karawang

Rules & Regulations Karawang Course

RULE 1 – NAME

1.1 The name of the Club shall be PALMSPRINGS GOLF KARAWANG & COUNTRY CLUB (the "Club"). The Club shall grant licenses to its members to use and enjoy an eighteen (18) holes golf course and club house. The use of the word "COUNTRY CLUB" in the name of the Club is for convenience purposes only.

1.2 The Club shall be located at Jalan Tol Jakarta-Cikampek Km. 47 (Pintu Tol Karawang Barat). Karawang 41361, Jawa Barat, Indonesia (Club Premises).

RULE 2 – PURPOSE

The purpose of the Club shall be the provision of golfing facilities and other forms of recreation which the Proprietor may, from time to time, decide to provide to its Members and guests and to encourage social interaction among themselves

RULE 3 - STRUCTURE

3.1 The Club is a proprietary club, the sole proprietor being PT Karawang Bukit Golf (the "Proprietor" which expression shall include its successors-in-title and assigns in the future).

3.2 Dusit Pacific is the appointed Managing Company to operate the Club and shall be ferred to "Manager.

3.3 Members of the Club shall have the right to use the facilities of the Club Premises in accordance with the Rules and Regulations of Palmsprings Golf Karawang & Country Club (the "Rules") and the By Laws of the Club (as hereinafter defined in Rule 4.14 of this Rules) during the term of their membership.

3.4 The Proprietor shall allow Members to use the Club Premises and all its facilities in accordance with these Rules and By-Laws of the Club during the term of their Membership, and shall be entitled to receive, charge, amend, increase, alter and fix from time to time, all membership fees, entrance fees, deposits or down payment, registration fees, monthly subscriptions or dues green fees. guest fees, transfer fees or any other fees and monies as may be payable by the Members Unless otherwise, decided by the Manager, monthly payment shall be payable each calendar month in advance, and charges and expenses shall be billed at the end of each calendar month.

Annual membership dues shall be payable each calendar year in advance (any new member joining the Club during the year shall have his annual fee prorated for the year of his admission) All such fees, charges and other payments due from a Member do not include any value added tax (VAT); and where VAT is or will be imposed on any of such sums. the Proprietor and/or the Club shall be entitled to invoice the Member for an amount equivalent to such VAT, and the Member shall pay the tax together with the sums due.

3.5 The Proprietor may appoint any person or persons as members to the Board of Governors of the Club.

3.6 The Manager shall be responsible for the day to day administration of the Club, including control of finances, staffing, quality control, formulation and implementation of the Club's programs and activities. No Member shall have, except as provided for in the By-Laws, any voice or vote in the affairs and management of the Club.

3.7 The Club Premises and any facilities thereon are the property of the Proprietor, and Members have only a contractual right pursuant to and in accordance with the terms of their membership to use the Club Premises and facilities thereon.

RULE 4 - MEMBERSHIP

4.1 Membership of the Club shall consist of any or all of the following classes of Members namely:

  • (i) Individual Golfing Member
  • (ii) Corporate Golfing Member
  • (iii) Weekday (Restricted) Golfing Member
  • (iv) Spouse Member
  • (v) Junior Member
  • (vi) Honorary Member
  • (vii) Member on Board of Governor
Any member of the Club in whatever class shall be referred to in these Rules as a "Member" which expression shall include Nominees where appropriate. The Proprietor reserves the right to introduce new classes of membership at any time and from time to time

4.2 INDIVIDUAL GOLFING MEMBER

  • (i) Application for Individual Golfing Membership shall be open to any individual irrespective of nationality.
  • (ii) Individual Golfing Membership is open to any individual above twenty-one (21) years of age.
  • (iii) Individual Golfing Member must be free from any financial encumbrance which may result in refusal by Bank International Indonesia Card Cente (‘BII’) to issue a credit card.
    Provided however that the Proprietor shall be entitled in its sole and absolute discretion to issue the Individual Golfing Membership to any person.
  • (iv) All applications shall be:
    made in the form prescribed by the Proprietor accompanied by the down payment and/or such prescribed by the Proprietor and subject the approval of the Proprietor at the Proprietor. Or, at the Proprietor’s sole and absolute discretion.
  • (v) Individual Golfing Memberships are transferable subject however to the following:
    • (a) an application for transfer must be made in the form prescribed by the Proprietor
    • (b) the proposed transferee shall be an individual who accepts and fulfills the requirements of Rule 4.2 (i) through (iv)
    • (c) the application for transfer shall be accompanied by payment of the transfer fee (which shall be prescribed from time to time by the Proprietor) and payment of the appropriate VAT fees and such transfer shall be subject to the approval of Proprietor provided however, that the transfer fee shall be waived on a one-time basis and for the first transfer only between a Member and his lawful spouse (the “Transferee”) ,
    • (d) the application for transfer shall be submitted to the Manager for his consideration;
    • (d) the application for transfer shall be submitted to the Manager for his consideration;

4.3 CORPORATE GOLFING MEMBER

  • (i) Corporate Golfing Membership is available for two nominees. A third nominee may be added to this type of membership upon payment of the fees prescribed by the Proprietor. Aplication for Corporate Golfing Membership shall be open to:
  • (ii) partnership, incorporated association, corporate body, or other institution: and the nominees may be of any nationality. However the Proprietor shall be entitled in its sole and absolute discretion to issue Corporate Golfing Membership to any partnership, incorporated association, corporate body, or other institution.
  • (iii) All application shall be: made in the form prescribed by the Proprietor; accompanied by the membership fee and/or such other fees prescribed by the Proprietor; and subject to the approval of the Proprietor or at the Proprietor's sole and absolute discretion.
  • (iv) Corporate Golfing Membership are transferable subject to the following
    1. (a) an application for transfer must be made in the form prescribed by the Proprietor
    2. (b) the proposed transferee shall be a partnership, incorporated association, corporate body, or other institution;
    3. (c) the application for transfer shall be accompanied by payment of the transfer fee (which shall be prescribed from time to time by the Proprietor) and payment of appropriate VAT fees;
    4. (d) the application for transfer shall be submitted to the Manager for his consideration;
    5. (e) no reason shall be given if the application for transfer is rejected; and
    6. (f) upon notification that the application for transfer has been approved, the Member shall arrange for:
      • (i) the return of his Membership card, car pass, others;
      • (ii) he return of his share certificate;
      • (iii) the execution by the proposed transferee of any agreement deemed necessary by the Proprietor in relation to any scheme of installment payments, if applicable; and
      • (iv) the execution of all documents and performance of all acts by the Member and/ or the proposed transferee which shall be deemed necessary by the Proprietor in its sole and absolute discretion.
  • (v) A Corporate Golfing Member:
    • (a) shall be entitled to nominate two individuals and an additional third nominee upon payment of the prevailing fee prescribed by the Proprietor from time to time (collectively the ‘Nominees' and severally a 'Nominee') and shall be entitled to enjoy the privileges of an individual Golfing Member (except the right to transfer membership) and such privileges of the Nominees shall cease forth with upon the termination, for whatever reason of the period of Membership of the Corporate Golfing Member;
    • (b) shall be available for any nominees who are free from any financial encumbrances which may result in the refusal by Bill to issue a credit card.
    • (c) shall be entitled from time to time, by notice in writing to the Manager and upon payment of a registration fee (the amount of which shall be determined by the Proprietor from time to time), to terminate the nomination of any Nominee and to nominate another individual who is acceptable to the Proprietor as a Nominee; and
    • (d) shall be liable for the payment of all membership, entrance and registration fees, subscriptions and monies due on the account of its Nominee(s) with the Club.

4.4 WEEKDAYS (RESTRICTED) GOLFING MEMBER

  • (i) Application for Weekdays (Restricted) Golfing Membership shall be open to:
    • any individual who is above twenty-one (21) years of age; and
    • any individual who is free from any financial encumbrances which may result in the refusal by Bill to issue a credit card.
    However the Proprietor shall be entitled in its sole and absolute discretion to issue Weekdays (Restricted) Golfing Membership to any other persons.
  • (ii) All applications shall be:
    • (a) made in the form prescribed by the Proprietor;
    • (b) accompanied by the entrance fee and/or such other fees prescribed by the Proprietor;
    • (c) subject to the approval of the Proprietor or at the Proprietor's sole and absolute discretion.
  • (iii) Weekdays (Restricted) Golfing Memberships:
    • (a) are transferable;
    • (b) shall enjoy the privileges of an Individual Golfing Member on any weekday with the exception of a public holiday which falls on a weekday.
    • (c) shall not be entitled to play golf on weekends or public holidays except when the prevailing guest green fees are payable. Provided however that the Proprietor shall be entitled in its sole and absolute discretion to discontinue this privilege;
    • (d) all members may be of any nationality and
    • (e) may be subject in their use of the Club Premises to any restrictions which may be imposed by the Proprietor.

4.5 POUSE GOLFING MEMBER

  • (i) The spouse of a Member of any class (except Weekday Member) shall be eligible to apply for a spouse Golfing Membership within the same Membership class as the Principal Member
  • (ii) The Spouse of a Member shall automatically be terminated upon the termination of for whatever reason, the Principal Member or if the Nominee ceased to be a Nominee.
  • (iii) The Principal Member has to pay an additional dues or fees in respect of his Spouse Golfing Membership who derives the Spouse Golfing Membership from such Member.
  • (iv) A Principal Member shall be responsible for any debt or liability incurred by his spouse who is holding the Spouse Golfing Membership.
  • (v) The Spouse Golfing Membership is non-transferable.

4.6 JUNIOR GOLFING MEMBER

  • (i) The unmarried children below twenty-one (21) years of age of a principal Member of any class (or of a Nominee) shall be eligible to apply for a Junior Golfing Membership within the same Membership class as the Principal Member.
  • (ii) Junior Golfing Membership shall automatically be terminated upon the termination of whatever reason, the Principal Member or if the Nominee ceased to be a Nominee The Junior Golfing Membership shall cease after such children reaches the age above twenty-one (21) years or upon their marriage.
  • (iii) The Principal Member has to pay additional dues or fees in respect of each Junior Golfing Member whose age is twelve (12) years and above, and who derives the Junior Golfing Membership from such Principal Member.
  • (iv) A Principal Member shall be responsible for any debt or liability incurred by his child who is holding the Junior Golfing Membership,
  • (v) The Junior Golfing Membership is non-transferable.

4.7 HONORARY MEMBER The Proprietor may invite any person to be an Honorary Member for a period of and on such terms as it deems fit. However (unless determined otherwise by the Proprietor), such Membership shall remain non-transferable unless and until the Honorary Member fulfills the prevailing requirements for Individual Golfing Membership. An Honorary Membership is only granted to an individual, therefore, no members of the family are allowed to use the facilities unless the prevailing guest charges are paid.

4.8 MEMBER SERVING ON THE BOARD OF GOVERNORS The Proprietor may invite outstanding members of the public who have distinguished themselves or are recognized leaders in their respective fields to serve on a Board of Governors. Such persons shall be Members of the Board, on terms and conditions to be determined by the Proprietor.

4.9 ABSENT MEMBER

  • (i) Any Member leaving Indonesia based on a prior written notice to the Manager, for a period of more than three (3) months, shall be placed on the list of Absent Member provided always that he has paid all amounts due to him in advance. Immediately upon his return to Indonesia he shall be obliged to give a written notice to the Manager.
  • (ii) Prior to his departure, such Member shall be obliged to pay in advance a 30% reduced subscription fee which shall have to be paid (or such other percentage determined by the Proprietor from time to time) for the full absence period, but shall still be liable to pay the full subscription fee for the month in which he leaves, and the month in which he returns.
  • (iii) The spouse Golfing Member and Junior Golfing Member of an Absent Member shall not be entitled to use the facilities of the Club during the period of absence of such Absent Member.
  • (iv) The normal maximum absence period of a Member shall be two (2) years. or any period as the Proprietor may decide. If the Member has been absent for more than two (2) years, he shall be obligated to re-apply for extension after that period.
  • (v) If as a result of such absence period there are arrears to the Member's subscription fee for three (3) months, unless decided otherwise by the Proprietor, the Membership shall be deleted automatically.
  • (vi) Any Absent Member who is deleted from the Membership List may, at the absolute discretion of the Proprietor, be reinstated on payment of all arrears of subscription and interest imposed.

4.10 GUEST

  • (i) Except otherwise provided by these Rules or By-Laws of the Club, a Member may introduce any person as a guest to the Club. Such a guest shall be entitled to use the facilities available to the Member concerned, with the exception of the usage of the golf course, or other facilities, which shall be imposed with the obligation to pay a certain dues or fees to be prescribed from time to time by the Proprietor. The Manager may in its absolute discretion allow a guest to be introduced to the Club more than once in a month. No guest shall be allowed to use the golf course, or such other facilities of the Club on such days and times as the Proprietor may prescribe from time to time.
  • (ii) A Member introducing a guest shall write the name of the guest, his own name and the period for which the guest is introduced in a book kept for the purpose of the Club and shall be responsible for any debt or liability to the Club incurred by such guest. It is the duty of the introducing Member to acquaint his guest with the Rules and By-Laws of the Club as to whether there are any restrictions against the use of golf course, the golf club and other facilities by such guest.
  • (iii) The Manager may at any time withdraw the privileges to use the facilities provided by the Club to any guests without giving any reason thereof.
  • (iv) No person from whom the privileges of the Club have been withdrawn may be introduced as a guest.
  • (v) No person who has been expelled from the Club under Rule 6 or from whom the privileges of the Club have been withdrawn under Rule 4.10 (iii) above may be introduced as a guest.
  • (vi) The Proprietor may invite persons who are not introduced by Members of the Club to use the Club's facilities on special occasions. Such special occasions shall include but are not limited to the hosting of tournaments, the holding of private functions, meetings and conferences, and the introduction of celebrities, public or important figures and the Proprietoris business associates. The Proprietor may use this provision to admit day members on weekdays.

4.11 MEMBERSHIP

  • (i) The name of every Member shall be entered into the Register of Members
  • (ii) The Proprietor may close (and subsequently re-open) the membership of any class of Membership whenever it considers such to be appropriate.
  • (iii) A person shall become a Member and shall enjoy all rights ahd privileges of such membership upon the issuance of a membership card. A Member shall keep the membership card with him at all times in the Club Premises and shall produce it upon demand by any staff member or authorized person of the Club.
  • (iv) The Proprietor may in its sole and absolute discretion, for such periods as it shall think fit, designate the entrance, lobby, all entrances and exits, food and beverage outlets, restrooms, car park and retail areas as private areas for which entry is limited by Membership requirements

4.12 ENTRANCE FEES, OTHER FEES, DEPOSITS AND SUBSCRIPTIONS

  • (i) Every Member shall be obliged to pay a monthly subscriptions (including, where appropriate and without limitation, monthly subscriptions in respect of Family Members) on a date to be fixed by the Proprietor and such monthly subscriptions shall thereafter be payable in advance to the Proprietor on the first day of each month.
  • (ii) The membership fees, entrance fees, other fees, deposits and subscriptions payable by the various classes of Members, and the manner of payment, shall from time to time be determined by the Proprietor.
  • (iii) The Proprietor may determine that the payment of the membership fees or deposits thereof be made by installments. Any installment payment scheme shall be without prejudice to the right of the Proprietor to recover the whole sum forfeiture of the Membership upon default of payment.
  • (iv) Each transaction at shall be indicated by a charge slip signed by the Member.
  • (v) Any payment delay shall be subject to the terms and conditions of Bil Credit Card.

4.13 RESTRICTION OF PRIVILEGES

  • (i) If at any time it appears to the Manager that the golf courses, or any other facility of the Club is congested, the Manager may, in its absolute discretion, restrict the privileges of any Member of any class in respect of any one or more facilities.
  • (ii) The Manager may reserve the whole or any part of facilities of the club for such period of time as it deems necessary.

4.14 BY-LAWS The Manager may from time to time upon the instructions of the Proprietor lay down, amend or repeal any By-Laws as it may deem necessary for the efficient running of the Club. All Members shall be bound by the By-Laws of the Club. In the event of any inconsistency between the By-Laws and these Rules, then these Rules shall prevail.

RULE 5 - SHARES

5.1 The payment of the golf membership fee and any other payments made by a Member as stipulated in the membership application, shall be deemed as the payment of one (1) share with the nominal value of Rp 1,000 (one thousand Rupiah) (hereinafter referred to as the "Share") to be issued by the Proprietor to the Member

5.2 Subject to the Articles of Association of the Proprietor, the shares of the Proprietor shall consist of two (2) series of shares, having the following rights:
  • a. Series A shares shall be owned or held by the founder shareholder of the Proprietor only The holders of series A shares shall be entitled to
    • (i) nominate and appoint the members of the Board of Directors and the members of the Board of Commissioners;
    • (ii) vote in the shareholders meeting of the Proprietor;
    • (iii) have the right to dividend and the remaining assets, in the event of liquidation of the Proprietor, and
  • b. Series B shares shall be owned or held by the Member of the Club only. The Proprietor shall issue one (1) series B shares to each Member of the Club. The holder of series B shares shall not be entitled to vote in the general meeting of shareholders of the Proprietor nor to appoint the management of the Proprietor, but they shall only be entitled to right of dividend and the remaining assets of the Club in the event of liquidation of the Proprietor
  • b. Series B shares shall be owned or held by the Member of the Club only. The Proprietor shall issue one (1) series B shares to each Member of the Club. The holder of series B shares shall not be entitled to vote in the general meeting of shareholders of the Proprietor nor to appoint the management of the Proprietor, but they shall only be entitled to right of dividend and the remaining assets of the Club in the event of liquidation of the Proprietor

5.3
The Member shall not be entitled to sell, transfer, assign, encumber, pledge or dispose of any of the Share or rights held by him which could result in an involuntary transfer or assignment of such Share to third parties, without the prior written consent of the Proprietor.

5.4 Any transfer of the membership held by the Member to any third party shall automatically cause the transfer of the Share then Gowned by the Member to such third party and any transfer of the Share held by the Member to any third party shall automatically cause the transfer of the membership.

EXPULSION, SUSPENSION AND CESSATION OF MEMBERSHIP

6.1 In the event that:

  • (i) any Member has failed to pay such membership or entrance fee payable or installment thereof when due and payable; or
  • (ii) the subscription is unpaid for three (3) months (or such other period as the Manager may from time to time decide); or
  • (iii) any Member fails to maintain his account in a satisfactory manner as set out below;
within fourteen (14) days after the issuance of a written reminder to his last known address, he shall cease to be a Member However, such Member may provided that he is not categorized as a Member referred to in Rule 6 upon the sole discretion the Proprietor be reinstated, after such Member has (i) furnish satisfactory explanation to the Manager, (ii) paid all arrears and such other payments as may be prescribed by the Proprietor

6.2 cessation, suspension, expulsion

  • (i) If any Member acts in any way prejudicial to the interest of the Club, or in breach of any of these Rules or the By-Laws of the Club, the Proprietor or Manager may at its sole discretion, call on the said Member to answer to any such charges made against him.
  • (ii) If after having heard such explanation the Proprietor decides to expel the said Member, he shall be notified in writing and shall thereupon cease to be a Member of the Club. The Proprietor may also suspend the Member for a certain period of time or impose any other lesser penalty. If the act in question was perpetrated by a Nominee, the Proprietor may require the Member concerned to terminate such nomination. No appeal is accepted.
  • (iii) If the Member for any reason, refuses to attend before the meeting to answer the charge(s) against him, the Manager may nevertheless in his sole and absolute discretion psroceed in making in respect of the charge(s) to be imposed against the Member. The Manager may as a result thereof expel or suspend the Member or impose any lesser penalty and no appeal shall lie in respect of such decision to any other meeting.
  • (iv) A Member so expelled shall not be eligible as a candidate for Membership of the Club.

6.3 Any Member who:

  • (i) has been adjudicated bankrupt;
  • (ii) becomes an enemy alien of Indonesia;
  • (iii) has his Membership charged under any Order of Court;
  • (iv) has been expelled;
  • (v) has been convicted for any offense involving violence or dishonesty or shall suffer imprisonment for any reason whatsoever
  • (vi) leaves Indonesia to escape criminal proceeding;
  • (vii) being a corporate body which is placed in winding up under judicial management;
  • (viii) being an incorporated association which is dissolved or ceases to exist;
  • (ix) being a partnership which is dissolved or any partner thereof is adjudged a bankrupt or makes a composition with creditors;
  • (x) being an overseas corporate body, incorporated association or partnership, proceedings or actions analogues to those referred to in paragraphs (vii). (viii), or (ix) of this Rule are taken in respect of such Member in any territory having jurisdiction over such Member;
  • (xi) sells or transfers his or its Membership; or
  • (xii) is in default with respect to any payment relating to the Credit Card from which his or its Membership derives; shall cease to be a Member

6.4
If Member fails to pay the outstanding Balance shown in the Card Account Statement beyond the terms permitted by BII. the Proprietor/Bll reserves the right to suspend the use of the Card as per the terms and conditions laid down by BII.

  • (i) When the Member fails to settle his outstanding Balance with BII beyond the specified period of time, BII reserves the rights to terminate the use of the Card without assigning any reason for such termination.
  • (ii) When this happens, the Proprietor reserves the right to forfeit the Membership and may sell it to a Buyer at the prevailing market rate within six (6) months, provided that the Proprietor is not held liable to dispose off the Membership. Should a transfer be effected, the proceeds obtained will first be used to settle all amount owed by the Member to BII and the Club. After deducting the various administration charges and VAT, whatever remains will be returned to the Member concerned.

6.5
Any expulsion, suspension or cessation of a Membership under the provisions of this Rule 6 shall be done without prejudice to that Member's right to transfer his Membership within two (2) months of such expulsion, suspension or cessation, and subject to the full settlement of his account with the Club or Bll, provided however that in the event of cessation pursuant to Rule 6.3, the trasfer may be affected within three (3) months of such cessation. If no transfer is effected within two (2) months after the termination or cessation of the Membership, then such Membership shall be forfeited, and the Member shall have no rights to redeem his Membership.

6.6
Upon the occurrence of such expulsion, suspension or cessation as set forth in Rule 6.5 above and other provision as set forth in these Rules and By-Laws of the Club, the Proprietor shall be entitled to repurchase the Share held by the Member concerned (if it is issued by the Proprietor by sending a notification (Call Notice) to the Member that requires the Member to sell the Share in accordance with the Articles of Association of the Proprietor the Proprietor delivers such Call Notice, the Member shall immediately be required 1o execute an instrument for the transfer of the Share from the Member to the Proprietor. The Member shall have no rights whatsoever relating to his or its right of redemption with respect to the transfer of such Share.

6.7
Any Member who ceases to be a Member shall forfeit all rights and privileges of a Member and the use of the facilities of the Club. The Member will be obliged to return the Bll Affinity Gold Credit Card to the Manager BIl reserves its rights to replace the above card with a Bll Gold Credit Card or refuse a replacement

6.8
The Proprietor reserves the right to readmit any person who has ceased to be a Member under Rule 6.3.

RULE 7 - MEMBER'S ACCOUNT

7.1
Capitalized terms not otherwise defined in these Rules shall have the meaning given to such terms in the “Terms and Conditions of Credit Card”

7.2
Each Member shall keep his club account in good standing and the Member shall be liable to pay BII upon demand the balance due to Bll on each and all Card Accounts at any time and from time to time including all charges effected or debited to any and all Card Accounts in accordance with the terms and conditions of BIl Credit Card stipulated by BlI. The Member shall undertake to observe all rules, regulations and code of conduct of the Club and to pay all his bills owing to the Club promptly.

7.3
If a Member's account is not in good standing, the Manager may after, due notification has been given, withdraw the privileges of the club until the account has been established. If by the Payment Due Date in the Card Account Statement of BII Affinity Gold Credit Card the Outstanding Balance stated therein is not paid in full; BII may charge and debit the Card Account a daily financial charge or such other rate as Bll may from time to time determine without notice, calculated on a daily basis.

7.4
If the Member fails to place his account in good standing within a period of seven (7) days after the notification referred to in Rule 7.3 above to the Member's last known address has been given by the Manager then his name will be recorded as a Defaulter. lf the Member still tails to fulfill his obligation after the lapse of fourteen (14) days as of the notification referred to in Rule 7.3 above, the Manager shall delete his name from the Register of Members and he shall thereupon cease to be a Member but without prejudice to the right of the Proprietor or the Manager to recover all monies due and payable from him to the Proprietor and/or the Club. As a consequence thereof, the Member shall be obligated to pay all outstanding amount and obligations in cash directly to the Proprietor

7.5
If the Member fails to pay Bll after the issuance of a notification and subsequent reminder, Bll may inform the Manager who shall delete the Member's name from the Register of Members and such Member shall thereupon cease to be a Member but without prejudice to the right of the Proprietor or the Manager or Bll to recover all monies due and payable by the Member concerned to the Proprietor, the Club and/or BlI

Rule 8 - BANK INTERNASIONAL INDONESIA

8.1
"Bil' means Bank Internasional Indonesia Card Center which is the issuer of the Sedana Golf & Country Club Membership Card and the Bll Visa Affinity Gold Card.

8.2
Each Member shall be eligible to a Bll Affinity Gold Credit Card and has to abide by the terms and conditions determined from time to time by Bll.

8.3 Failure to pay

  • (i) The Member shall be obliged to duly and punctually pay all Outstanding Balance that may be made or become due in respect of the Membership and upon default of the Member concerned. Bll shall make such payments to the Club and all sums paid by Bll for that purpose with interest thereon as Bll shall determine what shall be repaid on demand
  • (ii) Bll is authorised at any time without notice to debit the Card Account with interest, commission, charges and any other monies due and payable hereunder Upon default in payment by the Member on demand of whatever money is due, any sum remaining unpaid shall be capitalised and form an aggregate principal sum as from the date of demand and such aggregate principal sum shall carry interest at such rate as may be determined by BIl from time to time from the date of demand until the actual payment hereof and such interest shall stand charged, have been paid. If payment remains outstanding. the overdue sum bears interest accordingly.

8.4 Cessation of membership
The Member shall inform Bll immediately in the event that the Member ceases to be a member of the Club. Upon such cessation, the outstanding amount, interest (inclusive of additional interest aforesaid) and other monies due and owing to BIl shall be immediately become due and payable.

8.5 Exercise power of sale
Failing payment by the Member on the due date or upon demand (as the case may be) of any sum or liability herein mentioned, the Proprietor reserves the rights and without the Member's consent :

  • (i) to sell the Membership, at such price or prices and whether on tender of cash or credit, without being responsible for any loss, as the Proprietor may deem expedient and shall not be responsible for any loss from or through brokers or others employed in the sale of the Membership or for any loss or depreciation in value of the Membership arising from or through any cause whatsoever:
  • (ii) at any time or times hereafter prior to the discharge of all the monies and liabilities hereby secured, to insist the Member, upon demand at his own cost to execute and do all such transfers, assurances, powers of attorney, other documents as the Proprietor may require for assuring and vesting the full legal title of the Membership to the Proprietor or its nominees or any purchaser or purchasers or transferee or transferees from them under an exercise of power of sale herein contained as may by them or him be reasonably required or for the purpose of perfecting or preserving the Proprietor's rights and interests under or pursuant to or in respect of the Membership: and
  • (iii) to apply the net proceeds of such sale in or towards payment of any such sum or liability as above as the Proprietor may think fit including contingent liabilities and VAT. In the event that the net proceeds of such sale actually received by the Proprietor shall be insufficient to cover the whole of the Member's indebtedness and liabilities to BIl or the Club, the Member has to undertake to pay to the Proprietor immediately on demand any balance which may then be due.

8.6 Certificate on exercise of sale
Upon any sale of the Membership which the Proprietor may make or purport to make under the provision of the above clause 8.5, a certificate made by any of its officers explaining that the Member have made a default and that the power of sale has become exercisable shall be conclusive evidence of the fact in favour of any purchaser or other person to whom the Membership may be transferred under such sale and the Member will indemnify the Proprietor and keep the Proprietor indemnified against any claim or demand which may be made against the Proprietor by such purchaser or person and any liability, loss, cost or expense which the Proprietor may suffer or incur by reason of any defect in the Membership

8.7 Evidence of outstanding liabilities
For the purposes, including any legal proceedings, a certificate by any of the Proprietoris officers as to the sums and liabilities for the time being due or incurred to the Proprietor by the Member shall be conclusive evidence

8.8 Enforcement of rights
The Proprietor is at liberty, but not bound, to resort for its own benefit to any other means of obtaining payment or securing performance at any time and in any manner or order the Proprietor thinks fit without affecting its security. The Proprietor may exercise and enforce its rights under this clause before resorting to other means of obtaining payment or securing performance or after such means have been resorted to in respect of any balance due or outstanding liabilities or obligations and in the latter case without entitling the Member to any benefit from such other means so long as any sum, liability or obligation remains due owing or payable or outstanding (whether actually or contingently) from or by the Member to the Proprietor.

8.9 Currency Indemnity

  • All sums payable shall be made in US Dollars in respect of the Membership
  • Any amount received or recovered in a currency other than US dollars (whether as a result of, or the enforcement of, a judgement or order of a court of any jurisdiction, in the Member's bankruptcy, insolvency, winding up or otherwise) by the Proprietor in respect of the Membership expressed to be due to the Proprietor from a Member, shall constitute a discharge to the extent of the US Dollar amount which is able in accordance with its usual practice, to purchase the amount so received or recovered in that other currency on the date of that receipt or recovery (or, if it is not practicable to make that purchase on that date, on the first date on which it is practicable to do so.) If that dollar amount is less than the dollar amount due to the Proprietor, the Member shall indemnify the Proprietor against any loss sustained by it as a result thereof

RULE 9 – SUB-COMMITTEES

9.1 The Proprietor through the Manager shall have the power to incur any expense on behalf of the Club or give any warranty on behalf of the Club except to such extent as the Proprietor from time to time specifically authorize.

9.2 The Manager may appoint sub-committees to further any particular activity of the Members. Each sub-committee shall keep minutes of its proceedings and shall conduct its business in accordance with the directions of the Proprietor.

9.3 No member of the sub-committee shall have the power to incur any expense on behalf of the club or give any warranty or make promises behalf of the Club.

RULE 10 - MANAGER

10.1 The Proprietor may appoint any individual, person, firm or corporate body to be the Manager for the day to day administration of the Club. The Manager shall be responsible for the formulation and implementation of the Clubis program of activities and shall supervise the Club's employees or agents

10.2 No Member shall, except as provided for in these Rules, have any voice in the affairs and management of the Club.

10.3 The Manager shall have such administrative powers as may be necessary for carrying out the business of the Club properly in accordance with these Rules.

RULE 11 - CLUB PROPERTY

No Member shall take away, or permit to be taken away, any property within the Club Premises or golf course under any pretense whatsoever or shall injure or destroy any such property

RULE 12 - NOTICES

12.1 No paper, notice or placard, written or printed, shall be put in the Club Premises without the permission of the Manager

12.2 Every member shall communicate in writing of any change of address to the Manager. Such address shall be inserted in the Register of Members

12.3 A notice to any Member may be sent by post or delivered by hand to his last known address in the Register of Members If it is sent by post it shall be deemed to have been duly delivered on the day following the date of posting.

RULE 13 – PROHIBITIONS

13.1 Gambling of any kind, whether for stakes or not. is forbidden in or around the Club premises. The introduction of materials for gambling or drug taking or persons of bad character or ill-repute into the Club Premises is prohibited. The Club shall not hold any lottery.

13.2 No funds or monies belonging lo or held in trust for the Club shall be used to pay the fines of Members who have been convicted in Court.

13.3 No Member shall borrow in the name of, or pledge the credit of, the Club

13.4 The Club shall not attempt to restrict or interfere with trade or make directly or indirectly any recommendation to, or any arrangement with its Members which has the purpose or is likely to have the effect of fixing or controlling the price or any discount, allowance or rebate relating to any goods or services which adversely affects consumer interests.

13.5 No Member shall reprimand the staff of the Club. If a member has any cause of complaint against a member of staff,he shall bring the same to the Manager who shall deal with the matter in any way he deems fit.

13.6 No Member shall give the address of the Club Premises in any advertisement, or use its address for business or other purposes.

13.7 The club shall not indulge in any political activity or allow its funds and/or premises to be its used for political purposes

RULE 14 - AMENDMENT TO THESE RULES

Only the Proprietor shall have the power to amend, add to or repeal these Rules.

RULE 15 – FINANCIAL YEAR AND AUDITORS

The Financial Year of the Club will commence on 1st January and end on 31st December of the same year.

RULE 16 - LIABILITY OF THE CLUB

The Proprietor, the Manager, the Club and any person appointed or employed by the Proprietor, Manager shall not be liable;

  • (i) for any loss of or damage to any property or article whatsoever, or howsoever brought upon or left by a Member, his guest or any other person;
  • (ii) for any injury or loss whatsoever, or however caused to a Member, his guest or any other person; and
  • (iii) for all claims, demands, costs, loss of life.

RULE 17 – DISSOLUTION

17.1
The club may be dissolved voluntarily by a resolution of the Proprietor and shall be dissolved upon the expiry of the Proprietor's tenure on the Club Premises or upon the occurrence of any government action or Act of God which makes it illegal or impossible for the Proprietor to continue holding the Club Premises or owning or operating the Club.

17.2
Upon the dissolution of the Club, all right of Membership shall terminate and the Proprietor shall be discharged from all liabilities and obligations thereunder or elsewhere and no Member shall have any claim against the Proprietor except in respect of any monies standing to the credit of the Member.

17.3
All Members shall remain liable to the Proprietor for all dues or debts incurred before dissolution of the Club and shall forthwith make payment.

RULE 18 – INTERPRETATION OF RULES

The Proprietor shall be the sole authority for the interpretation of these Rules and By-Laws of the Club and the decision of the Proprietor shall be final and binding.