Prezzee eGift Card Terms of Service

Prezzee UK eGift Cards Terms of Service

Last updated: October 2020

Prezzee Terms of Service

 

1.     General

 

1.1.   Welcome to Prezzee. Prezzee Pty Ltd ("Prezzee", "we", "us", "our") is a service which enables access to our websites, mobile applications (“App”) and other products and services where a user can create and send customised digital greeting cards (eGreetings) and buy, send, redeem, manage and store digital gift cards, codes and/or vouchers (collectively, “Gift Cards”) and receive other services from Prezzee as described here (collectively the “Services”).

 

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

 

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

 

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

 

1.5.   By creating a Prezzee account, you must live in the United Kingdom and have read, understood, and agree to be bound by the Terms. 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. 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.b>

 

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

 

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

 

2.     Your Prezzee Account

 

2.1.   In order to use the Services, you will need to register an account or you may use the Guest Checkout. Where an account is created, only one account can be registered and in doing so you agree to:

 

a)     submit your own valid e-mail address;

 

b)     create a password;

 

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

 

d)     keep confidential and secure, all aspects and information of your account including your password;

 

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

 

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

 

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

 

h)     maintain and promptly update your account information to keep it accurate, current and complete at all times or as soon as reasonably practicable following any changes; and

 

i)       notify Prezzee if you discover or suspect that your account has been subject to

 

j)       illegal, hacking or unauthorised use by emailing us at help@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.

 

3.     Security

 

3.1.   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 at help@prezzee.com as soon as possible so we can put a hold on your account. If someone has already spent your Gift Card, code and/or voucher unfortunately we are unable to assist you.

 

3.2.   Prezzee is a secure site and mobile application.

 

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

 

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

 

4.     Privacy Policy

 

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

 

5.     Additional Terms

 

Our Terms of Sale applies 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.

 

6.     Prezzee Service Description

 

6.1.   Prezzee is a re-seller of digital Gift Cards. We do not re-sell plastic Gift Cards.

 

6.2.   The Prezzee mobile application and website is a free service to use.

 

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

 

6.4.   To buy a Gift Card, code and/or voucher you will need to use a valid VISA, MasterCard or American Express.

 

6.5.   Access to Prezzee is provided with your email, Touch ID, Face ID or passcode depending on your device.

 

6.6.   Features include (but are not limited to) buying, sending, redeeming Gift Cards, using your mobile device, manage and store your Gift Cards and receive offers from time to time.

 

6.7.   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.

 

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

 

6.9.   The issuer of the Gift Card is the Retailer for the applicable Gift Card.

 

7.     Buying Gift Cards

 

7.1    Each time you buy a Gift Card for yourself, it will be stored in your digital wallet. You will be able to see all Gift Cards purchased in your Card History.

7.2    You may purchase up to four (4) Gift Cards in each transaction, up to a maximum value of £2,001 per day.

8.     Sending Gift Cards

 

8.1.   Each time you send a Gift Card, via Prezzee to a friend you will be notified when your friend has opened the card. Once the Gift Card has been received Prezzee no longer accepts responsibility of this Gift Card, code and/or voucher.

 

8.2.   If your friend has not received their email notifying them of their Gift Card, code and/or voucher, ask your friend to check their junk mail.

 

8.3.   In the event the email you have chosen is incorrect please contact help@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 Gift Card has already been redeemed we are unable to assist with this request.

 

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

 

8.5.   The sender has the ability to personalise the Gift Card, code and/or voucher with their own chosen image. Based on "User Content" as set out in our Terms of Service, Prezzee reserves the rights to replace the image set by the sender with an alternative image. 

 

9.  Scheduled Delivery

 

Gift Cards can be delivered to the recipient on a date (and a time if using the App) defined by the customer. Prezzee will endeavour to deliver the Gift Card on the date (and time if applicable) defined by the user. Prezzee cannot guarantee the time of delivery or the delivery of Gift Card on the date defined by the user. 

 

10.  Short Message Service (SMS) delivery

 

Gift Cards can be delivered to the recipient’s mobile phone. To view the Gift Card, the recipient much have an internet enabled handset. The deliverability the SMS 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 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 the incorrect or unintended mobile phone number.

 

11.  Prezzee Smart eGift Card

 

The Prezzee Smart eGift Card allows the recipient to swap for Retailer Gift Cards of their choice to the equal value of the Prezzee Smart eGift Card (available on the Prezzee service). The Prezzee Smart eGift Card is valid for five years so please make sure you exchange to the Retailer Gift Card of your choice before the end of the five year period. By swapping the Prezzee Smart eGift Card for Retailer Gift Cards, the user agrees 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.

 

12.  Your Digital Wallet

 

Each account automatically creates a digital wallet. This is where all your Gift Cards are stored and where you can check balances of Gift Cards, view Retailer terms and conditions and Redeem your Gift Cards.

 

13.  Redemption of Gift Cards

 

13.1.    Redeeming in a physical store:

 

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

 

b)     Tips for scanning cards: Tilt your mobile device so the Gift Card, code and/or voucher is enlarged in the horizontal format.

 

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

 

d)     The option to print out your Gift Card is also possible. Simply take a print-out to the Retailer physical store and present at the time of purchase.

 

13.2.    Redeeming online:

 

a)     In your digital wallet, tap the Gift Card. The Gift Card will reverse showing the barcode, pin number (if applicable) and code. Tap the “copy” button to save your the code to the clipboard. At checkout, simply paste this code into the designated code area on that Retailers website. Please note: not all Retailers Gift Cards are available for purchasing their respective goods online.

 

b)     Please note that not all Retailers’ Gift Cards are available for purchasing their respective goods online.

 

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

 

14.  Archive Card

 

When you have redeemed your Gift Card or the balance is very low you have the option to Archive this card. If you accidentally archive your Gift Card please contact us at help@prezzee.com.

 

15.  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. At Prezzee’s sole discretion - Prezzee will determine users who are deemed to be sending invitations to themselves.

 

16.  Links to Third Party Websites and Services

 

Any 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 of such 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. This does not indicate that Prezzee endorses or controls, 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 and policies. Please review the applicable terms and policies, including privacy and data-gathering practices. The terms and policies for third-party services are solely between you and the service provider and not Prezzee.

  

17.  Intellectual Property and Limited Licence

 

17.1.    Unless otherwise indicated, the Services and all content and other materials are the proprietary property of Prezzee or our licensors or users and are protected by United Kingdom intellectual property legislation.

 

17.2.    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 Gift Cards or receiving other services under these Terms. The license is subject to these terms and you are not permitted to:

 

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

17.3.    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.

 

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

 

18.  Trademarks

 

18.1.    “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.

 

18.2.    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.

 

19.  Repeat Infringer Policy & Copyright Complaints

 

19.1.    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.

 

19.2.    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 help]@prezzee.com.

 

19.3.    If you knowingly misrepresent in your contact with us that the material or activity is infringing, you will be liable for any damages, costs or legal fees incurred by us or the alleged infringer as the result of our relying upon the misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

 

20.  User Content

 

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

 

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

 

a)     Unlawful, harassing, obscene, pornographic, sexually explicit or indecent, vulgar, suggestive, violent, threatening, hateful, offensive, discriminatory, bigoted, abusive, inflammatory, invasive of privacy or publicity rights, fraudulent, deceptive or otherwise objectionable;

 

b)     Any sexually explicit User Content;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

20.3.     If there is content that is objectionable for any of the above reasons or otherwise, please let us know by sending us an email to help@prezzee.com. 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.

 

20.4.     While Prezzee does not control and is under no obligation to screen, edit or monitor any User Content that is posted, stored or uploaded onto the Services, Prezzee reserves the right to remove, screen or edit any content posted, stored or uploaded onto the 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.

 

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

 

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

 

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

 

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

 

21.  User Conduct

 

21.1.   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:

 

a)     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;

 

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

 

c)     Use the Service for any illegal or unauthorised purpose or engage, encourage or promote any illegal activity;

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

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

 

21.2.   Should your account be disabled, you or anyone acting under your discretion are strictly prohibited from creating another account with Prezzee. We take no responsibility or liability for any user conduct, mistakes, defamation or omissions that you may encounter during your use of the Service. Your use is at your own risk.

 

22.  Feedback

 

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.

 

23.  Disputes

 

23.1.   For any technical issues with our Service, please contact help@prezzee.com.  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.

 

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

 

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

 

a)     You must notify Prezzee of your dispute or complaint in writing via email to help@prezzee.com;

 

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

 

c)     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.

 

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

 

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

 

24.  Disclaimers

 

25.1.   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 a third party.

 

25.2.   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:

 

a)     Implied warranties of merchantability;

 

b)     Implied warranties of fitness or suitability for any purpose; and

 

c)     Warranties of non-infringement or condition of title.

 

d)     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.

 

25.  Indemnification

 

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 or any content you post, upload or transmit through the Service.

 

26.  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 Service and content contained, including but not limited to the Gift Cards, gift promotions, 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 Service, Prezzee’s total liability will not exceed fifty British Pounds (£50.00).

 

27.  Applicable Law

 

Prezzee was founded in Australia and the UK division is operated by Prezzee UK Limited. Our Service in the United Kingdom is subject to the laws of the United Kingdom. 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 Kingdom, you do so at your own risk and are responsible for compliance with all applicable laws, rules and regulations. The laws of the United Kingdom govern your use of the Service. You agree that any legal action arising out of or relating to the Services or the Terms will be filed only in the courts of the United Kingdom, and you irrevocably and unconditionally consent and submit to the exclusive jurisdiction of these courts regarding any legal proceeding arising out of the Service.

 

28.  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 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.

 

29.  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.

 

30.  Waiver

 

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

 

31.  Assignment

 

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

 

32.  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 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.

 

33.  Acknowledgements

 

33.1.       Apple, the Apple logo, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. Apple Pay and Touch ID are trademarks of Apple Inc. You acknowledge that the provisions above are solely between you and Prezzee, and not with Apple, Inc. Prezzee, not Apple, is solely responsible for Prezzee’s App and the content contained. You also acknowledge that your use of Prezzee’s App 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 Prezzee’s App. In the case of any conflict between the terms and conditions of the Usage Rules for the Apple App Store Terms of Service and the Prezzee Terms of Service, the terms and conditions of the Usage Rules for the Apple App Store Terms of Service will have precedence.

 

34.  Scope of License

 

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.

 

35.  Maintenance and Support

 

You acknowledge and agree that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services with respect to Prezzee’s App.

 

36.  Warranty

 

36.1.       You acknowledge and agree that Apple and/or Google (as applicable) is not responsible for any product warranties, whether express or implied by law, with respect to Prezzee’s App. In the case of failure of Prezzee’s App to conform to any applicable warranty, you may notify Apple and/or Google (as applicable), and Apple and/or Google (as applicable)  will refund the purchase price, if any, paid by you to Apple and/or Google (as applicable) for the Prezzee App, and to the maximum extent permitted by applicable law. Apple and/or Google (as applicable) will have no other warranty obligation whatsoever with respect to these applications.

 

36.2.       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, Prezzee has disclaimed all warranties of any kind with respect to Prezzee’s App, and therefore there are no warranties applicable to such applications.

 

37.  Product Claims

 

37.1.       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 Prezzee’s App or your possession and/or use of such applications, including but not limited to:

 

a)     Product liability claims;

 

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

 

c)     claims arising under consumer protection or similar legislation.

 

38.  Intellectual Property Rights

 

You acknowledge and agree that in the event of any third-party claim that Prezzee’s mobile application or your possession and use of it infringe 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.

 

39.  Legal Compliance

 

39.1.       You represent and warrant that:

 

a)      you are not located in a country that is subject to a United Kingdom Government embargo, or that has been designated by the United Kingdom as a “terrorist supporting” country; and

 

b)      you are not listed on any United Kingdom list of prohibited or restricted parties.

 

40.  Third-Party Beneficiary

 

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, 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.

 

41.  Contact Us

 

Should you have any questions or concerns regarding these Terms, our Services or require assistance please contact us at help@prezzee.com or phone +448081649223