1. About the Website
-
(a) Welcome to www.motzabox.com (Website). The Website provides an online Marketplace online for users to donate the proceeds of sales of goods through an online marketplace (Services).
-
(b) The Website is operated by Motzabox Pty Ltd (ACN 666 725 748) (Motzabox). Access to and use of the Website, the marketplace, or any of its associated Products or Services, is provided by Motzabox.
-
(c) Please read these terms and conditions (Terms) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
-
(d) Motzabox reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Motzabox updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
-
(e) Charitable fundraising activities in Queensland are regulated by the Office of Fair Trading (OFT). The OFT administers the laws that govern fundraising across the state – the Collections Act 1966 (QLD) and Collections Regulation 2008 (QLD).
2. Acceptance of the Terms
(a) You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to 'accept' or 'agree' to the Terms where this option is made available to you by Motzabox in the user interface.
3. Subscription to use the Services
- (a) In order to access the Services, you must first purchase a subscription through the Website (Subscription) and pay the applicable fee for the selected Subscription (Subscription Fee).
-
(b) In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
-
(c) Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (Account).
-
(d) As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- (i) Email address;
- (ii) Preferred username;
- (iii) Mailing address;
- (iv) Telephone number;
- (v) Password;
- (vi) ACNC Charity Registration Number;
- (vii) ABN/ACN; and/or
- (viii) Managing Director name.
-
(e) You warrant that any information you give to Motzabox in the course of completing the registration process will always be accurate, correct and up to date.
-
(f) Once you have completed the registration process, you will be a registered member of the Website (Member) and agree to be bound by the Terms.
-
(g) As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (Subscription Period).
-
(h) You may not use the Services and may not accept the Terms if:
- (i) you are not of legal age to form a binding contract with Motzabox; or
- (ii) you are a person barred from receiving the Services under the laws of Australia or other countries including the country in which you are resident or from which you use the Services.
4. Your obligations as a Member
4.1. As a Member, you agree to comply with the following:
- (i) you will use the Services only for purposes that are permitted by:
- (A) the Terms; and
- (B) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- (C) for the purposes of selling goods on the Motzabox Marketplace, you are considered a Selling Member (“Selling Member”);
- (D) if you are buying goods on the Motzabox Marketplace, you are considered a Buying Member (“Buying Member”); and
- (E) at all times, you can be both a Selling Member and a Buying Member;
- (ii) you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- (iii) any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify Motzabox of any unauthorised use of your password or email address or any breach of security of which you have become aware;
- (iv) access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of Motzabox providing the Services;
- (v) you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of Motzabox;
- (vi) you will not use the Services or Website for any illegal and/or unauthorised use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorised framing of or linking to the Website;
- (vii) you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services.
- (viii) you agree that appropriate legal action will be taken by Motzabox for any illegal or unauthorised use of the Website; and
- (ix) you acknowledge and agree that any automated use of the Website or its Services is prohibited.
5. How it works
5.1. As a Member, you agree to comply with the following:
- (i) Selling Members identify goods/items for donation to a charity/not-for-profit/cause, posts them to the Marketplace with a specified price (“Goods Payment”);
- (ii) Selling Member selects the charity/not-for-profit/cause to receive proceeds, posting the ad on the Marketplace Marketplace for public browsing;
- (iii) Buying Member can "Buy Now" or make an offer; upon commitment or offer acceptance, they provide payment details;
- (iv) Upon Goods Payment, funds undergo pre-authorization and transfer is pending until item pickup or transaction completion;
- (v) Following Goods Payment, the Buying Member receives the pick-up address, coordinating with the seller for an agreed-upon date and time;
- (vi) Upon item collection, the Selling Member notifies Motzabox by clicking the "Picked Up" button.
- (vii) Both Buying Members and Selling members agree that no delivery offered at the time these terms and conditions were prepared but future delivery options may become available.
- (viii) Funds are released after 7 days or sooner if the item is picked up within 7 days and the Selling Party notifies Motzabox of the pick-up.
6. Payment
- (a) Where the option is given to you, you may make payment of the Subscription Fee by way of electronic funds transfer (EFT) into our nominated bank account.
- (b) All payments made in the course of your use of the Services are made by Motzabox retaining 20% of the donations collected on behalf of your nominated Charity Organisation.
- (c) In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the by Motzabox retaining 20% of the donations collected on behalf of your Charity Organisation.
- (d) You agree and acknowledge that the donation is subject to the Charity Organisation terms and conditions, which can be found on their website. It's important to note that we do not exert control over the terms and conditions established by the Charity Organization.
- (e) You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- (f) You agree and acknowledge that Motzabox can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
7. Refund Policy
Motzabox will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Motzabox makes a decision, in its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (Refund).
8. Refund Policy
- (a) The Website, the Services and all of the related products of Motzabox are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design.
- (b) You acknowledge and agree that all intellectual property rights associated with the content you upload, post, or share on the Marketplace, including but not limited to product listings, images, and descriptions ("User Content"), remain with you or the respective intellectual property owner.
- (c) By posting User Content on the Marketplace, you grant Motzabox a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform the User Content solely for the purposes of operating and promoting the Marketplace and facilitating transactions. This license is granted for the duration your User Content is made available on the Marketplace and will terminate when you remove or delete your User Content from the Marketplace.
(d) You agree that the Marketplace may use aggregated and anonymized data derived from your use of the Marketplace for analytics, research, and promotional purposes, while ensuring the confidentiality of individual user information.
- (e) Any use of Motzabox's intellectual property, including but not limited to trademarks, logos, and trade names, without explicit permission is strictly prohibited.
- (f) Motzabox respects the intellectual property rights of charities and third parties. Any charitable organization trademarks or copyrighted materials used in connection with the donation process are the property of their respective owners, and the Marketplace disclaims any ownership or endorsement of such intellectual property.
- (g) To the extent permitted by law, the elements, interactive features and the concepts of Motzabox are owned by Motzabox and its contributors.
- (h) All trademarks, service marks and trade names are owned, registered and/or licensed by Motzabox, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a Member to:
- (i) use the Website pursuant to the Terms;
- (ii) copy and store the Website and the material contained in the Website in your device's cache memory; and
- (iii) print pages from the Website for your own personal and non-commercial use.
- (i) Motzabox does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Motzabox.
- (j) Motzabox retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- a. business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
-
- b. a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
-
- c. a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
-
- (k) You may not, without the prior written permission of Motzabox and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.
9. No Endorsement of the charity or charity landing page
- (a) The presence of a charity on the Motzabox website does not imply an endorsement by Motzabox of the charity, the content and opinions incorporated in the charity's landing page, or the fundraising activity promoted by it.
- (b) Users are responsible for verifying that they are directing donations to the intended charity and cause. Motzabox accepts no responsibility for charity selection or the use of donations by the charity.
10. Refunds
Refund requests can be made by contacting Motzabox before funds are transferred to the charity. If funds have been forwarded to the charity, the donor should contact the charity directly for refunds.
11. Disbursement of Donated Funds
If Motzabox is unable to disburse donations due to incorrect or insufficient details, efforts will be made to contact the beneficiary. If unsuccessful, Motzabox may refund donors (if possible) or, at its discretion, donate the funds to another charity or retain them.
12. Crowdfunding Pages
Crowdfunding pages are not intended for charities and are not affiliated with Motzabox. Buying and Selling Users should carefully read descriptions and ensure the intended recipient is verified.
13. About Causes Featured on the Motzabox Website
Causes listed on Motzabox have agreements with Motzabox authorizing the collection of donations. Motzabox is not responsible for the activities of any cause. Charities must have the necessary authorization to operate as per local laws.
14. Use of Your Donation
Motzabox does not guarantee the specific use of donations by a cause and shall not be responsible for dissatisfaction with a cause's use of donations. Further dealings after donations are made are solely between the donor and the cause.
15. Privacy
Motzabox takes your privacy seriously and any information provided through your use of the Website and/or Services are subject to Motzabox's Privacy Policy, which is available on the Website.
16. General Disclaimer
- (a) Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the Australian Consumer Law (or any liability under them) which by law may not be limited or excluded. For the avoidance of doubt:
- (i) all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- (ii) Motzabox will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- (b) Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you "as is" and "as available" without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Motzabox make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Motzabox) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- (i) failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
- (ii) the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- (iii) costs incurred as a result of you using the Website, the Services or any of the products of Motzabox; and
- (iv) the Services or operation in respect to links which are provided for your convenience.
17. Limitation of liability
- (a) Motzabox's total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
- (b) You expressly understand and agree that Motzabox, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
18. Termination of Contract
19. Indemnity
You agree to indemnify Motzabox, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- (i) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content; and/or
- (ii) any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- (iii) any breach of the Terms.
20. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
21. Venue and Jurisdiction
The Services offered by Motzabox is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Queensland, Australia.
22. Governing Law
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
- (a) A party to the Terms claiming a dispute (Dispute) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute (Notice).
- (b) On receipt of notice by the other party, the parties to the Terms must:
- (i) Within 21 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
- (ii) If for any reason whatsoever, 21 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the President of the Australian Mediation Association or his or her nominee;
- (iii) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
- (iv) The mediation will be held in Brisbane, Australia.
- (c) Confidential
All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as "without prejudice" negotiations for the purpose of applicable laws of evidence.
- (d) Termination of Mediation
If 30 days have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
The Terms are governed by the laws of Queensland, Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Queensland, Australia, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
23. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
24. Severance
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.
