1. ACCEPTANCE OF TERMS AND CONDITIONS

Moblix, a legal entity registered with the CNPJ/MF under nº 37.977.584/0001-71, provides services and technology to aggregate tours, tourist experiences, tickets, activities, transport and other goods or services (Services) and distribute them to resellers (resellers). If you wish to use such Services, this agreement (“Agreement”) obliges you or the company you represent (“Supplier”) to follow the terms set forth herein. conditions set forth herein, the parties agree to the following. Moblix may change the Terms and Conditions at any time, by simply communicating the changes to Users, as follows, at Moblix’s discretion:

(i) publication of the new version of the Terms and Conditions on the Site;

(ii) e-mail the User with a link to the updated Terms and Conditions. If a new version of the Terms and Conditions is published on the Site, Moblix will have no obligation to send the User a link to the updated Terms and Conditions.

1. FEES AND RESALE

1.1 Supplier
Provider agrees to provide its inventory of Services to Moblix for distribution by Moblix to Resellers, who in turn will resell to their customers (Customers).

1.2 Consent for sale
If Provider enables the “Marketplace” functionality, Provider consents to the resale of the Services by any Reseller selected in Moblix’s sole and absolute discretion.

1.3 Fees and commissions
Supplier may set a sales price for the Services by all Resellers in its account maintained with Moblix’s online management system (Moblix Supplier Account) using one of the following methods:

(a) I ask for NET: when the Supplier sets the amount that must be paid to him, as Supplier, in connection with the sale of each of the Services (Net Price) and therefore agrees and acknowledges that Resellers may sell the Services at any price above the Net Price; or

(b) Commission: if the supplier decides to use the commission system within the Moblix supplier account (commission system), he must:

(i) define the gross sales price in relation to each of the Services (Sale Price); and (ii) define the commission percentage, as a percentage of the Sale Price, that it will pay to Resellers in relation to the sale of the Services, in addition to the Moblix Fees also payable in accordance with clauses 2.3 and 2.4, in each case, in clauses 1.3 (a) and 1.3 (b), the amount payable to the Provider in connection with the sale of each of the Services is called Market Rates.

1.4 Traded market rates
If the functionality is available, the Supplier may define alternative values for individual Resellers, providing a Net Price or Commission payable by such Resellers (as per clauses 1.3 (a) and 1.3 (b)) in your Moblix Vendor Account. The amount payable to the Supplier in connection with the sale of each of the Services under this clause 1.4 is called the Negotiated Market Rate.

1.5 Manual payments
If the functionality is available, the Supplier may choose to make payments directly to a Reseller in its Moblix Supplier Account (Manual Payments), in which case the Supplier will make all commission payments to the Reseller promptly in accordance with its agreement with such Resellers. and the commission set in the Moblix supplier account, and Moblix will not administer these payments.

1.6 Definitions
Supplier and Moblix agree and acknowledge that:

(a) if the provider accepts all terms of use for the Moblix Marketplace, the services will not be available for sale by resellers;

(b) if both a market rate and a negotiated market rate are provided, the negotiated market rate applies to all dealers for which a negotiated market rate is set and the market rate applies to all others resellers;

(c) a reference to Fees is a reference to each of the Market Fees and/or Market Negotiated Fees.

1.7 Inclusive prices
Fees include all taxes and duties, commissions and any other fees, costs or other expenses payable to Provider and represent the total amount owed to Provider for the Services and Provider is solely responsible for paying such amounts.

1.8 Best rate guarantee
The Provider warrants that, in addition to the Negotiated Market Rates, the Market Rates are the best and lowest rates offered by the Provider to any distributor of the Services and cannot and shall not provide the Services at a price lower than the Market Rates. Supplier undertakes to promptly notify Moblix of any discounted rates for Services offered through another distribution channel and such lower rates are immediately offered to Moblix and form the Market Rates.

1.9 Agent
Moblix is only a distribution agent for Services, and Provider agrees and acknowledges that Moblix facilitates the sale of Services by Resellers on behalf of Provider. Moblix may, but is not obligated to, distribute the Services to Resellers, but does not purchase or provide any services under any circumstances and this agreement and does not create an employment, trust or partnership relationship.

2. PAYMENTS

2.1 Collection of payments
With the exception of Manual Payments, all Fees will be paid directly to the Supplier upon a reservation made through the Reseller’s sales channels.
Moblix will receive and retain the balance of all payments for Services sold by each Reseller pursuant to this agreement (Service Payments).

2.2 Merchant Fees
All bank charges, business setup charges and credit card charges relating to the collection of Payments for Services and all Fees will be paid by the Provider, including all amounts charged by the Banking Partner referred to in clause 3.1.

2.3 Moblix automatic fee
As payment for the distribution services provided pursuant to this agreement, Moblix will receive and retain the Transaction Fee which will be deducted from the Service Payments.

2.4 Dealer Fee
In connection with each sale of the Services by a Reseller, Moblix will pay the Reseller the amount charged for the sale, less the Moblix Transaction Fee and fees in connection with such sale, in accordance with your agreement with that Reseller.

3. PAYMENT SYSTEM

3.1 Account
The provider must configure its Moblix Platform account, correctly configuring the payment gateway to receive for the sale of Services.

3.2 Banking partner fees
Provider agrees and acknowledges that fees, expenses, conversion fees or any other amounts will be charged by the Payment Gateway to set up, administer, receive payments, convert money or otherwise manage its Payment Account, and Provider is solely responsible for setting up and administering your Payment Account.

4. REFUNDS AND CANCELLATIONS

4.1 Refund and cancellation rules
The Provider is responsible for defining the rule for refunding and canceling its Services, and is obliged to follow it if a request is made by the customer.

4.2 Service dispute
If Moblix is notified or otherwise aware of a dispute in relation to the Services distributed by Moblix, then Moblix may, at its discretion, direct the Provider to reimburse the Customer and the Provider shall promptly conduct the reimbursement.

4.3 Refunds
If any Fees or Payments for Services are refunded, or in the event of chargebacks, fraudulent payments or for any other reason (“Forced Reimbursement”), Fees payable to Provider for such Services are non-payable.

4.4 Supplier costs
Any credit card fees, merchant fees, bank transaction costs or other amounts incurred by a party in making refunds to Customers are solely with the supplier.

4.5 Moblix Refund
If the supplier is required to provide a refund to a customer, Moblix will also refund to the customer any Moblix fees received from that customer in connection with the relevant booking.

5. SUPPLIER OBLIGATIONS

5.1 Service details
The Provider will register comprehensive information regarding the Services (products, tours, experiences, etc.) to the Moblix Provider Account and will diligently ensure that all information entered is true, accurate and contains all information necessary for Customers to make and implement decisions. of purchase.

It is the Supplier’s sole responsibility to keep all information on the Moblix Platform up to date and correct at all times.

5.2 Terms and Conditions
Provider agrees and acknowledges that Moblix’s Terms and Conditions and Terms of Use and Privacy Policy apply to all Services distributed by Moblix.

5.3 Terms of Use
The supplier warrants that it will not upload to the Moblix platform any text, photos or other material that is unlawful, libelous, offensive, in violation of third party copyright or other proprietary rights, or otherwise likely to give rise to a reasonable claim from resellers, Customers or other parties and will always follow and agree to abide by the Terms of Use and Privacy Policy.

5.4 Supplier guarantees
The supplier warrants that it has and will continue to:
(a) hold all licenses and authorizations required by governmental or relevant authorities for the provision of the Services;
(b) is authorized to provide and sell the Services and has operating and security systems that enable it to provide the Services in a safe and appropriate manner;
(c) provide all information reasonably requested by Moblix, including any information necessary to promote the Services;
(d) provide all Services sold by a Reseller in a professional and professional manner with a high degree of care and diligence;
(e) place and confirm all reservations for Services sold by a Reseller;
(f) provide the best possible customer service and experience.

6. MOBLIX DEALER

6.1 Resellers
Moblix may, but is not obligated to, distribute the Services to any Reseller, including travel agents, tour operators, tourism-related organizations, websites, software companies, and any other persons.

6.2 Intellectual property
Moblix and its resellers may, but are not obligated to, promote Moblix, resellers, services and/or the supplier using promotional materials and the supplier hereby grants Moblix and its resellers the right to use any and all promotional materials , including, without limitation, photographs, videos, website content, designs, patents, copyrights and any other intellectual property for the purpose of promoting Moblix, resellers, services and/or the supplier.

7. MOBLIX RESPONSIBILITIES

7.1 Reservations and confirmation
As the Moblix supplier account uses real-time inventory management, confirmations will be provided instantly by the system. Moblix will use all reasonable efforts to ensure that Moblix or its resellers will issue vouchers to customers for presentation to the supplier in any format, in Moblix’s sole and absolute discretion, on condition that the voucher must be in a form that allows the supplier and customer to fully and correctly identify the reservation.

7.2 Reservations
If the services distributed by Moblix are purchased by customers, Moblix will provide reservations and/or service requests (as applicable) to the supplier through the Moblix supplier account.

7.3 Support
Moblix will provide a dedicated support mechanism for use by Supplier that will allow Supplier to contact Moblix employees during reasonable business hours.

8. INDEMNIFICATION AND RELEASE

8.1 Indemnity
Supplier releases Moblix from any action, notice, demand, suit, damage, debt, bill, expense, cost, pledge, loss, liability, suit, litigation, verdict or judgment of any nature (Claim) against Moblix in relation to or in connection with:
(a) the use of any intellectual property or other information owned or provided by the Supplier to Moblix or its Resellers;
(b) Supplier’s activities or operations;
(c) any Claim by a Customer;
(d) any Claim by a Reseller;
(e) any Supplier’s product or Service or other service;
(f) any act of omission by Provider with respect to the Services;
(g) any breach of this agreement by Supplier.

8.2 Limited liability
Moblix is not liable for indirect, special or consequential damages for any loss of revenue, profits or data arising in connection with this agreement, regardless of whether Moblix has been advised of the possibility of such damages and the aggregate liability arising in connection with this agreement is limited to the amount paid or payable to the supplier under this agreement.

9. TERM OF THE AGREEMENT

9.1 Immediate termination by Moblix
Moblix may terminate this agreement or suspend distribution of the Services with immediate effect and without notice if:
(a) Supplier breaches this agreement;
(b) in Moblix’s reasonable opinion, Provider is unable or unfit to provide the Services;
(c) Supplier is, or in Moblix’s reasonable opinion is likely to become, insolvent and shall provide written notice of suspension or termination to Supplier within 7 days.

9.2 Effect of termination
Upon termination, Supplier shall continue to provide all Services sold by Resellers prior to termination in accordance with this agreement and the payment provisions of this agreement will apply with respect to these Services and in all other respects unless expressly stated otherwise. otherwise in this contract.

10. MODIFICATION OF TERMS AND CONDITIONS

Notwithstanding clause 13, Moblix may, in its sole discretion, modify any of the terms and conditions contained in this agreement at any time by notifying the Provider at the email address indicated in your Moblix Provider Account or with the posting the new agreement on the Moblix website.

Notices provided by Moblix through posting on its website will be effective upon posting and notices provided by email will be effective when sent. It is the Supplier’s responsibility to keep their email address up to date. Vendor will be deemed to have received any email sent to the email address Vendor provided to Moblix or that is associated with the Moblix Vendor Account when Molix sends the email, whether or not Molix actually receives the email. mail or not.

10.1 Contact with Moblix
The supplier may provide notices to Moblix under this agreement by emailing contato@moblix.com.br. Moblix may change the email address for notifications by notifying Reseller.

11. GENERAL

11.1 Confidentiality
All matters directly or indirectly related to this agreement and the Moblix website and other information provided by Moblix (except to the extent that such information is already publicly available) constitute commercially sensitive and confidential information of Moblix. Supplier may use Moblix confidential information only as permitted under this agreement and shall take all necessary steps to prevent unauthorized disclosure, dissemination or use of Moblix confidential information. Supplier agrees not to disclose any information provided by Moblix that is designated as confidential or that it should know is confidential to third parties without Moblix’s prior written consent, unless it is legally required to do so, and provided that, when practicable, first provide a notice to Moblix.

11.2 Binding effect of this agreement
This agreement will bind the parties to it and any executor, administrator, assignee, assignee, liquidator or bankrupt trustee named in respect of them.

11.3 Entire Agreement
This agreement constitutes the entire agreement between the parties with respect to the subject matter and supersedes all previous agreements or understandings between the parties with respect to the subject matter.

11.4 Waiver
Moblix’s failure to enforce Supplier’s strict compliance with any provision of this agreement shall not constitute a waiver of any right to further enforce such provision or any other provision of this agreement.

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MOBLIX is the best e-commerce platform for the tourism market. Travel agencies, self-employed agents, tour guides, self-employed entrepreneurs.

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Logo Moblix

E-commerce Platform

MOBLIX is the best e-commerce platform for the tourism market. Travel agencies, self-employed agents, tour guides, self-employed entrepreneurs.

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