These Terms and Conditions (Terms) govern your use of Motu Move. They should be read in conjunction with the Motu Move Privacy Policy.
Motu Move is New Zealand’s national public transport ticketing and payments system, delivered by NZ Transport Agency Waka Kotahi (NZTA) partnering with Public Transport Authorities. Motu Move will be operational in a region once the relevant Public Transport Authority transitions onto Motu Move. The Public Transport Authorities that are working on transitioning onto Motu Move are Auckland Transport, Bay of Plenty Regional Council, Environment Canterbury, Gisborne District Council, Greater Wellington Regional Council, Hawke’s Bay Regional Council, Horizons Regional Council, Invercargill City Council, Nelson City Council, Northland Regional Council, Otago Regional Council, Taranaki Regional Council, and Waikato Regional Council.
Motu Move manages ticketing and payments, but each Public Transport Authority manages its own fares, timetables, journey planning and local transport operators. The terms and conditions of using a public transport service are set by the Public Transport Authority that provides that service (for example the Conditions of Carriage for a bus service). Visit your Public Transport Authority website for more information on these.
Initially, only some of Motu Move’s features, functionality, and customer service options will be available. If a paragraph in these Terms refers to a feature, functionality or customer service option which isn’t yet available through Motu Move, then the relevant part of that paragraph will be read as though the feature, functionality or customer service option wasn’t included in that paragraph. For example, Motu Move will start in 2024 by accepting only debit and credit cards for payment, adult fares only will be available, and the Motu Move website will display information only and you can access your travel history only by calling the contact centre.
As other Motu Move features, functionality and customer service options become available for you to use, which can include (in no particular order) the Motu Move app, Motu Move cards, Motu Move tickets, creating a Motu Move account, concessions, and other customer service options, the parts of the paragraphs in these Terms that relate to those features, functionality and customer service options will apply.By using Motu Move, you agree to these Terms. You’re considered to be using Motu Move if you do any of the following:
tag onto a public transport service (bus, train, or ferry) using Motu Move with a credit or debit card or Motu Move card
buy or top up a Motu Move card
buy or use a Motu Move ticket
visit or use the Motu Move website or app
create a Motu Move account
contact the Motu Move contact centre or an authorised service centre
interact with any Motu Move social media channels.
You can contact the Motu Move team through:|
the Motu Move contact centre with the telephone number 0800 66 77 88
and, once the following contact options are available for Motu Move, through:
www.motumove.govt.nz
the Motu Move app
an authorised service centre.
Authorised means authorised by us.
Card account means an account that is automatically set up in Motu Move when a specific payment method is first used on Motu Move.
Fare cap means the maximum total fare for a day or week that is set by the relevant Public Transport Authority.
Journey means all of the individual trips you take to get to your destination. There can be multiple journeys in a day.
Motu Move means the system described in paragraph 2, and includes the Motu Move equipment, website, app and Motu Move card.
Motu Move card means the prepaid card authorised by us for use on Motu Move.
Motu Move account means an account created through the Motu Move website or app, the contact centre or an authorised service centre.
Public Transport Authority means the relevant council or council controlled organisation listed in paragraph 2.
Payment method means the specific authorised payment method that is presented by a customer to Motu Move for travel. On Motu Move, the physical and digital form of a card are treated as two separate payment methods. For example, a physical debit card is a payment method, and the digital version of that debit card is a different payment method.
Travel history means information about the past travel taken on a public transport service that uses Motu Move, where a debit, credit or Motu Move card was used to tag on.
Trip means a single boarding and alighting on a single vehicle. One or more trips could make up a journey.
We, us and our means NZ Transport Agency Waka Kotahi.
You and your means the person who interacts with Motu Move.
A reference in these Terms to a debit or credit card means a debit or credit card issued by Visa, Mastercard and/or an American Express card.
The authorised payment methods for Motu Move are:
all physical Visa, Mastercard or American Express debit or credit cards
digital versions of Visa, Mastercard or American Express debit or credit cards saved in an Apple Pay, Google Pay or Samsung Pay digital wallet on your device
and, once Motu Move accepts Motu Move cards and/or Motu Move tickets for processing through Motu Move, the authorised payment method for Motu Move will include:
Motu Move card
all paper and digital Motu Move tickets.
Authorised retailers who sell a Motu Move card will control their own payment methods, which are not subject to these Terms.
We can change the authorised payment methods at any time.
Unless these Terms state otherwise, the following rules apply in relation to tagging on and off with Motu Move:
You must successfully tag on and tag off for every trip in your journey. For example, if you take two buses in your journey, you must tag on and off each bus. If you don’t tag off, you may be charged a higher fare. If you don’t successfully tag on for a trip, you must not take that trip unless the driver or Motu Move representative gives permission.
You must use the same payment method to tag on and tag off each trip, to ensure you’re charged the correct fare. For example, if you use a physical card to tag on and a digital form of that card (like the card on your phone) to tag off, the system will see two separate tag ons without a tag off and you’ll be charged twice.
You must use the same payment method for each trip within a journey to benefit from any fare features or policies in your in your region (such as fare caps).
Each person (other than children under 5) must tag on and tag off with their own payment method.
You do not need to tag off if you tag on with a Motu Move ticket or if a Motu Move representative lets you know that you do not need to tag off.
Any authorised Motu Move representative can ask to check whether you’ve successfully tagged on for your trip, and you must immediately allow them to check the payment method used (such as your physical card, ticket or digital card). If you don’t verify with the Motu Move representative that you’ve successfully tagged on, you may be required to tag on and/or be issued with an infringement notice. Any penalties are decided by each Public Transport Authority and don’t form part of these Terms.
Motu Move will create a card account when you first tag on to Motu Move with a debit, credit or Motu Move card without you submitting personal information through the Motu Move website or app. Through your card account, you can:
pay for travel with any of the payment methods listed in paragraph 8
buy, top up and get the balance of a Motu Move card
see limited travel history.
That card account can be accessed without providing personal information. That card account is different to the Motu Move account, which you create by submitting information as described in paragraph 16, and has the additional features described in paragraph 15.
A Motu Move account allows you to:
apply for concessions (because some personal information may be required in order to verify concession eligibility)
set up notifications for useful reminders
see detailed travel history and purchase history for any debit, credit or Motu Move card linked to that Motu Move account
create or correct a missing tag in some situations
block a Motu Move card if it’s lost, stolen or damaged and have the balance linked to a new Motu Move card
set up auto-top ups for a Motu Move card
manage cards for others, such as arranging top ups for a child’s Motu Move card, as described in the FAQs on the Motu Move website
add two factor authentication to protect your Motu Move account.
You can create a Motu Move account through our Motu Move website or app, the Motu Move contact centre or authorised service centre. You’ll need to provide your name and required contact details and provide a password, or link your login to a RealMe account.
If you don’t provide all information required to create a Motu Move customer account, or if we think the information you provide is incomplete, incorrect or false, we can suspend or cancel your Motu Move account, or refuse to create a Motu Move account for you.
You can ask us to close your Motu Move account at any time.
You can unlink a debit, credit or Motu Move card from a Motu Move account through our Motu Move website or app, the Motu Move contact centre or authorised service centre. Once you unlink a debit, credit or Motu Move card, you can access basic travel history information through the Motu Move website or app.
Please note, we may retain your Motu Move account or payment method information even if you cancel your Motu Move account or unlink a payment method. Please see the Motu Move Privacy Policy for more details.
You must keep all usernames and passwords for your Motu Move account secure and confidential and not disclose them to any third party.
You must take reasonable care to:
choose a password that only you know and can’t be easily guessed
not tell anyone your password
not allow anyone to see or record your password when you enter it
change your password regularly
regularly monitor your Motu Move account and report any unauthorised use or suspicious transactions to Motu Move.
You must immediately change your password if you think someone else knows it.
You’re responsible for any actions taken through your log-in. We’re entitled to rely on any activity on or from your Motu Move account unless we alone cause the unauthorised activity on your Motu Move account.
Without limiting any other rights and remedies available to us, if we believe you’ve breached these Terms or, if we at our sole discretion consider your behaviour or use of Motu Move to be unacceptable, we may do any or all of the following:
issue a warning to you
cancel or suspend your Motu Move account or any part of it
block or suspend any credit, debit or Motu Move card that was used on Motu Move from being used on Motu Move in future
cancel any Motu Move card
warn others if we believe they may be at risk
co-operate fully with any law enforcement authorities or court orders requesting or directing us to disclose any information we hold about you (which may include identity, location, payment or other details).
If we cancel or suspend your Motu Move account because you have breached these Terms, you must not create another Motu Move account without our permission.
As set out at paragraphs 8-10 above, Motu Move can take fare payments from physical or digital versions of Visa, MasterCard, or American Express debit or credit cards.
Your debit or credit card provider or digital wallet provider may require you to comply with their terms and conditions when you use their services. Those terms and conditions do not form part of these Terms.
Tagging on successfully confirms you’ve commenced a trip – no payment is taken at that time, but you may see a 10c hold on your debit or credit card account.
Tagging off with the same payment method confirms where the trip ended and triggers the fare calculation for that trip.
We will usually process and request payment overnight for your travel, and once your debit or credit card issuer has processed the transaction successfully, you’ll see one transaction showing the payment made from your debit or credit card for your total fare for the day in question – this reverses the 10c hold. You may not see that transaction on your debit or credit card account for a few days.
If you think a Motu Move charge made to your debit or credit card is wrong, please contact us through an online request on the Motu Move website or app, the Motu Move contact centre or an authorised service centre, so we can review the transactions and make any corrections. Any refund will be limited to a correction of any over-payment and will only be paid to the debit or credit card it came from.
If you don’t have enough money or credit on your debit or credit card to cover the 10c hold when you tag on (even if you are entitled to travel free for that trip), your card may be declined and, if your card is declined, you’ll need to pay for your travel using another payment method.
When we request payment overnight, if the debit or credit card you used on Motu Move has insufficient funds to pay your total fare for the day, that card may be suspended from use on Motu Move. Motu Move can block you from using the physical or digital version of that card on Motu Move for travel until the debt is cleared.
Where paragraph 35 applies, the following will occur:
We’ll automatically try again to collect the fare until the debt is cleared, at 1, 2, 10 and 14 days afterwards and potentially after that timeframe too.
You can ask us to try again between these times if you want to speed up the process. A customer with a Motu Move account can ask us to try again through the Motu Move website or app but any customer can ask us to try again through the Motu Move contact centre, or at an authorised service centre.
You will owe any outstanding amount to us as a recoverable debt, and if the debt is not cleared, we have the right to use a collection agency and charge you for any recovery costs.
The Motu Move card is a prepaid card that can be used to prepay for travel on public transport services that use Motu Move.
It’s important to note that the prepaid balance is not stored on the Motu Move card itself – each card has its own Motu Move card account automatically set up in Motu Move, which tracks the Motu Move card balance over time.
You can buy a Motu Move card online through our website or app, the Motu Move contact centre or from an authorised service centre or retailer. Find a retailer The cost of buying the card is not refundable, and we can change the purchase price of the Motu Move card at any time. The cost of a digital and physical Motu Move card may be different.
If you order a Motu Move card through the Motu Move website or app or the Motu Move contact centre, it will be delivered to the physical address you provide. You’ll need to follow the instructions to activate the Motu Move card before you can use it. Any Motu Move card bought in person will be activated for you at the time you buy it from the authorised retailer or service centre.
Any new Motu Move card has a $0 balance, and you’ll need to add a minimum of $5 to the Motu Move card balance when you buy the card.
When you buy a Motu Move card, you have the right to use it in accordance with these Terms, but you do not own or have title to the card.
You need a sufficient positive balance for your Motu Move card before you use it to tag onto Motu Move. To add money for your Motu Move card balance, you need to do a top up.
You can top up your Motu Move card balance through the Motu Move website or app, the Motu Move contact centre or an authorised retailer or service centre. After the initial $5 top up required when you buy a Motu Move card, the minimum top up is $1.
We’ll try to record any top ups for your Motu Move card balance in near-real time, but we don’t guarantee that any top up made will be available to use for travel immediately.
If you provide debit or credit card details to us to pay for a top up, you agree that you are authorised to use that debit or credit card. If you save those payment details through our website or app, you can remove or change those details through our website or app.
If you have linked your Motu Move card to a Motu Move account, you can set up an automatic top up through our Motu Move website or app to happen whenever your Motu Move card balance falls below your chosen amount. You can remove or change your automatic top up details through our Motu Move website or app.
As outlined at paragraph 11, you’ll need to tag on and tag off each trip with the same Motu Move card to complete the ticketing and fare payment process, as follows:
Tagging on successfully confirms you’ve commenced a trip – no deduction is made against your Motu Move card balance at that time.
Tagging off with the same Motu Move card confirms where the trip ended and triggers the fare calculation for that trip.
The fare payment is deducted from your Motu Move card balance shortly after the trip ends.
Your fare will automatically be adjusted for any free transfers, concessions, discounts or maximum fare caps that apply to that Motu Move card for that trip.
When you top up your Motu Move card balance, you are making a pre-payment to us for future trips – like buying a retail store voucher. The process works as follows:
You can check your Motu Move card balance online on the Motu Move website or app, through the Motu Move contact centre, or in person at an authorised service centre. You don’t need to have a Motu Move account to do that check.
Fares will be calculated and then deducted from your Motu Move card balance when you tag off for each trip. The fare for each trip is automatically adjusted for any free transfers, concessions, discounts or maximum fare caps that apply to that Motu Move card.
The following rules apply to Motu Move card balances:
If you tag on successfully but don’t have enough money in your Motu Move card balance to cover your trip, your Motu Move card balance will be negative and you won’t be able to use your Motu Move card again until you top up and clear the negative balance. We have the right to use any top up to first clear any amount owing on your Motu Move card. You will owe any negative balance to us as a recoverable debt, and if the debt is not cleared, we have the right to use a collection agency and charge you for any recovery costs.
The maximum balance that can be held for your Motu Move card account at one time is $300, and the total amount prepaid for your Motu Move card must be less than $10,000 over any consecutive 12-month period.
If you create a Motu Move account and link your Motu Move card to it, and your Motu Move card is lost, stolen or damaged, you can put a hold on your Motu Move card and protect your Motu Move card balance. However, if you have not linked your Motu Move card to a Motu Move account, you may lose the full balance remaining for your Motu Move card.
If you think your Motu Move card balance is wrong, please send an online request to us through the Motu Move website or app, the Motu Move contact centre or an authorised service centre, so we can review the transactions and make any corrections. Any correction will be applied to your Motu Move card balance and will be limited to the amount of any incorrect deduction.
We are not obliged to provide any refund of your prepaid Motu Move card balance.
We can consider a refund in some exceptional situations of a Motu Move card balance but only if it is linked to a Motu Move account.
Refund requests are considered at our discretion, and any refund given does not create any precedent for any future refund requests.
If you have a Motu Move account, you can request refunds online on our website or app, through the Motu Move contact centre or an authorised service centre.
We can suspend or cancel a Motu Move card and/or the associated Motu Move card account if we think:
the Motu Move card and/or Motu Move card account has been stolen or fraudulently issued, topped up or used
there is a security risk that may affect your Motu Move card or Motu Move card account
that you haven’t complied or we think you won’t comply with these Terms
that we need to, to meet our legal obligations.
If your Motu Move card is lost, stolen, or damaged, you can block it through the Motu Move website or app, the Motu Move contact centre, or an authorised service centre.
If you have a Motu Move account linked to the lost, stolen or damaged Motu Move card, you can unlink the Motu Move card from your Motu Move account and link a new Motu Move card to your Motu Move account to continue using your balance.
We have no obligation to prevent the unauthorised use by another person of a lost or stolen Motu Move card.
Each Motu Move card has an expiry date printed on it. The Motu Move card is valid through to the final day of the month shown on the Motu Move card. You will not be able to successfully use the Motu Move card on Motu Move after that date.
If you have a Motu Move account, you can link a new Motu Move card to your Motu Move account to continue using your balance. This can be done online on our website or app, or through the Motu Move contact centre or an authorised service centre.
If an expired Motu Move card balance is linked to a Motu Move account but, within 6 years of the Motu Move card’s expiry, that balance is not linked to another Motu Move card, we can close the Motu Move account and you will not be entitled to use any remaining Motu Move card balance.
If we agree a Motu Move card is faulty or subject to a recall and you ask for a replacement, we’ll replace it for free.
If your Motu Move card is lost, stolen, or damaged, you’ll need to buy a replacement card if you want one. You can also continue to use Motu Move using other authorised payment methods.
You can buy a Motu Move ticket online through the Motu Move website or app, or an authorised service centre, to pre-pay for a trip that uses Motu Move. You can also pay with cash for a Motu Move ticket on board a public transport service, if the relevant Public Transport Authority allows this.
Each Public Transport Authority can set and change the fares and usage terms for a Motu Move ticket from time to time. A Motu Move ticket purchased in one Public Transport Authority’s region might not be able to be used in another region.
All physical and digital Motu Move tickets have an expiry date. You might not be able to use the Motu Move ticket after its expiry date and you’re not entitled to any refund for a Motu Move ticket.
In this section, a “concession” describes the amount of a fare deduction that is available to you if you provide the required evidence of your eligibility (such as a student or SuperGold status).
Fare concessions and the required evidence of your eligibility are set (and can be changed) by each Public Transport Authority and/or NZTA and may be different between regions. A Public Transport Authority and/or NZTA can change or remove a concession and/or the required evidence of eligibility at any time.
You need to have a Motu Move account to apply for a concession as we may need some personal information and the required evidence to confirm your eligibility. You can apply for a concession through the Motu Move website or app, the Motu Move contact centre, or an authorised service centre. A concession can be linked to one physical or digital debit, credit or Motu Move card at a time. That same payment method must be used to tag on and tag off a trip for the concession linked to that payment method to apply. Through the Motu Move website, app, contact centre or an authorised service centre, you can change the physical or digital debit, credit or Motu Move card that links to the concession.
Through a Motu Move account, you can manage concessions for others, for example, applying for a concession for a child’s physical or digital Motu Move card, as described in the FAQs on the Motu Move website.
You must not allow another person to use your payment method to receive a concession they are not entitled to, or to contribute towards a discount (such as a maximum fare cap) they would otherwise not be eligible for.
You must not use your payment method to receive a concession or discount that you know, or would be reasonably expected to know, you are no longer entitled to.
Apart from your right to use Motu Move in accordance with these Terms, you do not have any right, title or interest in any part of Motu Move.
We’ll try to maximise the reliability and availability of Motu Move, keep any downtime to a minimum, and ensure information provided is accurate, but we don’t guarantee that any part of Motu Move will be free of errors or interruptions.
You agree to use Motu Move in a manner that complies with all applicable laws and regulations and that does not infringe our rights, nor the rights of anyone else, nor restricts or inhibits use of Motu Move.
You agree not to:
damage or harm Motu Move, or any underlying or connected network or system
modify, adapt, translate, disassemble, decompile, reverse engineer, create derivative works of, any software or data related to Motu Move, including the Motu Move card, Motu Move account or our app or website
alter, remove, or hide any copyright notice or other notice appearing on Motu Move, including on a Motu Move card or Motu Move account
resell, distribute, reproduce any Motu Move card in any way or for any purpose (or allow anyone else to)
use a harvesting bot, robot, spider, scraper, or other unauthorised automated means to access the Motu Move website or app, or content featured on it for any purpose
introduce any viruses, content or code to Motu Move, which is technologically harmful
use Motu Move to do anything unlawful, misleading, malicious, or discriminatory
use Motu Move in a way that would breach any person’s intellectual property or other rights
do anything that could disable, overburden, or impair the proper working of Motu Move, including a denial-of-service attack
facilitate or encourage any violations of these Terms
solicit log-in information or access an account belonging to someone else.
You are solely responsible for taking appropriate steps to ensure that your access to, and use of, Motu Move is protected against malware. All information transmitted to you or from you via Motu Move is transmitted at your sole risk.
You may create a hyperlink to the Motu Move website or app from another website or app. However, you are responsible for all direct and indirect consequences of the link, and this link must not be presented in any way that implies that Motu Move has an association with the other site or endorses that site or the products available on or through that site. Neither our name, nor any of our logos may be used without our written consent.
Any use of the Motu Move app is subject to any terms applying to the external website or online store where you downloaded the app (including any updates made to those terms from time to time).
Except as expressly set out in these Terms, nothing in these Terms confers on you any right, interest or title in any intellectual property or other rights in Motu Move, including the Motu Move card, the Motu Move website or app, any of the content (such as text, graphics, logos, icons and sound recordings) and/or any software code underlying and forming part of them.
You can view, save, copy and print any part of the publicly accessible Motu Move website or app (including content) for your personal use only. You must get written permission from us to otherwise use, copy, modify, or distribute any part of Motu Move (including the content on our website or app) in any way. If you want to use any third-party material identified as such on the Motu Move website or app, you must get prior approval from the relevant third party. This includes any content you access via links from the Motu Move website or app.
We will collect the following information about your use of the Motu Move website, but will not connect the following usage information with your identity except where we think it necessary to respond to a security or safety issue, to check compliance with the terms of any agreement with you (including the Motu Move Privacy Policy), or as required or permitted by law:
the internet (IP) address you used to access the website or app
any search words you used
the pages you accessed, the links you clicked on and any documents you downloaded
the date and time you visited the website or app
any site you linked from to get to our website or app
any site you link to from our website or app
the screen resolution of your computer or device
the type of web browser or operating system you used
first-party cookies used by Google and Firebase Analytics.
We use Google Analytics and Firebase analytics to collect data. We use this data to understand how you use our website so we can improve its design and functionality. When we use Google Analytics and Firebase analytics, Google’s privacy policy will also apply.
We understand that it is important for you to know how we treat your personal information. We will comply with our obligations under the Privacy Act 2020.
By using Motu Move you agree to the Motu Move Privacy Policy, which explains how we, collect, store, use and share your personal information.
You’re responsible for ensuring you are familiar with these Terms, as they might change from time to time. We can change these Terms from time to time by publishing an updated copy on the Motu Move website.
If we think a change will have a significant negative effect on your use of Motu Move, then, at least 10 days before the change takes effect, we’ll notify each customer with a Motu Move account using the text or email address shown on that account.
If you don’t agree to any change to these Terms, you must stop using Motu Move.
By continuing to use Motu Move, you agree to be bound by the latest Terms, whether you are specifically aware of any changes made or not.
If you’d like to raise a complaint about Motu Move, you can use the online form on the Motu Move website or app, call the Motu Move contact centre, or visit one of our authorised service centres.
If your complaint is about another Motu Move customer, please confirm in your complaint how they’ve breached these Terms. If they have not breached these Terms, we may decline to get involved in any dispute between you and another customer.
If we’re not able to resolve your complaint, any dispute will be held in New Zealand and you agree not to claim that New Zealand is an inconvenient forum for the dispute.
For complaints about local public transport services or transport operators please contact your Public Transport Authority. Regional public transport sites
If the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 must apply to your use of Motu Move, nothing in these Terms limits your rights under those Acts.
Subject to any responsibility we have under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986, we will only be liable to you under or in relation to these Terms if we have breached these Terms.
If we are liable under these Terms:
our liability is limited to the loss, cost, expense, damage and/or claim (Loss) of yours that is direct
our liability is limited to a maximum aggregate of $2,500,000 across all affected persons for any event or series of related events (Aggregate Customer Cap). If the Aggregate Customer Cap applies, we will allocate that amount among the relevant affected persons, as we (in our sole discretion) see fit. Regardless of whether the Aggregate Customer Cap applies, our maximum liability to each affected person for any event or series of related events will be $5
we will not be liable for any actual or anticipated Loss of profits, revenue, savings, wasted expenditure, Loss of business opportunity, Loss of contract or any consequential or indirect Loss, or for any third party’s Loss (even if that third party’s loss is a direct Loss).
The monetary limitation set out in these Terms does not limit our liability to you if your Loss is caused by our fraud under these Terms.
The limitations of liability in this section apply regardless of whether your claim is made in contract, tort (including negligence), equity or any other head of law, and apply only to the extent permitted by law.
Without limiting the above, we are not liable:
to the extent that you have contributed to the Loss, including through your fraud or negligence or breach of these Terms
for your unauthorised use of Motu Move
for a third party’s failure or delay in providing a public transport service (such as a Public Transport Authority or their respective service providers)
for any Loss caused by Motu Move, including the website or app, not being available, correct or fully functional at any given time
for any interference or damage suffered by any electronic device or mobile device which occurs as a result of the Motu Move card
for any Loss or breach due to circumstances outside our reasonable control
for any Loss or breach due to a cyber event where we have complied with these Terms.
You must not claim against a Public Transport Authority, our respective service providers or their respective subcontractors relating to their involvement with Motu Move. Any such claim can be made against NZTA. We can include the Loss of any Public Transport Authority, our respective service providers, and their respective subcontractors, in a claim against you, even if we haven’t suffered that Loss ourselves.
We reserve the right to change Motu Move (or any part of it) at any time, including by removing functionality or the type of equipment used or that can be used in and with Motu Move.
If we don’t enforce one of these Terms, it doesn’t affect the validity of these Terms or our rights to take action. We can choose to use our rights in different ways at different times. We’ll only be prevented from using our rights if we’ve agreed that in writing.
We can assign, novate, transfer or subcontract our rights or obligations under these Terms at any time, without your consent or any notification to you.
If any part of these Terms is ruled invalid, unenforceable or illegal, it will be considered deleted and the remainder of these Terms will remain in full effect.
NZ Transport Agency Waka Kotahi is the contracting counterparty with you for these Terms. For the purposes of Subpart 1 of Part 2 of the Contract and Commercial Law Act 2017, paragraph 104 is intended to confer a benefit on, and be enforceable by, each Public Transport Authority, our service providers and their respective subcontractors. Otherwise, these Terms do not give any third party a right to enforce or receive the benefit of these Terms.
These Terms are governed by New Zealand law and the courts of New Zealand have non-exclusive jurisdiction to hear and determine all issues and disputes relating to Motu Move.
The rights and remedies provided in these Terms are cumulative and do not exclude any rights or remedies provided by these Terms or law.
In these Terms, the headings do not affect the interpretation. A reference to legislation is to that legislation as amended, replaced or superseded, from time to time. A reference to a document is to that document as updated, replaced or superseded, from time to time. A reference to “includes” means “includes without limitation” and other grammatical forms of “includes” will be interpreted in the same way. These Terms bind you and your successors and assigns. Any amounts payable under these Terms are payable in New Zealand dollars and include any applicable goods and services tax.
These Terms and the Motu Move Privacy Policy constitute our entire agreement and supersede all prior agreements, arrangements, understandings and representations (whether oral or written) given by or made between you and us, relating to the subject matter of these Terms. All implied warranties and representations (including about quality or fitness for purpose) are excluded from these Terms. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
