Roles and Responsibilities on the Platform

Preamble

The Mota platform is operated by IVEPAC Inc., a company incorporated in Canada. It brings together several categories of user whose roles, rights, and obligations differ. Acceptance of the terms and conditions constitutes acceptance of this allocation of responsibilities.

A single account may hold several roles. In that case the obligations attached to each role apply cumulatively.

Article 1 — User Profiles

1.1 The Customer

Any person who orders a product, a service, a sourcing engagement, or a production run on the platform.

What the customer undertakes:

• To provide accurate information at registration and at the time of order, in particular the delivery address and the identity of the recipient.
• To verify that the product ordered is lawful, importable, and able to be sold in its destination country, and to hold any authorizations that may be required.
• To approve the samples, mock-ups, and specifications submitted to them. A written approval binds the customer: it is the reference against which the conformity of the goods will be assessed.
• To pay the amounts due on the agreed dates.
• To report any incident within the applicable time limits, providing the evidence needed to investigate the case.
• To pay any duties, taxes, and formalities owed in the destination country where they are not expressly included in the quote.

1.2 The Merchant

Any user who lists products or services for sale on the platform, under their own name or that of their business.

What the merchant undertakes:

• To hold the right to sell the items they list: ownership of the goods or a mandate to sell them, together with usage rights over the trademarks, images, names, and protected elements used in their listings.
• To list no counterfeit, unlawful, stolen, restricted, or dangerous item. This obligation is set out in detail in the compliance policy.
• To describe their products accurately and completely: composition, dimensions, weight, origin, condition, quantities available, and lead times.
• To honour the prices, quantities, and lead times they advertise.
• To hold the authorizations, licences, certifications, or registrations required by their activity and their jurisdiction, and to produce them on request.
• To meet the tax, customs, and reporting obligations attached to their activity.

The merchant is solely responsible for the products they list, for their lawfulness, their conformity, and their description. Mota operates the platform and carries out checks; it does not take the merchant's place in bearing responsibility for the merchant's offering.

1.3 The Partner Logistics Agent

A transport, consolidation, customs clearance, or delivery provider listed by Mota and with which Mota has entered into a partnership agreement.

What the agent answers for:

• The physical performance of the transport, from the place of collection to the agreed place of delivery.
• Custody of the goods throughout the period they are in its charge.
• Shipping formalities and, where applicable, customs clearance falling within its mandate.
• Loss, damage, delay, and misdelivery occurring while the goods are in its charge, within the limits and on the terms of its own contract of carriage.
• Handling claims and, where the conditions are met, compensation or reimbursement.
• Making the photographic and video record of the goods at the time they are packed , on the terms of Article 4.3 of the shipping terms.

Mota's role in relation to the logistics agent is defined in Article 2.2 and developed in the shipping terms.

1.4 The Sourcing Partner

A user or entity that identifies, vets, lists, or proposes suppliers, factories, or products on the platform, under a role that has been activated and approved.

What the sourcing partner undertakes:

• To list only suppliers and products it has actually verified, and to flag what it has not been able to verify.
• Not to submit any counterfeit, unlawful, or restricted product, nor any supplier it knows or should know offers such products.
• To disclose any personal interest, shareholding, or commission received from a supplier it lists.
• To respect the confidentiality of the projects, specifications, and commercial information to which its role gives it access.
• Not to go around the platform in order to deal directly with a customer met through it.

1.5 The Affiliate and Business Introducer

A user who promotes the platform in exchange for a commission.

What the affiliate undertakes:

• Not to present Mota as offering guarantees, prices, or lead times that do not appear on the site.
• Not to use misleading solicitation practices, and not to bid on keywords using the Mota name without written authorization.
• Not to present themselves as an employee, agent, or representative of Mota.

Article 2 — Mota's Role

2.1 Nature of Mota's Involvement

Mota operates a platform and provides intermediation, design, supplier selection, production coordination, and logistics introduction services. Unless expressly agreed otherwise in writing in an accepted quote, Mota acts neither as a manufacturer, nor as a carrier or freight forwarder, nor as an insurer.

2.2 Best-Efforts Obligation

Mota's services constitute a best-efforts obligation — an obligation of means, not of result — in particular as regards:

• the selection and vetting of suppliers and factories;
• the selection of partner logistics agents;
• the negotiation of prices and terms;
• the detection of counterfeit, unlawful, or non-compliant items.

Mota applies the reasonable diligence expected of a professional in its sector. It does not guarantee the total absence of failure by a third party.

2.3 What Mota Takes On

• Vetting suppliers and carrying out documentary checks before listing them.
• Negotiating commercial terms on the customer's behalf, within the limits of the mandate given to it.
• Vetting partner suppliers beforehand and obtaining their undertaking to take back or compensate a non-conforming product.
• Storing and making available, in the customer's account, quotes, approvals, approved samples, shipping records, and inspection reports.
• Investigating claims, determining the stage at which a defect occurred, and referring the case to the party identified as responsible — supplier or logistics agent.
• Removing listings and suspending accounts where a breach is established.

2.4 What Mota Does Not Take On

• The physical performance of manufacturing and transport.
• Custody of the goods while they are in transit.
• Insurance cover for the goods.
• The tax, customs, and regulatory obligations falling on the customer in their destination country.
• The legal protection of its customers' trademarks, names, and creations, Mota acting neither as legal counsel nor as a registered trademark or patent agent.

Article 3 — Applicable Sanctions

Any breach of the obligations set out on this page may give rise, according to its seriousness and without prior formal notice where the seriousness warrants it, to:

• a warning;
• removal of the listing, product, or content concerned;
• suspension of the role concerned or of the account as a whole;
• freezing of funds in progress while the case is investigated;
• permanent termination of the account, without compensation;
• retention, by way of damages, of sums owed to a defaulting partner, up to the amount of the loss established;
• reporting to the competent authorities and to the rights holders concerned;
• the bringing of any appropriate legal action.

The user acknowledges that these measures may be imposed on a precautionary basis, before the investigation is complete, where the protection of other users or of the platform requires it.

Article 4 — Disputes Between Users

A dispute between a customer and a merchant, between a customer and a logistics agent, or between a partner and a supplier is a dispute between those parties. Mota may facilitate dialogue, share the information it holds and, where its role allows, intervene with the partner concerned. It is not a party to that dispute and cannot guarantee its outcome.

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