Consumer Terms of Service

1. About Fidella and these terms

Fidella is a digital loyalty platform. It lets you collect stamps and points at participating businesses ("Merchants"), redeem rewards and vouchers, and carry loyalty passes in Apple Wallet or Google Wallet.

By creating an account, scanning a Fidella code, adding a Fidella pass to your wallet, or otherwise using Fidella, you agree to these Consumer Terms, our Privacy Policy, our Acceptable Use Policy, and any other policies referenced here.

These Consumer Terms do not limit any rights you have that cannot be excluded under law, including the Consumer Guarantees Act 1993 and Fair Trading Act 1986 (New Zealand) and the Australian Consumer Law. Where any provision is inconsistent with such a right, that provision does not apply to the extent of the inconsistency (see section 12).

2. Eligibility

• You must be 16 years or older to create a Fidella account. At signup you must truthfully select your age band; accounts that declare an age under 16 cannot be completed. We do not knowingly collect the personal information of children under 16.
• You must provide accurate account information and keep it current.
• Your relationship with a Merchant for the goods or services you buy or redeem is between you and that Merchant. Fidella provides the technology; it is not the seller of the Merchant’s goods or services except where Fidella is expressly identified as the supplier.

3. Your account

• You are responsible for activity under your account and for keeping your login credentials secure. Tell us promptly at support@fidella.app if you suspect unauthorised use.
• We use a third-party identity provider to authenticate you; your use of the sign-in process is also subject to that provider’s applicable terms.
• You may hold a single identity across multiple Merchants. Each Merchant only receives the customer data necessary to operate its own loyalty programme (see the Privacy Policy).

4. Loyalty, rewards, vouchers, and tiers

• Merchants — not Fidella — design their own loyalty programmes, including how stamps and points are earned, what rewards are offered, reward values, tiers, and promotion terms. Fidella displays these rules but does not set them.
• Stamps, points, rewards, vouchers, and tier status have no monetary value, are not property, are not transferable except where a feature expressly allows, and cannot be exchanged for cash unless required by law.
• A Merchant may change or discontinue its loyalty programme. Where a Merchant ends a programme or leaves Fidella, your ability to earn or redeem with that Merchant may stop.
• Where Fidella shows an approval step for a spend-like redemption, the redemption completes only when you approve it. You are responsible for approvals made from your account.
• Vouchers and offers follow the status the Merchant sets and any stated expiry, usage limit, or conditions. We render both a QR code and a text code for each voucher; either may be used.

5. Paid vouchers and offers

Where a Merchant offers a paid voucher or offer, you buy it through our third-party payment processor. A Fidella voucher is issued and redeemable at the Merchant that published it.

• Refunds of a paid voucher may be requested by the original purchaser only, and only for a voucher they still hold that has not been redeemed, gifted, transferred, reissued, or otherwise used. Approved refunds are returned to the original payment card and are reviewed before payment is made.
• A voucher you received as a gift or transfer is not refundable to you.
• If you have a problem with the goods or services a voucher is for, that is a matter between you and the Merchant (see section 12). Your non-excludable consumer rights are unaffected.

6. Wallet passes

• Fidella passes for Apple Wallet and Google Wallet are provided under those providers’ terms in addition to these Consumer Terms. We store a persistent pass token to keep your pass working; you can remove a pass from your device at any time.
• Removing a pass does not close your account.

7. Acceptable use

You must comply with our Acceptable Use Policy. In summary: do not use Fidella unlawfully, fraudulently, or to gain rewards you are not entitled to; do not interfere with, probe, or attempt to bypass the security of the platform; and do not misuse QR codes, voucher codes, or wallet credentials.

We may suspend or close an account, reverse improperly obtained value, or withhold redemptions where we reasonably suspect a breach, fraud, or a legal or security risk. Where we do, we act proportionately and, where practicable and lawful, tell you why.

8. Your data and privacy

• We handle your personal information in accordance with our Privacy Policy, which explains what we collect, how we use it, your choices, and your rights under the Privacy Act 2020 (New Zealand) and the Privacy Act 1988 and Australian Privacy Principles (Australia).
• Participating Merchants receive only the customer data necessary to operate their loyalty interactions with you, under a limited licence, and are responsible for their own handling of your information.

9. Intellectual property

• Fidella, the Fidella name and logo, the platform, and all associated software, content, and design are owned by Kiwana Labs Limited or its licensors and are protected by intellectual-property laws.
• We grant you a limited, revocable, non-exclusive, non-transferable licence to use Fidella for your personal, non-commercial use as a customer of participating Merchants. You must not copy, modify, reverse engineer, resell, or create derivative works except to the extent the law permits despite this restriction.
• If you give us feedback or suggestions, we may use them without restriction or obligation to you.

10. Service availability and changes

• We work to keep Fidella available but provide it on an "as is" and "as available" basis. We do not promise it will be uninterrupted, error-free, or always secure. This is subject to section 12.
• We may add, change, or remove features. Where a change materially reduces a core function you rely on, we give reasonable notice through the app or by email where practicable.

11. Suspension and closing your account

• You may close your account at any time using the in-app account tools or by contacting support@fidella.app. Closing your account is subject to the data and retention rules in the Privacy Policy.
• We may suspend or close your account where you materially breach these Consumer Terms or the Acceptable Use Policy, where required by law, or to address a security or fraud risk.

12. Your statutory consumer rights (NZ and Australia)

New Zealand: if you acquire Fidella as a consumer under the Consumer Guarantees Act 1993, that Act gives you guarantees that cannot be excluded. Nothing here limits those guarantees or your rights under the Fair Trading Act 1986.

Australia: if you are in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing here excludes, restricts, or modifies any consumer guarantee, right, or remedy that the law says cannot be excluded.

Problems with goods or services from a Merchant: if something you get from a Merchant is faulty, not as described, or otherwise breaches a consumer guarantee, you may be entitled to a repair, replacement, or refund under the laws above — however you redeemed the value. That remedy is owed by the Merchant who supplied the goods or services, not by Fidella. Fidella provides the technology and acts only as the settlement vehicle: once value is redeemed and the corresponding funds are settled to the Merchant, those funds have left Fidella, and we do not claw them back, re-credit them, or fund the Merchant’s remedy. Equally, a Merchant must not refuse or reduce a remedy it owes you on the basis that you used a voucher or received it as a gift.

13. Liability

• This section operates subject to section 12 and applies only to the extent the law allows.
• To the extent permitted by law, we are not liable for indirect, incidental, special, or consequential loss, or for loss of profits, revenue, data, or goodwill, arising out of or in connection with your use of Fidella.
• To the extent permitted by law, our total aggregate liability to you is limited to the greater of (a) the total amounts you paid us in the three (3) months before the event giving rise to the claim, or (b) NZ$100.
• Nothing excludes liability that cannot lawfully be excluded, including for fraud or for death or personal injury caused by negligence.

14. Changes to these terms

We may update these Consumer Terms from time to time. We will post the updated version with a new effective date and, for material changes, give notice through the app or by email. Continued use after the effective date constitutes acceptance. If you do not agree, you may close your account.

15. Governing law and disputes

These Consumer Terms are governed by the laws of New Zealand, and you and we submit to the non-exclusive jurisdiction of the New Zealand courts. If you are a consumer resident in Australia, nothing in this section deprives you of the protection of the mandatory consumer laws of your place of residence or of access to your local courts and regulators.

Before starting formal proceedings, please contact us at legal@fidella.app so we can try to resolve the matter.

16. General

If any provision is found unenforceable, the rest remain in force. Our failure to enforce a provision is not a waiver. You may not assign your rights without our consent; we may assign ours to a successor of our business on notice. These Consumer Terms, with the policies referenced above, are the entire agreement between you and us for your consumer use of Fidella.

17. Contact