Affiliates

These terms and condtions apply to users of this website (www.ariellamurahwa.com) that have signed up as Affiliates and are therefore registered on Ariella Murahwa's affiliate program. The terms are specific to those users and the legal persons they represent, and are considered the legal obligations, by Ariella Murahwa, of those users. Ariella Murahwa reserves the right to suspend any member of its affiliate program immediately without notice or compensation should they be found in violation of any of the following terms and conditions.

Read more: Affiliates

Privacy Policy

This policy describes what information we collect and how it is used and shared. As you review our policy, bear in mind that it applies to all Ariella Murahwa brands, products and services that do not have a separate Privacy Policy or that link to this policy.

What kinds of information do we collect?

Depending on which Services you use, we collect different kinds of information from or about you.

  • Things you do and information you provide.

    We collect the content and other information you provide when you use our Services, including when you sign up for an account, request a quotation, and message or communicate with your project/account manager. This can include information in or about the content you provide, such as the location of a photo or the date a file was created. We also collect information about how you use our Services, such as the types of content you view or engage with or the frequency and duration of your activities.

  • Things others do and information they provide.

    We also collect content and information that other people provide when they use our Services, including information about you, such as when they view your public profile, comment on your project or product, view your testimonials, share your reviews and go to your links.

  • Information about payments.

    If you use our Services for purchases or financial transactions (like when you buy something on Ariella Murahwa, make a purchase in a product or sign up for a monthly package), we collect information about the purchase or transaction. This includes your payment information, such as your method of payment but does not include your credit or debit card number specifically. Your credit or debit card information is stored by our payments Providers, PayPal and PayFast and that information is never shared with us.

  • Device information.

    We collect information from or about the computers, phones, or other devices where you install or access our Services, depending on the permissions you’ve granted. We may associate the information we collect from your different devices, which helps us provide consistent Services across your devices. Here are some examples of the information we collect:

    • Attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, and device identifiers.

    • Device locations, including specific geographic locations, such as through GPS, Bluetooth, or WiFi signals.

    • Connection information such as the name of your mobile operator or ISP, browser type, language and time zone, mobile phone number and IP address.

  • Information from third-party partners.

    We receive information about you and your activities on and off Ariella Murahwa from third-party partners, such as information from a partner when we jointly offer services or from an advertiser about your experiences or interactions with them.

  • Ariella Murahwa products.

    We receive information about you from products that are owned or operated by Ariella Murahwa, in accordance with their terms and policies.

II. How do we use this information?

We are passionate about creating engaging and customized experiences for people. We use all of the information we have to help us provide and support our Services. Here’s how:

  • Provide, improve and develop Services.

    We are able to deliver our Services, personalize content, and make improvements on our products by using this information to understand how you use and interact with our Services and the people or things you’re connected to and interested in on and off our Services.

    When we have location information, we use it to tailor our Services for you and others, keep your login credentials safe by comparing your locations, find support personnel in your time zone and create offers in your area.

    We conduct surveys and test features in development, and analyze the information we have to evaluate and improve products and services, develop new products or features, and conduct audits and troubleshooting activities.

  • Communicate with you.

    We use your information to send you marketing communications, communicate with you about our Services and let you know about our policies and terms. We also use your information to respond to you when you contact us.

  • Promote safety and security.

    We use the information we have to help verify accounts and activity, and to promote safety and security on and off of our Services, such as by investigating suspicious activity or violations of our terms or policies. We work hard to protect your account using teams of engineers, automated systems, and advanced technology such as encryption.

III. How can I manage or delete information about me?

You can manage the content and information you share when you use Ariella Murahwa through the privacy settings on your account. All your information and its various permissions are controlled form there.

We store data for as long as it is necessary to provide products and services to you and others, including those described above. Information associated with your account will be kept until your account is deleted, unless we no longer need the data to provide products and services.

You can delete your account any time. When you delete your account, we delete things you have posted, such as your photos, reviews, messages, projects and all their associations. Keep in mind that information that others have shared about you is not part of your account and will not be deleted when you delete your account.

IV. How do we respond to legal requests or prevent harm?

We may access, preserve and share your information in response to a legal request (like a search warrant, court order or subpoena) if we have a good faith belief that the law requires us to do so. This may include responding to legal requests from jurisdictions outside of the Republic of South Africa where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We may also access, preserve and share information when we have a good faith belief it is necessary to: detect, prevent and address fraud and other illegal activity; to protect ourselves, you and others, including as part of investigations; or to prevent death or imminent bodily harm. For example, we may provide information to third-party partners about the reliability of your account to prevent fraud and abuse on and off of our Services. Information we receive about you, including financial transaction data related to purchases made with Ariella Murahwa, may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of our terms.

V. How will we notify you of changes to this policy?

We’ll notify you before we make changes to this policy and give you the opportunity to review and comment on the revised policy before continuing to use our Services via email.

Rights and Responsibilities of Users

Rights and Responsibilities of Users

This statement of the rights and responsibilities of anyone making use of www.ariellamurahwa.com, also found using www.arimur.co.za, describes the relationship between Ariella Murahwa and users of Ariella Murahwa products and services, including but not limited to www.ariellamurahwa.com and its Accompanying Apps, and the Ariella Murahwa brand. Anyone making use of www.ariellamurahwa.com and its Accompanying Apps and Ariella Murahwa services agrees to this statement and to behave or expect as is detailed henceforth, as this statement is updated from time to time in accordance with section 12 below.

  1. Definitions:

    In this statement, unless clearly inconsistent with or otherwise indicated by the context;-

    • "User" means a human being or group of human beings that have in the past or are currently viewing www. ariellamurahwa.com and/or its Accompanying Apps. Including but not limited to people with access credentials to the website, people that have received newsletters and other email correspondence from the website and members of organizations that are Clients of Ariella Murahwa (PTY) LTD by virtue of a signed agreement or accepted terms.
    • “Customer” means a User that has purchased a membership or downloaded software from one of Ariella Murahwa’s products, or downloaded a paid download on www.ariellamurahwa.com.
    • "User" means a human being or group of human beings that have in the past or are currently viewing www. ariellamurahwa.com and/or its Accompanying Apps. Including but not limited to people with access credentials to the website, people that have received newsletters and other email correspondence from the website and members of organizations that are Clients of Ariella Murahwa (PTY) LTD by virtue of a signed agreement or accepted terms.
    • “Client” means current clients or paying Users, clients during the past 12 months, or potential clients where a proposal has been submitted and negotiations are well advanced.
    • "User" means a human being or group of human beings that have in the past or are currently viewing www. ariellamurahwa.com and/or its Accompanying Apps. Including but not limited to people with access credentials to the website, people that have received newsletters and other email correspondence from the website and members of organizations that are Clients of Ariella Murahwa (PTY) LTD by virtue of a signed agreement or accepted terms.
    • "Accompanying Apps” are software applications sold on the Google Play Store and on iTunes that bear the name Ariella Murahwa and have been released by Ariella Murahwa (PTY) LTD.
    • "Disclosing Party" means the Party Disclosing their Confidential Information
    • “Receiving Party” means the Party receiving the Disclosing Party’s Confidential Information.
    • “Confidential Information” includes without limitation; any information, any data, relating to its parties or subsidiaries, parties and related companies, in whatever format and whether written, oral or graphic recorded or not (and if recorded, recorded in writing or any other electronic medium or otherwise howsoever) which is intended or by its nature could reasonably be expected to be confidential. Any data or information, which was communicated or disclosed to or by Ariella Murahwa which comes to the knowledge of any Client, by whatever means, before and after the commencement of their relationship with Ariella Murahwa, including without derogating from the aforementioned, all financial information whatsoever, marketing information whatsoever nature or kind, products, product information, product drawings, plans and specifications, operational and risk methodologies, production and operation procedures relating to the business of either Ariella Murahwa or any Client of Ariella Murahwa, computer data, programs and source code, pricing, price lists and purchase procedures, Information relating to cost, source materials, business relationships, services, customers and customer lists (whether actual or potential), technical information, techniques, know-how, trade secrets, operating methods, procedures, electronic and manual systems, all intellectual property belonging to either, contractual arrangements of either, training schemes and other programs, information relating to Ariella Murahwa's strategic objectives and planning for both its existing and future business needs, the contractual business and financial arrangements between either Ariella Murahwa and any other party and others with whom it has a business arrangement of whatever nature, all information specifically related to the business of Ariella Murahwa, which is not readily available to an external party in the ordinary course of business but does not include any information to the extent that, at the time of its disclosure, such information was lawfully in the public domain OR can be shown by the Receiving Party to have been lawfully in their possession prior to disclosure, OR subsequently becomes lawfully part of the public domain otherwise than as a result of the Receiving Party’s breach of any terms of this statement OR is acquired or developed by the Receiving Party or its affiliates independently of the Disclosing Party from a source other than the Disclosing Party which source is lawfully entitled without any restriction or disclosure to disclose such confidential information to the Receiving Party and in circumstances which do not amount to a breach of the provisions of this statement OR is disclosure is pursuant to a requirement or request by operation of law, regulation or Court Order provided that the onus at all times should rest on the Receiving Party that such information falls with.
    • “Intellectual property” means all patents, registered or unregistered trademarks, trade names, service marks, copyright, designs and applications for any of the aforegoing in any part of the world, and any know-how and data associated with any of the aforegoing owned by the Parties any licenses in connection with any of the aforegoing, used by the Parties. All business or trade names used or normally associated with the Parties (whether or not used by virtue of a registration a license or other agreement) whether registered or not, used by the Parties.
  2. Jurisdiction:

    All Users hereby consent and submit to the exclusive jurisdiction of the North Gauteng High Court of the Republic of South Africa in any dispute arising from or in connection with the use of Ariella Murahwa products and services, www.ariellamurahwa.com, any official relationship with Ariella Murahwa (PTY) LTD and matters arising from the aforementioned.

  3. Users Outside South Africa:

    Users outside of South Africa agree to have their data stored in the Republic of South Africa and hold any face to face consultations in Sandton, Gauteng, South Africa. In the event that a face to face consultation is not possible consultations will take place using the Skype service or Google Hangouts service.

  4. Product Customers:

    Customers of Ariella Murahwa products will adhere to the terms and conditions of those individual products as prescribed on the respective websites that those products reside. In the event that no such terms exist this statement of rights and responsibilities and any individual contracts and agreements served on the Customer will act as the presiding terms of use.

    • Joomla Extensions

      Joomla extensions are sold under the GNU General Public License version 3.0 found at https://www.gnu.org/licenses/gpl-3.0.en.html. Customers of any Ariella Murahwa Joomla Extensions must also ensure they adhere to the Joomla Extensions directory terms of service found here: https://extensions.joomla.org/about-jed/terms-of-service/.
      Where support is explicitly stated as provided at purchase, customers will be expected to use the registration credentials provided by www.ariellamurahwa to login and submit support queries online.
      Where support is not explicitly stated as provided no support is provided and Joomla extensions are supplied as is with no refund, warranties or updates.

    • Piracy and Intellectual Property Rights Infringement

      Ariella Murahwa will prosecute to the full extent of the law anyone found infringing on Ariella Murahwa’s Intellectual Property in any way, shape or form.

  5. Privacy:

    Your privacy is safeguarded by Ariella Murahwa and all its products. When you use www.ariellamurahwa.com and its accompanying apps your data is used and stored in accordance with our privacy policy as stipulated below.

  6. Non-Disclosure:

    Ariella Murahwa anticipates that in the in the course of its interactions with Users and provision of services both parties may disclose confidential information to each other. If the Confidential Information so discussed is disclosed by the Receiving Party for any purpose other than it is authorized for in terms of this statement or is disseminated by the Receiving Party to another person or entity which is not party to the terms of this statement, this is likely to cause the other Party to suffer damages and material financial loss.

    The Parties have accordingly agree to enter into a Confidentiality & Non-Disclosure Agreement, in the absence of which, neither party would have disclosed Confidential Information to the other party.

    It is specifically recorded that the Parties client bases will remain the exclusive property of the Parties and both Parties undertakes that neither it, its employees, associates, or assigns, will approach any of the Parties clients directly or indirectly in any manner which may damage the relationship between the Parties and their clients, or which may in any way reduce business dealings with the Parties and their clients, or have a detrimental effect on the income of Parties.

    The Parties undertake in the dealings with one another to observe the utmost good faith and not to do anything, nor to refrain from doing anything, and to do the utmost to have any other Parties do or not do as the case might be, anything which might prejudice the rights or benefits of the other in terms of this Agreement, and shall not in any way attempt to circumvent the terms and conditions of this Agreement.

    Each party shall irrevocably and unconditionally undertake to:

    • to treat the other Parties Confidential information as private and confidential and will safeguard it as it would safeguard his own.
    • to take all such steps as may be reasonably necessary to prevent Confidential Information falling into the hands of unauthorized persons or entities.
    • not to use the Confidential Information in any way to procure commercial advantage for itself or for any person or entity over the other Party.
    • to limit the release and access of such Confidential Information only to those representatives’ independent professional advisors who reasonably require the same for purposes herein stated each party shall procure that all representatives and professional advisors receiving any Confidential Information will sign and undertake on the same terms and conditions as those set out herein and will fully comply with such undertakings.
    • that the Confidential Information received by either Party shall be received and used the Receiving Parties only for the sole purposes of implementing this Agreement or terms and no other reason whatsoever.
    • that the Confidential Information should not be reproduced or copied in any way or form without the prior consent and approval of the Disclosing Party, any copies made will remain the property of the Disclosing Party
    • to promptly return to the Disclosing Party and all documents of whatsoever nature or kind pertaining to the Disclosing Party, or its subsidiaries, related parties or companies.
    • in the event that either Parties or its representatives or affiliates are compelled or required by law to disclose any Confidential Information, each Party will ensure that (prior to the disclosure of the Confidential Information and to the satisfaction of the other Party) provided with prompt notice of such request or requirement, full details of the Confidential Information disclosed and copies of any documentation in regard to thereto, whether written, electronic or in any other format, in order to allow the Party in its sole discretion to seek appropriate relief from all or part order of such request.
    • neither Party will be obliged reason of this Agreement to disclose, any of its Confidential Information to the other Party to enter into any further business relationships or agreement with the other Party.
    • each Party shall retain the sole an exclusive ownership of Intellectual Party rights to its Confidential Information and no license or any other interest in said Confidential Information is granted in terms or by reasons of its disclosure.

    The Parties agree that irreparable loss, harm and knowledge would occur if any of the undertakings recorded therein were not fully complied with its specific terms or were otherwise breached. Accordingly each Party hereby indemnifies the other Party against any loss, expense claim, harm, damage or whatsoever nature including consequential damage which it may suffer as a result of a breach of the Provisions of this Agreement by a Party of this Agreement;

    This indemnity shall be without prejudice to the right owner of the Confidential Information to apply for and be granted an order for specific performance, in addition to any remedy which it may be entitled to in law.

    Each party will bear and pay its own legal costs and expenses and incidental to the negotiations, drafting or preparation of this Agreement.

    In consideration of the disclosure of Confidential Information by the Disclosing Party, the Receiving Party hereby agrees:

    to hold the Confidential Information in strict confidence and to take all reasonable precautions to protect such Confidential Information(including, without limitation, all precautions the Receiving Party employs with respect to its own confidential materials), (ii) not to disclose any such Confidential Information or any information derived therefrom to any third person, (iii) not to make any use whatsoever at any time of such Confidential Information except to evaluate internally its relationship with the Disclosing Party, and (iv) not to copy or reverse engineer any such Proprietary Information. The Receiving Party shall procure that its employees, agents and sub-contractors to whom Confidential Information is disclosed or who have access to Confidential Information sign a non-disclosure or similar agreement in content substantially similar to this Agreement Without granting any right or license, the Disclosing Party agrees that the foregoing shall not apply with respect to any information after five years following the disclosure thereof or any information that the Receiving Party can document is or becomes (through no improper action or inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public, or (ii) was in its possession or known by its prior to receipt from the Disclosing Party as evidenced in writing, except to the extent that such information was unlawfully appropriated, or (iii) was rightfully disclosed to it by a third party, or (iv) was independently developed without use of any Confidential Information of the Disclosing Party. The Receiving Party may make disclosures required by law or court order provided the Receiving Party uses diligent reasonable efforts to limit disclosure and has allowed the Disclosing Party to seek a protective order.

    Immediately upon the written request of the Disclosing Party at any time, the Receiving Party will return to the Disclosing Party all Confidential Information and all documents or media containing any such Confidential Information and any and all copies or extracts thereof, save that where such Confidential Information is a form incapable of return or has been copied or transcribed into another document, it shall be destroyed or erased, as appropriate.

    The Receiving Party understands that nothing herein (i) requires the disclosure of any Confidential Information or (ii) requires the Disclosing Party to proceed with any transaction or relationship. Each party further acknowledges and confirms to the other party that no representation or warranty, express or implied, is or will be made, and no responsibility or liability is or will be accepted by either party, or by any of its respective directors, officers, employees, agents or advisers, as to, or in relation to, the accuracy of completeness of any Confidential Information made available to the other party or its advisers; it is responsible for making its own evaluation of such Proprietary Information. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.

    Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party. This Agreement may not be amended for any other reason without the prior written agreement of both Parties. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made by this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect thereto.

  7. Safety and Security:

    It is of the utmost importance to Ariella Murahwa that your data is kept safe and secure. Ariella Murahwa will undertake reasonable endeavors to protect data stored on its servers or transmitted to it and by over the internet. At a minimum this will include Secure Socket Layer (SSL) encryption and Cloudflare firewalling.

  8. Payments in General:

    Ariella Murahwa primarily uses PayPal to process payments and PayFast as a backup payments provider in the event that PayPal is unavailable in your country. Bank transfers are only available to Clients and Customers residing in South Africa where the amount invoiced exceeds a value of R100000.00 or under special conditions agreed to writing.Note that all bank transfers carry an additional 5% administration fee and are credited to your account according to the USD value of your deposit at the time of clearance not at the transaction time.

    1. Standard PayPal Payments

      Standard payments for services can be made from www.ariellamurahwa.com, which is integrated into PayPal, where once off payments will be charged for Package Add-ons and periodic payments for Packages and monthly services. Where custom services or solutions are provided by Ariella Murahwa, an invoice will be sent to the client where PayPal payments towards that invoice will be accessible via the invoice itself.

    2. Direct Payments

      Payments can be made at any time to Ariella Murahwa using https://www.paypal.me/AriellaMurahwa as a url. Either username, registered email address or invoice number must be specified in the PayPal payment.

    3. Linked Payments and Account Settlement

      In the event that you are experiencing difficulty making payment or need to settle your account email This email address is being protected from spambots. You need JavaScript enabled to view it. and Ariella Murahwa will send you a link with all the data already input so you can make payment.

      If PayPal is unavailable in your country Ariella Murahwa will send you a PayFast link which will allow you to settle your account balance.

    4. South African Bank Details

      For clients who reside in South Africa only and by prior arrangement:

      FNB Business Cheque Account
      Account Number:
      62688003955
      Branch Code:
      250955
      Holder:
      Ariella Murahwa (PTY)LTD
      Reference:
      Username/registered email/invoice reference
  9. Termination in General:

    Ariella Murahwa recognizes that circumstances may cause a project to no longer be viable or in the best interests of the client as an undertaking. As such Ariella Murahwa follows the following general guidelines as protocol in terminating the project;

    • All work that has been paid for will be handed over to the client.

    • The stage of work that is currently under development and should have been charged to and paid by the client will charged and paid for in full should it not already have been. The client can request for this stage to be completed and its material product handed over to the client.

    • If the client has paid for work that has not commenced the client will be refunded for that work with the following deductions;

      1. The full cost of any packages purchased
      2. The cost of any 3rd party memberships e.g. iTunes Developer fees, Hotjar memberships, Google Analytics fees
    • All packages are non-refundable and any monthly costs will still be charged until their duration is complete with the exception of month to month packages such as the ORM Package and its add-ons.

    • If a specific package or package add-on has specific termination conditions and protocols those protocols will be observed above all else.

  10. Disputes:

    In the event of a dispute between either level 1 contractors or Clients and Ariella Murahwa the following steps will be taken towards dispute resolution;

    1. The parties in dispute will submit themselves to PayPal’s dispute resolution process.

    2. Should PayPal fail to resolve the dispute for any reason or either party seek to overturn PayPal’s decision the parties in dispute will submit to an online arbitration from Arbitration Resolution Services - https://www.arbresolutions.com/.

    3. Should either party wish to take the matter beyond arbitration and arbitration appeals, that party may petition the North Gauteng High Court of the Republic of South Africa which shall be the final authority on the matter.

  11. Updates to this statement and these Terms:

    We’ll notify you before we make changes to these terms and give you the opportunity to review and comment on the revised terms before continuing to use our Services. Your continued use of the Ariella Murahwa products and services including but not limited to www.ariellamurahwa.com, following notice of the changes to our terms, policies or guidelines, constitutes your acceptance of our amended terms, policies or guidelines.

The following terms apply to specific stakeholders and users according to the nature of their interaction with Ariella Murahwa products and services. Any of the following terms apply in addition to the aforegoing terms and in conjunction with specific contracts or terms agreed to by clients i.e. all agreements served to clients by Ariella Murahwa are to be taken in addendum to these terms and the aforegoing;

Copyright © 2020 Ariella Murahwa (PTY) LTD. ALL RIGHTS RESERVED