Terms and Conditions

OnShout Customer
Terms and Conditions

Last updated: [22 October 2025]

Welcome to OnShout! These Terms and Conditions (“Terms”) govern your access to and use of our services, including via our website https://www.onshout.co/ and our app (“Platform”).

1. When these Terms apply

By using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use our services.

The Platform and our services are available to (and these Terms apply to) you as:

(1) a “Gifter”, meaning someone who uses the Platform to contribute to a wishlist item for the relevant Recipient; and/or

(2) a “Recipient”, meaning someone who uses the Platform to set up a digital wishlist and request gifted amounts towards each wishlist item (and who can use the Platform to redeem those gifted amounts for retail e-gift cards).

2. About Us

OnShout Limited (“we”, “us”, “our”) operates a digital gifting platform allowing Gift Starters to set up gift accounts for Recipients, to which Gifters can send monetary gifts that can be redeemed by the Recipients as retail e-gift cards via Prezzee (https://www.prezzee.co.nz/), a third-party digital gift card provider (“Prezzee”).

OnShout Nominees Limited (“Trustee”) holds the gifted amounts for each gift account on bare trust, in a trust bank account in the name of the Trustee, for the relevant Recipient as beneficial owner. The Trustee is a non-trading company that exists solely to hold gifted amounts separately from our own funds. Only the Trustee is authorised to hold gifted amounts, and the Trustee does not act as our agent.

We are not a registered financial service provider and nor is the Trustee, because we operate under an exemption for gift facilities.

The Platform does not involve any bank account, deposit account or debt security being established in your name. The trust account in which gifted amounts are held on bare trust is established in the name of the Trustee, and is an arrangement between the Trustee and the bank. Equivalent monetary value is then recorded by us in each relevant OnShout gift account in accordance with these Terms.

3. User Eligibility

To use OnShout, you must:

Be an individual (not a company or other entity) using the Platform for your own purposes (not as the agent or representative of someone else);
Reside in New Zealand;
Have a valid email address;
Be at least 16 years of age
Complete any other OnShout account set-up or log-in requirements, and provide us with any other information, that we reasonably require at any time; and
Use the Platform only as a gifting facility, and only for lawful, personal, and non-commercial purposes.

We may, subject to applicable law, set other eligibility or user requirements from time to time.
You cannot assign or transfer your rights or obligations under these Terms, or in respect of a gift account, to any other person without our prior agreement.

Subject to applicable law, we (or the Trustee) can act on any instructions reasonably believed to be from you, without any obligation to check or verify those instructions. That means we (or the Trustee) can assume that transactions have been properly authorised whenever the Platform is used with the correct log-in details and otherwise in accordance with these Terms.

4. Gifting Process

A Gifter may contribute to a digital gift for a Recipient through the Platform.

To do this, a Recipient must first set up an OnShout wishlist and nominate a gift value for each item in that wishlist and a gifting period for that wishlist.
Each wishlist is a separate “single use” gifting facility and it is a fixed arrangement (the details of which, including the nominated gift values for the wishlist items, are determined when the wishlist is set up). It is not possible to increase the nominated gift value for a wishlist item, add a new wishlist item, or extend the nominated gifting period, after a wishlist is set up.
Once a wishlist is set up, the Recipient can share details of the wishlist with potential Gifters, who can then make payments towards the wishlist items in that wishlist by a debit or credit card issued by any New Zealand bank or financial institution, during the gifting period for that wishlist, until the nominated gift value for each wishlist item is reached. Gifters cannot make further contributions once the nominated gift value is reached or the gifting period ends, and a wishlist cannot subsequently be re-used or re-credited.
An OnShout wishlist is a gifting facility, and must only be used for this purpose. For instance, Recipients must not make payments towards their own wishlist items.
The total nominated gift value for all wishlists that are (or appear to be) for the benefit of the same Recipient must be less than $3,000 at any time and less than $10,000 in any 12-month period.
A nominated gifting period must be no longer than two months.
We may set other limits or restrictions on the number, value and gifting periods of wishlists from time to time.

Gifted amounts are held on trust until redeemed.

Gifted amounts in respect of each wishlist item are held by the Trustee in a commercial trust account with a registered New Zealand bank on a separate bare trust for the relevant Recipient as the ultimate beneficial owner, in accordance with the declaration of trust and these Terms.
The trust account also holds gifted amounts of other OnShout Recipients (pooled in the same account). We keep detailed records of your transactions, to keep track of your specific gifted amounts. These records enable us to separately identify the beneficial entitlement of each Recipient to the gifted amounts held in the trust account at any time.
You do not receive any interest on gifted amounts held in the trust account. Unless we agree otherwise with you, and if the bank that provides the trust account pays interest on gifted amounts held in the trust account, you agree that the Trustee may pay that interest to us in consideration for our role in administering and operating the trust account records.
Other than the Trustee’s obligation to hold gifted amounts on bare trust for Recipients, the Trustee does not owe you any other duties or obligations.
Once any gifted amount has been withdrawn or debited from the trust account as contemplated by these Terms, it is no longer trust property.
The Trustee may terminate its bare trusteeship at any time by giving written notice of resignation to you and us. The Trustee must then transfer all gifted amounts held on bare trust to the relevant Recipient or (if the relevant Recipient agrees) to a replacement trustee or other party.

Once the nominated gift value is reached or the gifting period ends, the Recipient can then redeem the gifted amounts in a gift account by selecting from available retail e-gift cards fulfilled by Prezzee.

All e-gift card redemptions are subject to Prezzee’s terms and conditions.
Gifted amounts cannot be redeemed in cash, nor for any products or services other than Prezzee retail e-gift cards.
We may set limits or restrictions on the number and value of redemptions that can be made, or the types of e-gift cards for which gifted amounts can be redeemed.
You agree that the Trustee will apply gifted amounts to give effect to any redemption initiated or authorised by the relevant Recipient in accordance with these Terms, or any other transaction permitted or contemplated by these Terms (including withdrawing gifted amounts to pay fees to us).
You agree that all instructions given to us in relation to the application of gifted amounts via the Platform, and all other information about your wishlist transactions, may be given to and used by the Trustee for these purposes.
You agree that the Trustee does not have to apply gifted amounts if a transaction is restricted or prohibited under these Terms.
The Trustee can only apply gifted amounts in accordance with these Terms (or as required by law). The Trustee has no independent power, discretion or responsibility in connection with gifted amounts held in the trust account.
The Recipient can access information about the relevant wishlist (including the balance of gifted amounts) on our website or in the app.

5. Prezzee Fulfilment

We partner with Prezzee to deliver e-gift cards.
By redeeming a gift through Prezzee, you agree to Prezzee’s terms and conditions available at: https://www.prezzee.co.nz/policies/terms-of-service/.
We are not responsible for the availability, acceptance, value, or expiry of Prezzee-issued e-gift cards, nor the business or performance of any Prezzee entity or any retailer.
“Prezzee” is a trade mark of PREZZEE LIMITED (NZBN 9429049008357) and its ultimate holding company, PREZZEE PTY LIMITED (ACN 602 963 422), a company incorporated in Australia, and “Prezzee” is not associated in any way with “PREZZY®”, “PREZZY® Card” or EPAY NEW ZEALAND LIMITED (NZBN 9429036203420) and PREZZY® is a registered trade mark of Epay New Zealand Limited.

6. Fees and Payment

We charge a service fee of 1.5% of each gifted amount plus the payment services provider fees of 2.7% + 30c. This fee may be paid by the relevant Gifter in addition to the gifted amount, or deducted from the gifted amounts before redemption by the relevant Recipient.
Despite any other provision of these Terms, a Recipient’s right to redeem gifted amounts is limited to the net amount received in respect of the relevant wishlist item (the total gifted amounts for that wishlist item less any outstanding fees and charges).
No additional fees are charged to Recipients for redeeming gifted amounts.
Fees and charges are subject to change.
Payment processing for sending gifted amounts towards a wishlist item is handled securely via our third-party payment providers. Reasonable payment processing times apply.
All fees and charges are in New Zealand dollars (NZD), inclusive of GST where applicable.

7. Refunds and Cancellations

Gifted amounts are available only for redemption by the relevant Recipient or as otherwise described in section 4 above.
Once a gifted amount is paid by a Gifter towards a wishlist item, it cannot be repaid, cancelled or refunded to any Gifter, except as required under applicable law.
If the Recipient does not redeem any gifted amount, it will remain in the relevant gift account for 36 months and the relevant gift account will then be closed.

8. Your Responsibilities

You must not:

Use the Platform for unlawful or fraudulent purposes.
Provide false or misleading information.
Attempt to access a gift account without authorisation.

9. Privacy

We collect and use your personal information in accordance with our Privacy Policy which is available at https://www.onshout.co/privacy-policy/. By using OnShout, you consent to our handling of your personal information as outlined in that policy.

10. Liability

Nothing in this clause limits or contracts out of your rights under applicable consumer law, including the Consumer Guarantees Act 1993.

Subject to applicable law, the Platform and our services are provided on the following basis:

our services may be subject to limitation, delays, maintenance, downtime, outages and other problems inherent in the use of digital products, and we cannot promise that our services will be error-free or available without disruption;
we cannot guarantee that our systems will be free from cyber attacks, viruses, malware or similar harmful programming routines;
information sent over the internet may not be completely secure;
we do not verify all instructions and we cannot identify all fraudulent activity (for instance, if gift account details have been exposed because of phishing); and
we may delay, block or reverse a transaction, or suspend or terminate your access to our services, in accordance with these Terms.

Additionally, subject to applicable law, we are not liable for any losses or expenses caused by things beyond our reasonable control, including:

any problems with Prezzee’s services or the products and services of third-party e-gift card merchants (including the availability, acceptance, value, or expiry of Prezzee-issued e-gift cards, and the business or performance of any Prezzee entity or any retailer);
any other problems with third party devices, products, services or networks, or any other actions or omissions by a third party that could not reasonably have been prevented by us;
third party fees or charges;
any failure or insolvency of the trust account bank;
any error by you or any other user (such as inputting incorrect transaction details);
anything resulting from a breach of these Terms by you or any other user;
anything required to comply with legal or regulatory requirements, or maintain the security of our services; and
any fraud or unauthorised transaction that could not reasonably have been prevented by us.

To the maximum extent permitted by law, our liability to you is limited to the amount you paid for the specific gift in question.

11. Suspension and termination

We may delay, block or reverse a transaction if:

your instructions are unclear or inconsistent;
we reasonably suspect an unauthorised transaction;
the transaction would exceed any applicable limit or restriction;
we reasonably need to investigate the transaction for the purposes of risk management or regulatory compliance; or
we need to do so to comply with applicable law.

We may suspend or terminate your access to the Platform if:

we reasonably believe that you have breached, or are likely to breach, these Terms;
we reasonably believe that a breach of any of our legal or regulatory obligations has happened (or is likely to happen); or
we reasonably hold concerns about security or fraud.

You may stop using the Platform at any time.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of any change either by a direct communication with you (such as an email) or by a notification on our website or our app.

You may stop using the Platform at any time, but continued use of the Platform after any change means you accept the updated Terms.

The latest version of these Terms is available via our website and our app.

We may not update any of these Terms that relate to the Trustee without the Trustee’s prior agreement.

13. Notices and communications

We will communicate with you: by email; by text; by messaging functionality in the app or the website; by other electronic means; by letting you know that you can access information in the app or via the website; by post; by phone; or in person. We will usually communicate by electronic means.

We will use the contact details most recently provided to us or that we reasonably believe to be correct.

You must let us know promptly if your contact details change, including by updating the relevant details in the app or the website.

Any electronic communication will be taken to be received on the day it is sent. Any postal communication will be taken to be received 4 business days after it is sent. Any other communication will be taken to be received when delivered.

You can contact us through the app or the website. We can also be contacted by email at [email protected].

14. Governing Law

These Terms are governed by the laws of New Zealand. You agree to submit to the non-exclusive jurisdiction of the New Zealand courts.

Shout for Smarter Gifting.

OnShout Customer Terms and Conditions