Motofy Rego Saver Terms & Conditions
Accumulated Funds is the sum of any amounts deducted by Us from Your Nominated Account under the Agreement, less any Fees;
Agreement means this agreement;
Fees means any fee, charge, payment or unpaid amount that You owe to Us at any time, and includes any amount owed to Us by You under the terms of Your current Lease Agreement or any previous Lease Agreement or any other amounts lawfully owed by You to Us;
GST means a tax imposed by or under the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Lease Agreement means any Vehicle lease agreement that You hold with Us;
Nominated Account means Your bank account, debit card, credit card, Paypal account or any other account nominated by You to Us for use under this Agreement;
Us, Our and We means Strive Enterprises Pty Ltd, ABN 11 600 755 771;
Term is the period from when We commence withdrawing funds from Your Nominated Account under this Agreement until You request the return of Your Accumulated Funds under Clause 5 or until this Agreement is cancelled, whichever is sooner;
Vehicle means the vehicle nominated by You in the Application in respect of which the Registration premium is due on the Registration
Premium Payment Date or any Vehicle listed on Your Lease Agreement;
Website means www.motofy.com.au;
You and Your have corresponding meanings;
2.1 The purpose of the Motofy Rego Saver Program (‘RSP’) is to facilitate payment of your Vehicle registration when it falls due.
3.1 You authorise Us to withdraw funds from Your Nominated Account on a week basis during the Term of this Agreement;
3.2 Your request for Us to withdraw funds must be submitted via Our Website;
3.3 When you submit a request, You must nominate the amount You wish to be withdrawn and You understand and agree that each time We process a Withdrawal, We will charge You a fee as set out in Clause 6;
3.4 You authorise Us to hold all funds withdrawn from Your Nominated Account during the Term;
4.1 You may vary the amount that We withdraw from Your Nominated Account at any time;
5. Return of Your Accumulated Funds
5.1 You understand and expressly agree that Your Accumulated Funds consist of the funds We have deducted from Your Nominated Account during the Term, less any fees, charges, payments of other amounts that You owe Us either under this Agreement, any Lease Agreement or in any other lawful way;
5.2 Any request for the return of Accumulated Funds by You must be submitted in writing, by email or via our Website;
5.3 At the end of the Term we will return to You the total of Your Accumulated Funds, partial returns are not allowed;
5.4 At the end of the Term, payment of Your Accumulated funds will:-
5.4.1 Be by electronic transfer, into a Your nominated bank account; and
5.4.2 Within 10 business days of the end of the Term;
6.1 We charge the following fees under this agreement;
6.1.1 $1.10 each time we deduct any amount from Your Nominated Account;
6.1.2 $5.50 when we return Your Accumulated Funds;
7.1 Either party may cancel this Agreement at any time by giving the other party notice in writing;
7.2 If either party cancels Your Lease Agreement, this Agreement will also be cancelled;
8.1 You indemnify Us (and Our officers, employees, agents and contractors) against any and all costs, claims, damages, expenses and liabilities arising from any claim, action or proceeding made, brought or commenced by any person, including You, in relation to any breach by You of any term of this Agreement or any wilful, unlawful or negligent act or omission of You.
9.1 You understand and agree that to participate in the RSP You must have a Paypal account;
9.2 You agree to abide by the Paypal Terms & Conditions of service;
9.3 You expressly authorise any transactions undertaken between Your Paypal account an Us;
10.1 The non-exercise of, or delay in exercising, any power or right of a party does not operate as a waiver of that power or right, nor does any single exercise of a power or right preclude any other or further exercise of it or the exercise of any other power or right.
10.2 This Agreement and the Application constitutes the entire agreement between the parties and supersedes all prior negotiations, arrangements and agreements between the parties.
10.3 Any provision in this Agreement which is invalid or unenforceable in any jurisdiction is to be read down for the purposes of that jurisdiction, if possible, so as to be valid and enforceable, and is otherwise capable of being severed to the extent of the invalidity or unenforceability, without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of that provision in any other jurisdiction.
10.4 This Agreement shall be governed by the law of the Queensland and the parties submit to the exclusive jurisdiction of the Courts of that Territory and any applicable appellant courts.
10.5 In this Agreement a reference to "dollars" or "$" is to an amount in Australian currency.
10.6 Reference to the singular includes a reference to the plural and vice versa.
10.7 You are not entitled to any interest or other income We may receive directly or indirectly as a result of holding any funds on Your behalf;