Cookie Policy
We may place small text files on your device when you visit our website that allow us to provide you with a personalised experience by associating your personal information with your device. They let us remember your preferences, allow third parties to provide services to you, and otherwise serve useful purposes for you. Your internet browser generally accepts them automatically, but you can often change this setting or delete them manually by amending your browser settings. However, we won’t be able to provide you with access to certain aspects of our website where cookies are necessary, if you do so, we have no access to or control over any cookies that our business partners use on our website and they have their own privacy polices that govern them.
Protection of Personal Information Act of 2013 (“POPI”)
We are committed to protecting your privacy. Whenever you use our website, complete an application form or contact us electronically, you consent to our processing of your personal information in accordance with the requirements of POPI. In the event that you wish to revoke your consent, please send an email to info@ziwani.com.
Privacy Policy
At Ziwani Community NPC (reg: 2024/134328/08) (“Ziwani”) we adhere to the highest standards of protecting your personal data when we process it by virtue of your use of our website, www.ziwani.com (“the Platform”), our services, or by providing us with your personal data in any other way. As such, we have created this privacy policy for you to read and to understand how we safeguard your personal data and respect your privacy (“Privacy Policy”).
Please ensure that you read all the provisions below, and our policies and guidelines which may apply from time to time, to understand all of your, and our, rights and duties.
- Important Information and Who We Are Purpose of this Privacy Policy
This Privacy Policy aims to give you information on how we collect and process your personal data through any form of your engagement with us. This Privacy Policy complies with, and facilitates the obligations required from the Protection of Personal data Act, No. 4 of 2013 (“POPIA”), as amended and any other applicable data protection laws.
It is important that you read this Privacy Policy together with any other privacy policy or fair processing notice we may provide on specific occasions when we are collecting or processing personal data about you, so that you are fully aware of how and why we are using your personal data. This Privacy Policy supplements the other notices and is not intended to override them.
Our services are not intended for minors and we do not knowingly collect personal information from minors. Do not provide us with any such personal data, as it will constitute an immediate and automatic material breach of this Privacy Policy.
Responsible Party and Operator
Ziwani is the “Responsible Party” and is responsible for your personal data when we decide the processing operations of your personal data.
We have appointed an information officer at Ziwani who is responsible for overseeing questions in relation to this Privacy Policy. If you have any questions about this Privacy Policy, including any requests to exercise your legal rights, please contact our information officer using the details set out below.
Our Contact Details
- Legal entity: Ziwani Community NPC
- Information Officer: Adri Swart
- Email address: info@ziwani.com
- Postal address: 11 Hammanshand Road, Stellenbosch, Western Cape, 7600
You have the right to make a complaint at any time to the Information Regulator’s Office. We would, however, appreciate the chance to deal with your concerns before you approach any such supervisory authority, so please contact us in the first instance.
Changes to This Privacy Policy
This Privacy Policy was last updated on 14 April 2026 and previous versions are archived and can be provided on request.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
This Privacy Policy is subject to change without notice and is updated or amended from time to time and will be effective once we upload the amended version to the Platform. Your continued access or use of our services constitutes your acceptance of this Privacy Policy, as amended. It is your responsibility to read this document periodically to ensure you are aware of any changes.
Third-Party Links on Platform
The Platform may include links to third-party websites, plug-ins, and extensions. Clicking on those links or enabling those connections may allow third parties to collect or share information about you. We do not control these third-party websites and are not responsible for their privacy statements or terms. When you leave our Platform, or engage with such third parties, we encourage you to read the distinct privacy policy of every third-party you engage with. Ziwani does not accept any responsibility or liability for your use of such third-party websites, plug-ins and extensions, nor for the privacy policies and practices of the owners or operators of them.
2. What We Collect About You
Personal data, or personally identifiable information, means any information about an individual, both natural and juristic entities (people and companies), from which that entity can be identified. It does not include information where the identity has been removed (anonymous data).
We may collect, use, store, and transfer (“process”) different kinds of personal data about you which we have grouped together as follows:
Identity Data including information about you or your company such as full name, company name, address and registration details.
Contact Data including email address, residential and/or business address, and contact numbers.
Financial Data including bank account details, payment preference and information (which is processed and stored by our payment service provider) and invoicing information.
Transaction Data including details about payments to and from you, contracts, contractual terms, contract fees, signups, invoices and other details of services you have obtained from us or provide to us.
Technical Data including internet protocol address/es, login data, browser type and version, time zone setting and location, cookies, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access the Platform.
Usage Data including information about how you use our company, Platform, services and surveys.
Marketing and Communications Data including messages sent to us, your preferences in receiving notices and marketing from us and your communication preferences as well as details of which communications were sent to you and how they were sent.
We may also collect, use, and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. However, if we combine Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this Privacy Policy.
Where we need to collect your personal data and you fail to provide that data when requested, we may not be able to provide you with our services. In this case, we may have to suspend your use of our services but we will notify you if this is the case at the time.
Special Categories of Personal Data
We may process certain categories of personal data that constitute “special personal information” as contemplated in POPIA (“Special Personal Information”). Due to Ziwani being a faith-based organisation, this may include personal data revealing your religious or philosophical beliefs (for example, where you participate in, request information about, or otherwise engage with Ziwani’s faith-based activities, programmes, community services, or communications), and any other Special Personal Information you voluntarily provide to us.
We will only process Special Personal Information where such processing is permitted under POPIA, is necessary for a lawful purpose, and we have implemented appropriate safeguards. In particular, we may process Special Personal Information where:
- we have obtained your specific, voluntary, and informed consent (including where required, your express consent), which you may withdraw at any time by contacting us;
- the processing is carried out in the course of Ziwani’s legitimate activities as a non-profit and faith-based body, and relates to its members, donors, volunteers, beneficiaries, participants, or persons who have regular contact with Ziwani in connection with its purposes, provided that the Special Personal Information is not supplied to a third party without your consent, unless the supply is required or permitted by law; and/or
- the processing is otherwise required or permitted by law, including for the establishment, exercise, or defence of a right or obligation in law, or for compliance with legal and regulatory obligations.
We will process Special Personal Information on a need-to-know basis, limit access to authorised persons only, and apply appropriate technical and organisational security measures to protect it against loss, damage, unauthorised access, or unlawful processing. We will not use Special Personal Information for purposes that are incompatible with the purpose for which it was collected, unless we are permitted to do so under POPIA.
3. How Is Your Personal Data Collected?
We use different methods to collect personal data from and about you, including through:
Direct interactions: You may give us your personal data by using our services, or by corresponding with us through the Platform, by email or otherwise. This includes personal data you provide when you:
- Use our services;
- Use our platform;
- Contract with us;
- Provide any services to us as a service provider or independent contractor;
- Request information to be sent to you;
- Give us some feedback.
Automated technologies or interactions: As you interact with our Platform, we may automatically collect Technical Data and Usage Data about your device. We may collect this personal data by using cookies, server logs and other similar technologies.
Third parties: We may receive personal data about you from various third parties such as:
- Analytics providers;
- Marketing platforms;
- Search information providers;
- Customer Relationship Management software;
- Payment service provider/s.
4. How We Use Your Personal Data
We will only process personal data under one or more of the following lawful bases:
- Where we have your express consent to do so;
- Where we need to consult with you or perform on the services contract we are about to enter into or have entered into with you;
- Where it is necessary for our legitimate business interests (or those of a third party) and your interests and fundamental rights do not override those interests; and/or
- Where we need to comply with a legal or regulatory obligation.
5. Purposes For Which We Will Use Your Personal Data
We have set out below the purpose for which we will process your personal data, which includes:
- to register you (or your organisation) on our systems, verify your details, and create and administer your profile, subscriptions, enrolments, and participation in our programmes, courses, cohorts, Counsel Groups (or similar peer-learning communities), workshops, intensives, gatherings, and events (whether online or in-person);
- to communicate with you about Ziwani’s offerings, schedules, venues, online access links, programme updates, materials, pre-work, follow-up actions, and any operational information necessary to deliver our services;
- to assess applications, registrations, eligibility, suitability, and group placement (including allocating you to cohorts, peer-learning groups, or facilitated communities), and to manage attendance, engagement, and participation records;
- to deliver formation programmes, learning experiences, training, teaching, facilitation, coaching, and strategic engagements (including Redemptive Action Intensives) and to support the organisational application of strategies, tools, and outcomes arising from such engagements;
- to provide, administer, and improve our content, curriculum, teaching resources, and digital content series (including resources distributed via third-party platforms, such as RightNow Media), including enabling access, managing user permissions, and providing technical support and user assistance;
- to issue invoices, process payments and refunds, administer discounts, maintain financial records, reconcile accounts, and perform related accounting, audit, and governance functions;
- to manage our relationships with donors, sponsors, vendors, service providers, facilitators, speakers, and contractors, including contracting, onboarding, coordination, and payment where applicable;
- to provide organisational resources and leadership tools intended for internal use within companies, teams, or communities, including coordinating with nominated organisational contacts and administering licences, access, and distribution (where applicable);
- to provide free resources (including articles, videos, podcasts, book reviews, downloadable booklets, and newsletters) and to administer mailing lists and preferences, and to respond to enquiries and requests for information;
- to request and receive feedback, conduct surveys, evaluations, and quality assurance processes, and to analyse participation and engagement in order to improve our programmes, services, and user experience;
- to operate, maintain, secure, and improve the Platform and our IT systems, including user authentication, troubleshooting, analytics, usage monitoring, data back-ups, and information security;
- to market our programmes, events, products, and services to you (where permitted by law and subject to your marketing preferences), including sending updates and communications and managing opt-out requests;
- to comply with applicable laws and regulations and to meet reporting, record-keeping, and compliance obligations (including tax and statutory obligations), and to cooperate with lawful requests and investigations by competent authorities;
- to protect Ziwani’s rights, property, and interests (including the enforcement of agreements, prevention and detection of fraud, security incidents and misuse, and the establishment, exercise, or defence of legal rights and claims); and
- to generate aggregated and de-identified statistics and insights for reporting, research, programme improvement, impact measurement, and strategic planning, provided that such information does not identify you.
6. Change of Purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules and where required or permitted by law.
Marketing
We strive to provide you with choices regarding how we use your personal data, particularly for direct marketing. Where we send you direct marketing, we will do so in accordance with POPIA and will always give you a reasonable opportunity to opt out (free of charge and in a manner that is not burdensome). To exercise your rights in relation to direct marketing, please use the opt-out option included in those communications or contact us.
We may send direct marketing to you if you are an existing customer/client and the marketing relates to similar services, provided that you were given a reasonable opportunity to object (opt out) when your details were collected and in each subsequent marketing communication. If you are not an existing customer/client, we will only send you direct marketing where we have your consent or where otherwise permitted by POPIA.
You can object to direct marketing and ask us to stop sending you marketing messages at any time by using the opt-out option in our communications or by contacting us and requesting that we cease or change your marketing preferences. If you opt out of direct marketing, we may still send you non-marketing communications where necessary to provide our services to you or to administer our relationship with you (for example, service notices, programme administration, security messages, invoices, or other important information).
Third-Party Marketing
Whilst we may use your personal data within our company, we will get your express opt-in consent before we share your personal data publicly with any entity outside of Ziwani for marketing.
Disclosures Of Your Personal Data
We may share your personal data with the parties set out below for the purposes set out above.
- Internal third parties including other entities or parties in the Ziwani group and their respective directors, consultants and employees;
- External third parties including:
- Authorised service providers under contract with Ziwani who process personal data as an operator only with our instruction;
- National governments and/or their respective authorities pursuant to our adherence with legislative requirements (such as the South African Revenue Service); and
- Professional advisers including lawyers, bankers, auditors and insurers who provide consultancy, banking, legal, insurance and accounting services as required.
- Third parties to whom we may choose to sell, transfer, or merge parts of our company or our assets. Alternatively, we may seek to acquire other organisations or merge with them. If a change happens to our company, we may continue to use your personal data in the same way as set out in this Privacy Policy.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data in accordance with our instructions and standards.
7. Cookies
The Platform may make use of “cookies” to automatically collect information and data through the standard operation of the internet servers. “Cookies” are small text files a platform can use (and which we may use) to recognise repeat users, facilitate the user’s on-going access to and use of a platform and allow a platform to track usage behaviour and compile aggregate data that will allow the platform operator to improve the functionality of the platform and its content, and to display more focused advertising to a user by way of third party tools.
The type of information collected by cookies is not used to personally identify you. If you do not want information collected using cookies, there is a simple procedure in most browsers that allows you to deny or accept the cookie feature. Please note that cookies may be necessary to provide you with certain features available on our Platform and thus if you disable the cookies on your browser you may not be able to use those features, and your access to our Platform will therefore be limited. If you do not disable “cookies”, you are deemed to consent to our use of any personal data collected using those cookies, subject to the provisions of this Privacy Policy and our other policies or terms.
8. International Transfers
We may process your personal data outside of South Africa to engage with third party service providers who provide software to us, cloud storage, web development services or any other services necessary for our business.
If we transfer your personal data out of South Africa, we will ensure a similar degree of protection is afforded to it by ensuring at least one of the following safeguards is implemented:
- We will only transfer your personal data to countries that have appropriate data protection legislation in place; and/or
- We will use specific contracts/clauses which ensure personal data is processed and secured lawfully.
9. Data Security
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used, or accessed in an unauthorised way, altered, or disclosed by implementing reasonable technical and organisational measures in accordance with industry best practice such as access controls, password protection, multi-factor authentication where available, secure cloud storage, encrypted communications, user permission management, regular system updates, and restricted access to personal information on a need-to-know basis.
We also limit access to your personal data to those employees, agents, contractors and other third parties who have a legitimate need to know. They will only process your personal data on our instruction and are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and the Information Regulator of a breach where we are legally required to do so.
10. Data Retention
We will only retain your personal data for as long as necessary to fulfil the purpose we collected it for including any legal, accounting, or reporting requirements.
We may also anonymise your personal data (so that it can no longer be associated with you) for research or statistical purposes in which case we may use this information indefinitely without further notice to you.
Your Legal Rights
You have rights in relation to your personal data where we are the relevant “Responsible Party” over such personal data. Please contact us to find out more about, or manifest, these rights:
- request access to your personal data;
- request correction of your personal data;
- request erasure of your personal data;
- object to the processing of your personal data;
- request a restriction of processing your personal data;
- request transfer of your personal data; and/or
- right to withdraw consent.
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive, or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Users with citizenships from jurisdictions other than South Africa, please note that we comply with South African data protection laws when processing your personal data. Should foreign law be applicable to your use of our services and/or the Platform in any way, including how we may process your personal data, please contact us and we will gladly engage with you on your rights.
PAIA MANUAL
PREPARED IN TERMS OF SECTION 51 OF THE PROMOTION OF ACCESS TO INFORMATION ACT 2 OF 2000 (AS AMENDED) AND THE PROTECTION OF PERSONAL INFORMATION ACT 4 OF 2013 (AS AMENDED)
OF
ZIWANI COMMUNITY NPC
2024/134328/08
COMPILED: APRIL 2026
- INTRODUCTION
Ziwani Community NPC (“Ziwani”) understands the importance of transparency and the Constitutional right of access to information and will do our outmost best to ensure that anyone who requires access to any record to fully exercise and protect their rights has access to the PAIA Guide prepared by the Regulator as well as assistance from us in undertaking the request process. Ziwani takes extreme care to ensure all the records we hold are protected from unlawful access and are processed in accordance with South African law. To this end, we have prepared this PAIA manual in accordance with the requirements of section 51 of PAIA to assist anyone where they seek to request access to information held by us under PAIA.
2. DEFINITIONS AND INTERPRETATION
In this Agreement, unless otherwise indicated by context, the following words and expressions bear the meanings assigned to them and cognate expressions bear corresponding meanings:
- “CEO” means the Chief Executive Officer;
- “DIO” means the Deputy Information Officer;
- “IO” means Information Officer;
- “PAIA” means the Promotion of Access to Information Act, 2 of 2000, as amended;
- “POPI” means the Protection of Personal Information Act, 4 of 2013, as amended;
- “Regulator” means the Information Regulator established in terms of section 39 of POPI;
- “Regulations” means the regulations published in terms of section 92 of PAIA; and
- “South Africa” means the Republic of South Africa.
3. PURPOSE OF PAIA MANUAL
The purpose of this PAIA manual is to assist anyone to:
- review the categories of records we hold which are available without having to submit a formal PAIA request;
- understand how to make a request for access to a record of ours, by providing a description of the subjects on which we hold records and the categories of records held under each subject;
- review the types of records which are available in accordance with any other legislation;
- access all the relevant contact details of the IO and DIO of Ziwani who will assist with the records anyone intends to access;
- understand how to access the guide on how to use PAIA, as updated by the Regulator;
- understand whether we will process personal information, the purposes for which we process personal information and the description of the categories of data subjects and of the information or categories of information relating thereto;
- distinguish the categories of data subjects and of the information or categories of information relating thereto;
- identify the third parties to whom personal information may be supplied by us;
- identify if we have planned to transfer or process personal information outside of South Africa and the parties to whom the personal information may be transferred; and
- understand the appropriate security measures we employ to ensure the confidentiality, integrity, and availability of the personal information we process.
4. GUIDE ON HOW TO USE PAIA AND HOW TO OBTAIN ACCESS TO THE GUIDE
- The Regulator has, in terms of section 10(1) of PAIA, updated and made available the revised Guide on how to use PAIA (“PAIA Guide”), in an easily comprehensible form and manner, as may reasonably be required by a person who wishes to exercise any right contemplated in PAIA and POPI.
- The Regulator has made the PAIA Guide available in each of the official languages of South Africa and in braille.
- The PAIA Guide contains the following:
- The objects of PAIA as well as POPI;
- How to access the postal address, telephone number and email address of every registered IO and DIO (for both public and private bodies);
- The manner and form of request for:
- access to a record of a public body contemplated in section 11 of PAIA; and
- access to a record of a private body contemplated in section 50 of PAIA.
- the assistance available from the IO of a body in terms of PAIA and POPI;
- the assistance available from the Regulator in terms of PAIA and POPI;
- all remedies in law available regarding an act or failure to act in respect of a right or duty conferred or imposed by PAIA and POPI, including the manner of lodging –
- an internal appeal;
- a complaint to the Regulator; and
- an application with a court against a decision by the IO of a public body, a decision on internal appeal or a decision by the Regulator or a decision of the head of a private body;
- the provisions of sections 14 and 51 of PAIA requiring a public body and private body, respectively, to compile a manual, and how to obtain access to a manual;
- the provisions of sections 15 and 52 of PAIA providing for the voluntary disclosure of categories of records by a public body and private body, respectively;
- the notices issued in terms of sections 22 and 54 of PAIA regarding fees to be paid in relation to requests for access; and
- the Regulations.
- Anyone can inspect or make copies of the PAIA Guide from the office of the Regulator, during normal working hours.
- The PAIA Guide can also be obtained –
- upon request to Ziwani’s IO;
- from the website of the Regulator.
- A copy of the PAIA Guide is also available in the following two official languages, for public inspection during normal office hours-
5. CONTACT DETAILS FOR ACCESS TO INFORMATION
INFORMATION OFFICER
Name: Adri Swart
Email: Adri@Ziwani.com
GENERAL CONTACT:
Email: info@ziwani.com
HEAD OFFICE
Physical Address: 11 Hammanshand Road, Stellenbosch, Western Cape, 7600
Postal Address: As above.
Website: www.ziwani.com
6. PROCEDURE TO REQUEST ACCESS TO INFORMATION
- A request for access to information for a record held by the company must be made on a form which corresponds substantially to that of Form 2 along with proof of payment of the prescribed fee to Ziwani’s IO at the details listed 5.
- When completing Form 2 or a form substantially similar, a requester must provide clear and accurate information and clearly state the right which the requestor seeks to exercise or protect, the record which they are seeking to access and an explanation as to how such record will assist them to exercise or protect their rights.
- Ziwani has 30 (thirty) days within which to respond to any request received. Once a decision has been made, the company’s IO will inform a requester of their decision whether to grant or refuse a request and any fees payable on a form that corresponds substantially to that of Form 3 of the Regulations.
- Ziwani may refuse a request for access to a record on any of the grounds listed in Chapter 4 of PAIA (which are listed in the PAIA Guide).
- A requestor is required to pay the request fee before a request will be processed. The request fee is listed in Annexure B to the Regulations. The current request fee payable is R140.00 (one hundred and forty Rand) per request.
- The request fee must be paid into Ziwani’s nominated bank account, which details are available from our IO or DIO on request.
7. REMEDIES
- If a requestor is unhappy with a decision made, they may submit a complaint to the Regulator.
- A complaint to the Regulator must be made on a form which corresponds substantially to that of Form 5 of the Regulations. A complaint to the Regulator must be lodged within 180 (one hundred and eighty) days of receipt of the decision from Ziwani.
- The complaint will then follow the dispute resolution process described in the Regulations as well as the PAIA Guide.
8. RECORDS WHICH ARE AVAILABLE WITHOUT REQUEST
The following records are made freely available by Ziwani and do not require any request to access:
Category of records | Types of the Record | Where Available |
Ziwani Policies | Terms of Use | |
Ziwani Policies | Privacy policy |
9. RECORDS WHICH ARE AVAILABLE IN ACCORDANCE WITH OTHER LEGISLATION
The following records are freely available to the public in accordance with legislation:
Category of Records | Applicable Legislation |
Memorandum of Incorporation | Companies Act 71 of 2008 |
PAIA Manual | Promotion of Access to Information Act 2 of 2000 |
Privacy Policy | Protection of Personal Information Act 4 of 2013 |
10. SUBJECTS AND CATEGORIES OF RECORDS HELD
Ziwani holds records on the following subjects:
Subject of Records | Categories of Records |
Company Secretarial | Memorandum of Incorporation; resolutions, director registrations, minutes of meetings |
Human Resources | HR policies and procedures; available employment opportunities; employee records |
Finance | Banking/bank account records; contractual agreements, accounting records, financial statements and reports, invoices |
Intellectual Property | Trademarks, copyright, knowhow, and contractual agreements; original designs |
Tax | Income tax records, contractual agreements |
Commercial Agreements | Service level agreements; contractor agreements |
Information Technology | Software licenses, data protection measures, data retention formulae, breach recovery processes |
11. PROCESSING OF PERSONAL INFORMATION
- Purpose of Processing
- Ziwani processes personal information under one or more lawful bases. We therefore processes personal information in the following circumstances:
- to provide our services to our users and participants;
- to receive and accept services;
- to provide it to authorised third party service providers who need personal information to provide services to us (such as payment service providers);
- to provide it to mandated government authorities when instructed to do so for legal compliance only (such as SARS);
- to improve experiences on our website through analytical data.
- Data Subjects and Information Processed
- Ziwani processes personal information under one or more lawful bases. We therefore processes personal information in the following circumstances:
As a responsible party, we process the following information from the following list of data subjects:
Data Subjects | Personal Information that may be processed |
Users / Participants | Information from on-boarding which includes personal information; contact details; company information; support enquiries. |
Service Providers | Company information such as name, registration number, VAT information, registered address, Information obtained from service level agreements such as, trade secrets confidential information and banking information. |
Employees / Possible Employees / Directors / Shareholders | Full name, identify documentation, address, contact information, educational qualifications (including curriculum vitae), gender, race, banking information, and tax information. |
Independent Contractors / Sub-Contractors | Company information such as name, registration number, VAT information, registered address, and/or personal information such as full name, address, identity number, contact information, and information obtained from contractual agreements such as confidential information, banking information and/or tax information. |
3. Third Party Recipients to Whom We Share Personal Information
In accordance with our operational requirements, we share personal information with the following third parties:
Category of personal information | Recipients or Categories of Recipients to whom the personal information may be supplied |
Marketing, Financial, Transactional, Contractual | CRM providers, email marketing platforms, and social media networks, website hosting providers, and secure cloud storage. |
Identity, Contact, Financial, Transactional, Contractual, Technical and Usage data. | General business software to provide services. |
Identity, Contact, Financial, Transactional, Contractual, and Technical Data. | Salesforce CRM |
Financial Data | Payment gateway provider |
4. International Transfers
- Ziwani may transfer personal information outside of South Africa in the following circumstances:
- Personal information which is stored using secure cloud severs hosted outside of South Africa.
- Service providers including software for business operation, based outside of South Africa.
- Personal information may be shared within the Ziwani group of organisations.
- Whenever we transfer any personal information outside of South Africa, we always ensure a similar degree of protection is afforded to it by ensuring there are contracts in place with all such third parties, providing warranties that they will process the personal information at standards equal to or better than those applied by us.
5. Data Security
To prevent the personal information we process from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed we use industry standard cybersecurity measures. All information processed is also restricted to only those individuals who need access.
12. AVAILABILITY OF PAIA MANUAL
- A copy of this PAIA Manual is available-
- on our website, at www.ziwani.com;
- to any person upon request and upon the payment of a reasonable prescribed fee; and
- to the Information Regulator upon request.
- The fee for a copy of this PAIA Manual, as contemplated in Annexure B of the Regulations, shall be payable per each A4-size photocopy made.
13. UPDATE TO THIS PAIA MANUAL
- This PAIA Manual will be regularly updated by Ziwani’s IO.
- This PAIA Manual was last updated on 14 April 2026.
Thank you for your interest and if you have any questions, please direct them to the Information Officer.
TERMS AND CONDITIONS OF USE
Last updated: 14 April 2026
- Introduction and Legal Terms
By accessing or using our website, https://ziwani.com/ or any related platform or application (collectively, “the Platform”), or any of our services, you agree that you have read, understood, and agree to be bound to the terms and conditions contained herein (“Terms”). All rights in and to the content of the Platform always remain expressly reserved by Ziwani.
These Terms explain the conditions applicable to how you will use the Platform. Please read these Terms carefully before using the Platform. We will assume you have read and understood these Terms if you continue to access or make use of our Platform.
Please pay specific attention to the BOLD paragraphs of these Terms. These paragraphs limit our risk or liability, constitute an assumption of risk or liability by you, impose an obligation on you to indemnify us or is an acknowledgement of any fact by you.
The terms “user”, “you” and “your” are used interchangeably in these Terms and accordingly refer to you. Accordingly, the terms “us”, “our” or “we” refers to Ziwani or our possession.
2. Our Services
What Our Platform Offers: Ziwani provides formation programmes, learning experiences, and strategic workshops/intensives designed to equip and support Christian business leaders and organisations seeking to integrate faith and work (“Services”).
Our Services may include –
- Subscription-based small group programmes, including facilitated Counsel Groups or similar peer-learning communities, typically delivered in recurring sessions with guided discussion, reflection, and practical application for faith-and-work integration;
- Online or in-person courses, trainings, or cohort-based learning series (whether live or self-paced), which may include teaching sessions, readings, exercises, and optional assignments or group discussion;
- Strategic intensives or facilitated engagements, including Redemptive Action Intensives, which may involve guided workshops, leadership alignment, strategy development, and organisational application (including action plans, tools, or implementation support);
- Once-off or multi-day workshops, gatherings, or events (virtual or in person), including facilitated sessions, teaching, and interactive exercises;
- Digital content series, curriculum, or teaching resources (including video, audio, and written materials), including programmes such as Business Fellowship in a Box (BFAB), which may be hosted or distributed through third-party platforms (for example, RightNow Media);
- Organisational resources and leadership tools designed for internal use within companies, teams, or communities, such as frameworks, discussion guides, assessment tools, meeting resources, or implementation templates; and
- Free resources such as articles, videos, podcasts, book reviews, and downloadable booklets, which may be made available on the Ziwani website, via email, or through social and other online channels.
Disclaimer: The Services are provided for faith-and-work formation, learning and general informational purposes only. While we aim to provide helpful, biblically grounded and practically relevant content, the Services do not constitute (and are not a substitute for) professional advice of any kind, including legal, financial, tax, investment, accounting, HR, medical, psychological, counselling or other regulated professional advice. You remain solely responsible for your business decisions, actions and outcomes, including obtaining appropriate professional advice and ensuring compliance with all applicable laws, regulations, industry standards and internal policies. Any examples, case studies, tools, templates or suggested strategies are illustrative only and may not be appropriate for your specific circumstances. Results and outcomes may vary, and we do not warrant or guarantee any specific result.
Updates: We may from time to time update, refine, change, replace, rebrand, repackage, expand, reduce, suspend or discontinue any aspect of the Services (including their format, duration, facilitators, curriculum, content, delivery method, platforms used, eligibility requirements, pricing, schedules, and the availability of specific programmes, events, cohorts, tools or resources) to improve quality, respond to participant needs, comply with legal or platform requirements, or for operational reasons. Where a change is reasonably likely to materially affect a booked or paid-for Service, we will use reasonable endeavours to notify you in advance using the contact details linked to your account and/or by posting an update on the Platform, unless the change is urgent or required for safety, security, legal compliance, or circumstances beyond our reasonable control. Unless we expressly agree otherwise, any such updates will apply prospectively and will not affect Services already confirmed and paid for, except where necessary to comply with law or to address safety, security, or material operational constraints, in which case we may offer a reasonable alternative, credit, rescheduling, or refund (as applicable).
3. Signing up for the Services
Sign-Up: To sign-up for one or more of the Services, you must register through the Platform or as otherwise directed. To complete the profile registration, we will require certain information which may include, but are not limited to, your name, email address and contact number.
Accurate Information: When using our Services you agree to provide accurate, authentic, current, and complete information and to update this information as and when it changes.
Warranty: By sharing personal data with us, you warrant that the persons using the Services have the authority to do so and to act on behalf of a juristic entity. You are responsible for the information provided, and all the actions taken on the Platform and through the Services. Please see our Privacy Policy for more details on how we use and processes personal data.
Unlawful Access: Please let us know if you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorised disclosure or use of your username, password, or any payment card information) to avoid possible liability for any unauthorised charges to your account.
4. Payment for Services
Payments for paid-for Services are made through the Platform (unless we agree otherwise in writing) using the payment options made available at checkout. We may use third-party payment processors, and you authorise us (and any such processor) to charge the applicable fees to your selected payment method.
Unless otherwise stated and communicated on the Platform or in an invoice, all prices are in South African Rand (ZAR) and are payable in advance before you receive access to, or participate in, the relevant Service. Prices may be stated as inclusive or exclusive of VAT or other applicable taxes, as indicated on the Platform or invoice, and you are responsible for any taxes or duties that apply to your purchase.
Some Services are payable immediately by online card or other electronic payment at checkout. Certain Services may instead be provided on an invoiced basis (for example, where agreed for an organisation booking or facilitated engagement), in which case the invoice will set out the fees and payment due date, and you agree to pay the invoice in full by that due date. If you do not pay an invoice when due, we may (without prejudice to any other rights) suspend delivery of the Services, withhold access to any related materials, and/or charge interest or late-payment charges to the extent permitted by applicable law.
Counsel Groups are offered on an annual subscription basis and will auto-renew each year (with notice) unless you cancel before the renewal date in the manner described on the Platform or as otherwise communicated to you. By subscribing, you authorise us to automatically charge the applicable subscription fee and any applicable taxes to your payment method on each renewal until you cancel.
Participation in a Counsel Group may from time to time involve meetings, gatherings, meals, travel, catering, or other group-related activities and expenses (“Group Activities”), as determined by the participating Counsel Group members. Unless expressly stated otherwise by Ziwani in writing, all costs associated with Group Activities are the responsibility of the participating group members and/or the group itself, are managed independently by the group, and are not included in the Counsel Group subscription fee. Ziwani is not responsible for funding, reimbursing, organising, or paying such costs on behalf of participants.
As part of Ziwani’s commitment to supporting the formation and sustainability of Counsel Groups, a portion of Counsel Group subscription fees may be allocated toward the group’s annual or periodic Counsel Retreat. Unless otherwise communicated by Ziwani or agreed in writing, fifty percent (50%) of each monthly Counsel Group subscription fee will be allocated toward the retreat fund associated with that Counsel Group. Such funds will be administered and paid out by Ziwani toward retreat-related purposes approved by Ziwani. Ziwani reserves the right to amend the allocation percentage, funding model, administration process, or applicable arrangements upon reasonable notice to participants. Any amounts allocated toward a retreat fund are non-refundable and remain allocated to the applicable Counsel Group, regardless of a participant’s attendance, withdrawal, cancellation, or termination of participation.
We may increase our fees from time to time. If we make a material change to fees for a subscription (including Counsel Groups), we will give you reasonable prior notice (for example, by email and/or by notice on the Platform) before the new fees take effect, and the new fees will apply from your next renewal date (or, for non-subscription Services, to new purchases made after the change takes effect). If you do not agree to the increased fees for a subscription, you may cancel before the renewal date in order to avoid being charged the increased amount.
If any payment is declined, reversed, or not received when due, we may (without prejudice to any other rights) suspend or cancel your access to the Platform and/or the relevant Service until payment is received, and you remain responsible for any outstanding amounts. You are responsible for keeping your billing details up to date, and we may re-attempt failed payments using the same payment method, subject to the rules of the relevant payment provider.
5. Cancellation and Refund Policy
We recognise that circumstances may change and aim to handle cancellations and refunds fairly, while protecting the sustainability of our programmes and the time commitments made by facilitators and participants.
To cancel, you must notify us in writing (for example, by email using the contact details on the Platform) and include the name of the participant, the relevant programme or event, and the date of purchase. Any refund due will be paid to the original payment method (or, where not possible, by another method we agree with you) within a reasonable time.
Subscription-Based Programmes (including Counsel Groups)
Certain offerings operate on a monthly or annual subscription basis, including facilitated small-group programmes such as Counsel Groups (each a “Subscription Programme”).
You may cancel a Subscription Programme at any time. Cancellation will take effect at the end of your then-current billing period and will stop future billing cycles.
Except where required under applicable law, subscription fees already paid are non-refundable and we do not provide pro-rated refunds for a partial billing period.
Annual subscriptions renew automatically at the end of each cycle unless cancelled before the renewal date. We will provide reasonable notice before renewal (for example, by email and/or by notice on the Platform), and you may opt out at any time before the renewal takes effect.
Courses, Cohort Programmes, and Trainings; as well as Digital Content and Third-Party Platform Access
Certain content, including programmes such as Business Fellowship in a Box, may be accessed through third-party platforms (for example, RightNow Media). While access to the content may occur through such platforms, payment is made to Ziwani and these Terms apply to the purchase of the content or programme (unless stated otherwise in writing by Ziwani):
- Cancellation within 5 working days of payment: Full refund (less any non-refundable third-party payment processing charges, where applicable and permitted by law).
- Cancellation after 5 working days and within 10 working days of payment: 50% refund (less any non-refundable third-party payment processing charges, where applicable and permitted by law).
- Cancellation after 10 working days: No refund, except where required under applicable law.
For online group trainings, a full refund will be granted if cancellation occurs at least 72 hours before the first scheduled session (unless access to digital content has already been granted).
Except where required under applicable law, refund rights are forfeited once the 72-hour window has passed, the programme has commenced, or access to digital content has been granted (including where a download link, login access, or other means of access has been provided).
Workshops, Gatherings, and Events
For once-off workshops, gatherings, or events:
- Cancellation at least 10 full working days before the event: Full refund (less any non-refundable third-party payment processing charges, where applicable and permitted by law).
- Cancellation between 5 and 9 full working days before the event: 50% refund (less any non-refundable third-party payment processing charges, where applicable and permitted by law).
- Cancellation between 0 and 4 full working days before the event: No refund, except where required under applicable law.
We may, at our discretion, allow you to transfer a registration to another participant, provided we receive the replacement participant’s details in advance and the replacement participant agrees to these Terms.
Organisational Engagements and Intensives
Certain offerings including Redemptive Action Intensives or organisational engagements, may be delivered under a separate written agreement, proposal, or invoice. In those cases, the payment, cancellation, rescheduling, and delivery terms in that agreement will apply, and will prevail over this section to the extent of any conflict.
Cancellations by Ziwani
We reserve the right to postpone, reschedule, or cancel an offering, training, course, event, or programme due to unforeseen circumstances (for example, facilitator illness, low enrolment, platform failure, or venue issues). If we cancel, you may choose between:
- A full refund, or
- A transfer to a future session where applicable.
6. Event Tickets
From time to time, tickets for Ziwani workshops, gatherings, or events may be sold through an external ticketing platform. If we send you to a third-party site to complete your booking, your use of that platform (including account creation and checkout) is subject to that third party’s terms and privacy policy. If you need help with your booking, you may contact us using the details on the Platform, but we cannot guarantee the availability or performance of any third-party ticketing system.
Cancellations and refunds for event tickets purchased through an external ticketing platform will be handled in line with the “Workshops, Gatherings, and Events” section of these Terms, and (where applicable) any refund will be paid to the original payment method used at checkout. Please note that any non-refundable third-party payment processing or ticketing charges may be deducted from the amount refunded, where applicable and permitted by law.
7. Conduct and Participation
Participants are expected to:
- Engage respectfully and in alignment with Ziwani’s values (stated under “Our Characteristics” on the “About”-page on our Platform), including by participating in good faith, allowing space for different perspectives, and refraining from harassment, discrimination, bullying, or abusive, threatening, or disruptive conduct.
- Honour confidentiality within groups, including by not sharing another participant’s personal, business, organisational, or prayer-related information outside the group without their permission, and by taking reasonable steps to prevent others from overhearing or accessing group discussions (for example, by using a private space and securing notes);
- Refrain from distributing, recording, copying, reproducing, or making publicly available any course, training, session, or other Ziwani materials (including facilitator slides, recordings, templates, workbooks, and participant resources) without Ziwani’s prior written consent, except where such materials are expressly labelled for sharing or third-party distribution.
8. Confidentiality in Counsel Groups
Participants acknowledge that Counsel Groups and similar programmes may involve personal or organisational sharing.
Participants should only share information they are comfortable sharing in a group setting and are responsible for ensuring they have the right to share any organisational information. While participants are expected to respect confidentiality, Ziwani cannot guarantee that all participants will maintain confidentiality and accepts no liability for disclosures made by other participants. Ziwani may also disclose information where it reasonably believes this is necessary to comply with applicable law, to respond to a lawful request, or to protect the rights, safety, and wellbeing of participants, Ziwani, or others.
Ziwani reserves the right to warn, suspend, or remove participants whose behaviour (in our reasonable opinion) is unsafe, unlawful, abusive, disruptive, or otherwise undermines the integrity of the programme or the experience of others. In such cases, access to the relevant offering may be withdrawn (including access to live sessions, communities, and related materials), and refunds (if any) will be handled in line with the cancellation policy and applicable law.
9. Responsibilities and Warranties
Platform Responsibilities: by using the Platform you warrant that –
- you have read and agreed to these Terms and will use the Platform in accordance with them;
- you have not made any misrepresentations and the information provided about you is true, accurate and complete in every aspect;
- you are above the age of 18 (eighteen) years old and have the legal capacity to understand, agree with and be bound with these Terms;
- you lawfully possess and submit all information to Ziwani for the use of the Platform and the Services and hereby indemnify Ziwani against any third-party claims that may arise due to the processing of the information shared by you with Ziwani;
- you will not post, upload, replicate or transmit any abusive content on the Platform or during the Services that is or could reasonably be considered to be threatening, harassing, defamatory, abusive, racist, sexist, discriminatory, in breach of confidence, in breach of privacy or restrict any user in any way from properly using the Platform or the Services;
- you will not send any unsolicited electronic messages or use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the Platform including but not limited to uploading or making available files containing corrupt data or viruses via whatever means or deface, alter or interfere with the front end ‘look and feel’ of the Platform or the underlying software code;
- you will not infringe the intellectual property or other rights of any third party or Ziwani or transmit content that you do not own or do not have the right to publish or distribute;
- you will not use the Platform for any commercial purpose other than as expressly provided for by Ziwani herein;
- you will not use the Platform to breach any applicable law or regulation or perform or encourage any illegal activity including (without limitation) promoting or facilitating money laundering or financial crimes; and/or
- you will not facilitate or assist any third party to do any of the above,
failing which, such action will automatically and immediately be deemed to be a material breach of these Terms, allowing Ziwani to enforce all of our rights in the case of breach, including but not limited to denying you access to the Platform and/or the Services, reporting your actions to an applicable authority or instituting legal proceedings against you.
Connected Devices: The Platform is only available on compatible devices connected to the internet. It is your responsibility to obtain these devices and any connectivity necessary to use the Platform. We do not guarantee that the Platform or any portion thereof, will function on any particular hardware or device.
Access to Services/Platform in Breach: Without prejudice to any of our other rights (whether at law or otherwise), we reserve the right to deny you access to the Platform and/or the Services where we believe (in our reasonable discretion) that you are in breach of any of these Terms.
10. Confidentiality
Ziwani acknowledges that any information you provide in connection with your use of the Platform and Services is confidential to you. Ziwani agrees to maintain the confidentiality of all such information and not to disclose, use, or reproduce it for any purpose other than to provide the Services as expressly permitted under these Terms. This obligation of confidentiality shall survive the termination of your use of the Platform and Services. Ziwani further agrees to take all reasonable steps to protect your confidential information from unauthorised access, disclosure, or use.
11. Data Processing
We will store and process all data you share with us when using the Services, in accordance with applicable data protection legislation (including the Protection of Personal Information Act 4 of 2013 (“POPIA”)) and our Privacy Policy.
You hereby grant us, the right to use and process your data for the purpose of providing our Services to you. We will process, store and maintain your data for such period of time necessary to provide our Services to you.
Please see our Privacy Policy for more information on how we process personal data.
12. Messages
Data messages, including email messages and support queries, you send to us will be considered as received only when we acknowledge or respond to these messages. Data messages we send to you will be regarded as received when the message enters your inbox or and is capable of being retrieved and processed by you.
We reserve the right not to respond to any message that contains obscene, threatening, defamatory or otherwise illegal, unlawful, or inappropriate content, and to take appropriate action against the sender of such message if necessary.
Messages sent over the internet cannot be guaranteed to be completely secure as they can be intercepted, lost, or corrupted. We are therefore not responsible for the accuracy or safety of any message sent over the internet.
13. Hyperlinks, Deep Links, Framing
The Platform may include links to other websites (“other sites“), and we may use third-party platforms and tools (such as payment providers, online meeting platforms, or learning systems) to deliver the Services. We do not own or endorse these other sites or third-party platforms and are not responsible for the information, material, products, or services contained on or accessible through them. While we select third-party platforms with care, we are not responsible for disruptions, outages, or other issues caused by third-party systems. Any hyperlinks do not imply any endorsement, agreement on or support of the content or products of these other sites.
We do not own the content on any other site or third-party platform which may be shown on or accessed through the Platform. Should the owner of any content showcased on the Platform want the content to be removed, please contact us to request the removal of such content. Your access to and use of other sites and any third-party platforms remain solely at your own risk and on the terms set by their operators (including their privacy policies and acceptable use rules).
14. Intellectual Property
Platform IP: All Platform layout, content, material, information, data, software, icons, text, graphics, images, sound clips, advertisements, video clips, user interface design, trade names, logos, trademarks, designs, copyright and/or service marks, together with the underlying software code, (“the intellectual property”) are owned (or co-owned or licenced, as the case may be) by Ziwani, our directors, and/or affiliates, whether directly or indirectly, and as such, are protected from infringement by domestic and international legislation and treaties.
User submitted IP: All rights to any intellectual property you provide to us will remain with you, but for which you have provided us with a revocable, non-exclusive, non-transferable, fully paid licence to use such intellectual property to provide you with our Services.
No Modification of IP: Subject to the rights afforded to you in these Terms, all other rights to all intellectual property on the Platform, the Services or Ziwani are expressly reserved. You may not copy, download, print, modify, alter, publish, broadcast, distribute, sell, or transfer any intellectual property, editorial content, graphics or other material or the underlying software code whether in whole or in part, without our written consent first being granted, which consent may be refused at our discretion. No modification of any intellectual property or graphics is permitted. Should you breach these provisions, we and/or the rightful intellectual property rights owner may launch legal proceedings against you for a breach of contract, resulting in a claim of damages against you.
Updates: We reserve the right to make improvements or changes to the intellectual property, information, videos, graphics, and other materials on the Platform or to suspend or terminate the Platform at any time without notice; provided that any transactions or functions already concluded, will not be affected by such suspension or termination (as the case may be).
Third Party IP: Where any intellectual property has been licensed to us or belongs to any third party (“third party IP”) all rights of use will also be subject to any terms and conditions which that licensor or third party imposes from time to time, and you agree to comply with such third-party terms and conditions. If there is a conflict between the licensing terms of third-party IP and these Terms, the licensing terms of the third-party IP shall prevail only in connection with the related third party IP. Ziwani disclaims all liability related to any third-party components utilised in the Services. You acknowledge that Ziwani is not the author, owner or licensor of any third-party IP, and we accordingly make no warranties or representations, express or implied, as to the quality, capabilities, operations, performance or suitability of third-party IP.
User License: Subject to adherence to these Terms, Ziwani grants to you a personal, revocable, non-exclusive, non-assignable and non-transferable license to use and display all content and information on any machine within your network. However, nothing contained on the Platform or in these Terms should be construed as granting any licence or right to use any intellectual property without our prior written permission.
15. Indemnities and Disclaimers
Disclaimers
The Platform is provided on an “as is” and “as available” basis without any warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or that the Platform will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Ziwani does not warrant that the Platform or Services will meet your specific requirements or that any defects or errors will be corrected. You acknowledge and agree that your use of the Platform and Services is at your sole risk.
No advice or information, whether oral or written, obtained by you from Ziwani or through or from the Platform shall create any warranty not expressly stated in these Terms.
We take reasonable security measures to ensure the safety and integrity of the Platform and to exclude viruses, unlawful monitoring and/or access. However, we do not warrant or represent that your access to the Platform will be uninterrupted or error-free or that any information, data, content, software, or other material accessible through the Platform will be free of bugs, viruses, worms, trojan horses or other harmful components.
To the maximum extent permitted by applicable law, Ziwani, its directors, employees, partners, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from or in connection with (i) your use of or inability to use the Platform or Services (including participation in programmes, facilitated groups, courses, workshops, intensives, events, coaching or facilitated engagements, and/or access to digital content or resources); (ii) any unauthorised access to or use of our systems and/or any personal information stored therein; (iii) any interruption, delay, outage, or cessation of transmission to or from the Platform (including issues caused by third-party platforms or tools used to deliver the Services); (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Platform by any third party; or (v) your reliance on any learning content, tools, templates, discussions, or suggested strategies, as outcomes may vary and depend on individual circumstances and implementation.
You expressly acknowledge and agree that Ziwani is not liable or responsible for any defamatory, offensive, unsafe, or illegal conduct of other users or third parties (including other participants, guest speakers, hosts, venues, or third-party platforms or service providers), or for any disputes between you and such third parties.
Indemnities
You agree to indemnify, defend, and hold Ziwani, its shareholders, directors, employees, and partners harmless from any and all direct or indirect liability, loss, claim, demand, damages, costs, and expenses (including reasonable legal fees) to the extent arising from or in connection with (a) your use of the Platform and/or Services (including participation in programmes, facilitated groups, courses, workshops, intensives, events, and/or access to digital content or resources, whether delivered by Ziwani or through third-party platforms), (b) any information you provide to us or through the Services (including registration details, organisational information, payment and billing information, and any content you submit, share, or upload) or instructions you give us, (c) your failure to follow any reasonable participation requirements, community guidelines, or instructions provided by Ziwani or a facilitator (including requirements relating to online sessions, venues, or event logistics), (d) your breach of these Terms or any applicable law, or (e) any claim by a third party arising from your acts or omissions (including your interactions with other participants, guests, speakers, venues, or third-party service providers), except to the extent such liability, loss, claim, or expense results from the gross negligence or wilful misconduct of Ziwani or its representatives.
This clause will survive termination of these Terms.
16. Dispute Resolution
Negotiation: If a dispute, disagreement, or claim arises between you and Ziwani concerning the Platform or Services, we will try our best to resolve it in good faith through negotiations with the best interests of both parties in mind.
Mediation: If we cannot resolve the dispute through negotiation (or within any extended period we agree to), either of us may refer the dispute to an independent industry expert to mediate and help us reach a mutually beneficial solution.
Arbitration: If the dispute is still not resolved after mediation, it will be finally resolved by confidential, binding arbitration under the expedited rules of the Arbitration Foundation of Southern Africa (“AFSA”), with the arbitrator appointed by Ziwani.
Jurisdiction: Even with the process above, you and Ziwani agree to the jurisdiction of the appropriate South African courts. You may also use any tribunal or ombud process available under applicable law.
No publication: Neither of us may publicise the dispute on social media or any other public platform. We both understand that doing so could cause serious harm to the other party and may result in a claim for damages.
17. Notices and Service Address
Each of the parties chooses their service address for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from these Terms as being:
- in the case of Ziwani, at info@ziwani.com; or
- in the case of the user, at the e-mail, cellphone number, and/or address provided when contacting with us.
Each of the parties will be entitled from time to time, by written notice to the other to vary its service address to any other address which is not a post office box or poste restante, provided that the change will become effective only 14 (fourteen) days after service of the notice in question.
Notwithstanding the above, any notice given in writing in English, and actually received by the party to whom the notice is addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been given in accordance with this clause.
18. Company Information
- Site owner: Ziwani Community NPC
- Legal status: Non-Profit Company
- Registration number: 2024/134328/08
- Description of business: Business Advice and Support
- Platform address: www.ziwani.com
- Email address: info@ziwani.com
- Registered address: 11 Hammanshand Road, Stellenbosch, Western Cape, 7600
- Postal address: As above.
19. General
Relationship Between the Parties: The relationship of the parties, inter se, shall be governed by these Terms and nothing contained herein shall be deemed to constitute a partnership, joint venture, employer/employee agreement, agency agreement, or the like between them. No party shall by the reasons of the actions of the other party incur any personal liability as co-partner to any third party.
Force Majeure: If either party is prevented, whether in whole or in part, or delayed from performing any of its duties, functions or obligations under these Terms, whether timeously or at all, due to an event out of their control (which for the purposes hereof shall mean war, political riots, civil commotions, electrical load-shedding or surges, legal prohibitions or restrictions, epidemics, pandemics, governmental lockdowns, fire, floods or other similar natural disasters), then such failure shall not constitute a breach under these Terms, and the obligation to perform shall be suspended to the extent and during the continuance of such prevention provided that the parties shall use their reasonable commercial endeavours to minimise any delay occasioned
Change Without Notice: The Platform and these Terms are subject to change without notice. These Terms are updated or amended from time to time and will be effective once we upload the amended Terms to the Platform. Your continued access or use of the Platform constitutes your acceptance to be bound by these Terms, as amended. It is your responsibility to read these Terms periodically to ensure you are aware of any changes.
Entire Agreement: This document contains the entire agreement between the parties in relation to the subject matter hereof. Save as contemplated above, no alteration, cancellation, variation of, or addition hereto will be of any force or effect unless published on the Platform.
No Indulgence: No indulgence, leniency or extension of time granted by Ziwani shall constitute a waiver of any of Ziwani’ rights under these Terms and, accordingly, Ziwani shall not be precluded as a consequence of having granted such indulgence, from exercising any rights against the client which may have arisen in the past or which might arise in the future.
Importation of Words: Words importing the singular will include the plural and vice versa. Words importing one gender will include the other genders, and words importing persons will include partnerships, trusts, and bodies corporate, and vice versa.
Headings as Reference: The headings to the paragraphs in these Terms are inserted for reference purposes only and will not affect the interpretation of any of the provisions to which they relate.
Governing Law: Your access and/or use of the Platform and Services, and the operation of these Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa.
Severability: Each sentence, paragraph, term, clause and provision of these Terms and any portion thereof shall be considered severable and if for any reason, any such sentence, paragraph, term, clause or provision is held to be invalid, contrary to, or in conflict with any applicable present or future law or regulation or in terms of a final, binding judgment issued by any court, it shall to that extent be deemed not to form part hereof and shall not impair the operation of, or have any effect upon such other sentence, paragraph, term, clause or provision hereof as may otherwise remain valid or intelligible, which shall continue to be given full force and effect and bind the parties hereto.
Prohibited Provision: No term or condition of these Terms is intended to breach any peremptory provisions of any consumer protection legislation and any regulations thereto (“Prohibited Provision“). Any breach of any such Prohibited Provision shall be governed by the provisions above.