1. TERMS AND CONDITIONS
Welcome to Feejoa, New Zealand's first online site rewarding loyalty with repayments to your student loan. These terms apply to your use of Feejoa Benefits, to ensure you understand Feejoa and ensure that Feejoa provides a safe service to help repay your student loan.
1.1 Acceptance of terms and conditions: These terms and conditions (Terms) you need to agree to in order to use the website www.feejoa.co.nz (Website), use the benefits provided by Feejoa and become a member of Feejoa. By registering as a member of Feejoa and clicking ‘I agree’ on the registration page, you accept these Terms. If you do not accept these Terms you will not be able to access any of the services provided by Feejoa and you will not be able to be a member of Feejoa.
1.2 Amendment of terms and conditions: As Feejoa operates in a changing commercial, technological and regulatory environment, we may amend these terms and conditions from time to time. Unless otherwise stated, amendments will be effective immediately upon posting of the amended terms and conditions on this Website. You are responsible for ensuring you are familiar with the latest Terms. If you do not terminate your membership with Feejoa, you will be bound by the updated Terms.
These terms and conditions were last updated 17 September 2014.
1.3 Terminology: In these terms and conditions, the following expressions have the meanings set out:
Feejoa means Feejoa Limited
Feejoa members means an individual person that has registered as a member of Feejoa and agreed to the Feejoa User Terms;
Feejoa Benefits means benefits available to a Feejoa Member including:
(i) the convenience of having one membership that can be used for loyalty schemes of various merchants that Feejoa has arranged to provide the Feejoa Services to; and
(ii) the convenience of one set of personal details that can be managed by the individual through which aggregated repayments can be made to the nominated student loan account.
Feejoa dollars means the dollars that will be repaid to the members Student Loan.
Merchant means retailer or service provider who has a relationship with Feejoa.
Student Loans means the loan to a student as defined by the Inland Revenue Department, New Zealand
2. SPECIFIC WARNINGS
2.1 The Services: Feejoa provides a venue to introduce Merchants who want to reward member's loyalty with repayments to their student loans. Feejoa does not take any part in the sale of items other than by providing our Website as a gateway for Merchants, the Inland Revenue Department and members. We do not act as agent for either party and do not participate in any sale or transaction between you and Merchants.
2.2 At your own risk: Transactions and all other contact between you and Merchants are conducted entirely at your own risk. You agree that Feejoa takes no responsibility or liability for any misconduct of any of its Merchants. Feejoa gives no undertakings, representations, or warranties in relation to Services and Products listed on the Website:
about ownership of any item;
as to the content, safety, description, worthiness, quality, or legality of the Products and Services that are listed on the Website;
as to the accuracy or truth of listings;
that any Product or Service will meet your requirements or expectations.
2.3 Disclaimer: You acknowledge and agree that:
Feejoa make no warranties that the Website or Feejoa Benefits will meet your requirements or that the Website and Feejoa Benefits will operate uninterrupted, secure or error–free;
Feejoa or Feejoa Representatives will not have any liability, on any legal basis whatsoever, to you or any third person for any indirect, special, exemplary, incidental or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, arising out of or related to your use of the Website or the Feejoa Benefits;
Feejoa is not responsible for the acts or omissions of any Merchant and, to the extent permitted under applicable law you hereby release Feejoa and Feejoa Representative from any and all claims or liability related to or arising from the acts or omissions of any Merchant.
2.4 Liability: You agree that, to the maximum extent permitted by law, any and all liability and responsibility of Feejoa to you or any other person under or in connection with these terms and conditions, or in connection with the services, this Website, another Member's acts or omissions, or your use of or inability to use, the services or this Website, is excluded regardless of whether such liability arises in contract, tort (including negligence), equity, breach of statutory duty or otherwise. Feejoa's liability and responsibility is excluded in respect of any and all loss or damage, whether direct or indirect, including, without limitation, loss of profits, loss of data, loss of business or anticipated savings, general and special damages, and consequential and incidental loss.
2.5 Indemnity: You agree to release, indemnify and keep indemnified us from and against all actions, claims, costs (including legal costs and expenses), losses, proceedings, damages, liabilities, or demands suffered or incurred by us to any person arising out of or in connection with your failure to comply with these terms and conditions.
2.6 Breach: Without limiting any other rights and remedies available to Feejoa, Feejoa may limit your activities on the Website, suspend or terminate your membership, if you breach these terms and conditions or where Feejoa considers it appropriate.
3. BECOMING A MEMBER
3.1 Becoming a Member: Becoming a member is free. You may only register as a member if you have a student loan or are offering to be a benefactor to a member who has a student loan (unless specifically authorised by us in writing) and can form a legally binding contract that is enforceable against you. You must be at least 18 years old. By registering as a member, you warrant that you can form a legally binding contract.
3.2 Accurate Information: You warrant that you have provided complete, accurate and current personal information when registering as a member. You must maintain and update your personal information held by Feejoa to ensure it is kept current at all times. Feejoa may phone or mail you to verify these details. You must not register as a member under multiple identities or personas (whether false or not).
3.3 Termination of membership: Feejoa reserves the right to decline to register or to terminate your membership without entering into further discussions with you. Without limiting the foregoing, Feejoa may terminate your membership if a serious complaint or multiple complaints are received about you from Merchants or the Inland Revenue Department, if you breach these terms and conditions, if the Inland Revenue Department informs Feejoa that you do not have a student loan, or if we, at our sole discretion, deem your behaviour to be unacceptable. Members who have registered under multiple aliases will have all of their aliases disabled. In the event of termination, you also agree that you will not open or attempt to open any new Feejoa memberships.
You must terminate your Feejoa membership if your student loan is repaid. You may at any time close your Feejoa membership by giving us three days' notice in writing. If you close your membership, or if it is terminated by Feejoa, your ability to use the Feejoa website will end. To the extent that you continue to access the site, clauses 2.2-2.5, 4.1 and 6.8 of these terms continue to apply.
3.4 Security of your login information: You are responsible for keeping your login information, including your email address and password, secret and secure. Without limiting the foregoing, you agree:
not to permit any other person to use your user name or membership; and
not to disclose, or provide to any other person, your password, email address, date of birth or any other information in connection with your membership that may allow them to gain access to your membership.
3.5 Emails and newsletters: Feejoa will send you emails relating to your membership, transactions and other activities on the Website, and for promoting and marketing other Feejoa products and Services to you. Feejoa may also send regular electronic newsletters to members. Newsletters will contain clear and obvious instructions for how you can unsubscribe from the mailing list.
4. GENERAL RULES
All transactions made through Feejoa shall be made in good faith.
You must not damage, interfere with or harm the Website, or any network, or system underlying or connected to them, or attempt to do so.
You may not use a robot, spider, scraper or other unauthorised automated means to access the Website or information featured on it for any purpose.
You are responsible for any actions taken through your membership. Feejoa memberships are not transferable and therefore cannot be sold, leased, lent or traded without specific written authorisation from Feejoa.
5. FEES AND ACCOUNTS
5.1 Feejoa Service Fee
Feejoa charges 15% service fee for the use of the Website as a gateway which will be deducted from your account on a monthly basis prior to payment to the Inland Revenue.
Feejoa reserves the right to change the fees charged for any of our Services at any time. In the event that we introduce a new Service, the fees for that Service are effective at the launch of the Service, unless otherwise stated.
If you are a New Zealand resident, then all fees are inclusive of GST and in New Zealand dollars unless otherwise stated. If you are not a New Zealand resident, then all fees are, unless otherwise stated, in New Zealand dollars and do not include GST. Unless otherwise stated in these terms and conditions, no interest or other financial charges will be applied to Feejoa account balances.
5.2 Feejoa Accounts
Feejoa will maintain an amount that exceeds the aggregate face value of members' Feejoa accounts (less any amounts that have been cancelled, redeemed, or forfeited in accordance with these terms and conditions) in a separate bank account. Feejoa acknowledges and declares that all amounts deposited in that separate bank account are held on trust for members, such that each member has the right to a proportion of the separate bank account equal to the face value of his or her Feejoa account. Feejoa may deduct amounts from the separate bank account as contemplated by these terms and conditions, and reserves the right to retain any interest earned on amounts deposited in the separate bank account.
If your membership is terminated Feejoa will make a final payment to the Inland Revenue towards your student loan. No refund will be made to the member. If your membership is removed due to breach of our terms and conditions it is at our discretion whether you are eligible for this final payment
Feejoa will ensure that, at all reasonable times, an electronic statement is available to you (on your 'check my contributions' page) that contains the following information:
- the balance of your Feejoa account; and
- payments made to the Inland Revenue on your behalf; and
- records of the past 2000 transactions of your Feejoa account, or all transactions in the preceding 1000 days if your Feejoa account has recorded fewer than 2000 transactions for that period; and
- this statement: "The use of this account (including the conditions relating to closing the account and receiving a refund of unused deposits) is governed by Feejoa’s Terms and Conditions.
6. GENERAL PROVISIONS
6.1 System Integrity: Feejoa will use its reasonable endeavours to ensure the availability of the Website and Services, subject to any downtime required for maintenance. However, Feejoa takes no responsibility for any system unavailability, or for any loss that is incurred as a result of Website or Services being unavailable. Further, Feejoa assumes no responsibility for the corruption of any data or information held by Feejoa.
6.2 Resolution of disputes: As Feejoa is not a party to any sale or transaction between you and a Merchant, you agree not to involve, or attempt to involve, Feejoa in any dispute or in the resolution of disputes that arise between you and a Merchant as a result of the Services provided.
6.3 Force Majeure: Without prejudice to clause 2.3(a), Feejoa has no liability for any lack of performance, unavailability or failure of the Services or the Website, or for any failure of Feejoa to comply with these terms and conditions where the same arises from any cause reasonably beyond the control of Feejoa.
6.4 No Waiver: If we do not exercise or enforce any right available to us under these terms and conditions, it does not constitute a waiver of those rights.
6.5 Partial Invalidity: If any provision of these terms and conditions becomes or is held to be invalid, unenforceable or illegal for any reason, and in any respect, that provision shall be severed from the remaining terms and conditions, which shall continue in full force and effect.
6.6 Governing Law: These terms and conditions are governed by the laws of New Zealand. You submit to the non-exclusive jurisdiction of the Courts of New Zealand.
6.7 Intellectual Property Rights: Feejoa (and its licensors or suppliers, as the case may be) owns all proprietary and intellectual property rights in the Website (including text, graphics, logos, icons and sound recordings) and the software and other material underlying and forming part of the Services and the Website
6.8 You may not without our prior written permission, in any form or by any means:
- Adapt, reproduce, copy, store, distribute, print, display, perform, publish or create derivative works from any part of this Website; or
- Commercialise, copy, or on-sell any information, or items obtained from any part of this Website
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