Terms of Service

Effective Date: 23 February 2026 | Last Updated: 23 February 2026

Welcome to SAPawn. These Terms of Service ("Terms") govern your access to and use of the SAPawn platform, including our website at sapawn.co.za, desktop application, and all related services (collectively, the "Platform"). By creating an account or using the Platform, you agree to be bound by these Terms.

SAPawn is a software platform that provides pawnshop management tools. SAPawn itself does not operate a pawnshop, buy or sell goods, or extend credit. Each pawnshop on the Platform is an independent business.

1. Definitions

"Shop Owner" means a registered pawnshop business that uses the Platform to manage operations.
"Staff Member" means any user granted access by a Shop Owner to operate the Platform.
"Customer" means any person who pawns, sells, or purchases goods through a pawnshop using the Platform, or who uses the Customer Portal or Marketplace.
"Marketplace" means the public-facing online storefront where forfeited items are listed for sale.
"We", "Us", "Our" refers to SAPawn, the platform provider.

2. Eligibility and Registration

2.1 Shop Owner Accounts

To register as a Shop Owner, you must:

Be a registered business in the Republic of South Africa.
Hold a valid Second-Hand Goods Dealer licence as required by the Second-Hand Goods Act 6 of 2009.
Provide accurate business registration details, including your company registration number.
If offering credit (payday loans), hold a valid National Credit Regulator (NCR) registration.
Provide a valid email address and phone number for communication.

2.2 Staff Accounts

Shop Owners may create staff accounts with customisable permissions. The Shop Owner is responsible for all activity conducted through staff accounts linked to their shop.

2.3 Customer Portal Accounts

Customers may access the portal using their South African ID number and a one-time PIN (OTP). By using the portal, customers agree to these Terms.

2.4 Account Security

You are responsible for maintaining the confidentiality of your login credentials. You must notify us immediately if you suspect unauthorised access to your account. We are not liable for losses arising from unauthorised use of your account.

3. Platform Services

3.1 What We Provide

SAPawn provides pawnshop management software including:

Inventory tracking and item lifecycle management
Customer record keeping
Pawn agreement generation (PDF)
Fee and interest calculations compliant with the National Credit Act
Cash-up and financial reporting
Police integration for stolen goods reporting (Second-Hand Goods Act compliance)
Online marketplace for forfeited goods
Customer portal with chat, EFT payments, and item storage
Desktop application for offline operation with cloud synchronisation
Payday loan and vehicle pawn management

3.2 What We Do Not Provide

SAPawn is a software tool. We do not:

Operate, manage, or own any pawnshop.
Guarantee the accuracy or completeness of data entered by users.
Provide legal, financial, or tax advice.
Act as a party to any transaction between a pawnshop and its customers.
Guarantee the condition, authenticity, or value of any item listed on the Marketplace.

4. Marketplace Terms

4.1 Listings

Items listed on the Marketplace are forfeited goods owned by independent pawnshops. SAPawn facilitates the listing but does not own, inspect, or warrant any item.

4.2 Purchases

When you purchase an item through the Marketplace:

Your contract of sale is with the pawnshop, not with SAPawn.
Payment is processed via PayGate, a licensed South African payment gateway.
A 1% platform fee is added to the item price to cover marketplace operating costs.
Delivery options (collection, courier, or shop delivery) are subject to availability and additional charges.

4.3 Refunds

Refund and return policies are determined by the individual pawnshop. As items are second-hand goods, the Consumer Protection Act provisions on returns may apply differently. Contact the selling pawnshop directly for refund enquiries.

4.4 Auctions

Auction bids are binding commitments to purchase. Once you place a bid, you are obligated to complete the purchase if you are the winning bidder. Non-payment may result in account suspension.

5. Subscriptions and Payments

5.1 Free Trial

New Shop Owner accounts include a free trial period. No credit card is required to start a trial.

5.2 Subscription Plans

After the trial period, continued access requires an active subscription. Subscription fees are billed through PayGate, a licensed South African payment gateway operated by DPO Group. PayGate is PCI-DSS Level 1 compliant and uses industry-standard encryption. No card details are stored on our website. You may view their security policy at paygate.co.za. We reserve the right to change pricing with 30 days' written notice.

5.3 Cancellation

You may cancel your subscription at any time. Upon cancellation:

You retain access until the end of your current billing period.
Your data will be retained for 90 days after expiry, after which it may be permanently deleted.
You may request a data export before cancellation.

6. Data and Content

6.1 Your Data

You retain ownership of all data you enter into the Platform. We do not claim ownership of your business data, customer records, transaction history, or uploaded images.

6.2 Data Accuracy

You are responsible for the accuracy and completeness of all information entered into the Platform. This includes customer identification details, item descriptions, serial numbers, and financial data required for Second-Hand Goods Act compliance.

6.3 Licence Grant

By uploading content (photos, descriptions, etc.), you grant SAPawn a non-exclusive, worldwide licence to display that content on the Platform, including the public Marketplace, for the purpose of providing the service.

7. Legal Compliance

7.1 Shop Owner Obligations

As a Shop Owner, you are responsible for complying with all applicable South African legislation, including but not limited to:

Second-Hand Goods Act 6 of 2009 — dealer registration, record-keeping, police reporting.
National Credit Act 34 of 2005 — interest rate caps (maximum 5% per month), disclosure requirements, and responsible lending.
Consumer Protection Act 68 of 2008 — fair trading practices.
Protection of Personal Information Act 4 of 2013 (POPIA) — customer data protection.
Value-Added Tax Act 89 of 1991 — VAT registration and returns where applicable.
Financial Intelligence Centre Act 38 of 2001 (FICA) — anti-money laundering obligations.

SAPawn provides tools to help with compliance but does not guarantee compliance. You must seek independent legal advice for your specific circumstances.

7.2 Police Integration

The Platform includes integration with the South African Police Service (SAPS) for stolen goods reporting. You must:

Cooperate fully with police investigations conducted through the Platform.
Not tamper with, remove, or alter any police lock placed on an item.
Report suspicious goods as required by law.

8. Prohibited Conduct

You may not:

Use the Platform for any unlawful purpose.
Enter false or misleading information.
Accept stolen goods knowingly through the Platform.
Circumvent police locks or investigation holds.
Attempt to gain unauthorised access to other accounts or shops.
Interfere with the Platform's operation or security.
Reverse-engineer, decompile, or create derivative works of the Platform software.
Use automated tools to scrape data from the Platform.
Resell or sublicence access to the Platform without our written consent.

9. Limitation of Liability

To the maximum extent permitted by South African law:

SAPawn is provided "as is" without warranties of any kind, whether express or implied.
We do not warrant that the Platform will be uninterrupted, error-free, or secure.
We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform.
Our total liability for any claim shall not exceed the amount you paid us in subscription fees during the 12 months preceding the claim.
We are not responsible for transactions between pawnshops and their customers.

10. Termination

We may suspend or terminate your account if you:

Breach these Terms.
Engage in fraudulent or illegal activity.
Fail to maintain a valid subscription (after grace period).
Fail to cooperate with a police investigation.

Upon termination, your access to the Platform ceases. Data retention follows section 5.3 above.

11. Intellectual Property

The SAPawn platform, including its software, design, branding, and documentation, is the intellectual property of SAPawn. You may not copy, modify, distribute, or create derivative works without written permission.

12. Dispute Resolution

Any dispute arising from these Terms shall be:

First addressed through informal negotiation between the parties.
If unresolved within 30 days, submitted to mediation in accordance with the rules of the Arbitration Foundation of Southern Africa (AFSA).
Governed by the laws of the Republic of South Africa.
Subject to the jurisdiction of the courts of the Republic of South Africa.

13. Changes to These Terms

We may update these Terms from time to time. We will notify registered users via email at least 14 days before material changes take effect. Continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

14. Contact

For questions about these Terms, contact us at:

Email: accounts@sapawn.co.za
Website: sapawn.co.za