Last updated: August 2020
PREZZEE TERMS OF SERVICE
Welcome to Prezzee. Prezzee Pty Ltd ("Prezzee", "we", "us", "our") is a service which enables access to our websites, mobile applications (“App”) and other products and services where a user can buy, send, redeem, manage and store digital Gift Cards, codes and/or vouchers (collectively, “Gift Cards”) and receive other services from Prezzee as described here (collectively the “Services”).
Please read this document carefully because these Terms of Service (collectively, "Terms") describe the legally binding agreement between you and Prezzee on which we offer you access to the Services, including the services provided by our independent third party payment processor/s.
You may use the Services by creating a Prezzee account or by using the Services via our guest checkout function (“Guest Checkout”) pursuant to these Terms.
By creating a Prezzee account, or by using Guest Checkout, you acknowledge that 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 and may not use the Guest Checkout. 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 or uses the Gest Checkout, and thus agree to be bound by these Terms.
If you do not agree to the Terms or are under the age of 13, do not use the Service. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gift Cards sold via the Service are valid for use within Australia and may be available for use or sending to recipients in other countries. Please consult the Prezzee Gift Card wall via the Service and each participating issuing retailer’s (“Retailer”) terms and conditions for the use of Gift Cards outside of 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 the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered and in doing so you agree to: (1.) submit your own valid e-mail address, (2.) create a password; (3.) that all information that you submit will be true, accurate and not misleading; (4.) keep confidential and secure, all aspects and information of your account including your password; (5.) you are responsible for any and all uses of your account, whether or not you have authorised such use; (6.) keep confidential and secure all aspects of other users’ account information that you may have access to; (7.) you will not use the Service for any unlawful or otherwise prohibited activity; (8.) maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and (9.) notify Prezzee if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use by emailing us at email@example.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.
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 lose your mobile device. Do not share your passcode with anyone. If you lose your mobile device please contact us at firstname.lastname@example.org 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.
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 Terms of Sale are available via the Service.
PREZZEE SERVICE DESCRIPTION
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 view and manage all Gift Cards purchased in your Card History.
SENDING GIFT CARDS
Gift Cards can be delivered to the recipient on a date (and time where sent by the App) defined by you. Prezzee will endeavour to deliver the Gift Card on the date (and time if applicable) defined by you. Prezzee cannot guarantee the time of delivery or the delivery of Gift Card on the date defined by you.
SHORT MESSAGE SERVICE (SMS) DELIVERY
Gift Cards can be delivered to the recipient’s mobile phone. To view the Gift Card, the recipient must have an internet-enabled handset. The deliverability of the SMS is dependent on several factors such as traffic feasibility on the mobile network and whether the recipient’s mobile phone is within reach, switched on; and cannot therefore be guaranteed by Prezzee. Prezzee is not a mobile network operator and does not guarantee the delivery of SMS text messages. The sender is responsible for entering the correct phone number of the recipient, Prezzee is not liable for Gifts Card lost when the gift message is sent to an incorrect or unintended mobile phone number.
PREZZEE SMART eGIFT CARD
The Prezzee Smart eGift Card allows the recipient to swap Retailer Gift Cards of their choice to the equal value of the Prezzee Smart eGift Card (available on the Service). The Prezzee Smart eGift Card is valid for 36 months so please make sure you exchange to the Gift Card of your choice before the end of the 36 month period. By swapping the Prezzee Smart eGift Card for Retailer Gift Cards, you agree to the Gift Card Terms and Conditions set by the Retailers. Please check Retailers Terms and Conditions before you perform the swap. Once a Prezzee Smart eGift Card has been swapped or partially swapped, it cannot be returned back to a Prezzee Smart eGift Card. References to "Smart eGift Card" are also taken to refer to the "Prezzee Swap Card" as the names are used interchangeably.
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, manage and redeem your Gift Cards and view Retailer terms and conditions. Notwithstanding anything stated to the contrary, balances of Gift Cards may only be accessible or viewed if and when the Retailer makes this available to Prezzee. Prezzee does not warrant the accuracy of the balance of the Gift Cards in your wallet.
REDEMPTION OF GIFT CARDS
Redeeming in a physical store:
Please check each Retailer’s Terms and Conditions before you purchase a Gift Card.
When you have redeemed your Gift Card, or the balance is very low, you have the option to delete this card. If you accidentally delete your Gift Card please contact us at email@example.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 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 or are otherwise seeking to misrepresent or defraud Prezzee.
LINKS TO THIRD PARTY SITES AND SERVICES
INTELLECTUAL PROPERTY AND LIMITED LICENCE
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 the Australian intellectual property legislation and the common law.
Prezzee grants you a limited, non-exclusive license to access and use the Services and any content made available by Prezzee (“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:
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.
“Prezzee” is a registered trademark. “Prezzee”, the logo and any other Prezzee product or service names (including the Service) 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 firstname.lastname@example.org. 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.
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:
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 email@example.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether the Terms have 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:
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;
The User Content posted, stored or uploaded onto the Service is accurate and not misleading;
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.
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.
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.
For any technical issues with our Service please contact firstname.lastname@example.org 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:
Prezzee is a marketplace that provides users access to Gift Cards offered by Retailers. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by Retailers, 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:
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.
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 and/or competitions, related products and services (this includes but is not limited to the redeemability of Gift Cards, codes and/or vouchers 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).
Prezzee is based in Australia and our Service is subject to Australian legislation. We make no 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 or other applicable terms or policies of Prezzee as made available from time to time. 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.
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.
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.
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.
Notwithstanding anything contrary in the Terms, the additional terms set out in this section will apply to the installation and use of Prezzee’s App on iOS and/or Android devices. These terms govern any updates to, or supplements or replacements for, Prezzee’s App, unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.
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 App and the content contained. You also acknowledge that your use of Prezzee’s App 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 App. 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.
The “Android” name, the Android logo, the “Google Play” brand, and other trademarks, are property of Google LLC (“Google”), registered in the U.S. and other countries. You acknowledge that the provisions above are solely between you and Prezzee, and not with Google. Prezzee, not Google, is solely responsible for Prezzee’s App and the content contained. You also acknowledge that your use of Prezzee’s App are subject to any additional restrictions set out in the Usage Rules for the Play Store Terms of Service as at the date you download Prezzee’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Play Store Terms of Service and the Prezzee Terms of Service, the terms and conditions of the Usage Rules for the Play Store Terms of Service will have precedence.
SCOPE OF LICENCE
Prezzee grants you a non-exclusive, non-transferrable, limited license to install and use Prezzee’s App on any iOS and/or Android device that you own or control, solely as permitted by the Terms and the Usage Rules set out in the Apple App and/or Android Play Store Terms of Service.
MAINTENANCE AND SUPPORT
You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to Prezzee’s App.
You acknowledge and agree that Apple and/or Google (as applicable) is not responsible for any product warranties, whether express or implied by law, with respect to Prezzee’s App. In the case of failure of Prezzee’s App to conform to any applicable warranty, you may notify Apple and/or Google (as applicable), and Apple and/or Google (as applicable) will refund the purchase price, if any, paid by you to Apple and/or Google (as applicable) for the Prezzee App, and to the maximum extent permitted by applicable law. Apple and/or Google (as applicable) 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 has disclaimed all warranties of any kind with respect to Prezzee’s App, and therefore there are no warranties applicable to such applications.
You acknowledge and agree that as between Apple or Android and Prezzee, Prezzee, and not Apple or Android, is responsible for addressing any of your claims or third-party claims relating to Prezzee’s App 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 App or your possession and use of it infringe that third-party’s intellectual property rights, Prezzee, and not Apple or Android, 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.
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.
You acknowledge and agree that Apple and Android and their subsidiaries are third-party beneficiaries under these provisions and that upon your acceptance of the Terms, Apple and/or Android 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.
Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at email@example.com or:
Prezzee Pty Ltd
Attn: Help Centre
12/50 Reservoir Street
Surry Hills, NSW, 2010, Australia
Phone: (02) 9093 2777