Version 2026-07-28. These terms apply when you place an order through Ordivity, and in particular when you choose delivery by an independent driver.
1. Who you are buying from
1.1 Your contract is with the outlet, not with Ordivity. Ordivity (Loyivity) provides the ordering technology. The food is prepared, sold and supplied by the independent business you ordered from (the Outlet). The Outlet is the supplier for the purposes of the Consumer Protection Act.
1.2 Ordivity does not prepare, handle, sell or deliver food, and does not employ the people who do.
2. Delivery by an independent driver
2.1 Where you choose delivery on the driver network, your order is delivered by an independent contractor engaged by the Outlet. That driver is not an employee or agent of Ordivity, and the delivery agreement is between the driver and the Outlet.
2.2 Every driver on the network has been verified in person by a participating outlet: identity document, driver’s licence, vehicle licence, police clearance and proof of address. You are shown the driver’s photograph and name before you choose, and again once the delivery is confirmed.
3. Sharing your details with the driver — please read
3.1 To deliver your order, your name, delivery address, map pin and phone number are shared with the driver you selected. This happens only for the purpose of delivering that order, and only for the driver actually carrying it.
3.2 The driver can see those details only while the delivery is live. Afterwards their history shows the suburb and the amounts only.
3.3 This sharing is recorded against your order. By placing a delivery order you consent to it. If you would rather not share these details, please choose collection instead.
4. Prices, fees and tips
4.1 Each driver sets their own delivery fee. When you shortlist drivers, every fee is shown to you before you choose. You may rank up to three drivers, and the job is offered to all of them at once.
4.2 The job may go to a more expensive driver on your shortlist. By shortlisting more than one driver you accept the fee of whichever of them takes the job. This is stated plainly here because it is the one place the price you pay is not the first price you saw.
4.3 Tips. You may add a tip as a percentage of the food subtotal. A tip is always optional and zero is always available. A tip goes to the driver. If the delivery fails, the tip is retained by the Outlet as set out in section 6.
4.4 Times are estimates. Preparation and delivery times shown are honest estimates, not guarantees.
5. Payment
Payment is taken by the Outlet through the platform’s payment provider. Ordivity does not hold your money as principal and is not your bank.
6. If a delivery fails
Sometimes a driver who accepted a job does not complete it. This is what happens, in order.
6.1 First, a rescue. The other drivers you shortlisted are offered the job at the fee you already paid. Your total does not change. If one of them takes it, you are shown their photograph and name and the delivery continues.
6.2 If nobody takes it, the Outlet chooses one of three outcomes and you are told which on your order status page:
- A — the Outlet delivers it themselves. You get your order as normal.
- B — you collect it yourself. You get your order, and you receive credit with that Outlet equal to the full amount you paid, including the delivery fee and the tip.
- C — the order is cancelled. You receive credit with that Outlet equal to the full amount you paid, including the delivery fee and the tip.
6.3 You can take cash instead of credit. In outcome C the option to request a cash refund of the full amount you paid is presented on the same screen as the credit, with the same prominence. Choosing it reverses the credit and returns the money through the payment provider you paid with. Nothing here limits any refund you are entitled to by law.
6.4 Credit is held against the Outlet you ordered from and can be used on a future order with that Outlet. It is not transferable between Outlets and is not exchangeable for cash except under 6.3.
7. Cancelling and changing an order
Food is prepared to order. Once the Outlet has accepted your order and started preparing it, it usually cannot be cancelled. The cooling-off right in section 44 of the Electronic Communications and Transactions Act does not apply to perishable foodstuffs. This does not affect your rights if what you receive is defective, unsafe or not what you ordered — those rights are against the Outlet under the Consumer Protection Act.
8. Problems with your order
If there is something wrong with the food, the packaging, the quantity or the delivery, raise it with the Outlet, which is the supplier. Ordivity can help you reach them but cannot resolve a complaint about food it did not prepare or a delivery it did not perform.
9. Indemnity and limits on liability
This section limits what you can claim from Ordivity. It is set out here in plain language, before you order, so that you can read it and decide.
9.1 Ordivity provides the platform only. It is not a party to your purchase of food or to the delivery of it, and it gives no warranty about the quality, safety, fitness or timeliness of either.
9.2 To the fullest extent the law allows, Ordivity is not liable for: the quality, condition, temperature or safety of any food; late, incomplete or failed delivery; the conduct of any Outlet or any driver; or an Outlet’s failure to honour credit. Those claims lie against the Outlet.
9.3 Limit. To the fullest extent the law allows, Ordivity’s total liability to you arising out of any order is limited to the amount you actually paid for that order. Ordivity is not liable for indirect or consequential loss.
9.4 Indemnity. You agree to indemnify Ordivity against any claim, loss or cost arising from your own breach of these terms, from information you supply that is false, or from your misuse of the platform.
9.5 What is not excluded, and cannot be. Nothing in these terms excludes or limits:
- liability for gross negligence or wilful misconduct;
- liability for death or personal injury caused by negligence;
- any right you have under the Consumer Protection Act, including your rights to safe, good quality goods and to a refund where a supplier fails to perform;
- any liability that may not lawfully be excluded or limited.
If any part of this section is found to be unenforceable, the rest of it continues to apply.
10. Your personal information
Your details are processed to take, prepare, deliver and support your order, and are shared with the Outlet and — for a delivery — with the driver, as described in section 3. Delivery location pins are deleted after thirty days. You may ask what is held about you, ask for it to be corrected, and complain to the Information Regulator of South Africa.
11. Governing law
These terms are governed by the law of the Republic of South Africa.
12. Contact
ops@loyivity.com