Prezzee eGift Card Terms of Service

1.1.   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”).

1.2.   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.

1.3.   The Terms, including our Privacy Policy are a contract between you ("you", "your") and Prezzee.

1.4.   You may use the Services by creating a Prezzee account or via our guest checkout function (“Guest Checkout”) pursuant to these Terms.

1.5.   By creating a Prezzee account, or by using Guest Checkout, you acknowledge that you live in Australia and have read, understood, and agree to be bound by these Terms. Users of the Services 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 Services with the supervision of a parent or legal guardian who registers for an account with Prezzee or uses the Guest Checkout, and thus agrees to be bound by these Terms.

1.6.   If you do not agree to these Terms, or are under the age of 13, do not use the Services. These Terms do not affect any agreements you have with any other party for products, services or otherwise. Gift Cards sold via the Services 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 Services and each participating issuing retailers’ (“Retailer”) terms and conditions for the use of Gift Cards outside of Australia.

1.7.   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 Services, email or by updating these Terms (as indicated by the “Last Updated” date found at the bottom of these 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.

2.1.   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 email can be registered and in doing so you agree:

a)     to submit your own valid e-mail address and phone number;

b)     to create a unique and strong password;

c)     that all information that you submit is true, accurate and not misleading; 

d)     to keep all information regarding your account confidential and secure, including your password;

e)     you are responsible for any and all uses of your account, whether or not you have authorised such use;

f)      to keep confidential and secure all aspects of other users’ account information that you may have access to; 

g)     you will not use the Service for any unlawful or otherwise prohibited activity;

h)     to 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

i)       to immediately notify Prezzee if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use by contacting us here. Prezzee reserves the right to immediately suspend and/or de-activate your account, and ban you from using the Services in the future, if misleading, inaccurate, false or fraudulent information is provided during account creation or use and/or sign in, or if your account is used or intended to be used for fraudulent or illegal purposes.

3.1.   We encourage all users to secure their laptop, personal and/or mobile devices, including by setting a unique secure password or passcode lock. Gift Cards should be treated like cash. Adding security to your laptop, mobile or personal device will help to ensure that your gift cards are protected. Do not share your password or passcode with anyone. If you lose your mobile or personal device please contact us here as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card/s unfortunately we will not be liable and will be unable to assist you.

3.2.   Prezzee is a secure site and mobile application.

3.3.   Prezzee uses a third-party PCI compliant payment processor, we do not hold any financial information.

3.4.   Retailers’ Gift Cards are linked to their POS systems. Once the amount is redeemed you cannot use that Gift Card again. 

We respect your personal data and privacy at Prezzee. Please refer to our Privacy Policy (available via the Services here) on how information of our users is collected, used and disclosed.

Our Terms of Sale apply 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 here.

6.1.   Prezzee is a:

a)     re-seller of digital Gift Cards. We do not re-sell plastic or physical Gift Cards; and

b)     web application which allows you to design and send eGreetings.

6.2.   The Prezzee App and website are a free service to use.

6.3.   To use this service you need to create an account with Prezzee or may use the Guest Checkout.

6.4.   To purchase a Gift Card you will need to use a valid VISA, MasterCard or American Express or other approved method of payment as updated on the Services from time to time.

6.5.   Access to Prezzee is provided through your email or other means of access as provided or approved depending on your device, as updated from time to time.

6.6.   Features include (but are not limited to):

a)     buying, sending, redeeming and receiving Gift Cards using your mobile device, managing and storing Gift Cards, and receiving offers from time to time; and

b)     designing, customising and sending eGreetings.

6.7.   Prezzee processes payment transactions on your behalf each time a payment is made. We use a third-party PCI compliant payment processor. We do not hold any financial information or credit card details.

6.8.   Prezzee provides users with a platform to purchase digital Gift Cards.

7.1    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.

7.2    You may purchase up to five (5) Gift Cards in each transaction, up to a maximum value of $5,001 per day.

8.1.   The Services enable you to gift or send purchased Gift Cards to others.

8.2.   If you send a Gift Card via Prezzee to another person, you will be notified when that person has opened the Gift Card. Once the Gift Card has been received, Prezzee no longer accepts responsibility for that Gift Card.

8.3.   If the person that you have sent the Gift Card to has not received their email notifying them of their Gift Card, please ask them to check their spam/junk mail.

8.4.   If you inadvertently send the Gift Card to an incorrect email address, please contact us here so we can review your request. If possible we will re-direct the Gift Card to the correct email address. If you have sent the Gift Card to the wrong email address and the Gift Card has already been opened, we will not be liable and may be unable to assist with this request.

8.5.  The sender has the option to send the Gift Card via email or via Short Message Service (SMS). Prezzee will endeavour to send the SMS at the same time as the gift email. 

8.6.   The sender has the ability to personalise the Gift Card with their own chosen image. Prezzee reserves the right to replace the image set by the sender with an alternative image if that image violates clause 21 (or any other clause) of these Terms, as determined by Prezzee in its sole discretion.  

When sent by the App, Gift Cards can be delivered to the recipient on a date and time defined by you. Prezzee will endeavour to deliver the Gift Card on the date and time (if applicable) defined by you, however, Prezzee cannot guarantee the date and time of delivery of the Gift Card. 

10.1.  Gift Cards can be delivered to the recipient’s mobile phone. To view the Gift Card, the recipient must have an internet-enabled handset.

10.2.  The deliverability of the SMS is dependent on several factors outside Prezzee’s control such as, traffic feasibility on the relevant mobile network and whether the recipient’s mobile phone is within reach and switched on. Prezzee is not a mobile network operator and does not guarantee the delivery of SMS text messages.

10.3.  The sender is responsible for entering the correct phone number of the recipient. Prezzee is not liable for any incorrect mobile phone numbers provided and will not be liable for Gift Cards sent to incorrect mobile phone numbers. 

11.1.    A recommended Retailer eGift Card allows the purchaser to recommend a specific Retailer Gift Card to their recipient (Recommended Retailer eGift Card). The recipient can choose to have the Recommended Retailer eGift Card issued to them (if available on the Services at that time) or swap it for a different Retailer Gift Card of equal value (available on the Services at that time).

11.2.    Recommended Retailer eGift Cards display the brand of the Retailer and include a notice that says “more choice, more joy! Your giftee will be able to choose where to spend their gift”. Recommended Retailer eGift Cards are issued by Prezzee at the time of purchase (and not by the Retailer that has been recommended to the recipient).

11.3.    The Recommended Retailer eGift Card expires on the date or timeframe displayed on the product purchase page and in the Prezzee wallet. Once this expiry date or timeframe has lapsed, the Recommended Retailer eGift Card will expire and will no longer be valid.

11.4.    To convert your Recommended Retailer eGift Card into a Gift Card issued by the displayed Retailer, select “keep this card” in your Prezzee wallet. To swap your Recommended Retailer eGift Card to another Retailer, select “swap for another brand”. If the Retailer displayed on the Recommended Retailer eGift Card is no longer available on the Services, you can swap it to another participating Retailer Gift Card of equal value available on the Services.

11.5.    Once you have confirmed your Gift Card selection and a Retailer Gift Card has been issued, the selection cannot be reversed or refunded, except as required by law. The Retailer Gift Card will have a new expiry date (displayed in the Prezzee wallet) and the terms and conditions of the selected Retailer Gift Card will apply.

11.6.   For the avoidance of doubt, Retailer Gift Cards that offer a special promotion will not have the swap functionality and are not Recommended Retailer eGift Cards.

11.7.   Not all Retailers participate in Recommended Retailer eGift Cards. The Retailers who participate in the Recommended Retailer eGift Cards are subject to change from time to time.

12.1.    The Prezzee Smart eGift Card allows the recipient to swap or partially swap to Retailer Gift Cards of the recipients choice up to the value of the Prezzee smart eGift Card (available on the Service) (Prezzee Smart eGift Card).

12.2.    The Prezzee Smart eGift Card is valid for 36 months. Thereafter, the Prezzee Smart eGift Card will expire and will no longer be able to be swapped and will not be valid.

12.3.    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 the terms and conditions of your chosen Retailer before you perform the swap.

12.4.    Once a Prezzee Smart eGift Card has been swapped or partially swapped, it cannot be returned back to a Prezzee Smart eGift Card.

12.5.    References to "Smart eGift Card" are also taken to refer to the "Prezzee Swap Card" as the names are used interchangeably.

13.1.    Each account automatically creates a digital wallet. This is where all your Gift Cards are stored and where you can check the balance of, manage and redeem your Gift Cards and view Retailer terms and conditions.

13.2.    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.

13.3.    Prezzee does not warrant the accuracy of the balance of the Gift Cards in your wallet.

14.1.    Redeeming in a physical store:

a)     To redeem a Gift Card from your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. If optical scanners are available simply scan the barcode.

b)     Tips for scanning Gift Cards: tilt your mobile device so the Gift Card is enlarged in the horizontal format.

c)     If optical scanners are not available, the cashier may be required to manually enter the Gift Card code number at checkout.

d)     Alternatively, you can present a print-out of the Gift Card, showing the barcode, pin number (if applicable) and code, at the Retailer’s physical store at the time of purchase.

14.2.    Redeeming online:

a)     In your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. Tap the “copy” button to save your code to the clipboard. At the Retailer’s checkout, simply paste this code into the designated code area on that Retailer’s website.

b)     Please note, not all Retailers’ Gift Cards are available for use online.

14.3.    Please check each Retailer’s terms and conditions before you purchase a Gift Card.

When you have redeemed your Gift Card, you have the option to delete the card from your digital wallet. If you accidentally delete your Gift Card please contact us here.

From time-to-time, Prezzee offers new users the opportunity to receive a free Gift Card. Users are able to invite new users 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 new users. 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.

17.1.    We are not responsible for the privacy or other practices of links to third-party websites that are not owned or controlled by Prezzee. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit whether this has occurred via the Prezzee website or App or otherwise.

17.2.    Prezzee can provide links to third-party websites, apps, mobile services or other third-party services and may also display, link to or make available third-party content, data, information, events, apps or materials (including social media) (“Third-Party Services”) on or via the Services. This does not indicate that Prezzee endorses, controls or makes warranties or representations of any kind in relation to those Third-Party Services.

17.3.    All users are deemed to accept and understand that access to any Third-Party Services is entirely at their own risk. Prezzee takes no responsibility for any legal issues or otherwise that may result from your use of the Third-Party Services, nor the loss, damage or harm that may be incurred as a result of your use of the Third-Party Services. Your access to these services is not governed by the Terms or Prezzee’s other terms and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for Third-Party Services are solely between you and the Third-Party Service provider and not Prezzee.

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

18.2.    Prezzee grants you a limited, non-exclusive licence 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 licence is subject to these Terms and you are not permitted to:

a)     sell, rent, lease, lend, redistribute, sublicence or make commercial use of the Services or the Prezzee Content;

b)     copy, reverse engineer, decompile, disassemble or attempt to discover the source code of our Services or Prezzee Content;

c)     modify, alter or otherwise make any derivative uses of the Services or the Prezzee Content, or any portion thereof;

d)     remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Prezzee Content;

e)     use any data mining, robots or similar data gathering or extraction methods;

f)      download (other than page caching) any portion of the Services or the Prezzee Content, except as expressly permitted via the Services; and

g)     use the Services or the Prezzee Content other than for their intended purposes or contrary to law.

18.3.    Some designs from the complimentary “Greeting Card” customisations for Gift Cards are the intellectual property of a third party stock agency. We do not own or claim to own the intellectual property of 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.

18.4.    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.

18.5.    Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.

19.1.    “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.

19.2.    All other trademarks and names mentioned in the Services are the property of their respective owners and cannot be used without the permission of the relevant holder.

20.1.    Prezzee will terminate, as determined by and at the sole discretion of Prezzee, users who infringe the intellectual property rights of Prezzee. Prezzee may also limit access to the Services and/or terminate the accounts of any users who infringe the intellectual property rights of others.

20.2.    If you believe that the Services infringe upon any intellectual property, which you own or control, a notification may be filed here.

20.3.    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.

21.1.    The user is solely responsible for all content posted, uploaded, transmitted, distributed, stored, created or otherwise published through the Services (“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.

21.2.    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 Services content, which falls under any of the following:

a)     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;

b)     any sexually explicit User Content;

c)     language or user conduct that could constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;

d)     posting any unsolicited or unauthorised advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;

e)     submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;

f)      posting User Content originally posted by another user without permission or attribution;

g)     content designed to deceive or trick the user of the Services;

h)     material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;

i)      private information of any third-party, including but not limited to, addresses, phone numbers, email addresses or credit card numbers;

j)      viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Services; or

k)     if we, in our judgment and at our sole discretion, deem it appropriate.

21.3.     If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us here. We will review your concerns, but we have the right, at 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.

21.4.     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 Services 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 Services at your own costs and expense. We take no responsibility or liability for any content.

21.5.     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:

a)     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 Services;

b)     the User Content posted, stored or uploaded onto the Services is accurate and not misleading; and

c)     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.

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

a)     use the Services in a manner that could potentially interfere with, disrupt, negatively affect or inhibit other users from full enjoyment of the Services or that could damage, disable, overburden or impair the functionality of the Services in any way inconsistent with the Terms;

b)     flag content or report abuse for improper purposes or without good reason;

c)     use the Services for any illegal, fraudulent or unauthorised purpose or engage, encourage or promote any illegal activity;

d)     imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;

e)     create an account, post or upload any content if the person is not over 13 years of age;

f)      use or attempt to use another user’s account without their authorisation;

g)     modify, adapt, hack or emulate the Services;

h)     use any interface not provided by us to access the Services or to extract data;

i)       develop any third-party applications that interact with User Content or the Services without our prior consent;

j)       avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and

k)     infringe upon/violate the rights of Prezzee, our users or any third-party.

22.2.   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 Services 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.

24.1.   For any technical issues with our Services, please contact us here. We will review the problem and take all measures reasonably necessary to rectify the issue as soon as possible if Prezzee, in its sole discretion, considers rectification is required.

24.2.   Prezzee will review your complaint and notify you in the event that we require additional information or documents. You agree to fully and timely cooperate with all requests we may make in the resolution process.

24.3.   The following terms and conditions apply in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:

a)     you must notify Prezzee of your dispute or complaint here;

b)     Prezzee reserves all rights to conclude and offer, if warranted and applicable and in its sole discretion, a reasonable remedy for your complaint; and

c)     in the event your complaint violates the Terms of Sale, Terms of Service, Privacy Policy, promotional terms and conditions, any other policy not herein, or any and all applicable state and federal laws, we reserve the right to dismiss your complaint and take reasonable action to procure a judgment against you or as is otherwise reasonable at the sole discretion of Prezzee.

24.4.   We have no obligation to resolve any dispute between you and any other recipient or Retailer. Users may resolve a dispute directly with each other or with the applicable Retailer.

24.5.   Prezzee reserves the right to cancel any order at any time and for any reason, at our sole discretion.

25.1.   Prezzee is a marketplace that provides users with 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.

25.2.   You expressly acknowledge and agree that your use of the Services and Prezzee Content is at your own risk. Prezzee disclaims any and all warranties and representations (express or implied, oral or written), to the extent permitted by law, with respect to the Services, including any:

a)     implied warranties of merchantability;

b)     implied warranties of fitness or suitability for any purpose;

c)     warranties of non-infringement or condition of title; and

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

You agree to defend, indemnify and hold Prezzee, its parents, subsidiaries, affiliates, officers, agents, employees, consultants, resellers or other partners, service providers and licensors (“Indemnified Parties”) harmless from and against any actual or threatened third party claim, demand, loss, liability, proceeding, legal action, payments, deficiencies, fines, judgments, settlements or any liability incurred or suffered or damages, including reasonable legal costs, by any of the Indemnified Parties arising directly or indirectly from or related to:

a)     your data, or the use thereof, including but not limited to, allegations that any processing of your data by Prezzee and/or you under these Terms violates any applicable law or regulation, or infringes the privacy or intellectual property rights of a third party;

b)     your User Content;

c)     your use or any unauthorised use of the Services;

d)     your breach of these Terms; or

e)     your violation of any applicable law.

Prezzee and its affiliates will cooperate as fully as reasonably required in the defence of any claim, at your expense. We reserve the right, at your expense, to retain separate counsel for ourselves in connection with any claim or, if you have not responded reasonably to the applicable claim, to assume the exclusive defence and control of any claim in which you are a named party and that is otherwise subject to indemnification under this clause 26. You will pay all costs, reasonable attorneys’ fees and any settlement amounts or damages awarded against us in connection with any claim. You will also be liable to us for any costs and attorneys’ fees we incur to establish or enforce our right to indemnification under this clause 26.

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 Services 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 Services, Prezzee’s total liability will not exceed fifty dollars ($50.00 AUD).

Prezzee is based in Australia and our Services are subject to Australian legislation. We make no warranties that the Services are 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 Services. 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 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 Services.

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 reserves the right to change, suspend, remove, discontinue or disable access to the Services 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 Services.

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.

34.1.       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 its content. You also acknowledge that your use of Prezzee’s App is 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.

34.2.       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 its content. You also acknowledge that your use of Prezzee’s App is 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

Prezzee grants you a non-exclusive, non-transferrable, limited licence 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.

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.

37.1.       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.

37.2.       You also acknowledge and agree that, to the extent that there are any applicable warranties or other claims, losses or damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of Prezzee. You 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.

38.1.       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:

a)     product liability claims;

b)     any claim that the applications fail to conform to any applicable legal or regulatory requirement; and

c)     claims arising under consumer protection or similar legislation.

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.

40.1.       You represent and warrant that:

a)      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

b)      you are not listed on any Australian Government list of prohibited or restricted parties.

41.1.   The open loop Digital Mastercard is an electronic payment card that can be used to make purchases at any Retailer where the card is accepted.

41.2.   If you are in Australia and buying a Digital Mastercard there are certain restrictions you must comply with relating to:

a)     anti-money laundering and counter-terrorism financing laws (the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 in Australia); and

b)     ensuring that you and your use of the Digial Mastercard is in line with certain environmental, social and governance frameworks.

41.3.   When you buy a Digital Mastercard in Australia, you confirm that you and/or your business:

a)     are registered with the Australian Securities & Investments Commission (ASIC) if you are a company;

b)     do not operate as a remittance provider, a money transfer business or otherwise accept instructions from customers to transfer money or property to a recipient;

c)     do not operate as a digital currency exchange provider, or a digital currency related business, or otherwise exchange money for digital currency;

d)     are not identified as a specially designated person, or otherwise blocked pursuant to the various global sanctions programs;

e).    are not a sanctioned entity or an entity which is located in, or under the control of, a national or resident of any country which Australia has embargoed;

f).     are not a government entity outside of Australia or a foreign company that is not registered with ASIC; or

g).    do not have beneficial owners domiciled outside of Australia.

41.4.   When you buy a Digital Mastercard in Australia, you confirm that you, your corporate partners and their customers, are not directly involved in:

a)     the violation of human rights standards;

b)     the contribution to negative social or health outcomes (including gambling, payday lenders and crypto currency);

c)     the manufacture or distribution of military weapons;

d)     modern slavery;

e)     the growing or production of tobacco;

f)      the production or distribution of pornography, or activities related to the sex industry;

g)     the exacerbation of the impact of climate change; orthe exacerbation of the impact of climate change; or

h)     the cruel treatment of animals, including live animal exports, animal testing for cosmetic purposes, or production of controversial animal products.

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:

Prezzee Pty Ltd

Attn: Help Centre 

Level 3, 9 Castlereagh Street,

Sydney, NSW, 2000, Australia

Website: www.prezzee.com.au

Get in touch here

Phone: (02) 9093 2777

LAST UPDATED: 14 October 2024