Gold Coast · Brisbane · Northern Rivers and beyond
Legal
Refund policy.
How cancellations and refunds are handled for Kybos services, Site Atlas and hardware.
Effective date: 17 October 2026
Supplier: Louis Pont trading as Kybos (ABN 40 798 701 909)
Contact: info@kybos.au | +61 451 052 500
1. Scope and your legal rights
1.1 This policy covers Kybos 3D capture and other professional services, Site Atlas setup and hosting, hardware sold by Kybos, and digital licences or credits sold or supplied with hardware. It forms part of the Terms of Service. A signed MSA or an accepted Order may set a specific commercial cancellation process, but neither can remove rights that cannot lawfully be excluded.
1.2 Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL) where it applies. A buyer may be entitled to a repair, replacement, refund, service cancellation, price reduction or compensation depending on the problem. These rights can apply to qualifying business purchases and may continue after a manufacturer's warranty expires. This policy adds to, and does not replace, those rights.
1.3 No 24-hour claim deadline, unopened-box rule, activation rule or manufacturer's warranty process is a condition of an ACL remedy. Tell us about a suspected problem as soon as practical so we can investigate, but a late report, opened packaging, registration or ordinary use does not of itself remove a statutory right.
2. Hardware returns and faults
2.1 No change-of-mind returns. Kybos does not accept returns or exchanges of hardware because the buyer has changed their mind, no longer needs the item or ordered the wrong model, unless the Order or a written offer from Kybos expressly says otherwise. This is stated before purchase on our product pages and in quotes. It does not affect your rights for faulty, unsafe, damaged or misdescribed goods, or any other right under law. Please check compatibility, software and licence requirements, lead times and the included package before ordering.
2.2 If goods have a major problem under the ACL, an eligible buyer may choose a full refund or a replacement of the same type. The buyer may instead choose to keep the goods and claim compensation for reduced value. If goods have a minor problem, Kybos will arrange a remedy at no cost, normally a repair within a reasonable time. If the problem cannot be fixed within a reasonable time, the buyer has further rights under the ACL. Reasonably foreseeable loss caused by a failure may also be recoverable as law provides.
2.3 Kybos is the seller. We will assess and handle a claim about goods purchased from us and will not require an eligible buyer to deal only with Realsee, Xgrids or another manufacturer or distributor. A manufacturer's warranty is an additional route for support and does not replace Kybos's obligations. We may coordinate assessment or repair with the manufacturer while remaining the buyer's contact.
2.4 To start a claim, email info@kybos.au with an order number or other proof of purchase, a description of the issue, the serial number if available, and photos or video if useful. We may reasonably inspect or test the goods and may ask for them to be returned where appropriate. Original packaging is helpful for transport but is not required for a statutory claim. For a confirmed fault, we will reimburse reasonable return costs as required by law and arrange collection at our cost where the goods are large, heavy or difficult to return. If an inspection shows no fault, we may charge a reasonable collection or inspection cost only after giving an estimate and where law permits.
2.5 If goods arrive damaged, incomplete or different from the Order, please tell us promptly and keep the packaging if available; this helps us investigate the delivery. It does not impose a 24-hour legal claim deadline. We will resolve transit issues and statutory remedies for goods Kybos sold, even where a distributor or manufacturer shipped them.
2.6 If a repair may erase stored scans or settings, we will tell the buyer before repair where reasonably possible and give any repair notice required by law. The buyer should back up data if able; Kybos is responsible for losses to the extent required by law and the agreement.
3. Digital licences, subscriptions and credits
3.1 If a software licence, processing credit or third-party subscription has been issued or activated correctly, Kybos does not generally refund it merely because the buyer changes their mind or does not use it. Any specific cancellation or transfer terms will be disclosed in the Order or at checkout. This does not affect ACL rights if the digital product is defective, misdescribed or not supplied as promised, or any refund due because Kybos or the third-party provider cannot deliver it.
3.2 Where a digital item is bundled with faulty hardware, we will assess the bundle as a whole and provide the remedy required by law. We will not deny a hardware remedy solely because a licence or credit was activated.
4. Capture and other project Services
4.1 A Customer may cancel or reschedule a booked site visit free of charge by emailing info@kybos.au at least 48 hours before the scheduled attendance. Any prepayment for the visit is refunded in full, or carried over to the new date.
4.2 If a booking is cancelled or moved with less than 48 hours' notice, or Kybos arrives and the site is not ready or access is unavailable for reasons within the Customer's control, Kybos may charge the call-out fee stated in the quote or Order. That fee reflects Kybos's reasonable costs of travel, mobilisation and the lost booking; it is not a penalty, and Kybos will itemise it on request. If no call-out fee was stated, Kybos may charge only its reasonable, evidenced costs.
4.3 If Kybos postpones because of weather, unsafe conditions, airspace or CASA restrictions or another reason outside either party's reasonable control, the visit is rescheduled at no charge to the Customer. If it cannot reasonably go ahead at all, Kybos refunds any amount paid for work not performed. If Kybos cancels for a reason within its control and cannot provide an agreed alternative, it refunds payments for Services not provided and provides any further remedy required by law.
4.4 If a Service has a problem, tell us what is wrong and allow a reasonable opportunity to assess it. For a minor failure covered by the ACL, Kybos will correct or reperform the affected Service without charge within a reasonable time. For a major failure, an eligible Customer may cancel the affected contract and obtain the refund or price reduction required by law, taking into account conforming work already supplied, and may have a right to compensation. No review or notice period in an Order cuts off statutory rights.
5. Site Atlas setup and hosting
5.1 Site Atlas setup, data preparation and capture are project work. A Customer cancelling for convenience after work begins pays for conforming work performed and reasonable, unavoidable commitments, as explained in clause 4, and receives a refund of the balance of any prepayment. The Order should identify any separately priced setup work and hosting period.
5.2 Site Atlas hosting is paid for the period in the Order (or the default period in the Terms of Service if the Order is silent) and does not renew automatically unless the Order says so. The Customer can cancel at any time so that it does not renew; access then continues until the end of the paid period. Kybos does not refund the unused part of a paid hosting period when the Customer stops early for convenience. This does not limit clause 5.3: if Kybos fails to provide the hosting or an agreed feature, the Customer is entitled to the remedies there and under law.
5.3 If hosted access ends because of the Customer (unpaid fees or misuse), or the Customer stops early for convenience, payments are not refunded. If Kybos ends access for any other reason, or a third-party 3D platform ends its service, Kybos will move the project or tour to another platform or to Site Atlas where practicable; if it cannot, it will refund the unused part of any prepaid hosting fee (Terms of Service, clause 4.6). If Kybos materially fails to provide an agreed feature and cannot fix it within a reasonable time, the Customer receives the remedy the agreement and the Australian Consumer Law require.
5.4 Cancellation of hosted access does not end the Customer's perpetual right to use a paid, delivered offline Construction Dossier copy under the Terms of Service.
6. How refunds are paid and how to raise a concern
6.1 Contact info@kybos.au with the Order or invoice number, the requested remedy and a brief explanation. Kybos may ask for reasonable information needed to assess the claim and will explain the outcome. A disagreement about a remedy can be raised through the dispute process in the Terms of Service or with the relevant consumer protection body; this does not delay a statutory right.
6.2 An approved refund will be paid promptly, normally to the original payment method unless the parties agree otherwise, and without an unauthorised deduction or forced store credit. The timing depends on the payment provider after Kybos issues it. A statutory refund will be the amount required by law; a change-of-mind or convenience-cancellation refund will be calculated under the applicable clause above and any fair, disclosed Order terms.
