These Terms apply to CUPI’s services, programmes, experiences and products.

Some CUPI offerings may have additional terms specific to that offering. These Terms must therefore be read together with any service-specific terms, quotation, proposal, booking information or professional agreement provided to you.

Please read these Terms before making a booking, purchase, payment or entering into an engagement with CUPI.

By making a booking, placing an order, accepting a quotation or proposal, making an agreed payment, signing an agreement, or selecting the required acceptance checkbox on a CUPI booking or purchasing platform, you confirm that you have had an opportunity to read and understand these Terms and agree to be bound by them.

Nothing in these Terms is intended to exclude or limit any right or protection that cannot lawfully be excluded under South African law.

Terms and Conditions Sections

1. About CUPI
2. Application of These Terms
3. Acceptance of These Terms
4. Information About CUPI Offerings
5. Bookings, Orders and Confirmations
6. Prices and Payment
7. Deposits
8. Customer Cancellations, Transfers and Refunds
9. Changes, Postponements and Cancellations by CUPI
10. Workshops, Programmes and Events
11. Coaching and Individual Services
12. Retreats and Residential Experiences
13. Organisational, Facilitation, Training and Consulting Services
14. Speaking, Moderation and Hosting Engagements
15. Digital and Physical Products
16. Participants Under 18
17. Participation, Wellbeing and Professional Boundaries
18. Conduct and Safety
19. Confidentiality and Group Participation
20. Intellectual Property
21. Photography, Recordings and Media
22. Personal Information and Privacy
23. Marketing Communications
24. Third-Party Providers
25. Limitation of Liability
26. Events Beyond Reasonable Control
27. Complaints and Dispute Resolution
28. Consumer Rights
29. Governing Law
30. Changes to These Terms
31. Contact CUPI

1. About CUPI

CUPI provides personal and organisational development services, programmes, experiences and products designed to support clarity, purpose, identity, learning, reflection, development and wellbeing.

CUPI’s offerings may include coaching, facilitation, workshops, training, retreats, organisational services, speaking and moderation engagements, hosting, group programmes, events, digital resources, physical products and other related services or experiences.

For purposes of these Terms, “CUPI”, “we”, “us” and “our” refer to:

Legal entity: CUPI Lifestyles Closed Corporation

Trading name: CUPI / CUPI Lifestyles

Registration number: 2011/043498/23

Physical address: 9 Keynsham Drive, Somerset Park, uMhlanga, KwaZulu-Natal, 4319, South Africa

Email: hello@cupi.co.za

Telephone / WhatsApp: +27 68 601 1202

Website: CUPI.co.za

2. Application of These Terms

These Terms apply to customers, clients, organisations and other persons who book, purchase, commission or enter into an agreement with CUPI for a service, programme, event, experience or product.

For convenience, references in these Terms to a “customer” may, where the context requires, include a client, participant, purchaser, organisational client or other person entering into an agreement with CUPI.

References to an “offering” may include a service, programme, workshop, retreat, event, engagement, experience, digital resource or product, depending on the context.

Different CUPI offerings may have additional terms that apply specifically to that offering.

CUPI may also provide a quotation, proposal, booking confirmation, service agreement, coaching agreement, statement of work or other written agreement containing terms specific to a particular service or engagement.

Where specific terms have been provided and accepted, those terms form part of the agreement between CUPI and the customer.

If there is a direct conflict between these general Terms and expressly agreed service-specific terms, the service-specific terms will apply to the extent of that conflict.

Nothing in these Terms limits any right or protection that cannot lawfully be excluded under South African law.

3. Acceptance of These Terms

Before completing an online booking or purchase with CUPI, customers will be given an opportunity to access and review these Terms.

Where a booking or purchasing process includes a Terms & Conditions checkbox, the customer must accept these Terms before completing the transaction.

By selecting the checkbox and proceeding with the booking or purchase, the customer confirms that they have had a reasonable opportunity to read and understand these Terms and agree to be bound by them.

Where a booking or engagement takes place outside CUPI’s online booking system, acceptance may also take place through acceptance of a quotation or proposal, signing an agreement, making an agreed payment, or another clear form of acceptance communicated between CUPI and the customer.

Where one person makes a booking on behalf of another person or group, that person confirms that they are authorised to make the booking and provide the information reasonably required to do so.

Where a participant is under the age of 18, CUPI may require consent from a parent or legal guardian before participation.

4. Information About CUPI Offerings

CUPI aims to describe its services, programmes, events, experiences and products clearly and accurately.

The relevant service page, booking form, quotation, proposal, invoice or product description will ordinarily provide the key information relating to the particular offering.

Depending on the nature of the offering, this information may include:

• the purpose, nature or description of the offering or product;
• the price or fee;
• dates and times, where applicable;
• duration, where applicable;
• venue, location or method of delivery;
• what is included;
• product specifications, sizes, options or other relevant characteristics, where applicable;
• availability, delivery or collection arrangements, where applicable;
• eligibility or participation requirements;
• payment arrangements; and
• any important conditions that apply specifically to that offering or product.

Customers are encouraged to review the information relating to an offering before completing a booking, purchase or agreement.

CUPI will take reasonable steps to ensure that material information provided about an offering is accurate at the time it is published or communicated.

Where a genuine error occurs in a description, price, date or other material information, CUPI will take reasonable steps to correct the error and communicate appropriately with affected customers.

Unless expressly stated otherwise, CUPI does not guarantee a particular personal, professional, organisational, financial or other outcome from participation in or use of its services, programmes, experiences or products.

Many CUPI offerings involve reflection, learning, development, participation and personal or organisational engagement. Outcomes may therefore differ depending on individual circumstances, participation and other factors beyond CUPI’s reasonable control.

5. Bookings, Orders and Confirmations

The process for booking, purchasing or commissioning a CUPI offering may differ depending on the nature of the service, programme, event, experience or product.

A booking, order or engagement is not necessarily confirmed merely because an enquiry, registration form, booking request or order request has been submitted.

Unless CUPI confirms otherwise, a booking or purchase becomes confirmed once CUPI has received the information required to process it and any payment or deposit required at that stage has been successfully received.

CUPI will provide or make available appropriate confirmation of the booking, purchase or engagement.

Where CUPI provides a quotation, proposal, service agreement or other written offer, the document may specify how and when the engagement becomes confirmed. This may include written acceptance, signature, payment of a deposit or another agreed confirmation process.

Where availability is limited, including for workshops, retreats, programmes or other events, CUPI may release a provisional place where the required payment, deposit or information is not received within the period communicated to the customer.

Orders for physical products are subject to availability.

Where a product becomes unavailable after an order has been placed, CUPI will inform the customer as soon as reasonably possible and offer an appropriate alternative, credit or refund, depending on the circumstances and the customer’s applicable rights.

Customers are responsible for providing accurate and complete information when making a booking, placing an order or entering into an engagement with CUPI.

Customers should notify CUPI as soon as reasonably possible if they become aware of an error in information they have provided.

6. Prices and Payment

The price or fee applicable to a CUPI service, programme, event, experience or product will be communicated on the relevant webpage, booking or purchasing platform, quotation, proposal, invoice or other written communication provided by CUPI.

Unless clearly stated otherwise, prices communicated to individual customers will reflect the total amount payable to CUPI for the offering.

Any additional costs that may apply to a transaction, including delivery or other applicable charges, will be disclosed before the customer completes the purchase or booking.

Payment requirements may differ depending on the nature of the offering.

CUPI may require:

• full payment in advance;
• payment of a deposit;
• payment by instalments or according to an agreed payment plan;
• payment according to agreed project or service milestones; or
• payment following the issue of an invoice.

The applicable payment arrangements and, where relevant, payment due dates will be communicated to the customer before or as part of entering into the relevant agreement.

Where a quotation, proposal, invoice or service-specific agreement contains payment terms relating to a particular engagement, those payment terms will apply to that engagement.

Customers are responsible for making payments by the agreed due dates.

Where a payment is not received when due, CUPI may, after reasonable communication with the customer and subject to applicable law and the relevant agreement, withhold confirmation, suspend further delivery, release a provisional booking or take other reasonable steps until the outstanding payment has been resolved.

CUPI will not charge a customer an amount higher than the applicable displayed or agreed price except where an additional amount has subsequently been expressly agreed, is lawfully payable, or where an obvious pricing error has occurred and is dealt with in accordance with applicable law.

7. Deposits

CUPI may require payment of a reasonable deposit to secure a booking, reservation or engagement.

Where a deposit is required, the amount or percentage of the deposit, the payment due date and any remaining balance payable will be communicated to the customer before the booking or engagement is confirmed.

Payment of a deposit may be required before CUPI reserves a place, confirms an engagement, commits resources or incurs costs relating to the relevant offering.

Any remaining balance must be paid according to the payment schedule communicated for the relevant offering or otherwise agreed in writing.

Where a customer cancels a booking or engagement after paying a deposit, the treatment of that deposit will be determined in accordance with the applicable cancellation terms, the circumstances of the cancellation and applicable South African law.

In determining any amount that may reasonably be retained following a cancellation, CUPI may take into account costs already reasonably incurred, commitments made to third-party providers, work already performed, the notice provided and CUPI’s reasonable ability to mitigate its loss or secure a replacement customer.

A deposit will not automatically be treated as entirely non-refundable merely because it has been described as a deposit.

Where a refund of all or part of a deposit is required under the applicable terms or South African law, CUPI will process the refund in accordance with the refund provisions of these Terms.

Any service-specific deposit terms communicated for a particular offering must be read together with these general Terms.

8. Customer Cancellations, Transfers and Refunds

CUPI understands that circumstances may change and that a customer may need to cancel a booking, reservation or engagement.

Customers who wish to cancel should notify CUPI as soon as reasonably possible using the contact method provided for the relevant offering or by emailing hello@cupi.co.za.

Cancellation Charges

Where permitted by law, CUPI may apply a reasonable cancellation charge.

Any cancellation charge will be determined fairly, taking into account the circumstances of the cancellation and factors that may include:

• the nature of the service, programme, event or experience booked;
• the amount of notice provided;
• work already reasonably performed by CUPI;
• costs or commitments already reasonably incurred;
• genuine non-recoverable third-party costs;
• CUPI’s reasonable ability to fill the cancelled place or secure replacement business; and
• any other factor relevant under applicable South African law.

CUPI will not impose a cancellation charge that is unlawful or unreasonable.

Where applicable South African law prohibits a cancellation charge because the person for whose benefit the booking was made has died or been hospitalised, CUPI will not impose such a charge.

CUPI may request reasonable supporting information where appropriate.

Transfers and Substitutions

Where the nature of an offering allows it, CUPI may permit a customer to transfer a booking to another eligible participant.

Transfer requests should be made as soon as reasonably possible and before the relevant service, programme, event or experience begins.

CUPI may require information about the replacement participant and may reasonably refuse a transfer where eligibility, safeguarding, contractual, capacity or operational considerations make the transfer inappropriate.

Some services or engagements are personal in nature and may not be transferable.

Refunds

Where a customer is entitled to a refund, CUPI will calculate the refund fairly in accordance with these Terms, any applicable service-specific terms and South African law.

Where legally permissible, the amount refunded may take into account reasonable amounts relating to:

• services or work already provided;
• reasonable cancellation charges;
• genuine non-recoverable third-party costs or commitments; and
• genuine non-refundable transaction charges incurred by CUPI.

Where a full refund is required by law or under the applicable CUPI terms, no deduction will be made contrary to that requirement.

Approved refunds will be processed by CUPI without unreasonable delay.

Processing times after a refund has been initiated may depend on the relevant bank, payment provider or payment method.

Service-Specific Cancellation Terms

Because CUPI provides different types of services and experiences, particular offerings may have their own cancellation, transfer and refund conditions.

Any service-specific cancellation terms will be communicated to the customer before the relevant booking or agreement is completed and must be read together with these general Terms.

9. Changes, Postponements and Cancellations by CUPI

CUPI will take reasonable steps to deliver its services, programmes, events and experiences as described and agreed.

From time to time, circumstances may require CUPI to make reasonable changes to an offering or engagement.

These may include changes to scheduling, venue, format, programme content, facilitators or other delivery arrangements.

Where a change is minor and does not materially alter the nature or value of the offering, CUPI may make the change where reasonably necessary and will communicate it where appropriate.

Where CUPI makes a material change to an essential aspect of an offering, CUPI will notify affected customers as soon as reasonably possible.

If a material change means that a customer can no longer reasonably participate in or receive the offering, CUPI will provide an appropriate remedy having regard to the circumstances and applicable South African law.

Depending on the circumstances, this may include transferring the booking, rescheduling the service, providing a credit or providing an appropriate refund.

Postponement or Rescheduling

Where CUPI needs to postpone or reschedule an offering, CUPI will take reasonable steps to provide affected customers with an alternative date or arrangement.

Where the alternative is reasonably suitable, the customer may elect to transfer their booking to the revised date or arrangement.

Where a material postponement or rescheduling means that the customer can no longer reasonably participate, CUPI will consider an appropriate transfer, credit or refund in accordance with applicable law and any service-specific terms.

Cancellation by CUPI

Where CUPI cancels an offering and is unable to provide the contracted service or a reasonably acceptable alternative, the customer will be entitled to an appropriate refund of amounts paid for the part of the offering that CUPI will not provide.

Where CUPI is required by law or the applicable service-specific terms to provide a full refund, CUPI will do so.

External Customer Costs

Unless otherwise expressly agreed or required by law, CUPI is not responsible for indirect or consequential costs independently incurred by a customer in connection with an offering, such as separately arranged travel, accommodation or loss of income.

Customers arranging significant travel or accommodation independently are encouraged to consider flexible or refundable arrangements and, where appropriate, suitable travel insurance.

10. Workshops, Programmes and Events

CUPI offers workshops, programmes and events that may include facilitated conversations, learning activities, reflection, creative or practical exercises, group participation and other experiences relevant to the purpose of the particular offering.

CUPI will take reasonable steps to provide each workshop, programme or event in accordance with the description and material information communicated to participants at the time of booking.

Participation

Participants are encouraged to engage in a manner that supports their own experience and respects the experience, dignity and rights of others.

Depending on the nature of the offering, participation may involve individual reflection, group discussion, paired or small-group activities, creative exercises, movement or other forms of voluntary engagement.

CUPI recognises that participants may have different levels of comfort, ability and willingness to participate in particular activities.

Unless participation in a particular activity is reasonably necessary for the nature or safety of the offering, participants will not ordinarily be required to disclose personal information or experiences they do not wish to share.

Respectful and Safe Participation

Participants are expected to:

• treat other participants, facilitators, CUPI representatives and venue staff with respect;
• follow reasonable safety, safeguarding and venue instructions;
• respect the privacy and personal boundaries of others;
• refrain from harassment, threatening behaviour, unlawful discrimination or serious disruption; and
• take reasonable responsibility for their own conduct and participation.

CUPI may take reasonable steps to address behaviour that materially affects the safety, dignity, rights or reasonable participation of others.

Where serious or repeated conduct makes continued participation inappropriate, CUPI may require a participant to leave or discontinue the relevant workshop, programme or event.

Any financial consequence will be considered fairly in accordance with the circumstances, these Terms and applicable law.

Programme Requirements

Certain workshops, programmes or events may have specific eligibility, age, preparation, attendance, safeguarding, health or participation requirements.

Where such requirements are material to participation, CUPI will communicate them before the booking is completed or as soon as reasonably practicable where the requirement only becomes relevant later.

Additional consent may be required where a participant is under the age of 18.

Service-Specific Terms

A particular workshop, programme or event may have additional terms relating to attendance, transfers, cancellations, materials, venue arrangements, participation requirements or other matters specific to that offering.

Any such terms will be communicated to the customer before the relevant booking is completed and must be read together with these general Terms.

11. Coaching and Individual Services

CUPI may provide individual services including coaching and other forms of personal or professional development support.

The nature, duration, format, fees and other material information relating to an individual service will be communicated to the client before the relevant service or engagement begins.

Coaching Services

CUPI coaching is a collaborative and developmental process intended to support reflection, clarity, learning, personal or professional development and the client’s movement towards identified goals or areas of focus.

The client remains responsible for their own decisions, choices, actions and outcomes arising from the coaching process.

CUPI does not guarantee that coaching or another individual service will produce a particular personal, professional, financial, relationship, career or other outcome.

Professional Coaching Agreement

Where CUPI requires a client to enter into a separate Professional Coaching Agreement, that agreement will govern matters specific to the professional coaching relationship, including the respective responsibilities of the coach and client, confidentiality, professional boundaries and other conditions relevant to the coaching process.

The Professional Coaching Agreement must be read together with these general Terms and Section 17.

Where there is a direct conflict concerning a matter specifically relating to the professional coaching relationship, the provisions of the Professional Coaching Agreement will apply to the extent of that conflict.

Appointments and Coaching Journeys

Individual services may be offered as a single session, a series of sessions, a coaching journey or another agreed arrangement.

The applicable session duration, number of sessions, period within which sessions should ordinarily be used, payment arrangements and any service-specific booking or cancellation conditions will be communicated before the client enters into the relevant arrangement.

Where a client purchases a series or package of sessions, any applicable validity or completion period will be communicated before purchase.

Client Participation

The effectiveness of coaching and other developmental services may depend in part on the client’s participation, reflection and willingness to engage with the process.

Clients are encouraged to communicate openly with their CUPI practitioner about matters relevant to the professional relationship, including concerns about the process or whether the service continues to meet their needs.

A client may choose to discontinue a coaching or individual service relationship, subject to any applicable cancellation, payment or service-specific terms and the client’s rights under South African law.

Scope of Service

The professional scope and wellbeing boundaries applicable to coaching and individual developmental services are addressed further in Section 17.

12. Retreats and Residential Experiences

CUPI may offer retreats and other residential or multi-day experiences designed to provide opportunities for reflection, learning, rest, personal development, connection and other activities relevant to the purpose of the particular offering.

Retreats may include accommodation, meals, facilitated sessions, reflective or contemplative practices, movement, creative activities, time for personal reflection and other experiences described in the relevant retreat information.

The specific inclusions, exclusions, dates, venue, accommodation arrangements, programme information, price and payment requirements for each retreat will be communicated before the booking is completed.

Retreat Bookings and Payment

Retreat places may be limited and may require payment of a deposit to secure a booking.

The deposit amount, balance payable and relevant payment dates will be communicated as part of the booking process for the particular retreat.

A retreat booking will only be regarded as confirmed once the requirements communicated for securing that booking have been met.

Any deposit, cancellation and refund arrangements applicable to a particular retreat must be read together with Sections 7 and 8 of these Terms and any retreat-specific terms communicated before booking.

Accommodation and Venues

CUPI retreats may take place at venues, accommodation establishments or facilities operated by third-party providers.

Participants may be required to comply with reasonable rules, safety requirements, check-in and check-out arrangements and other conditions applicable to the venue.

Where accommodation forms part of the retreat package purchased from CUPI, CUPI will take reasonable steps to ensure that the accommodation arrangements provided are consistent with the material information communicated at the time of booking.

Accommodation preferences or requests will be accommodated where reasonably possible but cannot be guaranteed unless expressly confirmed by CUPI.

Meals and Dietary Requirements

Where meals or refreshments are included in a retreat, the relevant inclusions will be communicated as part of the retreat information.

Participants should provide CUPI with information about dietary requirements, food allergies or other relevant needs within the period requested during the booking process.

CUPI will take reasonable steps to communicate relevant dietary information to the applicable venue or catering provider but cannot guarantee that every dietary preference can be accommodated.

Where a participant has a serious food allergy or medically significant dietary requirement, the participant should communicate this clearly to CUPI and, where appropriate, directly to the relevant venue or catering provider.

Health, Accessibility and Participation

Retreat activities may vary and may include facilitated conversations, reflection, contemplative practices, creative activities, movement, time outdoors or other forms of participation.

Participants are responsible for providing CUPI with information that is reasonably necessary for CUPI to understand any material health, accessibility, mobility, dietary or other requirement that may affect their safe or reasonable participation.

CUPI will take reasonable steps to accommodate disclosed accessibility or participation needs where this is reasonably possible within the nature of the retreat, venue and available resources.

Participants remain responsible for making reasonable decisions about their own participation in particular activities and should not participate in an activity where they reasonably believe doing so would place their health or safety at risk.

Sections 17 and 18 also apply to wellbeing, professional boundaries, conduct and safety.

Retreat Environment and Conduct

Retreats involve a shared environment in which participants may spend extended periods together.

Participants are expected to respect the dignity, privacy, personal boundaries, safety and reasonable enjoyment of other participants, CUPI facilitators, venue staff and other persons using the venue.

CUPI may take reasonable action where a participant’s conduct materially threatens safety, seriously disrupts the retreat environment or infringes the rights or wellbeing of others.

Where continued participation becomes inappropriate, CUPI may require a participant to discontinue participation.

Any financial consequences will be considered fairly in accordance with the circumstances, these Terms, applicable retreat-specific terms and South African law.

Programme Changes

The retreat programme may be adjusted where reasonably necessary because of weather, facilitator availability, venue circumstances, participant safety or other operational considerations.

Minor programme changes that do not materially alter the nature or overall value of the retreat will not ordinarily constitute a material change to the booking.

Material changes, postponements or cancellations by CUPI will be dealt with in accordance with Section 9.

Third-Party and Independent Arrangements

Where CUPI arranges accommodation, meals or other services as part of the retreat package, those arrangements form part of the CUPI offering as described at the time of booking.

Travel, additional accommodation, activities or other arrangements independently booked by a participant and not expressly included in the CUPI retreat package remain the participant’s own responsibility.

Participants are encouraged to consider flexible booking arrangements or appropriate travel insurance where they independently incur significant travel or other costs in order to attend a retreat.

Retreat-Specific Terms

Each retreat may have additional terms reflecting its particular venue, duration, accommodation arrangements, payment schedule, cancellation conditions, programme requirements or other relevant circumstances.

These retreat-specific terms will be made available before the booking is completed and must be read together with these general Terms.

13. Organisational, Facilitation, Training and Consulting Services

CUPI may provide services to organisations, teams, institutions and other groups, including facilitation, training, organisational development, group coaching, workshop design, consulting and other agreed forms of professional support.

The nature and scope of each organisational engagement will be agreed with the client before the work begins.

Proposals, Quotations and Scope of Work

CUPI may provide a written proposal, quotation, service agreement, scope of work or other written confirmation setting out the terms specific to an organisational engagement.

Depending on the nature of the engagement, this may include:

• the purpose and objectives of the work;
• the agreed scope of services;
• deliverables or intended outputs;
• dates, duration and location;
• preparation or design requirements;
• roles and responsibilities;
• fees and payment arrangements;
• travel, accommodation or other agreed expenses;
• cancellation or postponement arrangements; and
• any other conditions specific to the engagement.

Once accepted, these engagement-specific terms form part of the agreement between CUPI and the client.

Client Responsibilities

Successful delivery of organisational work may depend on reasonable cooperation between CUPI and the client.

The client is responsible for providing CUPI with information, decisions, access, materials, participant information or other resources that have been agreed as reasonably necessary for CUPI to perform the work.

The client should ensure that information provided to CUPI is accurate to the best of its knowledge and that it has the necessary authority or lawful basis to provide information relating to employees, participants or other persons.

Where delays or material changes arise because agreed information, access, decisions or resources have not been provided, CUPI will communicate with the client about the impact and any reasonable adjustment that may be required.

Changes to Scope

Material changes to an agreed engagement should be discussed and confirmed in writing before additional or revised work is undertaken.

Where a requested change materially increases the amount of preparation, delivery time, resources, travel or other work required from CUPI, CUPI may propose a reasonable adjustment to the fee, timeline or other terms.

CUPI will not charge additional fees for materially different work without first communicating and agreeing the relevant change with the client.

Preparation and Work Already Performed

Organisational engagements may involve preparation, research, consultation, programme or workshop design, meetings, material development and other work undertaken before the visible delivery of a session, event or final output.

Where an engagement is cancelled, postponed or materially changed after CUPI has begun such work, work already reasonably performed and costs already reasonably incurred may be taken into account in determining any amount payable or refundable.

Participants

Where CUPI provides services to employees, teams, beneficiaries or other participants on behalf of an organisational client, the organisation purchasing the service and the individuals participating in it may have different roles and responsibilities.

Where the nature of the service involves confidential individual or group conversations, the applicable confidentiality arrangements will be communicated separately and will not be overridden merely because an organisation is paying for the service.

Outcomes and Organisational Decisions

CUPI will take reasonable care in designing and delivering the services it has agreed to provide.

Unless expressly agreed otherwise, CUPI does not guarantee a particular organisational, financial, employee, cultural, strategic or other outcome.

The client remains responsible for organisational decisions, implementation and actions taken following the engagement.

Cancellation and Postponement

Cancellation, postponement or rescheduling of an organisational engagement will be dealt with in accordance with the specific terms agreed for that engagement, together with these general Terms.

Where no specific cancellation arrangement has been agreed, CUPI will deal with the matter reasonably, taking into account notice provided, work already performed, costs already incurred, commitments made and CUPI’s reasonable ability to mitigate its loss.

14. Speaking, Moderation and Hosting Engagements

CUPI may provide speaking, moderation, hosting, programme facilitation and related services for conferences, events, panels, conversations, ceremonies and other engagements.

The scope and requirements of each engagement will be agreed with the client before the engagement takes place and may be set out in a quotation, proposal, briefing document, programme or other written agreement.

Scope of Engagement

Depending on the nature of the engagement, the agreed scope may include:

• preparation and briefing meetings;
• review of relevant background materials or programme information;
• development of questions, prompts or speaking content;
• engagement with speakers, panellists or other contributors;
• event hosting or programme facilitation;
• moderation of panels, conversations or audience engagement;
• rehearsals or technical briefings;
• travel and attendance requirements; and
• agreed preparation, debriefing or follow-up work.

Where a client requests work materially beyond the agreed scope, any resulting adjustment to the fee, preparation requirements or timing will be discussed and agreed before the additional work is undertaken.

Client Information and Responsibilities

The client is responsible for providing CUPI with the information reasonably necessary to prepare for and deliver the engagement.

Where material information or programme changes are provided late, CUPI will make reasonable efforts to accommodate them but cannot guarantee that substantial late changes can be incorporated without adjustment to the agreed scope, preparation or fee.

Preparation

Speaking, moderation and hosting engagements may require professional preparation before the event itself.

Where preparation forms part of the agreed engagement, time reasonably spent on research, briefing, programme review, content development, preparation meetings or other agreed preparatory work forms part of the professional service provided by CUPI.

Programme and Event Changes

CUPI recognises that live events may require reasonable changes to timing, programme flow or delivery.

CUPI will make reasonable efforts to accommodate minor operational changes.

Where a material change results in substantially additional preparation, attendance, travel or professional work, CUPI and the client may agree to an appropriate adjustment to the scope, fee or other terms.

Professional Independence

Where CUPI is engaged to moderate, facilitate or host a conversation, CUPI will perform the agreed role with reasonable professional care and in a manner appropriate to the purpose of the engagement.

Unless expressly agreed otherwise, commissioning CUPI does not entitle a client to require CUPI to make statements, endorse positions or present information that falls outside the agreed purpose or that CUPI reasonably considers unlawful, materially misleading or inconsistent with its professional responsibilities.

Event Participants and Contributors

CUPI is not responsible for statements, opinions, conduct or information independently provided by speakers, panellists, audience members or other event participants, except to the extent that responsibility may lawfully arise from CUPI’s own acts or omissions.

Recording and Use of Content

Any recording, livestreaming, broadcasting, publication or subsequent commercial use of CUPI’s presentation, contribution or original materials should be agreed in advance where reasonably practicable.

Participation in an event does not automatically transfer ownership of CUPI’s original intellectual property to the client or event organiser.

Cancellation and Postponement

Cancellation, postponement or rescheduling of a speaking, moderation or hosting engagement will be dealt with according to the terms agreed for the particular engagement, together with these general Terms.

15. Digital and Physical Products

CUPI may offer physical products, merchandise, digital resources and other materials for purchase.

The relevant product page, order form or purchasing platform will provide material information relating to the product, including its price and, where applicable, available sizes or options, delivery or collection arrangements and any product-specific conditions.

Physical Products

CUPI will take reasonable steps to ensure that physical products supplied to customers correspond materially with their description and meet the standards required by applicable South African consumer law.

Product images are intended to represent the relevant item as accurately as reasonably possible.

Minor differences in appearance, colour or presentation may occur as a result of photography, screen display, production processes or other reasonable variations that do not materially affect the nature or quality of the product.

Availability

Physical products are subject to availability.

Where a product or selected option becomes unavailable after an order has been placed, CUPI will notify the customer as soon as reasonably possible.

Where CUPI cannot supply the product ordered, the customer will be offered an appropriate alternative, credit or refund.

A customer will not be required to accept a substitute product they did not agree to purchase.

Sizing and Product Selection

Where clothing or other products are offered in different sizes, designs or options, customers are responsible for selecting the option they wish to purchase based on the information made available by CUPI.

Where CUPI permits exchanges for reasons such as an incorrect size or change of preference, the applicable exchange conditions will be communicated with the product or at the time of purchase.

Nothing in an exchange or returns policy will limit statutory rights in relation to defective, unsafe or otherwise non-compliant goods.

Defective, Damaged or Incorrect Goods

Where a physical product supplied by CUPI is defective, damaged, unsafe, materially different from what was ordered or otherwise does not meet the standards required by applicable consumer law, CUPI will deal with the matter in accordance with the customer’s rights under South African law.

Where applicable, the customer may be entitled to a repair, replacement, refund or other remedy provided by law.

Customers should notify CUPI within a reasonable period after becoming aware of a problem so that CUPI can investigate and resolve the matter appropriately.

Delivery and Collection

Where CUPI offers delivery, any applicable delivery charges and material delivery information will be communicated before the purchase is completed.

Where collection is offered, CUPI will provide reasonable information regarding collection arrangements.

Customers are responsible for providing accurate delivery and contact information.

CUPI will take reasonable steps to fulfil delivery within the period agreed or communicated and will notify the customer of material delays where reasonably possible.

Digital Products and Resources

CUPI may offer downloadable or electronically delivered resources, materials or other digital products.

The applicable product description will explain the nature of the digital product, what the customer will receive and any material requirements or restrictions relating to its use.

Unless expressly stated otherwise, purchasing a CUPI digital product gives the customer a limited right to use the material for their own personal or agreed internal organisational purposes.

It does not transfer ownership of CUPI’s intellectual property.

Digital products may not be reproduced, resold, commercially distributed, shared publicly or represented as another person’s work without CUPI’s prior written permission, except where permitted by law.

Returns, Exchanges and Refunds

The return, exchange or refund arrangements applicable to a product may differ depending on the nature of the product and the reason for return.

CUPI may establish reasonable conditions for voluntary exchanges or change-of-mind returns, provided that those conditions do not restrict rights a customer has under applicable South African law.

Return and Delivery Costs

Where goods are returned because they are defective, unsafe, incorrectly supplied or otherwise subject to a statutory right of return, responsibility for reasonable return, collection, delivery or related costs will be determined in accordance with applicable South African law.

Where CUPI voluntarily permits a return or exchange that is not required by law, including certain change-of-mind or sizing exchanges, the customer may be responsible for reasonable courier, delivery or other third-party costs associated with returning or replacing the product.

Any applicable costs will be communicated before the exchange or return is processed.

CUPI is not responsible for additional or indirect third-party costs incurred independently by a customer in connection with a product, except where CUPI is legally responsible for those costs.

16. Participants Under 18

CUPI may offer certain workshops, programmes, events, coaching or other services that are suitable for children or young people under the age of 18.

CUPI recognises that work involving participants under the age of 18 requires appropriate care, safeguarding and communication with parents or legal guardians.

Parent or Guardian Consent

Where required by CUPI or applicable law, participation by a person under the age of 18 will be subject to the consent of a parent or legal guardian.

CUPI may require completion of a separate parent or guardian consent form before the young person is permitted to participate.

The parent or guardian completing the consent process confirms, to the best of their knowledge, that they have authority to provide the required consent and that information supplied to CUPI is accurate and complete.

Where required consent or material information has not been provided, CUPI may reasonably decline or postpone participation until the necessary requirements have been completed.

Information Required for Safe Participation

CUPI may request information reasonably necessary to support the young person’s safe and appropriate participation.

Depending on the offering, this may include:

• age and contact information;
• parent or guardian contact details;
• emergency contact information;
• relevant accessibility or participation requirements;
• dietary requirements or allergies;
• relevant health or medical information where reasonably necessary for safe participation; and
• other information reasonably required for safeguarding or emergency purposes.

Parents and guardians are responsible for providing CUPI with information they reasonably know may materially affect safe participation.

CUPI will handle personal information collected for these purposes in accordance with applicable data-protection law and the CUPI Privacy Policy.

Safeguarding and Reasonable Care

CUPI will take reasonable steps appropriate to the nature of the offering to create an environment that supports the safety, dignity and wellbeing of participants under the age of 18.

Young participants are expected to follow reasonable instructions relating to safety, safeguarding, respectful participation and venue or programme requirements.

CUPI may take reasonable action where it has concerns about a young participant’s immediate safety or wellbeing, including contacting a parent or guardian, emergency contact, emergency services or another appropriate person or authority where reasonably necessary.

Participation and Personal Sharing

Some CUPI programmes may involve reflection, conversation, creative activities or discussion of personal experiences.

CUPI will take reasonable steps to ensure that young participants are not unnecessarily pressured to disclose personal information or experiences they do not wish to share.

Where the nature of an activity allows it, participants may choose not to answer a particular reflective question or share a personal experience.

Collection and Supervision Arrangements

Where applicable, parents or guardians are responsible for complying with communicated arrival, registration, collection and departure arrangements.

CUPI may establish reasonable procedures concerning who may collect a young participant or whether an older young participant may leave independently.

Photography, Video and Media

Consent for photography, video recording or use of a young participant’s image will be dealt with separately from general consent to participate.

A young person’s participation in a CUPI offering will not, by itself, constitute permission for CUPI to use their image or recording for promotional or other media purposes.

Services and Professional Boundaries

The professional boundaries applicable to CUPI’s work with young people are addressed further in Section 17.

Programme-Specific Requirements

Particular programmes involving participants under the age of 18 may have additional safeguarding, consent, eligibility, supervision, emergency or participation requirements.

These requirements will be communicated where relevant.

17. Participation, Wellbeing and Professional Boundaries

Many CUPI services, programmes and experiences are designed to encourage reflection, learning, conversation, personal or professional development and meaningful participation.

Depending on the nature of the offering, participants may be invited to engage with questions or activities relating to identity, purpose, relationships, values, leadership, personal experience, change, wellbeing or other areas relevant to the offering.

Personal Participation

Participants are encouraged to engage in a way that is appropriate to the particular offering and respectful of themselves and others.

CUPI recognises that reflective and developmental work may affect people differently.

Unless reasonably necessary for the nature or safety of an offering, participants will not ordinarily be required to disclose personal experiences or information they do not wish to share.

Where the nature of an activity allows it, participants may choose not to answer a particular reflective question, disclose a personal experience or participate in a particular optional exercise.

Participants remain responsible for making reasonable decisions about their own participation and for communicating, where reasonably possible, if an activity or aspect of an offering raises a concern for them.

Wellbeing

CUPI will take reasonable care in the design and facilitation of its services and experiences and will seek to create environments that respect the dignity, wellbeing and personal boundaries of participants.

Some conversations, reflective activities or experiences may bring up difficult thoughts, emotions, memories or personal questions.

The fact that an activity is reflective, supportive or concerned with wellbeing does not mean that CUPI is providing clinical or therapeutic treatment.

Where a participant becomes distressed or where a concern arises during a CUPI offering, CUPI will respond reasonably within the scope of the service and circumstances.

Where appropriate, this may include pausing or adapting participation, checking on immediate wellbeing, contacting an agreed support or emergency person where appropriate, or encouraging the participant to seek assistance from an appropriately qualified professional or service.

Professional Scope and Boundaries

Unless expressly stated otherwise and provided by an appropriately qualified professional within an agreed professional scope, CUPI’s coaching, workshops, retreats, facilitation, programmes and other developmental services do not constitute medical, psychological, psychiatric, legal, financial or other regulated professional advice, assessment, diagnosis or treatment.

CUPI does not undertake to diagnose or treat medical or mental-health conditions through its developmental services.

Where CUPI reasonably considers that a participant’s needs or circumstances fall outside the appropriate scope of the service being provided, CUPI may recommend or encourage appropriate additional or alternative professional support.

Emergencies and Immediate Safety Concerns

CUPI services are not emergency or crisis-response services.

Where there is a reasonable concern about an immediate and serious risk to the safety of a participant or another person, CUPI may take reasonable steps appropriate to the circumstances.

Such steps may include contacting emergency services, an emergency contact, a parent or guardian where appropriate, or another person or authority where CUPI reasonably believes this is necessary.

Nothing in these Terms requires CUPI or its representatives to act outside their competence, professional role or reasonable scope of service.

No Guaranteed Outcome

CUPI will take reasonable care in providing its services but cannot guarantee a particular personal, emotional, relational, professional, organisational, spiritual or other outcome.

Participants remain responsible for their own decisions, choices and actions arising from participation, except to the extent that responsibility cannot lawfully be placed on the participant.

18. Conduct and Safety

CUPI seeks to create environments in which participants, clients, facilitators, staff, partners and other persons can engage with dignity, respect and reasonable safety.

Everyone participating in or attending a CUPI offering is expected to behave in a manner that respects the rights, dignity, safety and reasonable participation of others.

Expected Conduct

Participants are expected to:

• treat other participants, CUPI representatives, facilitators, service providers, venue staff and other persons with reasonable respect;
• respect personal boundaries and the privacy of others;
• follow reasonable safety, safeguarding, venue and programme instructions;
• refrain from harassment, bullying, intimidation, threatening behaviour, violence or other conduct that places another person at unreasonable risk;
• refrain from serious or persistent disruption that materially interferes with the experience or participation of others;
• respect CUPI property, venue property and the property of others; and
• comply with applicable law.

CUPI recognises that disagreement, difference of opinion and challenging conversation may form a legitimate part of reflective, facilitated or developmental work.

Disagreement or discomfort will not, by itself, be treated as misconduct.

CUPI will seek to distinguish between constructive disagreement and behaviour that materially undermines the dignity, rights, safety or reasonable participation of others.

Safety Instructions

Participants must follow reasonable safety instructions provided by CUPI, a venue, facilitator or appropriately authorised service provider.

Where an activity has particular safety requirements, participants may be required to comply with those requirements as a condition of participation.

Responding to Conduct Concerns

Where CUPI becomes aware of a conduct or safety concern, CUPI may take reasonable steps appropriate to the nature and seriousness of the circumstances.

Where appropriate, CUPI may:

• speak privately with the person concerned;
• clarify or reinforce an agreed boundary, safety requirement or participation expectation;
• pause or modify an activity;
• separate participants where reasonably necessary;
• contact a parent, guardian, emergency contact, venue representative, security service, emergency service or appropriate authority; or
• require a person to temporarily or permanently discontinue participation where serious or repeated misconduct makes continued participation inappropriate.

CUPI will seek to respond proportionately and will not ordinarily exclude a participant where a less restrictive and reasonable response would adequately address the concern.

Immediate or Serious Safety Concerns

Where CUPI reasonably believes that conduct presents an immediate or serious risk to safety, CUPI may take immediate reasonable action.

Alcohol, Drugs and Impairment

Where alcohol is available at a venue or forms part of an event independently of CUPI, participants remain responsible for their own consumption and conduct.

A participant must not participate in an activity where their level of intoxication or impairment creates a material safety risk to themselves or others or seriously disrupts the offering.

The unlawful possession, supply or use of drugs or other prohibited substances is not permitted during CUPI activities or within areas under CUPI’s reasonable control.

Property and Personal Belongings

Participants remain responsible for taking reasonable care of their own personal belongings.

CUPI will take reasonable care of property entrusted directly to it where CUPI has expressly agreed to take responsibility for that property.

Damage Caused by Participants

Participants may be held responsible, to the extent permitted by law, for loss or damage they intentionally or negligently cause to CUPI property, venue property or another person’s property.

Removal from an Offering

Where CUPI reasonably requires a participant to leave or discontinue participation because of a serious safety concern or serious or repeated misconduct, any financial consequence will be considered fairly.

Venue and Service-Provider Requirements

Participants must comply with reasonable safety, access or conduct requirements of venues or service providers where those requirements have been appropriately communicated and are applicable to the offering.

19. Confidentiality and Group Participation

Trust, respectful communication and appropriate confidentiality are important to many CUPI services and experiences.

Confidentiality arrangements may differ depending on whether the service involves an individual professional relationship, a group setting, an organisational engagement or another form of participation.

Information Shared with CUPI

CUPI will treat personal, professional or organisational information shared with it in connection with an engagement with appropriate care and confidentiality.

CUPI will not ordinarily disclose confidential information entrusted to it without an appropriate reason, permission or lawful basis.

Confidentiality may be subject to lawful exceptions, including where:

• disclosure has been authorised;
• information must be shared as reasonably necessary to provide an agreed service;
• disclosure is required by law or binding legal obligation;
• there is a reasonable and serious concern relating to immediate safety, safeguarding or risk of harm; or
• another exception has been expressly agreed.

Where reasonably possible, CUPI will seek to limit disclosure to information relevant to the reason for which disclosure is necessary.

Individual Coaching and Similar Professional Relationships

Where CUPI provides individual coaching or another service involving a confidential professional relationship, specific confidentiality arrangements may be set out in the applicable agreement.

Information shared within an individual coaching relationship will not ordinarily be disclosed to another person, including a person or organisation paying for the service, merely because that person or organisation funded or commissioned the engagement.

Group Coaching, Workshops, Retreats and Other Group Settings

Participants are expected to respect the privacy and confidentiality of other participants and not to disclose another participant’s personal story, identity or confidential information outside the group without permission.

Participants may discuss their own learning, reflections and experiences afterwards, provided they reasonably respect the privacy and confidentiality of others.

Limits of Group Confidentiality

Although CUPI may establish confidentiality expectations and take reasonable steps to support a respectful group environment, CUPI cannot guarantee that every participant will comply.

Participants should therefore exercise reasonable judgement about personal or sensitive information they choose to disclose in a group setting.

Organisational and Team Engagements

Where appropriate, CUPI and an organisational client should clarify what information may be shared with the commissioning organisation and what information will remain confidential to individual or group participants.

Unless expressly agreed otherwise, commissioning or paying for a CUPI service does not automatically entitle an organisation to receive the content of confidential individual conversations.

Where CUPI provides themes, observations, feedback or reporting, CUPI will take reasonable care to do so in accordance with the agreed scope and confidentiality arrangements.

Where appropriate, CUPI may report aggregated or non-identifying themes.

Confidential Information Belonging to Organisational Clients

CUPI may receive confidential organisational information in order to prepare for or deliver an engagement.

CUPI will take reasonable care not to use or disclose such information for unrelated purposes except where authorised, reasonably necessary or required by law.

CUPI Facilitators, Representatives and Service Providers

Relevant information may be shared between CUPI facilitators, representatives or appropriately engaged service providers where reasonably necessary for preparation, delivery, administration, safeguarding or appropriate follow-up.

Confidentiality and Privacy

Confidentiality and data protection are related but distinct responsibilities.

CUPI’s processing of personal information is addressed in Section 22 and the CUPI Privacy Policy.

20. Intellectual Property

CUPI may create, own, develop or use intellectual property in connection with its services, programmes, experiences and products.

This may include written materials, workshop and programme designs, facilitation resources, coaching resources, reflection questions, exercises, frameworks, presentations, graphics, templates, training materials, digital resources, recordings, publications, methodologies and other original content.

Unless expressly agreed otherwise in writing, intellectual property owned by CUPI before an engagement, or independently developed by CUPI and used in delivering an engagement, remains the property of CUPI.

Payment for a CUPI offering does not by itself transfer ownership of CUPI’s intellectual property to the customer or participant.

Where CUPI provides materials as part of an offering, CUPI grants the recipient a reasonable, non-exclusive right to use those materials for the personal, educational or internal organisational purpose for which they were provided, unless different usage rights have been expressly agreed.

Use and Reproduction of CUPI Materials

Unless CUPI has expressly agreed otherwise, CUPI materials may not be:

• reproduced or distributed commercially;
• sold, sublicensed or made available for sale;
• substantially copied or adapted for delivery as another person’s or organisation’s programme, workshop, training product or commercial service;
• published or made publicly available beyond the purpose for which they were provided;
• represented as having been created by another person or organisation; or
• used in another manner that infringes CUPI’s applicable intellectual-property rights.

Client-Specific Work

An organisational client may commission CUPI to develop a report, programme, resource, presentation, framework or other material specifically for that client.

Ownership and permitted use of commissioned materials will be determined by applicable law and any terms expressly agreed between CUPI and the client.

Unless expressly agreed otherwise, CUPI retains ownership of its pre-existing materials, underlying methodologies, frameworks, tools, know-how and other intellectual property incorporated into or used to create client-specific work.

Client Materials and Third-Party Intellectual Property

Where a client provides CUPI with logos, documents, photographs, research, presentations, brand assets, content or other materials, the client confirms that it has the authority or appropriate permission to provide those materials for the agreed purpose.

CUPI does not acquire ownership of a client’s intellectual property merely because it has been supplied to CUPI.

Participant Work, Ideas and Personal Reflections

Participation in a CUPI offering does not transfer ownership to CUPI of a participant’s personal writing, artwork, ideas, reflections or other original material merely because it was created or shared during the offering.

Where CUPI wishes to reproduce, publish or use an identifiable participant’s original work for purposes beyond those reasonably necessary to provide the offering, CUPI will seek appropriate permission where required.

Collaborative Work

Where CUPI and a client, partner or contributor intentionally collaborate to create intellectual property, ownership and usage rights may be agreed specifically for that project.

CUPI Name, Brand and Logo

The CUPI name, branding, logos and other brand assets may not be used in a manner that falsely suggests endorsement, partnership, authorship or affiliation without CUPI’s permission.

21. Photography, Recordings and Media

Photography, video, audio recording, livestreaming or other media may form part of certain CUPI offerings.

Where CUPI intends to capture or use identifiable images, video, audio or other recordings for promotional, marketing, publication or similar purposes, CUPI will take reasonable steps to obtain appropriate consent where required.

Media Consent

Participation in a CUPI offering does not, by itself, constitute consent for CUPI to use an identifiable participant’s image, voice or recording for promotional or marketing purposes.

Where media consent is required, CUPI may request it through a separate consent form, booking process or other appropriate consent mechanism.

Where participation in photography or recording is optional, declining media consent will not ordinarily prevent participation in the underlying offering.

Where the nature of an offering inherently involves recording, broadcasting or publication, this will be communicated before participation.

Participants Under 18

Media consent for a young participant will be treated separately from general consent to participate.

Use of CUPI Media

Where appropriate consent has been obtained, CUPI may use photographs, video, audio or other media for the purposes described when consent was requested.

These purposes may include CUPI’s website, social-media channels, promotional materials, reports, publications or other communications relating to CUPI’s work.

CUPI will not ordinarily publish a participant’s full name together with an identifiable image or personal story unless appropriate additional permission has been obtained or another lawful basis applies.

Withdrawal of Consent

Where consent is the basis for use of identifiable media, a person may withdraw consent in accordance with applicable law and the conditions communicated when consent was obtained.

CUPI will take reasonable steps to stop future use following a valid withdrawal.

Withdrawal may not always make it reasonably possible to retrieve or remove material already lawfully printed, distributed, published, shared by third parties or incorporated into completed materials.

Photography and Recording by Participants

Participants should respect the privacy, dignity and preferences of others when taking photographs, video or audio.

Participants may not record private or confidential conversations, coaching sessions, facilitated group discussions or other activities where recording would materially infringe another person’s privacy or confidentiality unless appropriate permission has been obtained.

CUPI may establish reasonable restrictions on photography or recording during particular activities or programmes.

Recording of CUPI Services or Content

A client, participant, event organiser or other person may not make a substantial audio, video or other recording of a CUPI workshop, coaching session, training programme, presentation, retreat session or other professional service for reproduction, training, publication, commercial use or distribution without CUPI’s prior permission.

Permission to record does not by itself transfer ownership of CUPI’s intellectual property or grant unrestricted rights to reproduce, adapt, distribute or commercially exploit CUPI content.

Public Events and Third-Party Media

Some CUPI speaking, moderation, hosting or event engagements may take place in environments where media is managed by an event organiser or another third party.

Where CUPI does not control that media, the relevant organiser or third party may have its own media, privacy or consent arrangements.

Privacy and Personal Information

Identifiable photographs, video, audio and other recordings may constitute personal information and are also subject to Section 22 and the CUPI Privacy Policy.

22. Personal Information and Privacy

CUPI respects the privacy of its customers, clients, participants, organisational contacts and other persons whose personal information it processes.

CUPI will process personal information in accordance with applicable South African data-protection law, including the Protection of Personal Information Act 4 of 2013 (“POPIA”), and the CUPI Privacy Policy.

Personal Information CUPI May Collect

The personal information CUPI processes will depend on the nature of the interaction or offering.

CUPI may collect or process information reasonably necessary for purposes such as:

• responding to enquiries and communicating with customers;
• processing bookings, registrations, purchases and payments;
• providing coaching, workshops, retreats, programmes and other services;
• administering organisational and professional engagements;
• communicating information necessary for participation;
• managing delivery, collection or fulfilment of products;
• supporting reasonable health, dietary, accessibility, safeguarding or emergency requirements;
• maintaining appropriate business, financial and service records;
• complying with legal or regulatory obligations; and
• protecting the reasonable rights, safety and interests of CUPI, its customers and others.

CUPI will seek to collect personal information that is reasonably relevant and appropriate to the purpose for which it is required.

Purpose and Lawful Processing

CUPI will process personal information for specific and lawful purposes connected with its activities and services.

The lawful basis or justification for processing may differ depending on the circumstances and may include consent where appropriate or required, performance of an agreement, compliance with a legal obligation or another lawful basis recognised under POPIA.

Providing personal information to CUPI does not mean CUPI may use that information for any purpose whatsoever.

Special Personal Information

Certain CUPI services may reasonably require information that is more sensitive in nature.

Depending on the circumstances, this may include relevant information relating to health, dietary or accessibility requirements, religious or philosophical matters, or other information recognised as special personal information under POPIA.

CUPI will only process such information where an appropriate lawful basis or authorisation exists and the information is reasonably relevant to the purpose for which it is collected.

Information Relating to Children

Where CUPI provides an offering involving a participant under the age of 18, CUPI may need to process personal information relating to that young person.

CUPI will process children’s personal information in accordance with POPIA and other applicable legal requirements, including obtaining appropriate consent or another lawful authorisation where required.

Sharing Personal Information

CUPI will not sell personal information.

CUPI may share personal information where reasonably necessary and lawful for operation or delivery of its services.

Depending on the circumstances, this may include appropriately engaged service providers, venues, accommodation or catering providers, payment providers, technology providers, professional advisers or other persons involved in providing or administering an agreed service.

CUPI will seek to limit information shared to what is reasonably necessary.

Security

CUPI will take reasonable and appropriate technical and organisational measures to protect personal information against loss, damage, unauthorised destruction, unlawful access or other unlawful processing.

No system can be guaranteed to be completely secure, but this does not reduce CUPI’s obligation to take the safeguards required by law.

Retention

CUPI will not retain personal information for longer than is reasonably necessary or lawfully permitted having regard to the purpose for which it was collected, applicable contractual or legal requirements and legitimate record-keeping needs.

Access, Correction and Other Rights

Persons whose personal information is processed by CUPI may have rights under POPIA and other applicable law relating to access, correction, deletion or destruction, objection to certain processing, withdrawal of consent where processing is based on consent, and complaints.

Requests relating to personal information may be directed to hello@cupi.co.za.

Marketing

CUPI will not treat acceptance of these Terms or participation in a CUPI offering as automatic consent to receive electronic direct marketing.

Marketing communications are addressed further in Section 23.

Third-Party Services and Platforms

CUPI may use third-party platforms and service providers in operating its business, including services relating to website hosting, forms, communications, payments, bookings, document storage or other business functions.

Where those services process personal information on CUPI’s behalf, CUPI will take reasonable steps appropriate to its responsibilities under applicable law.

CUPI Privacy Policy

The CUPI Privacy Policy provides more detailed information about how CUPI collects, uses, stores, shares and protects personal information and about the rights available to persons whose information CUPI processes.

23. Marketing Communications

CUPI may communicate with customers, clients, participants and other persons about its services, programmes, retreats, events, products and other offerings.

CUPI will conduct direct marketing in accordance with applicable South African law, including POPIA and applicable consumer-protection requirements.

Service Communications and Marketing Communications

Communications reasonably necessary to respond to an enquiry, administer a booking or purchase, provide an agreed service, communicate an important change or otherwise manage an existing relationship are distinct from communications intended primarily to promote additional CUPI offerings.

Consent to Electronic Marketing

Where consent is required for CUPI to send direct marketing by electronic communication, CUPI will seek that consent separately and appropriately.

Acceptance of these Terms, acknowledgement of the CUPI Privacy Policy, submission of an enquiry, registration for an offering or participation in a CUPI service does not, by itself, constitute consent to receive electronic direct marketing where consent is legally required.

A person will not ordinarily be required to agree to optional marketing communications as a condition of purchasing or participating in an unrelated CUPI offering.

Existing Customers

Where permitted by applicable law, CUPI may communicate with an existing customer about CUPI’s own similar products or services using contact details obtained in connection with a previous sale or service.

CUPI will only do so where applicable legal requirements have been met, including providing the customer with an appropriate opportunity to object.

Marketing Preferences and Opt-Out

Recipients of CUPI electronic direct marketing will be provided with a reasonable and accessible way to request that such communications stop.

A person may withdraw marketing consent or object to applicable direct marketing at any time.

CUPI will take reasonable steps to honour a valid opt-out without unnecessary delay and will not charge a person for exercising such a right.

Direct-Marketing Preferences and Applicable Registers

CUPI will take reasonable steps to comply with applicable statutory direct-marketing preference or opt-out mechanisms, including any applicable pre-emptive block or opt-out registry requirements.

Where a person has exercised a legally recognised right not to receive applicable direct marketing, CUPI will respect that preference in accordance with applicable law.

Identity of the Sender

Electronic direct-marketing communications sent by or on behalf of CUPI will appropriately identify CUPI or the person on whose behalf the communication is sent and provide an appropriate means through which the recipient may request that marketing communications cease.

Marketing Through Third-Party Platforms

CUPI may use third-party communication, mailing, advertising or social-media platforms in connection with its marketing activities.

Where CUPI provides or uses personal information for direct-marketing purposes through such platforms, CUPI will take reasonable steps appropriate to its responsibilities under applicable data-protection law.

Marketing Lists

CUPI will take reasonable steps to maintain its marketing records and preferences so that persons who have validly withdrawn consent or objected to marketing are not knowingly re-added to the same marketing activity without an appropriate lawful basis.

CUPI will not sell its marketing database or customer contact information to third parties for their independent marketing purposes.

24. Third-Party Providers

CUPI may work with or use third-party providers in connection with the operation and delivery of its services, programmes, experiences and products.

These may include venues, accommodation establishments, caterers, facilitators or specialist practitioners, payment providers, technology platforms, booking providers, couriers, transport providers, photographers and other suppliers or service providers.

Third Parties Forming Part of a CUPI Offering

Where CUPI contracts with a third-party provider in order to provide something that forms part of the CUPI offering purchased by the customer, CUPI will take reasonable steps appropriate to its role in selecting, engaging and working with that provider.

The involvement of a third party does not, by itself, remove any responsibility CUPI may have to the customer under the agreement or applicable law.

Independent Arrangements Made by Customers

A customer may independently arrange services with a third party in connection with a CUPI offering.

Unless CUPI has expressly agreed to arrange or provide such a service, the agreement for that independent service is between the customer and the relevant third party.

Recommendations and Referrals

From time to time, CUPI may recommend, identify or refer a customer to an external practitioner, professional, organisation, service or resource.

Unless CUPI expressly states otherwise, such a recommendation does not mean that the third party is employed by CUPI, acts as CUPI’s agent or that CUPI guarantees the third party’s services or outcomes.

Third-Party Terms

Some third-party providers may have reasonable terms, policies, safety requirements, privacy notices, booking conditions or venue rules that apply to their services or facilities.

Where relevant, customers and participants may be required to comply with them.

Changes or Failure by a Third-Party Provider

Where a third-party provider forming part of a CUPI offering becomes unavailable, materially changes its service or fails to provide an agreed service, CUPI will take reasonable steps appropriate to the circumstances.

Depending on the significance of the affected service, this may include arranging a reasonable alternative, modifying the offering, communicating the change or providing another appropriate remedy.

Personal Information and Third-Party Providers

CUPI may need to provide limited personal information to third-party providers where reasonably necessary to administer or deliver an agreed service.

Where a third party processes personal information on behalf of CUPI as an operator under POPIA, CUPI will take the steps required by law concerning the appointment and management of that operator, including appropriate contractual and security arrangements.

Payment, Technology and Communication Providers

CUPI may use third-party systems for online payments, website functionality, booking facilities, electronic forms, communications, document storage or other business functions.

CUPI will take reasonable steps when selecting and using third-party systems that process information or transactions on CUPI’s behalf.

25. Limitation of Liability

CUPI will take reasonable care in the design, administration and delivery of its services, programmes, experiences and products.

Customers and participants also have responsibilities relating to their own decisions, conduct, participation, belongings and arrangements.

This section is intended to establish a fair and reasonable allocation of responsibility and does not exclude or limit responsibility that CUPI is not legally permitted to exclude or limit.

Participant Decisions and Outcomes

Customers and participants remain responsible for decisions, choices and actions they take as a result of or following participation in a CUPI offering.

CUPI is not responsible merely because a participant does not achieve a hoped-for personal, professional, organisational, relational, spiritual, financial or other outcome.

Information Provided by Customers and Participants

CUPI may rely on information reasonably provided by customers or clients in preparing for or delivering a service.

CUPI will not ordinarily be responsible for loss or harm arising materially from inaccurate, incomplete or withheld information where CUPI could not reasonably have known it was inaccurate or incomplete.

Participation in Activities

Certain CUPI offerings may include movement, outdoor activities, contemplative practices, creative activities or other forms of participation.

Participants remain responsible for making reasonable decisions about whether they are able to participate safely and for following reasonable safety instructions.

Where an activity involves a material or unusual risk requiring specific disclosure or acknowledgement under applicable law, CUPI will take reasonable steps to bring that risk appropriately to the participant’s attention before participation.

Third-Party and Independent Arrangements

CUPI is not responsible merely because a customer suffers loss arising from an independent third-party arrangement that does not form part of the CUPI offering.

Personal Belongings

Participants are responsible for taking reasonable care of personal belongings they bring to a CUPI offering or venue.

CUPI is not responsible merely because an item is lost, stolen or damaged while present at a venue.

Indirect and Consequential Loss

To the extent permitted by applicable law, CUPI will not ordinarily be responsible for indirect or consequential losses that are not the reasonably foreseeable direct result of CUPI’s breach of an applicable obligation.

Depending on the circumstances, this may include independently incurred travel or accommodation costs, loss of income, loss of opportunity or other consequential financial loss.

Events and Circumstances Outside CUPI’s Control

CUPI will not be responsible for loss arising solely from circumstances genuinely beyond CUPI’s reasonable control where CUPI has acted reasonably in the circumstances.

Section 26 addresses such circumstances further.

No Exclusion of Legally Protected Rights

Nothing in these Terms:

• excludes or limits liability for gross negligence where prohibited by law;
• excludes liability for fraud, deliberate unlawful conduct or another liability that cannot lawfully be excluded;
• requires a customer or participant to waive a right that cannot lawfully be waived;
• excludes or limits a remedy available to a consumer where prohibited by law; or
• transfers responsibility to a customer where applicable law places that responsibility on CUPI.

Where a provision limits CUPI’s liability, requires a participant to assume a particular risk or otherwise requires specific attention under applicable consumer law, CUPI will take reasonable steps to bring that provision to the customer’s attention in the manner required by law.

Service-Specific Risk Information

Certain offerings may involve risks requiring additional information, acknowledgement, consent or service-specific terms.

Acceptance of these general Terms does not replace any separate acknowledgement or disclosure required by law in relation to a particular material or unusual risk.

26. Events Beyond Reasonable Control

From time to time, circumstances beyond CUPI’s reasonable control may prevent, delay, interrupt or materially affect delivery of an offering.

Such circumstances may include severe weather, natural disasters, fire, flood, widespread power or infrastructure failure, serious transport disruption, epidemic or public-health emergency, civil unrest, acts or requirements of government or public authorities, significant venue failure, widespread technology or communication failure, or other comparable circumstances that CUPI could not reasonably have prevented or overcome.

CUPI’s Response

Where such an event materially affects an offering, CUPI will take reasonable steps to:

• assess the effect on the relevant offering;
• communicate with affected customers as soon as reasonably practicable;
• reduce or mitigate disruption where reasonably possible; and
• consider whether the offering can reasonably be continued, adapted, relocated, rescheduled or provided in another appropriate manner.

CUPI will not rely on this section merely because performance has become inconvenient, less profitable or more difficult where circumstances could reasonably have been managed or avoided.

Changes, Postponement or Alternative Arrangements

Where reasonably possible, CUPI may offer an appropriate alternative rather than cancelling an offering.

A customer will not be required to accept a materially different substitute where applicable law provides another right or remedy.

Cancellation and Financial Consequences

Where an event beyond CUPI’s reasonable control makes it impossible or unreasonable for CUPI to provide all or a material part of an offering, financial consequences will be determined fairly having regard to:

• the portion of the service already provided;
• work already reasonably performed;
• costs or commitments already reasonably and irrecoverably incurred;
• amounts CUPI is reasonably able to recover or avoid;
• any alternative arrangement offered and accepted;
• applicable service-specific terms; and
• the customer’s rights under South African law.

CUPI will not automatically treat all amounts paid as non-refundable merely because such an event has occurred.

Customer Circumstances

An event affecting an individual customer’s ability to attend or participate does not automatically constitute an event beyond CUPI’s reasonable control affecting CUPI’s obligations to all customers.

Where a customer is unable to participate because of circumstances affecting them personally, the matter will ordinarily be dealt with under Section 8 and any service-specific terms.

Third-Party Providers

Where an event beyond reasonable control affects a third-party provider forming part of a CUPI offering, CUPI will respond in accordance with this section and Section 24.

Independent Customer Arrangements

CUPI is not responsible merely because an event beyond CUPI’s reasonable control also affects travel, accommodation, transport or other arrangements independently entered into by a customer.

Communication and Cooperation

CUPI will seek to deal with events beyond its reasonable control reasonably, transparently and in good faith.

27. Complaints and Dispute Resolution

CUPI aims to provide its services, programmes, experiences and products with reasonable care, professionalism and respect.

If a customer is dissatisfied with a CUPI offering or believes CUPI has not met an agreed or legal obligation, CUPI encourages them to raise the concern as soon as reasonably possible.

Raising a Concern

Where appropriate, a concern may first be raised directly with the relevant CUPI representative, facilitator or practitioner.

A formal complaint may be submitted to:

Email: hello@cupi.co.za

Telephone / WhatsApp: +27 68 601 1202

A complaint should, where reasonably possible, include sufficient information for CUPI to understand the concern and identify the relevant service, booking, purchase or engagement.

A person will not be disadvantaged merely because they have raised a complaint in good faith.

CUPI’s Response

CUPI will seek to acknowledge and consider complaints within a reasonable period.

CUPI may request additional information where reasonably necessary to understand or investigate the complaint.

Where CUPI identifies that something has gone wrong for which CUPI is responsible, CUPI will consider an appropriate remedy.

Depending on the circumstances, this may include an explanation, correction, apology, completion or re-performance of an agreed service, replacement, repair, rescheduling, credit, refund or another reasonable remedy.

Informal Resolution

Where a disagreement arises, the parties are encouraged, where appropriate, to first attempt resolution through direct and constructive communication.

Mediation or Other Agreed Resolution Process

Where a dispute cannot be resolved directly, CUPI and the other party may agree to refer the matter to mediation or another appropriate independent dispute-resolution process.

Participation in such a process does not require either party to surrender a legal right or remedy that remains available.

Consumer and Regulatory Remedies

Nothing in these Terms prevents a consumer from approaching an appropriate consumer-protection body, ombud, regulator, tribunal, court or other authority where legally entitled to do so.

Where a complaint concerns personal information, the person may also have the right to raise the matter with the Information Regulator.

Organisational and Contractual Disputes

Where CUPI and an organisational or commercial client have entered into a separate agreement containing a specific dispute-resolution procedure, that procedure will apply to the relevant engagement, subject to rights that cannot lawfully be excluded.

Good-Faith Resolution

CUPI will seek, where reasonably possible, to resolve disputes in a manner proportionate to the issue and without unnecessary escalation.

28. Consumer Rights

CUPI is committed to conducting its business in a manner consistent with applicable South African consumer-protection law.

Where a customer qualifies as a consumer under the Consumer Protection Act 68 of 2008 (“CPA”) or another applicable law, the customer retains all rights and remedies that cannot lawfully be excluded, limited or waived.

These Terms Do Not Replace Statutory Rights

These Terms explain the contractual relationship between CUPI and its customers.

They do not replace, remove or reduce consumer rights provided by applicable South African law.

If a provision of these Terms conflicts with a mandatory legal requirement, that requirement will prevail to the extent of the conflict.

Fairness and Interpretation

Nothing in these Terms should be interpreted as:

• requiring a consumer to waive a right that cannot lawfully be waived;
• allowing CUPI to avoid an obligation the law requires CUPI to perform;
• permitting an unfair, unreasonable or unjust contractual term or practice;
• excluding or limiting liability where prohibited by law; or
• preventing a consumer from exercising an available legal remedy.

Quality of Services and Products

Customers may have statutory rights concerning the quality, performance and safety of services and goods supplied by CUPI.

Nothing in these Terms limits a customer’s rights to an applicable repair, replacement, refund, re-performance, correction or other remedy where provided by law.

Cancellations and Refunds

Any cancellation, deposit, refund, return or exchange provisions in these Terms or service-specific CUPI terms remain subject to applicable statutory rights.

Electronic Transactions

Where a customer enters into an electronic transaction with CUPI, CUPI will take reasonable steps to provide the information, transaction processes and other protections required by applicable South African electronic-transactions law.

Access to Remedies

Nothing in CUPI’s internal complaints process prevents a consumer from exercising a right to approach an appropriate regulator, consumer-protection body, tribunal, ombud, court or other authority.

Changes in the Law

These Terms are intended to operate consistently with applicable South African law as amended from time to time.

Where a change in law creates or alters a mandatory consumer right or obligation, that legal requirement will apply even if these Terms have not yet been updated.

29. Governing Law

These Terms and the contractual relationship between CUPI and its customers are governed by the laws of the Republic of South Africa, unless applicable law or an expressly agreed service-specific agreement requires otherwise.

South African Law

CUPI operates as a South African business and intends these Terms to be interpreted and applied in accordance with applicable South African law.

Jurisdiction

Subject to rights, procedures or remedies available under applicable law, disputes requiring determination by a court will be dealt with by a South African court having appropriate jurisdiction.

Nothing in these Terms requires a consumer to bring proceedings in a particular court where applicable law gives that consumer the right to approach another court, tribunal, regulator, ombud or other competent body.

Service-Specific Agreements

Where CUPI enters into a separate written agreement containing appropriately agreed provisions concerning governing law, jurisdiction or dispute resolution, those provisions may apply to that particular engagement, subject to rights and legal requirements that cannot lawfully be excluded or altered.

30. Changes to These Terms

CUPI may review and update these Terms from time to time to reflect changes in its services, business practices, legal or regulatory requirements, technology or other relevant circumstances.

Updated Terms

Where these Terms are updated, CUPI will publish or otherwise make available the revised version and indicate the date from which the updated Terms take effect.

Existing Bookings and Agreements

Unless applicable law requires otherwise or the parties expressly agree to a change, CUPI will not use a later version of these Terms to retrospectively alter a material contractual right or obligation forming part of an existing confirmed booking, purchase or engagement.

The Terms and service-specific terms applicable when the relevant agreement was entered into will ordinarily continue to govern that agreement.

Material Changes Affecting an Existing Service

Where CUPI reasonably needs to propose a material change affecting an existing booking or engagement, CUPI will communicate the proposed change to the affected customer.

CUPI will not treat publication of revised website Terms, by itself, as a customer’s agreement to a material retrospective change where further agreement is legally or contractually required.

Minor and Administrative Changes

CUPI may make minor corrections, formatting changes, clarifications or administrative updates that do not materially alter customer rights or obligations.

Version and Effective Date

CUPI will maintain an effective date or other appropriate version information so that the applicable version can reasonably be identified.

Where reasonably necessary, CUPI may retain previous versions for legal, contractual, administrative or record-keeping purposes.

31. Contact CUPI

CUPI welcomes questions about these Terms, its services, bookings, purchases or other matters relating to an engagement with CUPI.

Customers, clients, participants and other persons may contact CUPI using the following details:

Legal entity: CUPI Lifestyles Closed Corporation

Trading name: CUPI / CUPI Lifestyles

Registration number: 2011/043498/23

Physical address:

9 Keynsham Drive

Somerset Park

uMhlanga

KwaZulu-Natal

4319

South Africa

Email: hello@cupi.co.za

Telephone / WhatsApp: +27 68 601 1202

Website: CUPI.co.za

Questions About These Terms

Questions concerning these Terms or the terms applicable to a particular CUPI offering may be directed to CUPI using the contact details above.

Complaints

Complaints concerning a CUPI offering may be submitted using the contact details above and will be dealt with in accordance with Section 27.

Privacy Enquiries

Questions, requests or concerns relating to personal information or privacy may be directed to:

hello@cupi.co.za

Privacy matters will be handled in accordance with applicable South African data-protection law and the CUPI Privacy Policy.

Effective Date and Version

Published: 2 September 2026

Effective date: 2 September 2026

Version: 1.0

Customers are encouraged to retain any booking confirmation, service-specific terms or other documents relevant to their agreement with CUPI.

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CUPI MASTER TERMS & CONDITIONS

CUPI Lifestyles Closed Corporation | 2011/043498/23

Version 1.0 | 2 September 2026