OrderPing — Terms of Service & Data Processing Agreement

2.1

By registering for an OrderPing account, clicking "I Accept" or "Create Account", or by using the Platform in any way, you confirm that you have read, understood, and agree to be bound by this Agreement.

2.2

The timestamp at which you accept these terms is recorded against your account (termsacceptedat) and constitutes a valid electronic record of acceptance under the Electronic Communications and Transactions Act 25 of 2002 ("ECTA").

2.3

If you are accepting these terms on behalf of a business, company, or other legal entity, you warrant that you have the legal authority to bind that entity. If you do not have such authority, you may not use the Platform.

2.4

You must be at least 18 years of age to create an account and use the Platform.

2.5

OrderPing reserves the right to update or modify these Terms at any time. We will notify registered Store owners by email at least 14 days before any material changes take effect. Continued use of the Platform after the effective date of changes constitutes acceptance of the updated Terms. If you do not agree to the changes, you may cancel your account before the effective date.

3.1 What OrderPing Provides

OrderPing provides the following services to Stores via a monthly subscription:

(a) An order management dashboard allowing staff to create orders, track order status, and trigger automated SMS or WhatsApp notifications to Store Customers when their orders are ready;

(b) A Store Customer database that records consented customer contact details for the purpose of order notifications and, where consent is given, marketing communications;

(c) Bulk SMS and WhatsApp campaign tools for sending marketing messages to opted-in Store Customers, subject to the purchase of Campaign Credits;

(d) Additional notification message capacity via Notification Top-Up Credits;

(e) Usage reporting, customer management, and account administration tools.

3.2 What OrderPing Does Not Provide

OrderPing does not:

(a) Guarantee the delivery of any SMS or WhatsApp message — delivery is subject to the availability and performance of Third-Party Services and telecommunications networks beyond our control;

(b) Provide legal advice regarding your compliance with POPIA, the Consumer Protection Act, or any other applicable legislation;

(c) Accept responsibility for the content of marketing messages sent by the Store through the Platform;

(d) Process payments on behalf of the Store to its own customers — OrderPing only processes payments from the Store to OrderPing.

4.1

You agree to provide accurate, current, and complete information when registering your account, and to keep this information updated.

4.2

You are responsible for maintaining the confidentiality of your account credentials (email address and password). You are responsible for all activity that occurs under your account, whether or not authorised by you.

4.3

You must notify OrderPing immediately at hello@orderping.co.za if you suspect any unauthorised access to or use of your account.

4.4

OrderPing will never ask you for your password via email, chat, or phone. Any communication claiming to be from OrderPing that requests your password should be treated as fraudulent.

4.5

You may add staff members to your account. You are responsible for all actions taken by staff members operating under your account. OrderPing recommends removing staff access promptly when employees leave your business.

5.1 Plan Selection

OrderPing offers tiered monthly subscription plans as published on orderping.co.za at the time of signup. Plan details, including message allowances and pricing, are subject to the current published rates.

5.2 Billing Cycle

Subscriptions are billed on a recurring monthly basis from the date of your first successful payment. Billing is managed through PayFast, South Africa's leading payment gateway.

5.3 Payment Method

Payments are processed via PayFast and may be made by credit card, debit card, or instant EFT. By providing payment details, you authorise PayFast to charge the applicable subscription fee on a recurring monthly basis.

5.4 Price Changes

OrderPing may change subscription prices with 30 days' written notice by email. Price changes take effect on your next billing date following the notice period. If you do not agree to the new price, you may cancel your subscription before the new price takes effect.

5.5 Failed Payments

If a payment fails, OrderPing will notify you by email and via an in-app notification. You will have a 7-day grace period* to update your payment method. If payment is not received within the grace period, your account may be suspended and access to the Platform restricted until payment is made.

5.6 Campaign Credits & Notification Top-Up Credits

Campaign Credits and Notification Top-Up Credits are purchased as one-time payments via PayFast. These credits are:

Non-refundable once purchased;

Not transferable between accounts;

Notification Top-Up Credits roll over month-to-month and do not expire;

Campaign Credits are consumed upon sending and do not roll over unless stated otherwise.

5.7 Custom Pricing

OrderPing may, at its sole discretion, offer custom pricing arrangements to specific Stores. Any such arrangement will be documented in writing and will take precedence over standard published pricing for the affected account only.

6.1

OrderPing does not grant an automatic free trial on registration. Limited promotional trial access may be offered by invitation only, when the Store redeems a valid promo code issued by OrderPing (or an authorised partner) at signup or as otherwise communicated in writing. A Store that registers without a qualifying promo code must select a paid subscription to use the Platform after onboarding, as described on orderping.co.za.

6.2

When a qualifying promo code is accepted, the Store may receive time-limited trial access on the terms published for that promotion (including duration, message allowance, and included features). Trial parameters may vary by code or cohort. OrderPing may refuse or revoke a promo code that is fraudulent, expired, duplicated, or used in breach of these Terms.

6.3

When promotional trial access ends, the Store must subscribe to a paid plan to continue using the Platform. If no subscription is selected, access to the dashboard may be restricted. No customer data is deleted solely because trial access ends — data is retained for 30 days to allow the Store to subscribe and resume operations, unless the Store requests earlier deletion in accordance with Section 9.

6.4

OrderPing reserves the right to modify, limit, or discontinue promotional trial programmes or specific promo codes at any time. Changes do not reduce trial entitlements already granted for an active trial period except where required by law or to address abuse or non-payment.

7.1 Cancellation by Store

You may cancel your subscription at any time through the account settings or by contacting OrderPing at hello@orderping.co.za. Cancellation takes effect at the end of the current billing period. You will retain access to the Platform until that date.

7.2 No Partial Refunds

OrderPing does not offer refunds or credits for partial billing periods. If you cancel mid-month, you retain access until the end of the month you have paid for, and no refund is issued for the unused portion.

7.3 Exceptions

In exceptional circumstances (for example, a billing error or duplicate charge), OrderPing may at its sole discretion issue a full or partial refund. Refund requests must be submitted within 14 days of the charge in question to hello@orderping.co.za with supporting evidence.

7.4 Data After Cancellation

Following cancellation, your Store's data (including all customer records, orders, and campaign history) will be retained for 30 days to allow you to export your data. After this period, all data associated with your account will be permanently deleted. OrderPing strongly recommends exporting your customer list before cancelling (see Section 9.5).

8.1 Permitted Use

You may use the Platform only for lawful purposes in connection with operating your food service or takeaway business. Specifically, the Platform may be used to:

(a) Send transactional order-ready notifications to customers who have placed orders at your outlet;

(b) Send marketing SMS or WhatsApp messages to customers who have explicitly opted in to receive such communications from your Store;

(c) Manage your Store's customer database in compliance with POPIA.

8.2 Prohibited Use

You must not use the Platform to:

(a) Send unsolicited marketing messages (spam) to any person who has not explicitly opted in;

(b) Send messages to customers who have previously opted out (replied STOP) from your Store's messages;

(c) Send messages containing illegal, offensive, defamatory, threatening, or fraudulent content;

(d) Impersonate another business, person, or entity;

(e) Circumvent, disable, or interfere with any security feature of the Platform;

(f) Access or attempt to access any other Store's data;

(g) Use the Platform to send messages on behalf of a third-party business that has not registered their own OrderPing account (i.e. reselling message capacity without prior written agreement with OrderPing);

(h) Use automated bots or scripts to interact with the Platform outside of the official API (if made available);

(i) Engage in any activity that violates South African law, including POPIA, the Consumer Protection Act, the Electronic Communications and Transactions Act, or the Spam Act;

(j) Send messages at volumes or frequencies that could constitute harassment or abuse of any individual recipient.

8.3 Consequences of Violation

OrderPing reserves the right to immediately suspend or terminate any account found to be in violation of this Acceptable Use Policy, without notice and without refund. OrderPing may report violations to the Information Regulator (South Africa) or other relevant authorities where required by law.

9.1 Roles Under POPIA

(a) The Store is the Responsible Party. The Store determines the purpose and means of processing Store Customers' personal information. The Store is responsible for:

Obtaining valid, informed consent from Store Customers before collecting their personal information;

Ensuring that the purpose for which personal information is collected is communicated clearly to Store Customers at the point of collection;

Providing Store Customers with access to their rights under POPIA (access, correction, deletion, and objection);

Ensuring that marketing messages are only sent to Store Customers who have explicitly opted in.

(b) OrderPing is the Operator. OrderPing processes Store Customer personal information solely on behalf of the Store, in accordance with the Store's instructions, and for no other purpose. OrderPing will not:

Use Store Customer personal information for OrderPing's own marketing or commercial purposes;

Share Store Customer personal information with other Stores or any third party except as necessary to provide the Platform (see Section 9.3 on sub-processors);

Retain Store Customer personal information beyond the periods set out in this Agreement.

9.2 Personal Information Processed

OrderPing processes the following categories of personal information on behalf of the Store:

9.3 Sub-Processors

To provide the Platform, OrderPing uses the following sub-processors that may process Store Customer personal information:

By accepting these Terms, the Store consents to OrderPing's use of these sub-processors. OrderPing will notify the Store of any material changes to sub-processors with reasonable advance notice.

9.4 Security Measures

OrderPing implements the following technical and organisational measures to protect Store Customer personal information:

(a) All data is transmitted over encrypted HTTPS/TLS connections;

(b) Database access is controlled by Row Level Security (RLS) — each Store's data is logically isolated and inaccessible to other Stores;

(c) Staff access to OrderPing's administrative systems is restricted on a need-to-know basis;

(d) API access is authenticated via JWT tokens issued by Supabase Auth;

(e) No Store Customer credit card or financial data is stored by OrderPing — all payment data is handled exclusively by PayFast.

9.5 Store's Right to Export Data

The Store may export all Store Customer personal information at any time using the "Export Customers" feature in the Platform dashboard. The export includes all data fields listed in Section 9.2. This export right is provided in compliance with POPIA and the Store's right to data portability as the Responsible Party.

9.6 Deletion of Data on Request or Termination

(a) The Store may delete individual customer records at any time through the Platform (POPIA right to erasure).

(b) Upon cancellation of a Store's account, OrderPing will retain all Store data for 30 days to allow data export (see Section 7.4), after which all data will be permanently deleted from OrderPing's systems.

(c) The Store may request earlier deletion by contacting hello@orderping.co.za. OrderPing will complete deletion within 7 business days of a verified written request.

9.7 Data Breach Notification

In the event of a security breach that is reasonably likely to result in serious harm to Store Customers, OrderPing will:

(a) Notify the affected Store(s) by email within 72 hours of becoming aware of the breach;

(b) Provide a description of the nature of the breach, the categories of personal information affected, the likely consequences, and the measures being taken;

(c) Cooperate with the Store in meeting the Store's own notification obligations to the Information Regulator and affected Store Customers under POPIA.

9.8 Store's POPIA Obligations

The Store warrants and agrees that it:

(a) Will collect Store Customer personal information only with proper, informed, and recorded consent;

(b) Will display clear opt-in wording at the point of order, specifically identifying that the customer is consenting to receive SMS and/or WhatsApp messages from the Store;

(c) Will honour all STOP / opt-out requests — the Platform handles this automatically, but the Store must not attempt to re-add opted-out customers without fresh consent;

(d) Will respond to Store Customers' requests to access, correct, or delete their personal information within the timeframes required by POPIA;

(e) Will not use the Platform to process personal information for any purpose not disclosed to the Store Customer at the time of collection.

10.1

OrderPing and all related trademarks, logos, software, code, databases, designs, and content are the exclusive intellectual property of OrderPing. Nothing in this Agreement grants the Store any ownership interest in the Platform.

10.2

Subject to payment of all applicable fees and compliance with this Agreement, OrderPing grants the Store a limited, non-exclusive, non-transferable licence to access and use the Platform for its internal business purposes during the subscription period.

10.3

The Store retains all ownership of its own business data, customer data, and campaign content created through the Platform.

10.4

The Store grants OrderPing a limited licence to process, store, and display the Store's data solely as necessary to provide the Platform services.

11.1

OrderPing endeavours to maintain Platform availability during normal business hours but does not guarantee uninterrupted or error-free operation. The Platform is provided on an "as is" and "as available" basis.

11.2

Planned maintenance will be communicated in advance where reasonably possible. Emergency maintenance may be performed without notice.

11.3

OrderPing is not responsible for any interruptions, delays, or failures caused by:

(a) Third-Party Services (SMSPortal, Meta WhatsApp, PayFast, Supabase, Vercel);

(b) South African telecommunications network outages or carrier failures;

(c) Internet connectivity issues on the Store's or Store Customer's side;

(d) Acts of God, loadshedding, force majeure events, or other circumstances beyond OrderPing's reasonable control;

(e) The Store's own hardware or software failures.

11.4

SMS and WhatsApp message delivery depends on Third-Party networks and is subject to network availability, handset availability, and carrier limitations. OrderPing does not guarantee delivery of any individual message.

12.1

To the maximum extent permitted by applicable South African law, OrderPing's total aggregate liability to the Store arising from or in connection with this Agreement (whether in contract, delict, or otherwise) shall not exceed the total Subscription fees paid by the Store to OrderPing in the three calendar months immediately preceding the event giving rise to the claim.

12.2

OrderPing shall not be liable for any:

(a) Loss of revenue, profits, business, contracts, or anticipated savings;

(b) Loss of data or corruption of data;

(c) Loss of business opportunity or goodwill;

(d) Indirect, special, incidental, or consequential damages;

(e) Claims arising from the Store's failure to comply with POPIA or applicable marketing regulations;

(f) Claims arising from the content of marketing messages sent by the Store;

(g) Claims by Store Customers against the Store arising from the Store's use of the Platform.

12.3

The Store acknowledges that OrderPing's subscription pricing reflects the allocation of risk in this Agreement. The Store accepts that the limitations in this Section 12 are reasonable and fundamental to the basis on which OrderPing provides the Platform at the stated prices.

12.4

Nothing in this Agreement limits or excludes liability for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any other liability that cannot be excluded or limited under South African law.

13.1

The Store agrees to defend, indemnify, and hold harmless OrderPing and its officers, employees, contractors, and service providers from and against any claims, damages, penalties, fines, costs, and expenses (including reasonable legal fees) arising from or relating to:

(a) The Store's breach of any provision of this Agreement;

(b) The Store's violation of any applicable law, including POPIA, the Consumer Protection Act, or applicable SMS marketing regulations;

(c) The content of any campaign messages sent by the Store through the Platform;

(d) The Store's collection of Store Customer personal information without proper consent;

(e) The Store's negligence or wilful misconduct.

14.1

The Platform integrates with Third-Party Services (SMSPortal, Meta WhatsApp Cloud API, PayFast, Resend, Supabase, Vercel). Use of these services is subject to the third party's own terms and conditions and privacy policies.

14.2

OrderPing is not responsible for the availability, accuracy, legality, or content of any Third-Party Service.

14.3

If a Third-Party Service changes its pricing, terms, or availability in a manner that materially impacts OrderPing's ability to provide the Platform, OrderPing reserves the right to pass on pricing changes with 30 days' notice or to modify the Platform's features accordingly.

14.4

Links or references to Third-Party Services in the Platform do not constitute an endorsement of those services by OrderPing.

15.1 Termination by the Store

The Store may terminate this Agreement at any time by cancelling their subscription as set out in Section 7.1.

15.2 Termination by OrderPing

OrderPing may suspend or terminate the Store's account immediately and without notice if:

(a) The Store is in material breach of this Agreement (including but not limited to violations of the Acceptable Use Policy) and has not remedied the breach within 7 days of written notice (where the breach is capable of remedy);

(b) The Store sends spam or unsolicited marketing messages causing complaints to OrderPing, SMSPortal, or regulators;

(c) The Store engages in fraudulent, abusive, or illegal conduct;

(d) OrderPing is required to do so by law or by a competent authority.

15.3 Effect of Termination

Upon termination:

(a) The Store's access to the Platform ceases immediately (termination by OrderPing) or at the end of the current billing period (termination by Store);

(b) All outstanding fees become immediately payable;

(c) Sections 9 (Data), 10 (IP), 12 (Liability), 13 (Indemnification), and 16 (Governing Law) survive termination.

16.1

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa.

16.2

In the event of any dispute arising from or in connection with this Agreement, the parties agree to first attempt resolution through good faith negotiation for a period of 30 days from the date one party notifies the other in writing of the dispute.

16.3

If the dispute is not resolved within 30 days, either party may refer the dispute to mediation under the rules of the Arbitration Foundation of Southern Africa (AFSA) before commencing litigation.

16.4

If mediation fails or either party refuses mediation, the dispute shall be subject to the exclusive jurisdiction of the courts of the Republic of South Africa, with venue in the Gauteng Division of the High Court.

16.5

Nothing in this Section prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

17.1 Entire Agreement

This Agreement constitutes the entire agreement between the parties regarding the Platform and supersedes all prior agreements, representations, and understandings relating to the same subject matter.

17.2 Severability

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severed from the Agreement. The remaining provisions shall continue in full force and effect.

17.3 No Waiver

OrderPing's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

17.4 Assignment

The Store may not assign or transfer any rights or obligations under this Agreement without OrderPing's prior written consent. OrderPing may assign this Agreement in connection with a merger, acquisition, or sale of all or substantially all of its assets, with notice to the Store.

17.5 Force Majeure

Neither party shall be liable for any failure or delay in performing obligations under this Agreement where such failure or delay results from events beyond their reasonable control, including loadshedding, natural disasters, labour disputes, or telecommunications failures.

17.6 Notices

All formal notices under this Agreement shall be in writing and delivered by email:

To OrderPing: <hello@orderping.co.za>

To the Store: the email address registered on the Store's account

Notices are deemed received on the next business day after sending, unless a delivery failure notification is received.

17.7 Language

This Agreement is written in English. In the event of any translation, the English version shall prevail.