Terms And Conditions

Cash Crusaders Franchising (Pty) Ltd

Website & App terms of use

These terms of use were updated on 31 January 2022.

Welcome to the website of the Cash Crusaders group of companies. By making use of this website or our App, you indicate your full acceptance of these terms and conditions as laid out below. If you do not agree to these terms and conditions, you are welcome to refrain from using our website/s or App.

1. INTRODUCTION

Cash Crusaders is brought to you by Cash Crusaders Franchising (Pty) Ltd (reg no 2003/017313/07), a private company with its office located at No 1, Lakeside Place, Capricorn Park, Prince George Drive, Muizenberg 7945 (also referred to as 'Company', 'we' or 'us') and amongst its business practices, makes available online buying or selling,

You acknowledge that by accessing and/or using Cash Crusaders to either purchase or sell, you agree to be bound by the terms of use. Please read these terms of use carefully prior to using the platform. By downloading, installing or using Cash Crusaders or any portion thereof, you agree to these terms of use.

2. INTERPRETATION

2.1. "Approved Testing Centre" means the Company's preferred repair centre or Cash Crusaders branch which will conduct the verification process for and on behalf of the Company.

2.2. "Company" means Cash Crusaders Franchising (Pty) Ltd (reg no 2003/017313/07).

2.3. "CPA' means the Consumer Protection Act 68 of 2008.

2.4. "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.

2.5. "End User" means the person who accesses and creates a Cash Crusaders user account, collectively, referring to the purchaser and the seller, and the term "you" shall be used interchangeably to refer to either the seller or the purchaser.

2.6. “Products or Product” means the product/s available for selection on the website from time to time, whether brand new or second-hand, which may be purchased or sold on the Cash Crusaders website, provided it has undergone the verification process.

2.7. "Final Purchase Price" means the purchase price at which the products will ultimately be advertised on the Cash Crusaders Website, subsequent to verification of the preliminary purchase price through the verification process.

2.8. “Payment Portal" means the payment processing portal made available by the payment processor pursuant, to which the purchaser will pay and the seller will receive the final purchase.

2.9. "Payment Processor' means the third party who has been nominated by the company to process any or all payments via the Cash Crusaders website.

2.10."Person" refers to a natural person.

2.11."Personal Information" means the term as defined in section 1 of the POPI Act which, for purposes of creating and maintaining the Cash Crusaders user account and arranging the approved courier, means your first name, last name, email address, place of residence, address where the approved courier will attend to collection or delivery as the case may be, IP address, mobile number, identity number but, specifically excludes any cardholder data.

2.12. "POPI Act' means the Protection of Personal Information Act 4 of 2013.

2.13."Preliminary Purchase Price" means the purchase price allocated to a product by the Cash Crusaders website, using an algorithm, with regards to the make, model and declared condition of the product, it being recorded that such preliminary purchase price shall be subject to change based on the outcome of the verification process.

2.14. “Verification process” means the process of a Cash Crusaders representative verifying the working status, condition, description, model number and any details relating to a specific product that a seller has loaded onto the Cash Crusaders website for the means of selling.

2.15. "Cash Crusaders Product" means a product that has been subjected to and which has passed the verification process and is thus available for purchase or sale on the Platform.

2.16. "Cash Crusaders website" means the online, cloud-based, advertising platform trading as 'Cash Crusaders', accessible either through a mobile device or web browser at www.cashcrusaders.co.za pursuant to which:

2.16.1. a Seller is able to sell his/her product and/or

2.16.2. a Purchaser is able to purchase a product.

2.17. "Cash Crusaders user account” means the user profile which you are required to create and maintain in order to access the Cash Crusaders website and make use of the Services.

2.18. the Payment Management Services; and the Verification Services; “Terms of use" means these terms of use, as amended from time to time, which are applicable to the use of any functionality of the Cash Crusaders website or any services contemplated herein,save for the Payment Portal to which the Payment Processor's End-user Terms of Use Agreement shall be applicable,

3. REGISTRATION AND CONDITIONS OF ACCESS

3.1. Your access to, and use of the Cash Crusaders website and any of the services, is always subject to these terms of use. Without limiting the generality of the above, in order to access or make use of any functionality on the Cash Crusaders Website, you:

3.1.1. must be a natural person who is over the age of 21 (twenty-one) years old;

3.1.2. must create a Cash Crusaders user account as more fully contemplated in clause 2.19 and clause 4;

3.1.3. agree to comply with all applicable laws and regulations governing the use of the Cash Crusaders website or App;

3.1.4. including, without limitation, the provisions of the following ECTA:

3.1.4.1. agree to the processing of your personal information on the terms as more fully contemplated in clause 19 below;

3.1.4.2. agree to be bound by the terms and conditions of the payment processor end-user agreement and the privacy policy of the payment processor. In light of the fact that in order to transact on the Cash Crusaders website, the end-user will have to use the services of the payment portal, because credit card processing is applicable to the transactions of both the seller and the purchaser.

3.1.4.3. may not be a person who carries on a business of dealing in second-hand products as contemplated in the Secondhand Goods Act 6 of 2009, unless you are duly registered as a dealer with the South African Police Services and have been issued with a valid certificate of registration which is current.

4. CREATION OF A CASH CRUSADERS USER ACCOUNT

In order to use the Cash Crusaders website or App and the services, you will be required to create a Cash Crusaders user account with a username and a password. Your username and password must be kept confidential at all times and you are not to allow unauthorised third parties to access the Cash Crusaders website or App. Alternatively, you will be able to access your Cash Crusaders user account using your existing Facebook or Google user account and your personal information in these respective sites will auto-populate to create a Cash Crusaders user account.

You are responsible for restricting access to your Cash Crusaders user account so that third parties may not access it. You are solely responsible for all activities that occur under your access details. In the event that there has been any unauthorised access to your Cash Crusaders user account or any unauthorised person becomes aware of your password, please notify us immediately, so that we can disable the affected Cash Crusaders user account.

Please note that as part of your registration process, you are required to have a valid email account that is accessed by you regularly.

To the extent that the company detects that a Cash Crusaders user account has been activated using the email address of another party which does not belong to you, or that the email address utilised during the registration process is a temporary email address, the Company reserves the right to disable such Cash Crusaders user account at its discretion and without notice. In order to monitor this, it may be requested to re-validate your Cash Crusaders user account from time to time. You are only entitled to create 1 (one) account. You will not be able to make use of the services without the Cash Crusaders user account. You are required to notify us immediately in the event that there is any change to the details used by you to create your Cash Crusaders account. Your Cash Crusaders account is personal to you and may not be utilised by anyone other than you as the registered end-user.

5. SELLERS or PLEDGORS

Pre-listing of products:

5.1. You will be required to click on the “Sell Now” icon, provide the model of your product, enter a description and the condition of your product and an algorithm may automatically determine a preliminary purchase price. If you then wish to proceed with the sale of your product, you may proceed to set up Cash Crusaders account.

5.2. You will be entitled to indicate your preliminary expected selling price using our “website” at any time, as often as you desire, up until such time as you have accepted a quoted price for your product.

5.3. You will then receive an email confirming that your product has been submitted to the company verification process.

5.4. Any person who wishes to use our selling or pawning application platform to sell their product will be required to submit their product to us for verification, to ensure that it is in the condition which the seller has claimed it to be in and that the expected selling price  can be declared to be the final purchase price. Only once a product has successfully passed a verification test, would we be able to finalise the transaction.

5.5. The verification process is mandatory once the quote has been accepted and the seller proceeds to the store to conclude the transaction.

5.6. The verification process takes place at the store from which you accept the offer.

5.7. The verification process will consider, without limitation, the full operations and condition of the product including all relevant accessories needed for the product to function correctly for the purpose it is deemed. 

5.8. The verification process will categorise the product into the following categories:

5.8.1. Excellent: The product works perfectly with no noticeable flaws and looks new. It has no scuffs or scratches and includes all original accessories as well as the original packaging.

5.8.2. Acceptable: The product has normal signs of wear and tear, it is in 100% working order and may or may not have some cosmetic defects, and includes accessories.

5.8.3. Poor: The product has major dents/defaults and or scratches and scuff marks, and/or does not come with original accessories.

5.9. The product quote will be provided based on the highest (excellent condition) to lowest (acceptable condition) and will be adjusted accordingly, based on the product’s condition, which will be confirmed during the verification process.

5.10. In the event that your product passes the verification process, but you are unhappy with the grading and the final purchase price, you may, at your election, cancel the process and not sell the item to the store that you have selected.

5.11.  In the event that it passes the verification process, the product will now be a Cash Crusaders (relevant branch name) verified product. It will then be kept by Cash Crusaders (relevant store name) and the seller will have no further claim over the product, except in the case of a suspensive security buy. The terms and conditions of a suspensive security buy are listed on our website at www.crusaderspawn.co.za.

6. PURCHASERS

A Purchaser seeking to purchase a Cash Crusaders product will simply need to select a preferred Cash Crusaders product from those on offer. Once a preferred product has been selected, you will be required to effect payment of the final purchase price to the payment processor, through the payment portal, upon receipt of confirmation from the payment processor of payment of the final purchase price. The company's approved courier will contact you to arrange for the delivery of the product to an address nominated by you.

6.1 Defects: For purposes of this clause 6.1, the term “Defect" shall mean:

6.1.1. any material imperfection in the manufacture of the product that renders the product less acceptable, than persons generally would be reasonably entitled to expect in the circumstances; or

6.1.2. any characteristic of the product that renders it less useful, practicable or safe, than persons generally would be reasonably entitled to expect in the circumstances, which for the avoidance of doubt, excludes any damage to the product which has resulted from any action on the part of the purchaser (including physical or liquid damage). The Company provides a warranty (as explained in the Delivery and Returns policy listed on the website, in the event that there is any material defect, which was in no way attributable to the purchaser and is solely and demonstrably a defect which was pre-existing or solely and demonstrably as a result of damage whilst in transit with the approved courier. This warranty will entitle the Purchaser, at its election, to either:

a) return the defective product in order for the company to repair the defect ("Repair Option); or

b) return the defective product in order for the company to replace the defective product ("Replacement Option"); or

c) return the defective product and be provided with a full refund, without any deduction or penalty ('Refund Option'). In the event that the purchaser elects to exercise its rights pursuant to the Cash Crusaders Warranty Policy contemplated herein, the Purchaser shall deliver to the company written notification advising the Company of the details of the alleged defect and indicating whether it will select the Repair Option, Replacement Option or Refund Option ("Warranty Exercise Notice”). Within 5 (five) business days of receipt of the Warranty Exercise Notice, the Company shall acknowledge receipt of the Warranty Exercise Notice and respond to the Purchaser with a determination as to whether the proposed defect set forth in the Warranty Exercise Notice constitutes a Defect or not. Once it has acknowledged that It constitutes a Defect, the Company shall be bound by the election which has been made by the purchaser in the Warranty Exercise Notice.

REFUNDS - Please note: If we do a refund, it can take up to ten (10) days for the refund to be deposited into your account. This is unfortunately beyond our control and depends on the bank that you used to pay for the purchase. Refunds cannot be made without proof of a receipt.

AVAILABILITY OF PRODUCTS: Cash Crusaders normally list items on the website, as per store availability. Sometimes errors may occur and the item ordered online may not be available in store. We apologise should this happen and will refund you immediately. However, the refund will be subject to bank clearance policies and may take up to ten (10) days to reflect in your account.

CLICK & COLLECT: We require our click & collect clients to look at the item they have bought, and allow a salesperson to do a demonstration where applicable, before leaving the store, to ensure they are happy with the product’s fitness for purpose and accept their  purchase.

Deliveries and Returns - what you need to know:

1. Deliveries are made on weekdays, during office hours (8am to 5pm).
2. Delivery time: 1 – 5 business days
3. Delivery fees: Will be calculated upon checkout and will be based on your cart size.
4. We can deliver within 20km from the store where you placed the order.
5. Deliveries are only available within the borders of the Republic of South Africa.
6. We only deliver to physical addresses (no PO boxes).
7. Please provide an accurate street address, to ensure the driver can find you.
8. Delivery time starts once your order has been invoiced, not when you place the order.
9. Orders placed on a Friday will be delivered on or after the following Monday. No weekend deliveries.
10. A unique waybill tracking number will be communicated to you via email which can be used to track the status of your order.
11. Returns are at your own cost and should be to the exact store you purchased from.
12. Please email the store before you return a product.
13. Please wrap and package the product in a box that is suitable for transport by the courier.
14. All returns must be accompanied by a valid proof of purchase.
15. Delivery Charges are non-refundable

PRICED DISPLAYED: Price errors may occur. We reserve the right to reject any order placed at an incorrect price. Pricing displayed are recommended retail prices and are subject to change. All orders placed online are subject to our acceptance thereof, and should there be any incorrect prices displayed, we will refund you within a reasonable period of time.

7. PAYMENTS PORTAL

In order to transact on the Cash Crusaders website, the end-user will have to use the services of the payment portal, because credit card processing is applicable to the transactions of the purchaser. The Company has entered into an agreement with the payment processor and by accessing the Cash Crusaders website, you have agreed to be bound by the terms and conditions of the payment processor and agree to authorise the payment processor to initiate payment entries, in order for the seller to be paid the final purchase price.

For the avoidance of doubt, the Company does not offer a payment processing service. Furthermore, the Payment Processor will charge you directly for its transaction and brokerage fees. The relationship between the Company and the Payment Processor is one of the independent contractors. The Company does not act as the agent, representative, affiliate or partner of the Payment Processor.

The Company does not operate as a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto for the purposes of, or in connection with, any transaction on the Cash Crusaders website. The Company also does not fulfil any of the functions (whether as a whole or in part), of a payment intermediary, payment processor, payment facilitator, money transmitter, money services business, or any type of business akin thereto, whether in a direct or indirect manner.

Customers who have a loan active with Cash Crusaders, may have the ability to end this loan and re-initiate a new loan for a further 30-day period. In so doing, a new 30-day loan comes into effect and fees will be payable upon this new contract coming into effect. Such fees will include a R69.00 service fee pay payable online, along with any other fees due; these fees include interest fees, service fees and a contract initiation fee. The fees charged may differ from the fees charged in-store, but will never exceed those permitted by the NCR.

8. MODIFICATIONS TO THE CASH CRUSADERS WEBSITE AND REVISIONS TO TERMS OF USE

The Company may, from time to time, modify any term of these Terms of Use. Any such modifications will be effective as soon as the modified version of the Terms of Use appears when you access the Cash Crusaders website.

Your use of the Cash Crusaders website or App, subsequent to such modifications, constitutes an acceptance of the revised Terms of Use. If you do not wish to accept any modification to these Terms of Use, please refrain from further use of the Cash Crusaders website or App.

The Company reserves the right to temporarily disable or permanently discontinue any and all functionality of the Cash Crusaders website/App and/or Cash Crusaders user accounts at any time, without notice and with no liability towards you.

9. LIMITATION OF LIABILITY

You expressly understand and agree that the Company, its parents, affiliates, subsidiaries, licensors, assignees, the approved courier, the approved testing centre and each of their respective employees, officers and directors (collectively the "released parties") shall not be liable to you for damages of any kind, whether based in delict, contract, strict liability or otherwise, including without limitation, any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the released parties have been advised of the possibility of such damages) resulting from:

9.1       the use or the inability to use or access;

9.2       the inability to use the mobile application version of the Cash Crusaders website/App to access content or data;

9.3       the use of the payment gateway, the approved courier, the approved testing centre, and the IMEI verification process;

9.4       unauthorised access to or alteration of your transmissions or data;

9.5       the use, processing and storage of personal information or;

9.6       any other matter relating to the Cash Crusaders website/App;

9.7       negligence, acts of God, telecommunications failure, theft or destruction of, or unauthorised access to, the Cash Crusaders website/App, your Cash Crusaders user account or its related information;

9.8       the verification process.

10. WARRANTIES

10.1. By all End-users:

Each end-user warrants that:

10.1.1. all information submitted during the Cash Crusaders user account registration process, as well as generally in all use of the Cash Crusaders user account is true, complete and accurate;

10.1.2. he/she does have authority to enter into and perform in terms of these Terms of Use;

10.1.3. he/she shall fulfil the obligations of the transaction entered into on the Cash Crusaders website, and his/her use of the Cash Crusaders website will be in full compliance with applicable law.

10.2. By the Seller:

The Seller warrants that:

10.2.1. he/she is the sole legal proprietor/owner of the product;

10.2.2. the product is not and has not come into the Seller's possession illegally, whether through the Seller's illegal conduct or that of a third party; (and that no circumstance exists pursuant to which he/she reasonably ought to have known or suspected that the product was stolen); and the condition of the product has been disclosed fully, honestly and accurately.

11. WARRANTY POLICY – SPECIFICS

Please ensure your product purchase was demonstrated to your satisfaction to confirm it meets your requirements!

Brand New products carry a 12-month Warranty.

Secondhand electrical products carry a 6-month Warranty for defects and failings (not caused by your use of the goods) other than those that were present at the time you bought the goods.

Secondhand non-electrical products carry a 7-day Warranty for defects and failings (not caused by your use of the goods) other than those that were present at the time you bought the goods. Please note that while every attempt is made to sell quality secondhand goods, these goods may not last as long as new goods and will not always be in perfect condition.

NB: Credits, exchanges or repairs of any item may only be issued if the customer was not aware of the defect at the time of purchase AND once a suitably qualified service centre has confirmed that a malfunction is a result of a pre-existing defect and not due to customer abuse, misuse or lightning damage, which invalidates the Warranty. Merchandise is intended and guaranteed for Household / DIY/ Recreational use only.

We request that you return any out-of-box faulty goods within 7-days of purchase, which will then be replaced, refunded or repaired at our cost subject to the following exclusions:

Warranty Policy Exclusions

* Damage caused by a power surge/load shedding is not covered by warranty.

* Any physical alteration to goods purchased will invalidate the Warranty, this includes:

     - changing the power cord or factory-fitted plug; and viruses and or malware transferred inadvertently to personal computers, laptops or mobile devices voids the Warranty on the product.

• You must follow any instructions for safe and proper use given by the staff member or accompanying the goods.
• Consumables like bulbs, batteries, guitar strings, lamp bulbs, turntable needles, etc. are not guaranteed.
• Insect infestation and/or water damage voids the Warranty.
• Rechargeable batteries that form part of portable products such as laptops and audio devices are guaranteed for 6 months provided the supplied use and care instructions are followed. Such devices should typically be recharged immediately after use. 
• Sporting goods are sold in their specific condition and because we cannot test these, they can only be guaranteed for 24 hours. Please inspect these thoroughly before purchasing.
• If there is a problem with the original pre-installed software, game or movie discs, you must notify us within 24 hours of purchase that you will return the item.
• New amplifiers and new speakers must be used with appropriately matched equipment only (speak to your salesperson for a complete list of which amplifiers suit which speakers). If speakers are purchased without a correctly paired amplifier from the store at the same time, the speakers’ warranty will be voided.
• DVD players must be used to play original disks only. No ‘read error’ Warranty claims will be entertained for user-recorded discs.
• New car sound and vision equipment are only guaranteed if installed by a qualified VAT- registered installation company.
• Secondhand petrol motors (lawnmowers, quad bikes, generators, chainsaws) must be started up in the store and are guaranteed for 24 hours.
• Gas appliances

For detailed warranty policies on Doogee phones, please visit www.doogee.co.za.

Please retain your till slip to validate your Warranty.

 

13. INDEMNITIES

13 .1. Indemnities by the Company:

The Company indemnifies and holds the Purchaser and the Seller harmless against any loss, damage or cost caused in the following circumstances:

13.1.1. in the case of the Seller, any loss, damage or costs to the product caused solely and demonstrably, whilst it is in transit with the Approved Courier or whilst it is in safe keeping; and

13.1.2. in the case of the Purchaser and once the Final Purchase Price has been paid, any loss damage or costs to the product whilst it is in safekeeping or during transit with the Approved Courier.

13.2. Indemnities by the Seller:

13.2.1. The seller agrees to hold harmless and fully indemnify the released parties (as such term is defined in the "limitation of liability" clause above) and will not hold the released parties responsible for any related claim;

13.2.2. The product, notwithstanding the limited warranty given by the company to the purchaser in clause 6.7; and any claim brought by the purchaser against the company in respect of the product whether pursuant to the provisions of the CPA or otherwise.

13.3. Indemnities by all End-users:

13.3.1. While the company makes every effort to ensure that the content and information on the Cash Crusaders website is complete, accurate and up to date, we do not guarantee the suitability of the products nor the transactions which take place through the payment processor on the Cash Crusaders website or whether they are complete, accurate or appropriate.

13.3.2. You agree to hold harmless and fully indemnify the released parties (as such term is defined in the "Limitation of Liability" clause above) and will not hold the released parties responsible for any claim relating to:

13.3.2.1. Your use of the Cash Crusaders website/App; or

13.3.2.2. A breach of any of the warranties made by you pursuant to these terms of use.

13.3.2.3. Any transactions facilitated by the payment processor under the payment processing end-user agreement, and/or any failure of or breach by the payment processor to comply with any covenant, obligation, or any agreement made by it on the payment processing end-user agreement, the company's proprietary rights.

13.4. You hereby acknowledge that all rights, titles and interest in and to the Cash Crusaders website, including all content made available or to be made available in the future on the Cash Crusaders website (including without limitation, text, graphics, illustrations, video and audio clips, logos, trademarks, service marks, copyrights, domain names, code, trade names, patents, all copyrightable material (including source and object code), button icons, images, audio clips, digital downloads, data compilations, and software), and/or any other form of intellectual property ("Company Information') are owned by and licensed to the Company or other authorised third parties and are protected from unauthorised use, copying and dissemination.

13.5. The Cash Crusaders website/App and the Company Information are protected by applicable intellectual property and other laws, including patent laws, copyright law, trade secret law, trademark law, unfair competition law and any and all other proprietary rights. You agree that you will not, and undertake not to permit a third party to:

13.5.1.  modify, adapt, translate, prepare derivate works from, decompile, reverse engineer; or

13.5.2.  disassemble the Cash Crusaders website/App or otherwise attempt to derive the source code of the Cash Crusaders website;

13.5.3.  capture, reproduce, perform, modify, copy, distribute, transfer, sell or license Cash Crusaders or the Cash Crusaders website/App;

13.5.4.  take any action to circumvent, compromise or defeat any security measures implemented on the Cash Crusaders website/App;

13.5.5. use the Cash Crusaders website to access, copy, transfer, retransmit or transcode the Company Information;

13.5.6. interfere with the normal processes or use of the Cash Crusaders website or App by inter alia, attempting to access the administration areas of the Cash Crusaders website/App; and remove, obscure or alter the Company's (or any third party's) copyright notices, trademarks, or other proprietary rights, notices affixed to or contained within or accessed through the Cash Crusaders website/App.

13.5.7. You agree that if you breach the terms of this proprietary rights clause, the Company will have the right to claim damages from you, which will include the right to claim special, incidental, consequential or indirect damages. The Company also reserves the right to claim for loss of profits and loss of business and recover all legal costs on a scale as agreed between the attorney and own client.

13.5.8. The Company and its licensors make no representations or warranties regarding the accuracy or completeness of the Company Information.

13.5.9. The Company and our logo are trademarks and/or service marks of the Company or its affiliates.

 

14. LINKING TO THIRD-PARTY WEBSITES

14.1 The Cash Crusaders website may contain certain images and links to other third-party websites with information, content or material produced by other parties. These linked third-party websites are not under the control of the Company and the Company is not  responsible for the information, content or material on any linked website, including, any link contained in a linked website, or any changes or updates to a linked website.

14.2. The Company is permitting these links to be made available to you only as a convenience, and you agree that the inclusion of links does not imply an endorsement by the Company of the linked website, their business or security practices, or any association with its operators.

14.3. From time to time, the Company may employ the services of third parties to assist with the management of certain services and aspects of Cash Crusaders. We apply every effort to ensure that our sub-contractors comply with the Privacy Policy and generally accepted security standards and they will be accountable for any non-compliance.

14.4. Should you have any queries arising from transactions you conclude with such third parties, you will be required to contact them directly.

14.5. Without limiting the generality of what is set out above, the Company may also use third parties, in order to develop and analyse the use of Cash Crusaders.

15. TERMINATION

15.1. You may terminate these Terms of Use at any time by permanently deleting the mobile version of Cash Crusaders and no longer accessing Cash Crusaders in any way, whereupon (and without notice from the Company) any rights granted to you herein will automatically terminate. If you fail to comply with any provision of these Terms of Use, any rights granted to you herein will automatically terminate. In the event of such termination, you must immediately deactivate your Cash Crusaders user account and may no longer access the Cash Crusaders website or App.

15.2. The Company may, in its sole discretion, and at any time, with or without notice, terminate your password and general access to the Cash Crusaders website or App, for any reason or no reason at all.

16. DISCLAIMER

16.1. Cash Crusaders is provided on an "as available” basis and without any warranty of any kind to the extent permitted by law, either express or implied; including without limitation, warranties of title, implied warranties of merchantability, non-infringement, or fitness for a particular purpose or those arising by statute or otherwise in law or from a course of dealing or use of any nature as to the products and services being advertised by the Seller or the Processing Partner.

16.2. To the maximum extent permitted by law, the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including; but not limited to, the implied warranties and conditions of merchantability fitness for a particular purpose and non-infringement.

16.3. Your use of your Cash Crusaders account is at your own risk.

16.4. The Company does not guarantee that:

16.4.1.  Cash Crusaders; or

16.4.2. the information, content, tools or materials included on the Cash Crusaders website/App; or

16.4.3. the Company servers; or

16.4.4.  any electronic communications sent by the Company, are free from viruses or other harmful components.

16.5. The Company shall not be obligated to provide you with any maintenance or support services in connection with Cash Crusaders.

16.6. The Company makes no warranty:

16.6.1.  that the Cash Crusaders website/App will meet your requirements;

16.6.2.  that the Cash Crusaders website /App will be error-free;

16.6.3. regarding the security, reliability, timeliness or performance of the Cash Crusaders website/App; and

16.6.4. that any errors in the Cash Crusaders website/App will be corrected.

16.7. Any content that you obtain or download through the Cash Crusaders website/App is obtained at your own discretion and risk.

16.8. You will be solely responsible for any damage to any device of yours or any loss of data that may result from downloading such content or material.

16.9. No information obtained by you through the Cash Crusaders website/App shall create any warranty not expressly stated in these Terms of Use.

16.10. End-users who, in the Company's sole determination, act unlawfully, fraudulently, in breach of these Terms of Use or otherwise dishonestly, may be denied access to the Cash Crusaders website/App.  

17. DISCLOSURE IN TERMS OF SECTION 43 OF THE ECTA

In accordance with the provisions of section 43 of the ECTA, you have the right and the Company has an obligation to disclose the following information:

17.1. Full name, registration number and legal status of the Company: Cash Crusaders Franchising (Pty) Ltd.

17.2. Physical Address: No. 1 Lakeside Place, Capricorn Park, Prince George Drive, Muizenberg 7945 

17.3. Website: www.cashcrusaders.co.za

17.4. Membership of self-regulatory or accredited bodies: Member of FASA

17.5. Codes of conduct to which the Company subscribes:

17.5.1 Honour - We honour the Cash Crusaders brand through honesty and fairness, making things happen and always offering the most interesting shopping experience.

17.5.2 Professionalism - We treat others as we would like to be treated. We value excellence and exceed expectations always. We seek to understand before being understood, through clear communication.

17.5.3 Innovation and Change - Once a decision is made, we will all support it. We take pride in implementing, to the best of our ability, even when that means changing systems for growth.

17.5.4 Growth - We recognise achievement, nurture skills and create wealth across our organisation, extending relationships into the community.

17.6. Place of registration: South Africa.

17.7. The physical address for receipt of legal service: No. 1 Lakeside Place, Capricorn Park, Muizenberg, Cape Town, 7945.

17.8. The main business of the Company: Secondhand and new goods retailer.

 

18. PRICE OF GOODS AND SERVICES

18.1. Each of the Seller and the Purchaser shall be liable for such transactional and brokerage fee as may be levied by the approved courier and the payment processor pursuant to the Payment Processor End-user Agreement;

18.2. Manner of payment: Electronic Funds Transfer through the Payment Processor or credit card payment.

18.3. Terms of agreement: as detailed in these Terms of Use.

18.4. Security procedures: see the privacy policy below. Furthermore, access to the Cash Crusaders website is password and username protected.

18.5.  Privacy policy: refer to clause 19 (The Company’s Privacy Policy).

18.6. Duration of these Terms of Use: until terminated by either the Company or the End-user.

 

19. GOVERNING LAW

19.1. These Terms of Use shall be governed by and construed in accordance with the laws of the Republic of South Africa.

19.2. The parties hereto, their successors and assigns, consent to the jurisdiction of the courts of South Africa with respect to any legal proceedings related to these Terms of Use.

20. SEVERABILITY

If any provision of these Terms of Use shall, to any extent, be held invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions of these Terms of Use shall in no way be affected or impaired thereby and each such provision of these Terms of Use shall be valid and enforceable to the fullest extent permitted by law in such case. These Terms of Use shall be reformed to the minimum extent necessary to correct any invalidity, illegality or unenforceability while preserving to the maximum extent the rights and commercial expectations of the parties hereto, as expressed herein.

 

21. THE COMPANY'S PRIVACY POLICY

21.1. The Company respects and takes your privacy seriously and as such we will use and process the Personal Information that we collect from you in accordance with this Privacy Policy. Note that this Privacy Policy is only applicable to Cash Crusaders, and not to any other websites that you may be able to access through third party links on Cash Crusaders, each of which may have data collection; storage, and use practices and policies that differ materially from this Privacy Policy. To learn more about the privacy policy controlling the third-party links themselves, visit each third party's website for more information.

21.2. What information do we collect?

21.2.1 Personal Information.

21.2.2. The Company does not collect or hold any cardholder data; the Company does not collect any funds for or on behalf of you for the purposes of any transaction with any third party (including the Payment Processor, Seller or Purchaser), with whom you transact on the Cash Crusaders website/App.

21.3. How do we collect and store your Personal Information?

21.3.1. When you use the Cash Crusaders website/App, the Company and its affiliates, the Approved Couriers, the Approved Testing Centre, and the Payment Processor may collect and store your Personal Information.

21.3.2 Personal Information is stored in a secure environment protected by a combination of physical and mechanical measures. For the avoidance of doubt, Personal Information is not accessible to the general public.

21.4. Why do we collect and use your Personal Information?

21.4.1 We use your Personal Information in order to operate and improve the function and content of the Cash Crusaders website/App, and our other applications, sites, services, and tools as well as to create and maintain your Cash Crusaders user Account, which  is required in order to operate the Cash Crusaders website/App.

21.4.2 Certain areas of the Cash Crusaders website/App may also ask you to provide information to participate in certain features or to access certain content. Cash Crusader's practices governing your personal information are disclosed within the Privacy Policy. The decision to provide this information is purely voluntary and optional; however, if you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Cash Crusaders website/App.

21.4.3 Your Personal Information is also collected in order for the Company, the Payment Processor and each of their Affiliates to send you marketing and promotional communication regarding products and services, including by way of electronic means.

21.5. Where will your Personal Information be stored?

21.5.1. The Personal Information Cash Crusaders collects may be stored locally on your Mobile Device and be transmitted to our third party's server located outside of South Africa. The transmission of information over wireless and wired networks is not inherently secure. The Company will implement all necessary and adequate measures to help protect your Personal Information against unauthorised access and disclosure. However, the Company does not guarantee the safety thereof.

21.6. By downloading or accessing www.cashcrusaders.co.za or our App, you expressly:

21.6.1. confirm that you are over the age of 21 (twenty-one) years;

21.6.2.  agree to receive future communications, including direct marketing communications, from the Company, their Channel Partners and/or any of each of their affiliates ("Parties”), either directly or through their duly authorised agents such as marketing agencies from time to time, including marketing and advertising material and information on promotions and offers either relating to the products and/or services of the Parties (provided you have opted-in to receive these);

21.6.3. consent to the collection, collation, processing, further processing and disclosure of your Personal Information (which for the avoidance of doubt shall include your Mobile Device Data) by the Parties for the purposes more fully set out below, and their appointed designees from time to time, which may include parties involved in the technical administration and maintenance of any database which will house your information, information technology companies and marketing companies;

21.6.4. acknowledge that in relation to the collection, collation, processing, further processing and disclosure of Personal Information by the Company, the nominated address of the Company is located at No 1, Lakeside Place, Capricorn Park Prince George Drive,  Muizenberg, 7945.  In relation to the collection, collation, processing, further processing and disclosure of Personal Information by any other Responsible Party as such term is defined in the POPI Act, such Responsible Party shall be responsible for making their nominated address available to you;

21.7. your Personal Information is required by the Company for purposes of enabling you to make use of the Cash Crusaders website/App, which includes creating a Cash Crusaders User Account, which is required prior to gaining access to the  Cash Crusaders website/App; in the case of the Mobile Device Data, enabling the Company to send you targeted Advertisements; direct marketing by the Company, the Channel partners and/or their respective affiliates of their products and services; and selling, exchanging, transferring, renting or otherwise making:

21.7.1. available the Personal Information to other parties for purposes of direct marketing by them of their products and services.

21.7.2. Understanding that those other parties may transfer and store your Personal Information to a third country that does not have the same level of protection in respect of the processing personal information, as is provided for in South Africa;

21.7.3. your consent herein provided is given freely and voluntarily and you are under no obligation to provide this consent. Y our consent shall, in the absence of any written objection received from you, be indefinite and/or for the period otherwise required in terms  of any applicable law;

21.8. You may at any time request a record of, or object to the processing of, your Personal Information held by the Parties and their designees.

21.8.1. You are entitled to request the correction, destruction or deletion of your Personal Information that is inaccurate, irrelevant, excessive, out of date, incomplete, misleading or obtained unlawfully.

21.8.2. If you suspect any interference with the protection of your Personal Information held by the Parties and its designees, you shall in the first instance resolve any concerns with the Company. If you are not satisfied with such a process, you may at any time lodge a complaint with the Office of the Information Regulator, once it has been established.

21.8.3. You may demand during or within a reasonable time after providing this consent that the Parties desist from initiating any further communication with you.

 

22. FORCE MAJEURE

22.1. The Company shall not be liable to you for an inability to perform or delayed performance in terms of these Terms of Use, should such inability or delay, arising from any cause beyond the reasonable control of the Company and not caused by any fault of the Company, provided that the existence and/or happening of such cause has been drawn to your attention within a reasonable time of occurrence of such a cause ("force majeure event").

22.2. For the purposes of this Clause 20, a force majeure event shall, without limitation of the generality of the afore-going, be deemed to include any act of God, strikes, lock-outs, accidents, fire, explosions, war (whether declared or not), invasion, any acts of foreign enemies, hostilities, riot, civil insurrection, military uprising, insurrection, rebellion, revolution, military or usurped power, flood, earthquake, lightning, action, intervention or decree of the local or national government, civil war, any event of force majeure.

22.3. If the Company is unable to perform or its performance is delayed due to a force majeure event for a period of more than 60 (sixty) days, you may terminate these Terms of Use, with immediate effect, on notice in writing to the Company. In such Circumstances, neither Party shall have any claim against the other arising from the termination of these Terms of Use by a Party in accordance with this clause 2

 

23. DISCOUNT COUPON PROMOTIONS - TERMS AND CONDITIONS

23.1 The online discount coupon promotion is valid for the dates of the relevant (current) active promotion

23.2 The client will obtain the product in-store and take it to the cashier.

23.3 The cashier will scan the product, and a ‘Pop up window’ will appear when it picks up the product code, asking the client whether they have a voucher and if so, to show the code (SMS or email).

23.4 Cashier can then add the unique code in the pop-up window.

23.5 The discount amount will be taken off the total amount when the client needs to pay.

23.6 Should the client return the product they will only get a refund on the amount paid (should a refund be granted).

23.7 The till slip will then show the amount saved at the bottom.

23.8 Normal product-specific guarantees will still be issued.

23.9 Voucher codes are not valid on lay-by items. 

23.10 Should a client buy more than one product on promotion (for example 5 individual products, the cashier will be able to add the 5 unique product codes if the client presents the cashier with these unique codes. The point-of-sale system (CashPOS) will pick up  in the back end if there’s a product coupon attributed to this specific product or not).       

       

24. NEWSLETTER SIGN-UP COMPETITION - TERMS AND CONDITIONS

24.1 The winner will be determined by random selection.

24.2. Cash Crusaders' decision is final.

24.3 The winner will need to collect their prize from their nearest Cash Crusaders store - no alternative arrangements will be made.

24.4 Employees or family members of those employed by Cash Crusaders are not eligible for entry.

24.5 Please note that by subscribing to our newsletter, you opt-in to receive marketing communication for upcoming promotions and campaigns, hosted by Cash Crusaders and Doogee South Africa.

24.6 Cash Crusaders will not share your personal information with any third-party entities. 

 

25. ONLINE AND WHATSAPP BUYING

25.1 Only selected items qualify for collection after the customer and online buyer from Cash Crusaders has agreed on a price. These include high-value items like TVs, Large Appliances, Laptops, Smartphones and Gaming Consoles. Products would need to be valued by one of our buyers for R 1,000.00 (one thousand rands) or more to qualify for collection.

25.2 All products that are collected, will have to be pre-qualified by a Cash Crusaders online buyer first before the collection can take place.

25.3 Customers can sell the pre-loved, secondhand goods via the Cash Crusaders website at www.cashcrusaders.co.za or via a WhatsApp video call to their closest store, at www.cashcrusaders.co.za/sellviawhatsapp whichever is most convenient.

25.4 The collection of goods is only applicable to specific stores. Not all stores have the capacity to collect goods. To find out if your closest store will collect, please visit our website and chat with an online buyer.

25.5 Should the goods that are sold by a customer not meet the Cash Crusaders' quality standards when they are collected, the deal may be null and void.

25.6 Customers must please expose any defects, like small scratches, missing remote controls and the like to the online buyer they are dealing with before a collection can be arranged.

25.7 The kilometre radius collection for WhatsApp buying collection service is determined by each store and may differ from store to store. Please enquire with the store that you have selected which kilometre radius they can collect from.

25.8 Customers are required to present the following documentation before payment will be released: Proof of identification, most recent utility bill (proof of residence) and proof of banking particulars.

25.9 All online or WhatsApp buying transactions will only be conducted during the relevant store’s trading hours.