Continuous Amendments to Thari Ya Baruti Membership Terms and Conditions

29 11.1.1 the Master Regulations and the Enhanced Benefits Regulations contain certain provisions that limit or exclude obligations, liabilities and legal responsibilities that the Trust and other persons may otherwise have had towards you as a Member; 11.1.2 the Master Regulations and Enhanced Benefits Regulations contain certain provisions that impose an obligation on you as a Member to take on risk, legal responsibility and liability; and 11.1.3 by concluding a Membership, you agree to hold the trustees of the Trust harmless against claims, loss, damages, and harm that may be suffered by the Trust and other persons or entities to the extent set out in the Trust Deed. 11.2 If any part of the terms and conditions contained in the Membership Book is regulated by or subject to the Consumer Protection Act, 68 of 2008 (" CPA "), and if such terms and conditions do not comply with the CPA, it should be noted that it is not intended that any part of these terms and conditions contravene any provision of the CPA. Therefore, all provisions of these terms and conditions must be treated as being qualified, to the extent necessary, to ensure that the provisions of the CPA are complied with. 11.3 No provision of the terms and conditions contained in the Membership Book: 11.3.1 does or purports to limit or exempt the Trust or any other person or entity from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or willful default or that of any other person acting for or controlled by the Trust) to the extent that the law does not allow such a limitation or exemption; 11.3.2 requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or 11.3.3 limits or excludes any warranties or obligations which are implied into the terms and conditions by the CPA (to the extent they are applicable) or which the Trust give under the CPA (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded.