Prezzee eGift Card Terms of Service
Last updated: October 2023
Please read the following Terms of Service carefully
PREZZEE LIMITED (NZBN 9429049008357) (‘Prezzee’ or ‘we’ or ‘us’ or ‘our’) is a service which enables access to our websites, mobile applications (‘App’) and other products and services where a user can buy, send, redeem, manage and store digital Gift Cards, codes and/or vouchers (collectively, ‘Gift Cards’) and receive other services from Prezzee as described here (collectively the ‘Services’).
“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 TRADEMARK 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.
You may use the Services by creating a Prezzee account or by using the Services via our guest checkout function (‘Guest Checkout’) pursuant to these Terms.
By creating a Prezzee account, or by using Guest Checkout, you acknowledge that you must live in New Zealand and have read, understood, and agree to be bound by the Terms. Users of the Services must be 13 years of age or older. If you are under the age of 13, then you are not permitted to register for an account with Prezzee and may not use the Guest Checkout. Persons between the ages of 13 and 18 may only use the Services with the supervision of a parent or legal guardian who registers for an account for the Services or uses the Guest Checkout, and thus agree to be bound by these Terms.
If you do not agree to the Terms or are under the age of 13, do not (and not are not entitled to) 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 New Zealand 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 retailer’s (‘Retailer’) terms and conditions for the use of Gift Cards outside of New Zealand.
We reserve the right to modify these Terms at our sole discretion at any time. If any modifications are made, we will provide notice of such changes through the Services, email or by updating these Terms (as indicated by the “Last Updated” date found at the top of the terms) on the Prezzee website. By agreeing to this you consent to receive notifications through these means and your continued use of the Services will indicate your acceptance of the revised Terms. If you do not agree to any amended Terms, you must stop using the Services.
Your Prezzee Account
In order to use the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered, and in doing so you agree:
- to submit your own valid e-mail address and mobile phone number;
- to create a valid password;
- that all information which you submit to us will be true and accurate, and not misleading, deceiving or fraudulent;
- to keep confidential and secure, all aspects and information of your account including your password;
- that you are responsible for any and all uses of your account, whether or not you have authorised such use;
- to keep confidential and secure all aspects of other users’ account information that you may have access to;
- that you will not use the Services for any unlawful or otherwise prohibited activity;
- 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
- to notify Prezzee if you discover or suspect that your account has been subject to illegal, hacking or unauthorised use, by contacting us here.
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). By creating an account and signing into the Services, you acknowledge that, if you submit any misleading, inaccurate or false personal information to Prezzee, Prezzee reserves the right to de-activate your account and ban you from using the Services in the future.
We encourage all users to have a passcode lock on their mobile devices. Gift Cards should be treated like cash and adding a passcode to your mobile device will ensure they are protected if you should lose your mobile device. Do not share your passcode with anyone. If you lose your mobile device please contact us here as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card unfortunately we are unable to assist you.
You acknowledge and understand that:
Our Terms of Sale (available at http://www.prezzee.co.nz/policies/terms-of-sale/) apply when you purchase products (such as Gift Cards) from Prezzee through the Services (‘Terms of Sale’). These Terms of Sale 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 from us through the Services.
Additional terms may also be added to the Services from time to time. The Services should be reviewed each time a purchase is made.
Prezzee Service Description
Prezzee is a re-seller of digital Gift Cards. We do not re-sell plastic or physical Gift Cards.
Buying Gift Cards
Each time you buy a Gift Card for yourself, it will be stored in your digital wallet. You will be able to view and manage all Gift Cards purchased in your Gift Card “history” function. You may purchase up to four (4) Gift Cards in each transaction, up to a maximum value of $2,001 per day.
Sending Gift Cards
Gift Cards can be delivered to the recipient on a date (and time, where sent by the App) defined by you. Prezzee will endeavour to deliver the Gift Card on the date (and time, if applicable) defined by you. Prezzee cannot guarantee the delivery of the Gift Card to the intended recipient at the time and on the date defined by you.
Short message service (SMS) delivery
Gift Cards can be delivered to the recipient’s mobile phone. To view the Gift Card, the recipient must have an internet-enabled handset. The deliverability of the SMS is dependent on several factors such as traffic feasibility on the mobile network and whether the recipient’s mobile phone is within reach, switched on; and cannot therefore be guaranteed by Prezzee. Prezzee is not a mobile network operator and does not guarantee the delivery of SMS text messages. The sender is responsible for entering the correct phone number of the recipient, Prezzee is not liable for Gifts Card lost when the gift message is sent to an incorrect or unintended mobile phone number.
Recommended Retailer eGift Cards
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 expires on the date displayed (or after the timeframe displayed) on the product purchase page and in the Prezzee wallet. After the date or timeframe identified as the expiry date displayed on the product purchase page or in the Prezzee wallet has lapsed, the Recommended Retailer eGift Card will expire.
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 will have a new expiry 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.
Prezzee Smart eGift Card
The Prezzee Smart eGift Card allows the recipient to swap Retailer Gift Cards of their choice to the equal value of the Prezzee Smart eGift Card (available on the Services). The Prezzee Smart eGift Card is valid for 24 months so you should make sure you exchange to the Gift Card of your choice before the end of the 24-month period. By swapping the Prezzee Smart eGift Card for Retailer Gift Cards, you agree to the Gift Card Terms and Conditions set by the Retailers. Please check Retailers Terms and Conditions before you perform the swap. Once a Prezzee Smart eGift Card has been swapped or partially swapped, it cannot be returned back to a Prezzee Smart eGift Card. References to "Smart eGift Card" are also taken to refer to the "Prezzee Swap Card" as the names are used interchangeably.
Your digital Prezzee wallet
Each account automatically creates a digital wallet. This is where all your Gift Cards are stored and where you can check balances of, manage and redeem your Gift Cards and view Retailer terms and conditions. Notwithstanding anything stated to the contrary, the balances of the Gift Cards may only be accessible or viewed if and when the Retailer makes this available to Prezzee. Prezzee does not warrant the accuracy of the balance of the Gift Cards in your wallet.
Redemption of Gift Cards
Redeeming in a physical store:
Please check each Retailer’s respective terms and conditions before you purchase a Gift Card.
When you have redeemed your Gift Card, or the balance is very low, you have the option to delete this card. If you accidentally delete your Gift Card, please contact us here.
Refer a friend
From time-to-time Prezzee offers users the opportunity to receive a free Gift Card. Users are able to invite friends via their email either on the Prezzee website or in the App. Users are not permitted to send invitations to themselves, either via the same Prezzee account or by setting up new Prezzee accounts. Prezzee will only honour legitimate invitations to friends. Prezzee will determine (at its sole discretion) which users are deemed to be sending invitations to themselves or are otherwise seeking to misrepresent or defraud Prezzee.
Links to Third-party Sites and Services
Intellectual Property and Limited Licence
Unless otherwise indicated, the Services and all content and other materials connected with the Services are the proprietary property of Prezzee or our licensors or users, and are protected by New Zealand intellectual property legislation and the common law (including, but not limited to, laws governing patents, copyrights, designs, trade marks and trade secrets).
Prezzee grants to you a personal, royalty-free, non-transferable, non-sublicensable, revocable, non-exclusive, limited, New Zealand-wide licence to access and use the Services and any content made available by Prezzee to you through the Services (‘Prezzee Content’) only for the purpose of purchasing, sending or managing Gift Cards or receiving other Services under these Terms. The foregoing licence is subject to these Terms and you are not permitted to:
Certain images, illustrations or designs from the complimentary “Greeting Cards“ (accessible on the Services) are the intellectual property of third-party stock agencies. We do not own or claim to own the intellectual property for these images, illustrations or designs. These have been licenced to Prezzee for the sole purpose of using them in relation to 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.
Any use of the Services (or the Prezzee Content) in a manner other than what is specifically referred to in these Terms is prohibited and any licence granted by Prezzee to you will be terminated. Unauthorised use may also breach intellectual property laws and rights. The licence to the Prezzee Content (set out in this section) is revocable by us, at any time, for any reason, without notice to you.
By using the Services, you consent to Prezzee:
“Prezzee” is Prezzee’s trademark and has been registered in multiple countries around the world by Prezze’s parent company, PREZZEE PTY LIMITED (ACN 602 963 422) (‘Parent Company’). “Prezzee”, the Prezzee logo and any other Prezzee product or service names (including the Services) are Prezzee’s (or its Parent Company’s) intellectual property and may not be copied, imitated or used, whether in whole or in part, without the prior written consent of Prezzee. All other trademarks and names mentioned in the Services have been licenced to Prezzee, are the property of their respective third-party owners and cannot be used without the permission of those owners.
Prezzee may terminate, in appropriate circumstances (at Prezzee’s sole discretion), users who are deemed to be repeat infringers of other users’ intellectual property rights. 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 Services infringe upon any intellectual property rights, which you own or control, a notification may be filed by contacting us here. 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 reliance on your misrepresentation, in removing or disabling access to the material or activity claimed to be infringing.
The user is solely responsible for all content and material (including words, images, illustrations, videos, sounds, music, notes, messages, or other material) 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.
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, User Content, which falls under any of the below categories.
If there is content that is objectionable for any of the above or below reasons or otherwise, please let us know by contacting us here . We will review your concerns, but we have the right (in our sole discretion) to make the final judgment on whether the Terms have been violated and to determine what, if any, action should be taken.
While Prezzee does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Prezzee reserves the right to remove, screen or edit any such User Content posted, stored or uploaded onto the Services at any time for any reason without notice. You are solely responsible for backing up the User Content and replacing any such content you post, store or upload onto the Services at your own costs and expense. We take no responsibility or liability for any User Content or the deletion (or removal) of any such content.
Other than for “Feedback” provided with respect to the Services (as defined below), you retain ownership of any User Content you post, store or upload onto the Services. You grant Prezzee and our affiliates the right to use, reproduce, modify, adapt, publish, translate, distribute and display such content (on an irrevocable and perpetual basis) throughout the world, in any manner or media, on or off the Services.
You represent and warrant that you will not use, reproduce, modify, post or upload onto the Services:
You otherwise represent and warrant that:
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.
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 (and will not permit anyone using your account) to conduct any of the following in connection with the Services:
Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Prezzee. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Services. Your use of the Services is at your own risk.
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.
We welcome your feedback. Feedback submitted through the Services (or otherwise) is non-confidential and becomes the sole property of Prezzee on and from submission to us. We own the intellectual property rights in and to such feedback, and we 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 Services please contact us here so we can review the problem. We will take all measures to rectify the issue as soon as possible. Prezzee will review your complaint and will notify you in the event that we shall require additional information or documents. You agree to fully cooperate (in a timely manner) with all requests that we may make in the resolution process.
Please comply with the following terms and conditions in the event you have a dispute regarding the purchase of any product you have made through our Services:
Prezzee is a marketplace that provides users access to Gift Cards offered by Retailers. As an intermediary, we are not responsible for the creation or redemption of Gift Cards provided by Retailers, nor can we be held responsible for transactions on third party websites. Use of third-party logos and trademarks in no way constitutes an affiliation between Prezzee and that third party.
You expressly acknowledge and agree that:
Prezzee disclaims any and all warranties and representations (express or implied, oral or written) with respect to the Services, including any:
In your use of the Services, you agree, at your own expense, to defend, indemnify and hold us, our officers, directors, employees, subsidiaries and Parent Company, and our partners, agents, affiliates, subcontractors, licensors, service providers and consultants, from and against any actual or threatened legal action, proceedings, claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses caused by, arising out of, or in connection with, your use of the Services, your violation of these Terms or the posting, uploading or transmission of any User Content through the Services.
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 business, loss of business opportunity, 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 (NZD$50.00).
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:
We make no warranties that the Services are appropriate or available for use in other locations. Should you choose to access or use the Services from locations outside New Zealand, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations or other applicable terms or policies of Prezzee as made available from time to time. The laws of New Zealand govern your use of the Services at all times.
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 your access to the Services at any time, for any reason and without notice to you. In no event will Prezzee be held liable for the removal 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 Prezzee App.
Should any provision of these Terms be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Enforcement of the Terms is solely at our discretion and Prezzee’s failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.
Prezzee can assign these Terms and its rights or delegate its obligations without your consent. All provisions contained in these Terms shall extend to and be binding upon you and Prezzee’s successors and assignees. You may not assign these Terms to another person or entity.
iOS Mobile 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.
“Apple”, “Apple Pay”, “Touch ID”, the Apple logo, and “iPhone” and other trademarks registered in the U.S. and other countries, are the property of Apple Inc. (‘Apple’). You acknowledge that the provisions above are solely between you and Prezzee, and not with Apple. Prezzee, not Apple, is solely responsible for Prezzee’s App and the content contained within that App. 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 (or any other terms of Prezzee), the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.
“Android”, the Android logo, “Google Play”, and other trademarks registered in the U.S. and other countries, are the property of Google LLC (‘Google’). You acknowledge that the provisions above are solely between you and Prezzee, and not with Google. Prezzee, not Google, is solely responsible for Prezzee’s App and the content contained within that App. 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 (or any other terms of Prezzee), the terms and conditions of the Usage Rules for the Play Store Terms of Service will have precedence.
Scope of Licence
Prezzee grants to you a personal, royalty-fee, non-sublicensable, non-exclusive, non-transferrable, revocable, limited, New Zealand-wide 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 Store and/or Android Play Store Terms of Service.
Maintenance and Support
You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and/or support services with respect to Prezzee’s App.
You acknowledge and agree that Apple and/or Google (as applicable) is not responsible for any product warranties, whether express or implied by law, with respect to Prezzee’s App. In the case of failure of Prezzee’s App to conform to any applicable warranty, you may notify Apple and/or Google (as applicable), and Apple and/or Google (as applicable) will refund the purchase price, if any, paid by you to Apple and/or Google (as applicable) for the Prezzee App, and to the maximum extent permitted by applicable law. Apple and/or Google (as applicable) will have no other warranty obligation whatsoever with respect to these applications. You also acknowledge and agree that, to the extent that there are any applicable warranties or other claims, losses, damages attributable to any failure to conform to any such applicable warranty; such will be the sole responsibility of Prezzee. You understand and agree that, in accordance with these Terms, Prezzee has disclaimed all warranties of any kind with respect to Prezzee’s App, and therefore there are no warranties applicable to such applications.
You acknowledge and agree that, as between Apple or Android and Prezzee, Prezzee, and not Apple or Android, is responsible for addressing any of your claims or third-party claims relating to Prezzee’s App or your possession and/or use of such applications, including but not limited to (i) product liability claims; (ii) any claim that the applications fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
Intellectual Property Rights
You acknowledge and agree that, in the event of any third-party claim that Prezzee’s App (or your possession and use of it) infringe that third-party’s intellectual property rights, Prezzee, and not Apple or Android, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
You represent and warrant that: (i) you are not located in a country that is subject to any New Zealand Government embargo, or that has been designated by the New Zealand Government as a “terrorist supporting” country; and (ii) you are not listed on any New Zealand Government list of prohibited or restricted parties.
You acknowledge and agree that Apple and Android and their subsidiaries are third-party beneficiaries under these provisions and that upon your acceptance of the Terms, Apple and/or Android will have the right (and will be deemed to have accepted the right) to enforce these provisions against you as a third-party beneficiary thereof.
Should you have any questions or concerns regarding these Terms, our Services, or require assistance please contact us here or phone 0800 627 040.