1. Requirements for Registration
In order to use MOOKH, you hereby consent to provide and agree to complete all required information elements on MOOKH registration web pages.
- You must register a valid bank account and M-PESA enabled number to receive remittance from MOOKH.
- You undertake and agree to provide current, complete and accurate information and maintain it as current and accurate.
- We may require you to provide additional information as a condition of continued use of MOOKH, or to assist in determining whether to permit you to continue to use MOOKH.
We, in our sole and absolute discretion, may refuse to approve or may terminate existing registrations with or without cause or notice, other than any notice required by any applicable law, and not waived herein.
By agreeing to this Terms of Service for Merchants, you represent that you are:
- 18 years old or older; and
- Capable of entering into a legally binding agreement.
2. Payment Processing
MOOKH allows merchants to upload products on to their MOOKH page and facilitates the processing of Payment Transactions to complete a payment for a purchase between the Merchant and a Customer.
MOOKH will store information from Customers, such as their Payment Instruments, and will process Payment Transactions on behalf of Merchants.
We may delay payment processing of suspicious transactions or transactions which may involve fraud, misconduct, or violate applicable law, this Terms of Service for Merchants, or other applicable MOOKH policies, as determined in MOOKH’s sole and absolute discretion.
Merchant authorizes MOOKH to charge or debit to Merchants MOOKH account the necessary charge necessary to complete processing of a Payment Transaction by a Customer.
Merchant also authorizes the crediting to Merchants MOOKH account in connection with reversals, refunds, or adjustments through MOOKH.
You acknowledge and agree that your purchases of Products are transactions between you and the Customer, and not with MOOKH.
MOOKH is not a party to Merchants purchase of Products, and MOOKH is not a Merchant or a Customer in connection with any Payment Transaction, unless expressly designated as such in the listing of the Product on a MOOKH Web Site www.mookh.com.
You agree that to protect MOOKH from any fraudulent activity and ensure Customer security, MOOKH will hold any payments made for physical products until MOOKH receives delivery confirmation using the MOOKH delivery confirmation system.
Ticketing payments will be made the day after the event. Digital Content and donation payments will be remitted when the request is made for remittance by the merchant.
3. Limitation on the use of Service
We reserve the right to change, suspend or discontinue any aspect of MOOKH at any time, including hours of operation or availability of MOOKH or any MOOKH feature, without notice and without liability. We also reserve the right to impose limits on certain MOOKH features or restrict access to parts or all of MOOKH without notice and without liability.
We do not warrant that the functions contained in MOOKH will be uninterrupted or error free, and we shall not be responsible for any service interruptions (including, but not limited to, power outages, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of Payment Transactions or MOOKH).
We may limit or suspend your use of MOOKH at any time, in our sole and absolute discretion. If we suspend your use of MOOKH, we will attempt to notify you by electronic mail and/or SMS.
Merchants will be required to adhere to MOOKH’s delivery verification system. Unfullfiled / unverified deliveries will be deemed incomplete and result in delay of payment remittance until verified.
5. MOOKH Account Information
You are responsible for:
- Maintaining the confidentiality of your MOOKH Account.
- Any and all transactions by persons that you give access to or that otherwise use your MOOKH account.
- Any and all consequences of use or misuse of your MOOKH account
- You agree to notify us immediately of any unauthorized use of your MOOKH account or any other breach of security regarding MOOKH of which you have knowledge.
7. Service Fees
We do not charge a fee to use MOOKH to upload products on to your MOOKH page. MOOKH fee is applicable only when products are purchased from your MOOKH page. There is a NO REFUND policy on our fee after transactions are completed using MOOKH.
MOOKH will provide various tools to assist Merchants and Customers in communicating with each other to resolve a dispute that may arise with respect to their transaction.
If Merchant and Customers are unable to resolve a dispute, we can mediate disputes between them if either party requests assistance.
9. MOOKH is NOT a Banking Institution
MOOKH processes Payment Transactions on behalf of Merchants. MOOKH is not a bank or other chartered depository institution.
10. Termination of Service
We may, in our sole and absolute discretion without liability to you or any third party, terminate your use of MOOKH for any reason, including without limitation inactivity or violation of this Terms of Service or other policies we may establish from time to time.
Upon termination of your use of MOOKH, you remain liable for all Payment Transactions and any other obligations you have incurred.
Upon termination, we have the right to prohibit your access to MOOKH, including without limitation by deactivating your MOOKH account and to refuse future access to MOOKH by you.
11. No Endorsement of Products
MOOKH does not represent or endorse, and shall not be responsible for:
- The safety, quality, accuracy, reliability, integrity or legality of any Product, the truth or accuracy of the description of Products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through MOOKH
- The ability of Customers to buy Products or Merchants to deliver Products. MOOKH hereby disclaims any liability or responsibility for errors or omissions in any Content or in MOOKH.
12. Limitations of Liability; FORCE MAJEURE
MOOKH shall not be liable to the Buyer in the event of any disruption of MOOKH or the Payment Platform or any part thereof resulting from Force Majeure and MOOKH may suspend MOOKH or part thereof in such an event.
Force Majeure for purposes of this Terms of Service means any situation or event that makes it impossible for MOOKH to perform its obligations and includes but is not limited to any act of God such as lighting, floods, earthquakes, prohibitive decisions made by the government or local authority or civil war conflict and industrial strikes as well as any global or partial dysfunction of MOOKH caused by disruption or suspension of the telecommunication facilities.
13. Modifications of Terms of Service for Buyers
We have the right, in our sole and absolute discretion, to change, modify, or amend any portion of this Terms of Service at any time by posting notification on MOOKH Web Site or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you, after the initial posting and shall apply on a going-forward basis with respect to Payment Transactions initiated after the posting date. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of MOOKH.