Terms and Conditions

1. Definitions

2. Nature of the SME Loyalty Platform

SME Loyalty provides software and digital tools that enable businesses to create and manage their own loyalty programmes.

Important:

• SME Loyalty does not create, issue, manage, or fulfil rewards offered to customers.
• All rewards, promotions, and loyalty benefits:
  • Are created by the Merchant
  • Are issued by the Merchant
  • Are redeemed with the Merchant
  • Are the sole responsibility of the Merchant
• SME Loyalty only provides the software platform enabling subscribing businesses to:
  • Capture customer information
  • Track loyalty activity
  • Notify customers of rewards
  • Issue and process redemptions or refunds where applicable
  • Manage customer records
  • Monitor loyalty programme activity via a business dashboard

SME Loyalty does not guarantee the availability, quality, legality, or redemption of any reward offered by a Merchant. Merchants issuing fake, illegal, misleading, or deceptive promotions are solely responsible for any consequences arising from such actions.

3. Eligibility

To use the Platform:

• You must be 18 years or older.
• Businesses must be legally authorised to operate.
• All registration information must be accurate and complete.

SME Loyalty reserves the right to suspend or terminate accounts providing inaccurate information.

4. Merchant Responsibilities

Businesses using the Platform agree that they:

• Are fully responsible for the rewards and loyalty programmes they create.
• Will honour any rewards or promotions offered to their customers.
• Will not issue fake, illegal, or misleading promotions.
• Will provide accurate descriptions of offers.
• Will comply with all applicable laws and regulations.

SME Loyalty is not responsible for disputes between merchants and their customers regarding rewards, services, or products. SME Loyalty may analyse platform usage and performance data to improve the platform and develop new features, tools, and services for merchants.

5. Customer Responsibilities

Customers using loyalty programmes agree to:

• Use the Platform lawfully.
• Provide accurate information.
• Not manipulate or fraudulently exploit loyalty programmes.
• Not attempt to interfere with the Platform or software.

SME Loyalty reserves the right to suspend accounts involved in fraud or misuse.

5.1. Data Controller Responsibility

Businesses using the SME Loyalty platform act as the Data Controllers of any customer information they collect through their loyalty programmes.

SME Loyalty acts solely as a Data Processor, processing customer data only for the purpose of providing platform services, including customer tracking, rewards management, analytics, and notifications.

Merchants are responsible for ensuring that they have obtained the necessary consent from customers to collect, store, and process their personal information in accordance with applicable laws, including the Protection of Personal Information Act (POPIA).

6. Subscription and Billing

The SME Loyalty Platform operates on a monthly subscription basis for businesses.

By subscribing:

• Businesses gain access to the SME Loyalty software and dashboard.
• Subscription fees are billed monthly.

Businesses may cancel their subscription at any time. When a subscription is cancelled:

• The subscription will remain active until the end of the current billing period.
• Businesses will continue to have access to the Platform until the subscription expiry date.

No refunds are provided for partial months.

7. Referral Programme

SME Loyalty offers a referral incentive programme for businesses.

• If a business refers another business to the Platform, the referring business will receive one (1) month free subscription.
• A referral is successful when:
  • The referred business signs up.
  • Activates its rewards programme.
  • Maintains an active subscription for at least one (1) month.

Once these conditions are met, the free month will automatically apply. There is no limit to the number of businesses that can be referred. Each successful referral results in one additional free month.

Additional rules:

• The additional free month cannot be redeemed for cash or any other benefit.
• If the referring business violates the Terms or deletes its account, all accumulated free months will be forfeited.
• There is no limit to the number of businesses that can be referred. Each successful referral results in one additional free month being awarded, subject to the above rules.

8. Account Deletion and Data Removal

If a business chooses to delete its account:

• All associated data and information will be permanently deleted from the system.
• Deleted information cannot be recovered.

To use the Platform again:

• A new account must be created.
• The business must start from scratch, including setting up its rewards programme and customer database again.

9. Platform Availability

SME Loyalty strives to ensure reliable access but does not guarantee:

• Continuous uptime
• Error-free service
• Immediate resolution of technical issues

SME Loyalty strives to ensure reliable access to the Platform and aims for a service uptime of 99% per calendar month. However, SME Loyalty does not guarantee uninterrupted access, and service may be unavailable due to:

• Scheduled or emergency system maintenance
• Software updates or upgrades
• Network or infrastructure issues beyond SME Loyalty's control
• Force majeure events

SME Loyalty is not liable for any loss, damage, or inconvenience resulting from service interruptions, downtime, or performance degradation.

10. Data Protection and Privacy

SME Loyalty complies with the Protection of Personal Information Act (POPIA). By using the Platform, users consent to the collection and processing of personal information for purposes including:

• Platform functionality
• Loyalty programme management
• Customer engagement
• System analytics and improvements

Personal data will be handled responsibly and securely. Further details are outlined in our Privacy Policy.

11. Communication with Businesses

SME Loyalty may contact businesses who:

• Have cancelled their subscription
• Are inactive or dormant
• Have stopped using the Platform

This contact may be to:

• Understand reasons for inactivity
• Provide support or assistance
• Gather feedback to improve the Platform

Communication may occur via:

• Email
• WhatsApp
• Telephone calls

11.1 Data Processing

SME Loyalty processes personal data only as necessary to operate the Platform, including:

• Customer registration
• Loyalty tracking
• Reward notifications
• Platform analytics
• Communication services

Reasonable technical and organisational measures are implemented to protect personal data.

11.2 Data Ownership

All customer data collected through loyalty programmes created by merchants remains the property of the merchant.

SME Loyalty does not claim ownership but may process such data to provide platform services including analytics, reporting, and system functionality.

11.3 Sub-Processors

SME Loyalty may use trusted third-party service providers ("Sub-Processors") to operate the Platform, including providers for:

• Cloud hosting infrastructure
• Payment processing
• Analytics services
• Email or messaging services
• Customer communication tools

All sub-processors are required to comply with applicable data protection standards.

11.4 Data Retention and Deletion

Customer and merchant data may be retained as necessary to provide Platform services or comply with legal obligations.

Upon termination of a merchant account, SME Loyalty may retain data for a limited period for backup, legal, or regulatory purposes, after which data may be deleted or anonymised.

12. Intellectual Property

All intellectual property relating to the SME Loyalty Platform, including:

• Software
• Design
• Branding
• Technology
• Content

remains the property of SME Loyalty (Pty) Ltd.

Users may not:

• Copy
• Modify
• Reverse engineer
• Redistribute

any part of the Platform without written permission.

12.1 Platform Analytics and Insights

SME Loyalty may analyse platform usage data, transaction data, and loyalty programme performance data to:

• Improve and optimise the Platform
• Enhance user experience and functionality
• Develop new products, services, or features
• Generate performance insights and industry benchmarks

Such analysis uses aggregated and anonymised data. SME Loyalty will not sell identifiable merchant or customer data without consent.

12.2 Product Development and Platform Optimisation

Aggregated platform data may also be used to:

• Improve loyalty programme performance
• Develop new platform capabilities
• Create additional tools, analytics, or services for merchants
• Optimise reward structures and customer engagement strategies

All use complies with applicable data protection laws, including POPIA.

13. Limitation of Liability

To the fullest extent permitted by South African law, SME Loyalty shall not be liable for:

• Merchant failure to honour rewards
• Customer disputes
• Loss of business revenue
• Indirect or consequential damages
• Fake, illegal, or misleading promotions issued by merchants

arising from the use of the Platform.

14. Acceptable Use of the Platform

Users agree not to misuse the SME Loyalty Platform. Prohibited activities include:

• Conducting illegal or fraudulent activities
• Issuing misleading, fake, or illegal promotions or rewards
• Collecting customer information without consent
• Attempting to access other users' accounts or data
• Interfering with the operation or security of the Platform
• Using the Platform in violation of applicable laws

SME Loyalty reserves the right to suspend or terminate accounts that violate these rules.

14.1. Termination for cause

SME Loyalty may suspend or terminate a Merchant or Customer account immediately, without prior notice, if:

• There is a violation of these Terms of Service
• The account is used for fraudulent, illegal, or misleading activities
• The account engages in abusive or harmful behaviour towards other users or the Platform
• Required by law, regulatory authorities, or to protect the security and integrity of the Platform

Upon termination for cause:

• Any accumulated referral rewards or free subscription months are forfeited
• Access to the Platform and all associated data may be revoked
• SME Loyalty may take legal or regulatory action if necessary

15. Amendments to Terms

SME Loyalty reserves the right to update these Terms at any time. Updated Terms will be published on www.smeloyalty.co.za. Continued use of the Platform after updates constitutes acceptance of the revised Terms.

16. Governing Law

These Terms are governed by the laws of South Africa. Any disputes arising from these Terms shall be resolved in the courts of South Africa.

16.1 Dispute Resolution / Arbitration

Before initiating any legal proceedings, parties agree to attempt to resolve disputes arising from these Terms of Service as follows:

1. Negotiation: Both parties must first engage in good faith negotiations for at least 30 days. SME Loyalty may initiate the negotiation process by written notice to the other party.
2. Mediation/Arbitration:
   • If the dispute cannot be resolved through negotiation, it shall be referred to mediation or binding arbitration in South Africa, conducted in accordance with the rules of a recognised arbitration body selected by SME Loyalty.
   • The arbitration venue will be determined by SME Loyalty, and the proceedings shall be conducted in English.
3. Costs:
   • Each party bears its own costs during negotiation or mediation.
   • Arbitration fees will be shared equally unless the arbitrator decides otherwise.
4. Urgent Relief: Nothing in this section limits SME Loyalty's right to seek urgent or interim relief from a South African court to protect its rights, prevent fraud, misuse, or damage to the Platform, or to secure confidential or proprietary information.

17. Refunds and Cancellations

18. Contact Information

For questions regarding these Terms and Conditions:

SME Loyalty (Pty) Ltd
Website: www.smeloyalty.co.za
Email: info@smeloyalty.co.za