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TERMS & CONDITIONS

Terms and Conditions of use of motzza.com.au

Provided by: Punting Superstore Pty Ltd
Version: 2020-02
Previous Version: 2020-01
Last Update: 10 December 2020

  1. Terms
    1. All access to and use of this Website is subject to these terms and conditions (“Terms of Use”). By accessing and using this Website you agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you are not permitted to access and use this Website and you should immediately cease accessing and using this Website.
    2.  Punting Super Store trading as motzza is the owner and operator of this Website.
    3. Each user of this Website agrees to be bound by these terms. Your use and access to this Website indicates your acceptance of and agreement with these terms, as they exist at the time of use.
    4. If you breach any provision of these Terms of Use then your right to access and use this Website will immediately cease.
    5. motzza may amend these terms at any time by posting changes on the Website. If you use the Website (other than to review the amended terms) you will be deemed to have accepted the new terms. The date of the last amendments will be included on the Website.
    6. This Website is intended for use by Australian Residents Only, aged 18 years and over. You should note that this Website (including products, price references and product descriptions) is frequently updated. Products may be withdrawn at any time, without notice.
    7. We may amend these Terms of Use at any time and so we recommend that you refer to these Terms of Use each time you use this Website. The amended Terms of Use will be effective from the date they are posted on this Website. Your continued use of this Website will constitute your acceptance of the amended Terms of Use.
    8. motzza may alter, suspend or discontinue the Website and/or its functionality and/or the content made available through the Website at any time, with or without notice to members and users, and, to the full extent permitted by law and subject to the remainder of these Terms and Conditions, motzza will not be liable to any Member or to any third party should it exercise such rights.
    9. In some circumstances the Website will allow Members 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 Motzzer will have no liability to you in such circumstances subject to the remainder of these terms.
  2. Privacy
    1. We take your privacy seriously. Please visit our Privacy Policy to find out how we use the information that you provide to us. Your use of this Website is at all times subject to the provisions of our Privacy Policy.
  3. Third party products
    1. You can apply for a number of products or services via this Website. These products and services are not provided by us but are instead provided by third parties over whom we do not have control. It is your responsibility to satisfy yourself that you wish to obtain any product before doing so. Before making a decision to purchase a product or place a bet, you should consult the relevant product documents and bookmaker’s terms and conditions. The presence of a product or service on this Website does not constitute an endorsement by us of the provider, the product, the services, the content of the provider’s website, or the activities of the provider.
    2. All product prices are quoted in Australian dollars.
    3. We are not responsible or liable for any loss or damage you or any third party may suffer or incur in connection with any product or service you obtain after using this Website or for any acts, omissions, errors or defaults of any third party in connection with that product.
    4. This Website contains statements regarding the terms of the products and services, including features and inclusions. Some of these statements are generalised in order to give you a summary of the products or services being compared. However, not all products or services are the same and you should confirm the exact terms of any product or services that you intend to purchase prior to purchasing that product. The product information supplied on the Website is available only to Australian residents.
    5. By submitting your personal details through this Website, you are able to make an offer to obtain a product or service from a third party provider. That offer may be accepted or rejected. The contract for the product or service will only be concluded once your offer has been accepted by the relevant third party provider. If your offer is accepted then the product or service will be provided to you, subject to the third party provider’s terms and conditions. You will receive written confirmation if your offer has been accepted.
  4. How we are paid
    1. We provide a service on this Website which enables you to research and compare gaming odds quotes, memorabilia, bloodstock offers and other value added services, all of which are provided by third parties.
    2. We provide a service on this Website which enables you to click through to bookmakers, tipping clubs, memorabilia products and services, bloodstock clubs and consortiums and other gaming and sports betting websites that are listed and are of interest to the Australian punter.
    3. Our comparison service is free for you to use. We receive payment from the third party product or service providers when you use our service to purchase products from them.
  5. Permitted Use
    1. You are only permitted to use this Website for personal use, subject to your compliance with these Terms of Use. Commercial use of this Website is strictly prohibited.
    2. You are only permitted to use this Website if you are over 18 years of age.
    3. You are not permitted to do anything that may affect the security of this Website or any information or material stored within it.
    4. You agree not to:
      (a) use any automated tool (such as a spider, robot or aggregation tool) to access, copy or extract such information;

      (b) copy or disclose to any person, any Website content, other than as expressly permitted by these Terms of Use;

      (c) use any method or process (including data scraping, collection or accumulation tool, robot, spider or scripted responses) for the purpose of obtaining, processing, copying, replicating, distributing, reconfiguring, republishing, viewing, assessing, analysing, modifying or repackaging any Website content;

      (d) use any method or process to consolidate or combine any Website content with any other content, data, information, images or material;

      (e) reverse engineer, disassemble or otherwise attempt to construct or identify this Website’s source code, formulas or processes;

      (f) use systematic, repetitive or any other methods which are designed to obtain a large number of quotes, comparisons, rankings or other pricing and related information from this Website;

      (g) use, obtain or attempt to obtain from this Website, information in order to identify or discover pricing, underwriting, rating and related business methodology or systems; or

      (h) post, distribute or send any ‘spamming material’ or any other form of bulk communication.
    5. You are not permitted to use this Website in any unlawful or fraudulent manner.
    6. You agree that if you provide any information on this Website, that information will be true, accurate and complete.
  6. Registering an Account
    1. This Website allows you to create a personal account. This Website may allow you to sign in to your personal account by generating a standard username and password, or by using your social media username and password. Any such account or access details provided or created by you will be referred to collectively as “Login Details”.
    2. In all cases, if you create a personal account, you agree that: (a) your Login Details must be used by you only;? (b) you will keep your Login Details secure and confidential at all times and will not disclose these to any other person. For security purposes we recommend that you change your password at least once every 6 months; (c) you are responsible for all actions that take place as a result of access to this Website’s services via your Login Details; and (d) any breach of these Terms of Use under your Login Details will be treated as a breach by you.
    3. If you believe that the security of your Login Details is compromised you must notify us in writing immediately, but in any event you should change your password immediately. We will not be liable for any loss you incur due to any unauthorised use of your Login Details (including if someone else accesses your account through Login Details they have obtained from you or through a violation by you of these Terms of Use).
    4. We may disable or close your account at any time as a result of any suspected or actual unauthorised use of your Login Details and we will notify you by using the contact details that you have previously provided.
  7. No Advice
    1. motzza does not offer financial, investment or other advice. Nothing on this Website constitutes financial, investment or other advice by us in relation to any product or service.
    2. This Website is intended to be used for comparison and research purposes, but motzza is not able to bind any third party provider or ensure that any third party provider sells any product or service to you. Accordingly, nothing on this Website amounts to an offer by us or any third party provider to: (a) sell any product or service to you; or (b) enter into any contract with you.
  8. Intellectual Property Rights
    1. The word or mark “motzza” however represented, all associated logos and symbols, and any combinations with another word or mark, are the trademarks of Motzza or one of its group companies.
    2. All intellectual property rights in any material or content contained in or accessible via this Website is either owned by motzza or has been licensed to us for use by us. You obtain no interest in that intellectual property. All content on this Website 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.
    3. You will only make fair use of the trademarks on this Website and will not use them:
      (a) as part of your own marks;

      (b) in a manner which is likely to cause confusion or damage to the reputation of motzza; or

      (c) to identify or imply endorsement or otherwise of products or services to which they do not relate.
    4. Except as set out elsewhere in these Terms of Use, none of the intellectual property rights belonging to motzza or our licensors in and relating to this Website (including any content or material displayed on this Website) may be used, copied, published or distributed by you without our prior written consent. Nothing displayed on the Website should be construed as granting any licence or right of use of any logo, trademark or masthead displayed on the Website, without the express written permission of the relevant owner.
  9. Exclusions and Limit of Liability
    1. This Website, content and services are supplied to you on a strictly “as is” basis and we make no warranties, express or implied, regarding their satisfactory quality, fitness for a particular purpose, reliability, timeliness, accuracy, completeness, security or that they are free from error
    2. We try to ensure that the information displayed on this Website is accurate, however your access to this Website and any action you carry out on the basis of information you obtain from this Website is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result.
    3. We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology, including damage to your software or hardware.
    4. We aim to provide uninterrupted access to this Website but we give no warranty as to the uninterrupted availability of this Website, or the Website is error free, that defects will be corrected, that there will be no technical problems which prevent or unreasonably delay delivery of the Website or any content which ought to be accessible through the Website, or that motzza or the server that makes it available, are free of viruses or bugs.We reserve the right to suspend, restrict or terminate your access to this Website at any time.
    5. We will not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, or otherwise in relation to:
      (a) your use of, reliance upon or inability to use this Website or content;

      (b) the deletion with or without notice or cause of any of your data or information stored on this Website;

      (c) any loss of your content or communications resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of this Website at any time;

      (d) the removal from this Website of any content or communications sent or posted by you on or via this Website;

      (e) any circumstance that is outside of our reasonable control; and

      (f) any loss or damage that is not directly caused by us or which we could not reasonably expect at the time we entered into our agreement with you.
    6. Nothing in these Terms of Use is intended to exclude or limit our liability for death or personal injury, our fraud or any other liability which we may not by law exclude or limit.
  10. Indemnity
    1. You agree to indemnify us, our directors, employees, agents, and contractors for any loss suffered, or any costs that may be incurred arising from your breach of these Terms of Use or your use of this Website.
  11. Contact Us
    1. We have a number of links on this Website. These may take you to other websites. The purpose of these links is to provide you with easy access to further information you may need in making your purchase decision. In no circumstances do we make representations about the accuracy of any information contained on any other websites. We exclude all liability for any loss, damage, cost or expense you incur in accessing or attempting to access a third party website.
    2. If you have any questions concerning this Website or the services and products we provide, please contact us.
  12. General
    1. If any part of these Terms of Use is determined to be legally invalid or unenforceable, such provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the terms will continue unaffected.
    2. You or we will not be prevented from taking any further action if you or we fail to enforce the rights granted under these Terms of Use.
    3. These Terms of Use constitute the entire agreement between you and us relating to your access to and use of this Website and supersedes any prior agreements (including any previous terms of use of this Website).
    4. Member must not use this Website for any purpose or in any way which is unlawful.
    5. By “Website” we mean the features and services we make available, including through our Website at and any other website branded or co-branded websites (including sub-domains, international versions, and mobile versions); (b) our branded apps; and (c) other media, devices or networks now existing or later developed.
    6. WARNING: GAMBLING INVOKES RISK. For the avoidance of doubt, motzza or its parent company or affiliates are not responsible for your gambling losses. Any monetary investment based on information displayed on the Website (or affiliated Websites) is at the risk of the investor.
    7. All information relating to race fields, including horse numbers, scratchings, odds and statistics should be checked with an official source.
    8. If anyone brings a claim against us related to your actions or your content on Website, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. If you use our service to facilitate a bet placement with your bookmaker account, the following terms apply:
      (a)
       We do not accept responsibility or liability of any kind for any loss resulting from the incorrect or non-operation of any feature(s) within our Website.
      (b) I
      t is your responsibility to make sure that your access to bookmakers or tipsters, and your access to and use of the information available from it is not illegal or prohibited by any laws which may apply to you.
      (c)
       We advise you to take your own precautions to ensure that the process that you have in place for accessing third parties through our Website does not expose your computer system the risk of damage from viruses, malicious computer code or other forms of interference. We do not accept responsibility for any interference or damage to your computer system which arises in connection with your use of our Website or any linked Website.
      (d) Y
      ou will be required to enter your betting agency’s login details to utilise this Website. Raw password information is never stored by motzza.
      (e) U
      pon logging into the betting agency through the Website a Session ID is generated by that betting agency. This Session ID is then used to place your wagers via the third party that facilitates bets via motzza.com.au.
      (f)
       When placing your wagers we do not make any representations or warranties for any errors or delays that may occur in data transmission or that the information will be uninterrupted or timely, for example a request or submission that has ‘timed out’.
      (g)
       Whilst this Website provides information and odds from Bookmakers in good faith, it cannot be held responsible for any errors or omissions on the Website as we are entirely reliant on the accuracy of information from third party sources, namely the bookmakers.
      (h) 
      The responsibility lies with the end user to ensure that they are satisfied that the Odds they have selected and the value of the wager are correct.
      (i) 
      We do not accept responsibility or liability of any kind for any loss resulting from any action taken or not taken, or your reliance on any information or material that is posted on or available from our Website.
      (j) 
      Your access to the motzza.com.au only allows you access to the Bookmakers that we currently have available. We reserve the right to add or remove any Bookmakers without notice.
      (k) 
      We accept no responsibility for any wager that may be placed and that you acknowledge that there is no assurance of the acceptance or accuracy of any wager in respect of any race placed through our Website.
      (l) 
      We accept no responsibility for information shared by you publicly or privately on the Website, including any errors or omissions with shared information. You must take responsibility to ensure that your bet sharing settings are appropriate for your circumstances.
      (m) The acceptance of all bets received by motzza is at the sole discretion of the relevant third party wagering operator.
      (n) You are responsible for ensuring that all persons who have access to motzza through your internet connection or equipment are aware of these Terms, and that they comply with them.
  13. Governing Law
    1. These Terms of Use and your access to and use of this Website is governed by and will be interpreted in accordance with the laws of New South Wales, Australia.
    2. Each of you and us submits to the non-exclusive jurisdiction of the courts of New South, Australia in connection with these Terms of Use and your access to and use of this Website.