TERMS AND CONDITIONS FOR AN ASSOCIATE MEMBER OF THE ASSOCIATION
INTRODUCTION
These Terms of Membership and use set out the legally binding contract between Leisure Portfolio Association (herein after referred to as “Association” or “We”) and each person who will become an Associate Member (herein after referred to as “you” or “your” or “Member”) of the Association.
MEMBERSHIP
To become a Member, you must:
be at least 18 (eighteen) years of age;
pay the applicable annual associate fee per week owned; and
have an approved time-sharing interest; and
have your membership application accepted by the Association (thereafter you shall be an “Associate Member” subject to clause 2.2).
The Association reserves the right to decline any application for Membership in its sole discretion.
Your membership is subject to these terms and conditions and commences on the day of the month on which your membership is approved, subject to any fee been paid in full.
Your Membership of the Association is personal to you and you cannot transfer it or sell it.
A Member shall cease to be a Member on the happening of any of the following:
A Member cancels his/her Membership;
If the Membership fee is not paid in full;
The Association cancels a person’s Membership for any valid reason in terms of this agreement.
ASSOCIATION GOVERNING DOCUMENTS, RULES AND PROCEDURES
Membership shall be subject to You as Member agreeing to abide by the governing documents of the Association, including any rules and procedures adopted at any given time.
METHODS OF PAYMENT
Member shall make payment in terms of an approved payment method.
Any bank charges in respect of payments or refunds from the Association are for the Member’s account.
DISPUTES
These terms and conditions shall be governed by South African law is within the sole Jurisdiction of the South African Courts.
COMMUNICATING WITH YOU
By becoming an Member you are deemed to have consented to the Association inputting your personal information as described in the Privacy Policy of the Association into the database and any system of the Association or its agents and further any system or database of the various service providers, which shall be required when using your membership.
NO OFFER
Nothing on the Website is intended to be nor should it be construed as an offer to enter into a contractual relationship between a Member and User or anyone else, except for these Terms and Conditions which govern the relationship between the Association and a Member/User.
All services and products facilitated by the Association and its affiliated companies and service providers are subject to completion of an application form and other documentation required to process any application or service and is governed by these relevant terms and conditions and the terms and conditions of the relevant service providers.
If you enter into an agreement or arrangement with a third party who is named or referred to on the Website, it is your responsibility to ensure that you understand and agree with the terms and conditions of that agreement or arrangement.
NO ADVICE
The Website content is not specifically aimed at any particular purpose whatsoever, other than as a general reference and as a facilitation mechanism to help provide services, products or documents as selected by the Member.
The fact that We have made the Website content available to you is neither a recommendation that you enter into a particular transaction nor a representation that any service, product or document described on this Website is suitable or appropriate for your circumstances and you should ensure the services and product you select are suitable for your specific circumstances.
ERRORS
The Association shall take all reasonable efforts to ensure accuracy of the disclosures and information contained on the website and in the event of any discrepancies we will deal with the matter in terms of our refund policy applicable from time to time.
LIABILITY AND INDEMNITY
As the Association does not own or operate any of the service providers reflected on this website, We cannot accept liability for any act or omission on behalf of the service providers.
A User may not give the Association personal information about someone else without first obtaining his or her consent for it to be used and disclosed to the Association in this way and should you not obtain such consent you shall be held personally liable and indemnify the Association in respect of any damage or loss occasioned by not obtaining such consent.
Any Member who acts on behalf of a juristic person confirms that he has obtained the necessary authority to do so and the Association reserves the right to request such authority should it deem it necessary.
Should a Member abuse his membership or in any manner attempt to use, allocate, book, lease, spacebank, exchange, a week that has already been allocated to the Association and/or service providers or attempt any other abuse of this membership (which shall be determined by the Association with due consideration of the circumstances) the Member hereby consents to be liable and pay on demand all expenses, costs and fees in procuring alternative arrangements for any person that may have suffered damages resulting from the member’s abuse.
VALUE ADDED TAX
Value added tax at the rate of 14% is charged on goods and services bought by South African residents.
VARIATIONS
These Terms and Conditions of Membership and use may be amended by the Association at its sole discretion from time to time. All transaction will be subject to the then rules applicable when making use of the Website and your Membership.
The fees and prices charged by the Association or affiliated companies or service providers are subject to regular review and any fee/price changes resulting from this review will take effect immediately without prior notice.
VOUCHERS & COUPONS
Vouchers and Coupons can only be redeemed in terms of the then applicable rules and conditions of such voucher and coupon.
LINKS TO OTHER WEBSITES AND SERVICES
The Association Website contains links to other website, which are not under our control. The links to other sites are for your convenience and We do not accept any responsibility or liability for enabling you to link to any other website, for the contents of any other website, for the security of any other website, or for any consequence of your acting upon the contents of such website.
COPYRIGHT
The Association expressly reserves all copyright in its Website and in all writings, reviews, photographs, videos, slides, paintings, drawings, graphics, designs, documents and information portrayed on the Website.
You are not permitted to use any trademarks, trade names or any of the above-mentioned that are contained on the Website.
Should you breach any of the above then the Association reserves the right to take legal action against you.
BREACH
Should a Member or User breach any of these Terms and Conditions the Association is in its sole discretion allowed to terminate or suspend the Member’s Membership or block any user from using the Website with immediate effect.
Should a Member or User be found to have abused any services offered on the Website, the Association in its sole discretion allowed to terminate or suspend the Members Membership or block any User from using the Website with immediate effect.
LEGAL FEES
Should the Association take legal action against the Member in respect of these terms and conditions, the Member shall be responsible for payment of all legal costs on a scale as between attorney and own client, including all reasonable tracing fees and any legal advice or opinions and all pre-commencement legal fees prior to instituting legal proceedings.
SEVERABILITY
If any part of these Terms and Conditions are found by any court or other competent authority to be invalid, unlawful or unenforceable then such part shall be severed from the rest of the Terms and Conditions which shall continue to be valid and enforceable to the fullest extent permitted by law.
