1. General
   
   1. Welcome to Prezzee. Prezzee Pty Limited, Prezzee Limited, Prezzee Inc, Prezzee UK Limited, Prezzee Canada Corporation and any other trading entities that operate Prezzee’s business ("Prezzee", "we", "us", "our") is a service which enables access to our websites (“Site”), 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”).
   2. FOR NEW ZEALAND USERS, “PREZZEE” IS A TRADE MARK OF US AND OUR PARENT COMPANY, PREZZEE PTY LIMITED (ACN 602 963 422), A COMPANY INCORPORATED IN AUSTRALIA, AND WE ARE NOT ASSOCIATED IN ANY WAY WITH “PREZZYⓇ”, “PREZZYⓇ CARD” OR EPAY NEW ZEALAND LIMITED (NZBN 9429036203420) AND PREZZYⓇ IS A REGISTERED TRADE MARK OF EPAY NEW ZEALAND LIMITED.
   3. 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.
   4. The Terms, including our Privacy Policy and Terms of Sale are a contract between you ("you", "your") and Prezzee.
   5. You may use the Services by creating a Prezzee account or via our guest checkout function (“Guest Checkout”) pursuant to these Terms.
   6. By creating a Prezzee account, or by using Guest Checkout, you acknowledge that you have read, understood, and agree to be bound by these Terms. Each time you access the Prezzee App, Site, or you otherwise use the Services, you will be deemed to confirm your agreement to the then current version of these Terms. Be sure to return to this site periodically to ensure you are familiar with the most current version of 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 (or in the case of Canada, persons between the ages of 13 and the legal age of majority in the Canadian province or territory in which you reside) 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.
   7. 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 the country in which you purchased the Gift Cards 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.
   8. We reserve the right to modify these Terms at our sole discretion at any time, except for changes in Ontario or Quebec where any changes will only be made in accordance with clause 1.9 below. 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 Site. 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.

1. For Ontario and Quebec consumers and individuals recognised as consumers by Quebec courts only. Notwithstanding the foregoing and any other provision in these Terms that refers to our right to change or amend the Terms, if you are a consumer that is located in the province of Ontario or Quebec, we reserve the right to amend these Terms with respect to any provisions that apply to the services offered, any related fees or charges, the App, Site, gift cards available, our responsibilities or obligations under these Terms, your responsibilities under these Terms, any disclaimers, limitation of availability and indemnification (collectively, "Changes") every six (6) months. If we make changes to these Terms, in addition to posting the revised Terms on the site, we will also provide you at least thirty (30) days’ advance notice of such amendments in accordance with applicable law ("Notice"). Upon receiving the Notice, if you do not agree with the amendments, you must stop using the services and you may refuse the amendments and terminate your relationship with us and the related contracts by sending us a notice to that effect within the time specified in the notice (and, if you are a consumer or individual recognised as a consumer by Quebec courts and you reside in Quebec, the notice can be sent within thirty (30) days after the effective date of the change if the change entails an increase in your obligation or a reduction of our obligations). If you do not notify us within the required time, the Changes will take effect, as indicated in the notice.  In that case, you will be deemed to agree to the Changes which will become part of these Terms and enforceable against you. If you terminate your relationship with us, we will no longer provide services to you, but you will continue to be liable for any amounts owing to us and all provisions that by their nature are intended to survive termination of the Terms will continue to apply.
2. For users in Canada, you agree to receive, in electronic form, a copy of these Terms, any required disclosures and all other notices, information or communications we may be required to send to you from time to time under any applicable law. You agree to keep a copy of any electronic communications, including a copy of these Terms, for your records and future reference. Any notices or other communications will be deemed to be delivered when emailed to your designated email address, as provided or updated by you from time to time.

1. Your Prezzee Account
   
   1. In order to use the Services, you will need to register an account or you may use the Guest Checkout. Only registered account users will have access to the digital wallet feature set out at clause 13 (“Prezzee Wallet”). Where an account is created, only one email can be registered and only one account can be registered per person, and in doing so you agree:
      1. to submit your own valid e-mail address and phone number;
      2. to create a unique and strong password;
      3. that all information that you submit is true, accurate and not misleading;
      4. to keep all information regarding your account confidential and secure, including your password;
      5. you are responsible for any and all uses of your account, whether or not you have authorised such use;
      6. to 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. 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
      9. to immediately notify Prezzee if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use by contacting us using the details set out at clause 44.
   2. 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 we reasonably believe that your account is used or intended to be used for fraudulent or illegal purposes.

While Prezzee is not obliged to confirm or check the accuracy, legitimacy or efficacy of any information provided by you to Prezzee, you must promptly provide to Prezzee (upon its request) any information that Prezzee requires to confirm that the information you submit to Prezzee is true and accurate (and not misleading, deceiving or fraudulent).

1. Security
   
   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 using the details set out at clause 44 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.
   2. Prezzee is a secure site and mobile application.
   3. Prezzee uses a third-party PCI compliant payment processor, we do not hold any financial information.
   4. Retailers Gift Cards are linked to the Retailers’ POS systems and subject to those Retailers’ own specific terms and conditions, in addition to these Terms. Once the amount is redeemed you cannot use that Gift Card again.
2. Privacy Policy

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

1. Additional Terms
   
   1. In addition to these Terms, 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 Terms of Sale.
   2. Additional terms may also be added to the Services from time to time. The Services should be reviewed each time a purchase is made.
2. Prezzee Service Description
   
   1. Prezzee is a:
      1. re-seller of digital Gift Cards. We do not re-sell plastic or physical Gift Cards; and
      2. web application which allows you to design and send eGreetings.
   2. The Prezzee App and Site are a free service to use.
   3. To use this service, you need to create an account with Prezzee or you may use the Guest Checkout.
   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.
   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. Features include (but are not limited to):
      1. buying, sending, redeeming and receiving Gift Cards using your mobile device, managing and storing Gift Cards, and receiving offers from time to time; and
      2. designing, customising and sending eGreetings.
   7. You may pay for a Gift Card by using the payment methods available - this may include credit cards (a “Card”) or other payment options (such as buy now pay later),
      1. where you pay by Card, Prezzee processes payment transactions on your behalf each time a payment is made. We use a third-party PCI compliant payment processor; or
      2. where you pay using another payment method, the payment method provider will process the payment transaction,

in each case, we do not hold any financial information or credit card details.

1. Prezzee provides users with a platform to purchase digital Gift Cards, which may be subject to other terms and conditions of Retailers which are the issuers of the Gift Cards.
2. From time to time, it may be necessary to interrupt the Services in order to upgrade or maintain those Services. Should Prezzee need to interrupt the availability of the Services, we will use reasonable endeavours to minimise interruption to the Services.

1. Buying Gift Cards
   
   1. Each time you buy a Gift Card for yourself, it will be stored in your Prezzee Wallet. You will be able to view and manage all Gift Cards purchased in your card history.
2. Sending Gift Cards
   
   1. The Services enable you to gift or send purchased Gift Cards to others.
   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.
   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.
   4. If you inadvertently send the Gift Card to an incorrect email address, please contact us using the details set out at clause 44 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.
   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.
   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.
3. Scheduled Delivery of Gift Cards

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.

1. Short Message Service (SMS) delivery of Gift Cards
   
   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.
   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.
   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.
2. Recommended Retailer eGift Cards
   
   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 (if available on the Services at that time).
   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).

1. For users in Australia, New Zealand or the United Kingdom, 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.
2. For users in Canada or the United States, the Recommended Retailer eGift Card does not expire, and during this period it can be exchanged by the recipient for a Gift Card issued by the displayed Retailer (if available on the Service at that time) or for Gift Cards of another participating Retailer available on the Service of equal value.
3. To convert your Recommended Retailer eGift Card into a Gift Card issued by the displayed Retailer (“Retailer Gift Card”), 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.
4. 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.
5. The Prezzee Smart eGift Card is valid for the period specified at clause 12.3, depending on the country in which it is issued. Thereafter, the Prezzee Smart eGift Card will expire and will no longer be able to be swapped and will not be valid.
6. By swapping the Prezzee Smart eGift Card for Retailer Gift Cards, you agree to the Gift Card terms and conditions set by the Retailers, in addition to these Terms. Please check the terms and conditions of your chosen Retailer before you perform the swap.
7. Once a Prezzee Smart eGift Card has been swapped or partially swapped, it cannot be returned back to a Prezzee Smart eGift Card.
8. References to "Smart eGift Card" are also taken to refer to the "Prezzee Swap Card" as the names are used interchangeably. 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.
9. 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.

1. Prezzee Smart eGift Cards
   
   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”). By swapping the Prezzee Smart eGift Card for Retailer Gift Cards, the recipient agrees to the terms and conditions set by the Retailers in addition to these Terms. Please check Retailers terms and conditions before you perform the swap. Once a Prezzee Smart eGift Card has been swapped or partially swapped for a Retailer Gift Card, it cannot be returned back to a Prezzee Smart eGift Card.
   2. The issuer of record is the retailer for the Gift Card(s) you select to redeem your Prezzee Smart eGift Card for or that you buy directly. Prezzee is only the issuer of the Prezzee Smart eGift Card.

1. The Prezzee Smart eGift Cards are valid for, when issued in:
   1. Australia - 3 years;
   2. New Zealand - 2 years;
   3. United States – an unlimited period;
   4. Canada – an unlimited period;
   5. United Kingdom - 24 months; or
   6. Ireland - 5 years,

or such other period prescribed by law in the relevant jurisdiction from time to time, and thereafter, the Prezzee Smart eGift Card will automatically expire and will no longer be able to be swapped and will not be valid.

1. Your Digital Wallet
   
   1. Each account automatically creates a digital wallet unless you access our Services using Guest Checkout. 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. In order to redeem Retailer Gift Cards, you will need to check the Retailers’ own terms and conditions. Some Retailers do not have online redemption options, and their terms and conditions can change. Prezzee has no obligation or responsibility to keep Retailer’s own terms and conditions up to date.
   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.
   3. Prezzee does not warrant the accuracy of the balance and expiry dates of, or any other information relating to, the Gift Cards in your Prezzee Wallet.
2. Redemption of Gift Cards
   
   1. Redeeming in a physical store:
      1. To redeem a Gift Card from your Prezzee 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.
      2. Tips for scanning Gift Cards: tilt your mobile device so the Gift Card is enlarged in the horizontal format.
      3. If optical scanners are not available, the cashier may be required to manually enter the Gift Card code number at checkout.
      4. 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.
   2. Redeeming online:
      1. In your Prezzee 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.
      2. Please note, not all Retailers Gift Cards are available for use online.
   3. Please check each Retailer’s terms and conditions before you purchase a Gift Card.
3. Archiving or Deleting Gift Cards
   
   1. For users in Australia or New Zealand, 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 using the details set out at clause 44.
   2. For users in the United States, United Kingdom or Canada, when you have redeemed your Gift Card, or the balance is very low, you have the option to archive the Gift Card in your Prezzee Wallet. If you accidentally archive your eGift Card, please contact us using the details set out at clause 44.
4. Refer a Friend

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 Site 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. Such promotions are subject to change or be discontinued without notice and in our sole discretion.

1. Links to Third Party Websites and Services
   
   1. The Site, App or otherwise may include links to other third-party websites that are not owned or controlled by Prezzee. 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 Site or App or otherwise.
   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.
   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.
2. Intellectual Property and Limited Licence
   
   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 the applicable intellectual property legislation and the common law.
   2. Prezzee grants you a limited, personal, royalty-free, revokable, non-transferrable, non-sublicensable, 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:
      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. directly or indirectly copy, challenge, invalidate, infringe, or otherwise negatively affect Prezzee, including without limitation, its intellectual property, Services, App, Prezzee content or the Site;
      4. modify, alter or otherwise make any derivative uses of the Services or the Prezzee Content, or any portion thereof;
      5. remove, alter or obscure any copyright, trademark or other proprietary rights notice included in the Services or Prezzee Content;
      6. use any data mining, robots or similar data gathering or extraction methods;
      7. collect or harvest any information or data from the Services or the Prezzee Content, or attempt to decipher any transmissions to (or from) our servers;
      8. download (other than page caching) any portion of the Services or the Prezzee Content, except as expressly permitted via the Services; and
      9. use the Services or the Prezzee Content other than for their intended purposes or contrary to law.
   3. Some images, illustrations or 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 images, illustrations or designs. These have been licenced to Prezzee for the sole use of our Services and are not to be reproduced in any way (or used in any manner) other than for the purposes of your use of the Services. Any other “Greeting Cards” are the sole intellectual property of Prezzee.
   4. Any use of the Services or the Prezzee Content other than what is specifically referred to in these Terms is prohibited and any licence granted will be terminated.
   5. Unauthorised use may also breach intellectual property laws and intellectual property rights. The licence is revocable at any time.
3. Trade Marks
   
   1. “Prezzee” is a registered trade mark. “Prezzee”, the logo and any other Prezzee product or service names and any word, sound, visual feature (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.
   2. All other trade marks and names mentioned in the Services are the property of their respective owners and cannot be used without the permission of the relevant holder.
4. Repeat Infringer Policy & Copyright Complaints
   
   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.
   2. If you believe that the Services infringe upon any intellectual property, which you own or control, please contact us using the details set out at clause 44.

1. 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.

1. User Content
   
   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.
   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:
      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 User Content;
      3. 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;
      4. posting any unsolicited or unauthorised advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;
      5. submitting any User Content that is alleged to infringe any patent, trademark, trade secret, copyright, or other proprietary right or intellectual property;
      6. posting User Content originally posted by another user without permission or attribution;
      7. content designed to deceive or trick the user of the Services;
      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 Services; or
      11. if we, in our judgment and at our sole discretion, deem it appropriate.
   3. If there is content that is objectionable for any of the above reasons or otherwise, please let us know by contacting us using the details set out at clause 44. 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.
   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.
   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:
      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 Services;
      2. the User Content posted, stored or uploaded onto the Services is accurate and not misleading; and
      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.
   6. You acknowledge and understand that any User Content will be treated as non-confidential, and Prezzee and its affiliates may access and use the User Content, at any time, for any reason, without your knowledge.
2. User Conduct
   
   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:
      1. 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;
      2. use the Services in a manner that could bring Prezzee (or anything connected with Prezzee’s business) into disrepute;
      3. flag content or report abuse for improper purposes or without good reason;
      4. use the Services for any illegal, fraudulent or unauthorised purpose or engage, encourage or promote any illegal activity;
      5. imply that you have any connection with us or that we have endorsed you or any products/services for any purpose;
      6. create an account, post or upload any content if the person is not over 13 years of age;
      7. use or attempt to use another user’s account without their authorisation;
      8. modify, adapt, hack or emulate the Services;
      9. use any interface not provided by us to access the Services or to extract data;
      10. develop any third-party applications that interact with User Content or the Services without our prior consent;
      11. avoid or attempt to avoid any filtering, security measures or other features designed to protect the Services or third-parties; and
      12. infringe upon/violate the rights of Prezzee, our users or any third-party.
   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.
   3. You acknowledge and agree that the Services are provided to you for domestic and private use, and you agree not to use the Services for any commercial, business or resale purposes.
   4. By using the Services, you consent to Prezzee:
      1. collecting and using technical information about the hardware and peripherals (that are internet-based or wireless) which you use to access the Services; and
      2. monitoring your conduct while using the Services, and collecting information associated with your conduct, to improve our products and Services.
3. Feedback

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. For the avoidance of doubt, you hereby assign, and agree to assign, all rights, including without limitation intellectual property rights, in any feedback or other materials that you submit to Prezzee, and you waive and agree to waive any moral and other non-assignable rights that you may have therein.

1. Disputes
   
   1. For any technical issues with our Services, please contact us using the details set out at clause 44. 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.
   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.
   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:
      1. you must notify Prezzee of your dispute or complaint using the details set out at clause 44;
      2. Prezzee reserves all rights to conclude and offer, if warranted and applicable and in its sole discretion, a reasonable remedy for your complaint; and
      3. in the event your complaint violates the Terms of Sale, these Terms, Privacy Policy, promotional terms and conditions, any other policy not herein, or any and all applicable state, provincial, territorial and/or 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.
   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.
   5. Prezzee reserves the right to cancel any order at any time and for any reason, at our sole discretion.
2. Disclaimers
   
   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.
   2. You expressly acknowledge and agree that your use of the Services and Prezzee Content is at your own risk, and Prezzee assumes no duty of care to you or any other party who relies on anything provided for by us through the Services. 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:
      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.
   3. 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, and it is your responsibility to ensure that the processes, functions and capabilities of the Services are suitable for your needs.
3. Indemnification
   
   1. You agree to, at your own expense, 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 (together, “Loss”), by any of the Indemnified Parties arising directly or indirectly from or related to:
      1. in respect of data which you provide to us - handling (including use of) the data, 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;
      2. your User Content;
      3. your use or any unauthorised use of the Services;
      4. your breach of these Terms; or
      5. your violation of any applicable law.
   2. Notwithstanding this indemnity, you will not be required to indemnify any Indemnified Party under clause 26.1 for Loss where the Loss was caused by our fraud, negligence or wilful misconduct.
   3. 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.
4. Limitation of Liability
   
   1. 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 ($US50.00).
   2. Clause 27.1 above does not apply to users in Quebec, Canada.
5. Applicable Law
   
   1. Prezzee’s Services in:
      1. Australia, are provided by Prezzee Pty Limited (ACN 602 963 422) and the provision of such Services are governed by the laws of New South Wales;
      2. the United States, are provided by Prezzee Inc (EIN 38-4130536), and the provision of such Services are governed by the laws of Arizona;
      3. the United Kingdom, are provided by Prezzee UK Limited (CN 12851966) and the provision of such Services are governed by the laws of the England and Wales;
      4. the Republic of Ireland, are provided by Prezzee UK Limited (CN 12851966) and the provision of such Services are governed by the laws of the Republic of Ireland;
      5. New Zealand, are provided by Prezzee Limited (CN 8160617) and the provision of such Services are governed by the laws of New Zealand; or
      6. Canada, are provided by Prezzee Canada Corporation (BN 733174551) and the provision of such Services are governed by the laws of the province or territory in which you reside and the federal laws of Canada applicable therein, without regard to any principals of conflicts of laws that would require or permit the application of the laws of any other jurisdiction, except with respect to Quebec where the laws of the province of Quebec and the federal laws of Canada will apply,

(respectively, “Applicable Jurisdiction”).

1. 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 of the above jurisdictions, 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. You agree that any legal action arising out of, or relating to, the Services or the Terms in one of the above countries will be filed only in the courts located in the Applicable Jurisdiction, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Services.

1. Termination of Service
   
   1. 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. For the avoidance of doubt, upon the removal or disabling of access to the Services, any licences previously granted by Prezzee to you shall be automatically and immediately revoked, and you shall immediately cease using any intellectual property or other property relating to Prezzee or the Services, including, but not limited to, the Prezzee Content and App.
2. 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.

1. 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.

1. 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.

1. 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 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.

1. Acknowledgements
   
   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 these Terms, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.
   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 these Terms, the terms and conditions of the Usage Rules for the Play Store Terms of Service will have precedence.
2. Scope of License

Prezzee grants you a personal, royalty-fee, non-sublicensable, non-exclusive, non-transferrable, revocable, 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.

1. 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.

1. Warranty
   
   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.
   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.
   3. You expressly acknowledge and agree that Prezzee relies on all warranties and undertakings provided by you under these Terms.
2. Product Claims

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:

1. product liability claims;
2. any claim that the applications fail to conform to any applicable legal or regulatory requirement; and
3. claims arising under consumer protection or similar legislation.

1. 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.

1. Legal Compliance

You represent and warrant that:

1. you are not located in a country that is subject to an embargo by the country in which you access or use the Services, or that has been designated by that government as a “terrorist supporting” country; and
2. you are not listed on any government list of prohibited or restricted parties in the country in which you access or use the Services.

1. Digital Mastercard
   
   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.
   2. For users in Australia, if you are buying a Digital Mastercard there are certain restrictions you must comply with relating to:
      1. anti-money laundering and counter-terrorism financing laws (the Anti-Money Laundering and Counter-Terrorism Financing Act 2006 in Australia); and
      2. ensuring that you and your use of the Digital Mastercard is in line with certain environmental, social and governance frameworks.
   3. When you buy a Digital Mastercard in Australia, you confirm that you and/or your business:
      1. are registered with the Australian Securities & Investments Commission (ASIC) if you are a company;
      2. 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;
      3. do not operate as a digital currency exchange provider, or a digital currency related business, or otherwise exchange money for digital currency;
      4. are not identified as a specially designated person, or otherwise blocked pursuant to the various global sanctions programs;
      5. 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;
      6. are not a government entity outside of Australia or a foreign company that is not registered with ASIC; or
      7. do not have beneficial owners domiciled outside of Australia.
   4. When you buy a Digital Mastercard in Australia, you confirm that you, your corporate partners and their customers, are not directly involved in:
      1. the violation of human rights standards;
      2. the contribution to negative social or health outcomes (including gambling, payday lenders and crypto currency);
      3. the manufacture or distribution of military weapons;
      4. modern slavery;
      5. the growing or production of tobacco;
      6. the production or distribution of pornography, or activities related to the sex industry;
      7. the exacerbation of the impact of climate change; or the exacerbation of the impact of climate change; or
      8. the cruel treatment of animals, including live animal exports, animal testing for cosmetic purposes, or production of controversial animal products.
2. Third-Party Beneficiary

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.

1. Events outside our control
   
   1. Prezzee will not be liable or responsible for any delay in (or failure to) comply with these Terms if such delay or failure is caused by circumstances beyond our reasonable control, including (without limitation), government restrictions, virus, pandemic, fire, flood, act of God, strikes, lock outs, stoppage of work, trade disputes, any act of war or terrorism, or the failure of public or private telecommunications networks (“Event Outside Our Control”).
   2. If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:
      1. our obligations under these Terms will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control; and
      2. we will either, use our reasonable endeavours to find a solution by which our obligations under these Terms may be performed despite the Event Outside Our Control, or terminate these Terms without notice to you.
2. Contact Us

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

Language

These Terms are available in both French and English language versions. The French version can be accessed by clicking here. You hereby confirm that you have requested that these Terms and all related documents be drafted in English, that you have been provided with a French language version of these Terms and that you have agreed to be bound by the English language version of these Terms.  

Les présentes modalités sont disponibles en français et en anglais. La version française est accessible en cliquant ici. Vous confirmez par la présente que vous avez demandé que les présentes modalités et tous les documents y étant afférents soient rédigés en anglais, que vous avez reçu une version française des présentes modalités et que vous avez accepté d'être lié par la version anglaise des présentes modalités.

LAST UPDATED: 3 November 2025

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