Prezzee Business Terms of Service
Last Updated: 30th October, 2018
These Terms and Conditions of Use apply to all Gift Card Orders made by Business Customers with Prezzee Pty Ltd (Prezzee).
We recommend that you read this document carefully before requesting a quotation or placing an order for Gift Cards with us. If you have any questions or would like more information, please contact the Prezzee Business Sales Team on 02 9093 2777 or visit the website www.prezzee.com.au/business
The following apply to these Terms and Conditions.
“Business Day” means days that are Monday to Friday excluding NSW and National public holidays.
“Business Customer” means a customer who operates a registered business who purchases more than a single gift card in a single transaction for the purpose of that business.
“Completed” means when an order has been finalised.
“Delivered” means when Gift Cards have been sent via Prezzee Gift, or added to your Wallet.
“Delivery Address” means the email address to which the Gift Cards are to be delivered as stated on the Order.
“Fulfilled” means when a Gift Card order has been obtained (either from inventory or via API) and attached to a Gift Card order.
”Gift Card" or “Goods” means any digital Gift Card, eGift Card or eVoucher that you have purchased or received via the Prezzee or Prezzee Business Website.
“GST” means the goods and services taxation regime instituted pursuant to the A New Tax System (Goods and Services Tax) Act 1999 (as amended) and any related Commonwealth Acts, regulations, determinations and rulings associated with or made under any of those Acts.
“Order” means an Order by you to purchase Gift Cards from Prezzee.
“Pending” means an order pending review by a Prezzee staff member.
“Personal Information” includes, but not limited to your name, email, address and payment details.
“Prezzee”, “we” , “our” or “us” means Prezzee Pty Ltd ABN 16602963422 of Suite 12, 50 Reservoir Street Surry Hills, NSW, 2010, Australia.
“Prezzee Gift” is the way in which Gift Cards are sent to recipients via Prezzee.
“Purchase Price” means the price quoted by Prezzee for an Order.
“Quotation” means a quotation issued by Prezzee.
“This Website" means the business gift card sales website accessed at www.prezzee.com.au/business and any part of that website. A reference to "these terms and conditions" or “these terms” also includes any other conditions or requirements contained within this website.
“Wallet” means the area where digital Gift Cards are stored.
“You”, “your” and “yours” means the purchaser of any Gift Cards from us who places an Order via the Prezzee Business channels.
These terms and conditions form a legally binding agreement between you and Prezzee in relation to your use of this website. You accept these terms and conditions by accessing or using any part of the website after you have first accessed a page providing a link to these website terms and conditions. If you decline to accept these terms and conditions, you should exit this website immediately. You acknowledge and accept these terms and conditions (as varied from time to time) each time you or any other person accesses on your behalf, any part of this website, regardless of the means by which the website is accessed, and whether such access is authorised or not.
These terms and conditions are in addition to the individual retailer Gift Card Terms and Conditions that apply to the use of the Gift Card(s) available and purchased through this Website.
4. Use of this website
You acknowledge that we may allow access to the services offered on this website to anyone who enters the website and uses your login details consisting of a valid and active username and password. Your login details are our way of identifying a user and providing access to the Prezzee Business Gift Card Service. You are responsible for the use of this website and service including anyone who uses it in connection with your approved account and your login details. You indemnify us in respect of all use of this website by you, with your consent or in connection with your gift card ordering, except to the extent that we have expressly authorised that use.You and your organisation are solely responsible for any loss caused by use of your login details by you or any other person, including any use not approved or contemplated by you. You will not attempt to circumvent any website security measures or otherwise interfere with the operation of this website or any information contained within it. You must notify us immediately by calling the Prezzee Help Desk on 02 9093 2777 if you know of or suspect any unauthorised use of this website and service, including unauthorised access utilising your login details.
5. Company Registration
You must first register your business with the Prezzee Business eGift Card Services prior to placing an Order.
To register, complete the registration process at prezzee.com.au/business/register
Prezzee may in its absolute discretion approve or reject or terminate any registration application for any reason.
If your registration is approved you will receive an invitation to complete your registration via e-mail.
You must keep your login details secure. Any Order placed using your login will be deemed to be a valid and authorised Order.
If you do not have access to the website or do not wish to register online you can contact the Prezzee Business Sales Team at firstname.lastname@example.org
a. Placement of an Order with Prezzee by you is an irrevocable offer by you to purchase the Gift Cards you have specified in the Order. To place an order you must be a registered Prezzee Business Customer, login to the service at prezzee.com.au/business, complete and submit a Gift Card Order. You can also order
by contacting the Prezzee Business Sales Team at email@example.com
b. Prezzee is not obligated to accept your Order and we may accept or reject your Order for any reason.
c. The contract with Prezzee for the ordering and purchase of Gift Cards specified in your Order only becomes binding with Prezzee once we have accepted your Order and receipt of your payment for the Gift Cards in full has been confirmed. You will receive a Gift Card Order Statement as acceptance of your order from Prezzee.
d. You will receive a tax invoice(s) from Prezzee as determined by the composition of your Gift Card Order. Receipt by Prezzee of payment from you in full is required prior to Gift Cards being approved for production, released and/or activated.
e. For orders placed via Direct Debit, orders must be complete and submitted to Prezzee Corporate Sales before 4.00pm AEST. Orders received after this time will be deemed received the next business day. In the instance of an order being received after 4.00pm on a Business Day prior to a public holiday or weekend the order will be processed the next business day after the public holiday or weekend.
f. Orders will be processed and delivered within the timeframes stipulated by Prezzee. For large order fulfilment and delivery timeframes please email firstname.lastname@example.org for further information.
a. Business customers can pay for eGift Card orders by direct deposit, prepaid balance or credit cards including MasterCard, Visa and American Express.
b. Payments via credit card may incur additional card processing fee.
c. Payment for the total of eGift Card order must be made in full and cleared funds before the eGift Card are dispatched.
d. Business customers are responsible for managing their prepaid balance and authority to use the prepaid balance. Prezzee is not liable for any loses incurred for any misuse of prepaid balance.
Orders for eGift Cards can be made via the Prezzee Business Website or the API.
On the Prezzee Business Wesbite, Business user can place orders for eGift Cards by uploading a csv file or by using the order’s wizard.
Business customers can also place orders via an Application Program Interface (API) designed by Prezzee. Prior configuration is required by the Business customer to consume the API and place orders via the API. For more information please send us an email at email@example.com
Gift Cards can be sent via two methods.
A. You deliver - Prezzee Gift will deliver Gift Cards to your nominated email address/es as specified in your Order. The recipient will receive an email from Prezzee’s service provider with a link to access the eGift Card. The person who receives the Gift Card(s) sent to the nominated address shall be presumed to be authorised to receive the Gift Card(s) on your behalf. Delivery will depend on the size of the order. For a guide once an order has been fulfilled, please refer to these times as a guide:
0 - 100 (Instantly)
101 - 1000 (Within the hour)
1,000 - 10,000 (Same day)
10,000 + (Please speak with a team member)
B. We deliver - When an order is delivered to a Wallet or as a gift link for self distribution at a later time.
Once Prezzee has delivered an Order by either of these two methods then the order is completed.
All eGift cards purchased via prezzee.com.au/business require no activation.
11. Gift Cards
Individual retailer Terms and Conditions of Use in relation to Gift Cards apply to any gift cards that are purchased by you. These terms and conditions are available under each retailer card.
You may use Gift Cards purchased through the Prezzee Business website only for the following
i) Reward and recognition program(s);
ii) Loyalty and customer programs;
iii) Consumer and trade promotions;
iv) Incentive programs;
v) Programs operated by you and your organisation as a third party service provider for business, marketing and
program services on behalf of corporations and businesses in Australia;
vi) Charity and fundraising programs;
vii) Prizes and Gifts; and
viii) Emergency and social relief.
c. You must seek our written approval for any use of the Gift Cards purchased through the Prezzee Business Sales Service which does not comply with these terms and conditions.Unless expressly agreed in writing, you must not sell or re-sell Gift Cards purchased through the Prezzee Business Sales Service; this includes, but is not limited to, resale or on-selling to staff, team members or third parties.
12. Gift Card Promotions and Approvals
If you choose to use a retailer Gift Card for a promotion you must seek the approval from each retailer via Prezzee. We will take all reasonable measures to seek approval which includes the use of retailer logos, Gift Card artwork, images or copy that mentions their brand. Any breach of this agreement can result in Prezzee removing you from our services permanently.
13. Prezzee Gift Cards and Co-Branded Prezzee Swap Gift Cards
Prezzee Gift Cards are an exchange Gift Card that can be swapped for any Gift Card of the same value on the Prezzee Platform. Not all vouchers and Gift Cards are available in all denominations and may not be available to swap, kindly check prezzee.com.au/store for full list of cards and denominations. Prezzee Business customers can upload their own corporate logo to create a Co-Branded Prezzee Swap Card.
In this instance, each customer must have permission to use the logo on the Co-Branded Prezzee Swap Card. Prezzee takes no responsibility for the misuse of any unauthorised uses of logos.
14. Discounts and GST on Gift Card price
a. We may in our absolute discretion, agree to offer a discount on the face value price of Gift Cards and/or any applicable issuance fee(s) payable by you for Gift Cards contained within an Order and may place any conditions or restrictions on you in consideration for the discount (such as minimum Orders, forecast Orders, method of payment).
b. Discounts are under no circumstances to be passed on to third parties without the prior permission of Prezzee.
c. The discount provided by the Prezzee Corporate Sales team will only be valid for purchases of Gift Cards made throught the Prezzee Business wesbite using your login at prezzee.com.au/business, via the API or by contacting Prezzee Corporate Sales on 02 9093 2777.
d. Prezzee reserves the right to withdraw or decrease any discount if there is a decrease in the value and/or frequency of Gift Card Orders placed by you.
e. GST will not apply to the sale price of a Gift Card, being specifically the face value/loaded amount of that Gift Card.
Once an Order has been delivered that order cannot be cancelled.
For requests to cancel an Order please refer to the following:
a. You may cancel an Order by providing written notice to Prezzee:
i) prior to payment being cleared, at no additional cost, or
ii) prior to activation of the Order, in which case cancellation charges may apply.
b. You may not cancel part of an Order.
c. Prezzee reserves the right to cancel an Order if it is:
i) Not paid for in full within 30 days of the Order Date;
ii) Not accepted at the nominated delivery address within 30 days of the dispatch date; or
iii) Deemed by Prezzee to be fraudulent or possibly fraudulent.
We will refund all money received from you (less any applicable fees and charges) in the form of a cheque or direct debit for all approved cancellations. To discuss the cancellation of an Order, contact Prezzee Corporate Sales on 02 9093 2777 or firstname.lastname@example.org.
16. Risk & Title
Risk and title in the Goods passes to you upon valid delivery of the Goods to your nominated email Address.
Under no circumstances give out your business login details. Anyone placing an order using your business login details will be deemed to be you and you will be liable for any costs associated with your order/s.
17. Privacy and Security
18. Warranties to Prezzee
By submitting an Order you are deemed to have read this document in its entirety and understand and agree to be bound by its terms in respect of each Order.
You acknowledge that we are entitled to assume that any person purporting to have the authority to bind you to an Order has the authority they claim.
If you are a Trustee, then you warrant that you have the authority and power to enter into this agreement and that the relevant trust assets are sufficient to satisfy any liability to us.
You warrant and represent to us that:
you have the authority to agree to these terms and conditions and place an Order;
you are in good standing and validly existing under Australian law;
no proceedings for bankruptcy (if you are an individual) or application for any form of external administration (if you are a corporation) have been filed or threatened against you,no trustee in bankruptcy has been appointed to your estate (if you are an individual) and no external administrator of any kind has been appointed to administer your affairs (if you are a corporation). You indemnify and hold us harmless for any loss, liability, claim, fine, penalty, order or judgment that we may suffer whether direct, indirect or consequential, howsoever caused, as a result of your act, omission or negligence, or breach of these terms and conditions or if any of the warranties are or become untrue.
19. Use of Prezzee Intellectual Property
You must obtain our prior written approval on each occasion you propose to use any or all of Prezzee’s intellectual property. For any proposed use of Prezzee’s logo or proposed reference to Prezzee, please send full details including any artwork and how it is proposed it will be used for approval to email@example.com. Submission of a request for marketing approval to Prezzee Corporate Sales does not guarantee automatic approval to use trademarks, images or references in any promotion.
If we approve your use of Prezzee’s intellectual property, you must clearly state in the program or promotion that you are operating which may incorporate Gift Cards that “Prezzee is not the promoter” or such equivalent statement and the terms and conditions associated with any program utilising Gift Cards must clearly stipulate that the program, including the distribution of the Gift Cards, is managed by you (as the "promoter") and is in no way supported or endorsed by Prezzee.
You agree to withdraw or amend any material that uses or incorporates Prezzee’s intellectual property at any time notwithstanding that we may have provided our consent to such use.
Neither you or your related bodies corporate or associates will alter or claim any ownership rights in Prezzee’s intellectual property and will not use or register or attempt to use or register any intellectual property that is the same or similar to Prezzee’s intellectual property.
Prezzee has the rights in registered and unregistered trademarks, other marks, devices and images, which are protected by law. Except as expressly authorised in writing by a portfolio member or us, the use of any of the trade marks is strictly prohibited. Neither registration of your company or placement of a Gift Card Order through the Prezzee Corporate Sales Gift Card Service authorises you to utilise the trade marks.
The website and its contents are subject to copyright. The copyright is owned by Prezzee or, in the case of some material, third parties. You may view this site and its contents using your web browser and electronically copy and print hard copies of parts of this site solely for personal, non-commercial use. Any other use, including the reproduction, modification, distribution, republication, display, communication or performance, of the content of this site is strictly prohibited.
This website contains registered trademarks and other trademarks that are otherwise protected by law that are owned by Prezzee or its affiliates. Except as expressly authorised by Prezzee in writing, the use (excluding copying or printing hard copies of parts of the website for personal, non-commercial use) or misuse of any of these trademarks is strictly prohibited. The website may also feature other trademarks owned by third parties used by Prezzee with the consent of those third parties. Prezzee does not claim any proprietary rights in those trademarks. Prezzee is not liable for your use or misuse of such trade marks. In the event you may wish to upload your corporate logo you must take full responsibility that the logo used is yours or you have permission to use the logo. Prezzee accepts no responsibility for the use of any logo without permission from the lawful owner of that logo.
We reserve the right to suspend the fulfilment of any Orders for the duration of any events beyond our control.
You may not without the written permission of Prezzee assign, transfer or deal with any of your rights or obligations under this agreement, including to any successor in business. If you undergo a change in control or ownership we reserve the right to cancel any outstanding Orders and refuse any subsequent Orders.
We reserve the right from time to time to vary, by notice in writing to you, these Terms and Conditions, Quotation amounts, or other matter in connection with any Order.
23. Withdrawal or suspension of service
Our online services, or your access to them, may be withdrawn or suspended for any reason without notice, including but not limited to the following;
- Any interruption to or fault in, any applicable computer or telecommunications systems or service including if a service, website computer or telecommunications system is subjected to any virus, unauthorised access, or similar event;
for website maintenance and security purposes
If you breach any of these terms and conditions or use the service for a purpose not expressly authorised by Prezzee under these terms and conditions or otherwise in writing;
If you login consisting of a valid username and password is disabled, suspended or cancelled or expires or;
If Prezzee no longer wishes to maintain the website or provide the service
24. Viruses and Cookies
25. Third party websites
When you visit the website and send emails to us, you are communicating with us electronically. You agree that we may communicate with you electronically. We will communicate with you by email or by posting notices on the website. You agree that all agreements, notices and other communications that we provide to you electronically meet any legal requirement that such communications be in writing. In some instances, we may communicate with you via other methods for example your telephone number where you have consented to such communication.
28. Comments and feedback
Please note that if you provide any information, suggestions, attachments, ideas, feedback, product reviews or comments (“Comments”) on or via the website, these Comments will not be considered or treated as confidential. By submitting any Comments, you are granting Prezzee an irrevocable, perpetual and unrestricted license to use, reproduce, transmit, display and distribute any Comments for any purpose whatsoever, including advertising.
You are solely responsible for the accuracy of the Comments you post on or via the website, and for the consequences of posting those Comments, which you acknowledge and agree are your personal views or opinions. Prezzee does not endorse, verify, encourage or agree with any Comments posted on this website. Comments must not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. Comments must also not contain slanderous or otherwise unlawful, abusive or obscene material. Prezzee has the right but not the duty to monitor and edit or remove any Comments posted by users of the website.
We have put in place measures to safeguard and secure your personal data from unauthorised access, misuse, modification and disclosure while stored or transmitted by Prezzee. When you provide us with your personal data (including your name, address, and credit card number) through the ordering process, we protect your personal data in transit by a Secure Socket Layer (SSL), which fully encrypts your personal data from being read by anyone over the internet. SSL encryption works by forming a matched pair with the transmission from your computer transmission and our server, so that only data to and from these sources is valid. To ensure that you are accessing our secure server before you submit your personal data, please refer to the lower corner of your browser for an unbroken key or a closed lock (depending upon your browser), which indicates that SSL is active.
You agree that your access to, and use of, this website is subject to these terms and conditions and all applicable laws and is at your own risk. You acknowledge that this website and its contents are provided on an "as is" basis. This website may contain errors, faults and inaccuracies and may not be complete and current. Prezzee therefore reserves the right to correct any errors, faults or inaccuracies (including after an order has been submitted) and to change or update information at any time without prior notice. Prezzee makes no representations or warranties of any kind, express or implied, concerning the operation of this website, or any information, content, materials or products included on this site or related to this site, except as otherwise required under applicable laws. Further, Prezzee does not make any representations or warranties that the website will be uninterrupted or error-free, nor does it make any representations or warranties as to the results of any search conducted on the website.
31. Limitation of liability
32. Applicable law
This website is provided for use by registered Australian businesses and their authorised officers or employees only. Your use of this website is governed by and enforced in accordance with the laws of the state of New South Wales, Australia. Disputes arising from your use of this website are exclusively subject to the jurisdiction of the courts of New South Wales, Australia. This website may be accessed throughout Australia and overseas. Without limiting the above disclaimer, Prezzee makes no representations that the content of this website complies with the laws (including intellectual property laws) of any country outside Australia. If you access this site from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the site.
33. Variations to terms and conditions
These are the current website terms and conditions. Prezzee reserves the right to make amendments and variations to these terms and conditions, any policies and the content of the Website at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be severable and operable to the extent permitted under the law, and shall not affect the validity and enforceability of any remaining conditions. Where a change may result in an unfair burden being placed on existing users of the website or services, we will provide a period of notice that we consider appropriate and reasonable related to that change. You should visit the Website Terms from time to time to review the then current terms governing your use of the Website.
34. CONTACT US
For more information please contact the Prezzee Business Sales Team on:
Phone: 02 9093 2777
Mail: Suite 12, 50 Reservoir St, Surry Hills, NSW 2010, Australia.