Terms of Service

Last updated: 09 December 2016

PREZZEE TERMS OF SERVICE

Welcome to Prezzee. Prezzee ("Prezzee", "we", "us", "our") is a service which enables access to our mobile application and website where a user can buy, send, re-gift, redeem, manage and store digital Gift Cards and receive other services from Prezzee as described here (collectively the “services”).

Please read this document carefully because this User Agreement and Website Terms of Use (collectively, "Terms") describe the legally binding agreement between you and Prezzee on which we offer you access to our mobile application, site and services, including the services provided by our independent third party payment processor/s.

The Terms, including our Privacy Policy are a contract between you ("you", "your") and Prezzee. By creating a Prezzee account, you must live in the Australia and have read, understood, and agree to be bound by the Terms. Users of the Service must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with Prezzee. Persons between the ages of 13 and 18 may only use the Service with the supervision of a parent or legal guardian who registers for an account with Prezzee and thus agree to be bound by these Terms.

If you don’t agree to the Terms or are under the age of 13, do not use the Site or the Service. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gift Cards sold via this service are only valid within Australia.

We reserve the right to modify these terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Service, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the Prezzee website Terms of Service. By agreeing to this you consent to receive notifications through these means and your continued use of the Service will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.

YOUR PREZZEE ACCOUNT

In order to use Prezzee “the Service”, you will need to register an account. Only one account can be registered for and in doing so you agree to (1.) to submit your own valid e-mail address, (2.) to create a password; (3.) that all information that you submit will be accurate and not misleading; (4.) to keep confidential, all aspects of your account including your password; (5.) that you are responsible for any and all uses of your account, whether or not you’ve authorised such use; (6.) to keep confidential all aspects of other Users’ account information that you may have access to; and (7.) that you will not use the Site or Service for any unlawful or otherwise prohibited activity and (8.) Maintain and promptly update your account information to keep it accurate, current and complete (9.) Notify Prezzee if you discover or suspect that your account has been subject to hacking or unauthorised use by emailing us at help@prezzee.com. By signing into Prezzee and creating an account, any misleading, inaccurate or false personal information will result in Prezzee reserving the right to de-activate your account and ban you from using our service in the future.

SECURITY

We encourage all users to have a passcode lock on their mobile devices. Gift Cards should be treated like cash and adding a passcode to your mobile device will ensure they are protected if you should loose your mobile device. Do not share your passcode with anyone. If you loose your mobile device please contact us at help@prezzee.com as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card unfortunately we are unable to assist you.

PRIVACY POLICY

We respect your personal data and privacy at Prezzee. Please refer to our Privacy Policy on how information of our users is collected, used and disclosed.

ADDITIONAL TERMS

Our Terms of Sale applies when you purchase products such as Gift Cards from Prezzee. These are subject to change at any time at our discretion, and so the Terms of Sale should be reviewed each time a purchase is made.

PREZZEE SERVICE DESCRIPTION

The issuer is the Retailer for the applicable Gift Card.

BUYING GIFT CARDS

Each time you buy a Gift Card for yourself, it will be stored in your digital wallet. You will be able to see all Gift Cards purchased in your Card History.

SENDING GIFT CARDS

SCHEDULED DELIVERY

Gift cards can be delivered to the recipient on a date defined by the customer. Prezzee will endeavour to deliver the Gift Card on the date defined by the user. Prezzee cannot guarantee the time of delivery or the delivery of Gift Card on the date defined by the user. Typically Gift Cards are delivered on the morning of the scheduled delivery day.

RE-GIFTING GIFT CARDS

You can re-gift a Gift Card you already own by selecting a specific Gift Card from your digital wallet. Choose a recipient from your contacts and add a complimentary “Greeting Card“. Donation Gift Cards are not able to be Re-Gifted. Re-Gift is only available for selected retailer Gift Cards with real-time balance check capability.

PREZZEE SWAP GIFT CARD

The Prezzee Swap Gift Card allows the recipient to choose a Retailer Gift Card of their choice (available on the Prezzee service). The Prezzee Swap Gift Card is valid for 12 months so please make sure you exchange to the Gift Card of your choice before the end of the 12 month period. Retailer Gift Cards acquired by user via an exchange of Prezzee Gift Card is ineligible for promotions, special offers and discounts.

YOUR DIGITAL WALLET

Each account automatically creates a digital wallet. This is where all your Gift Cards are stored and where you can check balances of Gift Cards, view Retailer terms and conditions Re-Gift a Gift Card and Redeem your Gift Cards.

REDEMPTION OF GIFT CARDS

Redeeming in a physical store:

Redeeming on-line:

Please check each Retailers Terms and Conditions before you purchase a Gift Card.

ARCHIVE CARD

When you have redeemed your Gift Card or the balance is very low you have the option to Archive this card. In your wallet, once you display the back of the card, the "Archive Card" button in located in the menu at the top right of the screen. If you accidentally archive your Gift Card please contact us at help@prezzee.com.

REFER A FRIEND

From time to time Prezzee offers users the opportunity to receive a free Gift Card. Users are able to invite friends via their email either on the Prezzee website or in the App. Users are not permitted to send invitations to themselves, either via the same Prezzee account or by setting up new Prezzee account accounts. Prezzee will only honour legitimate invitations to friends. At Prezzee’s sole discretion - Prezzee will determine users who are deemed to be sending invitations to themselves.

LINKS TO THIRD PARTY SITES AND SERVICES

INTELLECTUAL PROPERTY AND LIMITED LICENSE

Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Prezzee or our licensors or users and are protected by Australian intellectual property legislation.

Prezzee grants you a limited, non-exclusive license to access and use the Services and Prezzee content only for the purpose of purchasing, sending or managing Gift Cards or receiving other services under these Terms. The license is subject to these terms and you are not permitted to:

  1. Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Prezzee Content;
  2. Copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Prezzee Content;
  3. Modify, alter or otherwise make any derivative uses of the Service or the Prezzee Content, or any portion thereof;
  4. Remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Prezzee Content;
  5. Use any data mining, robots or similar data gathering or extraction methods;
  6. Download (other than page caching) any portion of the Services or the Prezzee Content, except as expressly permitted via the Services and
  7. Use the Services or the Prezzee Content other than for their intended purposes.

Some designs from the complimentary “Greeting Cards“ are the intellectual property of a third party stock agency. We do not own or claim to own the Intellectual Property for these designs. These have been licenced to Prezzee for the sole use of our Services and are not to be reproduced in any way. Any other “Greeting Cards“ are the sole intellectual property of Prezzee.

Any use of the Services or the Prezzee Content other than what is specifically referred to in these Terms of Service is prohibited and any licence granted will be terminated. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.

TRADEMARKS

“Prezzee” is a registered trademark. “Prezzee”, the logo and any other Prezzee product or service names are Prezzee’s intellectual property and may not be copied, imitated or used, whether in whole or part, without the prior written consent of Prezzee. All other trademarks and names mentioned in the Service are the property of their respective owners and cannot be used without the permission of the relevant holder.

REPEAT INFRINGER POLICY; COPYRIGHT COMPLAINTS

Prezzee has a policy of terminating – in appropriate circumstances and at Prezzee’s sole discretion – users who are deemed to be repeat infringers. Prezzee may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others. If you believe that anything on the Service infringes upon any intellectual property, which you own or control, a notification may be filed by emailing help@prezzee.com. If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

USER CONTENT

The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Service (“User Content”). This content must comply with the rules set out below. They do not create any private right of action on the part of any third-party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.

We reserve the right to cancel a User account at any time for any reason in our sole discretion. You agree not to post, upload, transmit, distribute, store, create or otherwise publish through the Service content, which falls under any of the following:

  1. Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;
  2. Any sexually explicit Content
;
  3. Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation
;
  4. Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”
;
  5. Submitting any Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right
 or intellectual property;
  6. Posting Content originally posted by another User without permission or attribution
;
  7. Content designed to deceive or trick the user of the Service;
  8. Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;
  9. Private information of any third-party, including but not limited to addresses, phone numbers, email addresses or credit card numbers;
  10. Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or
  11. If we in our judgment and sole discretion deem it appropriate.




If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to help@prezzee.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Term has been violated and to determine what, if any, action should be taken.

While Prezzee does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Prezzee reserves the right to remove, screen or edit any content posted, stored or uploaded onto the Service at any time for any reason without notice. You are solely responsible for backing up your content and replacing any content you post, store or upload onto the Service at your own costs and expense. We take no responsibility or liability for any content.

Other than for feedback provided with respect to the Services, you retain ownership of any content you post, store or upload onto the Service. You therefore allow Prezzee and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world in any manner or media, on or off the Service. You represent and warrant that:

  1. You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;
  2. The content posted, stored or uploaded onto the Service is accurate and not misleading;
  3. Prezzee’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

USER CONDUCT

You are solely responsible for your conduct and the conduct of anyone who uses your account with respect to the Service, and you agree that you will not permit anyone using your account to conduct any of the following in connection with the Services:

Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Prezzee. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.

FEEDBACK

We welcome your feedback. Feedback submitted through the Service or otherwise is non-confidential and becomes the sole property of Prezzee. We own the intellectual property rights in and to such feedback, and are entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgement to you.

DISPUTES

For any technical issues with our Service please contact help@prezzee.com for us to review the problem. We will take all measures to rectify the issue as soon as possible. Prezzee will review your complaint and notify you in the event that we shall require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.

Please follow the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:

DISCLAIMERS

Prezzee is a marketplace that provides users access to Gift Cards offered by third parties. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by third parties, nor can we be held responsible for transactions on third party websites. Use of third party logos and trademarks in no way constitutes an affiliation between Prezzee and a third party.

You expressly acknowledge and agree that your use of the Service and Prezzee content is at your own risk. Prezzee disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Service, including any:

  1. Implied warranties of merchantability;
  2. Implied warranties of fitness or suitability for any purpose; and
  3. Warranties of non-infringement or condition of title.

Prezzee does not warrant that the functions contained in the Service will be accurate or meet your requirements, that the operation of the services will be uninterrupted or error-free.

INDEMNIFICATION

In your use of the Service, you agree, at your own expense, to defend, indemnify and hold us, our service providers and consultants from any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by or arising out of your use of the Service, your violation of these Terms or any content you post, upload or transmit through the Service.

LIMITATION OF LIABILITY

In no event will Prezzee be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of or related to the Service and content contained, including but not limited to the Gift Cards, gift promotions, related products and services (this includes but is not limited to the redeemability of Gift Cards or gift promotions), user content, Prezzee content, third party services and/or materials, however caused, regardless of the liability and even if Prezzee has been advised of the possibility of such damages. In the matter of or relating to the use of or inability to use the Service, Prezzee’s total liability will not exceed fifty dollars ($50.00).

APPLICABLE LAW

Prezzee is based in Australia and our Service is subject to Australian legislation. We make no representations or warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside Australia, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the state of New South Wales and Australia govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the State and Federal courts located in Sydney New South Wales, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.

TERMINATION OF SERVICE

Your account with Prezzee and any access to the products and services is and shall remain at the sole and absolute discretion of Prezzee. Prezzee will reserve the right to change, suspend, remove, discontinue or disable access to the Service at any time and without notice. In no event will Prezzee be held liable for the removal of or disabling of access to any part or feature of the Service.

SEVERABILITY

Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

WAIVER

Enforcement of the Terms is solely at our discretion and Prezzee’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

ASSIGNMENT

Prezzee can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Prezzee’s successors and assignees. You may not assign these Terms to another person or entity.

IOS MOBILE APP PROVISIONS

Notwithstanding anything contrary in the Terms, the additional terms set out in this section will apply to the installation and use of Prezzee’s mobile applications on iOS devices. These terms govern any updates to, or supplements or replacements for, Prezzee’s mobile applications, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

ACKNOWLEDGEMENT

Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay and Touch ID are trademarks of Apple Inc. You acknowledge that the provisions above are solely between you and Prezzee, and not with Apple, Inc. Prezzee, not Apple, is solely responsible for Prezzee’s mobile applications and the content contained. You also acknowledge that your use of Prezzee’s mobile applications are subject to any additional restrictions set out in the Usage Rules for the Apple App Store Terms of Service as at the date you download Prezzee’s mobile applications. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the Prezzee Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.

SCOPE OF LICENSE

Prezzee grants you a non-exclusive, non-transferrable, limited license to install and use Prezzee’s mobile applications on any iOS device that you own or control, solely as permitted by the Terms and the Usage Rules set out in the Apple App Store Terms of Service.

MAINTENANCE AND SUPPORT

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Prezzee’s mobile applications.

WARRANTY

You acknowledge and agree that Apple is not responsible for any product warranties, whether express or implied by law, with respect to Prezzee’s mobile applications. In the case of failure of Prezzee’s mobile applications to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, is any, paid by you to Apple for the Prezzee mobile applications, and to the maximum extent permitted by applicable law. Apple will have no other warranty obligation whatsoever with respect to these applications. You also acknowledge and agree that to the extent that there are any applicable warranties or other claims, losses, damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of Prezzee. You will understand and agree that in accordance with these Terms, Prezzee was disclaimed all warranties of any kind with respect to Prezzee’s mobile applications, and therefore there are no warranties applicable to such applications.

PRODUCT CLAIMS

You acknowledge and agree that as between Apple and Prezzee, Prezzee and not Apple is responsible for addressing any of your claims or third-party claims relating to Prezzee’s mobile applications or your possession and/or use of such applications, including but not limited to (i) product liability claims; (ii) any claim that the applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that in the event of any third-party claim that Prezzee’s mobile application or your possession and use of it infringe that third-party’s intellectual property rights, Prezzee and not Apple will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these terms.

LEGAL COMPLIANCE

You represent and warrant that: (i) you are not located in a country that is subject to an Australian Government embargo, or that has been designated by the Australian Government as a “terrorist supporting” country; and (ii) you are not listed on any Australian Government list of prohibited or restricted parties.

THIRD-PARTY BENEFICIARY

You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries under these provisions and that upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third-party beneficiary thereof.

CONTACT US

Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at help@prezzee.com or:



Prezzee Pty Ltd
Attn: Help Centre
Suite 106, 350 George Street
Sydney, NSW, 2000, Australia
Website: www.prezzee.com.au
Email: help@prezzee.com.au
Phone: (02) 9093 2777