Pukwana ya Kganya Terms & Conditions
26 1.1.13. “Pukwana ya Kganya Contract” means the Pukwana ya Kganya Contract made available to a Member pursuant to Membership to the Trust. The Pukwana ya Kganya Contract is an insurance contract between the Member (in his/her capacity as policyholder) and the Insurer, procured by the Trust for a Member in terms of the Trust Deed, read with these Basic Benefits Regulations. The Pukwana ya Kganya Contract, in respect of the Basic Benefits, comprises the following policies: 1.1.13.1 a Funeral Policy; and 1.1.13.2 a Dread Disease and Personal Accident Policy; 1.1.14. “Roadside Assistance Benefits” means the Basic Ancillary Benefit as set out in regulation 6.3.2; and 1.1.15. “Zion City” means Zion City Moria, Limpopo Province, South Africa. 1.2. The following definitions shall bear the meaning as set out in the Master Regulations: “Administrator”, “Church Branch”, “Church Official”, “Claim”, “Consumer Protection Act”, “Continuation Payment Receipt Booklet”, “Date of Payment”, “Insurer”, “Insurance Act”, “Member”, “Membership”, “Membership Book”, “Membership Contribution”, “Membership Terms and Conditions Booklet”, “Month”, “Payment Receipt Booklet”, “Replacement Payment Receipt Booklet”, “Pay Point”, “Trust”, “Trust Deed” and “ZCC”. 2. Introduction 2.1. These Basic Benefits Regulations - 2.1.1. are issued in accordance with the specific requirements of the Trust Deed, read with the Master Regulations; and 2.1.2. regulate the Basic Benefits procured and/or provided by the Trust to a Member, provided that such Member - 2.1.2.1. qualifies as a Member in terms of the Master Regulations; 2.1.2.2. pays his/her Membership Contributions as provided for in the Master Regulations; and 2.1.2.3. qualifies as a Member in Good Standing for purposes of the Basic Ancillary Benefits in terms of these Basic Benefits Regulations. 2.2. These regulations are titled ‘ Basic Benefits Regulations ’ as envisaged in Annexe B.5 of the Master Regulations. 3. Important Provisions 3.1. To the extent that the Consumer Protection Act applies to these Basic Benefits Regulations, the Trust has a duty to point out certain important provisions in these Basic Benefits Regulations. The clauses which contain these important provisions and reasons why they are important are set out below. 3.1.1. Limitation of risk, legal responsibilities and liability 3.1.1.1. Regulation 6.3.2.2.6, regulation 6.3.3.4.2, regulation 6.3.3.5.4 and regulation 6.3.4.2.4 are important because they limit and exclude obligations, liabilities and legal responsibilities that the Trust and other persons or entities may otherwise have to a Member. 3.1.1.2. As a result of these clauses, a Member’s rights and/or remedies against the Trust and these other persons and entities are limited and excluded. These clauses also limit and exclude a Member’s right to recover or make claims for losses, damages, liability or harm a Member or others may suffer. 3.1.2. Assumptions of risk, legal responsibilities and liabilities of and by a Member 3.1.2.1. Regulation 6.2.3, regulation 6.3.2.2.5, regulation 6.3.3.5.4, regulation 6.3.4.2.4 and regulation 6.3.4.4.6 are important because a Member takes on risk, legal responsibilities and liability. 3.1.2.2. As a result of these clauses, a Member may also be responsible for claims and other amounts. 3.1.2.3. A Member will also be responsible for, and accepts, various risks, damages, harm, and injury which may be suffered by a Member and others for what is stated in these clauses. 4. Commencement 4.1. These Basic Benefits Regulations commence with effect from the Commencement Date and shall endure until terminated by the Trust in accordance with the Master Regulations. 4.2. These Basic Benefits Regulations replace in totality all regulations previously issued by the Trust dealing with the same matters as set out herein, with effect from the Commencement Date. 5. The Master Regulations These Basic Benefits Regulations must at all times be read with the Master Regulations, and all terms and conditions set out in the Master Regulations apply to the Basic Benefits and these Basic Benefits Regulations. 6. Basic Benefits 6.1. General 6.1.1. The Trust shall procure and/or provide the Basic Benefits as set out in these Basic Benefits Regulations for all Members who - 6.1.1.1. satisfy the requirements for Membership as set out in the Master Regulations; 6.1.1.2. have paid their Membership Contributions to the Trust as set out in the Master Regulations; and 6.1.1.3. qualify as Members in Good Standing for purposes of the Basic Ancillary Benefits, subject to the terms and conditions of these Basic Benefits Regulations. 6.1.2. The Trust shall use its best endeavours to ensure that the Basic Benefits provided and/or procured in terms of these Basic Benefits Regulations meet the following principles: 6.1.2.1. non-discriminatory practices; 6.1.2.2. appropriate and affordably priced products and services; and 6.1.2.3. structuring and describing the Basic Benefits in a simple and easy to understand manner. 6.2. The Basic Benefits 6.2.1. The Trust shall procure and/or provide the following Basic Benefits to the Members, subject to regulation 6.1.1 above, read with the Master Regulations: 6.2.1.1. access to the Pukwana ya Kganya Contract for the provision of - 6.2.1.1.1. insurance cover and funeral (burial) benefits in terms of a Funeral Policy; and
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