Terms and Conditions

Last Update 19 November 2018.

Important Notice

1. Mimu supports the Responsible Service of Alcohol. It is an offense for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or Purchase to serve, sell or supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age.
2. Any user under 18 years of age found to be using Mimu to attempt to purchase alcohol will have their account blocked and be unable to use Mimu in the future.
3. By registering an account with us, you acknowledge and agree that you understand the prohibition on the sale and supply of liquor to minors and you confirm that you are at least 18 years of age.
4. This terms of Service Agreement (this “Agreement”) is an agreement between you (whom we refer to as "you", "your" or the "Customer" in this Agreement) and Mimu Group Pty Ltd trading as Mimu (we refer to ourselves as "Mimu", "we" or "us" or "our" in this Agreement).
5. We operate www.mimu.com.au, the mobile site and the mobile application (collectively referred to as the "Sites).
6. Please read this Agreement carefully.
7. In purchasing any Products by using the Sites or by transacting through or on them, you are agreeing to the terms and conditions of this Agreement.
8. We may change this Agreement at any time without notice. The most current version of this Agreement will be published on the Sites. Use of the Sites or purchase of any Products or Services after a change has been made to the Agreement and after you have been made aware of the change will be deemed an acceptance of the change.

Your statutory rights:

9. As a consumer, nothing in this Agreement affects your non-excludable statutory rights.

Use of the Sites and the Service

10. Minimum Age: You must be at least 18 years of age to use the Sites, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
11. Responsible serving of alcohol: The Products are supplied to you by our registered Venues. However, we reserve the right to decline or cancel any Order and Purchase by you if we reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of alcohol.
12. Registration: You must Register in order to Order and Purchase from the Sites. To Register you need to supply us with your name, date of birth, address, email address, contact details and possibly some other personal information. You must provide accurate and complete information. See our Privacy Policy for more details about this. A failure by you to provide correct and/or accurate personal information to us, or the provision by you of false or misleading information is a breach of this Agreement.
13. Passwords: Once you finish Registration, you must keep the password confidential and immediately notify us if any unauthorised third party becomes aware of that password or if there is any unauthorised use of your account or any breach of security known to you. You may never use another person’s account or allow any other person to use your account. You are solely responsible for the activity that occurs on your account and you must keep your password secure.
14. Closing accounts: We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple registration accounts, or if a non-Australian user pretends to be a user, or disrupts the Sites or the Service in any way or if we believe that the user is a Minor.

Relationship

15. We are the operator of the Site and we assist our associated Venues to comply with their liquor licensing requirements. Mimu is not a supplier of alcohol.
16. Use of the Sites is always at the discretion of the venue.
17. Mimu disclaims any liability for the actions and decisions made by the venue.

Purchase of Products

18. Requirements: You may only place an Order if you meet the following requirements:
a. You are not a Minor;
b. You are not Purchasing on behalf of, or with the intention to supply to, a Minor;
c. You are located on licensed premises;
d. The order time of the Products is within the licensed operating hours;
e. You agree to make payment to us for the Order Price;
f. You agree and acknowledge that we abide by the Responsible Service of Alcohol regulations.

19. If you have insufficient funds in your account your order will not be finalised and you will be notified through the application.
20. Purchases can only be collected by demonstrating the unique order code on your mobile phone and confirmation from staff.
21. A 30c service charge will be added to the each of the transaction, to cover the cost of the merchant transfer fee.
22. The Braintree gateway verifies credit cards by running either a $0 or $1 authorisation and then automatically voiding it. For most processors and card brands, transactions are initially tried with a $0 authorization. If $0 authorizations are not supported, a $1 authorization will be performed automatically. In any instance where a $1 authorization returns a successful result, we immediately follow up with an automatic void request to ensure that the transaction does not settle and that it disappears from the cardholder's statement as soon as possible.

Refunds & Returns

23. As part of our standard terms of service, we will ensure that all products provided meet Consumer Guarantees as defined by Australian Consumer Law.
24. You agree that you cannot change or cancel an order once payment has been confirmed.
25. If you are unsatisfied with the products provided or if the products provided are not as advertised and or a major problem is identified with the product, please contact us to find out more about our refunds & returns policies.Venues may dispose of non-collected drinks after any reasonable time within their discretion.
26. No refund is offered for drinks which are made available but not collected by you.

Suspension and Termination

27. If you use the Sites or Service in contravention of this Agreement, we may suspend your use of the Service and/or Sites (in whole or in part).
28. We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
29. Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Privacy

30. All transaction history will be recorded by Mimu and will be accessible through the app for the User.
31. Please see our Privacy Policy which is incorporated into and forms part of this Agreement. We may update its Privacy Policy from time to time with the most current version located on www.mimu.com.au/privacypolicy. By using the Sites, You consent to Mimu collecting, storing and using the information submitted in accordance with the Privacy Policy.

General

32. All transaction history wIf we are involved in a merger, acquisition, asset sale or change in control, we may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to you so that in the future, the Services are provided by a different party. In such circumstances, we reserve the right to transfer or assign your personal information as provided in our Privacy Policy.
33. All prices are in Australian Dollars.
34. Except where indicated otherwise, prices include GST.
35. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
36. This Agreement and our Privacy Policy contains all the terms agreed between us and you regarding its subject matter. The Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Sites.
37. If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
38. This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Western Australia and both parties hereby submit to the exclusive jurisdiction of the courts of Western Australia.ill be recorded by Mimu and will be accessible through the app for the User.

Important Notice

1. Mimu supports the Responsible Service of Alcohol. It is an offense for a person under the age of 18 years of age to falsely represent themselves to be of, or over 18 years of age. We reserve the right to refuse to enter into the Agreement or accept an Order or Purchase to serve, sell or supply Products to any person we suspect to be under 18 years of age, or who is unable to satisfy us that they are 18 years of age or over, or who we reasonably suspect is going to supply alcohol to a person under 18 years of age.
2. Responsible Service of Alcohol remains the responsibility of the Venue.
3. Any user under 18 years of age found to be using Mimu to attempt to purchase alcohol will have their account blocked and be unable to use Mimu in the future.
4. This terms of Service Agreement (this “Agreement”) is an agreement between you (whom we refer to as "you", "your" or the "Customer" in this Agreement) and Mimu Group Pty Ltd trading as Mimu (we refer to ourselves as "Mimu", "we" or "us" or "our" in this Agreement).
5. We operate www.mimu.com.au, the mobile site and the mobile application (collectively referred to as the "Sites).
6. Please read this Agreement carefully.
7. By using the Sites or by transacting through or on them, you are agreeing to the terms and conditions of this Agreement.
8. We may change this Agreement at any time without notice. The most current version of this Agreement will be published on the Sites. Use of the Sites or purchase of any Products or Services after a change has been made to the Agreement and after you have been made aware of the change will be deemed an acceptance of the change.

Use of the Sites and the Service

9. Minimum Age: Users must be at least 18 years of age to use the Sites, the Service and to make any Order and Purchase. Please refer to the 'IMPORTANT NOTICE' above.
10. Responsible serving of alcohol: The Products are supplied to Users by our registered Venues. However, we reserve the right to decline or cancel any Order and Purchase by you if we reasonably believe that such Order or Purchase is or may be in breach of the applicable laws and regulations in relation to the sale and supply of alcohol.
11. Registration: Users must Register in order to Order and Purchase from the Sites. To Register you need to supply us with your name, date of birth, address, email address, contact details and possibly some other personal information. You must provide accurate and complete information. See our Privacy Policy for more details about this. A failure by you to provide correct and/or accurate personal information to us, or the provision by you of false or misleading information is a breach of this Agreement.
12. Transaction fee: The venue agrees to pay a 1.75% transaction fee on all orders made through the Mimu site, to cover the cost of merchant transaction costs. Transaction fees are subject to changes however venues will be provided with 1 month notice before change.
13. Subscription period: The venue agrees to a minimum subscription period of 1 month at a cost of $500 per month, subscription fees may vary by exception if agreed with Mimu.
14. Account settlement: Mimu’s account with the venue will be paid at the close of business on Friday of every week.

Relationship

15. We are the operator of the Site and we assist our associated Venues to comply with their liquor licensing requirements. Mimu is not a supplier of alcohol.
16. Use of the Sites is always at the discretion of the venue.
17. Mimu disclaims any liability for the actions and decisions made by the venue.

Purchase of Products

18. If the Venue declines to serve a User, the Venue must send an email to Mimu detailing the following:
a. Date;
b. Time;
c. User Name;
d. Reason for refusal;
e. Transaction cost;
f. Order number.

19. There are no limitations on Venue owners investing in Mimu.
20. Venues must allow Mimu to promote within the venue.
21. Venues must agree to clearly display and communicate Mimu Collection point.
22. Mimu is not obliged to meet any refunds given to Users at the Venue’s discretion.
23. Mimu reserves the right to prioritize the drinks menus

Refunds & Returns

24. Venues may dispose of non-collected drinks after any reasonable time within their discretion. No refund is offered for drinks which are made available but not collected by Users.
25. Mimu is not obliged to meet any refunds given to Users at the Venue’s discretion.

Suspension and Termination

26. If you use the Sites or Service in contravention of this Agreement, we may suspend your use of the Service and/or Sites (in whole or in part).
27. We shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone in breach of this Agreement.
28. Our rights to terminate this Agreement shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.

Privacy and Data

29. All transaction history will be recorded by Mimu and will be accessible through the app for the User.
30. Please see our Privacy Policy which is incorporated into and forms part of this Agreement. We may update its Privacy Policy from time to time with the most current version located on www.mimu.com.au/privacypolicy.
31. All sales and User data remains the property of Mimu.
32. Specific Venue data will be shared with the Venue applicable to its Venue Agreement with Mimu.

General

33. If we are involved in a merger, acquisition, asset sale or change in control, we may assign, novate or otherwise transfer its rights and obligations that arise under these terms without reference to you so that in the future, the Services are provided by a different party. In such circumstances, we reserve the right to transfer or assign your personal information as provided in our Privacy Policy.
34. All prices are in Australian Dollars.
35. Except where indicated otherwise, prices include GST.
36. No other terms: Except as expressly stated in this Agreement, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.
37. This Agreement and our Privacy Policy contains all the terms agreed between us and you regarding its subject matter. The Service is provided to you under our operating rules, policies, and procedures as published from time to time on the Sites.
38. If any provision of this Agreement is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and where capable the validity and enforceability of the remaining provisions of this agreement shall not be affected.
39. This Agreement (and all non-contractual relationships between you and us) shall be governed by and construed in accordance with the law of Western Australia and both parties hereby submit to the exclusive jurisdiction of the courts of Western Australia.
40. Hardware provided by Mimu for use by the venue will remain the property of Mimu.