May 2020
Before you start using InnoLab Café website www.innolabcafe.com.au, we want you to know a few things. So, read over this document and 
make sure you understand how it’s all going to work.
This page sets out the terms and conditions on which MGR WA Pty Ltd (us, we or our) provide our goods and services through our websites innolabcafe.com.au and any associated mobile application (InnoLab Cafe). By using the InnoLab Cafe, You 
agree to comply with the InnoLab Cafe terms of use.

What we offer
InnoLab Cafe is a platform that allows you to purchase food and beverages from InnoLab Café and participating third party cafes and restaurants (merchant) for collection. You pay for the food and drinks you order through InnoLab Café online wallet (wallet) or cash/ debit card to merchant and collect your 
Order from the merchant.

General Terms

Registration
In order to use InnoLab Cafe, you are required to register an account and you must:

  • be legally capable of forming binding contracts;
  • have a valid e-mail address and mobile number that we accept; and
  • be authorised to use that credit or debit card (e.g. it is in your name or you have the owner’s permission to use it) at merchant.

You cannot transfer your InnoLab Cafe account or InnoLab Cafe Points and wallet balance.

Placing an Order
When you place an Order through InnoLab Cafe, it needs to be accepted by the merchant before it is confirmed. We will send you a notification if your Order has been accepted. No changes can be made after you have submitted your Order so make sure you review your Order carefully before finalising. Acknowledge that much of the content provided on InnoLab Cafe relates to products, services or information (Content). We do not warrant that Content is accurate, reliable, suitable, complete or of a particular quality.

Fees and Subscriptions
No other fees or charges are payable other than for Orders placed through your account. You are responsible for paying for all Orders made using your account wallet or at merchant POS.
Fees and terms for subscriptions may change at any time but will not affect your current subscription. To cancel your subscription, please send us an email to info@innolabcafe.com.au.
If we need to cancel the InnoLab Cafe subscription system for any reason, we’ll give you at least 30 days’ notice.

Order Times
Estimated times for Order collections are provided by the Venues and are estimates only. Neither we nor the Venue guarantee that Orders will be available for collection within the estimated times.

Merchant Information
Merchant information, including but not limited to, trading hours, pictures, menu information (Merchant Content) is not endorsed by us and we do not warrant that Merchant Content is accurate, reliable, suitable, complete or of a particular quality. For information about allergy warnings, contents of a dish or any other menu information or Merchant Content, you should confirm with the Merchant directly before ordering.

PUT SIMPLY: If you have any allergies or dietary requirements, contact the InnoLab Café or Merchant if you’re unsure about their products.

User Content & Standards
We may provide you with interactive opportunities through InnoLab Cafe, including, by way of example, the ability to send messages, post user ratings and reviews (User Content).
You hereby grant us (including the our service providers, related bodies corporate and affiliated companies) a non-exclusive, royalty-free, world-wide, perpetual, transferable, irrevocable and sub-licensable right to use, reproduce, modify, adapt, publish, create derivatives work from, distribute and display the User Content (or any part of it) for any purpose without notification to and/or approval by you.

User Content must not (without limitation):

  • contain any material which is defamatory, obscene, offensive, hateful or inflammatory, or promote violence or discrimination;
  • breach any laws or infringe any rights of a third party, including but not limited to copyright or other intellectual property right of any other person;
  • breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • be threatening, promote illegal activity, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person.

This list (Content Standards) is non-exhaustive and we reserve the right to remove or edit any User Content that we determine breaches the Content Standards

PUT SIMPLY: If you think your message or post is a bit weird, don’t send it.

Privacy
We collect, use and disclose personal information as set out in Our Privacy Statement. This includes disclosing your personal information to merchants to supply your Order, using your information to help us improve our products and services and getting in touch with You to let You know about goods, services or promotions that may interest you.

Your Use of InnoLab Cafe

While using InnoLab Cafe, you will not:

  1. breach any laws, third party rights, or the Content Standards
  2. interfere with or disrupt the integrity or performance of InnoLab Cafe or anyone’s use of InnoLab Cafe;
  3. will not copy, scrape or reproduce content from InnoLab Cafe including information about third parties without their consent; or
  4. will not provide Your InnoLab Cafe log on credentials to any third party.

In consideration of the circumstances, and where we think it is reasonable to do so, We may suspend or terminate Your access to InnoLab Cafe and reserve the right to take any appropriate steps at law to protect Our interests or those of third parties.

PUT SIMPLY: Don’t be that annoying person at a house party, otherwise we’ll have to politely ask you to leave (and by politely we mean suspend your account).

Disclaimer, Limitation of Liability and Governing Law
While we use due care and skill in relation to the provision of InnoLab Cafe, we do not warrant or guarantee that the InnoLab Cafe will be continuously available, free from errors or omissions or provided to you within a particular time.
If we fail to comply with a statutory guarantee under Australian Consumer Law (if it applies) or any term of this agreement, then we limit our liability for that failure to either supplying the product or service again, or paying you the cost of having the product or service supplied again.
Except for any express warranties set out in these terms and any term implied by law (that cannot be excluded), we provide no warranties or guarantees to you (including in relation to the performance of InnoLab Cafe).
We are not liable for any loss to the extent that it was caused by you (for example, through your negligence or breach of contract).
These terms and conditions are governed by the laws in force in the State of Western Australia, Australia.

Assignment and changes to these terms
You may not assign, delegate or transfer this agreement in whole or in part, without our prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under this agreement without restriction.
We may change these terms of use from time to time by publishing an updated version on our website. If we make any material changes, we’ll notify you via the app, InnoLab Café or by email.
Your continued use of InnoLab Cafe following any change will indicate your acceptance of the change. If you do not agree to any changes, you must stop using InnoLab Cafe, and you can terminate your account by contacting us at info@innoLabcafe.com.au.

Promotional Terms and Conditions
Our promotional terms and conditions can be found here

Help!

Issues with Orders
All food and beverage preparation and safety are the sole responsibility of the Merchant supplying the Order. You are responsible for enforcing any rights you may have.

Unauthorised/Mistaken Transaction
If you believe there has been a mistake or unauthorised transaction on your account, please notify us along with details of the transaction at info@innoLabcafe.com.au and we will investigate it. We will respond to you within two business days. You may also have rights to dispute transactions relating to InnoLab Cafe charged to your scheme (e.g. Mastercard or Visa) credit or debit card with your bank. If you have such a transaction, you should contact Your bank for more information.

Postal Address
If you prefer writing, you can send us at:
Attn: InnoLab Cafe Customer Support
MGR WA Pty Ltd
Unit 16, 16 Brodie Hall Drive
Bentley WA 6102
Australia