Nibi is operated by:

Nibi Ltd

Company Number: 17377423

Registered Office: London

Email: help@usenibi.com

Throughout these Terms and Conditions:

Nibi, we, us and our mean Nibi Ltd.

you and your mean the person using the Service.

Nibi is a technology platform that enables you to place Orders with participating Merchants.

Our role is to:

• provide and operate the Service;
• securely receive and hold your Order after you've paid;
• send your Order to your chosen Merchant at the right time;
• process payments through our authorised Payment Provider;
• manage your Account; and
• provide customer support.

Unless we expressly tell you otherwise, Nibi doesn't prepare, sell, package or supply the food or drinks you purchase.

We don't employ Merchant staff, manage their day-to-day operations or control how they prepare your Order.

Your Merchant is an independent business responsible for the products and services they provide.

Nothing in these Terms creates a partnership, employment relationship, franchise or agency between Nibi and any Merchant unless we've expressly agreed otherwise in writing.

To keep these Terms easy to read, some words have a specific meaning whenever they're capitalised.

Whenever we refer to sending an Order to your Merchant, this means the point at which the Order becomes a Triggered Order.

Nibi has one simple goal:

to help your Order reach your Merchant at the right time—so it's ready when you arrive, not before.

Every Order follows the same journey.

Step 1 – You place your Order

You choose your Merchant, select your items and complete payment.

Once you've paid, Nibi securely holds your Order.

Your Merchant hasn't received it yet and can't begin preparing it.

Step 2 – We send your Order

You decide how your Order is sent.

With Manual Triggering, you choose exactly when to send it.

With Automatic Triggering, Nibi sends it automatically when the conditions you've selected are met.

Only once we've successfully sent your Order does it become a Triggered Order.

Step 3 – Your Merchant prepares your Order

Once your Merchant receives your Order, they may begin preparing it immediately.

This is why cancellation or changes usually aren't possible after we've sent your Order.

Step 4 – You collect your Order

You collect your completed Order directly from your Merchant.

Your Merchant is responsible for preparing your Order, while Nibi continues to support your experience through the Service.

Many of the rights and responsibilities explained throughout these Terms depend on where your Order is within this journey, so it's helpful to keep these four steps in mind.

To help you understand who is responsible for what, here's a simple overview of how responsibilities are shared between you, Nibi and your Merchant.

Nibi's responsibilities

Nibi provides the technology that makes ordering ahead possible.

When you use the Service, we're responsible for:

• operating and maintaining the Nibi platform;
• securely receiving and holding your Order after payment;
• sending your Order to your chosen Merchant when you use Manual Triggering or when Automatic Triggering is activated;
• securely processing payments through our authorised Payment Provider;
• helping to keep your Account and personal information secure;
• providing customer support for the Service; and
• continually improving the features, reliability and security of the Service.

We'll always provide the Service with reasonable care and skill.

Your Merchant's responsibilities

Your Merchant is an independent business.

They're responsible for everything relating to the products you buy from them, including:

• menu descriptions;
• prices;
• product availability;
• ingredients and allergen information;
• preparing your Order;
• food quality and freshness;
• packaging;
• collection arrangements;
• compliance with food safety and hygiene laws; and
• resolving issues relating to the products they've supplied.

Your Merchant is also responsible for making reasonable efforts to prepare your Order within any estimated collection time they provide.

Your responsibilities

When using Nibi, you agree to:

• provide accurate information;
• review your Order before completing payment;
• choose the correct Merchant;
• keep your Account secure;
• use the Service lawfully and responsibly;
• collect your Order within any collection period advised by your Merchant; and
• let us know if you become aware of anything that could affect the security of your Account.

Further information about your responsibilities can be found in Part 3 – Using Nibi.

Who you're buying from

Although you place your Order through Nibi, the products you purchase are sold by your chosen Merchant.

This means your purchase contract for the food or drinks is generally between you and your Merchant.

Nibi isn't the seller of those products unless we've clearly stated otherwise.

If something goes wrong

The best place to resolve an issue depends on what has happened.

Contact Nibi if your issue relates to:

• your Account;
• payments;
• Orders that haven't yet been sent to your Merchant;
• technical problems with the Service;
• Automatic Triggering or Manual Triggering; or
• any other issue relating to how the Nibi platform operates.

Contact your Merchant if your issue relates to:

• incorrect items;
• food or drink quality;
• allergens or ingredients;
• missing items;
• preparation;
• collection; or
• anything relating to the products they've supplied.

If you're unsure who can best help, contact us first.

We'll always do our best to point you in the right direction and, where appropriate, work with your Merchant to help resolve the issue.

Nothing in this section limits any rights you have under applicable consumer law.

We want Nibi to be accessible, safe and enjoyable for everyone who uses it.

To use the Service, you must meet the following requirements.

You must be at least 16 years old

You must be at least 16 years old to create a Nibi Account or use the Service.

If you're under 16, you may only use Nibi where this is permitted by us and under the supervision of a parent or legal guardian.

You must be able to enter into a legal agreement

By creating an Account or placing an Order, you confirm that you're legally able to enter into a binding agreement under the laws that apply to you.

The information you provide must be accurate

When you create your Account, you agree to provide information that's accurate, complete and up to date.

If your details change, please update your Account as soon as reasonably possible so we can continue to provide the Service effectively.

One person, one Account

Unless we've agreed otherwise, each Account is intended for use by a single individual.

You mustn't create multiple Accounts to avoid restrictions, misuse promotions or gain an unfair advantage.

Business use

Nibi is primarily intended for personal, non-commercial use.

If you wish to use Nibi on behalf of a business or organisation, you must have the authority to do so and you agree that both you and that organisation may be responsible for complying with these Terms and Conditions.

When we may refuse or restrict access

In some circumstances, we may refuse to create an Account or restrict access to the Service.

For example, we may do this where:

• the information provided is false or misleading;
• we reasonably suspect fraud or unlawful activity;
• doing so is necessary to protect the security of the Service, our users or our Merchants;
• we're required to do so by law or a regulatory authority; or
• you've previously breached these Terms and Conditions in a serious or repeated way.

Where it's appropriate and lawful to do so, we'll explain the reason for our decision and, where possible, give you the opportunity to resolve the issue.

Nothing in this section affects any rights you have under applicable consumer law.

Creating a Nibi Account allows you to place Orders, manage your preferences, track your activity and access features available through the Service.

Creating your Account

When you create an Account, you'll need to provide certain information, such as your name, email address, telephone number or other details we reasonably request.

You agree that all information you provide is accurate, complete and up to date.

If any of your details change, please update your Account as soon as reasonably possible.

Keeping your Account secure

You're responsible for keeping your Account secure.

This includes taking reasonable steps to:

• keep your login credentials confidential;
• protect the devices you use to access Nibi;
• use strong passwords or other security methods where available;
• keep your contact details up to date; and
• sign out of shared or public devices when you've finished using the Service.

You should never share your Account with anyone else unless we've expressly allowed you to do so.

If you think someone has accessed your Account

If you believe your Account has been lost, stolen, compromised or accessed without your permission, please contact us as soon as possible at help@usenibi.com.

Once we're aware of a potential security issue, we may temporarily restrict access to your Account while we investigate and help secure it.

We'll always aim to restore access as quickly as it's safe to do so.

Keeping the Service secure

To help protect you, other users and our Merchants, we may monitor the Service for fraud, suspicious activity, security threats or misuse.

Where appropriate, we may:

• request additional information to verify your identity;
• delay or refuse certain transactions while checks are carried out;
• temporarily restrict access to parts of the Service;
• require you to reset your password or verify your contact details; or
• take any other reasonable steps necessary to protect the security of the Service.

We'll only do this where we reasonably believe it's necessary, proportionate or required by law.

Closing your Account

You can stop using Nibi and close your Account at any time by following the instructions within the Service or by contacting us.

Closing your Account won't automatically cancel any Orders that have already been sent to your Merchant or affect any rights or obligations that arose before your Account was closed.

In some circumstances, we may need to keep certain information after your Account has been closed to comply with legal, regulatory or security obligations. We explain how we do this in our Privacy Notice.

Verification

In some situations, we may ask you to verify your identity or confirm certain information before allowing you to access your Account or use particular features.

We'll only request information that's reasonably necessary to protect your Account, comply with legal obligations or help prevent fraud.

Nothing in this section limits any rights you have under applicable consumer law.

Placing an Order with Nibi is simple, but it's important that you review everything carefully before completing your purchase.

Before you place an Order

Before confirming your Order, please check that:

• you've selected the correct Merchant;
• your chosen items, quantities and any options are correct;
• any dietary requirements or allergen information have been reviewed with your Merchant where appropriate;
• your collection location is correct; and
• you're happy with the total price shown before payment.

Once you've completed payment, Nibi will securely hold your Order until it's time to send it to your Merchant.

When payment is taken

When you confirm your Order, you'll be asked to authorise payment using one of the payment methods available through the Service.

If your payment is successful:

• your payment will be securely processed by our authorised Payment Provider;
• Nibi will securely receive and hold your Order;
• your Merchant won't receive your Order immediately; and
• your Order won't begin being prepared until we've successfully sent it to your Merchant.

If your payment isn't successful, your Order won't be created.

While we're holding your Order

Once payment has been authorised, Nibi securely holds your Order until it's time for it to be sent.

During this time, your Merchant can't view your Order, begin preparing it or reserve ingredients specifically for you.

Depending on where your Order is within its journey, you may still be able to cancel or make changes before it's sent to your Merchant. Our cancellation and refund terms are explained later in these Terms and Conditions.

When your Order becomes a Triggered Order

Your Order only becomes a Triggered Order when Nibi successfully sends it to your Merchant.

This can happen because:

• you chose to send it using Manual Triggering; or
• you've enabled Automatic Triggering, and the conditions you've selected have been met.

Once your Order has become a Triggered Order, your Merchant may begin preparing it immediately.

For that reason, cancellation or changes may no longer be possible.

Estimated collection times

Any collection or preparation times shown in the Service are estimates provided to help you plan your visit.

Actual preparation and collection times may vary depending on factors such as demand, staffing, stock availability or other operational circumstances at your chosen Merchant.

Neither Nibi nor your Merchant guarantees that an Order will be ready at an exact time, although everyone will make reasonable efforts to minimise delays.

Availability

Occasionally, items shown within the Service may become unavailable after you've placed your Order.

If this happens, your Merchant may contact you where possible to discuss an alternative or, where appropriate, arrange a refund in accordance with these Terms and Conditions and our Refund Policy.

Order confirmation

We'll send you confirmation once your Order has been successfully placed within the Service.

We'll also let you know when your Order has been sent to your Merchant and, where available, provide updates throughout your Order journey.

These notifications are intended to help keep you informed but shouldn't be relied upon as the sole indication of your Order's status, as delays in network connectivity or third-party notification services may occasionally occur.

Nothing in this section limits any rights you have under applicable consumer law.

Manual Triggering gives you complete control over when your Order is sent to your Merchant.

Instead of your Order being sent immediately after payment, Nibi securely holds it until you decide it's the right time.

How Manual Triggering works

If you choose Manual Triggering:

• you place your Order and complete payment;
• Nibi securely holds your Order;
• your Merchant doesn't receive your Order while it's being held;
• you decide when to send your Order; and
• once you've chosen to send it, Nibi transmits your Order to your Merchant.

At that point, your Order becomes a Triggered Order.

Before you send your Order

While Nibi is securely holding your Order:

• your Merchant can't view your Order;
• your Merchant won't begin preparing your Order;
• ingredients or products won't normally be reserved specifically for you; and
• you may still be able to cancel or change your Order, depending on its status.

Our cancellation and refund terms explain when this may be possible.

After you send your Order

Once you've chosen to send your Order:

• we'll immediately begin transmitting it to your Merchant;
• your Merchant may begin preparing it as soon as they receive it;
• your Order becomes a Triggered Order; and
• cancellation or changes may no longer be possible because preparation may already have started.

For this reason, we recommend making sure you're ready before sending your Order.

If sending your Order is delayed

Occasionally, there may be a short delay while we transmit your Order.

This may happen because of internet connectivity, temporary technical issues or third-party service interruptions.

We'll always make reasonable efforts to send your Order as quickly as possible.

If we're unable to send your Order successfully, we'll let you know where reasonably possible and, if your Order isn't sent within one hour of payment being authorised, it will automatically expire in accordance with these Terms and Conditions.

Your responsibility

It's your responsibility to decide when to send your Order.

Please allow enough time for your Merchant to prepare it before you arrive.

Estimated preparation times are provided for guidance only and may vary depending on your Merchant's operations and demand at the time.

Good to know

Manual Triggering is designed to give you flexibility.

If you prefer not to decide when your Order is sent, you can choose Automatic Triggering, which allows Nibi to send your Order automatically once the conditions you've selected have been met.

Nothing in this section limits any rights you have under applicable consumer law.

Automatic Triggering allows Nibi to send your Order automatically when the conditions you've selected are met.

To help reduce accidental transmissions, Nibi may perform additional checks before sending your Order. These checks are designed to confirm that the trigger conditions continue to be met and may include factors such as your device location, movement, connectivity and other technical signals.

If those checks aren't satisfied, your Order will continue to be securely held until the trigger conditions are met, you manually send the Order, or the Order expires in accordance with these Terms.

Because Automatic Triggering depends on your device, location permissions, internet connectivity and third-party location services, we can't guarantee that an Order will always be sent at the exact moment the trigger conditions are first detected.

How Automatic Triggering works

If you choose Automatic Triggering:

• you place your Order and complete payment;
• Nibi securely holds your Order;
• your Merchant doesn't receive your Order while it's being held;
• Nibi monitors the trigger conditions you've selected; and
• when those conditions are met, Nibi automatically sends your Order to your Merchant.

At that point, your Order becomes a Triggered Order, and your Merchant may begin preparing it immediately.

You're always in control

Automatic Triggering is entirely optional.

You can choose whether to enable it for each Order where the feature is available, or you can continue using Manual Triggering if you prefer to decide exactly when your Order is sent.

What Automatic Triggering relies on

To work properly, Automatic Triggering may rely on:

• your device's location services;
• internet or mobile data connectivity;
• GPS accuracy;
• your device settings and permissions;
• third-party mapping or location services; and
• the normal operation of the Nibi Service.

For the best experience, we recommend keeping location permissions enabled and ensuring your device has a reliable internet connection while your Order is being held.

When Automatic Triggering may not work as expected

Although we'll always use reasonable care and skill when providing the Service, there may be occasions when Automatic Triggering doesn't work exactly as expected.

For example, this could happen because:

• location services have been switched off;
• location permission hasn't been granted to Nibi;
• your device has no internet connection;
• GPS accuracy is temporarily reduced;
• your device is in battery-saving mode or has restricted background activity;
• third-party services experience an interruption; or
• there's an unexpected technical issue affecting the Service.

Where reasonably possible, we'll let you know if we're unable to send your Order automatically.

If your Order isn't successfully sent within one hour of payment being authorised, it will automatically expire and we'll begin processing a refund in accordance with these Terms and Conditions.

After your Order has been sent

Once Automatic Triggering sends your Order:

• your Merchant receives it immediately;
• your Order becomes a Triggered Order;
• your Merchant may begin preparing it straight away; and
• cancellation or changes may no longer be possible because preparation may already have started.

Your responsibility

If you choose to use Automatic Triggering, you're responsible for ensuring that:

• you've selected the appropriate trigger settings where applicable;
• your device permissions remain enabled while your Order is being held; and
• your device is able to connect to the internet where reasonably possible.

Good to know

Automatic Triggering is designed to make ordering ahead effortless, but it's still technology.

While we work hard to make it as reliable as possible, we can't guarantee that every automatic trigger will occur at an exact moment or under every circumstance.

If you need complete control over when your Order is sent, you should use Manual Triggering instead.

Nothing in this section limits any rights you have under applicable consumer law.

The moment your Order is sent to your Merchant is an important stage in your Order journey.

It marks the point at which your Merchant can begin preparing your Order and, in most cases, your ability to cancel or make changes will come to an end.

When your Order is sent

Your Order is sent when Nibi successfully transmits it to your chosen Merchant.

This may happen because:

• you selected Manual Triggering and chose to send your Order yourself; or
• you enabled Automatic Triggering and the trigger conditions were met.

Once we've successfully sent your Order, it becomes a Triggered Order.

What happens next

After your Order has been sent:

• your Merchant receives your Order;
• your Merchant may begin preparing it immediately;
• your purchase contract with the Merchant is formed (unless applicable law provides otherwise);
• cancellation or changes may no longer be possible because preparation may already have started; and
• your Order moves into the preparation stage.

We'll notify you when your Order has been sent wherever reasonably possible.

Preparation times

Your Merchant is responsible for preparing your Order.

Any preparation or collection times shown in the Service are estimates only and may vary depending on factors such as:

• customer demand;
• staffing levels;
• stock availability;
• operational circumstances; or
• other factors affecting your Merchant.

Neither Nibi nor your Merchant guarantees that an Order will be ready at an exact time, although everyone will make reasonable efforts to minimise delays.

If your Merchant can't fulfil your Order

Occasionally, after receiving your Order, your Merchant may discover that:

• an item is no longer available;
• an ingredient is unavailable;
• there's an unexpected operational issue; or
• they're unable to fulfil part or all of your Order.

If this happens, your Merchant may:

• offer a suitable alternative where appropriate;
• prepare the remaining available items; or
• cancel part or all of your Order.

Where a cancellation results in a refund being due, it'll be processed in accordance with these Terms and Conditions and our Refund Policy.

Delays after your Order has been sent

Once your Merchant has received your Order, preparation and collection are largely outside Nibi's control.

If your Order is delayed after it's has been sent, we'll do our best to help where we reasonably can, but the Merchant remains responsible for preparing your Order and making it available for collection.

Collection

When your Order is ready, you'll collect it directly from your Merchant.

Please collect your Order within any collection period advised by your Merchant.

If an Order isn't collected promptly, your Merchant may no longer be able to guarantee its quality, freshness or temperature, and they may dispose of it in accordance with their own policies.

Good to know

From the point your Order becomes a Triggered Order, your Merchant is actively preparing it for you.

That's why cancellation and amendment rights change at this stage and why it's important only to send your Order when you're ready for preparation to begin.

Nothing in this section limits any rights you have under applicable consumer law.

Although we expect your Order to be sent successfully, there may occasionally be circumstances where this doesn't happen.

To make things simple, we've built in an automatic safeguard.

When an Order expires

If Nibi hasn't successfully sent your Order to your Merchant within one hour of your payment being authorised, your Order will automatically expire.

Once an Order has expired:

• it won't be sent to your Merchant;
• your Merchant won't prepare your Order;
• no purchase contract will be formed between you and your Merchant in relation to that Order; and
• we'll automatically begin processing a refund to your original payment method.

You don't need to contact us to request this.

Why an Order might not be sent

An Order may fail to be sent for a number of reasons, including:

• a temporary technical issue affecting the Service;
• an interruption affecting third-party services;
• internet or connectivity problems;
• issues affecting your device or permissions;
• your Merchant becoming temporarily unavailable; or
• other unexpected circumstances that prevent successful transmission.

We'll always use reasonable care and skill to minimise these situations and restore the Service as quickly as reasonably possible.

Refunds

Where your Order expires before it's been sent to your Merchant, we'll automatically begin processing a refund.

Refunds are normally made to the original payment method used when placing your Order.

The time it takes for the refunded amount to appear in your account will depend on your bank or payment provider.

Further information can be found in our Refund Policy.

Rewards, Account Credit and promotions

If you used eligible Rewards, promotional credit or Account Credit when placing an Order that expires before being sent to your Merchant, we'll normally restore them to your Account where appropriate.

Some promotional offers may have separate terms or expiry dates, which will continue to apply.

If something doesn't look right

If you believe your Order should have been sent, or you haven't received the refund you were expecting, please contact us at help@usenibi.com.

We'll investigate what happened and do our best to resolve the issue as quickly as possible.

Nothing in this section limits any rights you have under applicable consumer law.

Before you complete your purchase, we'll clearly show the total amount payable for your Order.

Please check the details carefully before authorising payment.

Prices

Prices displayed in the Service are set by your chosen Merchant unless we've stated otherwise.

They may include:

• the price of each item;
• any options or extras you've selected;
• applicable taxes where required by law; and
• any fees or charges that apply to your Order.

The total price payable will always be shown before you complete payment.

Promotions, discounts and Rewards

Where available, eligible promotions, Rewards, vouchers or Account Credit will be applied before your payment is authorised.

Some offers:

• are only available for a limited time;
• may only be used once;
• may only apply to participating Merchants or selected products; or
• may be subject to additional terms.

If an offer doesn't meet its eligibility requirements, it may not be applied to your Order.

Price changes

Prices and menus may change from time to time.

The price shown when you complete payment is the price that will normally apply to your Order.

If a genuine pricing error is discovered before your Order has been sent to your Merchant, we may cancel the Order and notify you. Where payment has already been taken, we'll begin processing a full refund.

Payment authorisation

By completing payment, you authorise our Payment Provider to collect the amount shown for your Order using your chosen payment method.

Payment authorisation allows Nibi to securely receive and hold your Order.

It doesn't mean your Order has been sent to your Merchant.

Your Merchant won't begin preparing your Order until Nibi successfully sends it.

Failed or declined payments

If your payment is declined, interrupted or can't be authorised, your Order won't be created.

You won't be charged unless your payment has been successfully authorised.

If you believe a payment has been taken in error, please contact us and we'll investigate.

Currency

Unless we've told you otherwise, all prices displayed within the Service are shown in Pounds Sterling (£).

If you're using a payment method issued in another currency, your bank or payment provider may apply exchange rates or additional charges that are outside Nibi's control.

Payment security

For your security, payments are processed through our authorised Payment Provider.

Nibi doesn't store your full payment card details.

Further information about payment processing is explained in the next section.

Nothing in this section limits any rights you have under applicable consumer law.

Keeping your payment information secure is one of our highest priorities.

To help protect your personal and financial information, all payments made through Nibi are processed by our authorised Payment Provider.

Our Payment Provider

At the Effective Date of these Terms and Conditions, payments are securely processed by Stripe.

Your payment information is collected and processed in accordance with Stripe's security standards and applicable payment regulations.

If we change our Payment Provider in the future, we'll update these Terms and Conditions where appropriate.

How your payment is processed

When you authorise payment:

• your chosen payment method is securely processed by our Payment Provider;
• Nibi receives confirmation that payment has been authorised;
• we'll securely hold your Order until it's time to send it to your Merchant; and
• your Merchant won't receive your Order until Nibi successfully sends it.

Authorising payment doesn't mean your Order has been sent or that preparation has begun.

Security

Nibi doesn't store your full payment card details.

Payment information is handled using industry-standard security measures provided by our Payment Provider.

While no online system can ever be completely risk-free, we and our Payment Provider take appropriate technical and organisational measures to help protect your information.

Payment verification

Occasionally, a payment may require additional verification before it can be authorised.

This may happen for security, fraud prevention or regulatory reasons.

If verification can't be completed successfully, your payment may be declined and your Order won't be created.

Payment records

We'll keep records of your Orders and payments as required for customer support, accounting, legal and regulatory purposes.

Information about how we use and protect your personal data can be found in our Privacy Notice.

Nothing in this section limits any rights you have under applicable consumer law.

Because Nibi securely holds your Order before sending it to your Merchant, there may be a period during which you can still cancel or change your Order.

Whether this is possible depends on where your Order is in its journey.

Before your Order has been sent

While Nibi is securely holding your Order, you may be able to cancel or amend your Order through the Service.

If your Order hasn't yet been sent to your Merchant, we'll stop it from being transmitted and process any refund due in accordance with these Terms and Conditions and our Refund Policy.

After your Order has been sent

Once your Order has been successfully sent to your Merchant, it becomes a Triggered Order.

At this stage, your Merchant may begin preparing it immediately.

For this reason, cancellation or changes will normally no longer be possible.

If your Merchant agrees

In some circumstances, your Merchant may choose to accommodate a change or cancellation after receiving your Order.

This is entirely at the Merchant's discretion.

Nibi can't require a Merchant to accept changes once preparation may have begun.

Technical issues

If you experience a technical problem that prevents you from cancelling or changing an Order before it has been sent, please contact us as soon as possible.

We'll investigate what happened and, where appropriate, work with your Merchant to help resolve the situation.

Consumer rights

Nothing in this section affects any cancellation, refund or other rights you may have under applicable consumer law.

We want refunds to be fair, transparent and straightforward.

Whether you're entitled to a refund depends on what happened to your Order and where it was in its journey when the issue occurred.

Automatic refunds

We'll automatically begin processing a refund where:

• your Order expires before it's sent to your Merchant;
• payment has been taken but your Order wasn't successfully created;
• we cancel your Order before it's has been sent because of a technical issue; or
• we're otherwise required to do so by law.

You don't need to contact us to request these refunds.

Refunds after your Order has been sent

Once your Order has become a Triggered Order, refund requests will usually depend on the circumstances.

Examples include:

• your Merchant couldn't fulfil your Order;
• incorrect items were supplied;
• part of your Order wasn't available;
• there was a genuine pricing error;
• duplicate payments were taken; or
• another issue occurred that entitles you to a refund under applicable law.

Each request will be considered on its own facts.

Where appropriate, we may work with your Merchant to investigate what happened before deciding whether a refund is due.

How refunds are paid

Approved refunds will normally be returned to the original payment method used when placing your Order.

The time it takes for the refunded amount to appear in your account will depend on your bank or payment provider.

Rewards and promotional credit

Where an Order is refunded, we'll normally restore any eligible Rewards, promotional credit or Account Credit used towards that Order.

Some promotional offers may have their own terms or expiry dates, which will continue to apply.

If you think we're wrong

If you believe a refund should have been issued but wasn't, please contact us at help@usenibi.com.

We'll review your request fairly and explain our decision.

Nothing in this section limits any rights you have under applicable consumer law.

From time to time, we may offer Rewards, promotions, referral programmes, vouchers or other incentives to thank you for using Nibi.

These offers are intended to enhance your experience and may change as the Service evolves.

Eligibility

Some Rewards and promotions may:

• only be available for a limited time;
• only apply to selected Merchants or products;
• require you to meet certain eligibility criteria;
• only be redeemed once; or
• be subject to separate promotional terms.

We'll always make any additional conditions available before you choose to participate.

Using Rewards

Where eligible, Rewards or promotional credit may be applied towards your Order before payment is authorised.

Rewards can't normally be exchanged for cash unless we're required to do so by law.

Referral programmes

If we introduce a referral programme, both the person making the referral and the new customer must comply with the applicable promotional terms.

We may withhold or remove referral rewards where we reasonably believe the programme has been misused or manipulated.

Changing or withdrawing promotions

Unless we've promised otherwise, we may introduce, amend, suspend or withdraw promotions, Rewards or referral programmes at any time.

Doing so won't affect Rewards or promotional benefits that have already been validly redeemed before the change takes effect.

Nothing in this section limits any rights you have under applicable consumer law.

From time to time, Nibi may allow you to purchase, receive or redeem Account Credit or Gift Cards.

Where available, they'll be subject to this section and any additional terms we provide.

Using Account Credit

Eligible Account Credit can normally be used towards all or part of the cost of an Order before payment is authorised.

Where your available credit doesn't cover the full value of an Order, you'll need to pay the remaining balance using an accepted payment method.

Gift Cards

Gift Cards may:

• have an expiry date;
• only be redeemed through the Service;
• only be valid in participating locations; or
• be subject to additional conditions explained when they're issued.

Please keep Gift Card details secure, as we may not be able to replace them if they're lost, stolen or used without your permission.

Expiry and restoration

Where an Order expires before being sent to your Merchant, we'll normally restore any eligible Account Credit or Gift Card balance used towards that Order.

Promotional credit may remain subject to its original expiry date unless we've told you otherwise.

Errors

If Account Credit or a Gift Card has been added to your Account in error, or we reasonably believe it has been obtained fraudulently or used in breach of these Terms, we may correct the balance or remove the credit where appropriate.

We'll always aim to do this fairly and explain our decision where reasonably possible.

Nothing in this section limits any rights you have under applicable consumer law.

We want Nibi to be simple, reliable and enjoyable for everyone.

To help us provide a safe and dependable Service, we ask that you use Nibi responsibly and in accordance with these Terms and Conditions.

Using Nibi responsibly

When you use the Service, you agree to:

• provide accurate and up-to-date information;
• keep your Account secure;
• review your Order carefully before payment;
• choose the correct Merchant;
• use Manual Triggering and Automatic Triggering responsibly;
• keep any required permissions enabled if you've chosen to use Automatic Triggering;
• collect your Order within any collection period advised by your Merchant;
• treat Merchants, their staff, our team and other users with courtesy and respect; and
• comply with all applicable laws.

Allergies and dietary requirements

If you have allergies or dietary requirements, it's your responsibility to check directly with your Merchant before placing an Order.

Although allergen information may be displayed through the Service, your Merchant is responsible for ensuring it's accurate and up to date.

Nibi doesn't independently verify ingredients or allergen information.

Please don't misuse the Service

To help protect everyone using Nibi, you must not:

• use the Service for unlawful, fraudulent or dishonest purposes;
• create an Account using false information;
• impersonate another person;
• deliberately place false or malicious Orders;
• misuse Rewards, promotions or referral programmes;
• interfere with the operation or security of the Service;
• introduce malicious software;
• attempt to gain unauthorised access to our systems;
• scrape, copy or harvest information from the Service without permission;
• use automated tools unless we've expressly authorised you to do so;
• reverse engineer the Service except where permitted by law; or
• use Nibi in a way that could damage the Service, our users or our Merchants.

If these responsibilities aren't followed

If we reasonably believe these responsibilities haven't been met, we may take appropriate action.

Depending on the circumstances, this could include:

• requesting additional verification;
• restricting access to certain features;
• removing Rewards or promotional credit;
• cancelling an Order where we're legally entitled to do so;
• temporarily suspending your Account while we investigate; or
• permanently closing your Account in serious or repeated cases of misuse.

Where appropriate and lawful, we'll explain our decision and give you the opportunity to resolve the issue before permanently closing your Account.

Nothing in this section limits any rights you have under applicable consumer law.

We always welcome your feedback.

Your suggestions help us improve Nibi and create a better experience for everyone.

Reviews

Where the Service allows you to leave reviews, ratings or comments, you agree that they'll be:

• honest;
• based on your genuine experience;
• respectful of others; and
• lawful.

Reviews mustn't contain offensive, abusive, discriminatory, misleading or unlawful content.

Removing content

We may remove reviews or other content where we reasonably believe they:

• breach these Terms and Conditions;
• contain unlawful material;
• include personal information about another person without permission;
• are fraudulent or misleading; or
• could expose Nibi or others to legal or security risks.

Where appropriate, we'll explain why content has been removed.

Your content

You remain the owner of any content you submit to Nibi.

However, by submitting reviews, ratings, photographs, comments or other feedback, you give Nibi a worldwide, non-exclusive, royalty-free licence to use, reproduce, display, adapt and publish that content for the purposes of operating, improving and promoting the Service.

This licence ends when the content is removed from the Service, except where we've already used it in accordance with these Terms or where we're required to retain it for legal or regulatory reasons.

Feedback and ideas

If you send us suggestions, ideas or feedback about improving Nibi, you're giving us permission to use those ideas without paying compensation or seeking further approval.

This helps us continue improving the Service for all users.

Nothing in this section limits any rights you have under applicable consumer law.

Everything that makes Nibi unique has been created, licensed or developed for use by us.

We work hard to build and improve the Service, and we'd ask that you respect the rights that protect it.

What belongs to Nibi

Unless we've stated otherwise, all intellectual property rights in the Service belong to Nibi or our licensors.

This includes, for example:

• the Nibi name and logo;
• our branding and visual identity;
• the design and layout of the Service;
• software, code and technology;
• text, graphics, icons and images created by us;
• databases and content owned by us;
• features, workflows and functionality; and
• all copyright, trade marks, patents, design rights and other intellectual property associated with the Service.

Using Nibi doesn't transfer ownership of any of these rights to you.

How you may use the Service

We give you a limited, personal, non-exclusive, non-transferable and revocable licence to use the Service for its intended purpose and in accordance with these Terms and Conditions.

You must not, unless permitted by law or with our written permission:

• copy, reproduce or distribute the Service;
• modify or create derivative works from the Service;
• reverse engineer, decompile or attempt to discover the source code;
• remove copyright, trade mark or other proprietary notices;
• use our branding in a way that suggests endorsement; or
• commercially exploit any part of the Service.

Merchant content

Menus, product descriptions, photographs, logos and other content supplied by Merchants remain the responsibility and property of those Merchants or their licensors.

Nibi doesn't claim ownership of Merchant content simply because it's displayed through the Service.

Trade marks

"Nibi", our logo and any associated branding are protected trade marks or trade marks that we use in connection with our business.

You mustn't use them without our prior written permission.

Nothing in this section limits any rights you have under applicable law.

Nibi works together with trusted third-party providers to deliver the Service.

These providers help us operate the platform securely, reliably and efficiently.

Third-party services

Depending on how you use Nibi, we may rely on third-party providers for services such as:

• payment processing;
• cloud hosting;
• data storage;
• mapping and location services;
• identity verification;
• fraud prevention;
• analytics;
• customer communications;
• notifications; and
• technical infrastructure.

These providers operate independently of Nibi and may have their own terms, conditions and privacy policies.

Changes to third-party services

From time to time, we may replace, add or remove third-party providers as the Service develops.

We'll always aim to choose providers that meet appropriate standards of security, reliability and compliance.

Availability

Although we carefully select our providers, we can't guarantee that third-party services will always be available without interruption.

Occasionally, they may experience maintenance, outages or technical issues that affect parts of the Service.

Where this happens, we'll work to minimise disruption and restore normal operation as quickly as reasonably possible.

Nothing in this section limits any rights you have under applicable consumer law.

We're continually working to keep Nibi reliable, secure and available.

Like any technology platform, however, there may be occasions when parts of the Service are temporarily unavailable.

Maintenance and updates

We may occasionally carry out planned maintenance, security updates or improvements to the Service.

Where reasonably possible, we'll try to minimise disruption and, for significant planned maintenance, provide advance notice through the Service or by other appropriate means.

Unexpected interruptions

Sometimes interruptions happen unexpectedly.

For example, the Service may be affected by:

• technical faults;
• cyber security incidents;
• internet or telecommunications failures;
• failures affecting third-party providers;
• unusually high demand; or
• other events outside our reasonable control.

We'll always use reasonable care and skill to restore the Service as quickly as reasonably possible.

Improving reliability

We regularly monitor, maintain and improve the Service to enhance:

• reliability;
• performance;
• security;
• accessibility; and
• the overall customer experience.

Some updates may introduce new features, improve existing functionality or remove features that are no longer supported.

Temporary suspension

Where reasonably necessary to protect the Service, our users or our Merchants, we may temporarily suspend all or part of the Service while maintenance, investigations or security work is carried out.

We'll always aim to keep any disruption as short as reasonably possible.

Nothing in this section limits any rights you have under applicable consumer law.

We're always looking for ways to make Nibi faster, more reliable and easier to use.

As the Service evolves, we may introduce new features, improve existing functionality or retire features that are no longer supported or no longer meet our standards.

Updates and improvements

From time to time, we may:

• introduce new products or features;
• improve performance, reliability or security;
• fix bugs or technical issues;
• update the design or user experience;
• change how certain features work; or
• remove or replace features that are no longer practical to maintain.

Where reasonably possible, we'll aim to ensure changes improve the overall experience of using Nibi.

Changes to features

Some features may only be available in certain locations, for selected Merchants or to users who meet particular eligibility requirements.

We don't guarantee that every feature will always remain available or continue operating in exactly the same way.

Where a change materially affects how the Service operates, we'll provide reasonable notice where appropriate.

Keeping the app up to date

To benefit from the latest features, improvements and security updates, you may need to install the latest version of the Nibi app.

We can't guarantee that older versions of the app will continue to support all functionality indefinitely.

We hope we'll never need to restrict access to your Account.

However, there may be circumstances where it's necessary to protect you, other users, our Merchants or the Service.

When we may suspend your Account

We may temporarily suspend your Account where we reasonably believe it's necessary to:

• investigate suspected fraud or unlawful activity;
• protect the security or integrity of the Service;
• comply with a legal or regulatory obligation;
• investigate a suspected breach of these Terms and Conditions; or
• prevent harm to other users, Merchants or Nibi.

We'll aim to restore access as soon as it's appropriate to do so.

Closing your Account

We may permanently close your Account where:

• you've seriously or repeatedly breached these Terms and Conditions;
• you've used the Service fraudulently or unlawfully;
• we're legally required to do so; or
• continuing to provide the Service to you would expose Nibi, our users or our Merchants to unacceptable legal, financial or security risks.

Where reasonably possible and lawful, we'll explain our decision before permanently closing your Account and give you an opportunity to respond or resolve the issue.

Closing your own Account

You can stop using Nibi and close your Account at any time through the Service or by contacting us.

Closing your Account won't affect:

• Orders that have already become Triggered Orders;
• payments that have already been authorised;
• any refunds that remain due;
• our right to investigate previous misuse; or
• any rights or obligations that arose before your Account was closed.

Keeping certain information

Even after your Account has been closed, we may retain certain information where this is necessary to:

• comply with legal or regulatory obligations;
• prevent fraud;
• resolve disputes;
• enforce these Terms and Conditions; or
• protect the security of the Service.

Further information can be found in our Privacy Notice.

We take your privacy seriously.

When you use Nibi, we'll collect, use and protect your personal information in accordance with our Privacy Notice and applicable data protection laws.

How we use your information

We use your information to:

• provide the Service;
• process your Orders;
• manage your Account;
• process payments;
• provide customer support;
• improve and develop the Service;
• keep the Service secure; and
• comply with our legal obligations.

Location information

If you choose to use Automatic Triggering, we'll ask for permission to access your device's location where required.

Location information is only used in accordance with your settings, our Privacy Notice and applicable law.

You can change your location permissions through your device settings at any time, although doing so may affect features that rely on location services.

Your rights

Depending on where you live, you may have rights to:

• access your personal information;
• correct inaccurate information;
• request deletion of certain information;
• object to particular types of processing;
• request restriction of processing; or
• exercise other rights available under applicable data protection law.

Our Privacy Notice explains how you can exercise these rights.

We're committed to providing a reliable Service and exercising reasonable care and skill in everything we do.

At the same time, there are some things that remain outside our control.

What we're responsible for

We're responsible for:

• operating the Nibi platform;
• securely holding and transmitting Orders;
• processing payments through our authorised Payment Provider;
• protecting your personal information in accordance with applicable law; and
• providing the Service with reasonable care and skill.

What your Merchant is responsible for

Your Merchant is responsible for:

• the products they sell;
• menu descriptions;
• pricing;
• ingredients and allergen information;
• stock availability;
• preparing your Order;
• food quality and safety; and
• making your Order available for collection.

Limits of our responsibility

To the fullest extent permitted by law, we're not responsible for losses arising from:

• inaccurate information provided by you;
• failures affecting your device or internet connection;
• the actions or omissions of your Merchant;
• interruptions affecting third-party services;
• your failure to follow these Terms and Conditions; or
• events outside our reasonable control.

We aren't responsible for indirect or consequential losses, including loss of profits, business opportunities or goodwill, where those losses aren't recoverable under applicable law.

Nothing in these Terms excludes our liability for

Nothing in these Terms and Conditions excludes or limits our liability where it would be unlawful to do so.

This includes liability for:

• death or personal injury caused by our negligence;
• fraud or fraudulent misrepresentation; or
• any other liability that can't legally be excluded or limited under applicable law.

Where consumer law gives you rights that can't legally be excluded, those rights continue to apply.

Sometimes events happen that are outside anyone's reasonable control.

If these events affect our ability to provide the Service, we'll always do our best to minimise disruption and restore normal service as quickly as reasonably possible.

Events outside our reasonable control

Examples include:

• severe weather or natural disasters;
• flooding, fire or other emergencies;
• war, terrorism or civil unrest;
• industrial action or widespread transport disruption;
• failures affecting electricity, telecommunications or the internet;
• cyber attacks or major technology failures;
• government action or changes in the law;
• pandemics or public health emergencies; or
• other events that couldn't reasonably have been prevented.

Where an event outside our reasonable control affects the Service, we won't be responsible for delays or failures caused by that event, provided we've taken reasonable steps to reduce its impact.

Nothing in this section affects any rights you have under applicable law.

As Nibi grows, we may need to update these Terms and Conditions from time to time.

This helps ensure they continue to reflect how the Service works, changes in the law and new features we introduce.

When we may update these Terms

We may update these Terms and Conditions to:

• reflect changes to the Service;
• introduce new features or functionality;
• improve clarity;
• comply with legal or regulatory requirements; or
• respond to changes in our business.

Notifying you

If we make changes that materially affect your rights or obligations, we'll give you reasonable notice before the changes take effect, unless we're required to make the change immediately by law or for security reasons.

We'll notify you through the Service, by email or by another appropriate method.

By continuing to use Nibi after the updated Terms take effect, you agree to the revised Terms and Conditions.

If you don't agree with the changes, you should stop using the Service and close your Account.

We're here to help.

If you have any questions about these Terms and Conditions, your Account or an Order, we'd encourage you to contact us.

Contacting us

Email: help@usenibi.com

We'll aim to respond as quickly as reasonably possible.

Resolving concerns

If something hasn't gone as expected, we'd appreciate the opportunity to investigate and put things right.

We'll always aim to deal with complaints fairly, promptly and in accordance with our complaints procedures.

Nothing in this section affects your right to seek advice or pursue any legal remedies available to you.

These Terms and Conditions are governed by the laws of England and Wales.

If you live in Scotland or Northern Ireland, you'll also benefit from any mandatory consumer protections that apply in your part of the United Kingdom.

Resolving disputes

We hope we'll always be able to resolve any concerns directly.

If a dispute can't be resolved, you and Nibi agree that the courts of England and Wales will normally have jurisdiction, unless applicable law allows you to bring proceedings in another UK court with jurisdiction over your claim.

Nothing in these Terms and Conditions limits any statutory rights available to consumers.

These Terms and Conditions form the agreement between you and Nibi relating to your use of the Service.

Entire agreement

These Terms and Conditions, together with any documents they refer to, including our Privacy Notice and Refund Policy, form the entire agreement between you and Nibi regarding your use of the Service.

If part of these Terms can't be enforced

If a court or other competent authority decides that any part of these Terms and Conditions is unlawful, invalid or unenforceable, the remaining provisions will continue to apply.

If we don't enforce a right immediately

If we don't enforce a right under these Terms and Conditions straight away, this doesn't mean we've given up that right.

We may still exercise it later.

Transferring our rights

We may transfer or assign our rights and obligations under these Terms and Conditions to another organisation, for example as part of a merger, acquisition or business reorganisation.

If we do, we'll ensure that your rights under these Terms continue to be protected.

You may not transfer your rights or obligations under these Terms without our prior written consent.

Third-party rights

Except where these Terms and Conditions expressly provide otherwise, no person other than you and Nibi has any right to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Survival

Any provisions which, by their nature, are intended to continue after your Account has been closed or these Terms have ended will remain in effect, including provisions relating to intellectual property, payments, refunds, liability, dispute resolution and any accrued rights or obligations.