TERMS AND CONDITIONS
Welcome to the User Agreement for Cash Converters New Zealand and other related websites.
The services available at www.cashconverters.co.nz and all other Cash Converters websites URLs are provided by Cash Converters Digital NZ LP ("Cash Converters", "we", "us" or "our", which means any and all companies in the Cash Converters Group), located at Level 14, Tower One, 205 Queen Street, Auckland Central 1010.
This User Agreement describes the terms and conditions applicable to your use of our services available under the domains and sub-domains at www.cashconverters.co.nz (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.
We may amend this User Agreement at any time by giving you notice ("Notice") by either e-mail in accordance 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. Unless otherwise stated when notifying you of the amendment, existing users will be bound by the amended User Agreement after the expiry of 30 days following the date of a Notice.
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 are registering as a business entity, you represent that you have the authority to bind that entity to this User Agreement.
If you do not qualify, please do not use our services.
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 a strict implementation of the Secondhand Dealers and Pawnbrokers Act 2004, which will be adhered to on every transaction.
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.
The purchase price for an item may contain a buyer fee and GST. These amounts are included in any bids made and the amounts will not be charged in addition to the bid value.
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 becomes unavailable for any reason, the sale can be cancelled by Cash Converters at any time before the goods are dispatched. Where this occurs any postage or other money already received will be refunded.
6. WARRANTY POLICY
When purchasing goods from Cash Converters stores via the Site, Customers are entitled to assume the goods are subject to the Consumer Guarantees Act 1993.
Where goods fail to meet the requirements of the Consumer Guarantees Act 1993, you may be entitled to certain remedies including repair, replacement or a refund. In the first instance, you should contact the store which listed the item. You may also contact us at firstname.lastname@example.org.
You must inspect goods as soon after delivery as is reasonably practicable and notify us promptly of any defects.
The valuations on this site are for second hand insurance replacement purposes in the local marketplace. 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. 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 or 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 of the Site is in any way impaired.
Access and Interference
The Site contains robot exclusion headers. Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to Cash Converters by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not:
a) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
b) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior express written permission of Cash Converters and the appropriate third party, as applicable;
c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
Your Use of Other User’s Information
Cash Converters and our users do not tolerate spam or unsolicited commercial communications. Therefore, without limiting the foregoing, you shall not add a Cash Converters employee or a Cash Converters user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express written consent after adequate disclosure. To report spam from other Cash Converters users, please send an email to Cash Converters via the web form.
a) 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.
b) 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.
c) Cash Converters will not sell, rent, or lend our contact lists or our customers' contact lists (including customer data) to any third party companies.
d) All emails that you have requested will have an option to unsubscribe. To unsubscribe from all future Cash Converters emails, please opt out here.
e) If, at any time, you have questions or concerns about our privacy practices, please feel free to contact us.
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 if:
- you breach this Agreement;
- despite our reasonable endeavours we are unable to verify or authenticate information you provide to us; or
- we believe, in our sole discretion, your actions may cause us financial loss or legal liability.
10. NO WARRANTY
We (and our parent, subsidiaries, related entities, 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.
11. LIMITATION OF LIABILITY
To the maximum extent permitted by law, we (including our parent, subsidiaries, related entities, 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.
We (including our parent, subsidiaries, related entities, 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, related entities, 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, Level 14, Tower One, 205 Queen Street, Auckland Central 1010 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.
14. GOVERNING LAW AND LEGAL COMPLIANCE
This User Agreement shall be governed by and construed in accordance with New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts. Any contract for the purchase of an item on the Site will also be deemed to have been made at the store where the item is located and shall be subject to the relevant legislation governing the sale of second hand goods. In respect of every such sale, we act as an agent for the store which has listed the item.
The laws of your country may be different from New Zealand 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.
15. 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.
We recommend that you initially make contact with the store you have been dealing with. However, disputes between you and Cash Converters stores regarding our services may be reported to the Complaint Contact person:
o Email Complaints@cashconverters.co.nz
o PO Box 6410, Wellesley Street, Auckland 1141
- 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 assigned by Cash Converters, in our sole discretion, to a third party. Such assignment does not require your consent.
- 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.
17. ADVERTISING & PERFORMANCE TRACKING
We use several advertising services to devise and deliver our online advertising. This often involves serving banner adverts on third party websites.
· 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. This information may be provided to third parties for analysis to help us understand how you use the Site.
The cookies and tags do not include personal information. If any personal information is inadvertently collected any third parties we provide the tracking information to are required, under their arrangements with us, to maintain the privacy and confidentiality of that information.