Terms of Service.

These Terms of Service ("Terms") form a binding agreement between Alivo ("Alivo", "we", "us", "our") and every person or business that uses the Alivo platform ("you", "your").

By creating an account, placing an order, or onboarding a venue onto Alivo, you agree to these Terms, the Acceptable Use Policy, and the Privacy Policy. If you do not agree, do not use the platform.

Alivo is a real-time in-venue ordering and payment platform. Customers scan a QR code at a participating venue, place orders through the Alivo app, and pay through the app. Payments are processed by Paystack. Alivo is the platform that connects customers and venues. Alivo is not the seller of food, drinks, or other goods, and is not the liquor or food-safety licence holder.

• You must be 18 or older to create a customer account.
• Venues must be registered businesses holding all licences required for their operations (liquor, food safety, entertainment, municipal).
• You are responsible for keeping your login credentials secure. Any activity under your account is your responsibility.
• You must provide accurate information at signup and keep it updated.
• We may refuse or close any account at our discretion if these Terms or the Acceptable Use Policy are breached.

• A customer opens the Alivo app at a participating venue and scans a QR code linked to their table or seat.
• The customer selects items from the venue's menu and submits an order.
• On the first order, the customer authorises the use of their payment card. The card is tokenised through Paystack. Alivo does not store card numbers.
• Further orders during the same visit add to the running tab tracked in Alivo's database.
• At checkout or walk-out, Alivo charges the full outstanding tab through Paystack using the stored authorisation.
• Payment processing fees are charged by Paystack to Alivo. Alivo passes on the Alivo platform fee to the venue, not to the customer.

Venues using Alivo must:

• Hold and maintain all licences required by South African law for their operations.
• Only list goods and services the venue is lawfully permitted to sell.
• Ensure menu prices, descriptions, and alcohol content are accurate.
• Fulfil every order that is paid for by a customer through the platform.
• Handle customer complaints and refund requests in line with the Consumer Protection Act 68/2008.
• Comply with the Acceptable Use Policy, the Privacy Policy, and all instructions issued by Alivo regarding operator duties under POPIA.
• Not use Alivo to process payments for anyone other than themselves.

• Use only payment cards that belong to you and that you are authorised to use.
• Do not place orders you do not intend to pay for.
• Do not dispute or chargeback transactions in bad faith. Bad-faith chargebacks may result in account closure and recovery action.
• Provide accurate personal and payment information.
• Comply with the Acceptable Use Policy.

• Alivo charges the venue a platform fee on each transaction. The fee is disclosed to the venue at onboarding and in the venue dashboard.
• Paystack charges its own processing fee. Paystack's terms apply to payment processing.
• Venue settlements are handled via Paystack subaccounts. Alivo does not hold venue funds in its own accounts beyond the time reasonably required to settle.
• Alivo may withhold settlement of specific transactions where fraud, a chargeback, or a suspected Acceptable Use Policy breach is being investigated.
• Changes to fees will be notified to venues at least 30 days in advance, unless a regulatory requirement requires faster change.

• Refunds and returns are governed by South African consumer law, including the Consumer Protection Act 68/2008 where it applies.
• The venue is responsible for deciding refund outcomes in the first instance.
• Where a customer and venue cannot agree, Alivo may mediate. Alivo's decision in that mediation is not a legal adjudication and does not remove your rights under law.
• Chargebacks raised by the issuing bank follow Paystack's chargeback process. Both venues and customers must cooperate with evidence requests.

Use of the platform is also governed by the Acceptable Use Policy. Breach of that policy is also a breach of these Terms.

• The Alivo name, logo, app, website, and underlying software are owned by Alivo. You may not copy, modify, reverse-engineer, or resell any part of the platform without written permission.
• Content uploaded by venues (menus, descriptions, images) remains the property of the venue. Venues grant Alivo a licence to display and process that content only for the purpose of running the platform.
• Customer data belongs to the customer. Alivo processes it in line with the Privacy Policy and POPIA.

Alivo relies on third parties for payments (Paystack), hosting, analytics, and other services. Each third party has its own terms. Your use of features that depend on third parties is also subject to those third-party terms.

• We work to keep the platform available, but we do not guarantee uninterrupted service.
• We may change, suspend, or remove features at any time, with reasonable notice where practical.
• Scheduled maintenance will be communicated in advance where possible.

• You may close your account at any time through the app or by emailing us.
• We may suspend or terminate access if you breach these Terms, the Acceptable Use Policy, or the Privacy Policy, or if we are required to do so by law.
• Termination does not remove obligations that accrued before termination, including payment of outstanding amounts.

• To the fullest extent permitted by South African law, Alivo is not liable for indirect, incidental, or consequential losses arising from use of the platform.
• Nothing in these Terms limits or excludes liability for fraud, gross negligence, or any liability that cannot lawfully be excluded under the Consumer Protection Act 68/2008 or other SA law.
• Alivo's total liability to any user in any 12-month period, in so far as liability may lawfully be capped, is limited to the platform fees paid by that user to Alivo during that period, or ZAR 5 000, whichever is lower.

You agree to indemnify Alivo against claims, losses, or costs arising from your breach of these Terms, your breach of the Acceptable Use Policy, or your unlawful use of the platform.

Personal information is handled in line with the Privacy Policy and the Protection of Personal Information Act 4/2013 (POPIA). Venues are appointed as Operators under POPIA s19 to s21 and must comply with the operator obligations set out in the Privacy Policy.

We may update these Terms from time to time. Material changes will be notified to venues by email and to customers via in-app notice. Continued use of the platform after changes means you accept the updated Terms.

• These Terms are governed by the laws of the Republic of South Africa.
• Any dispute arising under these Terms is subject to the non-exclusive jurisdiction of the South African courts.
• Nothing in these Terms removes your rights under the Consumer Protection Act 68/2008 or any other law.

For questions about these Terms, contact: