Terms and Conditions
Welcome to prezzius.com.cy (the “Website”), which is owned by Prezzius Ltd, a company with a registered office in Cyprus (5 Peisistratou street, Lakatamia, 2335, Nicosia), enrolled in the Registrar of Companies of Cyprus (registration number: HE 417294).
These Terms and Conditions (“Agreement”) are a legal agreement that explain the terms and conditions that all visitors, users, customers, clients and Users (“You”, or “Your”) must comply with when using the Website. By using the Website, You agree to abide by all of the terms and conditions in this Agreement.
These Terms and Conditions outline the rules and regulations for the use of prezzius.com.cy. PLEASE READ THIS AGREEMENT CAREFULLY because it affects Your rights and liabilities under the law. By using or accessing the Website, You confirm that You have read and agreed to be bound by this Agreement. If You do not agree with this Agreement, You cannot use or access the Website.
These Terms and conditions are governed by the laws of the Republic of Cyprus.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all agreements:
“Company,” “Us,” “We,” and “Our” refers to Prezzius Ltd.
“Content” is the information displayed at the Website including without limitation text, data, code, images, photographs, graphics, software, designs and any other materials that are available at the Website.
“Party” refer to either You, or Us, or any other party to this Agreement. “Parties” refer to both You and Us.
“Services” means the Website Service which may allow You to purchase and send Gift Cards for yourself or someone else.
“Order” means the order placed by You to Us for the purchase of a Gift Card, through the Website.
“Supply” means to provide and send the Gift Card to the Recipient as per the Order.
“Recipient” is the person who receives the Gift Card from You.
“Merchant” means retailers, vendors, a physical and/or an online store, or any other person or organization who has signed a partnership agreement with Us and who accepts the Gift Card that we provide through our Website as a means of payment.
“You” and “Your” refer to the visitor, user, purchaser, client, customer or person accessing the Website and thus accepting this Agreement.
“User Content” refers to the content which has been created by Our users.
2 Description of the service
2.1 General description
Prezzius.com.cy is a service which may allow You to purchase and send digital Gift Cards, from various Merchants, for yourself or someone else.
The person who receives the Gift Card is called the “Recipient”. We will use reasonable efforts to notify the Recipient of the Gift Card you send in accordance with the method that you select to send the Gift Card.
Gift Cards are issued by a particular third-party Merchant and may be delivered to the Recipient via email or text (sms) through Our Website. You can also print and deliver the Gift Card personally to the Recipient. Digital Gift Cards can be sent instantly or at a scheduled date and require the Recipient to click a link or to open a PDF file and download the Gift Card details (including its unique code) on the electronic delivery notification and may require the Recipient to login to the Website. Each Gift Card is represented by a unique code.
All prices on the Website are expressed in Euro (€) and are inclusive of VAT, where due. If there are prices in different currencies, the relevant price in Euro (€) will be specified during the purchase phase.
2.2 Purchase and Redemption of Gift Cards
To place an order and purchase a Gift Card, a User will choose a Recipient and the Gift Card of his/her interest, choose a purchase amount, optionally personalize the Gift Card and complete the purchase process by selecting the delivery method and the delivery date. To purchase You must use a valid payment method, such as a credit card or accepted alternate payment method. The User may proceed with the purchase of a Gift Card even without registering to the Website in advance, by entering an e-mail address and any other information may be required.
By placing an order for a Gift Card, you agree to purchase the Gift Card. Once you’ve completed your payment, you will receive a confirmation of the payment and your selected payment method will be charged for the amount of any paid portion of the Gift Card value and fees charged (if any) for using the Services of Our Website. Once the payment is confirmed and We process the order, the Gift Card will be sent to You or the Recipient at the delivery date You have previously selected.
Before proceeding with the payment, the User must verify the correctness of the data entered in the Order. We shall not be held responsible in any way for the correctness of the data entered and shall not be obliged to repeat any service performed in favour of a person wrongly indicated by the User. In case of purchase made in favor of a third party (the “Recipient”), the User must enter in the Order the data of the Recipient of the Gift Card, declaring to have full legitimacy to the use of the data of that third party and assuming exclusive responsibility in this regard.
Prezzius Ltd is not the issuer of the Merchant Gift Cards. They are issued by Merchants, which shall be fully responsible for any and all claims or liabilities related to the Gift Cards, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Gift Cards. By receiving a Gift Card from Us, the Recipient acquires the right to redeem the Gift Card issued by Issuer and to use the Gift Card subject to the Terms of this Agreement. Some Gift Cards may be redeemable outside the Cyprus. It is your responsibility to confirm if a Merchant card can be redeemed within Cyprus or not. Gift Cards must be redeemed at the applicable Merchant website or physical retail store. All aspects regarding the use and redemption of Gift Cards are subject to the applicable Merchant policies and they are governed by certain terms and conditions. Most of the Gift Cards have expiration date, in addition to other restrictions and requirements. It is the User’s and Recipient’s responsibility to read and understand in advance the relevant Terms and Conditions applicable for each Gift Card prior to purchasing any Gift Card. Most of the Gift Cards can be spent/redeemed within the deadline specifically stated on the same (i.e. before the expiration date). Gift Cards are not redeemable for cash. If the available credit is not sufficient to fully execute the purchase of a product or service, it is not guaranteed that all Merchants allow the use of Gift Cards in conjunction with other payment methods. The User must ensure that the credit available on the Gift Cards is sufficient for the purchases he intends to make.
All risk of loss and title for the Gift Card will pass to You or the Recipient, whichever is applicable, upon electronic transmission of the Gift Card to such individual. Prezzius Ltd is not responsible if a Gift Card is lost, stolen, destroyed, or used without permission. Prezzius Ltd is not responsible if any Gift Card is rendered unsuitable for redemption through no fault of Prezzius Ltd.
2.3 Prezzius Flex Card Terms
Prezzius Flex Card is a gift card, which provides total freedom and gives the Recipient the flexibility and free choice among all the Merchant Gift Cards listed in the Website.
Users of the Website may purchase and send a Prezzius Flex Card to a Recipient via available delivery methods. The same with Merchants Digital Gift Cards, Prezzius Flex Card require the Recipient to click a link or to open a PDF file and download the Gift Card details (including its unique code) on the electronic delivery notification and may require the Recipient to login to the Website.
Upon purchase, the funds are applied to a Prezzius Flex Card until the time the Recipient of the Prezzius Flex Card visits our Website to purchase a Merchant Gift Card, using the Prezzius Flex Card code as discount code during the payment. Any remaining balance in the Prezzius Flex Card will be available for use during the next order of the Recipient in Our Website. If the amount of the order is higher than the remaining amount in the Prezzius Flex Card, the Recipient will pay the difference, using one of the available payment methods. Prezzius Flex Cards cannot be used on the website or in the stores of any of the Merchants displayed on the Website, before they converted into a specific Merchant Gift Card. If you have problems redeeming your Prezzius Flex Card in our Website, please contact Us.
All Merchant Gift Cards purchased at Website, using the Prezzius Flex Card code as a payment method, may be redeemed at the store or website of such Merchant (where applicable), subject to the terms and conditions, limitations and rules set by the respective Merchants. Locations of the Merchants are also subject to change.
All purchases of Prezzius Flex Cards made on the Website are final and there are no cancellations, returns, refunds or exchanges permitted.
Prezzius Flex Cards are not redeemable for cash.
Notwithstanding anything to the contrary under this Agreement, if after twelve (12) months the Prezzius Flex Card has not been redeemed toward the purchase of eligible Merchant Gift Card during this period of time, then anytime thereafter, Prezzius Ltd may expire the Prezzius Flex Card or automatically redeem such Prezzius Flex Card for a Merchant Gift Card selected by Us at Prezzius Ltd sole discretion, and send the selected Merchant Gift Card to the any related User’s email address or SMS number on file.
All risk of loss and title for the Prezzius Flex Card will pass to You or the Recipient, whichever is applicable, upon electronic transmission of the Prezzius Flex Card to such individual. Prezzius Ltd is not responsible if a Prezzius Flex Card is lost, stolen, destroyed, or used without permission.
Merchants Gift Cards offered at Website are subject to change, and availability of Gift Cards for any Merchant cannot be guaranteed. Prezzius Ltd does not assume responsibility or liability for the actions, products, locations or content of any current, former, or future Merchants on the Website.
PREZZIUS LTD MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO PREZZIUS FLEX CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT AN PREZZIUS FLEX CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH PREZZIUS FLEX CARD.
3 User Rights and Responsibility
3.1 Acceptable use
- You are responsible for the safety and confidentiality of your passwords and usernames. Prezzius Ltd has the right to terminate or suspend your username and password should we suspect non compliance by You.
- You are not a minor in the jurisdiction in which you reside.
- You will not use any meta tags or any other “hidden text” utilizing Our name or trademarks without Our express written consent.
- The Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any commercial purpose without Our express written consent.
- Your use and access of the Website does not include any right of resale or commercial use of the Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its Contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
- You must use our website for lawful purposes only.
3.2 Prohibited Use
While using our service the following terms must be adhered to:
- to transmit or send unsolicited or unauthorized advertising or promotional material in any form.
- Disrupt or attempt to disrupt Our servers in any way that could cause harm to the Website.
- Distribute any material that contains software viruses or any other computer code, files, or programs that are designed or intended to: (a) disrupt, damage, or limit the functioning of the Website, any software, hardware, or telecommunications equipment used in connection therewith; or (b) damage or obtain unauthorized access to any data or other information of any third party.
- Harass, abuse, threaten or incite violence towards any individual or group.
- in any way that breaks or breaches applicable local, national or international laws or regulations.
- in any way which is fraudulent or unlawful.
- Hold Yourself out as sponsored by, endorsed by, or affiliated with Us or the Website.
- Interfere with any other person’s use of or the proper functioning of the Website.
- Misrepresent Your identity or impersonate any person.
- Modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Us.
- Provide any information that is false, misleading or inaccurate.
- Use any portion of the Website for any unlawful purpose or otherwise fail to comply with all applicable domestic and international laws, statutes, ordinances and regulations.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available User Content that is harmful to minors in any way, harassing, harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Use any portion of the Website for uploading, posting, e-mailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Violate the privacy of any third party, this includes, but is not confined to, posting personal information about another person or entity without consent.
4 Our Content
Except for User Content as defined in User Content clause below, all of the content featured or displayed on the Website, including, without limitation, text, graphics, photographs, images, moving images, sound, and illustrations (“Our Content”), are owned by Us, Our licensors, Merchants and/or Our content providers. All elements of the Website, including without limitation the general design and Our Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.
The Website, Our Content and all related rights shall remain Our exclusive property or of Our licensors unless otherwise expressly agreed.
You will not remove any copyright, trademark or other proprietary notices from material found on the Website.
Except as may be otherwise indicated in specific documents within the Website or as permitted by copyright law, You are authorized to view, play, print and download copyrighted documents, audio and video found on Our Website for personal, informational, and noncommercial purposes only.
Except as permitted by copyright law, You may not modify any of the materials and You may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website.
5 Trademarks/ No Endorsement
All of Our trademarks, service marks and trade names used herein (including but not limited to: the Prezzius Ltd name, Prezzius Ltd logo, the Website name, the Website design, and any logos) (collectively “Marks”) are Our trademarks or registered trademarks or of Our affiliates, partners, Merchants or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Our trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Our prior written consent. The use of Our trademarks on any other site or network computer environment is not allowed. We prohibit the use of Our trademarks as a “hot” link on or to any other site, unless We have approved in advance the establishment of such a link. You shall not use Our name or any language, pictures or symbols which could, in Our judgment, imply Our endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.
6 User Content
You may be able, as dictated by the functionality of the Website, to submit or to otherwise make available messages, e-mails, photographs, videos and other content for display on the Website (“User Content”).
You shall be solely responsible for Your own User Content and the consequences of posting or publishing them. The Website merely acts as a passive conduit for Your online distribution and publication of User Content.
Without limiting any of Our rights in law and equity, We reserve the right to remove any User Content for any reason in Our sole discretion, including any User Content that We believe may violate this Agreement, or any copyright or third-party rights.
By submitting or otherwise making available any User Content to the Website, You automatically grant Us a nonexclusive, royalty-free, worldwide, perpetual, irrevocable, sub-licensable (through multiple tiers), license to use, modify, copy, distribute, transmit, publicly display, publicly perform, publish, adapt, create derivative works of, distribute, transfer or sell any such content, for any purpose, including commercial purposes and in connection with advertising for the sole benefit of the Website (collectively, “Use”), in any type of media or in any form now known or later developed, without any payment to You. In addition, You automatically waive and give up any claim that any use of such content violates any of Your rights, including privacy rights, publicity rights, moral rights or any other right, including the right to approve the way the Website uses such content. You also grant Us and the Website the right to use any material, information, ideas, concepts, know-how, or techniques contained in any communication You provide, submit, or otherwise make available to the Website or to Us for any purpose whatsoever, including, without limitation, commercial purposes. By submitting User Content, You automatically warrant and represent to Us that You are the owner of all intellectual property rights in and to the User Content or that You otherwise have all sufficient rights to grant the license above.
By submitting User Content, You further warrant and represent that the User Content infringes no third-party right of privacy, right of publicity, or any other third-party right or proprietary interest.
User Content does not represent Our views or any individual associated with Us, and We do not control User Content. In no event shall You represent or suggest, directly or indirectly, Our endorsement of User Content. We do not vouch for the accuracy or credibility of any User Content on Our Website, and do not take any responsibility or assume any liability for any actions You may take as a result of reading User Content on Our Website.
7 Right To Takedown Content
You shall remain solely responsible for Your User Content and We shall have no obligation to prescreen any such content. However, We shall have the right in Our sole discretion to edit, refuse to post, or remove any material submitted to or posted on the Website at any time without notice. Without limiting the foregoing, We shall have the right to remove any material that We find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any User who fails to conform to any provision of this Agreement access to the Website.
8 Advertising Rights
We reserve the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with User Content. We and Our licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in this Agreement obligates or may be deemed to obligate Us to sell, license or offer to sell or license any advertising, promotion or distribution rights.
9 Your Account
When you register and create an account, make a purchase or send a gift, you agree to submit your own valid e-mail address, to create a User name and password, if required, and that all information that you submit will be accurate and not misleading.
Specifically, in consideration of Your use of the Website, You will:
- provide true, accurate, current and complete information about Yourself as prompted by the Website’s registration page (such information being the “Account Data”); and
- maintain and promptly update the Account Data to keep it true, accurate, current and complete.
You are entirely responsible for the security and confidentiality of Your password and Account. You will not share Your Account Data or Your username and password with any third party or permit any third party to login to the Website using Your Account Data. Furthermore, You are entirely responsible for any and all activities that occur under Your Account. You are responsible for taking precautions and providing security measures best suited for Your situation and intended use of the Services and Website.
You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of security of which You become aware.
The Website may also include a tool that allows You to sign in or register using information from Your accounts in third party services, such as Facebook, Twitter, Google, Yahoo, or LinkedIn. These third-party services are not related to the Website, and Your use of such third-party services is subject to the terms and policies of those services.
We have engaged the services of RCB Bank Ltd (“Payment Processor”) to collect and manage Your payments. You acknowledge and agree that the Payment Processor will perform the following for Us:
- credit and background verification of Our potential Users
- access updated payment reports;
- credit administration, management and collection;
- legal assistance in credit recovery;
- assessment of Our Users’ dependability; and
- receive, facilitate and assign Your credit that is due to Us;
The Payment Processor is responsible and We shall not be liable for any matter in connection with the processing of Your payments.
You agree to notify Us or the Payment Processor about any billing problems or discrepancies within 30 days after they first appear on Your Account statement. If You do not do so within 30 days, You agree that You waive Your right to dispute such problems or discrepancies.
We may partner with and use other third party payment service providers to handle all payments. You can review the revisions to this Agreement by regularly checking this page. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
When sending the Order, the User is obliged to pay the amount due for the purchase of Gift Cards and acknowledges from now on that in default of payment, Prezzius Ltd will not be able to perform its service of sale of the Gift Cards.
You agree to provide updated information regarding Your credit card or payment method at any time the information is needed.
You give Us and the Payment Processor the pre-authorization to verify if Your credit card or payment method account is valid and has the necessary funds or credit available to cover Your payments.
You authorize such credit card to pay any amount described herein.
You confirm that Your credited card has sufficient funds, credit facilities and valid expiry date to cover the payment.
You will receive an electronic receipt for Your payment.
In case of payment delay, You will not able to use any chargeable features of Our Services until the payment in due have been fully paid.
You are solely responsible for any and all fees charged to Your credit card by the issuer, bank, or financial institution including, but not limited to, subscription, overdraft, insufficient funds, and over the credit limit fees.
In the event that the Payment Card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time We submit the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.
All orders are subject to Our credit approval. We reserve the right to require other adequate assurances of performance of Your payment obligations as We, in Our discretion, may require, notwithstanding any order confirmation issued by Us.
All payments shall be paid in EUR. You may have to incur costs for conversion and transfer of money if applied by Your financial service provider.
Some prices include VAT at the relevant VAT rate in Cyprus, unless stated otherwise in this Agreement. You are responsible for all other applicable taxes, and We shall charge taxes when required to do so.
Other payment methods are accepted only if provided on Our Website.
10.3 Cancellations, Refunds, Returns/Exchange Policy
Prezzius Ltd is not the issuer of the Gift Cards. Gift Cards are issued by the Merchants. Payment is also made directly to Merchants at the time of the purchase. In addition the redemption of the Gift Cards is performed by the Merchants.
All purchases made on the Website are final and there are no cancellations, returns, refunds or exchanges permitted.
All Gift Cards listed on the Website are not redeemable for cash.
Prezzius Ltd is not responsible for errors and deficiencies or for the refund and returns of any products purchased from Merchants. Your only recourse for refunds, returns and exchanges is with the Merchant.
10.4 Online Dispute Resolution
All consumers resident in Europe have the right to file a complaint for any dispute stemming from online sale of goods and services contracts. This is an outside of the court method, using the alternative dispute resolution platform established by the European Commission. The relevant ODR (Online Dispute Resolution) platform is available at http://ec.europa.eu/consumers/odr/
You can contact us through email at firstname.lastname@example.org.
11 Website Information
We attempt to ensure that information on the Website is complete, accurate and current. Despite Our efforts, the information on the Website may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on the Website.
Through Your use of the Website, You may be exposed to content that You may find offensive, objectionable, harmful, inaccurate or deceptive. By using Our Website, You assume all associated risks.
Information provided by you through prezzius.com.cy is stored on a secured private server. While we have taken reasonable precautions to protect your personal information, no security system is impenetrable and we cannot guarantee the security of information that you provide to us via the Internet, through our Website, through online ordering, or in databases stored on our servers.
13 Links to this Website
Running or displaying the Website or any information or material displayed on the Website in frames or through similar means on another site without Our prior written permission is prohibited.
We grant You a nonexclusive right to display at Your site any link that would permit any user to go from Your site to Our Website. You obtain no rights other than the right to link to Our Website. Further, We do not guarantee, approve, or endorse the information or products available on Your site.
You agree to not use and display the links in such a manner that is misleading, defamatory, infringing, libelous, disparaging, obscene, or otherwise objectionable to Us. You agree to not use the links in any manner that is likely to reduce, diminish or damage the goodwill, value or reputation associated with Us. You warrant that Your site does not include any material, and does not contain links to sites displaying any material, which is harmful, pornographic, abusive, hateful, obscene threatening, defamatory, or which encourages illegal activity. Upon notice from Us, You shall promptly remove the links.
14 Third Party Links
From time to time, the Website may contain links to sites that We and Our affiliates do not own, operate nor control. All such links are provided solely for Your convenience. If You use these links, You will leave the Website. Neither We nor any of Our respective affiliates are responsible for any content, material or other information located on or accessible from any other site. Neither We nor any of Our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other site, or any content, materials or other information located or accessible from any other site, or the results that You may obtain from using any other site.
We do not control, endorse, sponsor or approve of the third parties or their content not do We take any responsibility for any aspect of these websites or their content. If You decide to access any other site linked to or from this Website, You do so entirely at Your own risk. You agree to be aware when You leave the Website and to read the privacy statements of these sites. You will evaluate the security and trustworthiness of any site connected to or accessed through the Website before disclosing any personal information to them. We do not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from Your disclosure of personal information to those third-party sites.
15 Intellectual Property Rights
We claim copyright and all other intellectual property rights to all the material on the Website, including, but not limited to the words, information, graphics, designs, logos, trademarks, photographs, icons, drawings and text, owned by Prezzius Ltd.
Our intellectual property is protected under copyright, trademark and other intellectual property laws.
As part of this Agreement, You agree to not reproduce, modify, use, distribute, sell, publish or broadcast any of the material found on this Website without Our prior written consent.
All other trademarks not owned by Us that appear on this Website are the property of the Merchants and their respective owners, who may or may not be affiliated with, connected to, or sponsored by Us.
16 Copyright Notice
All Website design, graphics, text selections, arrangements, and all software are of Copyright © 2021, Prezzius Ltd or its licensors. ALL RIGHTS RESERVED.
17 Disclaimer Notice
By using the Website, You hereby consent to this Disclaimer and agree to its terms.We will not be liable for any damages experienced in connection with the use of Our Website.If You do not agree with this Disclaimer, STOP now and do not access or use this Website.
17.2 Content Disclaimer
We are not responsible or liable in any manner for any content posted on Our Website or in connection with Our Website, whether posted or caused by users of the Website or by Us. Although We provide rules for user conduct and postings, We do not control and are not responsible for what the users post, transmit or share on the Website, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content You may encounter on the Website. We are not responsible for the conduct, whether online or offline, of any user of Our Website.
17.3 External Links Disclaimer
The Website may contain (or You may be sent through the Website links to other sites or content belonging to or originating from third parties or links to sites and features in banners or other advertising. We do not investigate, monitor, or check such external links for accuracy, adequacy, validity, reliability, availability or completeness.
We do not warrant, endorse, guarantee, or assume responsibility for the accuracy or reliability of any information offered by third-party websites linked through the Website or any site or feature linked in any banner or other advertising. We will not be a party to or in any way be responsible for monitoring any transaction between You and third-party providers of products or services.
17.4 Testimonials Disclaimer
The Website may contain testimonials from users of Our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of Our products and/or services. We do not claim, and You should not assume, that all users will have the same experiences. Your individual results may vary.
The testimonials on the Website are submitted in various forms such as text, audio and/or video, and are reviewed by Us before being posted. They appear on the Website verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect Our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
The testimonials on the Website are not intended, nor should they be construed, as claims that Our products and/or services can be used to diagnose, treat, mitigate, cure, prevent, or otherwise be used for any disease or medical condition. No testimonials have been clinically proven or evaluated.
17.5 No Professional Relationship Disclaimer
The Website cannot and does not contain professional advice. We do not provide any kind of professional advice. The information is provided for general informational and educational purposes only and is not a substitute for professional advice.
Accordingly, before taking any actions based upon such information, We encourage You to consult with the appropriate professionals. The use or reliance of any information contained on this Website is solely at Your own risk.
17.6 Social Medial Channel Disclaimer
Media posted on Our social media channels and/or Our Website is intended for a general overview and discussion of the subjects dealt with. We will accept no responsibility for any actions taken or not taken on the basis of this publication. All videos, podcasts, or any other media We publish remain Our copyright and all rights are reserved
17.7 Fair Use Notice
The Website contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We believe this constitutes a “fair use” of any such copyrighted material. If You wish to use copyrighted material from the Website for purposes of Your own that go beyond fair use, You must obtain permission from the copyright owner.
17.8 Personal Responsibility
You acknowledge You are using Our Website voluntarily and that any choices, actions and results now and in the future are solely Your responsibility.
We will not be liable to You or any other party for any decision made or action taken in reliance on the information given in the Website.
17.9 General Disclaimer Notice
PREZZIUS LTD IS NOT A BANKING INSTITUTION OR OTHER CHARTERED DEPOSITORY INSTITUTION AND DOES NOT REPRESENT ITSELF AS SUCH. PREZZIUS LTD MERELY PROVIDES USERS WITH A WEBSITE TO PURCHASE GIFT CARDS. PREZZIUS LTD IS NOT THE ISSUER OF ANY OF THE GIFT CARDS AVAILABLE THROUGH THE WEBSITE. ONCE A GIFT CARD IS PURCHASED THROUGH OUR WEBSITE, THE ISSUER IS RESPONSIBLE FOR THE REDEMPTION OF THE GIFT CARD.
YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED AS IS WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER WE NOR ANY OF OUR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER US, NOR ANY OF OUR AFFILIATES MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE WEBSITE OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
18 Limitation of Liability
We attempt to be as accurate as possible and to eliminate errors on the Gift Cards that we offer in our Website; however, Prezzius Lrd does not represent or warrant that any Gift Card and information about the Gift Card (including the description, the unique code, Merchant information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a Gift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.
Although Our Website may enable you to purchase a Gift Card, the only transaction that You will have with Us is for your payment toward the Gift Card and fees charged (if any) for using the Website Service. We do not have any control over other the intended Recipient or over the Merchant. Consequently, we are not and will not be liable for any loss or damage that you may incur as a result of your interactions and transactions with any Merchant, including any loss or damage resulting from: (i) late or failed delivery of any product or service purchased through Merchant, including Gift Cards; (ii) any defect or other quality aspect of any product or service; (iii) breach of any Merchant warranty, express or implied whatsoever; or (iv) Merchant’s failure to redeem the Gift Card due to bankruptcy or due to any other reason. The dealings between You, and the Merchant are solely between You and the applicable Merchant, as the case may be. We are not responsible for changes in any Merchant’s Gift Card terms and conditions; including any price change that may occur after you purchase a Gift Card, but prior to redemption for the applicable product or service. You understand that we do not issue Gift Cards through the Website. The Issuer has the liability for the Redemption of the Gift Card. In case of dispute regarding the purchase of goods or services through the Gift Cards, such dispute must be submitted and resolved directly with the Merchant and any refunds or returns are subject to the Merchant’s policies and applicable regulations. Users may resolve a dispute directly with each other or with Merchant. If you have or participate in any dispute or its resolution, you expressly agree to indemnify and hold harmless Prezzius Ltd and its officers, employees, members, managers, affiliates, subsidiaries, agents, representatives, and successors from and against all third-party claims, costs, losses, liabilities and expenses (including damage awards, settlement amounts, and reasonable attorneys’ fees and costs, whether incurred as the result of a third-party claim or a claim to enforce this Term), and other damages of any kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, liquidated or otherwise related to such dispute.
The User and the Recipient are required to keep their Gift Cards safe, with care and diligence. This means that all reasonable measures must be taken to prevent loss, theft or misuse. In particular, the risk of loss, theft or misuse of the Gift Cards is transferred to the User or the Recipient upon receipt of the Gift Cards, therefore, in such cases Prezzius Ltd cannot be held responsible in any way and the credit on them will not be refunded in the cases mentioned.
In any case, without prejudice to the mandatory provisions of law, the maximum limit of liability of Prezzius Ltd for any damage, for whatever reason derived to the User or third parties in connection with or in execution of the Order, may not exceed the amounts actually paid by the User under the Order.
We, moreover, assumes no liability for indirect damages (including, by way of example and not limited to, loss of profits, business interruption, loss of profit) suffered by the User and / or third parties arising from the execution of the Order and / or the use of Gift Cards.
It is understood that We shall not be liable for the non-fulfilment or delay of its obligations in the event that such non-fulfilment or delay is due, directly or indirectly, to force majeure, meaning any event or circumstance totally beyond the control of Prezzius Ltd itself.
Prezzius Ltd will not be held liable should the website be unavailable for any amount of time. We do not assume any responsibility, or will be liable, for any damages to, or any viruses that may infect Your computer, telecommunication equipment, or other property caused by or arising from Your access to, use of, or browsing the Website, or Your downloading of any information or materials from this Website. IN NO EVENT WILL WE, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, ANY WEBSITES LINKED TO THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL SUCH WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE HIGHER OF FIFTY EUROS (€50) OR THE VALUE OF YOUR PURCHASE MADE ON THE WEBSITE.
You agree to defend, indemnify and hold Us and any of Our affiliated company or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (a) the use of the Website or the internet or Your placement or transmission of any message or information on this Website by You or Your authorized users; (b) Your violation of any term of this Agreement, including without limitation, Your breach of any of the Representations and Warranties above; (c) Your violation of any third party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (d) Your violation of any law, rule or regulation of Cyprus or any other country; (e) any claim or damages that arise as a result of any User Content that You provide to Us; or (f) any other party’s access and use of the Website with Your unique username, password or other appropriate security code.
We reserve the right to send You an electronic mail for the purpose of informing You of changes or additions to the Website or this Agreement.
We may terminate this Agreement:
- for any or no reason during any free use of the Websites or Services;
- if You breach any of the terms of this Agreement, and that breach is not remediable;
- if You breach any of these terms of this Agreement and that breach is not remedied within 0 of receiving written notice of the breach;
- if You have failed to pay any due charges by the stated date.
We may also block Your access to Our Website in the event that:
- You breach this Agreement;
- We are unable to verify or authenticate any information You provide to Us; or
- We believe that Your actions may cause financial loss or legal liability for You, Our users or Us.
You may terminate Your use of the Website or the Services by contacting Us through our contact details in this policy. The termination request will be subject to Our verification of Your ownership of the Account.
In terminating Your Account, You shall be liable to pay all fees and charges that have accrued up until the termination takes place. You are personally liable for any orders placed or charges incurred through Your Account prior to termination.
22 Consequences of Termination or Expiration
Upon the effective date of termination or expiration of this Agreement:
- All rights, Subscriptions and licenses granted to You shall be terminated immediately.
- You will immediately cease use of and/or access to the Account, Website, and the Services.
- We will suspend or terminate Your access to the Website and Services.
- We will suspend or terminate access to any or all of the data to the extent permitted by law
The termination or expiry of this Agreement shall not affect any of Our accrued rights and liabilities at any time up until the date of termination.
This Agreement is subject to Our revision and changes from time to time. Your continued use of the Website after the revision and changes will mean that You agree, without qualification, to the revised Agreement.
If You are not a registered Subscriber of the Website, then You can review revisions to this Agreement by regularly checking this page.
Material revisions to this Agreement will be indicated by an updated effective date at the top left corner of this page.
It is Your responsibility to remain apprised of any revisions to this Agreement and to remain in compliance therewith.
Should You object to any such revisions to this Agreement or become dissatisfied with the Website in any way, Your only recourse is to immediately terminate Your membership or discontinue use of the Website. Otherwise, continuing to use, visit, access or use the Website after the effective date means that You agree to be bound by any and all revisions.
24 Force Majeure
We shall not be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond Our reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies; epidemics, pandemics; any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.
25 Minimum Age Requirements
Our Website is not directed to children. Access to and use of Our Website is only for those who are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements. If You are younger than this, You may not register for or use Our Website.
Any person who registers as a user or provides their personal information to Our Website represents that they are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
In agreeing with this Agreement, You represent and warrant that You are at least at the age of 13 years in the USA or 16 years in the European Union or otherwise capable of entering into and performing legal agreements.
Jurisdiction and Choice of Law. Any claim relating to, and the use of, this Website and the materials contained herein is governed by the laws of the Republic of Cyprus. You consent to the exclusive jurisdiction of the courts located in Nicosia, Cyprus.
Entire Agreement. This Agreement and the other agreements stipulated to be incorporated herein are the entire agreement between You and Us and supersede any prior understandings or agreements (written or oral).
A printed version of this Agreement will be admissible in judicial and administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.
Assignment. You agree that this Agreement and all incorporated agreements may be automatically assigned by Us in Our sole discretion. You cannot assign this Agreement without Our written consent.
Headings. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
No Waiver. Our failure to act with respect to Your or others’ breach does not waive Our right to act with respect to subsequent or similar breaches.
Survival. Clauses “Trademarks/No Endorsement”, “Advertising Rights”, “Intellectual Property Rights”, “DISCLAIMERS”, “LIMITATIONS OF LIABILITY”, “Indemnity”, “Release”, “Communications”, and “Dispute Resolution and Arbitration” shall survive any termination or expiration of this Agreement.
27 User Feedback
We welcome and encourage You to provide feedback, comments, and suggestions for improvements of the Website (“Feedback”). You may submit Feedback by emailing Us at email@example.com. You acknowledge and agree that if You submit any Feedback to Us, You hereby grant to Us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that You own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
28 Contact Us
If You do not understand any of the foregoing terms and conditions or if You have any questions or comments, please contact Us by email at firstname.lastname@example.org.