellers ("Sellers") and Shoppers ("shoppers") to negotiate and complete transactions. mobba is not involved in the actual transaction between Sellers and Shoppers and is not the agent of and has no authority for either for any purpose. As a Seller, you may bid on the item. Once the bid is accepted Sellers are obligated to provide the goods and/or services as a Seller. The product needs to be shipped to the shopper within five calendar days once the mobba is closed. You use the Site and the Services at your own risk.

• 5. mobba is not a Seller or Broker

  Although mobba is commonly referred to as an online marketplace where Shoppers look for the best deal, it is important to realize that mobba is not a traditional seller or broker. Instead, the Site acts as a venue to allow Shoppers to join as a team to increase buying power, with Sellers bidding for the sales.

• 6. The Payment Process

  IN ORDER TO SELL ITEMS IN mobba , YOU MUST REGISTER WITH mobba AND USE THE PAYMENT PROCESS (the "Payment Process").

  
  

  a. The Payment Process facilitates the purchase of items. A Shopper's authorized credit card payment ("Payment Transaction") is credited to a registered Seller's Account Summary, and funds are periodically transferred to the Seller's designate checking account (“Seller’s Account”) or a check will be mailed. The Shopper may authorize a Payment Transaction with any major credit card accepted by mobba. The Payment Service helps facilitate transactions and is not the purchaser of the Seller's goods. Seller will resolve any dispute directly with the Shopper. Seller must register online with mobba to use the Payment Process. You must provide us true and accurate information when registering and must maintain and update that information as applicable. Seller will not impersonate any person or use a name he or she is not legally authorized to use. Seller authorizes us to verify his or her information (including any updated information), to obtain credit reports about Seller in order to approve Seller for use of the Payment Process and also from time to time while Seller is registered with the Payment Process.

  
  

  b. The payment will be posted to the sellers account on the 1st and 16th of each month for the transactions occurring during during the previous period. If payment date falls on a weekend or holiday it will be posted on the next business day.

  
  

  c. If we can reasonably conclude based on information available to us that a Seller's actions and/or performance in connection with the Services may result in a significant number of shopper disputes, charge backs or other claims, then we may, in our sole discretion, delay initiating any remittances and withhold any payments to be made or that are otherwise due to you in connection with the Services or this Seller Agreement for the shorter of: (a) a period of 90 days following the initial date of suspension; or (b) completion of any investigation(s) regarding any Seller actions and/or performance in connection with this Seller Agreement. We will not be liable to Seller if we act in accordance with the provisions of this Section.

  
  

  d. All notices will be sent by email or by any other means then specified by mobba. We will send notices to Seller at the email address maintained in mobba's records for Seller. Seller will monitor his or her email messages frequently to ensure awareness of any notices sent by us.

  
  

  e. We may refuse service to anyone for any reason. We may earn interest or other compensation from the balances in our bank accounts that result from the timing difference between our being paid by shopper and our bank account being debited to pay Payment Transaction credits to Seller. We reserve the right to seek reimbursement from Seller if we, in our sole discretion, decide to reimburse the Shopper. if Seller cannot promptly deliver the goods, discover erroneous or duplicate transactions, or receive a charge back from shopper's credit card issuer for the amount of Shopper's purchase from Seller. We may obtain such reimbursement by deducting from future payments owed to Seller, reversing any credits to Seller's Account, charging Seller's credit card, or seeking such reimbursement from Seller by any other lawful means. You authorize us to use any or all of the foregoing methods to seek reimbursement, including the debiting of your credit card or checking account.

  
  

  f. Upon termination, any pending transactions can be canceled by mobba.

  
  

  g. We reserve the right, upon termination, to set off against any payments to be made to shoppers, an amount determined by us to be adequate to cover charge backs and refunds from shopper's for a prospective three-month period. At the end of such three-month period following termination, we will refund any amount not used to offset charge backs and refunds to shopper. If you do not meet the commitment after a mobba closes, you will be charged a penalty of 10% of the total sales amount. This protects the other sellers bidding on the mobba from false bids and also ensures a successful mobba.

• 7. mobba Reservation of Rights

  mobba retains the right to determine the content, appearance, design, functionality and all other aspects of the Site and the Services (including the right to re-design, modify, remove and alter the content, appearance, design, functionality, and other aspects of the Site and the Service and any element, aspect, portion or feature thereof, from time to time). We may in our sole discretion withhold for investigation, refuse to process, or stop and/or cancel any of your transactions.

• 8. mobba Participation

  Employees of mobba and its affiliates are permitted to participate in their personal capacity (i.e., not as mobba employees, representatives, or agents of mobba or its affiliates) in the transactions conducted through this Site (unless they have confidential information about a particular item). Employees of mobba and its affiliates, when participating in any transaction in their personal capacity, are subject to this Seller Agreement and the same procedures and guidelines contained in the Help section as any Shopper or Seller on this Site.

• 9. Your Transactions

   

  a. For sales where a Seller bids a price, the Seller is obligated to sell the goods at the bid price to shoppers who meet the Seller's terms. By bidding on this site, you represent and warrant to prospective shoppers that you have the right and ability to sell.

  
  

  b. Seller will determine the bid price for each item the mobba wants.

  
  

  c. Accepting a mobba order is a legal agreement to sell the product or price at the given price and time frame. If the seller does not honor the price or timeframe, he or she may not be allowed to use the Site and the Services in mobba's sole discretion.

  
  

  d. You acknowledge that by not fulfilling these obligations, your action or inaction may be legally actionable.

• 10. Sales, Use, or Similar Taxes

  You agree that it is the Seller's responsibility to determine whether sales, use, or similar taxes apply to the transactions and to collect, report, and remit the correct tax to the appropriate tax authority. You also agree that mobba is not obligated to determine whether sales, use, or similar taxes apply and is not responsible to collect, report, or remit any sales, use, or similar taxes arising from any transaction. The bid price includes all taxes, shipping and handling cost to the Shopper.

• 11. Returns and Refunds

  Please refer to Return and Refunds policies in the Help pages.

• 12. Password Security

  Your password may be used only to access the Site, use the Services, electronically sign your transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account) and are solely responsible for any use of or action taken under your password on this Site. If your password is compromised, you must change your password.

• 13. Illegal Activity

   

  a. Compliance with Laws; Fraud. The Site and Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations. You may not register under a false name or use an invalid or unauthorized credit card. You may not impersonate any participant or use another participant's password(s). Such fraudulent conduct is a violation of federal and state laws. Fraudulent conduct may be reported to law enforcement, and mobba will cooperate to ensure that violators are prosecuted to the fullest extent of the law.

  
  

  b. Disclosure of Information. mobba also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect mobba's systems and customers, or to ensure the integrity and operation of mobba's business and systems, mobba may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information and usage history.

  
  

  c. Shill Bidding. You are strictly prohibited from placing bids or causing bids to be placed on any product for the purpose of artificially decreasing or otherwise manipulating the bidding process on mobba.com or the bid price of any product listed on the Site, or influencing user behavior on mobba.com.

• 14. Privacy; Use of mobba Transaction Information.

  Read the mobba Privacy Notice. The Privacy Notice may be changed by us in the future. You should check the Privacy Notice frequently for changes.

• 15. No Warranties

  THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS. mobba MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION:

  
  

  a. THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;

  
  

  b. THAT THE SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR;

  
  

  c. THAT THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE SITE WILL BE AS REPRESENTED BY THE MANUFACTURERS;

  
  

  d. ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

  
  

  e. ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF mobba.

  
  

• 16. General Release

  BECAUSE mobba IS NOT INVOLVED IN TRANSACTIONS BETWEEN SHOPPERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH OF YOU RELEASE mobba (AND ITS AGENTS AND EMPLOYEES) FROM CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

• 17. Indemnity/Limitation of Liability

   

  a. Indemnity and Defense. You will defend, indemnify and hold harmless mobba and its affiliates (and their respective employees, directors, agents and representatives) from and against any and all claims, costs, losses, damages, judgments, penalties, interest and expenses (including reasonable attorneys' fees) arising out of any Claim that arises out of or relates to: (i) any actual or alleged breach of your representations, warranties, or obligations set forth in this Seller Agreement; or (ii) sale or return of any products you sell, any actual or alleged infringement of any intellectual property or proprietary rights by any products you sell or content you provide, or Seller Taxes or the collection, payment or failure to collect or pay Seller Taxes. For purposes hereof: "Claim" means any claim, action, audit, investigation, inquiry or other proceeding instituted by a person or entity; and "Seller Taxes" means any and all sales, use, excise, import, export, value added and other taxes and duties assessed, incurred or required to be collected or paid for any reason in connection with any advertisement, offer or sale of products by you on or through the Site, or otherwise in connection with any action, inaction or omission of you or any of affiliate of yours, or any of your or their respective employees, agents, contractors or representatives.

  
  

  b. Limitation of Liability. mobba WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE Seller Agreement, THE SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES.

• 18. Applicable Law

  The laws of the state of Washington govern this Seller Agreement and all of its terms and conditions, without giving effect to any principles of conflicts of laws or the Convention on Contracts for the International Sale of Goods. Any dispute with mobba or its affiliates relating in any way to these terms and conditions or your use of the Services in which the aggregate total claim for relief sought on behalf of one or more parties exceeds $7,500 shall be adjudicated in any state or federal court in Clark County, Washington, and you consent to exclusive jurisdiction and venue in such courts.

• 19. Disputes

  Because mobba is not the agent of either Seller or shopper for any purpose, mobba will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction. mobba urges Sellers and shoppers to cooperate with each other to resolve such disputes.

• 20. Termination

  mobba, in its sole discretion, may terminate this Seller Agreement, access to the Site or the Services, immediately without notice for any reason.

• 21.General Provisions

   

  a. Entire Agreement. This Seller Agreement, including any terms and conditions incorporated herein by reference, and the general terms and conditions of the Site, including but not limited to the Privacy Policy and Terms of Use, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof.

  
  

  b. No Agency; Third-Party Beneficiary. mobba is not the agent, fiduciary, trustee, or other representative of you. Nothing expressed or mentioned in or implied from this Seller Agreement is intended or shall be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to this Seller Agreement. This Seller Agreement and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of mobba, you, and relying shoppers or Sellers.

  
  

  c. Severability. If any provision of this Seller Agreement shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

  
  

  d. No Waiver. We will not be considered to have waived any of our rights or remedies described in this Seller Agreement unless the waiver is in writing and signed by us. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. mobba's failure to enforce the strict performance of any provision of this Seller Agreement will not constitute a waiver of mobba's right to subsequently enforce such provision or any other provisions of this Seller Agreement.