Website Terms & Conditions
Welcome to the User Agreement for Cash Converters eCommerce and other websites
The services available at http://www.cashconverters.com.au and all other Cash Converters eCommerce and websites urls are provided by Cash Converters ("Cash Converters", "we", "us" or "our", which means any and all companies in the Cash Converters International Group), located at Level 18, 37 St Georges Terrace Perth, Western Australia 6000.
This User Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at http://www.cashconverters.com.au and all other Cash Converters eCommerce and website urls (the "Site"). If you do not agree to be bound by this User Agreement, you may not use or access our services.
You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site. We strongly recommend that, as you read this User Agreement, you also access and read the information contained in the other pages and websites referred to in this document, as they contain further terms and conditions which apply to you as a Cash Converters website user. Please note: underlined words and phrases are click-through links to these pages and websites.
By agreeing to this User Agreement, you also agree that your use of Cash Converters eCommerce or other web sites will be governed by the user agreement posted on those web sites.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance with your Notification Preferences or by posting the amended User Agreement on the Site. Any amended User Agreement will govern new user registrations from the date that it is posted on the Site. Existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice or the posting of the amended User Agreement on the site, whichever occurs first. No other amendment to this User Agreement will be effective. Please note that different notice provisions apply to our Fees and Credits Policy as set out below.
1. MEMBERSHIP ELIGIBILITY
Our services are not available to, and may not be used by, persons under the age of 18 years or to temporarily or indefinitely suspended Cash Converters members. If you are under 18 years old, you can use this service only in conjunction with and under the supervision of a parent or guardian. If you do not qualify, please do not use our services. If you are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
2. USER ID
You must choose a User ID and password on completion of registration. You are responsible for all actions taken under that User ID and password and shall only use the Site using your own User ID and password. You must make every effort to keep your password safe and should not disclose it to any other person. You may not transfer or sell your User ID to any other person. You may not permit, either directly or indirectly, any other person to use your User ID or password.
3. SELLING TO CASH CONVERTERS
At Cash Converters we have a legal obligation to avoid buying stolen or defrauded goods from our Customers.
To help us avoid this, we employ at store level a strict implementation of the state legislation, which will be adhered to on every transaction. (see links in the "sell to us" section). The policy includes the following:
4. BIDDING AND BUYING
As a buyer, you have a legal obligation to complete a transaction with Cash Converters:
- a) if you purchase an item through one of our fixed price formats; or
- b) if you are the highest bidder at the end of an auction-style listing (meeting the applicable minimum bid or reserve requirements and including any bid that becomes the highest after a valid bid retraction) and your bid is accepted by the seller, unless the transaction is prohibited by law or by this User Agreement.
Due to the fact that sales take place in an automated environment, mistakes can occur without the knowledge of the seller. Accordingly, if due to operator error or computer software error, an item is listed for sale for a zero price or for a price below what the operator intended or if the item has been disposed of or become unavailable for any reason, then the sale can be cancelled by Cash Converters at any time before the goods are dispatched any postage or other money already received will be refunded.
6. WARRANTY POLICY
When purchasing goods from Cash Converters stores via the eCommerce site, Customers are entitled to assume:-
- i. The goods they are purchasing are of satisfactory quality;
- ii. The goods are fit for all purposes for which they are supplied;
- iii. The goods are safe and durable;
- iv. That where any written description is applied to the goods, that the goods match that description.
If any of the above are breached, the customer may be entitled to certain remedies which include repair, replacement or refund. The customer should contact the store where the item was purchased. Most items have a 90 day Warranty with the exception of Jewellery. Warranty on electrical motors and petrol engines is negotiated with the store on an individual item basis.
The valuations on this site are for Second Hand Insurance Replacement purposes in the local marketplace where the Independent Valuation was undertaken for the second hand/auction markets. This valuation does not represent the previous selling price of the item or infer any saving on the purchase price and will not be indicative of the resale value of the item.
8. RETURN OF DEFECTIVE GOODS
Nothing in this Returns Policy shall affect the statutory rights of any consumer.
- 8.1 Return of Defective Goods
- You, the buyer, must inspect the item as soon after delivery as is reasonably practicable and must notify us of any defects in the item within five (5) working days from the date the item was delivered.
- You must return any defective or faulty item to us within ten (10) working days from the date of delivery.
- Provided you notify us of any defects and return the defective item within the periods set out above, we will either repair your item, replace it on a like for like basis or we will refund your payment in full including the normal postage charge within seven (7) working days of the defective item being returned to us.
9. YOUR INFORMATION
- "Your Information" is defined as any information you provide to us or other users in relation to the Cash Converters service including the registration, bidding or feedback process, your postings on the message boards and any other content that you post within the Site. You are solely responsible for Your Information, and we act as a mere conduit for your online distribution and publication of Your Information. You consent to Cash Converters taking whatever steps we think fit to verify or authenticate Your Information, including accessing any public or private register or undertaking any credit checks or accessing information about You from a credit reporting agency or business which reports on the credit worthiness of persons.
- Your Information and your activities on our Site must not:
- (a) be false, inaccurate or misleading;
- (b) be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;
- (c) infringe any third party's copyright, patent, trade mark, trade secret or other proprietary rights or rights of publicity of privacy;
- (d) be fraudulent or involve the sale of counterfeit or stolen items;
- (e) be in breach of any applicable laws or regulations (including, but not limited to, laws governing export control, consumer protection, unfair competition, anti-discrimination, false advertising);
- (f) be obscene, indecent or contain child pornography;
- (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers;
- (h) contain any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or to surreptitiously intercept, access without authority or expropriate any system, data or personal information;
- (i) cause the Site to be interrupted, damaged, rendered less efficient or be such that the effectiveness or functionality or the Site is in any way impaired.
- You may not use the Email This Auction to a Friend service, or other email forwarding services that we offer, to send spam or otherwise send content that would violate our User Agreement. We do not permanently store the email messages or the email addresses unless we are legally required to do so. Where appropriate, we may record your email address against the relevant company name on our confidential customer database. At Cash Converters, we respect the privacy needs of our valued customers and members.
- Your email address is used only to send you information that you have requested and as necessary to complete a transaction or application. As part of your use of our email marketing software, Cash Converters allows you to elect to receive, or not to receive, certain information.
- Cash Converters will not send you unsolicited email information, offers or advertisements. Cash Converters will not sell, rent, or lend our contact lists or our customers' contact lists (including customer data) to any third party companies.
- All emails that you have requested will have an option to unsubscribe. To unsubscribe from all future Cash Converters emails, please opt out here.
- If, at any time, you have questions or concerns about our privacy practices, please feel free to contact us.
10. VERIFICATION OF IDENTITY
We may need to identify you pursuant to the provisions of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 and Rules. Division 5A of the Act allows, in certain circumstances, that verification be undertaken electronically (“e-verification”) by matching certain personal information you supply to us with personal information held by credit reporting agencies. We may use that system to verify your identity. We will not do so without your consent.
By agreeing to us undertaking e-verification, you are expressly agreeing to allow us to verify your identity against personal information held by a credit reporting agency.
The Act permits us to disclose to a credit reporting agency for identification verification purposes two (2) of your name, address and date of birth. The credit reporting agency will make an assessment on the information provided to determine whether the information held by them matches the information provided by us to them.
You are advised that if you do not wish us to verify your identity through e-verification, then we will provide you with another option to identify yourself in accordance with the provisions of the Act.
If you consent to us using e-verification, and the identification is not successful, we will advise you:-
- That the credit reporting agency is unable to verify your identity; and
- The details of the credit reporting agency we approached so that you may make your own enquiries of them; and
- You may verify your identity by alternative means.
By accepting this User Agreement I/We acknowledge and consent to you supplying to a credit reporting agency my/our name, address and date of birth to enable you to verify my/our identity through e-verification.
Without limiting our other remedies, we may limit your activity on the Site, immediately suspend or terminate your user registration and refuse to provide our services to you without notice to you:
- (a) if you breach this User Agreement;
- (b) if, despite our reasonable endeavours, we are unable to verify or authenticate any information you provide to us; or
- (c) if we believe that your actions may cause us financial loss or legal liability.
13. NO WARRANTY
We (and our parent, subsidiaries, affiliates, officers, directors, agents and employees) do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Our website and our services are provided "as is" and as and when available, and to the extent permissible by law, we exclude all implied warranties, conditions or other terms, whether implied by statute or otherwise, including without limitation any terms as to skill and care or timeliness of performance. Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
14. LIMITATION OF LIABILITY
Nothing in this User Agreement shall limit or exclude our liability for direct damages resulting from fraudulent misrepresentation from death or personal injury due to our negligence or the negligence of our agents or employees. Subject to the foregoing, we (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) will not be liable for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this User Agreement or your use of services covered by this User Agreement. Some jurisdictions do not allow the exclusion of incidental or consequential damages, so the above exclusion may not apply to you.
We (including our parent, subsidiaries, affiliates, officers, directors, agents and employees) also have no liability of any sort (including liability for negligence) for the acts or omissions of other providers of telecommunications services or for faults in or failures of their networks and equipment.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
Unless otherwise explicitly stated, notices to Cash Converters must be sent by registered mail to Cash Converters Pty Ltd, Level 18, 37 St Georges Terrace, Perth, Western Australia 6000 and notices to you will be sent to the email address that you provide to Cash Converters during the registration process (receipt is deemed to have occurred within 24 hours after an email is sent, unless we receive notice that the email address is invalid), or by registered mail.
17. GOVERNING LAW AND LEGAL COMPLIANCE
This User Agreement shall be governed by and construed in accordance with Australian law and subject to the exclusive jurisdiction of the Australian courts. Any contract for the purchase of an item on Webshop will also be deemed to have been made at the store where the item is located and shall be subject to the relevant State or Territory legislation governing the sale of second hand goods. In respect of every such sale, Cash Converters acts as an agent for the store which is the owner of the item being sold.
The laws of your country may be different from Australian law, including laws governing what can be legally offered, sold, exported, bought or imported. There may be additional legal requirements, relating to (for example) the requirement to hold a license to buy or sell certain items, or to register a transfer in a central registry. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase and solicitation of offers to purchase and sale of items. There is no practical way for us to continually monitor the laws of every country, or each user transaction. Please do not assume that you are allowed to do what other users do, or that we are approving or validating any transaction, even if you have successfully made similar sales or purchases in the past.
18. DISPUTE RESOLUTION
Cash Converters is a responsible and professional organisation that cares about the service you receive. We are committed to a fair and prompt response to your complaints.
- 18.1 Internal Dispute Resolution
- We recommend that you initially make contact with the outlet you have been dealing with. However, disputes between you and Cash Converters stores regarding our services may be reported to the Complaint Contact person;
- Refer to our Dispute Resolution Policy for more information
- 18.2 External Dispute Resolution
- For any credit related transaction, in addition to the internal dispute procedures that Cash Converters utilise, if you are still not satisfied after speaking with the outlet, you can contact our External Dispute Resolution provider.
Contact the Credit and Investments Ombudsman (CIO) by phone on (02) 9273 8400, fax (02) 9261 2798, write to PO Box A252 Sydney South NSW 1235 or by email email@example.com.
- For more information go to www.cio.org.au.
19. THIRD PARTY RIGHTS
A person who is not a party to this User Agreement has no right to enforce any term of this User Agreement but this does not affect any right or remedy of a third party specified in this User Agreement.
If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable. You agree that this User Agreement and all incorporated agreements may be automatically assigned by Cash Converters, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and Cash Converters are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to its subject matter. No oral explanation or oral information given by any party shall alter the interpretation of this User Agreement.
21. ADVERTISING & PERFORMANCE TRACKING
We use several advertising companies to devise and deliver our online advertising. This often involves serving banner adverts on third party websites.
When you see one of our ads on a third party website, cookies and, in some cases, Spotlight tags are sometimes used to collect information such as:
- the server your computer is logged onto.
- your browser type.
- the date and time of your visit.
- the performance of their marketing efforts.
When you visit our website directly or after seeing one of our ads on a third party website, anonymous information is collected on how you use our website. This might include which pages you view, and whether you start and complete an online application. The tracking companies aggregate all the captured information and use it to study Internet user behaviour patterns.
They don't include personal information in their studies and use the data mainly to measure advertising effectiveness and relative consumer interest in the various areas of our websites. No personal information is collected during this process. If, however, any information is automatically collected, the tracking companies are required under their arrangements with us, to maintain the privacy and confidentiality of that personal information.