‍1. Introduction

These Terms and Conditions ("Terms") form an agreement between Feijoa Kiwi Limited (NZBN 9429051344238) trading as Feijoa ("Feijoa", "we", "us" or "our") and you, the individual who registers for or uses any Feijoa services.

Feijoa provides a pay–save platform that facilitates round‑up contributions and retailer‑funded rewards (together "Contributions") into one or more nominated KiwiSaver accounts.

By creating a Feijoa account, accessing the Feijoa mobile or web application ("Feijoa App"), or using any Feijoa service you accept these Terms and agree to comply with them.

2. Definitions

• Account – Your user account with Feijoa, managed through the Feijoa App.
  
• Client Funds Trust Account – A dedicated trust account operated by Feijoa at a registered New Zealand bank. All funds that are held on behalf of a client (including You), such as a Contribution, are held on bare trust by Feijoa (or an independent trustee, for example the bank) for no more than 72 hours (generally 24 hours, except where for example banking holidays delay settlement) in this account before Feijoa remits the funds for crediting to KiwiSaver accounts or refunding.
  
• Contribution – A payment to a KiwiSaver account initiated through:
    • Round-Ups: the spare‑change amount calculated under your round‑up settings;
    • Rewards: a payment made by a Rewards Partner under a Rewards Scheme;
    • Voluntary Top‑Ups: an ad‑hoc amount you instruct Feijoa to debit from your Round‑Up Payment Account and forward to a KiwiSaver account(s); or
    • Gifts: a Contribution funded by another Feijoa user (or third party) and directed to your nominated KiwiSaver account(s).
  
• Feijoa App – The Feijoa mobile or web application available via the Apple App Store, Google Play Store or at feijoa.kiwi.
  
• IRD Number – The New Zealand Inland Revenue Department (IRD) number associated with a KiwiSaver account.
  
• Rewards Partner – A third party that has partnered with Feijoa to offer a Rewards Scheme.
  
• Rewards Scheme – A retailer loyalty or promotion programme under which a Rewards Partner funds Contributions in accordance with separate partner terms.
  
• Round‑Up Payment Account – The NZ bank account you authorise Feijoa (via Akahu or regulated Open Banking APIs) to debit in order to fund Round‑Up Contributions.
  

3. Services Overview

1. Round-Ups – We monitor transactions on your chosen bank account(s) each day. For every transaction we calculate the spare‑change amount in line with your round‑up settings. Each NZ banking day we aggregate that day’s round‑ups and debit the total from your Round‑Up Payment Account into a Feijoa‑managed Client Funds Trust Account. Client funds remain in trust for no more than 72 hours (extended only when for example NZ banking holidays prevent settlement). During this window you may cancel any individual round‑up in the Feijoa App. When the holding period expires, provided you have not cancelled, Feijoa remits the funds (less applicable Fees) for credit to your nominated KiwiSaver account(s). Scheme processing times then apply. Where legally and technically possible Feijoa will refund a processed round‑up amount to your Round‑Up Payment Account if you request it via the Feijoa App, no fees apply to such refunded amounts.
   
2. Akahu Connectivity & Pass‑Through Terms – Feijoa uses Akahu Technologies Limited ("Akahu") to access your bank data and to initiate payments. By connecting an account in the Feijoa App you:
   
   • acknowledge that Akahu will act on your behalf to retrieve account information and initiate payments you authorise;
     
   • agree to the Akahu End User Terms and the Akahu Privacy Notice (together, the "Akahu Terms"), which form part of these Terms by reference;
     
   • authorise Feijoa to share the minimum data necessary with Akahu and authorise Akahu to share your data with Feijoa to provide the Services;
     
   • understand that you may revoke ongoing consent or disconnect accounts at any time via the MyAkahu dashboard (my.akahu.nz), within the Feijoa App or via you connected bank account; and
     
   • agree that Akahu is solely responsible for the services it provides and, to the extent permitted by law, Feijoa is not liable for any loss arising from Akahu’s acts or omissions.
     

1. Rewards – When you transact with a Rewards Partner in the manner required by the relevant Rewards Scheme, the partner may fund a Contribution that Feijoa forwards for credit to your nominated KiwiSaver account(s). A Rewards Partner may include additional terms and conditions that relate to the relevant Rewards Scheme (including vesting or forfeiture requirements for allocated rewards). By participating in a Rewards Scheme you agree to be bound by and abide by such additional terms and conditions.
   
2. Voluntary Top‑Ups / Gifts – You may make ad‑hoc KiwiSaver deposits through the Feijoa App.
   

Feijoa does not:

• hold or manage any KiwiSaver funds - these are held and managed by you KiwiSaver scheme provider;
  
• provide personalised financial advice or recommend KiwiSaver schemes;
  
• guarantee investment performance.

4. Your Responsibilities

• Ensure that every IRD Number you enter in the Feijoa App is correct and linked to an active KiwiSaver account. We may remove a linked IRD number if we reasonably believe that it is not linked to an active KiwiSaver account.
  
• Obtain consent from any person whose KiwiSaver account you nominate to receive Contributions.
  
• Understand that once Feijoa remits a Contribution to the linked KiwiSaver account, Feijoa cannot under any circumstances recover such Contribution. Such Contribution can only be withdrawn from the KiwiSaver account in accordance with KiwiSaver rules and the relevant KiwiSaver scheme policies (e.g. reaching retirement age, first home purchase, hardship). You or the relevant KiwiSaver member will need to contact the relevant KiwiSaver scheme and follow the appropriate process - Feijoa cannot assist in this process.
  
• Maintain sufficient cleared funds in the Round‑Up Payment Account and avoid using a credit‑only or overdraft account. Feijoa will use reasonable endeavours to ensure it does not put your Round-Up Payment account into overdraft, but cannot guarantee that it will not.
  
• You are responsible for any fees, taxes or other charges You incur as a result of Feijoa initiating a Round-Up, Rewards or other Contribution or Your use of the Services.
  
• Ensure the Feijoa App is correctly configured to distribute Reward and/or Round‑Up Contributions exactly as you intend, including checking any split rules and nominated recipients.
  
• Review pending Round‑Up amounts and pause or cancel them before they are processed if you do not wish them to proceed.
  
• Keep your Feijoa App credentials secure and notify us immediately of any suspected unauthorised access.
  
• You agree that you will:
  
  • receive all notices, disclosures and other communications from Feijoa electronically (via the Feijoa App, email, SMS or other internet‑based method);
    
  • not rely on any statement or representation from Feijoa except as set out expressly in these Terms;
    
  • remain responsible for any taxes, costs or other losses you incur through use of the Feijoa services; and
    
  • comply with all applicable law (including AML/CFT requirements). You acknowledge Feijoa monitors transactions and may refuse, cancel or void Contributions or suspend your Account if it reasonably suspects unauthorised, fraudulent or unlawful activity.
    
• You represent and warrant that:
  
  • you are a New Zealand citizen or permanent resident and at least 18 years of age;
    
  • every IRD Number you configure in the Feijoa App is correct and linked to a KiwiSaver account; if the IRD Number does not belong to you, you have obtained the account‑holder’s consent to receive Contributions; and
    
  • all information you provide to Feijoa is accurate and kept up to date.
    
• Account Use & Security
  
  • Your Account is personal to you; you must not allow anyone else to use it or act on behalf of another person.
    
  • You are responsible for all activity on your Account. Feijoa will act on any instruction received through your Account and may treat its records as conclusive evidence of those instructions.
    
  • Feijoa may suspend or close your Account (giving notice where reasonably able) if it believes your security is compromised, detects unauthorised or unlawful use, or is required to do so by law or a regulator. Feijoa is not responsible for any loss you suffer arising from such suspension or closure.

5. Contributions

1. Irrevocability. Once a Contribution has been processed by Feijoa it cannot be recalled or reversed. If you supplied an incorrect IRD Number the funds may be lost or treated as unclaimed money.
   
2. Timing. Contributions are normally forwarded to your KiwiSaver account within two NZ banking days of being debited from your Round‑Up Payment Account or received from a Rewards Partner. Actual crediting to your KiwiSaver schemes is subject to third party processing times.
   
3. Returned Purchases. If a purchase that generated a Round‑Up is later refunded by the merchant, Feijoa will not refund or adjust the associated Round‑Up Contribution. You may cancel a pending Round‑Up within 24 hours of the underlying transaction (via the Feijoa App) if you anticipate a return.
   
4. Limits & Compliance. Feijoa may delay, reduce, or cancel a Contribution (and will notify you where lawful) if required to comply with law, including Anti‑Money‑Laundering (AML/CFT) obligations or Inland Revenue directions.
   
5. Feijoa will use reasonable efforts to process each Contribution in accordance with the settings you configure in the Feijoa App. We may, however, need to adjust a Contribution—for example, to account for rounding, or where we discover that the IRD Number you supplied is invalid or is not linked to a KiwiSaver account or where otherwise required by law or a government agency.
   
6. Once a Contribution has been processed by Feijoa, it cannot be reversed or traced. If the IRD Number you provided is invalid, incorrect, or not linked to a KiwiSaver account:
   

• the Contribution may be credited to a different account (or eventually treated as unclaimed money);
  
• the funds are likely to be unrecoverable; and
  
• Feijoa will not be able to disclose the ultimate destination of that Contribution.

6. Fees & How We Make Money

• Round‑Up Fee: 0.5 % of the underlying purchase amount, capped at 15 % of the Round‑Up Contribution.
  
• Partner Fees: Rewards Partners pay Feijoa fees on a per‑user, per‑transaction, or revenue‑share basis.
  
• Licensing, Data & Consultancy Fees: Feijoa may charge KiwiSaver scheme providers, Rewards Partners, or other organisations for white‑label licensing of the Feijoa platform, access to aggregated and anonymised data insights, API or integration services, and bespoke consultancy or campaign support.
  
• Float & Interest: Any interest earned while Contributions are in transit (maximum 3 days) may be retained by Feijoa and helps offset operating costs.

Current Fees are displayed in the Feijoa App. We will give you at least 14 days’ notice of any increase that may adversely affect you.

7. Liability & Indemnity

• Feijoa’s liability to you is limited, to the maximum extent permitted by New Zealand law, to direct losses proved to be caused by our fraud or wilful default. Our aggregate liability in any 12‑month period is capped at the total Fees you paid to Feijoa in that period.
  
• Feijoa is not liable for indirect, consequential, or special loss, loss of profits, or loss caused by events outside our reasonable control (including bank or Inland Revenue outages).
  
• You indemnify Feijoa and our directors, employees, and agents against any third‑party claim or regulatory fine arising from your breach of these Terms or misuse of the Feijoa App.

8. Privacy

Our Privacy Policy explains what personal information we collect, how we use it, and your rights. By using the Feijoa App you consent to that collection and use.

9. Termination & Suspension

• By You: You may close your Account at any time in the Feijoa App.
  
• By Feijoa: We may suspend or terminate your Account with notice if you breach these Terms, fail to pay Fees, engage in fraudulent or unlawful activity, or we are required to do so by law or a regulator. In serious cases we may suspend without prior notice.
  
• On closure any unvested Rewards are forfeited and outstanding Fees become immediately due. Pending Contributions will be processed unless prohibited by law.
  
• Service suspension & maintenance – Feijoa may suspend the Services (in whole or in part) whenever we reasonably consider it necessary — for example, for technical maintenance or upgrades, to comply with law or a regulatory directive, in an emergency, to protect you or us, to safeguard the availability of other services, or because a third‑party provider (such as a bank, Akahu, Inland Revenue, or a cloud vendor) is unavailable.
  
  • From time to time we may ask you to install or accept updates to the Feijoa App in order to continue using the Services.
    
  • The Services are provided on an “as‑is” and “as‑available” basis. To the maximum extent permitted by law, we do not warrant that the Services will be 100 % secure, uninterrupted, or error‑free, and we expressly disclaim all implied warranties or conditions.
    
• Clauses 7 (Liability & Indemnity), 8 (Privacy), 9 (Termination & Suspension), 10 (Intellectual Property), 12 (Complaints & Dispute Resolution), and 13 (Force Majeure) survive expiry or termination of these Terms.

10. Intellectual Property

You acknowledge and agree that:

1. Ownership – Feijoa (or its licensors) owns all intellectual property rights in the Feijoa brand, software, technology, documentation and any related materials ("Feijoa IP").
   
2. No implied rights – Except as expressly set out in these Terms for your personal use of the Services, you have no right, title or interest in Feijoa IP and may not use it without Feijoa’s prior written consent.
   
3. Prohibitions – You must not reverse‑engineer, decompile, disassemble, modify, create derivative works of, or otherwise attempt to extract source code from the Services or any part of them.
   
4. Feedback – If you provide feedback or suggestions about the Services, you assign all associated intellectual property rights to Feijoa without charge.
   
5. Automated access – You must not use robots, spiders, scrapers or other unauthorised automated means (or manual harvesting) to access the Services or extract content without Feijoa’s express permission.

11. Changes to These Terms

We may amend these Terms from time to time. Material changes that negatively affect you will take effect 14 days after we notify you through the Feijoa App or by email. Continuing to use Feijoa after the effective date constitutes acceptance of the updated Terms.

12. Complaints & Dispute Resolution

Complaints & Dispute Resolution

If you are dissatisfied with the Services or these Terms, please email support@feijoa.kiwi or use the in‑app help chat. We will acknowledge your complaint within 5 working days, investigate promptly, and aim to provide a written response within 20 working days.

Feijoa is a member of the independent dispute‑resolution scheme Financial Services Complaints Ltd (FSCL). If you are unhappy with our final response (or we have not responded within 40 working days) you may refer your complaint to FSCL at no cost:
• Website: fscl.org.nz  • Phone: 0800 347 257  • Email: info@fscl.org.nz.

13. Force Majeure

Neither party is liable for delay or failure to perform its obligations (other than payment obligations) caused by events beyond its reasonable control – including natural disasters, power or internet failures, strikes, war, terrorism, civil unrest, pandemic or governmental action ("Force Majeure"). The affected party must promptly notify the other and use reasonable endeavours to resume performance. If a Force Majeure event continues for more than 60 days, either party may terminate these Terms on written notice.

14. General

• These Terms are governed by New Zealand law and you submit to the exclusive jurisdiction of the New Zealand courts.
  
• Consumer rights. If you are a “consumer” for the purposes of the Fair Trading Act 1986 or the Consumer Guarantees Act 1993, nothing in these Terms excludes, restricts or modifies any rights or remedies you have under those Acts that cannot lawfully be excluded.
  
• If any provision is unenforceable it will be modified or severed to the minimum extent necessary; the remainder will remain in force.
  
• You may not transfer your rights or obligations under these Terms without our prior written consent. Feijoa may assign or novate these Terms in connection with a restructuring, sale, or transfer of the Feijoa business.
  
• A delay or failure by Feijoa to enforce its rights is not a waiver of those rights.
  
• Contact us at support@feijoa.kiwi or via the Feijoa App support chat.
  

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© 2025 Feijoa Kiwi Limited. All rights reserved.

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