Mobile Terms & Conditions

2.1 Marketplace Model

Nyburbs operates as a marketplace facilitator only. Nyburbs connects Vendors with Customers but is not a party to the underlying transaction between a Vendor and a Customer. Nyburbs does not prepare, inspect, verify the quality of, or take possession of any goods or services listed by Vendors.

2.2 Independent Contractor Status

Vendors are independent contractors (not employees, agents, partners, or joint venturers of Nyburbs). Vendors are solely responsible for:

• All tax obligations arising from their business income, including GST registration where applicable;
• Compliance with all applicable laws, regulations, codes, and licences for their business type; and
• All aspects of service delivery, quality, safety, and customer interaction.

2.3 Merchant of Record

For payment processing purposes, Nyburbs is the merchant of record on all Stripe charges. Customers' bank statements will display 'Nyburbs' as the payee. This is a payment infrastructure arrangement and does not alter the independent contractor relationship.

2.4 No Guarantee of Orders or Revenue

Nyburbs does not guarantee that any Vendor will receive Orders, achieve any particular revenue level, or maintain any particular search ranking. Listing on the Platform is not an assurance of commercial success.

3.1 Eligibility Requirements

To register as a Vendor, you must:

• Be at least 18 years of age;
• Hold a valid Australian Business Number (ABN);
• Hold all licences, permits, registrations, and approvals required by law for your business type and location (including council approvals and food safety certifications for Local Kitchen Vendors);
• Be legally entitled to work and operate a business in Australia; and
• Not be subject to any court order, regulatory action, or insolvency proceeding that would prevent you from operating.

3.2 Registration Process

Registration requires completion of a 3-step onboarding process:

• Step 1: Business Information: business name, description, type, location, service method, availability schedule, and service locations;
• Step 2: Licence & Compliance: ABN declaration, optional business licence and council registration details, NDIS status (optional information collected from vendors for analytical purposes for future platform enhancements only), and agreement to these Terms.

All information provided must be accurate, complete, and kept up to date. Nyburbs may suspend or terminate accounts where false or misleading information is discovered.

3.3 ABN & Licence Verification

In v1.0, ABN and licence details are self-declared. By submitting this information, you make a declaration that it is accurate and current. Nyburbs reserves the right to request supporting documentation at any time. If information is found to be false, your account may be immediately suspended or permanently removed from the Platform.

3.4 Account Security

Your account is secured via one-time passwords (OTPs) sent to your registered email address. You are responsible for maintaining confidentiality of your account and for all activities conducted under it. Notify Nyburbs immediately at support@nyburbs.com.au if you suspect unauthorised access.

4.1 Scope of Local Kitchen

The Local Kitchen category covers:

• Home-based cooking: food prepared and/or sold from a residential premises;
• Restaurant services: food services offered from a fixed commercial kitchen or dining premises;
• Event catering: food provision for private or corporate events;
• Cooking classes: instruction-based food preparation services; and
• Private chef services: personalised food preparation at a client's premises.

4.2 Mandatory Food Safety Compliance

All Local Kitchen Vendors must, at all times:

• Hold a current food handler's certificate from an accredited provider recognised under the Australia New Zealand Food Standards Code (FSC);
• Comply with the Food Act 1984 (Vic) and Food Safety Standards 3.2.2 and 3.2.3 of the FSC (or equivalent legislation in their operating State/Territory);
• Register their food premises with the relevant local council (this applies to home-based kitchens in most Victorian local government areas; Vendors must verify their council's specific requirements);
• Maintain their cooking premises in a clean, hygienic condition compliant with food safety standards;
• Adhere to appropriate temperature control, storage, and handling practices for all listed food types;
• Accurately disclose all allergens present in each dish, using the allergen fields in the menu management interface; and
• Accurately disclose all dietary classifications (Halal, Kosher, Gluten-Free, Vegan, etc.) and not misrepresent any ingredient or preparation method.

4.3 NDIS Providers: Local Kitchen

Vendors selecting "NDIS Registered Provider" status confirm they hold current registration with the NDIS Quality and Safeguards Commission and comply with applicable NDIS Practice Standards. Vendors selecting "Non-registered Provider" confirm they only service self-managed and plan-managed NDIS participants, as permitted under the NDIS Act 2013 (Cth). This is an optional information collected from vendors for analytical purposes for future platform enhancements only.

4.4 Halal & Kosher Certification

Vendors who classify items as "Halal" or "Kosher" represent that those items have been prepared in accordance with the relevant religious requirements. Vendors are responsible for obtaining and maintaining any required certification. Nyburbs does not independently verify these certifications and accepts no liability for misrepresentation.

4.5 Alcohol

The supply of alcohol is not a permitted service on the Platform. No Vendor may list, offer, or supply alcoholic beverages through the Platform, regardless of whether they hold a liquor licence.

4.6 Delivery: Additional Food Safety Obligations

Local Kitchen Vendors who enable delivery must maintain adequate temperature control, use hygienic sealed packaging, and comply with any local council or health authority requirements regarding food delivery from their premises. Refer to Section 10 (Vendor Self-Delivery Policy).

4.7 Menu Accuracy

Vendors are solely responsible for the accuracy of all menu listings, including ingredients, allergens, dietary classifications, preparation times, and pricing. Vendors must not misrepresent the nature, quality, or composition of any food item, or list items that are not actually available.

5.1 Vendor Responsibility

Vendors are solely responsible for creating, maintaining, and updating their menu via the Platform's menu management tools. Nyburbs provides these tools but does not review, approve, or endorse individual listings.

5.2 Today's Menu & Availability Toggling

Vendors may toggle individual dishes on or off for the current trading day. Toggled-off items will not be shown to Customers. Toggles reset daily. Vendors should keep their menu current to avoid Customer disputes and unnecessary cancellations.

5.3 Stock Limits

Vendors may set daily stock limits per item. Once a limit is reached, the item is automatically hidden from Customers. Vendors are responsible for setting accurate limits. Nyburbs is not liable for situations arising from incorrectly set stock limits.

5.4 Promotional Offers

Vendors may enable platform-wide promotional discounts via the Promotional Offers screen. Promotions apply uniformly to eligible items across the defined promotion period. Commission is calculated on the pre-discount Order subtotal unless otherwise agreed in writing with Nyburbs.

6.1 Order Acceptance Window

Vendors have a 10-minute window to accept or decline each new incoming Order. Failure to respond results in automatic Order expiry. Repeated failure to respond will negatively impact the Vendor's platform ranking.

6.2 Order Types

• Instant Orders: for immediate preparation and collection or delivery.
• Scheduled Orders: placed in advance for a specified future pickup/delivery time. Vendors must honour the scheduled time.

6.3 Accepting an Order

By tapping 'Accept Order', the Vendor enters a binding commitment to prepare and fulfil the Order. Vendors must begin preparation without unreasonable delay, mark Orders as 'Ready for Pickup' promptly upon completion, and remain contactable during active Order periods.

6.4 Order Completion: OTP

An Order is only marked complete when the Customer provides a 4-digit OTP and the Vendor enters it into the Platform. OTP entry constitutes:

• Vendor confirmation that the Order was delivered or collected by the Customer;
• Customer acceptance of the Order as received; and
• Trigger for the payout cycle on the Vendor's Connected Account.

Vendors must not mark an Order complete without valid OTP entry from the Customer.

8.1 Payment Processing via Stripe

All payments are processed via Stripe Connect (Destination Charges model). Nyburbs is the merchant of record. Customers are charged in Australian Dollars (AUD) via Stripe at the time of Order placement.

8.2 Commission Deduction

Nyburbs deducts a Commission of 10% (or such other rate as notified to you with at least 14 days' written notice) from each Order subtotal. Stripe's processing fee (currently 1.75% + $0.30 AUD for domestic cards) is also deducted before your Net Payout is calculated.

8.3 Worked Payment Example

The following table represents a worked payment calculation for a transaction valued at $100.00:

Commission rates and Stripe fee schedules are subject to change. Nyburbs will provide 14 days' written notice via the app or registered email before any rate change takes effect.

8.4 Bank Account Connection & Payouts

To receive payouts you must connect a valid Australian bank account (BSB + Account Number) via the Stripe Connect onboarding flow in the Vendor App. Payouts are not initiated until your Stripe Connected Account has payouts_enabled = true. Payout schedule is configured at the platform level (T+2 rolling automatic or as otherwise determined by Nyburbs). Vendors cannot self-select payout frequency.

8.5 Payout Statuses

Payout states are monitored in the application via the following statuses:

• Queued (orange): payout initiated and in transit to your bank account.
• Credited (green): payout successfully received by your bank account.
• Failed (red): payout unsuccessful; refer to the reason displayed and contact Support.
• Withheld (red): payout held pending review of a policy violation or cancellation penalty.

8.6 GST & Tax Obligations

Vendors are solely responsible for all income tax, GST, and other tax liabilities arising from their use of the Platform. GST registration is required when annual turnover reaches the applicable threshold ($75,000 AUD under the A New Tax System (Goods and Services Tax) Act 1999 (Cth)). Nyburbs does not collect or remit GST on Vendors' behalf and does not provide tax advice.

9.1 Customer Refunds

Nyburbs may issue refunds to Customers in accordance with the Nyburbs Cancellation, Refund & Vendor Delivery Policy v1.0. Where a refund is issued due to Vendor fault (cancellation, quality failure, incorrect item):

• The Customer receives a 100% refund (processed within 3 to 5 business days);
• Commission and Net Payout are reversed from the Vendor's Connected Account; and
• If the Vendor's Connected Account balance is insufficient, Nyburbs may initiate a debit against the Vendor's linked bank account via Stripe's negative balance recovery mechanism; you consent to this at Stripe onboarding.

9.2 Post-Delivery Disputes

Customers may raise a dispute within 48 hours of Order completion. Vendors will be notified and given a 24-hour window to respond with evidence. Nyburbs' determination is final for platform purposes, subject to any rights that cannot be excluded under Australian law.

9.3 Chargebacks

In the event of a Customer chargeback, Nyburbs (as merchant of record) is liable to Stripe for the disputed amount plus Stripe's dispute fee (~$15 AUD). If the chargeback relates to Vendor fault, Nyburbs will initiate a transfer reversal to recover funds from the Vendor's Connected Account.

9.4 Australian Consumer Law Guarantee

Nothing in these Terms limits, excludes, or modifies any guarantee, right, or remedy implied by the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or any other law that cannot lawfully be excluded.

10.1 Nyburbs Intellectual Property

All Platform software, design, trademarks, logos, data, and content (excluding Vendor content) are owned by or licensed to Nyburbs. You may not copy, reproduce, distribute, or use Nyburbs' intellectual property without prior written consent.

10.2 Vendor Content Licence

By uploading photos, descriptions, menu listings, and other content ('Vendor Content') to the Platform, you grant Nyburbs a non-exclusive, royalty-free, worldwide, perpetual licence to use, display, reproduce, and distribute your Vendor Content for the purposes of operating and promoting the Platform.

10.3 Warranty Regarding Vendor Content

You represent and warrant that you own or have the right to upload all Vendor Content, that it does not infringe any third party's rights, and that it is accurate and does not contain misleading or deceptive material.

11.1 Eligibility

Vendors who select "Only delivery" or "Both takeaway & delivery" during onboarding opt into Vendor Self-Delivery. Service locations must be defined at onboarding and are editable via Manage Availability.

11.2 Delivery Obligations

• Deliver within the quoted preparation plus estimated travel time;
• Contact the Customer if delivery is delayed by more than 15 minutes from the agreed time;
• Obtain the Customer's 4-digit OTP to confirm receipt; Orders cannot be marked complete without it;
• Maximum delivery radius: 15km from registered business address;
• Ensure your vehicle is roadworthy and appropriately insured; Nyburbs accepts no liability for delivery incidents;
• All payments are pre-collected via Stripe; no cash on delivery is permitted; and
• Maintain appropriate temperature and hygiene standards for food during transit.

11.3 Failed or Lost Deliveries

• Lost or damaged items: Vendor's sole responsibility; Customer receives a 100% refund; full Order value deducted from Vendor's pending payouts;
• Customer unreachable: Vendor must attempt contact for 10 minutes, take photographic evidence, and submit via the Order detail screen; refund is subject to support review within 4 hours; and
• Vendor unable to fulfil after accepting (e.g., vehicle breakdown): treated as last-minute cancellation; Customer receives 100% refund; Vendor receives 2 Strikes.

13.1 Termination by Vendor

You may close your account at any time by contacting support@nyburbs.com.au. Termination does not release you from obligations that accrued before termination, including outstanding Order commitments or payout holds.

13.2 Suspension or Termination by Nyburbs

Nyburbs may, at its discretion and with or without prior notice (depending on severity), suspend or terminate your account if you breach these Terms, accumulate 5 or more Strikes, provide false information, fail to hold required licences, engage in prohibited conduct, or are subject to regulatory action or insolvency.

13.3 Effect of Termination

Upon account termination:

• Your profile and listings are immediately removed from the Platform;
• Active Orders at the time of termination will be managed by Nyburbs support (Customers refunded in full);
• Pending payouts will be held for 30 days pending resolution of any outstanding disputes or refund obligations; and
• Sections that by their nature survive termination (IP licence, indemnity, limitation of liability, dispute resolution) continue to apply.

14.1 No Warranties

The Platform is provided 'as is' and 'as available'. To the maximum extent permitted by law, Nyburbs makes no warranties regarding the Platform's availability, fitness for a particular purpose, or error-free operation.

14.2 Exclusion of Consequential Loss

To the maximum extent permitted by Australian law, Nyburbs is not liable for any indirect, incidental, special, or consequential loss arising from your use of the Platform, including loss of revenue, profit, data, reputation, or business opportunity.

14.3 Liability Cap

Nyburbs' total aggregate liability to a Vendor is limited to the total Commission paid by the Vendor to Nyburbs in the 3-month period preceding the event giving rise to the claim.

14.4 Indemnity Obligations

You agree to indemnify and hold Nyburbs harmless from and against any claim, loss, liability, cost, or expense (including legal costs on a solicitor-and-own-client basis) arising from: your breach of these Terms; any food safety failure or personal injury arising from your goods or services; any misrepresentation regarding your licences or qualifications; or any infringement of a third party's rights by your Vendor Content.

15.1 Informal Resolution

Before commencing formal proceedings, you agree to first attempt to resolve any dispute with Nyburbs by contacting support@nyburbs.com.au and allowing Nyburbs 14 business days to respond.

15.2 Mediation

If informal resolution fails, either party may refer the dispute to mediation facilitated by the Resolution Institute in Melbourne, Victoria. Costs of mediation are shared equally unless the mediator directs otherwise.

15.3 Governing Law & Jurisdiction

These Terms are governed by the laws of Victoria, Australia. You irrevocably submit to the non-exclusive jurisdiction of the courts of Victoria and the Federal Court of Australia for resolution of any dispute that cannot be resolved informally or through mediation.

15.4 Australian Consumer Law Rights

Nothing in this Section limits or excludes any right under the Australian Consumer Law that cannot be excluded by agreement.

18.1 Entire Agreement

These Terms, together with the Nyburbs Privacy Policy, Cancellation & Refund Policy, and any plan-specific terms, constitute the entire agreement between Nyburbs and you with respect to the Platform.

18.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision is severed and the remaining provisions continue in full force.

18.3 Waiver

Failure by Nyburbs to enforce any right under these Terms does not constitute a waiver of that right.

18.4 Assignment

You may not assign your rights or obligations under these Terms without Nyburbs' prior written consent. Nyburbs may assign its rights at any time, including in connection with a merger, acquisition, or sale of assets.

18.5 Force Majeure

Nyburbs is not liable for any failure or delay caused by circumstances beyond its reasonable control, including natural disasters, pandemics, government restrictions, internet outages, or third-party service failures.

18.6 Contact Details