Prezzee eGift Card Terms of Service

Welcome to Prezzee. Prezzee ("Prezzee", "we", "us", "our") is a service that enables access to our mobile application (“Prezzee App”) and our website (“Prezzee Site”) where a user can buy, send, redeem, manage and store eGift Cards and Prezzee Smart eGift Cards and to receive other services or offers from time to time as determined solely by Prezzee. (collectively the “Services”).

Please read this document carefully because these Terms of Service (describe the legally binding agreement between you and Prezzee on which we offer you access to our Services, including the services provided by our independent third party payment processor/s.

These Terms of Service, include by reference our Privacy Policy and Terms of Sale (collectively “Terms of Service”) and are a binding contract between you ("you", "your") and Prezzee. By creating a Prezzee account or accessing the Prezzee App or Prezzee Site, you must live in the United States and have read, understood, and agree to be bound by the Terms of Service. Users of the Service must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with Prezzee or use our Services. Persons between the ages of 13 and 18 may only use the Service with the supervision of a parent or legal guardian who registers for an account with Prezzee and thus agree to be bound by these Terms of Service.

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

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

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

We encourage all users to have a passcode lock on their mobile devices. eGift Cards have value and you should safeguard and protect your eGift Card. Adding a passcode to your mobile device will help protect your eGift Card if you should lose your mobile device. Do not share your passcode with anyone. If you lose your mobile device please contact us at USAhelp@prezzee.com as soon as possible so we can attempt to put a hold on your account. If someone has already spent your eGift Card, or used the same without your authorization, unfortunately we are unable to assist you because eGift Cards which are lost, stolen or used without authorization will not be replaced.

Prezzee is a secure site and a secure mobile application.

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

When you redeem your Prezzee Smart eGift Card for one or more Retailers eGift Cards, those Retailer eGift Cards are linked to their POS systems and subject to those Retailers own specific terms and conditions, in addition to the Prezzee Terms of Service.

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

Our Terms of Service applies when you purchase eGift Cards from Prezzee or purchase a Prezzee Smart eGift Card. These are subject to change at any time at our sole discretion, and so the Terms of Service should be reviewed each time a purchase is made.

Prezzee is a re-seller of digital eGift Cards. We do not re-sell plastic gift cards.

The Prezzee App and Prezzee Site is a free service to use to make your purchases.

To use this Service you need to create an account with Prezzee or checkout as a guest.

To buy an eGift Card you will need to use a valid VISA, MasterCard or American Express.

Access to your Prezzee account is provided with your email and Touch ID or passcode depending on your specific device.

Services include buying, sending, redeeming, managing and storing eGift Cards, and receiving offers from time to time

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

Prezzee provides users with a marketplace o purchase digital Retailer eGift Cards, which are subject to their own terms and conditions.

The issuer of record is the Retailer for the eGift 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.

Each time you buy an eGift Card for yourself, it will be stored in your Prezzee Wallet if you have an account rather than checking out as a guest. You will be able to see all eGift Cards purchased in your Card History. You may purchase up to four (4) Gift Cards in each transaction, up to a maximum value of $1,001 per day.

Each time you send an eGift Card, via Prezzee to a recipient you will be notified when the recipient has opened the eGift card. Once the eGift Card has been sent by Prezzee we no longer accept responsibility for the eGift Card.

If the recipient has not received an email notifying them of their eGift Card, ask your friend to check their junk mail.

In the event the email you have chosen is incorrect please contact USAhelp@prezzee.com so we can review your request and re-direct to the correct email. If by accident you have selected the wrong email and the eGift Card has already been redeemed we are unable to assist with this request.

The purchaser has the option to send gift email via Short Message Service (SMS). Prezzee will endeavour to send the SMS in the same time frame a gift email is sent.

The purchaser has the ability to personalize the eGift Card with their own chosen image. Images submitted for use must comply with our "User Content" as set out in our Terms of Service. Prezzee reserves the rights to replace the image set by the purchaser with an alternative image.

eGift Cards can be delivered to the recipient on a date (and a time if using the Prezzee App) selected by the purchaser. Prezzee will endeavour to deliver the eGift Card on the date (and time if applicable) selected by the purchaser. Prezzee will not guarantee the time of delivery or the delivery of eGift Card on the date selected by the purchaser.

eGift Cards can be delivered to the recipient’s mobile phone. To view the eGift Card, the recipient must have an internet enabled mobile phone. The deliverability of the SMS text message is dependent on several factors such as traffic feasibility on the mobile network and whether the applicant's mobile phone is within reach and switched on; and cannot therefore be guaranteed by Prezzee. Prezzee is not a mobile network operator and does not guarantee the delivery of SMS text messages. The purchaser is responsible for entering the correct phone number of the recipient, Prezzee is not responsible for eGifts Cards that are lost, stolen or used without authorization, or when the SMS text gift message is sent to the incorrect or unintended mobile phone number.

A Recommended Retailer eGift Card allows the purchaser to recommend a particular Retailer eGift Card to their recipient, and the recipient the opportunity to either have the Recommended Retailer eGift Card issued to them (if available on the Service at that time) or swap it for a different Retailer eGift Card of their choice of equal value (available on the Service at that time). 

If a Gift Card is Recommended Retailer eGift Card, it will display the brand of the recommended Retailer and the product purchase page will 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). 

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 another participating Retailer Gift Card available on the Service of equal value.      

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

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

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

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

The Prezzee Smart eGift Card allows the recipient to swap for other Retailer eGift Cards of their choice to the equal value of the Prezzee Smart eGift Card (available on the Prezzee Service). By swapping the Prezzee Smart eGift Card for Retailer eGift Cards, the user agrees to the terms and conditions set by the Retailers in addition to these Terms of Service. 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 eGift Card, it cannot be returned back to a Prezzee Smart eGift Card.

Each account automatically creates a digital Prezzee Wallet unless you check out as a guest. This is where all your eGift Cards are stored and where you can check balances of eGift Cards, view Retailer terms and conditions and Redeem your Prezzee Smart eGift Cards or eGift Cards. In order to redeem Retailer eGift 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.

Redeeming in a physical store:

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

Tips for scanning cards: Tilt your mobile device so the eGift Cardis enlarged in the horizontal format.

If optical scanners are not present the cashier may be required to manually enter the code number at checkout.

The option to print out your eGift Cardis also available. Simply take a printout to the Retailer and present at the time of purchase.

Redeeming online:

In your Prezzee Wallet, tap the eGift Card. The eGift Card will reverse showing the barcode, pin number (if applicable) and code. Tap the “copy” button to save your code to the clipboard. At checkout, simply paste this code into the designated code area on that Retailers website.

Please note: not all Retailers eGift Cards are available for purchasing their respective goods online.

Please check each Retailers terms and conditions before you purchase an eGift Card.

When you have redeemed your eGift Card or the balance is very low you have the option to archive this card in your Prezzee Wallet. If you accidentally archive your eGift Card please contact us at USAhelp@prezzee.com.

From time to time, Prezzee offers purchasers who have created a Prezzee account online (“Account Users”) the opportunity to receive a free promotional eGift Card. Users are able to invite friends via their email either on the Prezzee Site or in the Prezzee App. Users are not permitted to send invitations to themselves, via the same Prezzee account or by setting up new Prezzee accounts. Prezzee will only honor legitimate invitations to friends. At Prezzee’s sole discretion - Prezzee will determine if users are eligible for a free eGift Card. Promotions are subject to change or be discontinued without notice and in our sole discretion.

The Prezzee Site may include links to other third-party websites that are not owned or controlled by Prezzee. Please be aware that we are not responsible for the privacy or other practices or terms of such third-party websites. You are solely responsible for reading and understanding the policies and terms of use or service of any other website that you visit.

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 on the Service. Prezzee does not endorse, control, or makes warranties or representations of any kind in relation to third-party services or materials. All users are deemed to accept and understand that access to any third party website (including social media) 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 of materials, nor the loss, damage or harm that may be incurred as a result of your use of such services. Your access to these services is not governed by Prezzee’s Terms of Service. 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 and not Prezzee.

Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Prezzee or our licensors.

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

Sell, rent, lease, lend, redistribute, sublicense or make commercial use of the Services or the Prezzee Content;

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

Modify, alter or otherwise make any derivative uses of the Service or the Prezzee Content, or any portion thereof;

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

Use any data mining, robots or similar data gathering or extraction methods;

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

Use the Services or the Prezzee Content other than for their intended purposes.

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

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

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

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

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

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

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;

Language or User conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation;

Posting any unsolicited or unauthorized advertising, “spam,” or junk mail, including “chain messages” and “pyramid schemes”;

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

Posting User Content originally posted by another User without permission or attribution;

Content designed to deceive or trick the user of the Service;

Material that impersonates any person/entity or otherwise misrepresents your affiliation with a person/entity;

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

Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service; or

Any content that Prezzee determines, in our sole judgment and discretion, to be inappropriate.

If you find content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to USAhelp@prezzee.com. We will review your concerns, but we have the right in our sole discretion to make the final judgment on whether any Terms of Service has been violated and to determine what, if any, action should be taken, including deactivating an account or cancelling unused eGift Cards.

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

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

You own and control all of the rights to the content that you post, store or upload on the Service or that you have the right to make available such content via the Service;

The content posted, stored or uploaded onto the Service is accurate and not misleading;

Prezzee’s use of the User Content you supply does not violate these Terms and will not violate any rights of, or cause injury to, any person or entity.

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

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

Flag content or report abuse for improper purposes or without good reason;

Use the Service for any illegal or unauthorized purpose or engage, encourage or promote any illegal activity;

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

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

Use or attempt to use another user’s account without their authorisation or Prezzee;

Modify, adapt, hack or emulate the Services;

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

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

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

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.

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

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

Please refer to the following Terms of Service in the event you have a dispute regarding the purchase of any product you have made through the use of our Services:

Notify Prezzee via email at USAhelp@prezzee.com about the complaint you may have.

Prezzee reserves all rights to conclude an offer, and if warranted and applicable, a reasonable remedy for your complaint in our sole discretion. In the event your complaint violates the any of our Terms of Service for our website, or any other policy not herein, or any and all applicable state and federal laws, we will dismiss your complaint and may take actions to procure a judgment against you.

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 for any reason, per our discretion.

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

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

Implied warranties of merchantability;

Implied warranties of fitness or suitability for any purpose; and

Warranties of non-infringement or condition of title.

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

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

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

Prezzee was founded in Australia and the USA division is operated by Prezzee Inc, a Delaware corporation. Our Service in the United States is subject to the laws of Delaware. We make no representations or warranties that the Service is appropriate or available for use in other locations. Should you choose to access or use the Service from locations outside the United States, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the state of Delaware and the United States of America govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms of Service will be filed only in the State courts of Delaware, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.

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

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

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

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

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

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 the Prezzee App and the content contained. You also acknowledge that your use of the Prezzee App m are subject to any additional restrictions set out in the Usage Rules for the Apple App Store Terms of Service as at the date you download the Prezzee App. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the Prezzee Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.

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

You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Prezzee App.

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

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

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

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

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

Should you have any questions or concerns regarding these Terms of Service, our Services or require assistance please contact us at USAhelp@prezzee.com or phone +1 (855) 929 3700.