TERMS AND CONDITIONS


This PREZZ Mobile Application ("App") is operated by GCI Network Private Limited ("GCI").

Your access and use of is governed by these Terms of Use. Please take a few minutes to review the same. Your download, installation or use of this App constitutes your agreement to adhere to and be bound by these Terms of Use. If you do not agree with these Terms of Use, please do not access and use this App. For the purposes of these Terms of Use, "we", "our" and "us" shall mean GCI and "you" and "your" shall mean an individual who meets the eligibility criteria set out below. "Client", “You” and “Your” refers to you, the person accessing this App and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to GCI. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing Indian Law. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

TERMS AND CONDITIONS SUBJECT TO CHANGE

We reserve the right to update or modify these Terms of Use at any time without prior notice. Your access and use of this App following any such change constitutes your agreement to follow and be bound by these Terms of Use as updated or modified. For this reason, we encourage you to review these Terms of Use each time you access and use this App.

ELIGIBILITY

You represent and warrant that you are competent and eligible to enter into a legally binding agreement and be bound by these Terms of Use. You shall not access and use this App if you are not competent to contract under the applicable laws, rules and regulations.

You shall not access this App and avail of the services if you are not eligible to do so.

APP

The App is set up to register Users who want to SEND gift card (PREZZ) to their friends, family and associates or BUY it for own self.

You are required to make the payment through Credit Card, Debit Card or Net Banking option as you deem fit. We do not store any card details with us.

You may exchange PREZZ for any Brand Store Value Card through the App and make purchases or avail of services provided by those brands (“Brands"). The list of Brands from whom you can make purchases / avail of services shall differ based on our agreement with the brand from time to time. The Brands shall have the final say with respect to the products you purchase / service you avail and we have no authority and control over the same.

We shall neither be liable nor responsible for any actions or inactions, errors or omissions of any Brands or any breach of conditions of contract, representations or warranties made or offered by the Brands.

We shall not mediate or attempt to get involved in and resolve any disputes or disagreements inter se between Users and the Brands.

You understand that the App is just a medium to connect and provide redemption choice to the user of Prezz and we are not providing you with any Loyalty Points.

REGISTRATION

All Users are required to register in order to avail the Services.

Before registration, you are required to fulfil the eligibility criteria set out above in the Eligibility clause of this Terms of Use. Registration includes filling in personal details to obtain an account, username and password. We require your first name, last name, phone number and a valid email id. You agree to provide truthful and accurate information during the registration process. You also agree to update any relevant information immediately in the event of any change. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to not accept your/suspend/terminate your registration and restrict access to the Services, or any portion thereof. We reserve the right to accept or reject your registration, with or without cause.

You confirm that by your registering and availing of the Services, you will not be in violation of any laws as may be applicable in your jurisdiction.

We may at any time require you to provide information to verify your identity before we permit you to access some or all of the Services.

You can only link your own email id for the registration to the app. If you link any third party's email id, you shall do so only by obtaining written permission from that third party. We have the right to block your usage of this app in the event we deem any usage of the App is unauthorised.

USE OF APP

This App will enable you to purchase or send gift card to anyone and have it exchanged or redeemed at your convenience. Prezz Wallet allows you to check the accumulated Prezz balance, check transaction history of the sent cards & redeemed brand cards through the app.

You agree and undertake that you are accessing the App, availing of the Services and transacting with the Brands, as the case may be, at your sole risk and are using your best and prudent judgment before entering into any such transactions.

OBLIGATIONS

You agree not to access without authority, interfere with, damage or disrupt:

  • any part of the App;
  • any equipment or network on which the App is stored;
  • any software used in the provision of the App; or
  • any equipment or network or software owned or used by any third party.

ELECTRONIC COMMUNICATION

By accepting this Terms of Use, you expressly grant your consent to receive notices and communication electronically from us unless expressly intimated to us otherwise. Communications shall be posted on the App and all such communications will be deemed to be in "writing" and received by you when posted thereon. You are responsible for printing, storing, and maintaining your own records of such communications. All notices and communications to us should be sent to the designated email address(es) provided for herein.

INTELLECTUAL PROPERTY POLICY

All of the content you see and hear on the App, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips or text, trademarks, tradenames ("App Content"), constitute our and our licensors' intellectual property. The App and the App Content are protected by the copyright laws in all applicable jurisdictions.

You may access the App, avail of the services and utilize the App Content for your personal or internal requirements only. You are not entitled to duplicate, distribute, create derivative works of, display, or commercially exploit the App Content, features or facilities, directly or indirectly, without our prior written permission. If you would like to request permission to commercially exploit any particular App Content, you could contact us in the manner provided for herein.

PRIVACY POLICY

Access to and use of this App is subject to our Privacy Policy. We respect your privacy. We will not intentionally monitor or disclose any information unless required by law, regulation or court order. You agree to respect the privacy and confidentiality of others.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your access and use of this App, including, without limitation, your access and use of this App in violation of this Terms of Use.

DISCLAIMER

You agree that you are availing of the services at your own risk. The feature and facilities are provided on an "as is" and on an "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

We make no warranty that the services shall meet your requirements, that the services shall be uninterrupted and/or timely and/or secure and/or error free; nor do we make any warranty as to the results that may be obtained from the use of the services or as to the accuracy or reliability of any information obtained from the services.

There are no representations and warranties, whether express or implied, made by us regarding the accuracy and/or quality of any information transmitted and/or obtained through the use of the services.

All information that is provided to us and is uploaded on this App is accepted in good faith and we accept no responsibility whatsoever regarding the bona fides thereof.

You shall ensure that while using the services, all prevailing and applicable laws, rules and regulations, shall at all times, be strictly complied by you and we shall not be liable in any manner whatsoever for default of any nature regarding the same, by you.

We do not warrant that this App or any of the websites linked to the App be free of any operational hazards or errors nor that it will be free of any virus or/and worm or/and any other harmful components.

INDEPENDENCE FROM PLATFORMS

The App is independent of any platform on which it is located. The App is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation Google or Android (each being an "Operator").

Your download, installation, access to or use of the App is also bound by the terms and conditions of the Operator.

You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the App and the content thereof to the extent specified in these Terms of Use.

The license granted to you for the App is limited to a non-transferable license to use the App on a mobile device that you own or control and as permitted by these Terms of Use.

We are solely responsible for providing any maintenance and support services with respect to the App as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant Operator and that Operator will refund the purchase price for the App (if any purchase price has been paid) to you; and, to the maximum extent permitted by applicable law, that Operator will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (i) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.

You and we acknowledge that, in the event of any third party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim; provided such infringement was caused by us.

You must comply with any applicable third party terms of agreement when using the App (e.g. you must ensure that your use of the App is not in violation of your mobile device agreement or any wireless data service agreement).

You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

LIMITATION OF LIABILITY

ACCESS TO THIS APP AND THE SERVICES PROVIDED FOR HEREIN ARE AVAILABLE TO USE AS A MATTER OF CONVENIENCE. WE EXPRESSLY DISCLAIM ANY CLAIM OR LIABILITY ARISING OUT OF ON ACCOUNT OF ANYBODY ALTERING OR DISTORTING THE IMAGES AVAILABLE IN THIS APP IN AN OBSCENE, VULGAR OR PORNOGRAPHIC MANNER. YOU AGREE AND ACKNOWLEDGE THAT YOU SHALL BE SOLELY RESPONSIBLE FOR YOUR CONDUCT AND THAT WE RESERVE THE RIGHT TO TERMINATE YOUR RIGHT TO ACCESS AND AVAIL OF THE SERVICES IMMEDIATELY, WITHOUT PREJUDICE TO INITIATING PROCEEDINGS UNDER THE RELEVANT PENAL PROVISIONS UNDER THE INDIAN INFORMATION TECHNOLOGY ACT OR ANY OTHER ALLIED LAWS ENACTED BY THE GOVERNMENT OF INDIA OR ANY OTHER STATUTORY, LEGISLATIVE OR REGULATORY AUTHORITY THAT MAY HAVE JURISDICTION OR BE AUTHORIZED TO DO SO IN THIS REGARD FROM TIME TO TIME.

IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE OR PERFORMANCE OF THIS APP'S SERVICES OR FOR INTERRUPTED COMMUNICATIONS, DELAY, ETC., EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, OR INABILITY TO USE THIS APP, THE PROVISION OF OR FAILURE TO PROVIDE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THIS APP OR ANY OTHER SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THE CLAUSE SHALL SURVIVE IN PERPETUITY.

ASSIGNMENT

You may not assign or transfer any rights, obligations, or privileges that you have under this Terms of Use without our prior written consent. Subject to the foregoing, these Terms of Use will be binding on each of our successors and permitted assigns. Any assignment or transfer in violation of this clause will be deemed null and void.

NO WAIVER

We will not be considered to have waived any of our rights or remedies, or portion of them, unless the waiver is in writing and signed by us. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms of Use.

NO AGENCY

Nothing in these Terms of Use is intended to or creates any type of joint venture, employee-employer, creditor-debtor, escrow, partnership, or any fiduciary relationship between you or us or our affiliates. Further, except as expressly provided: (i) neither you nor us shall be deemed to be an agent or representative of the other by virtue of these Terms of Use; (ii) neither you nor us is authorized to, or will attempt to, create or assume any obligation or liability, express or implied, in the name of or otherwise on behalf of the other; and (iii) without limiting the generality of the foregoing, neither you nor us will enter into any contract, agreement, or other commitment, make any warranty or guaranty, or incur any obligation or liability in the name or otherwise on behalf of the other.

GOVERNING LAW AND JURISDICTION

These Terms of Use are governed and construed in accordance with the Laws of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Mumbai, Maharashtra, India, in the event of any disputes arising out of or relating to the access and use of this App and the services. Access and use of this App is unauthorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including without limitation this paragraph. Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of this App or the services or information provided to or gathered by us with respect to such use.

VALIDITY OF TERMS OF USE

These Terms of Use shall apply when you download and install the App and avail of the Services.

ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between us with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

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