{"id":135,"date":"2026-01-14T16:05:54","date_gmt":"2026-01-14T16:05:54","guid":{"rendered":"https:\/\/afritivity.co.za\/?page_id=135"},"modified":"2026-05-11T09:45:11","modified_gmt":"2026-05-11T09:45:11","slug":"user-agreement","status":"publish","type":"page","link":"https:\/\/ordivity.com\/iso-639-1\/user-agreement\/","title":{"rendered":"User Agreement"},"content":{"rendered":"\n

Flava Machines (Pty) Ltd, owner of the website, LOYIVITY<\/strong><\/p>\n\n\n\n

USER AGREEMENT \/ TERMS OF SERVICE<\/strong><\/p>\n\n\n\n

DEFINITIONS<\/h1>\n\n\n\n

The following definitions apply throughout this Agreement:<\/p>\n\n\n\n

    \n
  • \u201cAccount\u201d means the Loyivity account registered by a Vendor to access and use the Services.<\/li>\n\n\n\n
  • \u201cCustomer\u201d means any end-user, buyer, or individual who interacts with, browses, or purchases from a Vendor\u2019s Store on the Loyivity Platform.<\/li>\n\n\n\n
  • \u201cCustomer Data\u201d means all personal information, behavioural data, transaction records, contact details, preferences, communications, and any other data collected from or about Customers through the Platform, regardless of whether the data was submitted by the Customer directly, generated by their interactions, or derived through analytics.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cVendor Data\u201d means the Vendor\u2019s own business information, product listings, pricing, branding assets, and internal configurations uploaded to the Platform.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cPlatform\u201d means the Loyivity website, applications, APIs, tools, and all related infrastructure operated by Loyivity.<\/li>\n\n\n\n
  • \u201cData Protection Laws\u201d means all applicable data protection and privacy legislation, including but not limited to: the Protection of Personal Information Act, 2013 (POPIA) of South Africa; the General Data Protection Regulation (EU) 2016\/679 (GDPR); the UK General Data Protection Regulation (UK GDPR); the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA); the Lei Geral de Prote\u00e7\u00e3o de Dados (LGPD) of Brazil; the Personal Data Protection Act (PDPA) of Singapore; the Privacy Act 1988 (Australia); and any successor legislation, implementing regulations, or equivalent laws in any jurisdiction where the Platform operates or where Customers are located.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cPersonal Information\u201d has the broadest meaning ascribed to it under any applicable Data Protection Laws (including \u201cpersonal data\u201d under GDPR, \u201cpersonal information\u201d under POPIA and CCPA, and equivalent terms under other applicable legislation).<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cProcess\u201d \/ \u201cProcessing\u201d means any operation performed on Personal Information, including collection, recording, organisation, storage, adaptation, retrieval, consultation, use, disclosure, dissemination, erasure, or destruction.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cServices\u201d means all features, tools, functionality, hosting, checkout, analytics, communications, and other capabilities provided by Loyivity through the Platform.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cVendor\u201d \/ \u201cYou\u201d \/ \u201cYour\u201d means the individual or entity that registers for and maintains a Loyivity Account.<\/li>\n\n\n\n
  • \u00a0<\/strong>\u201cLoyivity\u201d \/ \u201cWe\u201d \/ \u201cUs\u201d means Flava Machines Pty Ltd, owner of the website known \u00a0as Loyivity<\/li>\n<\/ul>\n\n\n\n

    1. Account Terms<\/h1>\n\n\n\n

    You are responsible for your Account, the Materials you upload, and the operation of your Loyivity Store. If you violate these terms, Loyivity may cancel your service access. Communication will be via your Primary Email Address.<\/p>\n\n\n\n

    To access and use the Services, you must register for a Loyivity account. Registration requires your full legal name, business address, phone number, valid email, and other required information. Loyivity may reject or cancel accounts at its sole discretion.<\/p>\n\n\n\n

    You must be at least 18 years old or the age of majority in your jurisdiction.<\/p>\n\n\n\n

    Services are provided for business purposes only, not personal, household, or family use.<\/p>\n\n\n\n

    You are responsible for keeping your password secure. Loyivity is not liable for loss or damage due to security failures on your part.<\/p>\n\n\n\n

    Technical support is provided only to Loyivity Users. Questions about these Terms should be sent to Loyivity Support.<\/p>\n\n\n\n

    You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission.<\/p>\n\n\n\n

    You agree not to circumvent technical limitations, process orders outside Loyivity Checkout, or reverse engineer the Services.<\/p>\n\n\n\n

    Automated access (robots, spiders, scrapers) is prohibited.<\/p>\n\n\n\n

    Materials may be transferred unencrypted and adapted to technical requirements. \u201cMaterials\u201d include trademarks, copyright content, products, services, and any business content or data provided to Loyivity. For the avoidance of doubt, \u201cMaterials\u201d does not include Customer Data, which is governed exclusively by Section 12 of this Agreement.<\/p>\n\n\n\n

    2. Account Activation<\/h1>\n\n\n\n

    2.1 Owner<\/h2>\n\n\n\n

    Only one person can be the \u201cOwner,\u201d responsible for the Account and actions of others accessing it. If you sign up on behalf of your employer, your employer is the Owner.<\/p>\n\n\n\n

    Loyivity automatically creates certain accounts for payment acceptance. You are responsible for activating\/deactivating these accounts and complying with their terms (including third parties like PayPal, Stripe, Square, Payfast, Flutterwave, DPO Pay, Paystack , Yoco or any additional payment providers).<\/p>\n\n\n\n

    Any domain purchased through Loyivity will auto-renew unless you opt out.<\/p>\n\n\n\n

    2.2 Staff Accounts<\/h2>\n\n\n\n

    Depending on your pricing plan, you can create staff accounts for others to access your Account. The Owner sets permissions and is responsible for staff actions.<\/p>\n\n\n\n

    Staff accounts are subject to the same data access restrictions as the Owner. The Owner shall not grant staff access to Customer Data beyond what is necessary for order fulfilment, and the Owner remains fully liable for any misuse of Customer Data by staff account holders.<\/p>\n\n\n\n

    2.3 Payment Gateways<\/h2>\n\n\n\n

    Upon sign-up, Loyivity may create payment gateway accounts (Payfast, Flutterwave, DPO Pay, Paystack and Yoco) on your behalf. You are responsible for activating, maintaining, or deactivating these accounts. These are Third Party Services.<\/p>\n\n\n\n

    2.4 Domain Names<\/h2>\n\n\n\n

    Domains purchased through Loyivity will auto-renew annually unless you deactivate this feature.<\/p>\n\n\n\n

    3. Loyivity Rights<\/h1>\n\n\n\n

    Loyivity controls service availability and may modify services at any time. Materials may be refused or removed if they violate the Acceptable Use Policy or these Terms.<\/p>\n\n\n\n

    Abuse of Loyivity employees or officers will result in immediate account termination.<\/p>\n\n\n\n

    In case of account ownership disputes, Loyivity may request documentation and determine rightful ownership, or suspend the account until resolved.<\/p>\n\n\n\n

     <\/strong>Loyivity reserves the right to audit Vendor accounts at any time, with or without notice, to verify compliance with these Terms, including but not limited to data handling practices, Customer Data access patterns, and compliance with Data Protection Laws. Vendors shall cooperate fully with any such audit within a reasonable timeframe.<\/p>\n\n\n\n

    4. Your Responsibilities<\/h1>\n\n\n\n

    You are responsible for your Loyivity Store, goods\/services sold, and customer relationships.<\/p>\n\n\n\n

    You must provide public-facing contact information, terms of service, refund policy, and shipping policies on your Store.<\/p>\n\n\n\n

    Contracts of sale are directly between you and your customers; Loyivity is not the seller or merchant of record.<\/p>\n\n\n\n

    You must comply with all applicable laws and regulations.<\/p>\n\n\n\n

    Use of Loyivity API is subject to API Terms.<\/p>\n\n\n\n

    You agree to use Loyivity checkout process for all sales.<\/p>\n\n\n\n

    4.1 Vendor Data Handling Obligations [NEW]<\/h2>\n\n\n\n

    In addition to the general obligations above, you specifically agree to the following:<\/p>\n\n\n\n

      \n
    • You shall not collect, store, or process Customer Personal Information outside of the Loyivity Platform except as strictly necessary for order fulfilment (e.g., shipping), and only for the duration required to complete that specific transaction.<\/li>\n\n\n\n
    • \u00a0<\/strong>You shall not use Customer Data obtained through the Platform for any purpose unrelated to fulfilling orders placed through your Loyivity Store, including but not limited to: unsolicited marketing, sale or licensing of data to third parties, profiling, automated decision-making, or building independent customer databases.<\/li>\n\n\n\n
    • You shall not attempt to contact Customers for the purpose of directing them to transact outside the Loyivity Platform.<\/li>\n\n\n\n
    • You shall implement and maintain reasonable technical and organisational security measures to protect any Customer Data you access through the Platform.<\/li>\n\n\n\n
    • You shall immediately notify Loyivity of any actual or suspected data breach involving Customer Data within 24 hours of becoming aware of such breach.<\/li>\n\n\n\n
    • Violation of this Section 4.1 constitutes a material breach of this Agreement and may result in immediate termination of your Account without notice or refund.<\/li>\n<\/ul>\n\n\n\n

      5. Payment of Fees and Taxes<\/h1>\n\n\n\n

      A valid payment method must remain on file for all service fees. Subscription fees are billed every 30 days. Transaction and additional fees are charged as incurred.<\/p>\n\n\n\n

      If payment fails, Loyivity may suspend your account. Outstanding fees must be paid for reactivation.<\/p>\n\n\n\n

      All fees are exclusive of applicable taxes. You are responsible for determining, collecting, and remitting taxes.<\/p>\n\n\n\n

      Loyivity does not provide refunds.<\/p>\n\n\n\n

      Access to tax calculation or filing tools is subject to additional terms.<\/p>\n\n\n\n

      6. Confidentiality<\/h1>\n\n\n\n

      Both parties agree to use Confidential Information only to perform obligations under these Terms. Confidential Information must be protected with no less than reasonable care. For the avoidance of doubt, Customer Data is not Confidential Information of the Vendor; Customer Data is the property and Confidential Information of Loyivity and\/or the individual Customers, and is governed exclusively by Section 12 of this Agreement.<\/p>\n\n\n\n

      7. Limitation of Liability and Indemnification<\/h1>\n\n\n\n

      Loyivity is not responsible for damages or lawsuits arising from your breach of law, these Terms, or third-party rights. Services are provided \u201cas is\u201d and \u201cas available\u201d without warranties.<\/p>\n\n\n\n

      You agree to indemnify and hold harmless Loyivity, its directors, officers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: (a) your breach of these Terms; (b) your violation of any applicable law, regulation, or third-party right; (c) your customer transactions; (d) any unauthorised use, disclosure, or mishandling of Customer Data by you, your staff, or any third party acting on your behalf; and (e) any Data Protection Law violation arising from your processing of Customer Data.<\/p>\n\n\n\n

      The indemnification obligations in this section shall survive termination of this Agreement and shall remain in full force for a period of three (3) years following termination, or such longer period as required by applicable Data Protection Laws.<\/p>\n\n\n\n

      8. Intellectual Property and Your Materials<\/h1>\n\n\n\n

      Anything you upload remains yours, but Loyivity receives a non-exclusive, worldwide, royalty-free license to use and publish it for service operation and promotion.<\/p>\n\n\n\n

      You waive moral rights in Materials in favour of Loyivity to the extent permitted by applicable law.<\/p>\n\n\n\n

      Loyivity may review and delete Materials at any time.<\/p>\n\n\n\n

      You may not use Afritivity or Loyivity trademarks or confusingly similar marks without written authorisation.<\/p>\n\n\n\n

      For the avoidance of doubt, Customer Data does not constitute \u201cMaterials\u201d and the license granted in this section does not extend to Customer Data. Customer Data is governed exclusively by Section 12.<\/p>\n\n\n\n

      9. Additional Services<\/h1>\n\n\n\n

      Loyivity may offer additional services, products, and tools, subject to these Terms or additional terms.<\/p>\n\n\n\n

      Use of third-party services is at your own risk. Loyivity is not responsible for third-party providers or services.<\/p>\n\n\n\n

      Beta services may be offered and are not part of regular services; use at your own risk.<\/p>\n\n\n\n

      10. Feedback and Reviews<\/h1>\n\n\n\n

      Loyivity welcomes feedback but is under no obligation to keep suggestions confidential or compensate you. By submitting feedback, you waive all rights to it.<\/p>\n\n\n\n

      11. Intellectual Property Infringement<\/h1>\n\n\n\n

      Loyivity respects intellectual property rights. Posting infringing content violates the Acceptable Use Policy and may result in removal or termination.<\/p>\n\n\n\n

      12. Privacy, Data Protection, and Customer Data<\/h1>\n\n\n\n

      THIS SECTION IS THE CORE DATA GOVERNANCE FRAMEWORK OF THIS AGREEMENT. IT SUPERSEDES ANY CONFLICTING PROVISION ELSEWHERE IN THESE TERMS.<\/strong><\/p>\n\n\n\n

      12.1 Data Ownership and Classification [REVISED]<\/h2>\n\n\n\n

      All Customer Data collected through, generated by, or derived from the Platform is and shall remain the exclusive property of Loyivity. For the purposes of all applicable Data Protection Laws, the parties acknowledge and agree to the following:<\/p>\n\n\n\n

        \n
      • Loyivity is the Controller (as defined under GDPR\/UK GDPR), Responsible Party (as defined under POPIA), Business (as defined under CCPA), or equivalent data steward under all other applicable Data Protection Laws, with respect to all Customer Data collected through the Platform.<\/li>\n\n\n\n
      • The Vendor is a limited-purpose Processor (GDPR\/UK GDPR), Operator (POPIA), Service Provider (CCPA), or equivalent, permitted to access and process Customer Data solely to the extent required for order fulfilment and direct store operations as described in this Agreement.<\/li>\n\n\n\n
      • Customer Data includes, without limitation: names, email addresses, phone numbers, physical addresses, payment method identifiers, purchase history, browsing behaviour, loyalty programme data, reward balances, preferences, communications with the Vendor through the Platform, and any other data collected through the Platform\u2019s forms, checkout processes, analytics tools, or customer accounts.<\/li>\n<\/ul>\n\n\n\n

        Vendors do not acquire any ownership interest, intellectual property right, license, or proprietary claim over Customer Data at any time, whether during or after the term of this Agreement. The Vendor\u2019s access to Customer Data is a revocable privilege, not a right, and is contingent upon the Vendor\u2019s continued compliance with this Agreement and all applicable Data Protection Laws.<\/p>\n\n\n\n

        12.2 Permitted Use of Customer Data [NEW]<\/h2>\n\n\n\n

        During the term of an active, paid subscription in good standing, the Vendor may access and process Customer Data only for the following purposes:<\/p>\n\n\n\n

          \n
        • Fulfilling orders placed through the Vendor\u2019s Loyivity Store (including shipping, delivery, and related communications).<\/li>\n\n\n\n
        • Responding to Customer enquiries and support requests submitted through the Platform\u2019s messaging system.<\/li>\n\n\n\n
        • Operating loyalty programmes, rewards, and promotions configured through the Platform\u2019s tools.<\/li>\n\n\n\n
        • Viewing aggregate, anonymised analytics provided by the Platform\u2019s dashboard (where no individual Customer can be identified).<\/li>\n<\/ul>\n\n\n\n

          Any processing of Customer Data beyond the purposes listed above requires the prior written consent of Loyivity and, where required by applicable Data Protection Laws, the explicit consent of the affected Customer(s).<\/p>\n\n\n\n

          12.3 Prohibited Data Activities [NEW]<\/h2>\n\n\n\n

           <\/strong>The Vendor shall not, under any circumstances:<\/p>\n\n\n\n

            \n
          • Export, download, scrape, copy, or extract Customer Data from the Platform in bulk or in any systematic manner.<\/li>\n\n\n\n
          • Build, compile, or maintain an independent database, mailing list, CRM system, or data repository using Customer Data obtained through the Platform.<\/li>\n\n\n\n
          • Sell, license, rent, share, trade, disclose, or otherwise transfer Customer Data to any third party for any purpose whatsoever.<\/li>\n\n\n\n
          • Use Customer Data for direct marketing or communications outside the Platform unless the Customer has provided separate, specific, informed, and freely given consent directly to the Vendor outside the Platform, and such consent complies with all applicable Data Protection Laws.<\/li>\n\n\n\n
          • Use Customer Data for profiling, automated decision-making, credit scoring, or any form of algorithmic processing that produces legal or similarly significant effects on the Customer.<\/li>\n\n\n\n
          • Attempt to re-identify, de-anonymise, or reverse-engineer any anonymised or aggregated data provided by the Platform.<\/li>\n\n\n\n
          • Retain Customer Data beyond the period strictly necessary for a specific, identified, and lawful purpose.<\/li>\n\n\n\n
          • Transfer Customer Data to any jurisdiction that does not provide an adequate level of data protection without implementing appropriate safeguards as required by applicable Data Protection Laws (e.g., Standard Contractual Clauses under GDPR, or equivalent mechanisms).<\/li>\n\n\n\n
          • Use the Platform\u2019s communication tools, messaging features, or any Customer contact information to redirect Customers to external platforms, competing services, or off-platform transaction channels.<\/li>\n<\/ul>\n\n\n\n

            Violation of any prohibition in this section constitutes a material breach of this Agreement. Loyivity reserves the right to immediately suspend or terminate the Vendor\u2019s Account, revoke all data access, pursue legal remedies including injunctive relief, and report the violation to the relevant Data Protection Authority.<\/p>\n\n\n\n

            12.4 Data Access Revocation and Termination [NEW]<\/h2>\n\n\n\n

            Upon termination, cancellation, suspension, or expiry of the Vendor\u2019s subscription or Account for any reason:<\/p>\n\n\n\n

              \n
            • All Vendor access to Customer Data shall be revoked immediately and automatically.<\/li>\n\n\n\n
            • The Vendor shall have no right to request, receive, download, export, or otherwise obtain any Customer Data, whether in whole or in part, in any format.<\/li>\n\n\n\n
            • Customer Data shall not be included in any data export, account download, backup, or migration package provided to the Vendor.<\/li>\n\n\n\n
            • Any Customer Data the Vendor has previously accessed or obtained through the Platform must be securely deleted or destroyed by the Vendor within seven (7) calendar days of termination, including all copies, backups, and derivatives, in all systems, databases, and media under the Vendor\u2019s control.<\/li>\n\n\n\n
            • The Vendor shall, within fourteen (14) calendar days of termination, provide Loyivity with a signed written certification confirming the complete and irreversible deletion or destruction of all Customer Data in the Vendor\u2019s possession or control. This certification must be signed by the Account Owner or an authorised officer of the Vendor\u2019s business.<\/li>\n\n\n\n
            • Loyivity reserves the right to audit the Vendor\u2019s compliance with this section for a period of twelve (12) months following termination.<\/li>\n<\/ul>\n\n\n\n

              For the avoidance of doubt: the Vendor\u2019s customers remain customers of the Loyivity Platform. Customer relationships established through the Platform do not transfer to the Vendor upon termination. Customers may continue to use the Platform and may choose to engage with other Vendors.<\/p>\n\n\n\n

              12.5 Vendor Data Portability [NEW]<\/h2>\n\n\n\n

              Upon termination, the Vendor may request an export of Vendor Data (as defined in the Definitions section). Vendor Data exports shall include:<\/p>\n\n\n\n

                \n
              • Product listings, descriptions, and pricing.<\/li>\n\n\n\n
              • The Vendor\u2019s own business profile information.<\/li>\n\n\n\n
              • Aggregate, anonymised transaction summaries (e.g., total revenue, unit counts) that do not identify individual Customers.<\/li>\n<\/ul>\n\n\n\n

                Vendor Data exports shall expressly exclude all Customer Data, including but not limited to: customer names, email addresses, phone numbers, physical addresses, order-level detail attributable to an identifiable Customer, loyalty balances, and any other Personal Information.<\/p>\n\n\n\n

                Vendor Data export requests must be submitted within thirty (30) calendar days of termination. Loyivity shall fulfil valid requests within a reasonable timeframe, not to exceed thirty (30) calendar days.<\/p>\n\n\n\n

                12.6 Customer Rights and Data Subject Requests [NEW]<\/h2>\n\n\n\n

                Loyivity recognises and upholds the rights of Customers under all applicable Data Protection Laws, including but not limited to:<\/p>\n\n\n\n

                  \n
                • The right of access \/ right to know (GDPR Art. 15; POPIA s.23; CCPA \u00a71798.100).<\/li>\n\n\n\n
                • The right to rectification \/ correction (GDPR Art. 16; POPIA s.24).<\/li>\n\n\n\n
                • The right to erasure \/ deletion \/ right to be forgotten (GDPR Art. 17; POPIA s.24; CCPA \u00a71798.105).<\/li>\n\n\n\n
                • The right to restrict or object to processing (GDPR Art. 18, 21; POPIA s.11(3)).<\/li>\n\n\n\n
                • The right to data portability (GDPR Art. 20).<\/li>\n\n\n\n
                • The right not to be subject to automated decision-making (GDPR Art. 22; POPIA s.71).<\/li>\n\n\n\n
                • The right to opt out of the sale or sharing of personal information (CCPA \u00a71798.120).<\/li>\n\n\n\n
                • The right to non-discrimination for exercising data rights (CCPA \u00a71798.125; POPIA s.9).<\/li>\n<\/ul>\n\n\n\n

                  Loyivity shall process all data subject requests centrally. If a Vendor receives a data subject request directly from a Customer, the Vendor shall forward it to Loyivity within 48 hours and shall not attempt to fulfil the request independently unless expressly instructed to do so by Loyivity in writing.<\/p>\n\n\n\n

                  Where a Customer exercises the right to erasure or deletion, Loyivity shall instruct the Vendor to delete the relevant Customer Data from its systems. The Vendor shall comply within seven (7) calendar days and confirm deletion in writing.<\/p>\n\n\n\n

                  12.7 Data Breach Notification [NEW]<\/h2>\n\n\n\n

                  In the event of any actual or reasonably suspected breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Customer Data (\u201cData Breach\u201d):<\/p>\n\n\n\n

                    \n
                  • The Vendor shall notify Loyivity without undue delay and in any event within twenty-four (24) hours of becoming aware of the Data Breach.<\/li>\n\n\n\n
                  • The notification shall include: (i) the nature and scope of the breach; (ii) the categories and approximate number of affected Customers; (iii) the likely consequences; and (iv) the measures taken or proposed to address and mitigate the breach.<\/li>\n\n\n\n
                  • Loyivity shall determine whether and how to notify affected Customers and relevant Data Protection Authorities, in accordance with applicable notification timelines (e.g., 72 hours under GDPR Art. 33; as soon as reasonably possible under POPIA s.22).<\/li>\n\n\n\n
                  • The Vendor shall cooperate fully with Loyivity\u2019s investigation and remediation efforts and shall not make any public statement about the Data Breach without Loyivity\u2019s prior written approval.<\/li>\n\n\n\n
                  • The Vendor shall bear all costs and liabilities arising from a Data Breach caused by the Vendor\u2019s acts, omissions, negligence, or breach of this Agreement.<\/li>\n<\/ul>\n\n\n\n

                    12.8 International Data Transfers [NEW]<\/h2>\n\n\n\n

                    Customer Data may be stored and processed in jurisdictions outside the Customer\u2019s country of residence, in accordance with this section.<\/p>\n\n\n\n

                    Where Customer Data is transferred from the European Economic Area (EEA), the United Kingdom, or Switzerland to a jurisdiction not recognised as providing an adequate level of data protection, Loyivity shall ensure appropriate safeguards are in place, including: Standard Contractual Clauses (SCCs) as approved by the European Commission, binding corporate rules, or other legally recognised transfer mechanisms.<\/p>\n\n\n\n

                    Where Customer Data is transferred from South Africa, Loyivity shall ensure compliance with Section 72 of POPIA, including that the recipient is subject to a law, binding agreement, or binding corporate rules providing an adequate level of protection.<\/p>\n\n\n\n

                    Vendors shall not independently transfer Customer Data to any jurisdiction outside the jurisdiction in which it was collected without Loyivity\u2019s prior written authorisation and without ensuring all applicable cross-border data transfer requirements are satisfied.<\/p>\n\n\n\n

                    12.9 Data Retention [NEW]<\/h2>\n\n\n\n

                    Loyivity shall retain Customer Data for as long as necessary to fulfil the purposes for which it was collected, to comply with legal obligations, and to protect its legitimate interests. Specific retention periods are set out in the Loyivity Privacy Policy.<\/p>\n\n\n\n

                    The Vendor shall not retain Customer Data for longer than is strictly necessary, and in any event no longer than 90 calendar days from the date of the relevant transaction, unless a longer period is required by applicable law (e.g., tax record-keeping). Upon the earlier of: (a) the Vendor no longer needing the data; or (b) the expiry of the 90-day period, the Vendor shall securely delete the Customer Data.<\/p>\n\n\n\n

                    12.10 Subprocessors and Third-Party Sharing [NEW]<\/h2>\n\n\n\n

                    The Vendor shall not engage any subprocessor, subcontractor, or third-party service provider to process Customer Data without Loyivity\u2019s prior written authorisation.<\/p>\n\n\n\n

                    Where authorisation is granted, the Vendor shall ensure the subprocessor is bound by written data protection obligations no less protective than those in this Agreement, and the Vendor shall remain fully liable for the acts and omissions of any authorised subprocessor.<\/p>\n\n\n\n

                    12.11 Representations and Warranties [NEW]<\/h2>\n\n\n\n

                    The Vendor represents and warrants that:<\/p>\n\n\n\n

                      \n
                    • It shall comply with all applicable Data Protection Laws in its processing of Customer Data.<\/li>\n\n\n\n
                    • It has implemented and shall maintain appropriate technical and organisational measures to ensure a level of security appropriate to the risk, including: encryption of Personal Information in transit and at rest; access controls and authentication mechanisms; regular security testing; and staff training on data protection.<\/li>\n\n\n\n
                    • It shall process Customer Data only on documented instructions from Loyivity, and shall immediately inform Loyivity if an instruction infringes applicable Data Protection Laws.<\/li>\n\n\n\n
                    • It shall ensure that persons authorised to process Customer Data have committed to confidentiality or are under an appropriate statutory obligation of confidentiality.<\/li>\n\n\n\n
                    • It shall make available to Loyivity all information necessary to demonstrate compliance and shall allow for and contribute to audits conducted by Loyivity or an auditor mandated by Loyivity.<\/li>\n<\/ul>\n\n\n\n

                      12.12 Governing Privacy Policy [REVISED]<\/h2>\n\n\n\n

                      The collection, use, and protection of Personal Information by Loyivity is further governed by the Loyivity Privacy Policy (https:\/\/ordivity.com\/privacy-policy) and the POPIA Compliance Statement (https:\/\/ordivity.com\/privacy). In the event of conflict between this Agreement and the Privacy Policy, this Agreement shall prevail. The Privacy Policy shall be updated to reflect changes in applicable Data Protection Laws, and the most current published version shall apply.<\/p>\n\n\n\n

                      13. Loyivity Contracting Party and Jurisdiction<\/h1>\n\n\n\n

                      The contracting party is Loyivity (Flava Machines Pty Ltd).<\/p>\n\n\n\n

                      Jurisdiction: These Terms are governed by the laws of the Republic of South Africa. The parties irrevocably submit to the exclusive jurisdiction of the South African courts. Notwithstanding the foregoing, Loyivity reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction worldwide to protect its rights, including protection of Customer Data.<\/p>\n\n\n\n

                      Where a Vendor or Customer is located in the EEA, United Kingdom, or any jurisdiction with mandatory consumer protection or data protection laws that cannot be waived by contract, nothing in these Terms shall limit the rights of such person under those mandatory laws.<\/p>\n\n\n\n

                      14. Term and Termination<\/h1>\n\n\n\n

                      You may cancel your Account at any time by contacting Loyivity Support.<\/p>\n\n\n\n

                      Loyivity may terminate your account at any time, without notice, for any reason.<\/p>\n\n\n\n

                      Upon termination for any reason:<\/p>\n\n\n\n

                        \n
                      • \u00a0<\/strong>All Services cease immediately.<\/li>\n\n\n\n
                      • \u00a0<\/strong>Outstanding fee balances become immediately due and payable.<\/li>\n\n\n\n
                      • \u00a0<\/strong>Your Account and Store are taken offline.<\/li>\n\n\n\n
                      • \u00a0<\/strong>All Vendor access to Customer Data is revoked immediately and irrevocably, per Section 12.4.<\/li>\n\n\n\n
                      • \u00a0<\/strong>You may request an export of Vendor Data (excluding Customer Data) per Section 12.5.<\/li>\n\n\n\n
                      • \u00a0<\/strong>You must certify deletion of all Customer Data in your possession within fourteen (14) calendar days, per Section 12.4.<\/li>\n\n\n\n
                      • \u00a0<\/strong>Customer accounts, loyalty balances, purchase histories, and all Customer Data remain on the Platform and are unaffected by Vendor termination.<\/li>\n<\/ul>\n\n\n\n

                        Termination does not relieve you of obligations incurred prior to termination, including outstanding fees, indemnification, data deletion, and confidentiality obligations.<\/p>\n\n\n\n

                        The following sections survive termination: Definitions; Section 4.1; Section 6; Section 7; Section 8; Section 12 (entire); Section 13; this Section 14; Section 15; and Section 17.<\/p>\n\n\n\n

                        15. Dispute Resolution [NEW]<\/h1>\n\n\n\n

                        The parties agree to attempt to resolve any dispute through good-faith negotiation for thirty (30) calendar days from the date one party notifies the other.<\/p>\n\n\n\n

                        If not resolved, either party may refer the dispute to mediation administered by the Arbitration Foundation of Southern Africa (AFSA), or for international disputes, the ICC Mediation Rules.<\/p>\n\n\n\n

                        If mediation does not resolve the dispute within sixty (60) calendar days, either party may commence litigation per Section 13. Nothing in this section prevents either party from seeking urgent interim relief at any time.<\/p>\n\n\n\n

                        Any dispute relating to misuse, unauthorised access, or breach of Customer Data obligations may be referred directly to litigation or regulatory action without first attempting negotiation or mediation, given the time-sensitive nature of data protection matters.<\/p>\n\n\n\n

                        16. Modifications<\/h1>\n\n\n\n

                        Loyivity reserves the right to update these Terms at any time. For material changes (including changes to Section 12, data handling obligations, or pricing), Loyivity shall provide at least thirty (30) calendar days\u2019 advance notice via email. Non-material changes may be made without prior notice.<\/p>\n\n\n\n

                         <\/strong>Continued use after the effective date constitutes acceptance. If you disagree, your sole remedy is to terminate your Account before the effective date, subject to Section 14.<\/p>\n\n\n\n

                        17. General Conditions<\/h1>\n\n\n\n

                        These Terms constitute the entire agreement between you and Loyivity, superseding all prior agreements.<\/p>\n\n\n\n

                        These Terms are binding upon the parties and their respective successors and permitted assigns.<\/p>\n\n\n\n

                        If any provision is held invalid, the remaining provisions continue in full force and effect.<\/p>\n\n\n\n

                         <\/strong>No failure or delay by either party in exercising any right shall constitute a waiver. A waiver on one occasion does not extend to any subsequent occasion.<\/p>\n\n\n\n

                        The Vendor may not assign, transfer, or sublicense this Agreement without Loyivity\u2019s prior written consent. Loyivity may assign this Agreement in connection with a merger, acquisition, or sale of substantially all its assets.<\/p>\n\n\n\n

                        Nothing in this Agreement creates a partnership, joint venture, agency, franchise, or employment relationship between the parties.<\/p>\n\n\n\n

                        On termination, certain sections survive as specified in Section 14.<\/p>\n\n\n\n

                        ACKNOWLEDGEMENT<\/h1>\n\n\n\n

                        By creating a Loyivity Account, clicking \u201cI Agree,\u201d or using any Loyivity Services, the Vendor acknowledges that they have read, understood, and agree to be bound by all provisions of this Agreement, including without limitation the data protection and Customer Data provisions of Section 12<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

                        Flava Machines (Pty) Ltd, owner of the website, LOYIVITY USER AGREEMENT \/ TERMS OF SERVICE DEFINITIONS The following definitions apply throughout this Agreement: 1. Account Terms You are responsible for your Account, the Materials you upload, and the operation of your Loyivity Store. If you violate these terms, Loyivity may cancel your service access. Communication…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"pmpro_default_level":"","footnotes":""},"class_list":["post-135","page","type-page","status-publish","hentry","pmpro-has-access"],"_links":{"self":[{"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/pages\/135","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/comments?post=135"}],"version-history":[{"count":2,"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/pages\/135\/revisions"}],"predecessor-version":[{"id":1464,"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/pages\/135\/revisions\/1464"}],"wp:attachment":[{"href":"https:\/\/ordivity.com\/iso-639-1\/wp-json\/wp\/v2\/media?parent=135"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}