Effective Date: 2018
Welcome to www.originthrive.com, operated by yMarketing Digital Marketing (Pty) Ltd, trading as Origin Thrive. By accessing our website or engaging our services, you agree to these Terms and Conditions.
1. Definitions
1.1 “We,” “Us,” “Our” refers to yMarketing Digital Marketing (Pty) Ltd, trading as Origin Thrive.
1.2 “Client,” “You,” “Your” refers to any individual, business, or entity engaging with our services.
1.3 “Third-Party Platforms” refers to platforms such as Google Ads, Meta (Facebook/Instagram), TikTok, LinkedIn, and others used in campaigns.
2. Services Provided
2.1 We provide digital marketing and website services, including:
•Full-stack omni-marketing solutions.
•Website design, development, and maintenance.
•Advertising strategy, campaign setup, and management.
•Social media marketing, content creation, and analytics.
2.2 We act as consultants, strategists, and execution partners but do not guarantee specific outcomes, as marketing results depend on various external factors.
3. Ad Spend Liability
3.1 You are solely responsible for funding advertising spend directly on third-party platforms, including Google, Meta, TikTok, and LinkedIn.
3.2 We are not liable for any costs, overspend, or mis-charges incurred by these platforms.
3.3 While we provide budget recommendations, you must approve all final budget settings.
4. Media, Cookies, and Data Sharing
4.1 Media Usage
4.1.1 By engaging with our services, you grant us the right to use media, logos, or branding provided by you solely for the purposes of executing agreed-upon marketing campaigns.
4.1.2 We will not alter, misuse, or redistribute your intellectual property beyond its intended use without explicit permission.
4.2 Cookies and Tracking
4.2.1 Our website uses cookies and tracking technologies to improve user experience, analyze traffic, and support advertising campaigns. Cookies may include functional, performance, analytics, and advertising-related cookies.
4.2.2 By using our website, you consent to the use of cookies as described in our Cookie Policy. You can manage cookie preferences via your browser settings. Disabling cookies may limit certain website functionalities.
4.2.3 Types of information collected through cookies may include:
•IP addresses.
•Browser type and version.
•Pages visited and time spent on the website.
•Geolocation data (where applicable).
4.3 Data Sharing and Processing
4.3.1 We collect and process data in accordance with applicable privacy regulations, including:
•Protection of Personal Information Act (POPIA) in South Africa.
•General Data Protection Regulation (GDPR) in the United Kingdom and European Union.
•California Consumer Privacy Act (CCPA) and other relevant laws in the United States.
4.3.2 We may collect the following types of personal data:
•Contact information (e.g., name, email, phone number).
•Business details (e.g., company name, website URL).
•Payment information for invoicing purposes.
4.3.3 Data Sharing:
We do not sell or share your personal data with third parties for marketing purposes. However, we may share data with trusted service providers and platforms (e.g., Google, Meta) solely for the purpose of delivering contracted services.
4.3.4 Data Retention:
We retain data only for as long as necessary to fulfill our contractual or legal obligations. Upon request, we will delete or anonymize your data.
4.3.5 Your Rights:
You have the right to:
•Access, update, or correct your personal data.
•Request data deletion, subject to legal or contractual obligations.
•Withdraw consent for data processing (where applicable).
To exercise these rights, contact us at info@originthrive.com.
4.4 Third-Party Data Processors
4.4.1 We work with third-party data processors, such as advertising platforms, analytics tools, and CRM systems, to execute services.
4.4.2 These third-party platforms have their own privacy policies, and we are not liable for how they handle your data.
5. Service Fees and Payment Terms
5.1 Our service fees are exclusive of third-party ad spend, hosting costs, or other external charges.
5.2 Payment terms, late fees, and refund policies are outlined in your agreement or invoice.
6. Project Timelines and Deliverables
6.1 Timelines are subject to client responsiveness and third-party dependencies.
6.2 We are not liable for delays caused by incomplete client inputs or platform outages.
7. Intellectual Property
7.1 Content created by us remains our property until full payment is received.
7.2 You grant us the right to use approved deliverables for portfolio or case study purposes.
8. Confidentiality
8.1 We will not disclose your confidential information without consent unless required by law.
8.2 You agree to maintain the confidentiality of proprietary tools, processes, or materials shared during our collaboration.
9. Limitation of Liability
9.1 We are not liable for platform errors, campaign performance issues, or external factors beyond our control.
9.2 Our liability for any claim is limited to the fees paid for the specific service in question.
10. Governing Law and Dispute Resolution
10.1 These terms are governed by the laws of:
•South Africa for clients.
10.2 Disputes must first be addressed through mediation. If unresolved, they may proceed to arbitration in South Africa.
11. Changes to Terms
11.1 We may update these terms at any time. Continued use of our website or services constitutes acceptance of the revised terms.
12. Contact Information
For inquiries or concerns, please contact us:
•Company: yMarketing Digital Marketing (Pty) Ltd t/a Origin Thrive
•Location: Durban, South Africa
•Phone (WhatsApp Only): +27 (0) 81 018-2858
•Email: info@originthrive.com
•Website: www.originthrive.com