Pawnbank Pty Ltd is an Australian registered company ABN 36 621 305 119, (“we”, “us” or the “Proprietor”), Queensland Second hand dealer & Pawnbroker license number 4330267; Our registered office is at 1/111 Scarborough St, Southport QLD 4215. The laws of Queensland, Australia, are the basis of our terms with you prior to the conclusion of entering into a Pawn agreement and governs the shipping terms and the digitally signed Pawn agreement and through-out the term of the agreement. The Proprietor and you submit to the non-exclusive jurisdiction of the Australian courts.
By sending an item of property to Pawnbank Pty Ltd you agree to be bound by the following terms and conditions
- The Proprietor lend fixed sums of money on a secured basis at a fixed interest rate over a fixed period of time. Any pawn loan is subject to approving your application and you digitally signing a formal pawn agreement. The pawn agreement contains other information that we are obliged to supply to you, including the duration of the loan, monthly interest amount, and any charges that may be payable under the pawn agreement.
- You warrant and represent that you have good and marketable title to Your Property, free of all encumbrances of any kind, and you are not under the age of 18 years.
- By choosing Pawnbank’s shipping service, you are authorising us to act for you in appointing on your behalf a shipping agent to ship your property to and from our premises for the purposes of further appraisal by our valuers in accordance with the terms of this service agreement.
- It is your responsibility to ensure that your items are securely and appropriately packaged, including the use of additional and/or item specific packaging. Pawnbank cannot be held responsible for damage to items sent in inappropriate packaging.
- Our nominee to act as your shipping agent for your property is Australia Post, Startrack Express & Brinks. Our insurers provide insurance cover for loss or damage to Your Property in transit up to a market replacement value of $50.000. If you think the market replacement value of your goods is more than $50,000, it is your sole responsibility to take out your own insurance. You indemnify and hold harmless the Proprietor and its employees, and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) if you do not insure your goods.
- Subject to the terms of Clause 5 above, you agree that we are not liable in any way if our insurers refuse any insurance claims in relation to your property.
- On receiving your property from you, we inspect the item(s), and compare your property to the original description supplied by you, in order to confirm that they match. We value your property in good faith, according to accepted industry standards and prevailing market rates, and on the assumption that the description provided by you is completely accurate. Should your property vary from the original description in a manner which affects the valuation, we may, in our absolute discretion, decline to make an offer or make an offer to you that is higher or lower than the initial indication given to you for any reason, including but not limited to any difference in the actual quality of your property compared with our understanding of your original description or changes in the market for such item(s). Any offer that we make to you is subject to us being able to formally identify you, and you digitally signing a formal pawn agreement.
- Under Copyright and Counterfeit Goods legislation, we are obliged to destroy any replica branded items we receive. As such, we are unable to return any replica branded items received.
- Under Australian hallmarking legislation, we are obliged to destroy any items carrying fraudulent hallmarks, or items carrying hallmarks that make up a part of pieces that are intended to deceive.
- To determine the purity (carat) of gold items, we will first look at any hallmarking on pieces. For non hallmarked items, or if there is any question of the veracity of markings or hallmarking, we may have to test pieces using either acid or an XRF Machine test. You accept that the process of appraisal of your items may result in tarnishing, staining and/or scratches.
- If you choose not to accept the pawn offer or we are unable to loan against your items, we will despatch them back to you within 5 working days of receipt. You will receive email confirmation of despatch, including your unique tracking code, on the day of despatch.
- Should any insurance claim arise out of any loss or damage suffered in shipping your property back to you, the replacement value(s) claimed will be according to our valuation of your property if an insurance replacement valuation isn’t provided with your goods.
- You are responsible for any telecommunications charges or other network charges for the time you spend accessing www.pawnbank.com.au or calling us.
- The laws of Queensland, Australia, are the basis of our terms with you prior to the conclusion of entering into a Pawn agreement and governs the shipping terms and the digitally signed Pawn agreement and through-out the term of the agreement. The Proprietor and you submit to the non-exclusive jurisdiction of the Australian courts.
- This document, the shipping terms and any pawn agreement are in the English language. We undertake to communicate with you in English during the duration of the loan application process and any pawn loan you enter into. The information contained in this Pre-contract disclosure is only valid in respect of the proposed pawn loan application and during the term of any ensuing pawn loan.
- While we will provide you with information that we have to help you in any dispute or claim that you may have with your own shipping agent, we cannot be held liable for any failure in the agent’s performance of its obligations to you.
- You agree that all documents that we are entitled to send you electronically may be delivered to you at the latest email address you provided us.
- Unless otherwise acknowledged by us, all proprietary and other intellectual property rights (including copyright, trade mark, design right) in Pawnbank’s website, privacy statement, pawn loan agreements and all other related documents belong to us.
- You agree that all documents that we are entitled to send you electronically may be delivered to you at the latest email address you gave us.
- Requirement for registration
The Proprietor reserves the right to make any parts of this site accessible only to users who have registered. Upon registration with this site, you will be issued with a username and password to access your account. You are responsible for maintaining the security of your password for this site. The Proprietor will not be liable for any loss or damage arising from or in connection with your failure to comply with this security obligation. You agree that the Proprietor will be entitled to assume that any person using this site with your username and password is you or your authorised representative. (You must notify the Proprietor immediately of any known or suspected unauthorised use of any password or any other breach of security.)
- A valid email address;
- Contact information (including your street address and accurate bank account details);
- And any other information that may be required by the Proprietor during the registration process.
- You represent and warrant to the Proprietor that all information provided to the Proprietor by you, including the information provided by you through our account registration module or entered into your account profile, is true and not misleading and does not violate any applicable law or regulation or any person’s intellectual property or other rights.
- One person may not maintain more than one account with this site.
Your use of this site is subject to the rules set out in Schedule 1 below.
YOU MUST NOT:
- use any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;
- engage in any action that requires, or may require, an unreasonable or excessively large load on our infrastructure;
- use this site to decipher passwords or security encryption codes, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;
- use this site to violate any applicable local, state, national or international law, to engage in any misleading or deceptive online marketing practices or for any fraudulent or malicious purposes;
- use any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site;
- use this site by any automated means;
- use this site to transmit junk mail, spam or chain letters or pyramid schemes or engage in other flooding techniques or mass distribution of unsolicited email;
- access, retrieve or index any portion of this site for use in constructing or populating any database that is searchable online or for the purpose of soliciting or sharing reviews;
- interfere with the display of any advertisements appearing on or in connection with this site;
- reproduce, duplicate, copy or store any of the material appearing on this site other than for your own personal and non-commercial use;
- falsely imply that any other website is associated with this site;
- do anything that leads, or may lead, to a decrease in the value of the Proprietor’s intellectual property rights in this site;
- use or exploit any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;
- release to the public any news release, advertising material, promotional material or any other form of publicity or information relating to the Proprietor without the Proprietor’s prior written consent; or
- use this site to transmit any information or material that is, or may reasonably be considered to be:
- abusive, threatening, harassing, harmful, obscene, indecent, lewd, inflammatory, violent, vulgar, profane, racially, ethnically or otherwise objectionable or offensive in any way;
- libellous, defamatory, pornographic, sexually explicit, unlawful or plagiarised;
- infringing upon or violating any copyright, trademark, patent or other intellectual property or proprietary right;
- in breach of any duty of confidentiality by which you are bound, whether by way of a fiduciary or contractual relationship;
- in breach of any person’s privacy or publicity rights;
- a misrepresentation of facts, including the impersonation of any person or entity or a misrepresentation of an affiliation with any person or entity (including any sponsorship or endorsement);
- in violation of any applicable law, statute, ordinance or regulation, or encouraging of others to do so;
- containing any political campaigning material, advertisements or solicitations; or
- likely to bring the Proprietor or any of its staff into disrepute.