motza Site Terms and Conditions

Welcome to our Site. These are our terms for use of the Site which you may access in several ways, including but not limited to the web, PDAs, mobile phones and RSS feeds. These Terms & Conditions (terms) apply whenever you access the Site, regardless of how you access the Site.

Use Of This Site

1. Nationwide News Pty Limited ABN 98 008 438 828 (News), is the owner and operator of this Site.

2. Each user of this Site (User or you) agrees to be bound by these terms. Your use of and access to this Site indicates your acceptance of and agreement with these terms, as they exist at the time of use.

3. News may amend these terms at any time by posting changes on the Site. If you use the Site (other than to review the amended terms) after a notice of change has been provided, you will be deemed to have accepted the new terms. News will include on the Site the date on which it last made amendments to these terms.

Content and Functionality Of The Site

4. News may alter, suspend or discontinue the Site and/or its functionality and/or the content made available through the Site at any time, with or without notice to Users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, News will not be liable to any User or to any third party should it exercise such rights.

5. In some circumstances the Site will allow Users to access and download certain content onto your device(s).  Some such content may not be available at all times in the future for subsequent download and News will have no liability to you in such circumstances subject to the remainder of these terms.

Intellectual Property

6. All intellectual property in relation to content on this Site belongs to News or its licensors, advertisers or affiliates. You obtain no interest in that intellectual property. All content on this Site is protected by Australian and international copyright and other intellectual property laws. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the content.

7. You may download and view content or print a copy of material on this Site for personal, non-commercial use provided you do not modify the content in any way (including any copyright notice). All rights not expressly granted under these terms of use are reserved by News. Unless expressly stated otherwise, you are not permitted to copy, or republish anything you find on the Site without the copyright or trademark owners’ permission.

8. The logos of the Site are trademarks of News or its related bodies corporate. Other trademarks may be displayed on the Site from time to time. These may belong to third parties. Nothing displayed on the Site should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Site, without the express written permission of the relevant owner.

No Advice

9. Content included on the Site is prepared as general information only.  It is not advice and should not be substituted for personal advice which takes into account your individual health, financial or other circumstances.

Liability & Indemnity

10. News does not exclude any rights and remedies in respect of goods or services under the Australian Consumer Law in the Competition and Consumer Act 2010 (ACL) or equivalent State or Territory legislation which cannot be excluded, restricted or modified. News otherwise excludes all rights, remedies, guarantees, conditions and warranties in respect of goods or services from your use of the Site whether based in statute, common law or otherwise to the extent permitted by law. To the fullest extent permitted by law, including the ACL, the following provisions apply:

a) News does not warrant the accuracy of the content which you access through this Site. The content is provided to you “as is” and on an “as available” basis and on the condition that you undertake all responsibility for assessing the accuracy of the content and rely on it at your own risk. All content which you access through this Site may be changed at News’ sole discretion and without notice.

b) News will have no responsibility or liability in relation to any loss or damage that you incur, including damage to your software or hardware, arising from your use of or access to this Site.

c) News does not warrant that functions of this Site or which you access through this Site, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Site or any content which ought to be accessible through the Site, or that News or the server that makes it available, are free of viruses or bugs.

11. Where permitted under local law, including the ACL, liability of News, for any breach of a term or condition implied by law is limited at News’ discretion, to the supply of any service again or the payment for the cost of having any service supplied again. However, News cannot limit its liability in this manner if you establish that it would not be fair or reasonable for News to do so.

Third Party Content & Links

12. This Site may include third party content which is subject to that third party’s terms and conditions of use. Nothing on this Site should be construed as granting any licence or right for you to use that content.

13. This Site may include links to third party sites which are not related to News and in relation to which News has no control or interest. The appearance of those links on this Site does not indicate any relationship between News and that third party or any endorsement by News of that third party, its site or the products or services which it is advertising.

Contributing Content

14. When you submit content to News in any format, including any text, photographs, graphics, video or audio, you grant News a non-exclusive, royalty-free, perpetual licence to publish, transmit or otherwise use that content in our published materials, now and in the future and to attribute you, using the details you have provided to us, as the author/provider of that content.

15. News reserves the right not to use the content you submit.

16. You warrant that you have all of the necessary rights, including copyright, in the content you contribute, that your content is not defamatory and that it does not infringe any law.

17. You indemnify News against any and all legal fees, damages and other expenses that may be incurred by News as a result of a breach of the above warranty.

18. You waive any moral rights in your contribution for the purposes of its submission to and use by News in accordance with these terms.

General

19. Users must not use this site for any purpose or in any way which is unlawful.

20. These terms shall be governed by and interpreted in accordance with the laws of the state or territory set out below.

21. The use of this website is restricted to users that are 18 years of age or older.

motza Service terms

The Service

22. motza is an online service provided by News that allows members to earn rewards on eligible purchases made at participating retailers in Australia, which rewards can be withdrawn by the member by payment into the member’s connected bank account (Service or motza).  The maximum rewards a member can earn is $50 per week. Once this limit is reached in a week further purchases in that week do not earn rewards in that week or in later weeks.

General eligibility

23. Membership of the Service is open to natural persons only. To be eligible to join the Service, you must be 18 years of age or older and reside in NSW.

24. You must not join nor use the Service on behalf of any other individual, including a family member. You must not allow any other individual to use the Service and/or your Account (as defined in 26 below) on your behalf.

25. motza is currently only available to iOS users (iOS 12 and above) and will be available to other users at a later date. 

Account

26. Members must create and maintain a motza account with News and must connect that motza account to an Australian bank account in the member’s name.

27. A member must not create or have control and/or custody over multiple motza accounts. In particular:
a) Each mobile number may only be linked to one motza account;
b) Each email address may only be linked to one motza account; and
c) Each bank account may only be linked to one motza account. 

28. Membership and motza accounts are not transferable between members under any circumstances.

29. You may cancel your account at any time through the app. Simply deleting the app will not give effect to termination.

30. If your motza account is cancelled for any reason, the cancellation is final and your motza account cannot be re-activated. If your motza account is cancelled for any reason, you will forfeit all your rewards and all outstanding redemption payments. Any such rewards and payments will remain our property and are immediately and irreversibly forfeited (and we will have no further obligation to make any payment to you).

Earning & Withdrawing Rewards

31. Members earn rewards based on their purchase of eligible goods and services at participating retailers using the bank account connected to the member’s Motza account. 

32. Cash payments, payments using gift cards and payments using payment platforms such as Afterpay, Zip Pay and PayPal aren’t eligible for rewards. 

33. The details of each particular reward on offer from Motza will be described in the app from time to time. The details and the terms of each reward on offer can be different, can change from time to time and can be subject to the minimum spending requirement, limited periods of availability and any other conditions or restrictions. The details and terms of an offer can be changed on reasonable notice. To earn a reward on offer a member must comply with the details and terms of that offer.

34. Certain purchases may be excluded from reward on offer. 

35. In general, a reward is earned on net purchase amount excluding shipping and handling. However, reward amounts and exclusions vary from participating retailer to participating retailer. motza hereby disclaims any and all liability in connection with any incorrect information or failure to include information on the list of exclusions. Some examples of typical exclusions include (but are not limited to):

a) a reward can only be earned when the purchase is completed using specified payment methods;

b) a reward can only be earned when the purchase is completed during the applicable offer validity period;

c) a reward can only be earned when the member activates the relevant offer before making the purchase; and

d) different rewards can be earned by different members

36. The maximum rewards a member can earn is $50 per week. Once this limit is reached in a week further purchases in that week do not earn rewards in that week or in later weeks. You acknowledge and agree that News and motza give no assurance about the amount of rewards you can earn using motza.

37. If a participating retailer is unable to process a purchase you make because of a fault or issue that retailer is experiencing (such as a fault or issue with that retailer’s payment system), we have no liability  to you and have no obligation to provide you with a reward for that purchase. 

38. We may reverse any reward if the purchase is subject to a return or is cancelled, or if you fail to pay for the purchase in full or because the retailer disputes the purchase.

39. We reserve the right to reverse or cancel any reward credited to your MOTZA account incorrectly, or not in accordance with, or in breach of, these terms, at any time. In particular, if rewards are credited to your motza account due to a human or computer error, or if rewards are credited to your motza account due to the accidental or deliberate exploitation of a computer-programming bug by you or by anyone else, we reserve the right to adjust or reverse the reward without notice.

40. Rewards will generally be credited to your motza account up to 7 days after you have met the terms of the reward on offer. This can take longer around public holidays, or if there is a dispute about the purchase or if your payment card is replaced.

41. We may, in our absolute discretion, suspend or cancel a motza account if we suspect any fraud, gaming or tampering is likely to result in any loss or damage to us. motza may, in its absolute discretion, disqualify any member suspected of engaging in any fraud, gaming or tampering behaviour from receiving any rewards.

42. If you need to make a manual reward claim:

a) You must claim promptly and within 30 days of making the purchase;
b) The information you supply at the time of making the claim must be accurate and correct. If you do not supply accurate and correct information, we may reject your claim for reward;
c) You must provide all documents, information and evidence which it is reasonable for you to hold and reasonably necessary to confirm that the purchase the subject of the claimed reward has been made and not reversed; and
d) We must be able to confirm from the information you provide that the purchase is a qualifying purchase

43. Accumulated rewards can be withdrawn by you only by payment to your connected bank account. The minimum amount of accumulated rewards you can withdraw from your motza account is $10.00.. We can impose threshold amounts of accumulated rewards and waiting periods before rewards can be withdrawn. We will do so, and can change those terms, by giving at least 14 days’ notice. Before a withdrawal can be made, you must satisfy our request of you to supply us with proof of identification document, for account verification and security purposes. We may refuse withdrawals if we suspect that there has been any fraudulent activity on or in relation to your motza account, or if we suspect that you are not in compliance with these terms. Each withdrawal is final and not reversible.

44. We are not responsible for any loss if the bank account details you supply are wrong.

45. If your motza account is inactive more than a year we may cancel your membership and all rewards not withdrawn will be forfeited.45. You are responsible for any and all taxes that may apply to all rewards you have earned or withdrawn. We make no representation about the tax treatment of such amounts.

46. You are responsible for any and all taxes that may apply to all rewards you have earned or withdrawn. We make no representation about the tax treatment of such amounts.

Liability for Purchases

47. We are not liable for any products or services you purchase from participating retailers, nor for any products and services you may purchase as a result of viewing, being served advertising or clicking on links on our Site. We give no assurance that the terms of purchase from participating retailers or advertisers are the best terms, or lowest rates available. We are in no way party to and will not be liable for enforcing any agreement made between you and any participating retailer or advertiser.

Technology

48. You are solely responsible for all communications, data and device costs associated with your use of the Site and the Service. 

49. We may update this Site and the Service and you are responsible for keeping  your device and the means by which you use this Site and the Service up to date.

Privacy, site usage data, cookies and preferences

50. We collect information about you, including for example your name and contact details which you provide when registering or using our services as well as information from data houses, social media services, our affiliates and other entities you deal or interact with for example by using their services.  We collect and use that information to provide you with our goods and services, to promote and improve our goods and services, to provide you with targeted advertising based on your online activities, for the purposes described in our Privacy Policy at https://preferences.news.com.au/privacy and for any other purposes that we describe at the time of collection.  We may disclose your information to our related companies, including those located outside Australia.  Any of us may contact you for those purposes (including by email and SMS) at any time.  We may also disclose your information to our service and content providers, including those located outside Australia.  If you do not provide us with requested information we may not be able to provide you with the goods and services you require.  We may disclose your personal information as required by law. Further information about how we handle personal information, how you can complain about a breach of the Australian Privacy Principles, how we will deal with a complaint of that nature, how you can access or seek correction of your personal information and our contact details can be found in our Privacy Policy at https://preferences.news.com.au/privacy.

51. We collect information about the content (including ads) you use across this site and use it to make both advertising and content more relevant to you on our network and other sites. Find out more about our policy, how we use cookies  and your choices, including how to opt-out at https://preferences.news.com.au/preferences, https://preferences.news.com.au/data and https://preferences.news.com.au/cookies

Bank Account Credentials

52. To use motza you must provide your bank account credentials to a service provider we use to retrieve transaction information from your bank account. 

53. The service provider we currently use to do this is Basiq Pty Limited, but we may use a different service provider in future. 

54. That service provider securely stores and handles your bank account credentials and does not disclose them to us.

55. When you cancel your motza account, the service provider will permanently delete your bank account credentials from the service provider’s records. If you switch bank accounts the service provider will permanently delete your bank account credentials for the old bank account from the service provider’s records.

Transaction Information

56. The service provider uses a secure electronic platform to login to your bank account, and retrieve and store copies of your transaction information, and provides us with reports about your transaction information.

57. While we only ask the service provider for reports on your transaction information for the bank account that you connect to your motza account, the service provider will also retrieve and store copies of your transaction information for any other bank account with the same bank for which you use the same banking credentials.

58. We and our service provider will retrieve, store and use historical transaction information, not just information on transactions that may earn rewards.

59. We and the service provider securely stores and handles your transaction information.

60. We and the service provider may anonymise your bank account transaction information, retain that anonymised information and use it in the provision of services, to improve those services and allow third parties to use that retained anonymised information.

61. When you cancel your motza account, our service provider  will permanently delete your bank account transaction information, but may retain and use your anonymised bank account transaction information.

62. If you participate in our pilot in the first half of 2020, our service provider will, at the conclusion of the pilot, permanently delete your bank account transaction information and your anonymised bank account transaction information, collected during the pilot.

63. When you cancel your motza account, we will permanently delete your bank account transaction information, except to the extent we need to retain it to verify transactions with you, but we may retain and use your anonymised bank account transaction information. 

Terms required by Basiq

64. Each member agrees to provide and warrant that all information provided or otherwise submitted via motza is true, accurate and complete. 

65. Each member acknowledges and agrees that it is responsible for its use of motza and that:
(a) each User uses motza at their own risk;
(b) motza will only be used for the member’s own lawful purpose in accordance these terms; and
(c) if there are any unauthorised access or use of motza or any breach of security, the member must immediately notify News of such activity.

66. The member represents and warrants it is permitted to use content delivered to the member via motza. The member may not copy, reproduce, distribute or create derivative works from this content. The member agrees not to reverse engineer any of the source code or technology associated with motza.

67. Your use of motza supplied by News is subject to interoperation of services supplied by third party websites or applications. By using the services, you appoint News as your limited agent authorised to: access such third party websites or applications, servers, documents and information as designated by you; use your information; and perform all acts as required for News and Basiq to supply motza to you. 

68. Each member is licensing to News and its service providers (including but not limited to Basiq) (each is a Service Provider) any information, data, materials or other content the member provides through or to motza (Content), the right to use, modify, display, manipulate and create derivative works using such Content and provide the Services to the member. 

69. Each member acknowledges and agrees a Service Provider may also use, sell, license, reproduce, distribute and disclose aggregate, non-personally identifiable information that is derived through the member’s use of motza.

70. Each member acknowledges and agrees that, to the extent permitted by law including the Australian Consumer Law section of the Competition and Consumer Act 2000 (Cth):

(a) its use of motza and all information, products or content are provided to such member in good faith on an “as is” and “as available” basis. To the fullest extent permitted by law, the member and Service Providers expressly disclaim all warranties of any kind as to motza and all information, products and other content (including that of third parties) included in or accessible from motza;

(b) the member is responsible for determining the suitability of any motza services and such member relies on any Content or other information provided via motza at its own risk;

(c) use of motza, Content and other information provided by News and Service Providers is at their own risk and the restrictions applicable to News are equally applicable to the members;

(d) News and Basiq makes no warranty that:

i. motza will meet the member's requirements;
ii. the quality of motza will meet the member’s expectations;
iii. motza will be uninterrupted or error-free;
iv. any information, product or content obtained via motza will be accurate or reliable; andv. any errors in the software or technology will be corrected.

(e) the member downloads or otherwise obtains through the use of motza the material or data at its own discretion and risk and that the member will be solely responsible for any infections, contaminations or damage to their computer, system or network except where same is caused by the negligence or gross misconduct of News or Basiq; and

(f) News and Basiq are not responsible or liable for delays, inaccuracies, errors or omissions arising out of any member’s use of motza, any third party software, services or operating system except where same is caused by the negligence or gross misconduct of News or Basiq.

71. The member warrants that:

(a) he or she has the power, right, authority and entitlement to execute these terms and perform its obligations under these terms;

(b) he or she has full corporate power to execute, deliver and perform its obligations under these terms;

(c) these terms constitute a legal, valid and binding obligation of it enforceable in accordance its terms by appropriate legal remedy; and

(d) in entering into and performing his or her obligations under these terms he or she has not and will not be in breach of any relevant law or any obligation owed to another person.

72. Each member agrees to be liable for and to indemnify, defend and hold Basiq harmless from and against any and all claims, liabilities, suits, actions and expenses, including costs of litigation and reasonable legal costs, resulting directly or indirectly from:

(a) any violation of these terms or of any intellectual property or other right by the member;

(b) any use or misuse of motza, Content or data from or by the member, his or her employees, contractors or agents or any third party; and

(c) any breach of law, regulation or licence by a member.

73. Each member agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provisions as if Basiq is a party to these terms.

74. Each member acknowledges and agrees that:

(a) the member enters into these terms with News who, for the purposes of accepting these terms, is acting as limited agent for Basiq; and

(b) each member agrees that Basiq is a third party beneficiary to the above provisions, with all rights to enforce such provision as if Basiq were a party to these terms.