Terms and Conditions

The www.wcbcf.co.za - ("Site") is made available by the Whale Coast Business and Community Forum Web ("Forum"). All content provided on or through this Site may be used only under the Terms and Conditions stated below.

USE OF THIS WEB SITE CONSTITUTES YOUR AGREEMENT TO THE TERMS AND CONDITIONS OF USE BY THE FORUM

When you access information provided on this Site, you acknowledge your agreement to these Terms and Conditions. References to "you" or "your" refer to you as an individual as well as in any representative capacity you may have.

WHALE COAST BUSINESS & COMMUNITY FORUM MEMBERSHIP RULES APRIL 2019

From here on the only state as “WCBCF”
“Board” – Meaning the board of directors of the WCBCF.

The WBCF has only one class of membership: All are VOTING MEMBERS
Individual membership fees and Business membership fees may differ, as determined from time to time by the Board and indicated on the application form.

Conditions of Membership

If you are granted membership by the Board, you will also have to meet the following requirements before you can become a registered member, and supply proof as and when requested, to the satisfaction of the Board.

1. that you are 18 or over;
2. that your Membership fee is paid in full;
3. that the information provided in your Application is truthful and accurate and complete;
4. To become a business member, you need to be a business owner.
5. To become an individual member, you will have to be a ratepayer / property owner.
6. Any of the above by a special approval by the Board.

Admission to the WCBCF is a matter within the complete and exclusive purview of the BOARD, read together with the MOI of the WCBCF and the following conditions:

1. The WCBCF has the right to select its members with sole discretion based on your application.
2. Membership in the WCBCF is not a legal right, but simply a privilege.
3. It is a privilege which may be accorded or withheld. It is not a right that can be gained independently and then enforced.
4. Hence, the courts cannot compel the admission of an individual into a WCBCF.
5. If the application for membership is refused, he/she is entirely without legal remedy no matter how arbitrary or unjust the exclusion.
6. Further, the right to be a member of the WCBCF is not conferred by any statute.
7. Further, it is not derivable, as in the case of an incorporated body. It is through the action and of assent of the Board members of the WCBCF that one becomes a member.
8. The WCBCF possesses the inherent power to prescribe qualifications regulating its membership and restrictions.
9. The WCBCF have the right to make and review their own rules regarding admission and exclusion of members and these rules become articles of agreement to which all who become members are party to.  Membership in the WCBCF is voluntary.
   An individual is free to apply for membership or resign from the WCBCF.
   Membership in the WCBCF can be terminated by resignation or withdrawal by the member.
   However, an individual’s resignation from the WCBCF is subject to financial obligations due to the WCBCF.
   The bylaws and membership application of the WCBCF constitute a contract between the organization and its members.
   A member of the WCBCF may resign by simple announcement of his intention to the Board do so and no acceptance of the resignation is required to give it effect.
10. Membership in the WCBCF ceases ipso facto because of one’s failure to pay his/her dues within the time prescribed by the rules of the organization, or within extension date if granted by notice, so as to relieve him from further liability for such dues.
11. Membership in the WCBCF ceases ipso facto because of one’s failure to pay his/her dues within the time prescribed by the rules of the organization, or within extension date if granted by notice, so as to relieve him from further liability for such dues.
    Membership rights also become limited if any membership payments are in arrears, and voting rights will cease.

12. Loss of membership ipso facto for failure to pay dues, a notice to the member is not necessary unless specially stated.

13. One who has been excluded from membership in the WCBCF may not recover damages for the exclusion, either from the organization itself or from its members as individuals.

14. In any case, involving the expulsion of a member from the WCBCF, the only function the courts may perform is to determine whether the WCBCF has acted within its powers in good faith, in accordance with its laws, and the law of the land.

15. The WCBCF has the right to withhold its services and the benefits of membership from anyone who refuses to comply with its reasonable rules and regulations.

16. The right of expulsion from the WCBCF may be based upon four grounds:
    - a violation of any of the established rules of the WCBCF as have been subscribed or assented to by the members which provide expulsion for such violation; and
    - for conduct that clearly violates the fundamental objectives of the WCBCF and if allowed to persist would thwart those objectives or bring the WCBCF into disrepute.
    - if the information provided in your Application was found to be not truthful, accurate and complete.
    - a member ceases to qualify for the requirements as set for new membership applications
    The decisions of the Board of the WCBCF with respect to its internal affairs will, in the absence of mistake, fraud, collusion or arbitrariness, be accepted by the courts as conclusive.
17. Moreover, the courts will not undertake to inquire into the regularity of the procedure adopted and pursued by such Board in reaching their conclusions.

Discrimination

Admission to the WCBCF is a matter entirely within the sole discretion of the Board of the WCBCF. The WCBCF has the power to enact rules governing the admission of members and to prescribe the necessary qualification for membership. However, discrimination towards race or gender is prohibited.

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Property Rights on the Site

Subject to these Terms and Conditions the Forum hereby grants to you, the right to access and use the Site for your own internal use. In your use of the Site, you agree not to remove any copyright or other notices contained therein. Except as expressly authorized herein, you may not use, copy, reproduce, transmit, translate, offer for sale, sell, display, perform, distribute, publish, broadcast, circulate, modify, create derivative works of, disseminate, or commercially exploit the Site without the written consent of the Chamber. You also agree not to use the Site for any unlawful purpose.

The Site is the property of the Forum and is protected by applicable copyright, patent, trademark or other intellectual property law. The Forum retains its title, ownership rights, and intellectual property rights in and to the Site. You agree to abide by any copyright notice or other restriction contained in any individual information, software, or other material accessible through the Site.

In the event you use the Site or the links included on the Site to gain access to an Internet site or Internet location or source of information, services, software, or goods of any company, organization, or person other than WCBCF website, or to any other Internet location, you acknowledge that such other sites or locations are not under the control of the Forum and agree that the Chamber shall not be responsible for any of the information, services, software, or goods or other links found at any such World Wide Web site or Internet location or source of information, services, software, or goods, or for your use of such information, services, software, or goods.

THE FORUM MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER THE CHAMBER'S CONTROL (INCLUDING, WITHOUT LIMITATION, WEBSITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS.

Property Rights in User Submitted Data

Data, information or other content uploaded directly to, or provided to the Forum by you to place on the Forum website ("User Submitted Data") shall be and remain your property (as between you and the Forum). All other information gathered or provided by the Forum (including, without limitation usage information and analysis based on User Submitted Data) shall be and remain the property of the Forum ("Site Use Data").

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE FORUM MAKES NO EXPRESS REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH SITE, DISCLAIMS ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT), DISCLAIMS RESPONSIBILITY FOR, AND ASSUMES NO LIABILITY REGARDING, ANY INFORMATION, SERVICES, SOFTWARE, OR GOODS AVAILABLE, ADVERTISED, SOLD, OR FOUND ON ANY OTHER WEB SITE NOT UNDER THE CHAMBER'S CONTROL (INCLUDING, WITHOUT LIMITATION, WEB SITES LINKED TO THE SITE) OR, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE QUALITY, SAFETY, ACCURACY, AVAILABILITY, DECENCY, OR SUITABILITY OF SUCH INFORMATION, SERVICES, SOFTWARE, OR GOODS

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE IS PROVIDED "AS IS." NEITHER THE FORUM NOR ANY OF ITS DIRECTORS, MEMBERS LICENSORS OR SUPPLIERS MAKE ANY WARRANTY, GUARANTEE OR REPRESENTATION OF ANY KIND (INCLUDING, WITHOUT LIMITATION, THAT ACCESS TO, OR USE OF, THE SITE WILL BE UNINTERRUPTED, ABSOLUTELY SECURE, COMPLETE, ACCURATE OR ERROR FREE). IN ADDITION, THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION ITSELF IS NOT WARRANTED OR GUARANTEED. YOUR USE OF THE SERVICES AND THE INFORMATION ACCESSED ON OR THROUGH THE SITE IS ENTIRELY AT YOUR OWN RISK.