Legal

Hupla Group Ltd Terms & Conditions

Last Modified: August 18, 2021
Standard Terms and Conditions of Contract for Hupla Group LTD, which apply to your complete holiday package.

1. Application

Hupla Group LTD incorporated in the Republic of Seychelles with registration number 210765, located at Suites 103, 106 & 107 Premier Building, Victoria, Mahe, Republic of Seychelles. External Profit Company with registration number 2019/452463/10 having its South African registered address as at 5 TurkeyBerry Lane, Hout Bay, Cape Town, 7806; having its Swiss representation at Rte de La Chaniaz, Blonay, 1807.

All services rendered by or on behalf of Hupla Group LTD (‘Hupla’ / ‘Company’ / ‘The Company’) to the Client/s are subject to the terms and conditions (‘the Conditions’) set out below.

The following Terms and Conditions should be read and understood prior to confirming your travel. Do NOT confirm any booking unless you understand and agree with the following terms and conditions.

 

2. Nature of the services rendered by Hupla

Hupla renders the services of hosting an online search & booking portal, with its primary focus on the selling of cruise packages (‘the Services’) pursuant to which the general public shall:

1. Have access to hupla.co,
2. Be entitled to set certain travel criteria based on information gleaned from the internet,
3. Request quotations and
4. Be entitled to confirm bookings and place reservations relating to their travel requirements.
5. Have Hupla book any of the products sold on behalf of the client. 

For the avoidance of doubt, the services do not include any advisory or consultancy services, unless you choose to speak to a Hupla consultant through the Hupla.co website Live Agent.

 

3. The Client and Authority of The Booking

Any person(s) wishing to utilise any of the Hupla services, indicates their acceptance of these Terms and Conditions by proceeding with the booking on the passenger information page or if a manual booking is made when the passenger's name, surname and date of birth are sent to the Hupla consultant,  prior to the conclusion of any transaction with Hupla.

Upon doing so, such person is DEEMED TO HAVE READ, UNDERSTOOD AND ACCEPTED these Terms and Conditions and to have the authority to do so on behalf of the person (s) /Company person in whose name(s) the ultimate reservation or booking is made (collectively referred to as ‘the Client(s)’).

Please be advised that unless requested otherwise upon making the reservation, Hupla is authorised to engage with any Passenger listed in a booking, as long as that Passenger is able to provide the reference number of the booking and the name, surname, date of birth of the lead passenger.

Hupla accepts no responsibility for any changes made by any of the listed Passengers in a booking; if the said passenger has provided the correct reference number of the booking and the name, surname, date of birth of the lead passenger.

However, any financial aspect of the booking, such as refunds & payments, will always be dealt with the main contact person of the booking. Unless a written confirmation from such person delegating the responsibility to a third party is received before the refund is processed.

 

 

4. Third-Party Service Providers

Hupla provides Clients with the services either itself or acting on behalf of Principals engaged in or associated with the travel industry, such as cruise lines, hotels and/or other service providers or suppliers (collectively referred to as ‘the PRINCIPAL’).

Hupla represents the Principal as agents only - AND ACCORDINGLY ACCEPTS NO LIABILITY - for any loss, damage (including loss of profits or consequential or special damages), injury, illness, harm or death (except if such loss or damage arises from the gross negligence or wilful misconduct of Hupla or any person acting for or controlled by Hupla), which any Client may suffer as a result of any act or omission on the part of or the failure of the Principal to fulfil their obligations, whether in relation to travel arrangements, accommodation or otherwise.

The contract in use by the Principal (which is often constituted by the ticket issued by the Principal), shall constitute the sole contract between the Principal and the Client and any RIGHT OF RECOURSE the Client may have, will be solely against the Principal.

Hupla shall, as soon as possible after the confirmation of the Client’s booking, provide to the Client the identity of the Principal.

Please be aware that Third Party Service Providers (Cruise Lines / Hotel / Airline / Transport supplier) may charge extra for certain items such as: seating, special meal requests, printing boarding passes or amendment to an existing booking.

This is subject to change without notice to you. It is the Client’s responsibility to familiarize themselves with such terms and conditions (‘the Principal’s Conditions’).

The specific cruise line's terms and conditions may apply.

At any point during the booking process, it is the Client's responsibility to familiarize him/herself with the Principal’s terms and conditions applicable to the Client's cruise.

When a cruise ticket is issued, when Hupla sends the cruise ticket, the Hupla team will attach any insurance documents that cover the Clients holiday. 

For any other services, please refer to the specific Principal’s terms and condition.

See: MSC Cruises | Silversea | Aurora Expeditions | Norwegian Cruise Line terms and conditions.

 

5. Booking Enquiries & Reservations

Once the Client has (i) completed all applicable fields to initiate an enquiry regarding a particular destination, trip and/or other service on Hupla’s website or (ii) initiated such an enquiry with Hupla by any other means of communication including by means of access to the sites via booking kiosks, if applicable, (collectively referred to as ‘the Enquiry’), the Sites will prepare and provide the Client with the projected total cost of the Enquiry (online, by e-mail, Facebook Messenger, Live Agent, Whatsapp, SMS or telephonically) (‘the Quote’).

THE QUOTE IS ACCEPTED by the Client when the Client proceeds with the steps as specified on the Sites. When an enquiry is done telephonically or via email, the quote is considered accepted when the client provides the name, surname and date of birth of all passengers travelling as part of the enquiry.

IN THE CASE OF CRUISE TICKETS, the Booking Confirmation is in the normal course only open for acceptance for a period of 24 hours (twenty-four) hours or until the booking option date and time is reached (‘Purchase Period’), whichever occurs first. The option date will be included in the Booking Confirmation that is sent to the Client.

Full payment of the total value of the Quote (‘the Payment’) is required in order to confirm reservations with the relevant Principals (‘the Booking’). When Deposit is paid, the Booking will be on Option until the Payment is reflected in Hupla’s bank account.

Once the online Booking or Booking effected by Hupla has been completed and the Client has authorized Hupla to process the payment by submitting the Booking for reservation, the Client will be supplied with an email that will contain the final details of the Booking (‘the Provisional Booking Confirmation Form’).

 

6. Destination Selection

The Client ACKNOWLEDGES that it has selected the itinerary and destination(s) constituting the Booking based on information gleaned from the internet.

It ALSO ACKNOWLEDGES that the internet Booking has been compiled and is managed and updated by the Principal, and that Hupla has no control over information compiled by the Principal.

Accordingly, HUPLA CANNOT AND DOES NOT GUARANTEE that the itinerary and/or any destinations will comply in whole or in part with those advertised on the internet by or on behalf of the Principal.

Any right of recourse in that regard will be against the Principal. In addition to the above, Hupla cannot be held liable for incorrect availability being displayed by the Principal and we cannot be held liable if the cabins selected are not available.

7. Payment and Payment Terms

The Payment is due immediately by Visa or Master Card, SID instant EFT payments, Electronic Funds Transfer, Cash Deposit at a retail store, whichever is applicable and must reflect in the bank account of Hupla within 24 hours from the day that the Booking was made.

For bookings that are made within 75 days of the date of departure, the funds must reflect in the bank account of Hupla immediately in order to confirm the booking.

Hupla accepts no charges for Foreign Exchange payments made to confirm the Booking. All charges must be for the client’s own account. Any shared charges or charges that are incurred by Hupla accepting Foreign Exchange payments will be added to the total payable by the Client.

Hupla accepts no charges for Cash payments made directly into Hupla's bank account, to confirm the Booking. All charges must be for the client’s own account. Any shared charges or charges that are incurred by Hupla accepting Cash payments will be added to the total payable by the Client. - This excludes any cash payment through a partner retail store where no additional charge will be added to the client.

If the Payment is not received as stated above, Hupla or the Principal involved RESERVES THE FULL RIGHT TO CANCEL THE BOOKING. For any refunds on the cancel booking, please refer to the refund section of this policy.

In the event that the Payment was made after the aforementioned deadline, and should Hupla inform the Client by means of a revised Quote that the Booking remains available at a higher price, the Client may choose to proceed with the Booking at such higher price, in which event the CLIENT WILL BE LIABLE for any difference between the original Quote and such higher price, and the revised Payment must reflect in the bank account of Hupla before the deadline stipulated in the revised Quote in order to secure the Booking.

Hupla is a Seychelles company and for all transactions that are processed in South African Rand. The applicable conversion charges (‘Additional Charges’) may be levied by your merchant bank if payment is made from another country and/or in another currency other than South African Rand. The Additional Charges are driven by the global treasury of the applicable credit card and are impacted by the change in daily exchange rates. Hupla shall therefore NOT BE HELD LIABLE for any Additional Charges levied by the applicable merchant or bank pursuant to the confirmation of a Booking. Hupla does not offer credit, unless otherwise agreed.

8. Quotes

Quotes are provided at the ruling daily exchange rate. Until the Payment has reflected into Hupla’s bank account, we RESERVE THE RIGHT to amend any Quote.

Should the Quote be increased as a result of an exchange rate fluctuation, the CLIENT UNDERTAKES TO PAY FOR ANY INCREASE ON DEMAND.

Any decrease in the QUOTE prior to the date of Payment will be reflected in the Quote itself. The onus will be on the Client to check that there have been no changes in the Quote prior to making the Payment.

Cruise Fares are subject to the price and conditions quoted by the cruise line. However, once Payment has been received, the Quote is guaranteed, PROVIDED THAT the payment was made within the payment deadline specified.

Should the Client be a group booking and the group number deviate from the number required for the Booking, the PRINCIPAL MAY RESERVE THE RIGHT to re-cost the Quote and raise a surcharge.

Should any Client refuse to accept and pay such surcharge, it may result in the Principal CANCELLING THE BOOKING AND RETAINING any payment made, and Hupla will be entitled to retain 10% of the value of the total cancellation as service fees.

Hupla accepts no liability for bookings that have been cancelled because no payment has been forthcoming.

9. Travel Destinations

When booking an international travel reservation through the Site or plan international trips using the Site, you are responsible for ensuring that you meet all foreign entry requirements and that your travel documents, including passports and visas, are in order, as well as any medical certificates or vaccinations required by the country(ies) being visited.

Even if we have blog posts / articles / webpages dedicated to travel requirements, please consult the relevant consulate or embassy for recent information. Because requirements may change at any time, the onus remains on the Client to check for up-to-date information before booking and departure.

Hupla accepts no liability for travellers who are denied travelling or boarding on any cruise, flight, transport or any other mean of travel, or entry into any country because of the traveller’s failure to carry the travel documents required by the authority, country, cruise line or airline, including countries the traveller may just be passing through en route to his or her destination.

It is also the traveller’s responsibility to consult his / her physician for recommendations on inoculations before the travel, locally or internationally. And to ensure that the traveller meets all health entry requirements and follow all medical guidance related to the trip.

If a traveller is pregnant, before booking your travel, it is important to advise your gynaecologist of your travel plans and get guidance you may need. Some airlines and cruise lines have restrictions from the 20th week onwards (calculated on the expected date of delivery). A health and medical declaration may be requested, stating both the number of weeks into the pregnancy, the expected due date and that there are no complications. You MUST contact Hupla and/or the Principal for directive when booking a trip while pregnant. Hupla accepts no liability for travellers who are denied travelling by any countries or Principals due to pregnancy.

10. Service Fee

These fees cover the costs incurred by Hupla in booking and servicing your travel reservation. We also reserve the right to charge an additional service fee for any additional services rendered, such as cancellation requests, changes to your booking or refund submission.

Please be advised that service fees are NON-REFUNDABLE in case of any type of cancellation by the client.

 

11. Amendment Fees

An amendment fee of R 400.- per cabin may be levied for any changes to the confirmed itinerary, ticket, name change or booking.

Hupla’s amendment fee is charged in addition to any amendment fees which may be charged by the relevant Principal.

 

12. Hupla’s Indemnity

The proposed travel arrangements are made on the EXPRESS CONDITION that Hupla, its employees and agents, shall not be responsible for, and shall be exempt from, all liability in respect of loss, damage (including loss of profits or consequential or special damages), accident, injury, illness, harm, trauma, death, delay or inconvenience (collectively, ‘Losses’) to any Client (which shall be deemed to include the heirs, executors, administrators or assigns of the Client), their luggage, or other property, wherever, whenever and however the same may occur (except if such Losses arise directly or indirectly from the gross negligence or wilful misconduct of Hupla or any person acting for or controlled by Hupla, in which case such claim shall be lodged in writing with Hupla within 30 (thirty) days after the occurrence of the alleged Loss, and such liability shall be limited to R5 000 per Client or any passenger under the same Hupla Booking number (travelling together).

The CLIENT INDEMNIFIES AND HOLDS HARMLESS Hupla or any person acting for or controlled by Hupla accordingly.

13. Travel Insurance

It is STRONGLY ADVISED that all Clients take out adequate insurance cover in order to cover instances such as cancellation due to illness or injury, personal accident and personal liability, loss of or damage to baggage and sports equipment. (Note that this is not an exhaustive list).

Hupla will NOT BE RESPONSIBLE OR LIABLE if the Client fails to take adequate insurance cover. It shall not be obligatory upon Hupla to effect insurance for the Client (since this service does not fall within the scope of the Services) except upon detailed instructions given in writing by the Client.

All insurance effected by Hupla pursuant to such instruction will be subject to such exceptions and conditions as may be imposed by the insurance company or underwriters accepting the risk.

Hupla shall NOT BE OBLIGED to obtain separate cover for any risks so excluded. Should the insurers dispute their liability for any reason, the Client will have recourse against the insurers only.

Please note that various credit card companies offer limited levels of travel insurance, which in Hupla’s view may not be sufficient cover for international travel.

The CLIENT IS ADVISED to check with their respective credit card companies in order to obtain the specific details of the cover offered, and determine whether this is sufficient for the Client’s requirements.

 

14. Travel Documents

Documents (for example booking confirmations, itineraries, tickets etc.) shall only be prepared and released to the Client on receipt of the Full Payment and all the documents/information requested by the Principal to release such Documents (ie emergency contact number, online booking form, web check-in, passport number etc.)

Neither the Principal nor Hupla guarantees that any additional Service will be part of the final Documents if it has been booked and paid for less than four days before departure of the trip.

MSC Cruises: Web Checkin guide 

15. Name Change Requests

Upon confirming your booking, we advise you to CHECK THE SPELLING OF YOUR NAME and ensure that it is as per your passport/identity document. You may not use nicknames or shortened versions of names for your booking.

Should your name or surname not match your passport/identity document, The Principal may not allow you to travel. Should you require a name change, and should it be permissible, The Principal may apply penalties.

Please note that some Principals do not allow name changes for any reason whatsoever and may require you to buy a completely new ticket. Hupla accepts no liability in this regard.

As stated in the Amendment Fees section, Hupla will charge an amendment fee of R300.- for any name change request in addition to the charge from The Principal.

 

16. Passports, Visas & Health

It is THE CLIENT SOLE RESPONSIBILITY to ensure that all passports and visas are current, valid, obtained on time, have sufficient blank pages, will be valid for six months after return to their home country and that any vaccinations, inoculations, prophylactic (e.g. for malaria) and the like, where required, have been obtained.

The Client is STRONGLY ADVISED to check the relevant requirements for their destination and any transit countries before travelling.

Before booking any flights, it is important to check if a transit visa will be required. As this differs between countries and which passport you are holding. It is always best to check with the embassy of the transiting country.

For example, if you are the holder of a South African passport and are travelling on British Airways to Madrid via London you may require a transit visa.

Hupla will endeavour to assist the Client if requested, but such assistance will be at Hupla’s discretion (since this service does not fall within the scope of the Services) and the Client acknowledges that in doing so, Hupla IS NOT ASSUMING ANY OBLIGATION OR LIABILITY AND THE CLIENT INDEMNIFIES HUPLA against any consequences of the Client’s failure to comply with any such requirements.

It is the CLIENT’S DUTY to familiarize him/herself with the inherent dangers of and mental and/or physical condition required for the proposed travel arrangements

17. Warning: Malaria, Chagas disease and other tropical Diseases

Certain parts covered by the Client’s itinerary may be areas where there is a HIGH-RISK of malaria, Chagas disease other tropical diseases such as yellow fever.

It is ENTIRELY THE CLIENT’S RESPONSIBILITY to check if any parts of their itinerary fall in high-risk areas and the Client is STRONGLY ADVISED to take the necessary precautions in this regard and hence, we recommend that the Client checks with their medical practitioner and/or travel clinic well before departure. Check ‘The World Health Organization’ fact sheets for more information.

 

18. Cancellation

In the event of the Client cancelling the Booking, Hupla shall have the RIGHT TO EITHER CLAIM the amount of, or retain an amount of the Payment and Claims reasonable damages suffered by Hupla, provided that Hupla shall not impose any cancellation fee or claim any damages in respect of a Booking or reservation if the Client is unable to honour the booking or reservation due to the death of the Client.

In the unfortunate cases of the death of the Client, the Principal and/or Hupla might ask for supporting documents to waive the claim.

The Principals may reserve the RIGHT TO CANCEL any services prior to departure, in which event the Payment (less Hupla’s service fee) will be refunded by the Principal to the Client (through Hupla) without any further obligation on the part of Hupla.

Hupla will CHARGE 12% (but a minimum of R750,-) of the VALUE OF THE BOOKING as handling fees for processing the request for refund. Clients should refer to the “Refunds” section of these Conditions, as well as the cancellation provisions contained in the Principal’s Terms & Conditions.

Principals may charge cancellation fees over and above the cancellation fees charged by Hupla in terms of this Condition.

For bookings made in the Republic of South Africa, subject to the Consumer Protection Act (“CPA”), if as a result of direct marketing (as defined in the CPA), the Passenger purchases a Cruise Ticket, the Passenger is entitled to cancel the Cruise booking (without reason or penalty) within 5 (five) business days, after the date on which the Deposit was paid, by giving The Principal a written notice of cancellation. If the client wants to give Hupla the written notice of cancellation, this written notice has to be issued within 4 (four) business days to allow Hupla to inform The Principal.

Pursuant to Section 6A(12) of the CPA (Cancellation of Transaction) Regulations, the aforesaid shall not apply to accommodation, cruises, travel, vacation, and recreation services that are fully provided outside South Africa, including cruises departing from South Africa, connection flights departing from South Africa provided by another airline than the one doing the South Africa – International leg, and Tour Packages outside of South Africa.

For the avoidance of doubt; if the Principal cancels a cruise, based on bad weather, Government policy changes, technical issues with the ship or any other type of cancellation,

and the Principal offers an alternative cruise option, in the form of a cruise move or a future cruise voucher, any refund request from the Client will be deemed a cancellation as per clause 18.

In the event that a Client doesn't want to comply with any updated Health & Safety Protocols (update made within 72 hours of the time of departure), enforced by the Principal, any refund request from the Client will be deemed a cancellation as per clause 18

See: MSC Cruises | Silversea | Aurora Expeditions | Norwegian Cruise Line terms and conditions.

 

19. Unscheduled Extensions

In the unlikely event of there being an unscheduled extension to the final itinerary caused by cruise re-scheduling, cruise delays, bad weather, strikes or any other cause which is beyond the control of Hupla, its agents or the Principal, any EXPENSES RELATING TO SUCH UNSCHEDULED EXTENSIONS (HOTEL, ACCOMMODATION, FLIGHTS ETC.) WILL BE FOR THE CLIENT’S ACCOUNT.

The Client should confirm whether any of these expenses may be covered by travel insurance, should this be applicable. It is the Client’s responsibility to confirm the specific provisions of the travel insurance.

 

20. Itinerary Variations

While every effort is made to keep to the final itinerary, the Principals reserve the right to make changes intended for the Client’s convenience or in case of emergencies e.g. in some cases, weather conditions, mechanical problems, duty to assist ships in distress, instruction of the Ports and other authorities relating to departure and/or arrival and /or stoppages, the availability of Port facilities, and other factors which may be beyond the Principal’s control, can necessitate an alteration in the itinerary or even missing a port of call.

The Principal does not guarantee that the cruise ship will be able to depart the port of embarkation on or at the scheduled date or time, or at all; and/or call or stop at the Ports at which it is scheduled to call or stop; and/or that the client will be able to go ashore on a planned shore excursion during the scheduled Travel Itinerary.

The Principal may change the Travel Route and/or Ports at which the Cruise ship calls or stops if the master of the cruise ship considers it is necessary to do so for any of the reasons set out above.

If for any reason the Cruise Ship is unable to sail the Itinerary, the Principal may transfer you to another ship or to any other mode of transport bound for the destination of your Cruise.

If the Port from which you are scheduled to board the Cruise Ship is changed by the Principal, the Principal may at its cost arrange for you to be transported to the Port at which you are required to board the Cruise Ship.

Any such variations in the final itinerary do not constitute any reason for a refund and Hupla shall NOT BE HELD LIABLE for any such variations.

Neither Hupla nor the Principal is liable for any loss or damages which the Client may suffer for any reasons beyond the Principal’s control:

1. the client has to board the Cruise Ship at a different Port;
2. the time or date on which the Cruise Ship is scheduled to leave a Port is delayed or if it is unable to depart a Port at all for reasons beyond its control and is obliged to remain moored alongside a berth or at anchor;
3. the Cruise Ship is unable to stop at a scheduled Port or anchor or stop to permit the client to go on a scheduled shore excursion (booked through Hupla, the Principal or any other provider) or other excursion, or once stopped at a Port, the client is unable to go ashore;
4. the Cruise Ship is substituted by another ship or mode of transport; and/or
5. the time or date, on which the Cruise Ship is scheduled to land at the final port of destination, is delayed.

Hupla highly recommends the client arrives the day before the departure of the cruise and leave the port a day after to avoid the above complications.
IT IS THE CLIENT’S RESPONSIBILITY to check each amendment to the itinerary.

21. Law & Jurisdiction

These Conditions shall be governed by the law of South Africa and the jurisdiction of South Africa courts will govern the relationship between the Client and Hupla.

 

22. Special Requests

Clients who have special requests must specify such requests in writing to Hupla at least 5 days before any trip booked through Hupla.

Whilst Hupla will use its best endeavours to accommodate any such requests, it does NOT GUARANTEE that it will always be able to do so.

 

23. Amendments of these Conditions

No amendment, cancellation or waiver of any term or right referred to herein shall be valid or binding unless reduced to writing and signed by both the Client and a duly authorized representative of Hupla.

 

24. Refunds

By purchasing a cruise ticket through Hupla, the Client acknowledges and agrees that in the event of a cancellation, THE PRINCIPAL may/will RETAIN THE FULL DEPOSIT or may recover the full or a proportion of the Cruise Fare payable, in order to reimburse THE PRINCIPAL for its loss of income/revenue, for damages and out of pocket expenses arising from or pursuant to the cancellation.

Any refunds referred to in these Terms & Conditions shall exclude such retained portion or the Full Deposit and any Service, Amendment or Cancellation fees as per section 12 & 13 of this document.

Hupla will charge a fee of 15% of the total value of the booking (or a minimum of R700), for processing a request for a refund. Principals may charge refund fees above those stated here.

Once we have established the possible refund you are entitled to, Hupla will request it from THE PRINCIPAL on your behalf.

This takes normally from 6 to 8 weeks, however, we have seen it take up to 6 months, depending on THE PRINCIPAL.

Hupla will not be liable for any refund to the client if the said refund has not been paid to Hupla by THE PRINCIPAL.

THE PRINCIPAL will refund Hupla and we’ll refund in the same way as the Client has done their payment.

Any refund that is denominated in foreign currency by the Principal, will be carried out at the official exchange rate on the day the credit is executed.

 

25. Foreign Exchange Regulation Compliance

For countries that are subject to Foreign Exchange Regulation Compliance, it is EXCLUSIVELY THE CLIENT’S RESPONSIBILITY that such compliance is reached.

This will apply especially when the Client instructs Hupla to make and pay for travel arrangements on the internet.

26. E-ticketing: Documents Required for Traveling

It is the CLIENT’S EXCLUSIVE RESPONSIBILITY to ensure that he/she is in possession of all relevant travel documents prior to commencing with his/her travels.

For example, the Client must be ready to show their passport or identity document and e-ticket at the check-in counter of THE PRINCIPAL concerned, or, to the extent applicable, their passport or identity document at the check-in counter for their accommodation.

Certain PRINCIPALS require the physical credit card used to make payment, to be presented at check-in or a copy of the credit card and the card-holders ID, in addition to the above-mentioned documents.

The requirement to have a valid passport or identity document and/or the correct documents for the children apply to all members of a travelling party and for each minor travelling (including infants).

It is the client’s responsibility to make sure that the online check-in/booking form and all information needed for the successful issuing of the ticket have been updated in a timely manner, in accordance with THE PRINCIPAL’s terms and conditions.

Hupla accepts no liability for travellers who have their trip cancelled by the PRINCIPAL due to the failure of providing such information (ie Passport number, emergency contact detail, agreeing with the Principal’s terms and conditions etc) in the time given by the PRINCIPAL’s terms and conditions.

Most PRINCIPALS will not issue a ticket without having the client update and complete their information online or through a booking form.

 

27. Internet Bookings

If the Client requests or instructs Hupla to effect bookings via the internet, the Client IRREVOCABLY AUTHORIZES Hupla to do the following on its behalf (1) make any selections of and for the proposed travel arrangements (2) inform the Client of the prices attached to the proposed travel arrangements PRIOR TO CONFIRMING the booking and (3) make payment for such booking and ancillary services.

28. Legal Fees

In the event that Hupla has to engage a lawyer to enforce any of its rights in terms of these Conditions or otherwise, and in the event that Hupla is successful in the enforcement of such rights, the CLIENT WILL BE LIABLE for all legal fees at an attorney and own client scale.

29. Confidentiality

Subject to statutory constraints or compliance with an order of the court, Hupla undertakes to deal with all Client information of a personal nature on a strictly confidential basis.

30. Confirmation of Travel Arrangements

It is advisable that all onward travel arrangements be RECONFIRMED BY THE CLIENT 72 (seventy-two) hours prior to departure with HUPLA or THE PRINCIPAL.

General Terms and Conditions for Online Bookings

31. Bookings Online

Please note that over and above the online terms and conditions as set out below (‘the Online Conditions’), all online Bookings made via the Sites are subject to the Conditions which appear above. Where there is a conflict between the two, the Conditions will prevail.

 

32. Intellectual Property

The Site is owned by Hupla Group Ltd and the domain names are registered in the name of Hupla. All intellectual property rights in and to the aforementioned vests in Hupla. None of the content or data found on the Sites may be reproduced, sold, transferred, or modified without the express written permission of Hupla.

 

33. Copyright and Trademark Notices

All contents of the Sites are registered to: Hupla Group Ltd, Suites 106 Premier Building, Victoria, Mahe, Republic of Seychelles.

Hupla Group Ltd, the logo and icons are trademarks (whether registered or unregistered) of Hupla.

All rights in and to any copyright or registered or unregistered trademarks of Hupla remain strictly reserved. Other product and/or company names mentioned in the Conditions and/or the Online Conditions may be the trademarks of their respective owners.

 

34. Changes & Modifications of these Terms and Conditions

Hupla may make future changes, deletions or modifications to the Online Conditions, information, graphics, products, features, functionality, services, and links at any time without notice and the Client’s subsequent viewing or use of the Sites and/or the conclusion of a transaction with Hupla will CONSTITUTE THE CLIENT’S AGREEMENT to such changes, deletions and modifications, as the case may be.

The CLIENT AGREES TO ACCEPT AND BE BOUND BY the Online Conditions and notices which are in effect at the time of the Client’s use of the Sites and facilities.

 

35. Access and Use

The Sites are offered to the Client ON CONDITION THAT THE CLIENT ACCEPTS, without modification, the Online Terms.

By clicking “continue” on the Passenger sign-up page, prior to any conclusion of any transaction on the Sites, the Client agrees to all the Online Conditions and notices.

Access to and use of the Sites are ENTIRELY AT THE CLIENT’S RISK. Hupla may discontinue or suspend the Sites at any time without notice, and it may block, terminate or suspend any Client’s access at any time for any reason in its sole discretion, even if access continues to be allowed to others provided that such right to block, terminate or suspend any Client’s access is not exercised unfairly on the basis of one or more grounds of unfair discrimination.

 

36. Personal and non-commercial Use Limitation

The Sites are for the Client’s personal and non-commercial use. The content and information on the Sites (including, without limitation, price and availability of travel and/or other services), as well as the infrastructure used to provide such content and information, is proprietary to Hupla or the Principals.

Accordingly, the CLIENT UNCONDITIONALLY AGREES not to use the Sites or its contents or information for any purpose (direct or indirect) other than conducting Enquiries and making Bookings for personal, non-commercial use, such as (for example) for reselling purposes.

Whilst the Client may make limited copies of its travel itinerary and related documents for travel, accommodation and/or other services purchased through the Sites, the CLIENT AGREES not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from the Sites.

In addition, whether or not the Client has a commercial purpose, the CLIENT AGREES NOT TO:

• access, monitor or copy any content or information of the Sites using any means such as robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of Hupla;
• violate the restrictions in any robot exclusion headers on the Sites or bypass or circumvent other measures employed to prevent or limit access to the Sites;
• take any action that imposes, or may impose, at the discretion of Hupla, an unreasonable or disproportionately large load on the Travel Agent’s infrastructure; or
• deep-link to any portion of the Sites (including, without limitation, the purchase path for any travel services) for any purpose without express written permission of Hupla.

37. Liability Disclaimer

The information, software, products, and services published on the Sites may include inaccuracies or typographical errors.

In particular, Hupla DOES NOT GUARANTEE THE ACCURACY of any of the travel products displayed on the Site (including, without limitation, photographs, lists of cruise/hotels/lodges amenities, general product descriptions, etc.), much of which information is provided by the respective Principals.

Hupla DISCLAIMS LIABILITY for inaccuracies relating to the aforementioned information and descriptions.

Cruise / Hotel / Lodge ratings displayed on the Sites are intended as only general guidelines, and Hupla DOES NOT GUARANTEE THE ACCURACY of the ratings. Changes are periodically added to the information herein.

If any information seems inaccurate, please contact product@hupla.co to help correct the accuracy of the product displayed on the Site.

Hupla may make improvements and/or changes on the Sites at any time, in accordance with the provisions of the clause named ‘Changes & Modifications of the Online Conditions’.

Hupla makes NO REPRESENTATIONS about the suitability of the information, software, products, and services (together, ‘the Relevant Information’) contained on the Sites for any purpose, and the inclusion or offering for sale of any products or services on the Sites DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION of such products or services by Hupla.

For the avoidance of doubt, the services rendered by Hupla do not include advisory or consultancy services. All Relevant Information is PROVIDED ‘AS IS’ WITHOUT WARRANTY of any kind.

The Travel Agent hereby DISCLAIMS ALL WARRANTIES AND CONDITIONS with regard to the Relevant Information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

The Principals are independent contractors and not agents or employees of Hupla or its affiliates.

Affiliates include websites which click-through to the Hupla.co Website. Hupla is NOT LIABLE for the acts, errors, omissions, representations, warranties, breaches or negligence of any such Principals or for any personal injuries, death, property damage, or other damages or expenses resulting thereof.

Hupla and its affiliates HAVE NO LIABILITY AND WILL MAKE NO REFUND in the event of any delay, cancellation, [overbooking], strike, force majeure or other causes beyond their direct control, and it has NO RESPONSIBILITY for any additional expense, omissions, delays, re-routing or acts of any government or authority, it being recorded that the Client’s recourse in this regard (if any) will be governed by the terms of its contract with the relevant Principals.

In no event shall Hupla and/or their respective suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, the use of the Sites or with the delay or inability to use the Sites, or for any information, software, products, and services obtained through the Sites, or otherwise arising out of the use of the Sites, whether based on contract, tort, strict liability or otherwise, even if Hupla and/or its respective suppliers have been advised of the possibility of damages.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you

38. Travel Destinations

By offering travel for sale to particular international destinations on the Sites, Hupla does NOT REPRESENT OR WARRANT that travel to such points is advisable or without risk, and is NOT LIABLE for damages or losses that may result from travel to such destinations.

39. Indemnification

The Client AGREES TO DEFEND AND INDEMNIFY Hupla and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including, but not limited to, reasonable legal and accounting fees, brought by:

1. the Client or on the Client’s behalf [in excess of the liability described above]; or
2. by third parties as a result of
3. the Client’s breach of the Online Conditions and notices or any other documents referenced herein;
4. the Client’s violation of any law or the rights of a third party; or
5. the Client’s use of the Sites.
6. No unlawful or prohibited Use

The Client WARRANTS UNCONDITIONALLY that the Client will not use the Sites for any purpose that is unlawful or prohibited by the Online Conditions and notices or any other prohibitions unlawful in terms of The Republic of South Africa law.

 

40. Links to other Websites

There are links on the Sites which allow a Client to visit the sites of third parties. Neither these sites nor the companies to whom they belong are controlled by Hupla and it makes NO REPRESENTATIONS AND GIVES NO WARRANTIES concerning the information provided or made available on such sites nor the quality or acceptability of the products or services offered by any persons or entities referenced in any such sites.

Hupla’s inclusion of hyperlinks to such websites does NOT IMPLY ANY ENDORSEMENT of the material on such websites or any association with its operators.

Hupla has not tested and MAKES NO REPRESENTATIONS regarding the correctness, performance or quality of any software found at any such sites.

The CLIENT SHOULD RESEARCH AND ASSESS THE RISKS which may be involved in accessing and using any software on the internet before using it.

The CLIENT INDEMNIFIES Hupla against any claims for loss or damage arising from the Client’s use of or of information gained from or from accessing any such linked sites.

 

41. Applicable Law

Please note that the use of this Website is subject to the STC and specifically subject to The Republic of South Africa law and the jurisdiction of The Republic of South Africa courts.

42. General

Use of the Sites are unauthorized in any jurisdiction that does not give effect to all provisions of the Online Conditions, including, without limitation, this paragraph.

THE CLIENT AGREES that no joint venture, partnership, employment, or agency relationship exists between the Client and Hupla as a result of this agreement or use of the Sites.

Hupla’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Hupla’s right to comply with law enforcement requests or requirements relating to the Client’s use of the Sites or information provided to or gathered by Hupla with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and agreement shall continue in effect.

This agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between the Client and Hupla with respect to the Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and Hupla with respect to the Sites.

Any rights not expressly granted to Hupla herein remain reserved.

 

43. Communication from Sites

By making a booking on any Hupla platform, the client agrees to receive transactional and promotional communications from the site. The client may opt out of promotional communications at any time, however transactional communication with regards to any bookings will continue to be sent.

For further information on the communication between Hupla and the client please refer to Privacy policy.

 

44. Entire Contract

All the terms and conditions displayed on the Sites constitute the entire terms of the relationship between the parties.

There exist no other terms, conditions, warranties, representations, guarantees, promises, undertaking or inducements of any nature whatsoever (whether verbal, written or electronic) regulating the relationship and the CLIENT ACKNOWLEDGES that he/she has not relied on any matter or thing stated on behalf of Hupla or otherwise that is not included herein.

Website Terms of Use

Privacy Policy

Thank you for choosing to be part of our community at Hupla Group Ltd, doing business as Hupla (“Hupla”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy or our practices with regards to your personal information, please contact us at policy@hupla.co.

When you visit our website www.hupla.co, Facebook application and use our services, you trust us with your personal information. We take your privacy very seriously. In this privacy policy, we seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this privacy policy that you do not agree with, please discontinue use of our Sites or Apps and our services.

This privacy policy applies to all information collected through our website (such as www.hupla.co), Facebook application, ("Apps"), and/or any related services, sales, marketing or events (we refer to them collectively in this privacy policy as the "Services").

Please read this privacy policy carefully as it will help you make informed decisions about sharing your personal information with us.

 

1. WHAT INFORMATION DO WE COLLECT?

Personal information you disclose to us

In Short: We collect personal information that you provide to us such as name, address, contact information, passwords and security data, payment information, and social media login data.

We collect personal information that you voluntarily provide to us when registering at the Services or Apps, expressing an interest in obtaining information about us or our products and services, when participating in activities on the Services or Apps or otherwise contacting us.

The personal information that we collect depends on the context of your interactions with us and the Services or Apps, the choices you make and the products and features you use. The personal information we collect can include the following:

Publicly Available Personal Information. We collect first name, maiden name, last name, nickname, ID, passport number, current and former address, phone numbers, email addresses, business email, business phone number, birth, and other similar data.
Credentials. We collect passwords, password hints, and similar security information used for authentication and account access.

Payment Data. We collect data necessary to process your payment if you make purchases, such as your payment instrument number (such as a credit card number), and the security code associated with your payment instrument. All payment data is stored by PayGate (Pty) Ltd. You may find their privacy policy link(s) here: https://www.paygate.co.za/gdpr/.

Social Media Login Data. We provide you with the option to register using social media account details, like your Facebook, Twitter or other social media account. If you choose to register in this way, we will collect the Information described in the section called "HOW DO WE HANDLE YOUR SOCIAL LOGINS" below.

All personal information that you provide to us must be true, complete and accurate, and you must notify us of any changes to such personal information.

Information automatically collected

In Short: Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our Services or Apps.

We automatically collect certain information when you visit, use or navigate the Services or Apps. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Services or Apps and other technical information. This information is primarily needed to maintain the security and operation of our Services or Apps, and for our internal analytics and reporting purposes.

Like many businesses, we also collect information through cookies and similar technologies. You can find out more about this in our Cookies Policy.
Online Identifiers. We collect tools and protocols, such as IP (Internet Protocol) addresses, cookie identifiers, or others such as the ones used for analytics and marketing, device's geolocation, devices, applications, Radio Frequency Identification (RFID) tags, and other similar data.

 

Information collected through our Apps

In Short: We may collect information regarding your geo-location, and Facebook permissions when you use our apps.

If you use our Apps, we may also collect the following information:

• Geo-Location Information. We may request access or permission to and track location-based information from your mobile device, either continuously or while you are using our mobile application, to provide location-based services. If you wish to change our access or permissions, you may do so in your device’s settings.
• Facebook Permissions. We by default access your Facebook basic account information, including your name, email, gender, birthday, current city, and profile picture URL, as well as other information that you choose to make public. We may also request access to other permissions related to your account, such as friends, checkins, and likes, and you may choose to grant or deny us access to each individual permission. For more information regarding Facebook permissions, refer to the Facebook Permissions Reference page.

Information collected from other sources

In Short: We may collect limited data from public databases, marketing partners, social media platforms, and other outside sources.

We may obtain information about you from other sources, such as public databases, joint marketing partners, social media platforms (such as Facebook), as well as from other third parties. Examples of the information we receive from other sources include social media profile information (your name, gender, birthday, email, current city, state and country, user identification numbers for your contacts, profile picture URL, and any other information that you choose to make public); marketing leads and search results and links, including paid listings (such as sponsored links). We will inform you about the source of information and the type of information we have collected about you within a reasonable period after obtaining the personal data, but at the latest within one month.

 

2. HOW DO WE USE YOUR INFORMATION?

In Short: We process your information for purposes based on legitimate business interests, the fulfilment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Services or Apps for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive:

• To facilitate account creation and logon process. If you choose to link your account with us to a third party account (such as your Google or Facebook account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract. See the section below headed "HOW DO WE HANDLE YOUR SOCIAL LOGINS" for further information.
• To send you marketing and promotional communications. We and/or our third party marketing partners may use the personal information you send to us for our marketing purposes, if this is in accordance with your marketing preferences. You can opt-out of our marketing emails at any time (see the "WHAT ARE YOUR PRIVACY RIGHTS" below).
• To send administrative information to you. We may use your personal information to send you product, service and new feature information and/or information about changes to our terms, conditions, and policies.
• Fulfil and manage your orders. We may use your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services or Apps.
• To post testimonials. We post testimonials on our Services or Apps that may contain personal information. Prior to posting a testimonial, we will obtain your consent to use your name and testimonial. If you wish to update, or delete your testimonial, please contact us at dataprotectionofficer@hupla.co and be sure to include your name, testimonial location, and contact information.
• Deliver targeted advertising to you. We may use your information to develop and display content and advertising (and work with third parties who do so) tailored to your interests and/or location and to measure its effectiveness. For more information, see our Cookie Policy.
• Administer prize draws and competitions. We may use your information to administer prize draws and competitions when you elect to participate in competitions.
• Request Feedback. We may use your information to request feedback and to contact you about your use of our Services or Apps.
•  To protect our Services. We may use your information as part of our efforts to keep our Services or Apps safe and secure (for example, for fraud monitoring and prevention).
• To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.
• To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.
• To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.
• To deliver services to the user. We may use your information to provide you with the requested service.
• To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.
• For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Services or Apps, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end-users and does not include personal information. We will not use identifiable personal information without your consent.

 

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfil business obligations. 

We may process or share data based on the following legal basis:

• Consent: We may process your data if you have given us specific consent to use your personal information in a specific purpose.
• Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.
• Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.
• Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
• Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations:

• Vendors, Consultants and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors or agents who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Services or Apps, which will enable them to collect data about how you interact with the Services or Apps over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes. We have contracts in place with our data processors. This means that they cannot do anything with your personal information unless we have instructed them to do it. They will not share your personal information with any organisation apart from us. They will hold it securely and retain it for the period we instruct.
• Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

 

4. WHOM WILL YOUR INFORMATION BE SHARED WITH?

In Short: We only share information with the following third parties.

We only share and disclose your information with the following third parties. We have categorized each party so that you may easily understand the purpose of our data collection and processing practices. If we have processed your data based on your consent and you wish to revoke your consent, please contact us.

• Advertising, Direct Marketing, and Lead Generation
  HubSpot CRM, HubSpot Lead Management, Google AdSense, Facebook Audience Network, and ActiveCampaign
• Allow Users to Connect to their Third-Party Accounts
  Facebook account, Twitter account, Instagram account, and LinkedIn account
• Communicate and Chat with Users
  Facebook Customer Chat, HubSpot Email, and Whatsapp
• Content Optimization
  Google Site Search and HubSpot
• Data Backup and Security
  Google Drive Backup
• Functionality and Infrastructure Optimization
  Amazon Web Services
• Invoice and Billing
  PayGate, Xero and Pastel
• Retargeting Platforms
  Facebook Custom Audience, Facebook Remarketing, and Google Ads Remarketing
• Social Media Sharing and Advertising
  Facebook advertising, Facebook social plugins, Instagram advertising, and LinkedIn advertising
• User Account Registration and Authentication
  Facebook Login and Google Sign-In
• User Commenting and Forums
  Facebook Comments and HubSpot Comments
• Web and Mobile Analytics
  Google Analytics and HotJar
• Website Hosting
  Hetzner, AWS and Digital Ocean
• Website Performance Monitoring
  Web Performance
• Website Testing
  Google Play Console, Google Website Optimizer, HubSpot and Optimizely

 

5. DO WE USE COOKIES AND OTHER TRACKING TECHNOLOGIES?

In Short: We may use cookies and other tracking technologies to collect and store your information.

We may use cookies and similar tracking technologies (like web beacons and pixels) to access or store information. Specific information about how we use such technologies and how you can refuse certain cookies is set out in our Cookie Policy.

 

6. HOW DO WE HANDLE YOUR SOCIAL LOGINS?

In Short: If you choose to register or log in to our services using a social media account, we may have access to certain information about you.

Our Services or Apps offer you the ability to register and login using your third-party social media account details (like your Facebook or Twitter logins). Where you choose to do this, we will receive certain profile information about you from your social media provider. The profile Information we receive may vary depending on the social media provider concerned, but will often include your name, e-mail address, friends list, profile picture as well as other information you choose to make public. If you login using Facebook, we may also request access to other permissions related to your accounts, such as friends, check-ins, and likes, and you may choose to grant or deny us access to each individual permission.

We will use the information we receive only for the purposes that are described in this privacy policy or that are otherwise made clear to you on the Services or Apps. Please note that we do not control, and are not responsible for, other uses of your personal information by your third-party social media provider. We recommend that you review their privacy policy to understand how they collect, use and share your personal information, and how you can set your privacy preferences on their sites and apps.

 

7. IS YOUR INFORMATION TRANSFERRED INTERNATIONALLY?

In Short: We may transfer, store, and process your information in countries other than your own.

Our servers are located in South Africa, Seychelles, Switzerland, and United States. If you are accessing our Services or Apps from outside South Africa, Seychelles, Switzerland, and United States, please be aware that your information may be transferred to, stored, and processed by us in our facilities and by those third parties with whom we may share your personal information (see "WILL YOUR INFORMATION BE SHARED WITH ANYONE?" above), in South Africa, Botswana, Mozambique, Switzerland, Namibia, and other countries.

If you are a resident outside of the European Economic Area, then these countries may not have data protection or other laws as comprehensive as those in your country. We will however take all necessary measures to protect your personal information in accordance with this privacy policy and applicable law.

EU-U.S. Privacy Shield Framework:

In particular Company complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States and has certified its compliance with it. As such, Company is committed to subjecting all personal information received from European Union (EU) member countries, in reliance on the Privacy Shield Framework, to the Framework’s applicable Principles. To learn more about the Privacy Shield Framework, visit the U.S. Department of Commerce’s Privacy Shield List.

Company is responsible for the processing of personal information it receives, under the Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf.

With respect to personal information received or transferred pursuant to the Privacy Shield Framework, Company is subject to the regulatory enforcement powers of the U.S. FTC. In certain situations, we may be required to disclose personal information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

 

8. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this privacy policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us.

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

 

9. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the internet itself is 100% secure. Although we will do our best to protect your personal information, the transmission of personal information to and from our Services or Apps is at your own risk. You should only access the services within a secure environment.

 

10. WHAT ARE YOUR PRIVACY RIGHTS?

In Short: In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.

Account Information

If you would at any time like to review or change the information in your account or terminate your account, you can:

• Log into your account settings and update your user account.
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

Cookies and similar technologies: Most Web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove cookies and to reject cookies. If you choose to remove cookies or reject cookies, this could affect certain features or services of our Services or Apps. To opt-out of interest-based advertising by advertisers on our Services or Apps visit http://www.aboutads.info/choices/. For further information, please see our Cookie Policy.

Opting out of email marketing: You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

• Access your account settings and update preferences.
• Contact us using the contact information provided.

 

11. DATA BREACH

In Short: We will notify you in case of any data breach.

A privacy breach occurs when there is unauthorized access to or collection, use, disclosure or disposal of personal information. You will be notified about data breaches when Hupla Group Ltd believes you are likely to be at risk of serious harm. For example, a data breach may be likely to result in serious financial harm or harm to your mental or physical well-being. In the event that Hupla Group Ltd becomes aware of a security breach which has resulted or may result in unauthorized access, use or disclosure of personal information Hupla Group Ltd will promptly investigate the matter and notify the applicable Supervisory Authority not later than 72 hours after having become aware of it, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.

 

12. CONTROLS FOR DO-NOT-TRACK-FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track (“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected.

No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practise in a revised version of this privacy policy.

 

13. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

In Short: Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18 years of age, reside in California, and have a registered account with the Services or Apps, you have the right to request removal of unwanted data that you publicly post on the Services or Apps. To request removal of such data, please contact us using the contact information provided below, and include the email address associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Services or Apps, but please be aware that the data may not be completely or comprehensively removed from our systems.

 

14. DO WE MAKE UPDATES TO THIS POLICY

In Short: Yes, we will update this policy as necessary to stay compliant with relevant laws.

We may update this privacy policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy policy frequently to be informed of how we are protecting your information.

 

15. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have questions or comments about this policy, you may contact our Data Protection Officer (DPO), Alex Schwager, by email at dataprotectionofficer@hupla.co, or by post to:

Hupla Group Ltd
Alex Schwager
5 TurkeyBerry Lane
Hout Bay
South Africa

 

16. HOW CAN YOU REVIEW, UPDATE, OR DELETE THE DATA WE COLLECT FROM YOU?

Based on the laws of some countries, you may have the right to request access to the personal information we collect from you, change that information, or delete it in some circumstances.

On request to review, update, or delete your personal information, please submit a request form by clicking here. We will respond to your request within 30 days.

Cookie Policy

Last Modified: February 10, 2022

This Cookie Policy explains how Hupla Group Ltd (‘Company’, ‘we’, ‘us’ and ‘our’) use cookies and similar technologies to recognise you when you visit our Websites at https://www.hupla.co, (‘Website’). It explains what these technologies are and why we use them, as well as your rights to control our use of them.

In some cases, we may use cookies to collect personal information, or that becomes personal information if we combine it with other information.

What are cookies?

A cookie is a small file containing a string of characters that is sent to your computer when you visit a website. When you visit the site again, the cookie allows that site to recognize your browser. Cookies may store user preferences and other information.
Cookies provide a convenience feature to save you time, or tell the Web server that you have returned to a specific page.

Cookies set by the website owner (in this case, Hupla Group Ltd) are called "first party cookies". Cookies set by parties other than the website owner are called "third party cookies". Third party cookies enable third party features or functionality to be provided on or through the website (e.g. like advertising, interactive content and analytics). The parties that set these third-party cookies can recognise your computer both when it visits the website in question and also when it visits certain other websites.

 

Why do we use cookies?

We use first party and third-party cookies for several reasons. Some cookies are required for technical reasons in order for our Websites to operate, and we refer to these as "essential" or "strictly necessary" cookies. Other cookies also enable us to track and target the interests of our users to enhance the experience on our Websites and Subscription Service.

For example, Hupla keeps track of the Websites and pages you visit within Hupla, in order to determine what portion of the Hupla Website or Subscription Service is the most popular or most used. This data is used to deliver customized content and promotions within the Hupla Website and Subscription Service to customers whose behaviour indicates that they are interested in a particular subject area.

The specific types of first and third-party cookies served through our Websites and the purposes they perform are described below (please note that the specific cookies served may vary depending on the specific Online Properties you visit).

 

What types of cookies do we use and how do we use them?

The specific types of first- and third-party cookies served through our Websites and the purposes they perform. For a list of the cookies used by Hupla, see Privacy Policy. These cookies include:

• Essential website cookies: These cookies are strictly necessary to provide you with services available through our Websites.
• Performance and functionality cookies: These cookies are used to enhance the performance and functionality of our Websites but are non-essential to their use. However, without these cookies, certain functionality may become unavailable.
• Analytics and customisation cookies: These cookies collect information that is used either in aggregate form to help us understand how our Websites are being used or how effective our marketing campaigns are, or to help us customise our Websites for you.
• Advertising cookies: These cookies are used to make advertising messages more relevant to you. They perform functions like preventing the same ad from continuously reappearing, ensuring that ads are properly displayed for advertisers, and in some cases selecting advertisements that are based on your interests.
• Social networking cookies: These cookies are used to enable you to share pages and content that you find interesting on our Websites through third party social networking and other websites. These cookies may also be used for advertising purposes too.

How can I control cookies?

You have the right to decide whether to accept or reject cookies. You can exercise your cookie preferences by clicking on the appropriate opt-out links provided below.
You can set or amend your web browser controls to accept or refuse cookies. If you choose to reject cookies, you may still use our website though your access to some functionality and areas of our website may be restricted. As the means by which you can refuse cookies through your web browser controls vary from browser-to-browser, you should visit your browser's help menu for more information.

In addition, most advertising networks offer you a way to opt-out of targeted advertising. If you would like to find out more information, please visit http://www.aboutads.info/choices/ or http://www.youronlinechoices.com. You may opt-out by clicking here: http://preferences.truste.com/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served online advertising material. You will continue to receive generic advertisements.

Essential website cookies: Because these cookies are strictly necessary to deliver the Websites to you, you cannot refuse them. You can block or delete them by changing your browser settings, however, as described above.

What about other tracking technologies, like web beacons?

Cookies are not the only way to recognise or track visitors to a website. We employ a software technology called clear gifs or tracking pixels (a.k.a. Web Beacons/Web Bugs), that help us better manage the Website and the information research process by informing us what content is effective.

Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies, which are stored on a user's computer hard drive, clear gifs are embedded invisibly on Web pages or in emails and are about the size of the period at the end of this sentence.

We use clear gifs or pixels in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications and the effectiveness of our marketing campaigns. We tie the information gathered by clear gifs in emails to our customers' Personal Information.

Do you use Flash cookies or Local Shared Objects?

The Adobe Flash Player (and similar applications) use technology to remember settings, preferences and usage similar to browser cookies but these are managed through a different interface than the one provided by your Web browser. This technology creates locally stored objects that are often referred to as "Flash cookies." Hupla does not use Flash cookies.

Do you serve targeted advertising?

Third parties may serve cookies on your computer or mobile device to serve advertising through our Websites. These companies may use information about your visits to this and other websites in order to provide relevant advertisements about goods and services that you may be interested in.

They may also employ technology that is used to measure the effectiveness of advertisements. This can be accomplished by them using cookies or web beacons to collect information about your visits to this and other sites in order to provide relevant advertisements about goods and services of potential interest to you. The information collected through this process does not enable us or them to identify your name, contact details or other personally identifying details unless you choose to provide these.

How often will you update this Cookie Policy?

We may update this Cookie Policy from time to time in order to reflect, for example, changes to the cookies we use or for other operational, legal or regulatory reasons. Please therefore re-visit this Cookie Policy regularly to stay informed about our use of cookies and related technologies.

The date at the top of this Cookie Policy indicates when it was last updated.

 

Where can I get further information?

If you have any questions about our use of cookies or other technologies, please email us at privacy@Hupla.com.

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