TERMS of service
The Innovation Lab hire
By making a booking to use The Innovation Lab, you agree that you have read, understood and will abide by these terms of use of The Innovation Lab.
Bookings
To book The Innovation Lab please fill out the online booking form at https://theinnovationlab.com.au/
You, as the hirer of The Innovation Lab or as the agent for the hirer of The Innovation Lab, must be 18 years or over and have completed the online booking form.
When is a booking confirmed?
All bookings of The Innovation Lab are tentative until you have paid for it in full and received a booking email confirmation.
Changes to your booking by us
There may be times when we may need to cancel or change bookings. We have the right, acting reasonably (which we will otherwise use sparingly), to:
● cancel bookings at any time;
● change the date or time of a booking.
If we cancel your booking, you will receive a full refund you have already paid to us for the booking, unless you elect for us to retain the amount and apply it to a new booking within the same financial year.
If we change your booking, we will notify you and give you a timeframe within which you may notify us that you wish to cancel your booking. If you:
● confirm that you accept the changed booking or do not notify us within the timeframe: your changed booking is confirmed, and you must comply with these Terms of Use in relation to your changed booking; or
● elect to cancel your booking due to our change: you will receive a full refund for your booking, unless you elect for us to retain that amount to apply to a new booking within the same financial year.
We are not liable to you for any loss or damage suffered as a result of our cancellation or change to your booking.
Hire fees and charges
When do you need to pay?
You are required to pay your room hire fees and charges when the booking is made.
Hire fees and charges are determined annually and published on our website at: https://theinnovationlab.com.au/.
Hire fees and charges may include, but are not limited to:
● Hire fees for The Innovation Lab
● Catering – food and beverages
● Cleaning charges
● Cancellation fees if you cancel your booking
● Additional costs (eg repairs caused by your misuse)
Cleaning charges
Cleaning charges may apply to your booking, for example:
● where food and/or drinks are consumed, and it results in soiling of The Innovation Lab.
What do you pay if you cancel your booking?
If you elect to cancel your booking you may be charged a cancellation fee depending upon how much prior notice you give us. The cancellation fee may be a proportion of your total hire fees and charges for your booking, with the proportion determined by how many days’ prior notice of cancellation you provide to us. Your cancellation fee will be calculated as set out in the below table:
Room Hire
Refund schedule for booking cancellations:
No cancellation fee if you notify us at least 48 business hours prior to your scheduled booking date.
Full refund or credit of amounts already paid to us within 48 Business hours of you notifying us.
Cancellation less than 48 business hours of your scheduled booking date
50 per cent of Hire fees and charges
Non-attendance where no notification is received and the booking is not utilised, or notification is received on the day of the booking
No refund will be given, and the full amount is payable on demand
Note: Catering not cancelled within 48 business hours in not refundable.
Hours of use
The Innovation Lab is available for hire between Monday to Friday (excluding public holidays in Melbourne) 8:00am and 5:30pm. Hire periods must be strictly adhered to.
Additional fees of $200 (excluding GST) per hour will apply if your use continues outside of the booked hire period.
If you wish to book The Innovation Lab for times and dates that are outside our stated operating times and dates, this can be arranged at the time you make your booking.
Refusal of entry
We are responsible for the management of The Innovation Lab. We have the unfettered right to refuse entry to any individual or organisation (including you and any of your invitees) at any time, if in our opinion they are behaving in an unruly, intoxicated or aggressive manner.
We may inspect The Innovation Lab at any time prior to, during or after the hire period to ensure the Terms of Use are being complied with.
If at any time:
● you are not complying with these Terms of Use;
● there is likelihood that damage may be caused to any part of The Innovation Lab or any equipment or other items within The Innovation Lab, or damage has been caused; or
● the manner in which any performance or use is being conducted, or is proposed to be conducted,
● The Innovation Lab (or any part of it) is required by us for emergency use; or
● in the event of a natural disaster, pandemic or other catastrophic event, The Innovation Lab is no longer available for hire;
then we are under no obligation to honour your booking. We may discontinue your booking during a hire period and if this occurs, you and your invitees must immediately vacate The Innovation Lab and remove any items you have brought into The Innovation Lab. You and your invitees are not entitled to receive any compensation for any loss or damage if this occurs.
Damage and liability
You and your invitees enter and use The Innovation Lab at your own (their own) risk.
You are liable for any damage caused to The Innovation Lab, the hired equipment or any other items owned or controlled by us relating to or arising out of your hire or use of The Innovation Lab. This includes damage caused by you or your invitees.
You indemnify us and will keep us indemnified from and against all damages, losses, actions, suits, claims, costs (including all legal costs and disbursements) and demands which may be made or recovered against us:
● relating to your access to or use of The Innovation Lab (including the access to or use of The Innovation Lab by you and your invitees);
● relating to any personal injury or illness (including death) arising out of your access to or use of The Innovation Lab including the access to or use of The Innovation Lab by your invitees;
● except to the extent that such damages, loss, action, suits, claims, costs (including all legal costs and disbursements) and demands are caused or contributed to by our negligent, reckless or wilful conduct.
Your additional obligations
You are responsible for compliance with all laws and legislative requirements relating to your use, and that of your invitees, of The Innovation Lab, including ensuring no nuisance is caused to hirers or other users of other areas within The Innovation Lab or to anyone that neighbours The Innovation Lab.
You are required to minimise the noise of you and your invitees entering and leaving The Innovation Lab to minimise disturbance to anyone that neighbours The Innovation Lab.
Failure to comply with our request or police request with respect to noise or amplified sound will result in immediate cancellation of your hire, and you must vacate The Innovation Lab immediately and remove any items you have brought into The Innovation Lab.
Vacating The Innovation Lab
Our equipment must be left in good working order and condition. If during your formal induction or at the start of your hire period you become aware that any equipment is damaged or not in good working order, please notify our staff at that time.
If our staff are required to assist with setting up and/or packing down, you may be charged a fee.
Your cleaning obligations
You are required to:
● leave The Innovation Lab and all adjoining areas in a clean and tidy condition at the conclusion of your hire period.
● remove all personal items prior to returning the access pass. If any items remain after the hire period, we will notify you. If you do not collect them within two weeks of the end of the hire period, they will be treated as abandoned and we may dispose of them in any manner we see fit. We will not be liable for the disposal, loss, theft or damage of any your items or any items of your Invitees that are left in The Innovation Lab at the end of the hire period.
● are permitted to leave food, drinks and rubbish “as is” and our cleaner will dispose.
Additional costs may be charged if non-standard cleaning is required i.e. Stains on carpet or furniture etc A tax invoice will be rendered, and payment must be made within 7 Business days.
Building access cards must be returned to reception at level 4, 380 Collins Street Melbourne VIC 3000 on the day of your hire but otherwise not later than the next working day.
You must report any damage that you or your invitees have caused to contributed to in The Innovation Lab immediately to us.
Permitted use
You must only use The Innovation Lab for the purposes/activity you identified in your booking form. You may not change the nature or scale of your activity without providing prior written notice to us and we then confirm in writing that the variation is approved.
Without limiting your obligations, you must ensure that neither you nor your invitees:
● smoke or use e-cigarettes in The Innovation Lab, kitchenette or any of the toilets or bathrooms provided.
● engage in any illegal conduct whilst on our premises.
● deface or damage any walls or other surfaces including equipment, monitors, tables and chairs that comprise or form part of The Innovation Lab; kitchenette or toilets and bathrooms provided for use by you and your invitees.
Compliance with the law
You must, and you must procure that your invitees must, at all times comply with all laws relevant to your hire and use of The Innovation Lab, kitchenette and any toilets and bathrooms provided for use by you and your invitees.
Alcohol
You and your invitees must not bring alcohol into The Innovation Lab nor consume any alcohol in The Innovation Lab, unless we expressly authorise, in writing, such conduct.
Wi-Fi Service
By using our Wi-Fi service, you expressly acknowledge and agree that:
● there are significant security, privacy and confidentiality risks inherent in accessing or transmitting information through the internet, whether the connection is facilitated through wired or wireless technology. Security issues include, without limitation, interception of transmissions, loss of data, and the introduction or viruses and other programs that can corrupt or damage your computer.
● the Wi-Fi service is open and unrestricted.
● Users of the Wi-Fi service are strongly advised to ensure that they have all reasonable security measures in place on their own devices Wi-Fi service restrictions and conditions.
Use of the Wi-Fi service is subject to the general restrictions outlined below:
● if abnormal, illegal, or unauthorised behaviour is detected, including heavy consumption of bandwidth, we reserve the right to permanently disconnect the offending device from the Wi-Fi service.
● the Wi-Fi service provides access to the internet on an "as is" basis with all risks inherent in such access. The providers of the Service make no warranty that the Wi Fi service is free of viruses, worms, trojan horses or other harmful components. By connecting, the user acknowledges and accepts the risks associated with public access to the Internet and public use of an unsecured wireless network. No technical support will be provided to users of the Wi-Fi Service.
● the Wi-Fi service is provided on an "as available" basis without warranties of any kind, either expressed or implied, that the Wi-Fi service will be unrestricted full internet access, uninterrupted or error-free, including but not limited to vagaries of weather, disruption of service, acts of God, warranties of title, non-infringement, nor implied warranties of merchantability or fitness for a particular purpose. No advice or information given by the providers, affiliates, or contractors of the service or their respective employees shall create such a warranty.
● Under no circumstances shall we be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from user's use of or inability to use the Wi-Fi service or to access the Internet or any part thereof, or user's reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance. Further, you agree that we are not liable for any interception or transmissions, computer worms or viruses, loss of data, file corruption, hacking or damage to your computer or other devices that result from the transmission or download of information or materials through the Wi-Fi service provided.
Governing law
The Terms of Use are governed by the laws of the State of Victoria and the parties submit to the non-exclusive jurisdiction of the courts and tribunals of the State of Victoria.
You must not assign your rights.
You must not assign or otherwise dispose of all or any of its rights under this agreement, without our prior written approval, which we will not unreasonably withhold.
Liability
Nothing in the Terms of Use exclude or limit any rights and remedies that you may have under the Australian Consumer Law set out in schedule 2 of the Competition and Consumer Act 2010 (Cth).
22 Rules of construction
In the interpretation of this agreement, no rule of contract interpretation applies to the disadvantage of one party on the basis that it put forward this agreement or any part of it.
Headings do not affect the interpretation of this agreement.
A reference to $, AUD or dollar is to the lawful currency of the Commonwealth of Australia.
The singular includes the plural and vice-versa.
Where an expression is defined, any other part of speech or grammatical form of that expression has a corresponding meaning.
Definitions
In these Terms of use, the following words have the following meaning:
Innovation Lab means an area controlled by us and which is located on level 4, 380 Collins Street Melbourne Victoria 3000.
Invitees means you, your officers, employees, your volunteers, your contractors, your customers/clients and any others that you invite into or allow into The Innovation Lab.
Us, we, our or derivatives of any those terms means Cornwalls.
You, your or derivatives of any of these terms means the person, company or other legal entity identified in the booking form as being responsible for the booking.
Contact information
Trade name: The Innovation Lab
Phone number: 0458440343
Email: a.strangis@cornwalls.com.au
Physical address: Cornwalls, 380 Collins Street, Melbourne VIC 3000, Australia
ABN: 19 738 311 557