Website Terms of Use

1. INTRODUCTION AND ACCEPTANCE

1.1 Agreement to Terms

These Website Terms of Use (Terms) govern your access to and use of the Nyburbs website located at www.nyburbs.com.au and any associated mobile applications (collectively, the Website), operated by ANSOW PENDURTHI PTY LTD (ABN 64 690 470 805) trading as Nyburbs (we, us, our, Nyburbs).

1.2 Binding Agreement

By accessing or using the Website, you agree to be bound by these Terms. If you do not agree with these Terms, you must not access or use the Website. Your continued use of the Website constitutes acceptance of these Terms as they may be amended from time to time.

1.3 Related Documents

These Terms should be read in conjunction with our:

• Terms and Conditions (governing use of the marketplace platform);
• Privacy Policy (governing collection and use of personal information);
• Cookie Policy (governing use of cookies and tracking technologies).

2. WEBSITE PURPOSE AND SCOPE

2.1 Platform Description

The Website provides a digital marketplace platform that connects customers seeking professional services with qualified service providers. Services currently to be offered through the platform include home chef and cooking services, home salon services, pest control, gardening, photography, and other home services as may be added from time to time.

2.2 Information Only

The Website provides information about services available through the Nyburbs platform. The actual provision of services is governed by separate contractual arrangements between customers and service providers. Nyburbs acts solely as a facilitator and intermediary.

3. ELIGIBILITY AND REGISTRATION

3.1 Age Requirement

You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are 18 years of age or older and have the legal capacity to enter into binding agreements.

3.2 Account Registration

Certain features of the Website require registration of an account. You agree to provide accurate, current, and complete information during registration and to maintain and update such information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Geographic Limitations

The Website is intended for use by persons located in Australia. We make no representation that materials on the Website are appropriate or available for use in other locations. If you access the Website from outside Australia, you do so at your own risk and are responsible for compliance with local laws.

4. PERMITTED USE

4.1 License to Use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal, non-commercial purposes. This license does not include any right to:

• copy, modify, or create derivative works of the Website or its content;
• distribute, transmit, broadcast, or otherwise make available the Website or its content;
• use the Website for any commercial purpose without our express written consent;
• reverse engineer, decompile, or disassemble any software or technology underlying the Website.

4.2 Acceptable Use

You agree to use the Website only for lawful purposes and in accordance with these Terms. You must not:

• use the Website in any manner that violates applicable laws or regulations;
• transmit or upload viruses, malware, or other harmful code;
• attempt to gain unauthorized access to the Website, servers, or networks;
• interfere with or disrupt the integrity or performance of the Website;
• collect or harvest personal information of other users without their consent;
• impersonate any person or entity or falsely represent your affiliation;
• engage in any activity that could damage, disable, or impair the Website.

5. INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership of Website Content

All content on the Website, including but not limited to text, graphics, logos, images, photographs, audio clips, video clips, data compilations, page layout, underlying code, and software (Website Content), is the property of Nyburbs or its content suppliers and is protected by Australian and international intellectual property laws.

5.2 Trademarks

Nyburbs, the Nyburbs logo, and other marks indicated on the Website are trademarks or registered trademarks of ANSOW PENDURTHI PTY LTD in Australia and other countries. All other trademarks, service marks, and logos used on the Website are the trademarks of their respective owners.

5.3 Copyright Notice

© 2025 ANSOW PENDURTHI PTY LTD. All rights reserved. No part of the Website Content may be reproduced, distributed, or transmitted in any form or by any means without our prior written permission.

5.4 User-Generated Content

If you upload, post, or submit any content to the Website (including reviews, comments, photographs, or other materials), you grant us a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media for the purpose of operating, promoting, and improving the Website and our services.

6. THIRD-PARTY LINKS AND CONTENT

6.1 External Links

The Website may contain links to third-party websites, applications, or services that are not owned or controlled by Nyburbs. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services.

6.2 No Endorsement

The inclusion of any link does not imply endorsement by Nyburbs of the linked website or service. You access third-party websites and services at your own risk and should review their terms and conditions and privacy policies.

7. DISCLAIMERS AND LIMITATIONS

7.1 Website Provided 'As Is'

The Website and all Website Content are provided on an 'as is' and 'as available' basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• warranties of merchantability, fitness for a particular purpose, and non-infringement;
• warranties that the Website will be uninterrupted, error-free, or secure;
• warranties regarding the accuracy, reliability, or completeness of Website Content.

7.2 No Professional Advice

Information on the Website is provided for general informational purposes only and does not constitute professional advice. You should not rely on Website Content as a substitute for professional advice specific to your circumstances. We recommend consulting qualified professionals before making decisions based on Website Content.

7.3 Limitation of Liability

To the maximum extent permitted by law, Nyburbs and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or relating to:

• your access to or use of (or inability to access or use) the Website;
• any content obtained from the Website;
• unauthorized access to or alteration of your transmissions or data;
• any other matter relating to the Website.

7.4 Consumer Rights

Nothing in these Terms excludes, restricts, or modifies any consumer rights under the Australian Consumer Law or other applicable laws that cannot be excluded, restricted, or modified by agreement. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is limited, at our option, to the re-supply of the services or payment of the cost of having the services re-supplied.

8. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Nyburbs and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, expenses (including reasonable legal fees), arising out of or relating to:

• your use of or inability to use the Website;
• your violation of these Terms;
• your violation of any rights of another person or entity;
• any content you submit, post, or transmit through the Website.

9. PRIVACY AND DATA PROTECTION

Your use of the Website is subject to our Privacy Policy, which explains how we collect, use, disclose, and protect your personal information in accordance with the Australian Privacy Principles. By using the Website, you consent to our data practices as described in the Privacy Policy. Please review our Privacy Policy carefully before using the Website.

10. COOKIES AND TRACKING TECHNOLOGIES

The Website uses cookies and similar tracking technologies to enhance user experience, analyze usage patterns, and facilitate certain features. Our use of cookies is described in detail in our Cookie Policy. By continuing to use the Website, you consent to our use of cookies in accordance with our Cookie Policy.

11. MODIFICATIONS TO WEBSITE AND TERMS

11.1 Website Modifications

We reserve the right to modify, suspend, or discontinue the Website (or any part thereof) at any time without notice or liability. We may also impose limits on certain features or restrict access to parts or all of the Website without notice or liability.

11.2 Changes to Terms

We may revise these Terms at any time by posting an updated version on the Website. The 'Last Updated' date at the beginning of these Terms indicates when they were last revised. Material changes will be notified by prominent notice on the Website or by email (where we hold your email address) at least 30 days prior to the changes taking effect. Your continued use of the Website after the effective date of revised Terms constitutes your acceptance of the changes.

12. TERMINATION

12.1 Termination by You

You may cease using the Website at any time. If you have registered an account, you may close your account by contacting us at support@nyburbs.com.au.

12.2 Termination by Us

We may terminate or suspend your access to the Website immediately, without prior notice or liability, for any reason, including but not limited to breach of these Terms. Upon termination, your right to use the Website will immediately cease.

12.3 Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, disclaimers, limitations of liability, and indemnification.

13. GOVERNING LAW AND JURISDICTION

13.1 Applicable Law

These Terms are governed by and construed in accordance with the laws of Victoria, Australia, without regard to its conflict of law provisions.

13.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts of Victoria, Australia, for the resolution of any disputes arising out of or relating to these Terms or your use of the Website.

14. GENERAL PROVISIONS

14.1 Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and Terms and Conditions, constitute the entire agreement between you and Nyburbs regarding your use of the Website and supersede all prior agreements and understandings.

14.2 Severability

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

14.3 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign or transfer these Terms without restriction.

14.5 Contact Details

For questions or concerns regarding these Terms, please contact us using the details in clause 15.