General Terms and Conditions
This Agreement may be amended from time to time. Any changes to this Agreement will be posted on our website and, where you have provided one, you will also be notified of such changes through the primary email address as specified in your Member account.
Membership to our website is free. To become a Member, you will be required to provide certain personal information. You agree to provide accurate, complete and up-to-date personal information during the registration process and to maintain the accuracy of such information while you use our website and services.
Our services are only available to, and may only be used by, individuals who can form a legally binding contract under the laws of South Africa. Our services are not available to persons under 18 years of age or to anyone who we reasonably believe is under the influence of alcohol or a drug. If you do not qualify, you must not use our services.
Your membership is not transferable. You are solely responsible for any and all use of your account (including the misuse of your account resulting from any third party using a password or username issued to you) and you are responsible for what occurs on that account. You agree that you will notify us immediately if you suspect any unauthorised use of your account.
Further to any legal remedies we may have against you for any breach of this Agreement, we may also take the following actions to protect us, a third party, or you from liability:
a) we may close, limit, suspend, or limit access to your Member account;
b) we may provide your information to the Police; and
c) we may refuse to provide our services to you.
Unless and until your Member account is closed by you or by us, your status as a Member of our website will continue indefinitely. We may choose to terminate your Member account at any time, with or without cause, and with or without notice. Should we choose to terminate your Member account, you will cease to have all access to any information or data which you have previously provided, created, managed or maintained on our website as well as any information and data which we may have provided to you.
2. Our Fees and Services
Assetline provides you with the opportunity to apply for a Pawn Exchange. Each Pawn Exchange is subject to our approval of your application and our evaluation of your property. We reserve the right to refuse any Pawn Exchange application prior to the final exchange of the Assetline Agreement (“Pawn Ticket”). The Pawn Ticket includes information that we are required by law to provide to you.
As a pawnbroker, we charge fees for our services, details of which are available on our website in the section under ‘Money and rates’ and which can be viewed at www.assetline.co.za/money-and-rates. In the event that we make an offer to you by way of a Pawn Ticket, the fees, charges and loan amound will be available on the Pawn Ticket. All fees and currency amounts will be in South African rands.
We may, in our discretion, choose to change our fees and other charges. Any changes will be available on our website in the section under ‘Money and rates’ and which can be viewed at www.assetline.co.za/money-and-rates. The new rates will be applicable to any Pawn Exchange after the date of such change.
There are some limitations on our services. We reserve the right to accept a Pawn Exchange at our own discretion. For example, we currently have a minimum transaction size of R1,000 (although this limit may be reviewed by us from time to time). We also do not accept certain types of property. Further details in relation to our services are available here www.assetline.co.za/faqs
Our communication with you shall on occasion be by way of electronic means. For contractual purposes, you consent and agree to the following:
a) accepting and receiving communications from us in electronic form; and
b) all terms and conditions, agreement, notices, disclosures, policies and other communications that we provide to you electronically, shall satisfy any legal requirement that such communications would satisfy if they were written physically on a hardcopy.
4. Identity Verification and Ownership
Pursuant to NSW legislation, we are required to verify your identity. Once you have requested Assetline to provide you with an Agreement, an identity verification form (“ID Form”) will be provided to you. Pursuant to the ID Form, you must provide identification documents and have them checked and verified by an employee of Assetline or a person acting on behalf of Assetline.
A Statement of Ownership will also be provided to you should you submit a Pawn Application. By signing the Statement of Ownership, you confirm that you are the true owner of the goods (or, if you are not the true owner of the goods, you are authorised by the true owner of the goods to submit a Pawn Application) which may be subject to the Pawn Exchange.
In order for us to value your property, you will be required to provide your property to an employee or officer of Assetline or a person acting on behalf of Assetline. This may involve sending the property to our offices in NSW.
We provide basic packaging for your items. It is your responsibility to obtain a receipt from us and/or someone acting on our behalf (this includes our agents) and to ensure that your items are securely and appropriately packaged. We will not be held responsible for any damage to items inappropriately packaged. It is your responsibility to keep safe all documentation relating to your property that may be required in support of an insurance claim. This includes, but is not limited to any purchase receipts, shipping receipts and photos.
Should you use our shipping providers, your property will be covered by Assetline’s insurance policy. Assetline’s insurance policy provides insurance to cover for the loss or damage to your property in transit up to a value of R15,000 or R30,000 (using one of our other designated shipping providers). If you believe that the market value of your goods exceeds these amounts, it is your sole responsibility to obtain insurance for the full value of your goods.
Should you believe that the market value of your goods exceeds the amounts stated above and you choose to use our shipping providers, you agree that you are doing this at your own risk and that we will not be held responsible for any loss you incur as a result of your failure to obtain additional insurance.
You agree that we will not be held liable in any way if our insurer refuses any insurance claim in relation to your goods.
Alternatively, you may choose to ship and package your item yourself. In the event that you use your own packaging and shipping, you must ensure that your item is insured for its full value. If it is lost or stolen prior to reaching Assetline, you will have no claim whatsoever under Assetline’s insurance policy and any possible claim will need to be made against your shipping carrier. Assetline reserves the right to reject delivery of any package which we consider to be damaged, opened and/or tampered with. Any package so described will be returned to you without any further liability to Assetline.
Should any insurance claim arise out of any loss or damage suffered in shipping your items back to you, the replacement value(s) will be in accordance to our valuation regardless of whether you accept our offer or not.
On receiving your property, we will inspect it and compare it to the original description which has been provided by you.
We value your property in good faith, in accordance with accepted industry standards and market rates and on the assumption that any description you provide is accurate.
We will not accept any liability for any marks, scratches or other minor blemishes which are caused in the process of valuing your property.
Once we have valued your property, we may choose to make you an offer by way of a Pawn Ticket. Any offer we make to you will be subject to us being able to formally identify you and you signing a copy of the Pawn Ticket and returning it to us.
In the event that you choose not to accept our offer, or we are unwilling or unable to provide you with an offer, your property will be sent back to the address nominated by you in the registration process within 5 working days of your notice rejecting our offer or our notice to you confirming that we are unwilling or unable to provide you with an offer.
7. Suspicious Goods
Under NSW Pawnbrokers legislation, in the event that we suspect for any reason that the goods in our custody may have been stolen or otherwise unlawfully obtained, we are required to notify:
a) the police; or
b) the Director-General of the Department of Fair Trading; or
c) an investigator appointed under section 18 of the Fair Trading Act 1987; or
d) a person authorised in writing by the Director-General of the Department of Fair Trading.
Unless otherwise stated, we own all intellectual property, including copyright, in all content on this website, other than intellectual property already owned by other persons. You agree that you will not copy, reproduce, alter, modify or publicly display any content from our website without written permission from us.
10. Product Images
We may on occasion display normal and high resolution photographs of merchandise which we have provided our services against. While we attempt to accurately depict the products on our website, as the colour you see is contingent on a number of particular factors such as your computer monitor and its resolution, we cannot guarantee that the colour you see will be accurate. Various items photographed may also appear larger or smaller than their actual size.
11. Acceptable Use
You agree that you will not use our website for any purpose that is unlawful or prohibited by this Agreement. Prohibited use includes, but is not limited to, the use of a robot, spider or any other data mining tool in order to copy or monitor our website and competitive analysis (which includes making and / or providing to others screen shots of our website, which is copyrighted material owned by Assetline).
You also agree that you will not use our website, services or any communication with us to:
a) defame, abuse, pester, harass, intimidate, threaten or otherwise violate the legal rights (including, but not limited to, privacy rights) of Assetline or anyone else associated with Assetline; or
b) illegally sell, or borrow money against, an item or violate any applicable laws.
To the maximum extent permitted by law, our aggregate liability to you for any loss or cause of action however arising (including for negligence or under any indemnity) will be limited to any reduction in value of your goods (including a total loss of their value) caused by physical damage to, or the permanent loss of the goods. Where it is proved that such loss was occasioned by an act of, or by the neglect of Assetline and you have exercised your right to redeem your goods, such value will be determined by the market value of the goods, as determined by us, at the date on which you exercise your right to redeem the goods. Where such loss was caused by force majeure (i.e. an extraordinary event or circumstance beyond the control of the parties), our liability will be limited to the Insured Amount (as defined in the Agreement).
In relation to property that has not been delivered to and received by us, our liability will be nil.
You also agree that if your item is lost or damaged while in our possession during the term of the Pawn Exchange, your right to redeem your goods will be lost. Your only available remedy is that you will have no obligation to pay us any of the fees or charges which will be set out in the Assetline Agreement.
You warrant that you have full title, capacity and authority to enter into an Assetline Agreement with us. You also warrant that you have good and marketable title to the property in relation to which an application may be submitted and that such property is free from all and any encumbrance of any kind.
14. No Warranties
Assetline makes no warranty that the services available through our website will meet your requirements, that the transaction will be uninterrupted, timely or error free. Assetline makes no warranty as to the accuracy or reliability of any information that you may obtain from our website. No information and/or advice that you may receive from our agents or representatives or through the services provided by Assetline shall create any warranty not expressly stated herein.
15. Other Matters
If any provision of this Agreement is, or at any time becomes, prohibited by, or unlawful under, any applicable law, regulation or other condition, or otherwise becomes void or unenforceable, it will be severed from this Agreement and rendered ineffective so far as is possible without modifying the remaining provisions of this Agreement, which will continue in full force and effect.
You may not rent, lease, license, grant a security interest in, or otherwise transfer or assign your rights under this Agreement or the Assetline Agreement to any third party.
16. Governing Law and Jurisdiction
These Terms are governed by the laws in force in South Africa. You submit to the non-exclusive jurisdiction of the courts of South Africa and any courts which may hear an appeal from those courts in connection with any dispute or proceedings arising from this Agreement or your use of our website.
17. Permission To Perform Credit Check
I hereby give consent to Assetline to do credit checks and or any other additional checks that may be required.
Current offers are capped at a minimum loan amount of R5,000. Assetline reserves the right to expire this offer at any time.
a) You must be aged 18 years or over to participate in the promotions. Underage entries will be void.
b) Cash back promotions will be earned based on loan amounts. Assetline reserves the right to cap the amount of cash back on offer or withdraw the cash back promotion at any time. Please ring 02 9387 2643 for details.
c) Fraudulent, multiple or incorrectly completed entries will not be accepted, neither will entries made in breach or non-compliance with these terms and conditions. No liability is accepted for entries that are not received for any reason by Assetline.
d) Assetline reserves the right to exclude any entrant from competitions, promotions, events and from use of the Assetline website if Assetline believes that an entrant has tried to engage in the promotion via fraudulent or illegal activity (including participation that would be in breach of the law in your local jurisdiction).
e) Assetline in its sole discretion reserves the right to withdraw or vary the terms of competitions and promotions and/or any offer made in connection with them in order to comply with the decision of any relevant judicial or regulatory body and shall not be held liable to any entrant for so doing.
f) The decision of Assetline in respect of any matter concerning or related to competitions and promotions is final and no correspondence will be entered into.
g) Assetline accepts no responsibility whatsoever for system or connection problems that might affect any end user during any of these promotions.
h) Assetline and its affiliates and subsidiaries, or any of their employees, officers or directors shall not be liable for any damages howsoever arising as a result of a participant’s in an event or any such modification, alteration, discontinuance or termination of any tournament, and any such liability shall be borne solely and exclusively by the participant or winner, as the case may be.
i) You agree that these terms and conditions shall be governed by and construed in accordance with the laws of New South Wales and you submit to the exclusive jurisdiction of the Courts of New South Wales.
j) Assetline retains the right to withdraw the promotion at a time of its choosing.
k) Cancellations of loans will be dealt with in line with Assetline standard terms and conditions.
l) Assetline reserves the right to withdraw any promotions and recover the promotion amount if the user cancels their Fixed Sum Loan Agreement within 14 days or fails to renew or redeem their loan.
m) Any offers must be quoted before the contract has been accepted.
n) The promoter in respect of any prize draws, competitions and promotions is Assetline (South Africa) Pty Limited.