Any reference to “us”, “we”, or “our” is a reference to Pawn Hub Limited, hereinafter referred to as “Pawn Hub”.

“You”, “yourself”, “user” or “the user” means the person visiting, using or browsing the Pawn Hub Websites.

Please read these Terms of Use and Privacy Policy (collectively the “Terms”) carefully before using the Pawn Hub Websites. Your access to and use of the Pawn Hub Websites is conditional on your acceptance of and compliance with these Terms. We strongly recommend that, as you read these Terms, 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 Pawn Hub website user.

By accessing or using the Pawn Hub Websites you agree to be bound by these Terms. If you disagree with any part of the Terms you should not access the website.

Content

We endeavour to ensure that all information on the Pawn Hub Websites is accurate. However, we cannot be certain that information is always current or that no errors or omissions have occurred.

Accordingly, by using this website, you agree that Pawn Hub bears no responsibility or liability for any damage or loss or alleged to be caused by or in connection with use of or reliance on any such content, goods or services on our website.

Links to Other Web Sites

Our websites may contain links to third-party web sites or services that are not owned or controlled by Pawn Hub.

Pawn Hub has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Pawn Hub shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.

Your Information

“Your Information” is defined as any information you provide to us or other users in relation to a product or service obtained from us, or provided during use of the Pawn Hub Websites.

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 Pawn Hub taking whatever steps we think fit to verify or authenticate your information, including accessing any public or private register.

Your information and your activities on our Site must not:

·       be false, inaccurate or misleading;

·       be offensive or menacing, abusive, defamatory, or in breach of copyright, confidence, privacy or any other rights;

·       infringe any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;

·       be fraudulent or involve the sale of counterfeit or stolen items;

·       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);

·       be obscene, indecent or contain child pornography;

·       create liability for us or cause us to lose (in whole or in part) the services of our suppliers;

·       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;

·       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.

User Credentials

Some Pawn Hub Websites require user credentials. You are responsible for all actions taken under the user credentials (typically a user id and password) that you have registered with, and shall only use your own credentials.

You must make every effort to keep your credentials safe and should not disclose it to any other person. You may not permit, either directly or indirectly, any other person to use your credentials.

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 Pawn Hub 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:

take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;

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 Pawn Hub and the appropriate third-party, as applicable;

interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.

Indemnity

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 the Terms or your violation of any law or the rights of a third-party.

Privacy

By using the Pawn Hub Websites you authorise that you agree and accept the policies set out in the website Privacy Policy.

Breach

Without limiting our other remedies, we may limit your activity on the Website, 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.

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 Pawn Hub Websites may be interfered with by numerous factors outside of our control. Our websites and 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.

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 these Terms or your use of our services.

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.

Governing Law and Legal Compliance

These Terms, and your interactions with us, shall be governed by and construed in accordance with New Zealand law and subject to the exclusive jurisdiction of the New Zealand courts.

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.

General

If any provision of these Terms are held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall be enforceable.

You and Pawn Hub 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.

These Terms 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 the Terms.

Privacy Policy

Pawn Hub collects personal information to provide you with the products and services you request via the Pawn Hub Websites as well as information on other products and services offered by or through us. To view the Terms of Use which govern your use of this Site, please see the Terms of Use.

We will act to protect your personal information in accordance with the Privacy Act 1993.

Any information you provide Pawn Hub, either using the internet or by any other means, is only collected for purposes which are reasonably necessary for, or directly related to, one or more of Pawn Hub business functions or activities. These purposes include:

·       to provide customers with the products and services they request and to monitor, evaluate and provide products and services;

·       to assist customers with queries, resolve customer complaints, or requests for access to information, or to manage any legal action involving Pawn Hub;

·       to manage customer relationships or accounts, perform credit assessments, and perform other administrative and operational tasks (including risk management, systems development and testing, credit scoring, staff training, collecting debts and market or customer satisfaction research);

·       to provide information on products and services offered by Pawn Hub, affiliated product and service providers, and external product and service providers for whom we act as agent (unless the customer has opted out);

·       to comply with our legal obligations under acts like the Pawnbrokers and Second-hand Dealers Act 2004

·       to identify customers or to establish their tax status under any New Zealand or foreign legislation, regulation or treaty or pursuant to an agreement with any tax authority;

·       to gather and aggregate information for statistical, prudential, actuarial and research purposes; and

·       to develop and implement measures to detect or prevent fraud and credit loss.

In addition, as required by the Privacy Act 1993, we may obtain your consent to collect, use and disclose information about you. If you choose not to provide information which we require for the above purposes, we may be unable to provide you with the goods and services you request from us.

What We Collect

Personal information collected by Pawn Hub (or on our behalf) generally comprises name, address, date of birth, contact details (including telephone, mobile and e-mail). Sometimes we collect a personal details unlikely to be known to other people to help us identify you over the telephone such as answers to your security questions.

Disclosure

Pawn Hub will not give your information to Government agencies, private sector organisations or anyone else unless one of the following applies:

·       you have consented;

·       you would reasonably expect, or have been told, that information of that kind is usually passed to those individuals, bodies or agencies;

·       it is otherwise required or authorised by law;

·       by your actions we consider you to have released us from our duty of confidentiality or to have consented to the disclosure of information about you without actually saying so (for example, if you discuss your financial position publicly with the media);

·       it will prevent or lessen a serious and imminent threat to somebody’s life or health; or

·       it is reasonably necessary for the enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the protection of public revenue.

Depending on the product or service Pawn Hub has provided you with, we may disclose information to:

·       affiliated product and service providers and external product and service providers for whom we act as agent (so that they may provide you with the product or service you seek or in which you have expressed an interest);

·       auditors we appoint to ensure the integrity of our operations;

·       any person acting on your behalf, including your financial adviser, solicitor, settlement agent, accountant, executor, administrator, trustee, guardian or attorney;

·       your employer(s), referee(s), guarantor(s) or potential guarantor(s);

·       if required or authorised to do so, regulatory bodies, government agencies or courts or anyone authorised by any one of them to receive such information;

·       participants in the payments system (including payment organisations and merchants) and other financial institutions (such as banks);

·       insurers;

·       any joint borrower(s) or account holder(s);

·       credit reporting bodies or debt collection agencies;

·       other financial institutions and organisations at their request if you seek credit from them (so that they may assess whether to offer you credit);

·       other parties where you have consented to the disclosure;

·       suppliers from whom we order goods or services on your behalf (so that the goods or services may be provided to you); or

·       other organisations or individuals specified elsewhere in this policy.

Website Data

If you visit the Pawn Hub website to read, browse or download information, our system may record the following information which is provided by your browser:

·       the date and time of your visit;

·       the type of browser and operating system you are using;

·       your Internet Service Provider and top-level domain name (for example – .com, .gov, .au, .uk etc);

·       your location;

·       the address of any referring web site (for example – the previous web site you visited); and

·       your computer’s IP (Internet Protocol) address (a number which is unique to the machine through which you are connected to the internet).

Website data is kept strictly confidential. It is used for internal research purposes only. It helps us monitor which sections of the site are most popular to give us a clear idea of what type of information and services to include on our site. It also informs us which members and visitors are using the site so that we can customise the website information, design and presentation as well as identify any points which require improvement.

When you use one of our web sites, we may send you a “cookie” that gives you a unique identification number. A “cookie” is a packet of information that allows the server (the computer that houses the website) to identify and interact more effectively with your computer. A different identification number is sent each time you use one of our websites. These cookies may be Session cookies which only last until you close your browser, or they may be Persistent cookies which are stored longer term on your computer. Cookies do not identify individual users, although they may identify a user’s browser type and your Internet Service Provider (ISP).

You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is sent. Please refer to your browser instructions or help screens to learn more about these functions. If you reject all cookies, you may not be able to use our websites or certain website functions may not work properly or at all.

Online Forms

If you decide to complete an online form, we will collect the information that you enter into the online form and the IP address of your computer. If you do not submit the online form, any information entered on the form which has not yet been submitted, will be automatically deleted. Any information you enter on the form and then submit, will be used by us to contact you regarding your reason for completing the online form, whether it was a Customer Enquiry, Complaint, Reporting of Stolen Property or Media Enquiry.

Storage and Delivery of Information

Pawn Hub may use third-party platforms to deliver information. These are sites hosted and managed by organisations other than Pawn Hub. Before deciding if you want to contribute information to any third-party site you should read their privacy policy. If you agree with their privacy policy and our privacy policy, you can our websites.

Security of Information

Pawn Hub takes all reasonable care to preserve the security of personal information collected or submitted to us both physically and digitally in accordance with the Pawn Hub website Terms of Use and this Privacy Policy.

Pawn Hub regularly reviews developments in security and encryption technologies. As no data transmission over the Internet can be guaranteed as totally secure, Pawn Hub cannot guarantee the security of any information you transmit to us or which is generated from our online products or services and you engage with us at your own risk.

Upon receiving your transmission, we ensure that reasonable steps are taken to preserve the security of the information in our customer database.

Acceptance and Changes to Terms of Use and Privacy Policy

You acknowledge and accept that your use of Pawn Hub website or of products which direct you to the website Terms of Use or Privacy Policy indicates your acceptance of the Pawn Hub website Terms of Use and of the use and disclosure of information provided for under this Privacy Policy.

These are the current Terms of Use and Privacy Policy. They replace any other Terms of Use and Privacy Policy for the Pawn Hub website previously published on the Pawn Hub website. Pawn Hub may at any time vary the Terms of Use and Privacy Policy by publishing the varied Terms of Use and Privacy Policy on the Pawn Hub website. You accept that by doing this, Pawn Hub has provided you with sufficient notice of the variations.