Welcome to UpCulture’s website. By using this website and our services, you agree to be bound by the terms and conditions outlined here, along with our Privacy Policy. If you disagree with any part of these terms and conditions, please do not use our website or services.
The terms “UpCulture,” “we,” “us,” or “our” refer to UpCulture (Pty) Ltd, registered under number 2024 / 569223 / 07, with a physical address at St Helena Bay, South Africa, 7390. The term “you” refers to the user or viewer of this website.
For any inquiries, you can reach us at:
Email: su*****@up*******.net
1. Description of Services
At UpCulture, we specialize in enhancing organizational success and personal growth through our range of tailored programs and courses. We provide:
Soft Skills Training:
Courses designed to develop interpersonal skills, emotional intelligence, effective communication, teamwork, and leadership abilities.
These skills empower individuals to perform effectively in their roles and foster harmonious workplace relationships.
Personal Development Courses:
Programs focused on personal growth, including time management, goal setting, adaptability, and self-confidence.
These courses help individuals unlock their full potential, enhancing both personal and professional success.
Organizational Culture Improvement Programs:
Consulting and training services that align corporate goals with a positive and productive organizational culture.
Services include team-building workshops, leadership coaching, and initiatives to promote diversity, equity, and inclusion (DEI).
Our courses are short courses designed to deliver targeted learning and actionable skills in a time-efficient manner. These should not be confused with formal academic qualifications such as diplomas, degrees, or certifications from accredited tertiary institutions.
Our services are available in three flexible delivery formats to suit diverse needs:
Online: Fully virtual courses accessible from anywhere, ideal for remote learners and globally dispersed teams.
In-Person: Face-to-face training conducted at corporate venues, conferences, or designated training centers, fostering hands-on interaction.
Hybrid: A combination of online and in-person formats, designed for clients seeking the convenience of online learning with the engagement of live sessions.
UpCulture aims to equip both individuals and organizations with the tools needed to achieve excellence, foster innovation, and enhance workplace satisfaction. Every program is thoughtfully designed to address real-world challenges, ensuring measurable outcomes and sustainable growth.
2. User Eligibility
By accessing and using UpCulture’s website and services, you confirm and agree to the following eligibility criteria:
Minimum Age Requirement:
You must be at least 18 years old to use our services.
If you are under 18, you may only use our website or enroll in our courses with the explicit consent and supervision of a parent or legal guardian who agrees to be bound by these terms on your behalf.
Legal Capacity:
You confirm that you have the legal capacity to enter into a binding agreement with UpCulture under the laws of your jurisdiction.
If you are accessing our services on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these terms and conditions.
Compliance with Applicable Laws:
You agree to use our website and services in compliance with all applicable laws and regulations in your jurisdiction.
Accurate Information:
You agree to provide accurate and truthful information when creating an account, enrolling in courses, or otherwise interacting with UpCulture. Providing false or misleading information may result in the suspension or termination of your account and access to our services.
Prohibited Users:
UpCulture’s services are not available to users who have been previously suspended or removed from accessing our platform due to violations of these terms or applicable laws.
By confirming your eligibility, you acknowledge that UpCulture reserves the right to verify your compliance with these criteria at any time and may take appropriate actions, including suspending or terminating access, in cases of non-compliance.
3. Account Registration and Security
To access specific services and features on UpCulture’s platform, you may need to create a user account. By doing so, you agree to the following terms regarding registration and account security:
Accurate and Up-to-Date Information:
You agree to provide accurate, current, and complete information during the registration process and to update this information promptly if it changes.
Providing false, incomplete, or outdated information may result in the suspension or termination of your account and access to our services.
Account Credentials and Security:
You are responsible for maintaining the confidentiality of your username, password, and other account credentials.
You must not share your account details with others or allow unauthorized individuals to access your account.
Unauthorized Access:
If you suspect or become aware of any unauthorized use of your account or a breach of security, you must notify UpCulture immediately at su*****@up*******.net.
UpCulture is not responsible for any losses or damages arising from unauthorized access to your account resulting from your failure to secure your credentials.
Account Suspension or Termination:
UpCulture reserves the right to suspend or terminate your account without prior notice if you violate these terms, engage in fraudulent activity, or misuse the platform.
Termination of your account does not relieve you of any outstanding obligations under these terms.

4. Delivery Policy
UpCulture strives to ensure prompt access to our courses and services. Our delivery process includes:
Course Access:
Access to purchased courses is typically granted immediately upon successful payment but may take up to 15 minutes in some cases due to processing times.
If you experience delays longer than this, please contact su*****@up*******.net for assistance.
Confirmation Email:
Upon successful payment, you will receive a confirmation email containing your account registration details, login instructions, and course access information.
It is your responsibility to ensure the email address provided during registration is accurate and accessible.
Technical Issues:
If technical issues arise during course access or delivery, UpCulture will work diligently to resolve them as quickly as possible.
Please notify us promptly of any access difficulties via su*****@up*******.net.

5. Refund Policy
At UpCulture, we prioritize customer satisfaction and offer a fair refund policy to ensure you are confident in your purchase.
Money-Back Guarantee:
We offer a 100% Money-Back Guarantee for cancellations made within 7 days of purchasing a course.
Course Completion Limit:
Refunds are only available if no more than 20% of the course content has been accessed or completed. This allows us to ensure fairness while protecting the value of our intellectual property.
Refund Process:
To request a refund, contact us at su*****@up*******.net within the specified 7-day period.
Refund requests will be processed within 10 business days after verification of eligibility.
Non-Refundable Scenarios:
Refunds are not available for courses where more than 20% of the content has been accessed or completed.
No refunds will be issued beyond the 7-day period.
By adhering to this policy, we aim to provide transparency and assurance while maintaining the integrity of our services.

6. Pricing and Payment
UpCulture is committed to transparency and fairness in pricing and payment processes.
Currency:
All prices for courses and services are displayed and charged in United States Dollars (USD).
Any currency conversion fees or bank charges incurred during payment will be the responsibility of the customer.
Payment Terms:
Full payment is required before access to any course, program, or service is granted unless other written agreements are made.
Accepted payment methods include Visa, MasterCard, and other methods specified during the checkout process.
Payments must be completed through our secure payment gateway to ensure safety and encryption of transaction details.
Failure to Pay:
If payment is declined, incomplete, or reversed, UpCulture reserves the right to suspend or cancel access to courses or services until the outstanding balance is settled.
Recurring non-payment or disputes may result in account termination.
Invoices and Receipts:
Upon successful payment, a receipt or invoice will be issued and sent to the registered email address for your records.

7. Intellectual Property
All content provided on the UpCulture website, including but not limited to:
Text, graphics, and logos
Videos, images, and animations
Course materials, downloadable resources, and presentations
is the exclusive property of UpCulture, unless otherwise explicitly stated.
Rights of Use:
Content made available on the platform is licensed for personal use only and cannot be copied, distributed, modified, shared, or reused without prior written consent from UpCulture.
You may not reproduce or store any website or course content in any electronic retrieval system other than for personal, non-commercial purposes.
Trademark and Branding:
The UpCulture name, logo, and related branding elements are protected under intellectual property laws and may not be used in any manner without written authorization.
Enforcement:
Unauthorized use of UpCulture’s intellectual property may result in immediate account suspension, removal from services, and potential legal action to recover damages.
Third-Party Content:
Some materials on the website may include third-party content. Any use of this content must comply with the third party’s terms and conditions, as indicated.

8. Acceptable Use Policy
To maintain a safe, respectful, and efficient environment for all users, UpCulture requires adherence to the following Acceptable Use Policy:
Prohibited Activities:
You may not use our website or services to:
Engage in any illegal activities or activities that violate regulations in your jurisdiction.
Distribute harmful software such as viruses, malware, or ransomware.
Spam other users or engage in phishing, fraud, or deceptive practices.
Infringe on the intellectual property rights of UpCulture or any third party.
System Integrity and Security:
You are prohibited from attempting to gain unauthorized access to any part of UpCulture’s website, platform, or systems.
Disrupting or interfering with the functionality of the website or related services through hacking, excessive server requests, or other means is strictly forbidden.
Content and Behavior:
Users must not upload, share, or promote content that is offensive, defamatory, discriminatory, or otherwise violates the rights of others.
Harassment or abuse of other users, staff, or representatives of UpCulture is not tolerated.
Consequences of Violations:
Any breach of this Acceptable Use Policy may result in:
Immediate suspension or termination of your account.
Revocation of access to all purchased courses or services.
Reporting of illegal activities to relevant authorities.
Legal action to recover damages or address misconduct.
Monitoring and Reporting:
UpCulture reserves the right to monitor platform usage to ensure compliance with this policy.
Users are encouraged to report suspected violations to su*****@up*******.net for review and action.
By adhering to this Acceptable Use Policy, you contribute to a safe and productive environment for all UpCulture users.

Third-Party Tools and Links
UpCulture may offer access to third-party tools or links for your convenience, such as integrations, external resources, or complementary services. These tools and links are provided on an “as is” basis, without any warranties, representations, or endorsements from UpCulture.
Responsibility for Use:
Users acknowledge that UpCulture does not control or vet these third-party tools or links and cannot guarantee their reliability, functionality, or safety.
Any interaction with such tools or links is entirely at your own risk, and you should review the terms and policies of the respective third parties before use.
Disclaimer of Liability:
UpCulture is not liable for any issues arising from the use of third-party tools or links, including but not limited to:
Data loss or breaches.
Functional disruptions.
Inaccurate or misleading content.
By accessing or using these tools and links, you accept full responsibility for any resulting consequences.

Limitation of Liability
UpCulture aims to deliver reliable and high-quality services; however, we limit our liability to ensure fairness and clarity in unforeseen circumstances.
Scope of Limitation:
UpCulture is not liable for:
Direct, indirect, or consequential damages stemming from the use of our website or services.
Technical interruptions, system failures, or loss of data or revenue.
Cap on Liability:
In any case, our maximum liability is strictly limited to the total fees paid by the user for the specific service in question.
Acceptance of Risks:
By using our website or services, you acknowledge and accept that some risks, including technical or external disruptions, may occur and agree to these limitations.

Force Majeure
UpCulture cannot be held responsible for delays or failures in delivering services caused by events beyond our reasonable control.
Definition of Force Majeure:
Force majeure events include but are not limited to:
Acts of God (e.g., earthquakes, floods, storms).
Pandemics or public health emergencies.
Governmental regulations or restrictions.
Power outages, cyberattacks, or significant technical failures.
Impact of Force Majeure:
In the event of force majeure:
Service delivery timelines may be adjusted, and certain commitments may be delayed or canceled.
UpCulture will make reasonable efforts to communicate and mitigate any disruptions.
This clause ensures transparency and clarifies that unforeseen events may affect service delivery without liability to UpCulture.
Termination
UpCulture prioritizes maintaining a secure and fair environment for all users. However, we reserve the right to enforce our Terms and Conditions by terminating or suspending access to services when violations occur.
Conditions for Termination:
Access may be terminated immediately, without prior notice, if:
You breach any provisions of these terms.
Your actions compromise the security, integrity, or functionality of our services.
Consequences of Termination:
Access to all purchased courses, resources, and services will be revoked.
Users remain liable for any outstanding balances due for services rendered up to the point of termination.
This clause underscores the importance of compliance and ensures that UpCulture retains the ability to take decisive action to protect its platform and users.

Customer Support
At UpCulture, we strive to assist users with inquiries or issues in a timely and efficient manner.
Support Channel:
Customer support is available exclusively via email at su*****@up*******.net.
This central communication method allows us to provide consistent, trackable, and well-documented assistance.
Response Expectations:
While we endeavor to respond promptly, actual response times may vary depending on the volume of inquiries or the complexity of your issue.
Users are encouraged to include all relevant details in their emails for a faster resolution.

Merchant Outlet Country and Transaction Currency

UpCulture conducts its operations transparently, with clear information about its business location and transaction processes.
Business Registration:
UpCulture is registered and operates from St Helena Bay, South Africa, 7390.
Transaction Currency:
All transactions are conducted exclusively in United States Dollars (USD), regardless of the user’s location.
This ensures consistency and simplicity in pricing, payment processing, and currency conversions.
By providing clarity about the transaction currency and outlet country, this clause helps users understand the context and terms of their purchases.

Governing Law
UpCulture’s Terms and Conditions are designed in compliance with South African law to ensure clear and enforceable agreements.
Jurisdiction:
All disputes arising from the use of our website or services will be governed by the laws of South Africa.
Users agree that any legal claims or disputes will be resolved exclusively in South African courts.
Amendments
UpCulture is committed to maintaining up-to-date and relevant Terms and Conditions to adapt to changing circumstances or regulations.
Right to Modify:
We reserve the right to update or modify these Terms and Conditions at any time, without prior notice to users.
Changes may reflect updates to our services, compliance with legal obligations, or adjustments to operational practices.
Effective Date:
Modifications become effective immediately upon posting to this page.
Continued use of the website or services after updates constitutes acceptance of the new terms.
Users are encouraged to review this page periodically to stay informed about any changes.

Data Protection and POPIA Compliance
UpCulture takes the protection of your personal information seriously, adhering to South Africa’s Protection of Personal Information Act (POPIA).
Commitment to Data Security:
We implement appropriate measures to ensure the confidentiality, integrity, and security of your personal data.
Your information is collected, processed, and stored in compliance with POPIA standards to prevent unauthorized access or misuse.

Transparency and Privacy Policy:
For detailed information on how your data is handled, refer to our Privacy Policy, which outlines:
The types of information collected.
Purposes for data usage.
Your rights regarding your personal information.
This clause reassures users of their privacy and aligns with legal requirements for data protection.

Entire Agreement
This clause defines the comprehensive nature of the agreement between users and UpCulture.
Agreement Scope:
These Terms and Conditions, together with our Privacy Policy, represent the entire agreement governing the use of our website and services.
Any previous agreements, representations, or communications—whether written or oral—are superseded by these documents.
Implications:
Users agree that no additional terms, outside what is explicitly stated in these agreements, are binding unless formally amended and included.