Pukwana ya Kganya Terms & Conditions

18 17.4. The Trust shall in such instance repay the initial Membership Contribution and the Membership Book Purchase Price to the Member and such former Member shall not have – 17.4.1. any Claim and/or entitlement to the Benefits in terms of the Trust Deed, these Master Regulations and/or the Regulations; and 17.4.2. any claim or entitlement to the insurance cover and benefits in terms of the Insurance Contracts. 18. General provisions applicable to the Master Regulations and all other Regulations 18.1. Interpretation 18.1.1. Unless the context requires otherwise - 18.1.1.1. words imparting one gender shall include any other gender; 18.1.1.2. the singular shall include the plural and vice versa ; 18.1.1.3. a reference to a natural person shall include created entities (incorporated or unincorporated) and vice versa . 18.1.2. The headings have been inserted for convenience only and shall not be used for nor assist nor affect interpretation of these Master Regulations. 18.1.3. The failure to enforce any provision shall not constitute a waiver of such provision or affect in any way the right to require performance of any such provision at any time in the future. 18.2. Consumer Protection Act 18.3. If any part of the Master Regulations and/or the Regulations are regulated by or subject to the Consumer Protection Act, it is not intended that any part of the Master Regulations and/or the Regulations contravene any provision of the Consumer Protection Act. Therefore, all provisions of the Master Regulations and/or the Regulations must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with. 18.4. No provision of the Master Regulations and/or the Regulations: 18.4.1. 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 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; 18.4.2. requires a Member 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 18.4.3. limits or excludes any warranties or obligations which are implied into the Master Regulations and/or the Regulations by the Consumer Protection Act (to the extent they are applicable), or which the Trust gives under the Consumer Protection Act (to the extent they are applicable), to the extent that the law does not allow them to be limited or excluded. 18.5. Delegation and cession 18.5.1. The Trust shall be entitled to appoint the Administrator to perform administration services in relation to services to be performed in order to give effect to the Regulations. 18.5.2. The Member may not cede any rights or delegate any rights and/or obligations set out in the Master Regulations and/or the Regulations. 18.6. Limitation of liability 18.6.1. The Trust’s liability shall be limited to the Benefits as set out in these Master Regulations and the Regulations. 18.6.2. The Trust’s liability to procure and/or provide the Benefits, shall at all times be limited to providing such Benefits to a Member– 18.6.2.1. who meets the requirements of regulation 6; 18.6.2.2. who has paid the Membership Contribution; and 18.6.2.3. who is in good standing in respect of the Basic Ancillary Benefits and the Enhanced Ancillary Benefits as determined in the Regulations. 18.6.3. The Trust is not in any manner liable for the insurance benefits provided in terms of the Insurance Contracts and the Trust’s only obligation and liability in terms of such Insurance Contracts is to - 18.6.3.1. procure access to – 18.6.3.1.1. the Pukwana ya Kganya Contract, for Members other than Church Officials who are Members; and 18.6.3.1.2. the Thari ya Baruti Pukwana ya Kganya Contract, for Church Officials who are Members, from the Insurer; and 18.6.3.2. pay the Monthly premiums due in terms of the Pukwana ya Kganya Contract and the Thari ya Baruti Pukwana ya Kganya Contract to the Insurer in respect of Members who have paid their Membership Contribution to the Trust, subject at all times to regulation 7.4.4 above 18.6.4. A person shall not have a claim or right of action arising from any undertaking, representation or warranty not included in these Master Regulations and/ or the Regulations.