1. General

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").

[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.]

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.

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

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

By creating a Prezzee account, or by using Guest Checkout, you acknowledge that you 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.

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.

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.

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.

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.

2. Your Prezzee Account

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:

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

2.2 to create a unique and strong password;

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

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

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

2.6 to keep confidential and secure all aspects of other users' account information that you may have access to;

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

2.8 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

2.9 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.

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).

3. Security

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.

Prezzee is a secure site and mobile application.

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

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.

4. Privacy Policy

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

5. Additional Terms

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.

Additional terms may also be added to the Services from time to time. The Services should be reviewed each time a purchase is made.

6. Prezzee Service Description

Prezzee is a:

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

6.2 web application which allows you to design and send eGreetings.

The Prezzee App and Site are a free service to use.

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

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.

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.

Features include (but are not limited to):

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

6.2 designing, customising and sending eGreetings.

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),

6.1 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

6.2 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.

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.

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.

7. Buying Gift Cards

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.

8. Sending Gift Cards

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

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.

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.

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.

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.

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.

9. 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.

10. Short Message Service (SMS) delivery of Gift Cards

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

The deliverability of the SMS is dependent on several factors 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.

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. Recommended Retailer eGift Cards

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).

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).

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.

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.

12. Multi-Retailer eGift Cards

A Multi-Retailer eGift Card allows the recipient to choose from a selection of Retailer Gift Cards that the Multi-Retailer eGift Card is valid for and that are available on the Service at that time ("Multi-Retailer eGift Card"). Each Multi-Retailer eGift Card displays on the product purchase page a list of the Retailer Gift Cards available for selection. The recipient can choose to have a Gift Card issued by any of the listed Retailers (if available on the Service at that time).

Multi-Retailer eGift Cards include a notice that says "more choice, more joy! Your giftee will be able to choose where to spend their gift" or similar. Multi-Retailer eGift Cards are issued by Prezzee at the time of purchase (and not by the any of the Retailers that are recommended to the recipient).

For users in Australia, New Zealand or the United Kingdom, the Multi-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 Multi-Retailer eGift Card will expire and will no longer be valid.

For users in Canada or the United States, the Multi-Retailer eGift Card does not expire, and during this period it can be exchanged by the recipient for a Gift Card issued by any of the displayed Retailers (if available on the Service at that time).

13. Prezzee Wallet

The Prezzee Wallet allows registered account users to manage and store all purchased and received Gift Cards in one location, subject to the exclusions set out below.

Received Gift Cards that are not sent through Prezzee are not stored in the Prezzee Wallet. Received Gift Cards that are sent through Prezzee (Prezzee Gift Cards) will be stored in the Prezzee Wallet until the Gift Card is redeemed or until the Gift Card expires. However:

13.1 for customers in Australia, New Zealand or the United Kingdom and pursuant to a Retailer's specific terms and conditions, a Gift Card may not be able to be placed in the Prezzee Wallet and may expire between one (1) and (12) months after purchase; and

13.2 for customers in Canada or the United States and pursuant to the Retailer's specific terms and conditions, a Gift Card will not expire but may not be able to be placed in the Prezzee Wallet (for example, where it is a Recommended Retailer eGift Card or Multi-Retailer eGift Card).

Access the Prezzee Wallet to view the specific terms and conditions of an individual Retailer to determine if a Gift Card expires and when it expires.

14. Redeeming Gift Cards

Gift Cards may be redeemed or used by the recipient at the relevant Retailer specified on the relevant Gift Card, in accordance with the Retailer's own terms and conditions.

Gift Cards purchased and received must be redeemed within the expiry date or timeframe set out on the Gift Card or in these Terms or pursuant to a Retailer's own terms and conditions, failing which the Gift Card may expire and will no longer be valid (noting that for customers in Canada or the United States pursuant to clause 13.2, Recommended Retailer eGift Cards and Multi-Retailer eGift Cards do not expire).

Retailers are not affiliated with or sponsored by Prezzee. A Retailer may accept or decline a Gift Card at its discretion. We recommend you check the Retailer's terms and conditions in relation to the Gift Card to confirm that the Gift Card will be accepted by that Retailer. Please also read all terms and conditions associated with a Gift Card prior to use.

Some Retailers' terms and conditions may prohibit the purchase of another Gift Card with a Gift Card. Prezzee is not the issuer of the Gift Card and is not responsible for any Retailer's acceptance or non-acceptance of a Gift Card, its applicable terms and conditions or the goods and services which may be purchased with a Gift Card.

The redemption of a Gift Card is subject to the terms and conditions of the individual Retailer. Prezzee does not accept responsibility for, or provide any warranty with respect to, the goods and services that are acquired with a Gift Card.

Prezzee is not liable for any fraudulent redemption, unauthorised use of a Gift Card or a failure by a Retailer to honour a Gift Card, or for any failure of delivery (including failure of a Gift Card to be delivered on time or as scheduled) or loss of a Gift Card for any reason.

You will not receive a refund or replacement if your Gift Card is fraudulently redeemed prior to use, used without permission, is lost or stolen or damaged. However, you may contact us using the details set out at clause 44 and we will review your request for refund or replacement.

15. Expiry Dates or Timeframes

Gift Cards may expire, subject to the expiry date or timeframe set out:

15.1 by a Retailer as set out in the terms and conditions for that Retailer's Gift Card; or

15.2 by Prezzee (in respect of the Recommended Retailer eGift Cards and Multi-Retailer eGift Cards) as set out on the product purchase page and in the Prezzee Wallet.

For customers in Canada or the United States, pursuant to clause 13.2 and despite what is set out at clause 15, Recommended Retailer eGift Cards and Multi-Retailer eGift Cards do not expire.

Otherwise, once this expiry date or timeframe has lapsed, the Gift Card will expire and will no longer be valid and no longer be redeemable as per these Terms or the Retailer's terms and conditions (as applicable).

You should check the expiry date or timeframe prior to the purchase of a Gift Card, which is available on the product purchase page and in the Prezzee Wallet. Please check the Retailer's website for the Retailer's terms and conditions for the relevant Gift Card where it is not set out on the product purchase page or in the Prezzee Wallet.

If the recipient of the Gift Card fails to redeem the Gift Card prior to the expiry date or timeframe, no refund or replacement will be provided to the purchaser or recipient. Once a Gift Card has expired, the value on that Gift Card is forfeited, and the purchaser or recipient is not entitled to request or receive a refund of the Gift Card value.

Prezzee is not liable for expired Gift Cards and does not accept responsibility to contact the purchaser or recipient regarding an upcoming expiry date or timeframe.

Notwithstanding the above, if a Gift Card expires while a recipient is a resident of Connecticut, Prezzee will honour that Gift Card if presented for redemption by the recipient.

16. Refunds and Exchanges

The purchase of a Gift Card is final, and refunds will not be given under any circumstances except:

16.1 as required by applicable law; or

16.2 at the sole and absolute discretion of Prezzee and/or the Retailer (as applicable).

Except for the rights provided by a statutory or mandated consumer law, a Gift Card may not be redeemed, exchanged or used for cash, and no change will be given, including on any remaining balance in the Gift Card, except where required by applicable law.

Refunds and exchanges for specific Retailer Gift Cards may be subject to the Retailer's terms and conditions. Please check the specific Retailer's terms and conditions which are available on the relevant Retailer's website.

17. Lost or Stolen Gift Cards

You are responsible for keeping your Gift Card and all of its information secure and protected. If you lose your Gift Card or if your Gift Card is stolen, contact us using the details set out at clause 44 immediately. We will review your request; however, you will not receive a refund or replacement if your Gift Card is fraudulently redeemed prior to use, used without permission, lost, stolen or damaged.

18. Insufficient funds

If you attempt to redeem your Gift Card which has insufficient funds to pay for the goods or services you are acquiring, the Retailer may permit you to pay the difference, subject to the Retailer's terms and conditions.

19. Balance Enquiries

You can check your Gift Card balance by visiting the relevant Retailer's website or by visiting the Prezzee Wallet.

20. Intellectual Property

All content included in the Services, including but not limited to graphics, logos, designs, button icons, images, text or scripts, data, software, other files, and the selection and arrangement of the foregoing (collectively, the "Prezzee Content"), is the property of Prezzee, its affiliates, licensors, suppliers or a third party. The Prezzee Content is protected by Australian and international copyright laws. You agree not to use the Prezzee Content other than as permitted by these Terms. All trademarks, service marks and trade names are proprietary to Prezzee.

The Gift Cards purchased and received through the Services are protected by the Retailer's rights. The use and redemption of a Gift Card are subject to the Retailer's terms and conditions. Contact a Retailer directly to gain a comprehensive understanding of a Retailer's terms and conditions, and how those terms and conditions may affect your use of a Gift Card.

Prezzee grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to use the Services and Prezzee Content for your own personal, non-commercial use pursuant to these Terms. Prezzee grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable license to download the App onto your mobile device and access and use the App for your own personal, non-commercial use pursuant to these Terms. You may not directly or indirectly, in whole or in part, copy, translate, modify, reproduce, repackage, resell, rent, lease, transfer, distribute, retransmit, publicly perform, publicly display, broadcast, make derivative works from, or create compilations incorporating the Services or the Prezzee Content, or in any way exploit the Services or the Prezzee Content, except as permitted by these Terms. You agree not to remove, conceal or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Prezzee Content. All rights not expressly granted to you in these Terms are reserved and retained by Prezzee or our licensors, suppliers, publishers, rights holders or other content providers. Prezzee reserves the right to immediately suspend and/or de-activate your account and ban you from using the Services in the future if these Terms are breached.

21. Prohibited Conduct

In using the Services, you will not post, store or upload ("Post") any content that:

21.1 is defamatory, obscene, pornographic, paedophilic, invasive of another person's privacy or breaches another person's privacy;

21.2 harms minors in any manner;

21.3 may threaten, abuse or harass another person, impersonate another person or be otherwise objectionable as determined by Prezzee in its sole discretion;

21.4 may violate any patent, copyright, trademark, trade secret or other proprietary or intellectual property right of any party (including any applicable third party);

21.5 may violate any law;

21.6 may encourage or promote any criminal activity or enterprise or provide instructional information about illegal activities; and/or

21.7 you do not have a right to make available under any law or under contractual or fiduciary relationships (such as confidential information).

We reserve the right to remove any such content should it be Posted by you or anyone using your account.

22. User Content

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

22.1 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;

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

22.3 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.

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.

23. User Conduct

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:

23.1 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;

23.2 use the Services in a manner that could bring Prezzee (or anything connected with Prezzee's business) into disrepute;

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

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

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

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

23.7 use or attempt to use another user's account without their authorisation;

23.8 modify, adapt, hack or emulate the Services;

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

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

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

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

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.

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.

By using the Services, you consent to Prezzee:

23.1 collecting and using technical information about the hardware and peripherals (that are internet-based or wireless) which you use to access the Services; and

23.2 monitoring your conduct while using the Services, and collecting information associated with your conduct, to improve our products and Services.

24. 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.

25. Disputes

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.

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.

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:

25.1 you must notify Prezzee of your dispute or complaint using the details set out at clause 44;

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

25.3 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.

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.

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

26. Disclaimers

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.

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:

26.1 implied warranties of merchantability;

26.2 implied warranties of fitness or suitability for any purpose; and

26.3 warranties of non-infringement or condition of title.

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.

27. Indemnification

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:

27.1 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;

27.2 your User Content;

27.3 your use or any unauthorised use of the Services;

27.4 your breach of these Terms; or

27.5 your violation of any applicable law.

Notwithstanding this indemnity, you will not be required to indemnify any Indemnified Party under clause 27.1 for Loss where the Loss was caused by our fraud, negligence or wilful misconduct.

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 27. 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 27.

28. Limitation of Liability

In no event will Prezzee be liable to you or any third party for any incidental, special, indirect, consequential, exemplary or punitive damages whatsoever including, but not limited to, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses arising out of, or related to, the 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).

Clause 28.1 above does not apply to users in Quebec, Canada.

29. Applicable Law

Prezzee's Services in:

29.1 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;

29.2 the United States, are provided by Prezzee Inc (EIN 38-4130536), and the provision of such Services are governed by the laws of Arizona;

29.3 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;

29.4 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;

29.5 New Zealand, are provided by Prezzee Limited (CN 8160617) and the provision of such Services are governed by the laws of New Zealand; or

29.6 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").

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.

30. Termination of Service

Your account with Prezzee and any access to the products and Services is and shall remain at the sole and absolute discretion of Prezzee. Prezzee 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.

31. 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.

32. Waiver

The failure of Prezzee to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision and the other provisions of these Terms shall remain in full force and effect.

33. Headings

The headings used in these Terms are only for convenience and are not to be considered when interpreting these Terms.

34. Successors and Assigns

The Terms and the rights and duties herein may not be assigned, in whole or in part, by you without the prior written consent of Prezzee. Prezzee may, in its absolute discretion, assign the Terms or any rights and duties herein to any third party without notice. Subject to the foregoing, the Terms will be binding on and inure to the benefit of each party's respective successors and assigns.

35. Entire Agreement

These Terms and our Privacy Policy and Terms of Sale constitute the entire agreement between you and Prezzee with respect to the Services and supersede all prior agreements between you and Prezzee regarding the subject matter contained in these Terms.

36. Survival

Any provision of these Terms which expressly or by implication is intended to come into or continue in force on or after termination of the Terms will survive and remain in full force and effect.

37. Consumer Guarantees

The Australian Consumer Law, New Zealand Consumer Guarantees Act 1993 and in Canada, the consumer protection legislation that applies in the province or territory in which you reside and similar laws worldwide ("Consumer Guarantees Law") contain guarantees that protect consumers.

Nothing in these Terms is intended to limit or exclude any Consumer Guarantees Law. Notwithstanding the above and to the extent permitted by applicable law, in these Terms Prezzee aims to limit its liability to the greatest extent as permitted by law, having regard to the Services offered by Prezzee.

Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled: to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.

New Zealand Consumer Guarantees: Our goods and services come with guarantees under the Consumer Guarantees Act 1993 that cannot be excluded. If you acquire goods or services from us for business purposes under the Consumer Guarantees Act 1993, you agree that the provisions of the Consumer Guarantees Act 1993 will not apply.

38. Privacy, Cookies and Advertising

We respect your privacy and are committed to protecting the personal information you provide to us. Prezzee may use "cookies" or similar technology to store small amounts of data on your device when you visit or use the Services.

We may use information about you to show advertisements that may be more relevant to you. For information on how Prezzee collects, stores, uses and discloses your personal information, and your rights in relation to that information, please refer to our Privacy Policy.

39. Additional Digital Mastercard Terms (Australia only)

In Australia, Prezzee provides the ability for you to purchase a Digital Mastercard powered by ePay which is a prepaid card issued by EML Payment Solutions Limited (ABN 30 131 436 532 AFSL 404131) pursuant to license by Mastercard Asia/Pacific Pte. Ltd. Additional terms and conditions apply to Digital Mastercards and you should ensure that you read all terms and conditions associated with a Digital Mastercard prior to purchase and/or use.

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

39.1 the violation of human rights standards;

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

39.3 the manufacture or distribution of military weapons;

39.4 modern slavery;

39.5 the growing or production of tobacco;

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

39.7 the exacerbation of the impact of climate change; or the exacerbation of the impact of climate change; or

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

40. 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.

41. Events outside our control

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").

If an Event Outside Our Control takes place that affects the performance of our obligations under these Terms:

41.1 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

41.2 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.

42. Promotions

Periodically, Prezzee may offer promotional Gift Cards or run marketing campaigns, promotions, competitions or special offers ("Promotions"). Promotions will be subject to the terms and conditions specific to the respective Promotion in addition to these Terms. Where there is an inconsistency between these Terms and any specific terms and conditions for a Promotion, the terms and conditions for the Promotion shall prevail to the extent of the inconsistency.

43. Contact – United States only

Under California law, California residents with whom Prezzee has an established business relationship have the right to request certain information regarding disclosure of personal information to third parties for direct marketing purposes. To make this type of request, please contact us using the details in clause 44.

44. 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