Terms & Conditions

Terms posted online on 25 November 2020. Effective 25 November 2020

Prezzy Card is issued by Oxygen Global NZ Limited . By purchasing or using the card, you agree to these terms and conditions (“Terms”), and the card fees (“Fees”) set out at www.prezzycard.co.nz (“Website”). Our customer services numbers are: 0800 450 509 (NZ) or if you are overseas call us on +64 4 803 1640.

Key Terms:

  1. Expiry: All Prezzy Cards are issued with at least 24 months remaining before they expire. The expiry month and year is printed on the front of your card and specifies the last month that your card may be used before the card expires. Any remaining value on the card is forfeited when the card expires.
  2. Registration: There are 2 primary reasons to register your card:
  • If your card is lost or stolen, you can be issued with a new replacement card, with the remaining value less replacement fees. If you have not registered your card, you will not be able to receive a replacement card.
  • Unauthorized transactions can be disputed.

You can register your card at www.prezzycard.co.nz

  1. Fees: Fees are deducted from the unused value of the card and will apply for using the customer service line, currency conversion, unsuccessful transaction disputes and card replacement. In addition, some fees will be charged for purchasing a Prezzy Card. See more details on fees at www.prezzycard.co.nz/fees
  2. Stored value: The card is prepaid and cannot be reloaded. You are pre-paying for the right to purchase goods and services, from selected merchants who accept scheme card transactions electronically.
  3. Updates to terms/fees: Any changes to terms or fees are entirely at epay NZ discretion. Changes will be advised to any registered cardholders and on the Website. A minimum of 14 days notice will be given for any changes, before they are applied and they will never be made retrospectively.
  4. Limits on card use: The card cannot be used in manual card imprinters or ATMs, or for taxis, automated fuel dispensers, gambling activities, or in any situation where a merchant requires identity verification against the card details. The card is also not able to be used in any situation where a merchant may require direct debits, recurring payments, or payment installment on the card.

Other Terms:

  1. No interest: There is no interest payable on the card load value.
  2. How the card can be used: The card may be used by the purchaser, or anyone they gift the card to, in accordance with these Terms and Conditions.
  3. Sign your card: The card must be signed by the person intended to use the card as soon as they have received it. The card cannot be used before it has been signed.
  4. Exceeding the value on the card: You must not authorize transactions on your card that would result in more being spent on the card, than the balance that is currently available. This includes any situation where you could reasonably expect that charges could exceed the available balance, including common examples such as hotels, motels and car rental agencies, where the card details are held for any potential additional expenses that would be later charged to the card where applicable. To assist you with this, you should ask the check the available value on the card regularly and check with the merchant what they can charge on the card, prior to authorizing the transaction.
  5. Foreign currency transactions: Any transactions that are charged in foreign currency will be converted into New Zealand dollars at a rate determined by the card scheme on the date that the card scheme sends the purchase details to us, and deducted from the card value. In addition, currency conversion Fees will apply.
  6. Your responsibility for transactions on your card: You are responsible for the use security of the card. It should only be given to an intended recipient for use. You should not give the card or card details to anyone other than the intended user. You must keep the card safe and not leave it anywhere unattended where it could be removed without being noticed.
  7. Lost or stolen card: If you discover that your card has been lost or stolen, you must notify us immediately using the customer service number. This includes situations where your card details may have been disclosed to an unauthorized party. Note that if you have not registered your card, we will not be able to stop, cancel, or replace the stolen card, as there is no way to identify you as the owner.
  8. If your card has been registered and is lost/stolen: If your stolen or lost card was already registered, once you notify us, it will be stopped as soon as possible and a replacement card can be issued, retaining any unused value, minus card replacement fees. If you have followed these Terms, you will not be charged for unauthorized transactions that occurred after your card was lost / stolen.
  9. Disputing transactions on your card: To dispute a transaction, you must notify us within 60 days of the date that the disputed transaction occurred. If you do not advise us within that timeframe, we are unable to have the transaction reversed, even if unauthorized. You cannot dispute a transaction where you have changed your mind on a product purchase, or made a mistake when purchasing a product or service that you have authorized. Instructions for disputing a transaction are available at https://www.prezzycard.co.nz/disputing-transaction/ .  If you feel that your dispute has not been addressed to your satisfaction we support external dispute management.  Please contact [email protected] outlining your dispute.
  10. Suspension: Your card can be suspended without notice, if in our standard monitoring of transactions, we have reason to suspect that the card has been stolen or compromised, or being used fraudulently or for other criminal activity, or that you are not the rightful holder of the card, are in breach of the Terms, or there is a competing claim on the card. Any suspension can be lifted quickly, once the issue concerned has been resolved to our satisfaction.
  11. Cancellation for fraud etc: Your card can be cancelled without notice, if required to comply with a court order, or if in our standard monitoring of transactions, we have reason to suspect that the card has been stolen or compromised, or being used fraudulently or for other criminal activity, or that you are not the rightful holder of the card, are in breach of the Terms, or there is a competing claim on the card. If the card has been registered and you are able to demonstrate that the card is rightfully yours and being used appropriately in line with our Terms, a replacement card can be sent, carrying over any unused value, without charging any card replacement fees.
  12. Mass cancellation: In addition, your card can be cancelled as part of a general withdrawal from the market, or a general upgrade of our technology platform. In the rare event that this were to happen, a notice would be placed on the prezzycard.co.nz website, and a notice will be posted in a national newspaper at least 180 days in advance of any mass cancellation event. In the event that it is due to a technology upgrade, and your card is registered with us prior to cancellation, we will provide you a replacement card at no cost.
  13. Recording phone conversations and use of the Website: For training, security and legal reasons, we may record phone conversations, or correspondence you may have with us on any matter, including calls through the customer service line, or any direct correspondence, as well as any contact that occurs through the Website.
  14. Your rights as a consumer: You have rights under the Consumer Guarantees Act, the Fair Trading Act and the Privacy Act. You can find out more about your rights at: https://www.consumer.org.nz/articles/consumer-guarantees-act, https://www.consumer.org.nz/articles/fair-trading-act, and https://www.consumer.org.nz/articles/privacy-law.

These rights are not impacted by paragraph 21 below.

  1. Limits on our liability to you: Except for your rights under the Consumer Guarantees Act, the Fair Trading Act and the Privacy Law, our liability to you in connection with your card will be limited to the unused balance that remains on your card. We will not be liable to you in connection with your card for any consequential loss, or any loss of profits, loss of opportunity, or loss of reputation. For this purpose, loss is “consequential” if it relates to the particular purposes for which you are relying on the card, i.e. if other customers using or relying on the card for a different purpose would not necessarily suffer the same type of loss.
  2. Restrictions on dealings with the card: You cannot on-sell your card. If you have received your card as a gift, you are bound by these Terms and your use of the card indicates your acceptance of these Terms. As the user of the card you cannot assign any of your rights or obligations under these Terms. If you have stolen the card, or purchased it from unauthorized distributors, you are not entitled to the benefits of the card or these Terms and we have no responsibility to you.
  3. Our right to assign: We can assign any of our rights or obligations under these Terms, to any other party, subject to that other party assuming our obligations under these Terms. Any change of assignment to another party will be notified on the Website.
  4. Invalidity: If any of these Terms are found to be unenforceable, this does not affect the validity of the rest of these Terms. If there are found to be any issues with any of the Terms, we can make changes to them on the Website. Any changes would take place 14 days after posting to the Website.
  5. Conflict with laws: These Terms will affect your legal rights only to the extent permitted by law. Where the law says you have legal rights that cannot be modified or overridden by the terms of a contract, these Terms will be read subject to those legal rights.

Mastercard Prezzy card Terms and Conditions

Effective 01 July 2021

Mastercard Prezzy card is issued by Epay New Zealand Limited. By purchasing or using the card, you agree to these terms and conditions (“Terms”), and the card fees (“Fees”) set out at www.prezzycard.co.nz (“Website”). Our customer services numbers are: +64 9 942 4919

Key Terms:

1. Expiry: On issuance, Prezzy cards are valid for at least 24 months before they expire. The expiry month and year is printed on the front of your card and specifies the last month that your card may be used before the card expires. Any remaining value on the card is forfeited automatically when the card expires.

2. Registration: By registering your card, if you report your card lost or stolen you may obtain a replacement card, with the remaining value less replacement fees. If you have not registered your card, you will not be able to receive a replacement card if your card is lost or stolen.

You can register your card via email ([email protected] ) or phone +64 9 942 4919

3. Fees: Fees are deducted from the unused value of the card. Fees will apply for using the customer service line, currency conversion, unsuccessful transaction disputes and card replacement. In addition, some Fees will be charged for purchasing a Prezzy Card. See more details on Fees at www.prezzycard.co.nz/fees

4. Stored value: The card is prepaid and cannot be reloaded. You are pre-paying for the right to purchase goods and services from selected merchants who accept scheme card transactions electronically.

5. Updates to terms/fees: We can update the Terms and Fees by posting the changes to the Website. If you have registered your card with us, we will also email you about the changes. Changes will not take effect until at least 14 days after posting to the Website (or if you have registered a card with us, 14 days after we email you). Changes will never be made retrospectively, so you will not be bound by the changes if you have already used up the value on the card by the time the changes take effect.

6. Limits on card use: The card cannot be used in manual card imprinters or ATMs, or for taxis, automated fuel dispensers, gambling activities, or in any situation where a merchant requires identity verification against the card details. The card is also not able to be used in any situation where a merchant may require direct debits, recurring payments, or payment installment on the card.

Other Terms:

7. No interest: There is no interest payable to you on the card load value.

8. How the card can be used: The card may be used by the purchaser, or anyone they gift the card to, in accordance with these Terms and Conditions.

9. Sign your card: The card must be signed by the person intending to use the card as soon as they have received it. The card cannot be used before it has been signed.

10. Exceeding the value on the card: You must not authorise transactions on your card that would result in more being spent on the card than the balance that is currently available. This includes any situation where you could reasonably expect that charges could exceed the available balance, including common examples such as hotels, motels and car rental agencies, where the card details are held for any potential additional expenses that would be later charged to the card where applicable. To assist you with this, you should check the available value on the card regularly and confirm with merchants (before you authorise a transaction) what they can charge on the card.

11. Foreign currency transactions: Any transactions that are charged in foreign currency will be converted into New Zealand dollars at a rate determined by Visa on the date that Visa sends the purchase details to us, and that sum will be deducted from the unused value on the card. In addition, currency conversion Fees will apply.

12. Your responsibility for transactions on your card: You are responsible for the use and security of the card. You should only give the card to an intended recipient for use. You should not give the card or card details to anyone other than the intended user. You must keep the card safe and not leave it anywhere unattended or where it could be removed without being noticed.

13. Lost or stolen card: If you discover that your card has been lost or stolen, you must notify us immediately using the customer service number. This includes situations where your card details may have been disclosed to an unauthorised party. Note that if you have not registered your card, we will not be able to stop, cancel, or replace the stolen card, as there is no way to identify you as the owner.

14. If your card has been registered and is lost/stolen: If your stolen or lost card was already registered, once you notify us, it will be stopped as soon as possible and a replacement card can be issued, retaining any unused value, minus card replacement Fees. If you have followed these Terms, you will not be charged for unauthorised transactions that occurred after your card was lost or stolen.

15. Disputing transactions on your card: To dispute a transaction, you must notify us within 60 days of the date that the disputed transaction occurred. If you do not advise us within that timeframe, we are unable to have the transaction reversed, even if the transaction was unauthorised. You cannot dispute a transaction where you have changed your mind on a product purchase, or made a mistake when purchasing a product or service that you have authorised. Instructions for disputing a transaction are available at https://www.prezzycard.co.nz/disputing-transaction/.

16. Suspension: Your card can be suspended without notice if in our standard monitoring of transactions we have reason to suspect that the card has been stolen or compromised, is being used fraudulently or for other criminal activity, or that you are not the rightful holder of the card, are in breach of the Terms, or there is a competing claim on the card. Any suspension can be lifted quickly, once the issue concerned has been resolved to our satisfaction.

17. Cancellation for fraud etc: Your card can be cancelled without notice if required to comply with a court order or, if in our standard monitoring of transactions, we have reason to suspect that the card has been stolen or compromised, or is being used fraudulently or for other criminal activity, or that you are not the rightful holder of the card, are in breach of the Terms, or there is a competing claim on the card. If the card has been registered and you are able to demonstrate that the card is rightfully yours and being used appropriately in line with our Terms, a replacement card will be sent, carrying over any unused value, without charging any card replacement fees.

18. Mass cancellation: In addition, your card can be cancelled as part of a general withdrawal from the market, or a general upgrade of our card technology platform. In the rare event that this were to happen, a notice would be placed on the Website and in a national newspaper at least 180 days in advance of any mass cancellation event. In the event that it is due to a technology upgrade, and your card is registered with us prior to cancellation, we will provide you a replacement card without charging any card replacement fees.

19. Recording phone conversations and use of the Website: For training, security and legal reasons, we may record phone conversations, or correspondence you may have with us on any matter, including calls through the customer service line, or any direct correspondence, as well as any contact that occurs through the Website.

20. Your rights as a consumer: You have rights under the Consumer Guarantees Act, the Fair Trading Act and the Privacy Act. You can find out more about your rights at: https://www.consumer.org.nz/articles/consumer-guarantees- act, https://www.consumer.org.nz/articles/fair-trading-act, and https://www.consumer.org.nz/articles/privacy-law. These rights are not impacted by paragraph 21 below.

21. Limits on our liability to you: Except for your rights under the Consumer Guarantees Act, the Fair Trading Act and the Privacy Act, our liability to you in connection with your card will be limited to the unused balance that remains on your card. We will not be liable to you in connection with your card for any consequential loss, or any loss of profits, loss of opportunity, or loss of reputation. For this purpose, loss is “consequential” if it relates to the particular purposes for which you are relying on the card, i.e. if other customers using or relying on the card for a different purpose would not necessarily suffer the same type of loss.

22. Restrictions on dealings with the card: You cannot on-sell your card. If you have received your card as a gift, you are bound by these Terms and your use of the card indicates your acceptance of these Terms. As the user of the card you cannot assign any of your rights or obligations under these Terms. If you have stolen the card, or purchased it from unauthorised distributors, you are not entitled to the benefits of the card or these Terms and we have no responsibility to you.

23. Our right to assign: We can assign any of our rights or obligations under these Terms, to any other party, subject to that other party assuming our obligations under these Terms. Any assignment to another party will be notified on the Website.

24. Invalidity: If any of these Terms are found to be unenforceable, this does not affect the validity of the rest of these Terms. If there are found to be any issues with any of the Terms, we can make changes to them on the Website. Any changes would take place 14 days after posting to the Website.

25. Conflict with laws: These Terms will affect your legal rights only to the extent permitted by law. Where the law says you have legal rights that cannot be modified or overridden by the terms of a contract, these Terms will be read subject to those legal rights.

Download Prezzy card Terms and Conditions (effective 01 July 2021)

Prezzy Terms and Conditions for Business Customers

Effective: 26 November 2020

1. When you send us your order for your bulk order of Prezzy® cards, these terms and conditions will form the entire agreement between us in relation to that order (Agreement).

2. We are not obliged to accept any order. We may refuse and/or cancel any order for any reason (and at our sole discretion), including where we deem use, promotion, sale or association of Prezzy card may be inappropriate or damaging to the Prezzy card image (for example, but not limited to, gambling, party pills etc.)

3. We will be obliged to provide the Prezzy cards only after you have paid the total fee payable under your order in full and the funds have cleared.

4. We are required to comply with anti-money laundering legislation and you must provide us with any information (including proof of identity or income) we require before this Agreement comes into effect.

5. Unless agreed otherwise, we will send you the Prezzy cards by courier. Subject to the specific exceptions below, the Prezzy cards will become your sole responsibility from the time the cards are delivered to the delivery address you recorded on your accepted order.

6. We accept and retain full responsibility for the cards until they are securely delivered to you by method and means satisfactory to us in our sole discretion.

7. You agree that you will use the Prezzy cards in compliance with all laws, regulations and legally binding codes (Law) and will not use the Prezzy cards for illegal purposes. You will not do anything that would cause Oxygen Global NZ Limited, Epay NZ Limited or any of its affiliates, subsidiaries, directors, officers, employees or agents to break any Laws. You agree that you will not make any statements or representations in relation to Prezzy cards which may be construed as misleading or deceptive. The fact that we may have reviewed and/or approved your promotional or other materials does not relieve you of this responsibility.

8. If we provide you with inactive (locked) cards, you are solely responsible for communicating the activation code to each recipient of those cards in a secure manner, and you are solely responsible for any use of those cards arising from any disclosure of the activation codes in your possession.

9. You agree to use Prezzy cards only for your own personal use or as part of your promotional activities, or otherwise as approved in writing by us on a case-by-case basis, such approval to be given or withheld at our sole discretion.

10. Use of each Prezzy card is subject to the Prezzy card terms and conditions, which can be found at www.prezzycard.co.nz/ terms- and-conditions (Prezzy Terms). If you are the cardholder, you agree to comply with the Prezzy Terms. If you are providing a Prezzy card to anyone else, you must provide the Prezzy card with the Prezzy card material that we provide to you which include the Prezzy Terms. If you fail to provide the Prezzy card material at the same time as providing the Prezzy card you will be responsible for use of that Prezzy card as if it was used by you.

11. You cannot use, publish or distribute any material (promotional or otherwise) unless you have obtained our prior written approval. We will consider requests to approve material on a case-by-case basis, in that any approval shall be applicable only to the particular instance sought and shall not be deemed to be approval for subsequent material.

12. From time to time we may use the personal information we collect from you to contact you for the purpose of marketing our Prezzy Card products, or the products of our third-party partners, if we think these products may be of interest to you. We may do this using the direct mail channel, electronic means, by post, or by contacting you by telephone. Marketing to you using these channels may be carried out by us or by a third party engaged by us for the purpose of providing us marketing services. You may opt out of receiving electronic communications using the unsubscribe facility, or other methods of marketing generally by calling us.

13. You may not resell Prezzy cards or offer Prezzy cards for resale.

14. You agree that nothing in this Agreement will entitle you to any title, rights or interest in any intellectual property or other rights contained in or relating to the Prezzy card and that you will not modify, reproduce, reverse engineer or alter any Prezzy card in any manner whatsoever.

15. You agree to indemnify Oxygen Global NZ Limited and epay NZ Limited, and its affiliates, subsidiaries, directors, officers, employees and agents for any loss, claim or expense incurred by them arising from: • any promotional material used, published and/or distributed by you (except to the extent such promotional material is supplied to you by epay NZ Limited or Oxygen Global NZ Limited or one of its affiliates and you have made no changes to that promotional material); • any breach of the Agreement by you; • any claim made against us by a third party in relation to the use of a Prezzy card that we provided to you, where the claim arises as a result of or in relation to your breach of the Agreement.

16. You agree that you are in trade, the Prezzy cards are supplied and acquired in trade and the Consumer Guarantees Act 1993 will not apply to the supply of Prezzy cards under this Agreement. This applies for our benefit and also for the benefit of any other “supplier” (as defined in that Act) involved in the manufacturing or supply of Prezzy cards under this Agreement.

17. Without limitation to our other rights under these terms and conditions or at Law, we may lock any of the Prezzy cards held by you if we reasonably consider that you have breached these terms and conditions, or that a person you have provided a Prezzy card to has breached the Prezzy Terms. You must immediately return to us any Prezzy cards which are locked under this clause.

18. These terms and conditions will be applied under New Zealand law. Any dispute relating to these terms and conditions will be a matter for the non-exclusive jurisdiction of the New Zealand courts.