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TERMS & CONDITIONS

CLUB MOOLIA MEMBERSHIP AGREEMENT

This Membership Agreement (“Agreement”) is between Club Moolia Pty Ltd (the "Club") and the Member.  This agreement will govern the use of the Club by the Member and guests of the Member. The terms and conditions set forth below constitute the agreement (the “Agreement”) between the Club and the Member for participation in the Club (as such terms are defined below). By using this Site and the Services, users agree to be bound by these Terms where applicable. Unless otherwise indicated, all currency references herein shall be in Australian Dollars.

The Club may amend the Terms at any time in its sole discretion by posting a revised version of the Terms. Unless stated otherwise, access to or continued use of the website after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If we make any material change to these Terms, we will notify users by posting a notice on our Site, through the Services, or by other means we deem appropriate.

1.  THE CLUB

Club Moolia is a private members-only club. The Club provides its members with access to a driving circuit, a driving range, a lagoon, sports facilities, club lounges, and private suites. Members will also have exclusive access to a range of Club Moolia lifestyle benefits, including but not limited to exclusive events and exclusive discounts with luxury partners. Members may access their privileges and benefits through the Club Moolia app or the Club Moolia website.

For as long as the Member maintains its account in good standing, Member will have the right to participate in the Club pursuant to the terms and conditions set forth herein. Member must designate to the Club, in writing, any other person authorized to use the Membership Account to make facility bookings or reservations or receive information about the Member’s account.

2.  MEMBERSHIP

There are 3 categories of membership: the Celebrity, Prodigy, and Conglomerate Membership. Membership shall be open to all persons who are twenty-one (21) years of age and above. The Membership term shall be for a period of 30 years. The membership shall not be transferable within three years from the soft opening date, which shall be determined by the Club. The transfer fee will be $2,400, $4,000 and $8,000 for the Celebrity, Prodigy, and Conglomerate membership for each transfer and all transfers shall be subject to the approval to the Club.

3.  MEMBERSHIP ACCOUNT

Upon becoming a member, the Club shall create a Membership Account in the name of the Member. The Club will charge all costs and charges for related services incurred by Member to the Member’s Membership Account. All such costs shall be paid as set forth in Clause 11. In order to access certain ‘members only’ areas of the Website, the Member needs to register and provide personal information including first and last name, phone number, and a valid email address. The Member must provide accurate and complete information and to keep this information current. Information is stored securely in accordance with the Club’s Privacy Policy. The Member is solely responsible for the activity that occurs on the account, and must keep the account password secure. If the Member suspects any unauthorised use of the account, the Member should notify the Club immediately. The Club shall not be liable for any unauthorised use of the Member’s account.

4.  MEMBERSHIP FEES

Member hereby agrees to pay an initial one-time fee (the “Initiation Fee”) upon the execution of this Agreement. The initial deposit of $2,000 will be processed through Stripe on the Member’s behalf. The Member’s application will be considered by the Club’s admission panel upon receipt of the initial deposit. If the application is not approved by the panel or if the Member changes his mind for any reason within 30 days, the deposit will be fully refunded. The Club has the right to refund the initial deposit at any time, to any member, prior to the collection of the remaining balance and all rights and benefits associated with the membership shall cease upon the refund of the deposit to the said member. The remaining balance shall be due within seven (7) days from the Club’s notification of the soft opening date or the Deposit shall be forfeited. 

In addition to the Initiation Fee, for so long as the Member elects to participate in the Club, the Member agrees to pay an annual fee on each yearly anniversary of the date Member joins the Club provided that there shall be no annual fees prior to the soft opening date of the Club. The annual fees for the first year after the soft opening date shall be due at the end of the first membership year. The annual fees for the second and third year of membership shall be the same amount as the first year and subject to adjustments thereafter. Neither the Initiation Fee nor the Annual Fees paid by the Member shall be refundable. The Member’s participation in the Club shall automatically be renewed and extended for successive one-year periods unless Club Moolia or the Member gives written notice to the other of its intention to terminate Member’s participation in the Club not later than ninety (90) days prior to the expiration of the membership year then in effect.

5.  OPERATING HOURS

The Club shall be the sole authority to determine the hours of operation and the Facilities, and shall be entitled to shut down parts of the Club and/or Facilities during inclement weather, for maintenance, repair, and for any other purposes, as the Club deems appropriate. The standard operating hours of the Club are from 10am to 10pm daily. 

6.  DRESS CODE

Members, spouses, children, guests, and visitors to the Club shall dress in an appropriate manner reasonably acceptable to the membership of the Club. Guests must remain fully clothed at all times in the common areas of the Club, except when in swimming attire while using the lagoon facilities. The Club reserves the right to determine if a Member’s attire is appropriate and if not, the Club may ask any person to leave the Club premises.

7.  MEMBERS PRIVILEGE

The Membership privileges are non-transferable for all membership types. The Club has the right to limit the number of personnel in each facility at any time to ensure privacy and comfort for all members and guests. All privileges that are provided to Members, including the use of the Club's facilities, are subject to changes by the Club's management at any time. 

8.  GUESTS

Different membership categories are permitted to have a number of guests into the Club. The Celebrity Membership includes three additional guests, Prodigy Membership includes four additional guests, and Conglomerate Membership includes 12 additional guests. Any additional guests will be charged at $100 per guest for Celebrity membership, $80 per guest for Prodigy membership, and $60 per guest for Conglomerate membership, and admission shall be at the discretion of the Club, depending on prevailing occupancies at the time of entry. Guests may be introduced more than once a month for the purpose of using the food and beverage facilities and other approved social functions subject to them being charged applicable guest’s fees. Guests shall register at the Club’s Front Desk before using any of the Facilities.

9.  IMMEDIATE FAMILY

The unmarried children below eighteen (18) years of age and the Member’s legal spouse shall be entitled to use the facilities of the Club when the Member is present, subject to the terms and conditions of the Club and provided they are registered with the Club.

10. CANCELLATION OR CHANGES

Club Moolia reserves the right to assess a fee of up to 100% of the booked facility charge if a cancellation occurs or a change is made to a confirmed itinerary without giving notice of at least 24 hours.

11. INVOICING AND PAYMENTS

Club Moolia will make available payment invoices to Members as soon as possible. Payments must be made before the facilities can be used. In the event that additional costs associated with service or extraordinary items are not available at the time of initial Invoice, these items will be subsequently invoiced to Member.

Member shall be responsible to make payment of all invoiced expenses no later than 5 business days after receiving an invoice. If for any reason the credit card cannot be charged or the payment is not accepted, payment in full will be required and additional late fees, interest, or service fees may be incurred and due. Failure to pay in a timely manner as provided for herein may result in the revocation or suspension of membership and privileges at the sole discretion of the Club with no further obligation to the Member. The Club shall have the right to suspend membership privileges and terminate the Membership, and all amounts paid shall be forfeited as liquidated damages. The Club reserves the right to assess a 10% finance charge on invoices that are 30 days past due. Additionally, the Club reserves the right to pass along any legal fees associated with the collection of past due accounts, even after membership termination. The Club may, at its discretion, reinstate such member after he has placed his account in due credit.

12. PURCHASES

Purchases made by the Member are made under specific terms and conditions in this agreement. Promotion of offers on the website does not constitute a legally binding offer, but rather, an invitation to treat. The Club reserves the right to accept or reject any purchases for any reason (or no reason) at any time after that purchase has been made, including, but not limited to, the unavailability of any product or service or an error in the price or product or service description. If the Club cancels a purchase, a full refund of any payment received shall be made. Once placed, you cannot cancel your order except as set out in this agreement. The Club reserves the right to terminate membership accounts for any abuse of the refund policies. Prices of products and services are current at the time of display and are subject to changes at any time.

13. ADDITIONAL CHARGES

Additional charges will apply for the use of the following facilities beyond the allocated quota:

a.  TRACK USAGE CHARGES

Members will be allocated race credits depending on the membership tier. Celebrity members will receive 20 peak and 20 off-peak credits, Prodigy members will receive 40 peak and 40 off-peak credits, and Conglomerate members will receive 60 peak and 60 off-peak credits annually. The maximum number of hours that can be reserved is 2 hours for Celebrity membership, 4 hours for Prodigy membership, and 6 hours for Conglomerate membership. Preapproval is required for guest drivers. Supplemental race fees will be charged for members who wish to purchase additional hours of racing. The off-peak fees per hour are $350 for Celebrity memberships, $325 for Prodigy memberships, and $300 for Conglomerate memberships. The peak fees per hour are $450 for Celebrity memberships, $425 for Prodigy memberships, and $400 for Conglomerate memberships. All bookings are made on a first-come-first-served basis. Cancellation and no-show policy as stipulated in Clause 10 applies. Usage charges shall apply for car rentals, depending on the make and model of the car.

b.  PRIVATE SUITE CHARGES

The club allows for up to eight guests per overnight room booking. Any guests above the limit will be subjected to the additional guest fees as stipulated in Clause 8. The published rates for the overnight room for off-peak periods are $200 for Celebrity memberships, $175 for Prodigy memberships, and $150 for Conglomerate memberships. The published rates for the day room for peak periods are $350 for Celebrity memberships, $325 for Prodigy memberships, and $300 for Conglomerate memberships. Off-peak credits of 1 night, 2 nights, and 3 nights will be credited to Celebrity, Prodigy, and Conglomerate members annually. Peak credits of 1 night, 2 nights, and 3 nights will be credited to Celebrity, Prodigy, and Conglomerate members annually. All bookings are made on a first-come-first-served basis. Cancellation and no-show policy as stipulated in Clause 10 applies.

c.  DRIVING RANGE CHARGES

Members are allowed to make reservations for a maximum of 2 hours for Celebrity members, 3 hours for Prodigy members, and 4 hours for Conglomerate members. Members are credited with 25 peak hours, 50 peak hours, and 75 peak hours credits for Celebrity, Prodigy, and Conglomerate membership. Members are credited with 25 off-peak hours, 50 off-peak hours, and 75 off-peak hour credits for Celebrity, Prodigy, and Conglomerate membership. The supplemental race fees for off-peak periods are $48 for Celebrity memberships, $44 for Prodigy memberships, and $40 for Conglomerate memberships. The supplemental race fees for peak periods are $58 for Celebrity memberships, $54 for Prodigy memberships, and $50 for Conglomerate memberships. All bookings are made on a first-come-first-served basis. Cancellation and no-show policy as stipulated in Clause 10 applies.

d.  SPORTS FACILITY CHARGES

Members will be credited with 25 peak hour credits, 50 peak hour credits, and 75 peak hour credits for the Celebrity, Prodigy, and Conglomerate memberships. Members will be credited with 25 off-peak hour credits, 50 off-peak hour credits, and 75 off-peak hour credits for the Celebrity, Prodigy, and Conglomerate memberships.  Celebrity, Prodigy, and Conglomerate members are allowed to reserve for a maximum of 2 hours, 3 hours, and 4 hours at any time respectively. The supplemental race fees for off-peak periods are $24 for Celebrity memberships, $20 for Prodigy memberships, and $16 for Conglomerate memberships. The supplemental race fees for peak periods are $28 for Celebrity memberships, $24 for Prodigy memberships, and $20 for Conglomerate memberships. All bookings are made on a first-come-first-served basis. Cancellation and no-show policy as stipulated in Clause 10 applies.

e.  LAGOON CHARGES

All membership classes will have unlimited off-peak and peak access. Additional charges apply for food & beverage, rental of equipment, and rental of motorized equipment.

14. FACILITIES BOOKING

Member shall arrange for the booking of services through the app, website, or customer service hotline at the Club, including (a) arrangements for recreation road, driving range, lagoon and waterpark, indoor and outdoor facilities, and other facilities on-site and (b) actions necessary for the booking of services with the Club’s partners.

 

To make a booking request, Member may use the app, website, call or email the Club’s dedicated Member Services Representatives 24 hours a day, 7 days a week, 365 days a year at +61 (08) 6102 8684 or hello@clubmoolia.com. The Club reserves the right to not accept any booking request from Member if the Member has an unpaid balance in the Member Account. Members shall be subject to terms and conditions not materially inconsistent with those stated herein.

15. CATERING

No outside food and beverages are allowed in the Club. The operating hours of each food and beverage establishment shall be determined by the Club from time to time.

16. PETS

Members are allowed to bring in personal pets in the outdoor areas of the Club and the Private Suites. Guide dogs are welcome. Members are responsible for all activities of their pets during their stay at the Club and any liabilities related thereto. All pets are limited to a size not exceeding 10 kg and should not cause excessive nuisance or inconvenience to other members of the Club. Personal pets shall be leashed at all times in public. There will be a cleaning fee of $200 charged for any breach of this policy. 

17. RESTRICTION OF PRIVILEGES

The Club may in its absolute discretion restrict the privileges of any Member in respect of any facility access, if it appears to the Club that the facility is congested or if any of the terms and conditions in this membership agreement is not adhered to.

18. SMOKING

There will be no smoking at the Club, except for designated points as provided for by the Club. There will be a cleaning fee of $200 charged for any breach of this policy.

19. LAGOON

There will not be any lifeguard on duty at the lagoon and Members and guests shall swim or use the lagoon at their own risk. Persons suffering from infections or contagious diseases are prohibited from using the lagoon. Members are not permitted to bring food or drinks to the lagoon other than those purchased at the Club premises. No glass bottles, wine glasses, and/or drink containers made of glass are allowed in the lagoon.  

20. PARTNERSHIP OFFERS, EVENTS AND OTHER BENEFITS

Club Moolia members are provided or offered event tickets at discounted rates, exclusive rates with top tier hotels, discounts with various restaurants and other amenities, some of which are the result of strategic partnerships that the Club has nurtured over time on behalf of its members. These offers may have limited availability and may be subject to change or additional conditions. The Club is not responsible for any availability issues that Members may have regarding these partnerships, offers, benefits, or other amenities.

21. IDENTIFICATION AND DOCUMENTATION

Members and guests may be required to present their member’s card and government-issued photo identification prior to admittance into the Club. The Club reserves the right to refuse entry to any person that does not have the required documentation.

22. TERMINATION

A Member may terminate his participation in the Club, at any time, with or without cause, and without penalty (except as otherwise provided herein) by the delivery of written notice to the Club. The Club reserves the right to terminate the Member’s participation at any time for an act or actions that are materially harmful to the Club, its members or its assets as determined by the Club (“Cause”) by delivery of written notice to the Member of such termination for Cause and the reasons related thereto. No refund shall be made to Member for any Initiation Fee (as defined in the Membership Agreement), Annual Fees (as defined in the Membership Agreement) upon termination as set forth herein. Additionally, Member shall remain liable to the Club for any amounts due and owing to the Club at the termination of Member’s participation in the Club pursuant to the Agreement. The club may also avail itself of any of the remedies provided for in this Agreement and any remedies available to enforce its rights under this Agreement. Some of the following may be considered by the Club prior to cessation of membership. Any member who:

(i) have been convicted of any offence involving violence or dishonesty or suffer imprisonment for any reason whatsoever;

(ii) leaves the country to escape criminal proceedings

(iii) makes a composition or arrangement with his creditors

(iv) adjudicated bankrupt from the date of adjudication

(v) Executive Member wound up by Court Order or effective resolution

(vi) expelled by the Club

(vii) resigned by notice in writing

shall cease to be a member.

23. EXPULSION AND SUSPENSION

If any Member acts in any way prejudicial to the interests of the Club or its Members, and shall break the terms and conditions, the Club shall consider relevant evidence for such charges. If the Club decides to expel the Member, the Club shall notify the Member in writing and the Member shall cease to be a Member of the Club and shall forfeit all rights and privileges. The Club may, at its discretion, suspend the Member or impose any lesser penalty. No appeal shall lie from the Club's decision to any other meeting or Court of Law.

24. SECURITY

Member agrees to cooperate with the Club in fulfilling any requirements pertaining to the overall security of the Club. The Club will not assume any liability for any inconvenience, delay, loss or damage in connection therewith.

25. INSURANCE

The Club shall maintain a single limit liability insurance coverage, including public liability, contractual liability, and property damage liability coverage. Members and registered Guests shall be covered  in respect of liability incurred during their stay at the Club up to the policy limit.

26. LIABILITY

The Club shall not have nor assume any responsibility or liability to Member for activities performed and all claims arising out of any and all occurrences, accidents or incidents that occur on or in connection with activities taking place at the Club, including without limitation, all personal injury, property damage, accident, delay, inconvenience, or change in itinerary that may occur for the benefit of the Member and the Club shall not be liable under any contract, negligence, strict liability or other legal or equitable theory for any (i) consequential, indirect, incidental, special, punitive, lost profits, exemplary or reliance damages, or matters beyond its reasonable control. The Club shall not be responsible for Members’ personal belongings or any other effects left at the Club’s premises. You will release Club Moolia from claims, damages and demands of every kind – known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or related to the Services.

The Club does not accept responsibility or liability for any acts, omissions or defaults whether negligent or otherwise, of suppliers. Neither the Club, nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever for the acts, omissions or defaults (whether negligent or otherwise) of any governmental authorities, their officers, any other transport providers, accommodation providers, any other facilities providers, of meals, other goods or other services or in relation to it.

Neither the Club nor any agent or affiliate accepts any responsibility or liability of any nature whatsoever including but not limited to contract, in tort or under any other law for any injury, damage, loss, delay, additional expenses or inconvenience caused by the Member’s own acts and/or omissions, or other events which are beyond their control including force majeure or other events including but not limited to war, civil disturbance, fire, floods, severe weather, acts of God, acts of government or any other authorities, failure of equipment or machinery.

Every effort is made to ensure website accuracy at all times. However, the Club cannot be held responsible for printing or typographical errors or errors arising from unforeseen circumstances.

27. INDEMNITY

The Member will at all times indemnify, and keep indemnified, the Club and its directors, officers, employees, partners, contractors, representatives, third party providers and agents from and against any loss (including reasonable legal costs and expenses on a full indemnity basis) or liability incurred or suffered by the Member or arising from any claim, demand, suit, action or proceeding by any person against the Member or the Club where such loss or liability arose out of, in connection with or in respect of the Member’s conduct or breach of this agreement.

28. PROPERTY DAMAGE

Any Member who breaks or damages any property of the Club or on the Club premises shall be liable to the Club for all costs necessarily incurred for repairs or replacements.

29. PUBLIC NUISANCE

The Club may at any time require any person, be it a Member or guest  to leave the Club premises if the Club is satisfied that the person is causing or would cause nuisance, annoyance or pose a potential danger (whether related to health, safety or otherwise), to other persons at the Club. Members shall duly observe all reasonable requests made by the Club in this regard. The Club shall be the sole arbiter as to the reasonableness of such a request.

All persons should respect the comfort of other persons using the Facilities and should keep noise to acceptable levels as directed by the Club. In particular, no radios, tape recorders, record players or musical instruments may be brought or used in the Club’s premises without the prior written permission of the Club. You may not threaten, abuse, harass, defame, or engage in behaviour that is libellous, tortious, obscene, profane, or invasive of another’s privacy.

30. EVENTS

The Club reserves the right to make all or parts of the Club and/or Facilities available to non-members for special events, including, without limitation, private parties and charitable events. In this respect, the Club shall be entitled to determine the frequency and scheduling of special events in its sole discretion, and to restrict Members’ use of the affected Club and/or Facilities during such events under such circumstances, terms and conditions, and payment of such fees and charges, as the Club shall determine in its sole and absolute discretion.

31. RESERVED PARKING LOTS

Disciplinary action may be taken against Members parking in reserved parking spaces or irresponsibly or in such a manner as to cause an obstruction to traffic or in any manner contrary to these Terms and Conditions. Security personnel shall have the power to direct the parking and movement of all vehicles in the car parks and on Club premises. There shall be a minimum penalty fee of $200 for any breach of this policy.

32. DELAYS AND CANCELLATION

The Club shall not be liable for any delay or failure by it to perform any service or in the performance of any obligation hereunder, if such delay is due to or in any manner caused by acts of God, rebellion, riots, hijacking, insurrection, civil commotion, strikes or labour disputes, fires, floods, laws and regulations, acts, demands or orders of government agency, or any other cause beyond the control of the Club. The Club is hereby released from any claim or demand for direct or consequential damages arising out of its failure to perform as a result of a force majeure event whether or not herein enumerated or other event referenced above.  

33. REPRESENTATION AND WARRANTIES

The Club is a private limited company and has the corporate authority to enter into this Agreement. Club Moolia makes no other representations or warranties of any kind as to any matter arising out of this agreement or the services provided to member or any guests of the member and hereby disclaims all other warranties, expressed or implied including without limitation implied warranties, fitness for a particular purpose or arising out of course of dealing, course of performance or usage in trade. All services are provided on an “as is” and “as available” basis. Member acknowledges and agrees that the entire risk arising out of their use of the services provided hereunder (including any use of software, the Club Moolia App or website) and any third party services or products remains solely with them to the maximum extent permitted by law. You will also be subject to the terms and conditions of any third party suppliers in addition to these terms and conditions.

34. ELECTRONIC SIGNATURES

Member and the Club agree that: (a) receipt of information electronically that the recipient reasonably believes to be authorized by the transmitting party shall constitute the valid signature on behalf of the transmitting party (it being agreed that transmission from an email address identified by Member as an authorized email address of Member shall be reasonable to accept) (b) such electronic transmissions shall be deemed to satisfy any national, state or local laws or regulations requiring that agreements be in writing; (c) neither party shall contest the validity or enforceability of any such electronic transmission; and (d) computer maintained records when produced in hard copy form shall constitute business records and shall have the same validity as any other generally recognized business records.

35. DATA PRIVACY

The Club takes all appropriate measures to maintain data regarding its members and their guests as confidential. Additionally, the Club may be required to furnish Member’s and guest data to comply with national and international security requirements or governing bodies.

36. USE OF WEBSITE

The Member agree not to access (or attempt to access) any part of the Website by any means other than through the interface provided by the Club. The Member will not engage in any activity that interferes with or disrupts the website or the servers and networks that host the Website. The Member may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website except with the Club’s prior written consent. The Member agrees not to, or attempt to, circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content or enforce limitations on the use of the website or the content therein. The Member agrees not to use, copy, distribute or commercialise content except as permitted by this agreement, by law or with our prior written consent. The Member understands and agrees that any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities.

37. WEBSITE INFORMATION

Information about offers on the Website may be based on material provided by third party businesses ("merchants"). The Club will do its best to verify the information provided by merchants but cannot guarantee its accuracy on all occasions. The Member understands and agrees that the Club cannot be held responsible for errors or omissions caused by incorrect or inadequate information supplied. The Member agrees to make enquiries to verify information provided and all imagery and video on the Website are for representational and illustration purposes only.

38. RESELLING OF BENEFITS

Member shall not resell any services, offers, or benefits provided by the Club, may not act as an agent, or use the logo or trademark of the Club. Member shall in no event resell any benefits or services offered to other members or any third party, unless the membership is transferred in full to another member pursuant to the transfer policy indicated by the Club.

39. POSSESSION OF HAZARDOUS MATERIALS

Members and their Guests are not allowed to carry hazardous materials including explosives, compressed gases, flammable liquids and solids, oxidizers and organic peroxides, poisons, radioactive material, corrosive material, magnetized material, pharmaceuticals with potential infectious agents, firearms and ammunition, dry ice, lithium batteries except for personal usage, self-defense spray, CO2 cartridges, mercury, large voltage batteries or spillable batteries. A copy of the list of forbidden items may be obtained from Member Services.

40. TERMS SUBJECT TO CHANGE

All terms and conditions contained are subject to change with 30 days’ notice. All changes to terms and conditions will be posted to Member’s section of the website.

41. ASSIGNMENT OF RIGHTS

All or any portion of the rights and obligations of the Club under this Agreement may be transferred to a third party without the consent of the Member. The Agreement and the rights and obligations of the parties hereunder shall inure to the benefit of, and be binding upon, their respective successors, assigns and legal representatives. 

42. MEMBER'S REPRESENTATIONS

Member expressly represents and warrants that it shall use the Club facilities and services and software in accordance with applicable law and the terms of the Agreement, is at least 21 years old, has the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement and participation in using the services provided hereunder is for Member’s sole, personal use. Member may only access the services provided hereunder using authorized means.

43. INTELLECTUAL PROPERTY

The Club shall own all right, title and interest including all related intellectual property rights, suggestions, ideas, feedback, recommendations or other information provided by Member or any other party relating to the services provided hereunder. This Agreement is not a sale and does not convey any rights of ownership in or related to the services provided hereunder or any intellectual property rights owned by the Club. The names and logos are trademarks of Club Moolia and no right or license is granted to use them.

44. DISPUTE RESOLUTION

These terms and conditions and provision of services shall be governed by the laws of Singapore, without giving effect to conflict of law principles. Any dispute arising under this Agreement shall be finally settled by binding arbitration before a panel of arbitrators in accordance with the Singapore International Arbitration Centre. Judgement on the award may be entered in any court of competent jurisdiction. No class arbitration shall be permissible.

In the event Member fails to pay any sums due to the Club at such time such sums are due to the paid, the Club shall recover all reasonable fees and costs related to or arising out of any efforts to collect such sums from Member, including any legal proceedings or arbitration that is commenced in order to collect such sums.

45. FURTHER ASSURANCES

Member hereby agrees to take such further actions as may be reasonably requested by the Club in connection with the services to be provided hereunder for the performance of its obligations on behalf of the Member.

46. MISCELLANEOUS

Club services can only be provided to Member and Member’s invited guests. If any provision of this Agreement is declared by arbitrator or court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full effect and enforceable. This Agreement, together with the exhibits, schedules, and attachments referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings, or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting these terms and conditions. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to other breach or default.

47. NOTICES

The Club may provide a general notice through email or physical address on record by posting notice or written communication sent by email, mail or through the Club website. Members shall keep the Club informed of changes in their email or contact addresses. Such notice shall be deemed to have been given upon the expiration of (i) 48 hours after mailing or posting to Club Moolia website or (ii) 24 hours after sending electronically if sent by email. Members may give notice to the Club at any time by any of the following: letter sent by confirmed email to the Club at hello@clubmoolia.com or by physical mail to the following address: 1201 Mooliabeenee Road Bindoon WA 6502

48. BINDING EFFECT OF TERMS AND CONDITIONS

These Terms and Conditions shall be binding on all Members of the Club.

The member hereby agrees to the terms and conditions of this membership agreement.

SCHEDULE 1: DEFINITIONS

“Catering” means food and beverages that are supplied by the Club or named suppliers of the Club and shall be provided at additional costs to the Member

 

“Club” means Club Moolia membership, including the benefits that are referred to in this Membership Agreement

 

““Day” shall mean the operating hours (10am to 10pm daily) of the club unless indicated otherwise by the Club

 

“Guest” means any person who is not a Member and who is visiting the Club to use the club’s benefits and facilities

 

“Invoice” means any billing document sent to Member for identifying costs and charges incurred by the Member

 

“Member” means the individual identified in the Membership Agreement and on the signature page hereto. Terms and Conditions shall apply to all Guests and nominated Members.

 

“Membership Account” means that account created in the name of Member in accordance with Clause 3.

 

“Membership Agreement” means the Membership Agreement that accompanies these terms and conditions at the time the Member initially becomes a member of the club.

 

“Member Service Representative” means the personnel employed by the Club to handle club member’s requests and other activities such as booking of facilities and securing invitations to partner events.

 

“Peak Days” means high traffic days that are designated at the beginning of each year by the Club.  The Club will make available the list of upcoming Peak Days to each member on an annual basis in December. Special terms and conditions are applicable, including restrictions on entry for crowd control. Terms and conditions applicable to Peak Days can be found in the Membership Agreement.

 

“Service Representatives” means the personnel employed by the Club to handle Member’s requests and other bookings

 

“Software” means the software used for the Club including the app and software used for the website, as may be modified and updated from time to time

“The Club” means Club Moolia Private Limited, a company incorporated in Singapore

“The Club Moolia App” means the Club Moolia mobile software technology that is available for Members to conduct member activities.

“The Club Moolia Website” mean the Club Moolia proprietary website located at clubmoolia.com that is available for Members to conduct member activities. 

SCHEDULE 2: PEAK DAYS

For Peak Days, all facilities are open for booking on a first-come-first-served basis to members 30 days before the Peak Day. Slots will be open to guests 24 hours before the Peak Day when there are additional slots available. The Club reserves the right to turn down requests in the event the facility is fully booked. Peak Days for the following year shall be released to members in December of each year.

The following days are considered peak days in 2020, in addition to Saturdays and Sundays of each week:

 

1 January                      New Year’s Day

1 Jan to 2 Feb               School Holiday

27 January                   Australia Day

2 March                        Labor Day

10 April                           Good Friday

10 April to 27 April         School Holiday

13 April                           Easter Monday

25 April                          ANZAC Day

27 April                          ANZAC Day

1 June                            Western Australia Day

4 July to 19 July             School Holiday

26 Sep to 11 Oct            School Holiday

28 September              Queen’s Birthday

18 Dec to 31 Dec           School Holiday

25 December               Christmas Day

26 December               Boxing Day

28 December               Boxing Day Holiday

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