Consumer Terms of Service

1. About Fidella and these terms

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

1.2 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, and our Acceptable Use Policy. Together these form the agreement between you and us.

1.3 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 (Schedule 2 of the Competition and Consumer Act 2010 (Cth)). Where any provision of these Consumer Terms is inconsistent with such a right, that provision does not apply to the extent of the inconsistency. See clause 13.

2. Eligibility

2.1 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.

2.2 You must provide accurate account information and keep it current.

2.3 The relationship between you and 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

3.1 You are responsible for activity that occurs under your account and for keeping your login credentials secure. Tell us promptly at support@fidella.app if you suspect unauthorised use.

3.2 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.

3.3 You may hold a single identity across multiple Merchants. Each Merchant only receives the customer data necessary to operate its own loyalty programme (see clause 9 and the Privacy Policy).

4. Loyalty, rewards, vouchers, and tiers

4.1 Merchants — not Fidella — design their own loyalty programmes, including how stamps and points are earned, what rewards are offered, reward values, tiers, and any promotion terms. Fidella displays these rules but does not set them.

4.2 Stamps, points, rewards and tier status you earn have no monetary value, are not property, are not transferable except where the feature expressly allows, and cannot be exchanged for cash unless required by law. A voucher you paid for is different: clause 5 governs it.

4.3 A Merchant may change or discontinue its loyalty programme. Where a Merchant ends a programme or leaves Fidella, you will no longer be able to earn stamps or points with that Merchant, and that Merchant will no longer appear publicly on Fidella. Stamps, points, rewards and vouchers you have already collected are retained, your membership record remains visible to you, and rewards and vouchers you already hold remain redeemable with that Merchant. Fidella cannot compel a Merchant that has ceased trading to honour them; where you paid for something you cannot use, clause 13 (your statutory consumer rights) applies.

4.4 Where Fidella shows an approval step for a spend-like redemption, the redemption is only completed once you approve it. You are responsible for approvals made from your account.

4.5 Vouchers and offers follow the status the Merchant sets (for example draft, published, archived) 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.

4.6 Paid vouchers and offers. Where you buy a voucher or offer through Fidella, clause 5 governs the purchase and any refund.

5. Paying for vouchers and offers

5.1 What you are buying. A paid voucher or offer is a prepayment for goods or services from the Merchant that issued it, redeemable with that Merchant on the terms it sets. It is not e-money, not a bank deposit, and not a payment instrument accepted outside Fidella. Fidella holds the amount you pay until you redeem the voucher, and then settles it to that Merchant.

5.2 Payment processing. Purchases are processed by our third-party payment processor. You authorise us and our payment processor to process the payment and related data needed to complete and reconcile the transaction.

5.3 Refunds of unused vouchers. You may ask us to refund a voucher only where all of the following are true: you bought it yourself; you still hold it; it has not been redeemed; and it has not been gifted, transferred, reissued, or expired. A voucher you received as a gift or transfer is not refundable to you, and a voucher you have sent to someone else is no longer refundable to you — the value is no longer yours to be returned.

5.4 How we handle a refund request. Every request is reviewed before any payment is made, and we may ask for verification or carry out anti-fraud checks. An approved refund is returned to your original payment card for the full amount you paid; we do not refund part of a voucher, refund to a different person or method, or replace the value with anything else. Where a card refund is not possible we record the refund as pending and use an alternative traceable method.

5.5 This is not your only remedy. Clause 5.3 governs refunds of value you have not used. It does not limit your non-excludable rights under the Consumer Guarantees Act 1993 or Fair Trading Act 1986 (NZ) or the Australian Consumer Law, including a remedy from a Merchant for goods or services that were faulty or not as described — see clause 13.

6. Transfers and gifting

6.1 Where the feature is available, you may transfer a voucher you hold or send one as a gift to another person. Transfers may be subject to limits, holding periods, expiry of unclaimed transfers, and verification steps that we apply to reduce fraud and money-laundering risk.

6.2 You are responsible for sending transfers and gifts to the correct recipient. Once a transfer is claimed it generally cannot be reversed except as required by law or under our refund process.

6.3 Gifts and refunds. Like a gift card, a gift cannot be refunded. If you receive a voucher as a gift or transfer it is not refundable to you, and if you send one you can no longer seek a refund of what you sent. Clause 5 sets out who may ask for a refund and on what.

7. Wallet passes

7.1 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.

7.2 Removing a pass does not close your account, and does not forfeit any stamps, points, rewards or vouchers you hold.

8. Acceptable use

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

8.2 We may suspend or close an account, reverse improperly obtained balances, or withhold redemptions where we reasonably suspect a breach of clause 8.1, fraud, or a legal or security risk. Where we do so we will act proportionately and, where practicable and lawful, tell you why.

9. Your data and privacy

9.1 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).

9.2 Participating Merchants receive only the customer data necessary to operate their loyalty interactions with you, under a limited licence and subject to their own obligations. Each Merchant is responsible for its own handling of your information once it receives it.

10. Intellectual property

10.1 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. The IP, Trademark & Brand Protection Statement applies.

10.2 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 from Fidella except to the extent the law permits despite this restriction.

10.3 If you give us feedback or suggestions, we may use them without restriction or any obligation to you.

11. Service availability and changes

11.1 We work to keep Fidella available but provide it on an "as is" and "as available" basis. We do not promise that it will be uninterrupted, error-free, or always secure. This clause is subject to clause 13.

11.2 We may add, change, or remove features. Where a change materially reduces a core function you rely on, we will give reasonable notice through the app or by email where practicable.

12. Suspension and closing your account

12.1 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, and does not by itself refund a voucher you have already bought — clause 5 governs that.

12.2 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. Where the closure is not due to your breach, any unused vouchers you hold are handled under clause 5 and applicable law.

13. Your statutory consumer rights (NZ and Australia)

13.1 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 in these Consumer Terms limits those guarantees or your rights under the Fair Trading Act 1986.

13.2 Australia. If you are in Australia, our services come with guarantees that cannot be excluded under the Australian Consumer Law. For a major failure with a service you are entitled to a remedy; and you are entitled to compensation for any other reasonably foreseeable loss or damage. Nothing in these Consumer Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy that the law says cannot be excluded, restricted, or modified.

13.3 Where the law permits us to limit our liability for a breach of a non-excludable guarantee, our liability for the supply of our platform services is limited, at our option, to resupplying the services or paying the cost of having them resupplied.

13.4 Problems with goods or services you get from a Merchant. Your statutory consumer rights always survive. 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 Consumer Guarantees Act 1993 and Fair Trading Act 1986 (NZ) or the Australian Consumer Law — however you redeemed the value, whether with a voucher, a reward, or value you received as a gift. 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 has been redeemed and the corresponding funds 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. We are not the supplier of the Merchant's goods or services and are not responsible for their quality or for providing that remedy. Equally, a Merchant must not refuse, withhold, or reduce a remedy it owes you under consumer law on the basis that you used a voucher or received the value as a gift.

14. Liability

14.1 Clause 14 operates subject to clause 13 and applies only to the extent the law allows.

14.2 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.

14.3 To the extent permitted by law, our total aggregate liability to you arising out of or in connection with the agreement 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 (or its equivalent in your local currency).

14.4 Nothing in these Consumer Terms excludes liability that cannot lawfully be excluded, including for fraud, or for death or personal injury caused by negligence.

15. Changes to these terms

15.1 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.

16. Governing law and disputes

16.1 These Consumer Terms are governed by the laws of New Zealand. 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 clause deprives you of the protection of the mandatory consumer laws of your place of residence or of access to your local courts and regulators.

16.2 Before starting formal proceedings, we encourage you to contact us at legal@fidella.app so we can try to resolve the matter. You may also have access to a dispute-resolution scheme or regulator in your country (for example the Commerce Commission or Disputes Tribunal in New Zealand, or the ACCC or a state consumer-affairs body in Australia).

17. General

17.1 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, together with the policies referenced in clause 1.2, are the entire agreement between you and us for your consumer use of Fidella.

18. Contact

Kiwana Labs Limited (NZBN 9429050289325) K007, 219 Don McKinnon Drive, Albany, Auckland 0632, New Zealand General/support: support@fidella.app · Legal notices: legal@fidella.app · Privacy: privacy@fidella.app