TERMS & CONDITIONS
CLUB MOOLIA MEMBERSHIP AGREEMENT
This Membership Agreement (“Agreement”) is comprised of the Membership Privileges and these terms and conditions (“Terms”) below.
The Membership is between CM Luxury Pty Ltd (the "Club") and the Member. The Agreement will govern the use of the Club by the Member and guests of the Member. 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 Australian Dollars.
The Club may amend these Terms from time to time in its reasonable discretion by providing a revised version of the Terms on the Site. The Club may amend these Terms to the extent necessary to protect its legitimate business interests.
Access to or continued use of the Site or Services after the effective date of any revised Terms constitutes your acceptance of the revised Terms. If the Club makes any material change to these Terms, the Club will notify users by posting a notice on our Site, through the Services, or by other means the Club deems appropriate.
“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.
“Day” shall mean the operating hours (09:00 - 19:00 on Monday & Thursday and 09:00 - 21:00 on Friday, Saturday, & Sunday) 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.
“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 at the time the Member initially becomes a member of the Club.
“Members Privileges” means the privileges and access options described in the Membership Agreement.
“Peak Days” means high traffic days that are designated at the beginning of each year by the Club. The Peak Days for 2021 are listed in Schedule 1 to this Agreement. The Club will make the list of upcoming Peak Days available to each Member on an annual basis in December. Additional terms and conditions apply on Peak days, including restrictions on entry for crowd control.
“Service Representative” means the personnel employed by the Club to handle the Member’s requests and other activities such as booking of facilities and securing invitations to partner events. “Site” includes the Club Moolia website: clubmoolia.com; the Club Moolia App; and any other electronic means of communication the Club may use to communicate with members or potential members from time to time.
“Services” refer to facilities that are provided for members, including the private driving circuit, the lagoon, private garage facilities and the club lounge, and other facilities that will be built in future phases. Services also include concierge and lifestyle services that may be provided to members.
“Software” means the software used for the Club including the Club Moolia App and software used for the Site, as may be modified and updated from time to time.
“The Club” means CM Luxury Pty Ltd (ACN 645 449 958).
“The Club Moolia App” means the Club Moolia mobile software technology that is available for Members to conduct member activities.
2. THE CLUB
Club Moolia is a private members-only club and Club Moolia is a proprietary club, the proprietors and managers of which are
(subject to these Rules) CM Luxury Pty Ltd and CM Perth Pty Ltd. The Club provides its members with access to various facilities, including the Members Privileges. 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 Site.
For as long as the Member maintains its account in good standing, the Member will have the right to participate in the Club pursuant to these Terms. Member must designate to the Club, in writing, any other person authorized to use the Member’s account to make facility bookings or reservations or receive information about the Member’s account.
There are 3 categories of membership: Celebrity; Prodigy, and Conglomerate Membership.
Membership shall be open to all persons who are twenty-one (21) years of age and above. Membership term shall be for a period of 30 years. Membership shall not be transferable within three years from the soft opening date, which shall be determined by the Club. The transfer fee shall be determined at the Club’s discretion and approval.
The Club reserves the right to add additional membership categories, subject to a limit on the total number of members not to be exceeded at any point in time.
In the event of and concurrently upon the death of a Member, such Membership shall be redeemed by the Club and the Club shall reimburse the estate of the deceased Member a sum of money equal to the unused portion of the Initiation Fee.
4. 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 in these Terms including at Clause 6.
5. MEMBERSHIP FEES
The Member agrees to pay the relevant Initiation Fee as per the Members Privileges table. The Initiation Fee will be processed through Stripe or a similar payment processing platform. The Initiation Fee will payable in the portions:
$5,000.00 is payable immediately upon the execution of this Agreement (Deposit); and
the balance of the Initiation Fee is payable upon the soft opening date or another date which shall be determined by the Club and notified to the Member.
The Member’s application will be considered by the Club’s admission panel upon receipt of Deposit. If the application is not approved by the panel, the Deposit will be refunded. The Club has the right to refund the Deposit at any time, to any member, prior to the collection of the remaining balance of relevant Initiation Fee.
All the Member’s rights and benefits associated with the membership shall cease upon the refund of the Deposit to the said member.
The balance of the Initiation Fee shall be due within fourteen (14) days from the Club’s notification of payment 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 the Annual Fee as prescribed by the Members Privilege table, on each yearly anniversary of the date Member joins the Club. There shall be no Annual Fee prior to the soft opening date of the Club.
The Annual Fee 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 subsequent years shall be subject to adjustments. The Member’s participation in the Club shall automatically be renewed and extended for successive one-year periods.
Neither the Initiation Fee nor the Annual Fees paid by the Member shall be refundable, except for the pro-rata Initiation Fee under Clause 46.
6. OPERATING HOURS
The Club’s operating hours shall be 09:00 - 19:00 on Monday & Thursday and 09:00 - 21:00 on Friday, Saturday, & Sunday. During inclement weather, the Club shall be closed for member’s usage. The Club may also be closed to member’s access for maintenance or repairs or during special event days. In the event that the Club is closed for in excess of 20 days per calendar year beyond the scheduled closure every Wednesday, the Club may, in its absolute discretion, provide credit to the Member in an amount calculated by reference to the amount of days the Club has been closed.
7. 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, and must always be fully clothed in the common areas of the Club, excepting the when in swimming attire while using the lagoon facilities. The Club reserves the right to circulate dress code notifications and updates to Members and Members agree to abide by the relevant dress code.
8. 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 Services, are subject to changes by the Club's management at any time.
9. ANTI HARASSMENT AND DISCRIMINATION
The Club is committed to providing a safe environment for all its members and employees free from harassment and discrimination on any ground including sexual harassment. The Club will operate a zero-tolerance policy for any form of sexual harassment at the Club’s grounds. The Club will treat all alleged incidents seriously and will promptly and investigate all allegations of harassment in strict confidentiality.
Any person found to have sexually harassed another member or employee will face legal or disciplinary action, including expulsion from the Club.
10. ALCOHOL POLICY
Alcoholic beverages may be served and the Club expects all Members to moderate their usage and refrain from boisterous or disruptive behaviour as a result of their intake. The Club reserve the right to refuse to serve alcoholic beverage to Members and guests who appear to be intoxicated. Alcoholic beverage service at the Club will comply with all, state and local laws, rules, and regulations, including minimum drinking age laws. No food or beverage may be removed from the Club Premises.
All memberships categories include different guest policies. Any additional guests will incur additional guest fees as specified in the Members Privileges Table.
Guest admission shall be at the discretion of the Club, subject to matters including 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 Services.
12. IMMEDIATE FAMILY
The unmarried children below eighteen (18) years of age and the Member’s legal spouse shall be entitled to use the Services of the Club when the Member is present, subject to these Terms and provided they are registered with the Club.
13. 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.
14. INVOICING AND PAYMENTS
Club Moolia will make available payment invoices to Members as soon as possible. Payments must be made before the Services 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.
The Member shall be responsible to make payment of all invoiced expenses no later than seven (7) 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 obligations to the Member. The Club shall have the right to suspend membership privileges and terminate the Membership without refund.
The Club reserves the right to assess a 10% finance charge on invoices that are 30 days past due.
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 any such member that has been suspended and/or terminated after they have placed their account in due credit.
Purchases made by the Member are made under specific terms and conditions in this Agreement. Promotion of offers on the Site does not constitute a legally binding offer but an invitation to treat. The Club reserves the right to accept or reject any offers from members to purchases for any reason (or no reason) at any time after that offer 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, a Member cannot cancel their 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.
16. ADDITIONAL CHARGES
Additional charges will apply for the use of the following Services beyond the allocated credits in the Membership Privileges table. All fees quoted exclude Goods and Services Tax (GST).
16.1 DREAM RACE CHARGES
Members will be allocated race credits depending on the membership tier as specified in the Members Privileges table. The maximum number of hours that can be reserved for a single session is 2 hours for Celebrity membership, 4 hours for Prodigy membership, and 6 hours for Conglomerate membership. Preapproval is required for guest drivers which shall be specified by the Club from time to time.
Supplemental race fees will be charged for members who wish to purchase additional hours of racing beyond those in the Members Privileges table. All bookings are made on a first-come-first-served basis. Cancellation policy as stipulated in Clause 13 applies. The Club shall reserve the right to provide car rentals to members at its discretion.
16.2 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. Members will be provided credits for usage of the private suites and will incur additional charges for additional bookings beyond the allocated credits as per the Members Privileges table. All bookings are made on a first-come-first-served basis. Cancellation policy as stipulated in Clause 13 applies.
16.3 CHAMPION’S STROKE 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 for a single session as per the Members Privileges table. Members will incur supplemental charges for additional bookings beyond the allocated credits. All bookings are made on a first-come-first-served basis. Cancellation policy as stipulated in Clause 13 applies.
16.4 ATHLETE’S ACADEMY CHARGES
Members will be provided with credits to book the various sports facilities. Celebrity, Prodigy, and Conglomerate members are allowed to reserve for a maximum of 2 hours, 3 hours, and 4 hours for a single session as per the Members Privileges table at any time respectively at any point in time. Members will incur supplemental fees for additional fees beyond the allocated credits. All bookings are made on a first-come-first-served basis. Cancellation policy as stipulated in Clause 13 applies.
16.5 CRYSTAL 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 equipment.
17. FACILITIES BOOKING
The Member shall arrange for the booking of services through the Club Moolia App, the Site, 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 Club Moolia App, the Site, call or email the Club’s dedicated Member Services Representatives 24 hours a day, 7 days a week, 365 days a year at firstname.lastname@example.org. 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 booking terms and conditions not materially inconsistent with these Terms.
No outside food and beverages are allowed in the Club. The operating hours of food and beverage outlets shall be determined by the Club from time to time.
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.
20. 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.
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.
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.
23. 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.
24. 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.
25.1 VOLUNTARY TERMINATION OF MEMBERSHIP
A Member may terminate their participation in the Club, at any time, with or without cause, by the delivery of thirty (30) days’ written notice to the Club. No refund shall be made to the Member for any paid Initiation Fee nor Annual Fee upon a member voluntarily terminating their membership. Additionally, the Member shall remain liable to the Club for any amounts due and owing to the Club.
25.2 CLUB'S TERMINATION OF MEMBERSHIP
The may terminate the Member’s membership at any time for an act or actions that are materially harmful to the Club, the Club’s reputation, the Club’s members or the Club’s assets as determined by the Club (“Cause”).
The Club must deliver written notice to the Member of such termination for a Cause and the reasons comprising the Cause. No refund shall be made to the Member for any paid Initiation Fee nor Annual Fee upon a member voluntarily terminating their membership. Additionally, the Member shall remain liable to the Club for any amounts due and owing to the Club. In addition, the Club reserves the right to rely on any of the remedies provided for in these Terms and at law.
The following is a list of non-exhaustive examples of actions which constitute a Cause sufficient for the Club to terminate a member’s membership. If a member:
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; and
vi. Expulsion from the Club pursuant to Clause 25.
26. EXPULSION AND SUSPENSION
If any Member acts in any way materially prejudicial to the interests of the Club or its Members, and breaches any of these Terms, the Club shall undertake an investigation considering the relevant evidence for such allegations. 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.
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.
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.
The Member acknowledges and agrees that the Club:
a) shall not be liable (whether under contract, tort (including negligence) or otherwise) for:
Losses that were not caused by the Club’s breach of these Terms;
Losses relating to any business of a Member, loss of profits, or loss of opportunity; and/or
Loss of any data stored on the Site, or inability to access the data.
b) shall have no liability to the Member however arising out of or in connection with the performance of the Agreement with respect to special, indirect, consequential losses or any combination of these losses;
c) shall not be responsible or liable for Member’s personal belongings or any other effects left at the Club’s premises;
d) shall not be responsible or liable for any acts, omissions or defaults whether negligent or otherwise, done or not done by its suppliers;
e) and its agents and/or affiliates, shall not be responsible or liable for the acts, omissions or defaults (whether negligent or otherwise) of any:
governmental authorities and/or their officers;
any other transport providers;
any other accommodation providers; and
any other facilities providers of meals;
f) and its agents and/or affiliates, shall not be responsible or liable for any damage, loss, delay, additional expenses or inconvenience caused by the Member’s own acts and/or omissions, or other events which are beyond the Club’s control including force majeure 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.
The Member acknowledges and agrees, that in respect of all other liability, the Club’s liability is limited in the aggregate amount of $30,000.00. This amount represents a genuine pre-estimate of maximum possible loss suffered by the Member.
Nothing in this clause is intended to exclude or limit the Member’s liability that cannot be excluded or limited by law.
30. USAGE OF THE SITE AND ACCURACY OF DATA
The Club has made every effort has been made to provide information that is current and accurate. Nevertheless, inadvertent errors in information may occur. The information contained in the Site and marketing collaterals has been supplied from a variety of sources, and is subject to change at any time without notice. Club Moolia gives no assurance or warranty that information on this site is current and accurate, and take no responsibility for matters arising from changed circumstances or other information or material which may affect the currency or accuracy of information on the Site.
The Member assumes all responsibility and risk for the use of the Site. The Club disclaims any liability for any improper or incorrect use of the information contained on the Site and assumes no responsibility for anyone’s use of the information.
In no event shall the Club be liable for any direct, indirect incidental, special or consequential damages however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arising in any way from the use or inability to use the Site and/or any other websites which are linked to this Site.
This disclaimer of liability applies to any damages or injuries, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence or any other cause of action.
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.
32. 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.
33. 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 Services 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.
The Club reserves the right to make all or parts of the Club and/or Services 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 Services 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. In the event that the Member’s use of the Club is affected in excess of 20 days per calendar year beyond the scheduled closure dates, the Club may, in its absolute discretion, provide credit to the Member in an amount calculated by reference to the amount of days the Member’s access has been affected.
35. 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. 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 penalty fee for any breach of this policy.
36. 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 force majeure including but not limited to 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.
37. 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 Site) 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.
38. ELECTRONIC SIGNATURES
The 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.
The Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
40. DATA PRIVACY
41. USE OF WEBSITE
The Member agree not to access (or attempt to access) any part of the Site 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 Site or the servers and networks that host the Site. The Member may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Site 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 Site or features that prevent or restrict use or copying of any content or enforce limitations on the use of the Site 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.
42. WEBSITE INFORMATION
Information about offers on the Site may be based on material provided by third party businesses ("merchants"). The Club will use best endeavours 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 by merchants. The Member agrees to make enquiries to verify information provided and all imagery and video on the Site are for representational and illustration purposes only.
43. RESELLING OF BENEFITS
Members shall not resell, transfer or assign: any services, offers, or benefits provided by the Club. Members 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.
44. 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.
45. 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.
46. CHANGE OF CONTROL
In the event of a change of control of the Club and the new owner(s) decide not to extend the membership privileges to the existing members, the Club is liable to refund to each member a pro-rata share of the Initiation fee paid at the commencement of the membership. For clarification, if the Club is sold 10 years after the date of commencement, the membership refund paid to each Conglomerate member will be (30 years -10 years) / 30 years * initiation fee ($150,000) = $100,000. There will be no refund of Annual fees paid by each member unless otherwise stated by the Club.
47. MEMBER'S REPRESENTATIONS
The 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 participation in using the services provided herein are for the Member’s sole, personal use. The Member may only access the services provided herein using authorized means.
48. 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 the 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.
49. 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.
Any provisions of this Agreement which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.
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 or by physical mail to the following address:
1201 Mooliabeenee Road Bindoon WA 6502
52. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the parties with respect to the subject matter hereof.
53. GOODS & SERVICES TAX (GST)
All prices and fees quoted exclude Goods and Services Tax (GST). The prevailing GST will be charged in addition to the prices and fees quoted.
Paragraph headings are for convenience of reference only and shall not affect or 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.
55. GOVERNING LAW AND DISPUTE RESOLUTION
These Terms and the Agreement shall be governed by the laws of Western Australia.
Any dispute arising under this Agreement and Terms shall be finally settled by binding arbitration before a panel of arbitrators selected by the parties and in the event no agreement can be reached, a panel of arbitrators appointed by the leading arbitrator at any one of the Barristers’ Chambers in Western Australia.
No class arbitration, (being an arbitration instituted by 2 or more members) 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.
SCHEDULE 1: PEAK DAYS
For Peak Days, all Services 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. The following days are considered peak days, in addition to Saturdays and Sundays of each week. You may refer to the Commerce WA website for more details on the exact date.
New Year’s Day
Western Australia Day