Cancellation & Refund Policy

1. Introduction

Ansow Pendurthi Pty Ltd ("Nyburbs", "we", "us", "our") operates a digital two sided marketplace platform ("Platform") that connects consumers with independent local businesses, including home-based food providers operating as Local Kitchens, service providers, and licensed operators across Australia. Nyburbs acts as a technology intermediary facilitating transactions. Nyburbs is not the direct provider of food or services unless expressly stated.

By accessing or using the Platform, all users agree to comply with this Policy as amended from time to time.

2. Definitions

In this Policy, unless the context otherwise requires:

• ACL means the Australian Consumer Law as contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).
• Business means any registered merchant, Local Kitchen operator, or service provider listed on and operating through the Platform.
• Consumer means any natural person placing an Order or making a booking through the Platform for personal, domestic, or household use.
• Force Majeure Event means an event beyond a party’s reasonable control, including but not limited to severe weather, power outages, road closures, public health emergencies, government restrictions, natural disasters, or internet/payment system outages.
• Local Kitchen means a home-based food business registered and operating in accordance with applicable Australian food safety legislation, including the Food Standards Australia New Zealand Act 1991 (Cth) and relevant state food safety regulations.
• Order means a food order, booking, reservation, or service request placed through the Platform.
• Platform means the Nyburbs Consumer App, Nyburbs Business App, website, and related digital infrastructure operated by Nyburbs.
• Platform Fees means fees charged by Nyburbs including service fees, processing fees, and administrative charges as disclosed at checkout.
• Refund means a reversal of eligible payment amounts to the original payment method or Nyburbs wallet/credits where applicable.

3. Scope of Application

This Policy applies to:

• All Orders placed through the Nyburbs Consumer App;
• All transactions and listings managed via the Nyburbs Business App; and
• All Local Kitchen food Orders specifically, which are subject to additional terms under Part 3 of this Policy.

4. Fairness Obligations

Nyburbs is committed to ensuring equitable outcomes for Consumers and Businesses. Both parties acknowledge that:

4.1 Consumer Acknowledgements

• Businesses commit time, labour, ingredients, preparation capacity, and operational resources once an Order is accepted;
• Certain food Orders and services cannot be cancelled once preparation has commenced;
• Refund eligibility is contingent on timing, the stage of preparation, delivery status, and the nature of any issue.

4.2 Business Acknowledgements

• Consumers must receive accurate descriptions, realistic estimated timings, and transparent cancellation terms prior to purchase;
• Failure to meet reasonable quality, hygiene, food safety, or operational standards may result in refunds, penalties, or Platform action;
• Businesses must not accept Orders they cannot reasonably fulfil.

5. Australian Consumer Law Rights

ACL Guarantee: Cannot Be Excluded

Nothing in this Policy limits, restricts, excludes, or modifies any consumer guarantee, right, or remedy available to Consumers under the ACL or any other applicable Commonwealth, State, or Territory legislation. Where a conflict arises between this Policy and the ACL, the ACL prevails.

Under the ACL, Consumers may be entitled to a remedy (including a refund, replacement, or compensation) where:

• Food or services do not meet a statutory consumer guarantee;
• Food is unsafe or unfit for human consumption;
• The goods or services materially differ from their description, sample, or demonstration;
• Services are not provided with due care and skill;
• Orders are not delivered within a reasonable timeframe; or
• Orders are incomplete or significantly deficient.

The remedy available under the ACL will depend on whether the failure is a major or minor failure as defined in the ACL.

6. Pre-Acceptance Cancellation

A Consumer may cancel an Order at any time prior to a Business accepting the Order through the Platform. In such circumstances:

• A full refund will be issued, including the Order value, applicable delivery charges, and Platform Fees;
• Refunds will be processed to the original payment method within the applicable processing timeframe of the Consumer’s financial institution;
• Nyburbs is not responsible for third-party banking or payment gateway delays.

7. Cancellation After Acceptance But Before Preparation

Where a Business has accepted the Order but food preparation has not yet commenced, the Consumer may request a cancellation. In such circumstances:

• The Consumer may be eligible for 80% or full refund at Nyburbs’ reasonable discretion;
• Nyburbs may retain payment gateway charges, transaction fees, or administrative costs actually incurred;
• The Business may retain reasonable compensation for preparation allocation or confirmed ingredient purchases, subject to Nyburbs approval;
• Refund determinations will be made by Nyburbs based on evidence provided by the Business.

8. Cancellation After Preparation Has Commenced

Once a Business has commenced food preparation:

• Orders generally cannot be cancelled;
• Refunds are ordinarily not available;
• Consumers may, in exceptional circumstances, contact Nyburbs Support to request a review.

Exceptional circumstances may include, without limitation:

• A significant and unreasonable delay caused by the Business;
• The Business’s inability to complete the Order;
• Reasonable food safety or hygiene concerns;
• The Order being materially incorrect or incomplete.

Any refund in exceptional circumstances is issued at Nyburbs’ sole and reasonable discretion.

9. Post-Dispatch and Post-Delivery Cancellations

Orders cannot be cancelled once:

• The Order has been dispatched for delivery;
• Delivery has commenced; or
• The Order has been delivered to or collected by the Consumer.

No refund will ordinarily be provided in these circumstances except as required under the ACL or as otherwise determined by Nyburbs following an investigation.

10. Consumer No-Show Policy

Where a Consumer:

• Fails to collect an Order within a reasonable time;
• Is unavailable or unresponsive during delivery;
• Has provided incorrect address or contact details; or
• Is unreachable at the time of delivery,

the Order may be deemed completed by Nyburbs. A refund will not ordinarily be provided in such circumstances. Additional re-delivery charges may apply where re-delivery is agreed to by the Business.

11. General Business Obligations

Businesses must use their best endeavours to avoid cancellations. A Business must not:

• Accept Orders it does not have reasonable capacity to fulfil;
• Intentionally or unreasonably delay the preparation or fulfilment of any Order;
• Cancel Orders for discriminatory, improper, or unlawful reasons; or
• Engage in conduct that is misleading, deceptive, or unconscionable within the meaning of the ACL.

12. Consequences of Business Cancellation

Where a Business cancels an accepted Order:

• The affected Consumer will receive a full refund for the cancelled Order;
• Nyburbs may apply operational penalties to the Business’s account;
• Repeated or pattern cancellations may result in reduced platform visibility, suspension of promotional access, or account review;
• Nyburbs reserves the right to suspend or terminate a Business’s account for persistent or serious breaches.

13. Business Delays and Operational Management

Businesses are required to:

• Maintain accurate and realistic preparation time estimates on their listings;
• Keep menu items and availability updated in real time;
• Notify Consumers promptly through the Contact details provided by customer during booking, for any anticipated delay or unavailability.

Nyburbs may, at its reasonable discretion, issue refunds, credits, or compensation to Consumers where:

• Delays are excessive and unreasonable;
• Food quality is materially impacted by operational mismanagement; or
• Orders are repeatedly mishandled by a Business.

14. Scheduled and Future-Dated Orders

14.1 Consumer Rights

• Consumers may cancel without penalty within the cancellation window disclosed at the time of checkout;
• Partial fees may be retained by Nyburbs or the Business if preparation planning or ingredient procurement has commenced prior to cancellation;
• The applicable cancellation window will be displayed prominently on the Order confirmation screen.

14.2 Business Rights

• Businesses may set reasonable advance notice requirements for cancellations of scheduled Orders;
• Businesses may establish defined cut-off periods for large catering or bulk food Orders, provided such terms are clearly disclosed prior to purchase and comply with the ACL;
• Terms that are unfair, misleading, or deceptive within the meaning of the ACL will not be enforceable.

15. Refund Mechanisms

Approved refunds will ordinarily be processed:

• Back to the Consumer’s original payment method (Stripe or other approved payment gateway); or
• As Nyburbs wallet credits or platform credits, where agreed by the Consumer.

Refund processing timeframes are subject to:

• The processing schedule of Stripe or the relevant payment gateway;
• The Consumer’s banking institution;
• Public holiday periods; and
• Fraud or security review processes.

Nyburbs is not liable for delays attributable to third-party payment providers or financial institutions.

16. Evidence and Investigation

Nyburbs reserves the right to:

• Request supporting evidence from Consumers, including photographs, screenshots, or written descriptions;
• Contact the relevant Business to obtain clarification or a response to a complaint;
• Conduct an internal investigation prior to making any refund determination;
• Decline refund requests that are found to be fraudulent, abusive, or unsupported by evidence.

17. Fraudulent and Abusive Conduct

Nyburbs reserves the right to take immediate action, including declining refund requests, suspending or terminating accounts, reversing credits or promotional offers, and restricting Platform access, where there is reasonable suspicion of:

• Repeated or pattern false complaints;
• Operation of multiple accounts for abusive purposes;
• Misuse of promotional offers or discount codes;
• Chargeback misuse or abuse;
• Threatening, harassing, or abusive conduct directed at Nyburbs staff, Businesses, or other users.

Nyburbs may require identity verification in connection with any investigation into suspected fraudulent or abusive conduct.

18. Payment Disputes and Chargebacks

Consumers are strongly encouraged to contact Nyburbs Support and attempt to resolve any payment dispute through the Platform’s internal resolution process before initiating a chargeback with their financial institution.

Where a chargeback is initiated by a Consumer:

• Nyburbs may provide all relevant transaction evidence to the payment provider in response;
• The Consumer’s account may be temporarily restricted pending investigation;
• A chargeback found to be fraudulent, vexatious, or without reasonable basis may result in permanent account suspension and, where appropriate, referral to relevant authorities.

19. Force Majeure

Neither Nyburbs nor any Business will be liable for any delay, failure to perform, or cancellation of an Order caused by a Force Majeure Event. In the event of a Force Majeure Event:

• Affected Orders may be cancelled without penalty;
• Refunds will be assessed on a case-by-case basis having regard to the circumstances;
• Nyburbs will use reasonable endeavours to notify affected Consumers and Businesses of the impact as soon as practicable.

Force Majeure Events include, without limitation: severe weather events, power outages, road or transport closures, public health emergencies, government-imposed restrictions or directions, natural disasters, and internet or payment system outages.

20. Technology Intermediary

Nyburbs operates as a technology platform and digital marketplace. In this role, Nyburbs:

• Does not prepare, handle, or deliver food or services directly;
• Does not independently employ Business operators;
• Does not independently verify every food item or service in real time;
• Is not a party to the contractual agreement between a Consumer and a Business for any individual Order.

Notwithstanding the above, Nyburbs may:

• Review and investigate Consumer and Business complaints;
• Suspend or remove Business listings for non-compliance;
• Investigate hygiene, compliance, or food safety concerns raised by Consumers or authorities;
• Assist in facilitating dispute resolution between Consumers and Businesses;
• Issue goodwill refunds or credits at its absolute discretion.

21. Business-Specific Cancellation Terms

Businesses may publish additional cancellation conditions on their listings, provided that such conditions:

• Comply in all respects with the ACL;
• Are clearly and prominently disclosed to Consumers prior to purchase;
• Are not unfair contract terms within the meaning of Part 2-3 of the ACL; and
• Are not misleading or deceptive within the meaning of Part 2-1 of the ACL.

Where any conflict exists between a Business’s additional terms and this Policy or the ACL:

• The ACL prevails to the extent of any inconsistency; and
• Nyburbs’ platform policies may override unreasonable or non-compliant Business terms.

22. Contact and Support

Consumers and Businesses may contact Nyburbs Support for assistance with refund requests and status enquiries, cancellation disputes, order issues or discrepancies, delivery complaints, and food safety or hygiene concerns. Nyburbs will endeavour to facilitate a fair and timely resolution but reserves final discretion in all Platform enforcement decisions.

Support Contact Details

23. Internal Dispute Resolution

Before initiating any external dispute resolution process or legal proceedings, users are required to:

• (a) Submit a formal complaint to Nyburbs Support in writing;
• (b) Allow Nyburbs a minimum of 10 business days to investigate and respond;
• (c) Engage in good faith with any resolution proposed by Nyburbs.

If a matter is not resolved through internal dispute resolution, Consumers may seek assistance from Consumer Affairs Victoria, the Australian Competition and Consumer Commission (ACCC), or the relevant state consumer protection authority.

24. Policy Updates

Nyburbs reserves the right to amend this Policy at any time. Updated versions will be published on the Platform and will become effective upon publication unless otherwise stated. Continued use of the Platform following publication of an updated Policy constitutes acceptance of the amended terms. Where a material amendment is made that adversely affects existing rights, Nyburbs will use reasonable endeavours to provide notice to registered users.

25. Governing Law and Jurisdiction

This Policy is governed by and is to be construed in accordance with the laws of the State of Victoria, Australia. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of Victoria, Australia, and courts competent to hear appeals from those courts, in respect of any proceedings arising out of or in connection with this Policy.

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