Terms of Use



TERMS AND CONDITIONS OF USE OF THIS WEBSITE



Legal Notices
Last Reviewed June 2016

  1. INTRODUCTION
    1. These Terms of use set out the legally binding contract between LEISURE PORTFOLIO MANAGEMENT ASSOCIATION (herein after referred to as “Company” or “We” or “LPA”) and each person who makes use of this website for any purpose whatsoever (hereinafter referred to as “You” or “Your” or “Member”).
    2. The Company provides this website to assist You in relation to Your membership of LPA and further merely facilitates the use of all services provided by the various service providers.
  2. RELATIONSHIP BETWEEN THE COMPANY, ITS AFFILIATED COMPANIES AND SERVICE PROVIDERS
    1. The Company and any developer, marketer, seller, trustee, owners association, management and employees of Resorts, any affiliated company, exchange agencies, rental agencies, re-sale agencies or any other business or entities found to be exhibited on the Website are separate and distinct businesses and/or entities from the Company.
    2. The Company makes no promise or representation about any of the above mentioned entities and businesses. Member and Users must make their own enquiries and satisfy themselves on such matters.
  3. ACCEPTANCE
    1. Your use of this website is subject to acceptance without modification of the terms and conditions including notices published on this website (hereinafter referred to as “Terms”) and which by use of this website constitutes Your agreement to all such Terms.
    2. The Company reserves the right, in its discretion to modify, alter or update these Terms at any time. Any modification, alteration or updates shall be effective immediately upon being uploaded and/or posted as the case may be.
    3. By using this website after the Company has posted notices of such modification, alterations or updates You agree to be bound by such revised Terms.
  4. METHODS OF PAYMENT
    1. A Member should quote his/her Membership number on all bank transfers (including debit or credit card payments) made payable to the Company to avoid errors and undue delays. The Company is not responsible for incorrect reference numbers inputted by Members
    2. Any bank charges in respect of payments or refunds from the Company are for the Member’s account.
  5. COMMUNICATING WITH YOU
    1. By becoming a Member or User of the Company You are deemed to have consented to the Company inputting Your personal information as described in the Privacy Policy into the database and any system of the Company and further any system or database of the various service providers.
    2. A User may not give the Company personal information about someone else without first obtaining his or her consent for it to be used and disclosed to the Company in this way and should You not obtain such consent You shall be held personally liable and indemnify the Company in respect of any damage or loss occasioned by not obtaining such consent.
  6. NO OFFER
    1. Nothing on this 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 a Member and User in relation to the use of the Website.
    2. All services offered by the Company and its affiliated companies and service providers are subject to completion of application form and other documentation required to process any application or service and are governed by these relevant terms and conditions and the terms and conditions of the relevant service providers.
    3. If You enter into a contract with a third party who is named or referred to on this Website, it is Your responsibility to ensure that You are comfortable with the terms and conditions of that contract.
  7. NO ADVICE
    1. The Website content is not suitable for any particular purpose whatsoever, other than as a general reference and facilitation mechanism as mentioned in clause 1.2 above, and We may not have necessarily disclosed all risks relating to the Website content or its subject matter.
    2. 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 described on this Website is suitable or appropriate for You.
  8. ERRORS
    1. The Company shall take all reasonable efforts to accurately indicate prices in relation to the various service providers' products and services. However, should products be erroneously offered at incorrect prices, the Company will not be obliged to sell products at such incorrect prices and/or delivery charges, but shall refund monies paid by You should You not wish to proceed with the purchase at the correct price.
  9. WARRANTIES
    1. You warrant that You:
      1. are at least 18 years of age;
      2. are a current Member of Leisure Portfolio Association, if applicable;
      3. possess the legal authority/mandate to agree to these Terms.
    2. You agree and warrant that You are financially responsible for all Your use of this website (as well as for use of Your account by other, including without limitation minors to whom You have given consent).
    3. You agree to supervise all usage of this website under Your name and/or account.
    4. You warrant that any credit or debit card or electronic transfer of funds, which ever method is used to conduct on-line transactions is Your own and that there are sufficient funds in Your account made use of to cover the costs of any services, fees or products purchased by You.
    5. If there are any changes to the details supplied on any credit or debit card, it is Your responsibility to inform LPA as soon as possible.
  10. CONTENT DISCLAIMER
    1. This Website is intended to provide general information regarding the Company and service provider products and services including information about our affiliates, their products and services, which may be of interest to You. It is not intended to provide exhaustive treatment of any subject dealt with.
    2. The information on this Website including all research, opinions or any other content is not intended to and does not constitute professional advice or services. Before making any decision or taking any action which might affect Your personal finances, or business You should take appropriate advice from suitably qualified persons.
  11. LIABILITY AND INDEMNIFICATION
    1. As the Company is not responsible for and does not own or operate any affiliated companies or service providers, We cannot accept liability for any act or omission on the part of any affiliated companies or service providers.
    2. You agree to indemnify, defend and hold harmless LPA, its associates or partners, services providers, any officers, directors, employees, affiliated or related entities and agents against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by You of these Terms.
  12. VALUE ADDED TAX
    1. Value added tax at the rate of 14% is charged on goods and services bought by South African residents.
  13. VARIATIONS
    1. These Terms and Conditions of Membership and use may be changed by the Company at its sole discretion from time to time. A Member will be notified of any such changes by publication on the Website and be required to accept such changes prior to making use of the Website and Your Membership.
    2. The fees and prices charged by the Company 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.
  14. VOUCHERS & COUPONS
    1. Vouchers and Coupons can only be redeemed –
      1. While they are valid, their expiry dates being unable to be extended;
      2. On the Website towards the purchase of the services they are issued for.
  15. AFFILIATED COMPANIES AND SERVICE PROVIDERS
    1. Should a Member or User make use of any of the products or services offered by any affiliated company or service providers and any services offered by them, the Member shall abide by each separate entities terms and conditions should he wish to make use of the services and products offered by them.
  16. LINKS TO OTHER WEBSITES AND SERVICES
    1. The 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.
  17. COPYRIGHT
    1. The Company expressly reserves all copyright in its Website and in all writings, reviews, photographs, videos, slides, paintings, drawings, graphics, designs, documents and information on the Website.
    2. You are not permitted to use any trademarks, trade names or any of the above-mentioned that are contained on the Website.
    3. Should You breach any of the above then the Company reserves the right to take legal action against You.
  18. EXCLUSION OF COMPETITORS:
    1. The Company expressly excludes and does not permit competitors of the Company to use or access its Website, to download any documents or information from this Website or obtain any such information through a third party. If You breach this Terms and Conditions the Company shall hold You fully responsible and liable for any loss that the Company might sustain and further holds You accountable for all profits that You might make from such unpermitted and improper use.
    2. The Company reserves the right to exclude and not permit any person from using its Website or any of the information contained on it.
  19. BREACH
    1. Should You breach any of these Terms the Company is in its sole discretion is allowed to terminate or suspend the Your membership or block any user from using the Website with immediate effect.
    2. Should You or a User be found to have abused any services offered on the Website, the Company in its sole discretion allowed to terminate or suspend the Your membership or block any User from using the Website with immediate effect.
  20. DISPUTES
    1. These terms and conditions shall be governed by South African law and are within the sole Jurisdiction of the South African Courts.
  21. SEVERABILITY
    1. If any part of these Terms and Conditions is 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.
  22. ENTIRE AGREEMENT
    1. The provisions of these Terms represent the entire agreement between LPA and You and no amendments of these Terms shall be binding on any of the parties unless such alterations, modifications or updates are published in terms of 3.2 and 3.3 above.
    2. All rights not expressly granted in terms of these Terms are reserved by LPA.