Terms and Conditions

These Terms and Conditions (“Terms”) govern access to and use of the Oroginsoftware platform, website, and related services (collectively, the “Service”) operated by Flipside Up (Pty) Ltd(“we”, “us”, or “our”), trading as Orogin.

By creating an account, clicking “I agree”, or using the Service, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Service.

If you use the Service on behalf of a company, trust, or other legal entity, you represent that you have authority to bind that entity. “You” and “your” refer to that entity and its authorised users.

Orogin is a cloud-based platform designed for South African property developers and related businesses to manage developments, units, sales pipelines, buyer relationships, finish selections, FICA document collection, construction tracking, compliance items, documents, snag lists, and team communications.

The Service includes a staff dashboard for Organisation Users and, where enabled, a buyer portal for purchasers. Features may vary by subscription plan and may change over time as we improve the platform.

The Service provides software tools only. We do not act as a property developer, estate agent, bond originator, attorney, or financial adviser. Nothing in the Service constitutes legal, tax, or financial advice.

• You must be at least 18 years old and capable of entering into a binding contract under South African law
• You must provide accurate, current, and complete registration information and keep it updated
• You are responsible for all activity under your account and for safeguarding login credentials
• You must notify us immediately at info@orogin.co.za of any unauthorised access or security breach
• We may suspend or terminate accounts that violate these Terms or pose a security risk

Each subscribing business (“Organisation”) controls its own workspace. Organisation administrators are responsible for:

• Inviting and managing team members and assigning appropriate roles and permissions
• Ensuring Buyer personal information is collected and uploaded lawfully, including compliance with POPIA and FICA
• The accuracy of development, unit, pricing, and sale information entered into the Service
• Communications with Buyers and third parties conducted through the platform
• Configuring who within the Organisation may access confidential buyer, financial, and document data

You acknowledge that Buyers invited to the portal may view information relating to their unit and sale, and that Organisation Users control what documents and messages are shared with Buyers.

You agree not to:

• Use the Service for any unlawful purpose or in violation of applicable law, including POPIA, FICA, the Estate Agency Affairs Act, and consumer protection legislation
• Upload malware, attempt unauthorised access, probe or scan systems, or interfere with the Service
• Reverse engineer, decompile, or attempt to extract source code except where permitted by law
• Resell, sublicense, or provide the Service to third parties except as expressly permitted
• Upload content you do not have the right to use, or that infringes intellectual property or privacy rights
• Harass, defame, or send unlawful or offensive communications through the platform
• Use the Service to store or process data unrelated to property development operations without our consent

We may investigate violations and cooperate with law enforcement. We may remove content or suspend access where we reasonably believe these Terms have been breached.

We may offer free trials or promotional access. Trial terms (including duration and feature limits) will be displayed at sign-up. At the end of a trial, continued use may require a paid subscription.

Paid subscriptions are billed in advance on a recurring basis through our payment partner, Paystack. By subscribing, you authorise us and Paystack to charge your nominated payment method for applicable fees, taxes, and add-ons.

• Fees are quoted in South African Rand excluding VAT unless stated otherwise
• 15% VAT is added to subscription and add-on fees at checkout
• Subscription fees are non-refundable except where required by law or expressly stated in writing
• We may change pricing on reasonable notice; changes apply from the next billing cycle after notice
• Failure to pay may result in suspension or downgrade of the Service
• Add-on purchases (extra developments, extra phases, storage, etc.) are charged according to the plan selected at checkout

You are responsible for all taxes associated with your subscription except taxes based on our net income.

The Service, including software, design, logos, documentation, and all related intellectual property, is owned by or licensed to Flipside Up (Pty) Ltd. Except for the limited licence below, no rights are granted to you.

We grant you a non-exclusive, non-transferable, revocable licence to use the Service during your subscription for your internal business purposes, subject to these Terms.

You retain ownership of content you upload (“Customer Content”). You grant us a worldwide licence to host, store, process, transmit, and display Customer Content solely to provide and improve the Service, comply with law, and enforce these Terms.

Feedback and suggestions you provide may be used by us without obligation or compensation.

Each party may receive confidential information from the other. The receiving party will protect such information with at least reasonable care and use it only for purposes related to the Service. This obligation does not apply to information that is public, independently developed, or lawfully obtained from a third party without restriction.

Organisation Users acknowledge that buyer records, FICA documents, sale terms, and internal notes are confidential and must be handled in accordance with applicable law and professional obligations.

We aim to provide reliable access to the Service but do not guarantee uninterrupted or error-free operation. Scheduled maintenance, updates, and factors outside our control (including internet failures and third-party outages) may affect availability.

Support is available at info@orogin.co.za during reasonable business hours. We may modify, add, or remove features; material adverse changes to paid features will be communicated with reasonable notice where practicable.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OR NON-INFRINGEMENT.

We do not warrant that the Service will meet your specific requirements, that calculations (including pricing, finishes totals, or compliance dates) are error-free, or that data loss will not occur. You are responsible for verifying critical business and legal information and maintaining independent backups where appropriate.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER FLIPSIDE UP (PTY) LTD NOR ITS DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING FROM OR RELATED TO THE SERVICE OR THESE TERMS.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING IN A TWELVE (12) MONTH PERIOD SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICE IN THAT PERIOD, OR (B) ZAR 5,000 (FIVE THOUSAND RAND).

Nothing in these Terms limits liability that cannot be excluded under the Consumer Protection Act, 68 of 2008, or other applicable law.

You agree to indemnify and hold harmless Flipside Up (Pty) Ltd and its personnel from claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Service, your Customer Content, your breach of these Terms, or your violation of any law or third-party rights, including unlawful processing of Buyer personal information uploaded by your Organisation.

These Terms remain in effect while you use the Service. You may cancel your subscription through account settings or by contacting support. We may suspend or terminate access for breach, non-payment, or if required by law.

Upon termination, your right to access the Service ceases. We may retain and delete data in accordance with our Privacy Policy and legal obligations. Organisation administrators should export required records before cancellation.

These Terms are governed by the laws of the Republic of South Africa. You consent to the exclusive jurisdiction of the courts of the Western Cape Division of the High Court of South Africa, subject to any mandatory consumer jurisdiction that may apply.

Before commencing formal proceedings, the parties will attempt in good faith to resolve disputes by contacting info@orogin.co.za within thirty (30) days of the dispute arising.

• Entire agreement — These Terms and the Privacy Policy constitute the entire agreement regarding the Service
• Severability — If any provision is invalid, the remainder remains in effect
• No waiver — Failure to enforce a provision is not a waiver of future enforcement
• Assignment — You may not assign these Terms without our consent; we may assign in connection with a merger or sale
• Force majeure — We are not liable for delays caused by events beyond our reasonable control

Questions about these Terms:
Flipside Up (Pty) Ltd (Orogin)
Reg. No. 2019 / 112213 / 07 · VAT No. 4880325164
Le Coste Lifestyle Estate, Cape Town, South Africa
Email: info@orogin.co.za
Tel: 071 852 0047
Attention: David Botha