Welcome to the User Agreement for PayDay Pawn Shop eCommerce and other websites.
The services available at http://www.payday.com.au and all other PayDay Pawn Shop eCommerce and websites urls are provided by PayDay Pawn Shop (“PayDay Pawn Shop”, “we”, “us” or “our”, which means any and all companies in the PayDay Pawn SHop.
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 PayDay Pawn Shop 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 PayDay Pawn Shop 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 PayDay Pawn Shop 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.
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 PayDay Pawn Shop 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.
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.
At PayDay Pawn Shop, 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:
As a buyer, you have a legal obligation to complete a transaction with PayDay Pawn Shop:
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 PayDay Pawn Shop at any time before the goods are dispatched any postage or other money already received will be refunded.
When purchasing goods from PayDay Pawn Shop stores via the eCommerce site, Customers are entitled to assume:-
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.
Nothing in this Returns Policy shall affect the statutory rights of any consumer.
8.1 Return of Defective Goods
9.3 Access and Interference
9.4 Your Use of Other User’s Information
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:-
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:
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.
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 toPayDay Pawn Shop must be sent by registered mail toPayDay Pawn Shop Pty Ltd, Level 11, 37 St Georges Terrace, Perth, Western Australia 6000 and notices to you will be sent to the email address that you provide to PayDay Pawn Shop 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.
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, PayDay Pawn Shop 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.
PayDay Pawn Shop 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
18.2 External Dispute Resolution
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 PayDay Pawn Shop, in our sole discretion, to a third party in the event of a merger or acquisition or any other event. You and PayDay Pawn Shop 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.
We use several advertising companies to devise and deliver our online advertising. This often involves serving 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:
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.
“Promo Code” means a code that must be entered at checkout on online transactions in order to receive a discount or benefit.
22.1 Each Promo Code is subject to (a) the specific terms and conditions stated on the promo code offer and (b) the terms of this clause. In the event of any inconsistency, the former prevails.
22.2 Promo Codes:
I authorise and acknowledge that PayDay Pawn Shop may use my personal information to help promote its products or services or those of its related companies and alliance partners; disclose my personal information to its related companies or alliance partners in connection with that purpose; and tell me about its products or services or those of its related companies or alliance partners, and that I may withdraw my consent in the future by contacting PayDay Pawn Shop.
References to “PayDay Pawn Shop” in this document, mean PayDay Pawn Shop and all its subsidiaries and controlled entities (such as PayDay Pawn Shop Pty Ltd and PayDay Pawn Shop Personal Finance Pty Ltd) and any entity trading under the PayDay Pawn Shop brand in Australia, or any one of these depending on the context. Each PayDay Pawn Shop subsidiary or controlled entity may perform a different role with respect to your loan. For example, one company may act as broker and one may act as lender and this consent is intended to cover the role of each company. References to the singular (“I” or “me” for example) include the plural (“We” or “us” for example).
PayDay Pawn Shop has arranged to make the “CC Statement” system (the System) available to you. The System is a free tool provided to help you to quickly and easily gather your income and expense details.
The System provides you with the means to request us, as your agent, to help you quickly and efficiently gather your income and expense data from financial institutions and government agencies, using third party information gathering services (Yodlee or Illion).
There is no obligation on you to use the System.
These Terms and Conditions only apply to this current session of your use of the System.
To use the System to produce an account/bank statement information report (BS Information Report) to your broker or dealer on your behalf, you:
By disclosing your financial institution account(s) access credentials, you may become liable for any unauthorised transactions on your financial institution account(s). If you are uncomfortable, speak to your financial institution for details before you proceed.
(You should note that Yodlee or Illion may store your financial institution account(s) access credentials for up to 90 days to allow for an up to date BS Information Report to be prepared);