Consumer Terms of Service

1. Parties

These Consumer Terms of Service (the “Terms”) form a binding agreement between:

1. Nexus Platform Ltd, a company incorporated under the Companies Act, Cap. 308 of the Laws of Barbados, with its registered office at Cottage #3, Rowans, St George, BB19034, Barbados (the “Platform”, “Nexus”, “we”, “us”); and
2. The Consumer, being the individual who creates a consumer account on the Nexus platform and clicks “I Agree” (the “Consumer”, “you”).

Together referred to as the “Parties”.

2. Recitals

A. Nexus operates a digital marketplace (the “Platform”) connecting consumers in Barbados with independent service professionals offering diagnostic call-outs and related home services.

B. The Consumer wishes to use the Platform to discover, book, and pay independent service professionals.

C. The Parties wish to set out the terms on which the Consumer may use the Platform.

D. These Terms are executed electronically pursuant to the Electronic Transactions Act, Cap. 308B of the Laws of Barbados, under which click-through acceptance constitutes a valid and binding signature.

E. Nothing in these Terms excludes, restricts, or modifies any right or remedy the Consumer has under the Consumer Guarantees Act, Cap. 326E, the Consumer Protection Act, Cap. 326D, the Sale of Goods Act, or any other mandatory provision of Barbadian law. Where any provision of these Terms conflicts with such non-excludable rights, those rights prevail.

3. Definitions

4. Nature of the Relationship

4.1 Nexus operates a marketplace. When you make a Booking, the service contract is formed directly between you and the Provider. Nexus is not a party to that service contract and does not provide the Services itself.

4.2 Nexus is not a contractor, builder, tradesperson, plumber, electrician, or other service professional. Nexus’s role is limited to:

• (a) enabling you to discover and book Providers;
• (b) holding your payment in escrow until release conditions are met;
• (c) operating a dispute management process;
• (d) publishing policies and operating the Platform.

4.3 Your statutory rights against the Provider under the Consumer Guarantees Act, Cap. 326E (including the right to Services carried out with reasonable care and skill, fit for purpose, and within a reasonable time) apply to the Provider as the supplier of the Services. Nexus supports the enforcement of those rights through the dispute process in Section 11 but does not thereby become a co-supplier of the Services.

5. Eligibility & Account Registration

5.1 To register as a Consumer, you must:

• (a) be at least 18 years of age and have the legal capacity to enter into a binding contract under Barbadian law;
• (b) be physically located in Barbados at the point of Booking, or be booking Services to be performed at a property in Barbados;
• (c) provide truthful, current information, including your name, contact details, service address, and a valid payment method;
• (d) maintain the confidentiality of your login credentials and not share your account with any other person;
• (e) register only one personal account (additional accounts require Nexus’s written permission).

5.2 Nexus may (but is not obliged to) verify Consumer information, and may suspend or close accounts where information is false, expired, or materially inaccurate.

5.3 You are responsible for all activity on your account. If you suspect unauthorised use, notify Nexus without undue delay so that the account can be secured.

6. Consumer Obligations

6.1 Accurate Booking Information. You shall provide accurate, complete, and current information when making a Booking, including:

• (a) the nature of the issue or Service required;
• (b) the correct service address;
• (c) contact details at which you (or your authorised representative) can be reached;
• (d) any safety-relevant information (e.g. animals on site, access restrictions, known hazards).

6.2 Site Access & Safety. You shall:

• (a) ensure the Provider has safe and lawful access to the service site at the scheduled time;
• (b) inform the Provider of any known hazards before work commences;
• (c) not require or encourage the Provider to perform work in conditions that breach applicable health, safety, or regulatory requirements;
• (d) be present at the site, or arrange for an authorised adult representative to be present, where the nature of the Services reasonably requires it.

6.3 Respectful Conduct. You shall treat Providers and Nexus personnel with professionalism and courtesy. You shall not engage in harassment, discrimination, intimidation, threats, violence, or any unlawful conduct. Nexus operates a zero-tolerance policy for discrimination on the basis of race, gender, religion, disability, sexual orientation, nationality, or any other ground protected by law.

6.4 Payment Authorisation. By making a Booking, you authorise Nexus (and its payment processor) to take payment of the Gross Amount from your nominated payment method. See Section 8.

6.5 Honest Reviews. Where you leave a rating or review, you warrant that it:

• (a) reflects your genuine, first-hand experience of the Services;
• (b) is not defamatory, abusive, discriminatory, or misleading;
• (c) does not contain confidential, personal, or third-party information you are not entitled to publish.

6.6 No Fraudulent Chargebacks. You shall not initiate a chargeback, reversal, or payment dispute through your bank or card issuer for any Booking where the Services were in fact delivered, without first raising the matter through the Platform’s dispute process under Section 11. Fraudulent or abusive chargebacks may result in suspension and recovery of the disputed amount.

6.7 No Circumvention. You agree not to knowingly arrange or pay for Services off-platform with a Provider you discovered through Nexus in order to avoid the Platform’s payment protections, Dispute Window, or Nexus Guarantee. Circumvention is at your own risk — you forfeit Platform protections for any such transaction.

7. Platform’s Role & Limitations

7.1 Nexus provides a technology platform that:

• (a) enables Consumers to discover, book, and pay Providers;
• (b) verifies Provider identity and, where applicable, trade credentials at onboarding;
• (c) holds Consumer payments in escrow until release conditions are met;
• (d) operates a dispute management process;
• (e) publishes ratings, reviews, and other signals to support informed Booking decisions.

7.2 Nexus is not a party to any service contract formed between you and a Provider. The Provider is solely responsible for the performance, quality, and safety of the Services, subject to the Provider’s obligations under the Nexus Provider Service Agreement and applicable law.

7.3 Nexus’s verification of Providers does not constitute a warranty that any Provider will perform the Services to a particular standard. Verification reduces risk; it does not eliminate it.

7.4 Nexus makes no guarantee as to:

• (a) the availability of any particular Provider;
• (b) the continuous availability of the Platform;
• (c) the suitability of any Provider for your specific needs beyond what the Platform discloses; or
• (d) outcomes of the Services themselves.

7.5 Nothing in this Section 7 limits the Consumer’s statutory rights against the Provider under the Consumer Guarantees Act, Cap. 326E, or any other non-excludable right.

8. Pricing, Service Fee & Payment Authorisation

8.1 Gross Amount. The total amount payable for a Booking is disclosed to you before you confirm the Booking and comprises:

• (a) the Provider’s price for the Services (within any range published by Nexus);
• (b) any Service Fee charged by Nexus;
• (c) VAT where applicable.

All amounts are stated in Barbados Dollars (BBD) unless otherwise specified.

8.1A No consumer Service Fee at launch. At the current MVP launch, Nexus does not charge Consumers a separate Service Fee. The Gross Amount equals the Provider’s disclosed price plus applicable VAT (if any). Nexus’s platform commission is deducted from the Provider’s side of the transaction, not added to your checkout total.

8.2 Payment Authorisation & Escrow. By confirming a Booking, you authorise Nexus and WiPay Caribbean Limited (Nexus’s payment processor) to:

• (a) place a hold on, or capture, the Gross Amount from your nominated payment method;
• (b) hold the captured funds in escrow until release conditions are met under Section 10;
• (c) refund you in whole or in part where required by these Terms, the Consumer Guarantees Act, Cap. 326E, or a dispute resolution under Section 11.

8.3 Additional Work & Quotes. For work beyond the scope of the initial diagnostic or Booking, the Provider must issue a written quote through the Platform. Additional work is not authorised and not chargeable without your express acceptance of the quote through the Platform.

8.4 Service Fee Changes. Any change to the Service Fee will be disclosed at the point of Booking — you are never charged a new or increased fee for a Booking you have already placed.

8.5 Failed Payments. If your nominated payment method is declined, expired, or insufficient, Nexus may cancel the Booking or require an alternative valid payment method before the Booking is confirmed.

9. Bookings, Cancellations & Refunds

9.1 Booking Lifecycle. A Booking proceeds through the stages of: requested → accepted → paid → in progress → pending verification → completed. Funds are released to the Provider only on completion or auto-verification under Section 10.3.

9.2 Consumer-Initiated Cancellation. You may cancel a Booking in accordance with the Platform’s published cancellation policy (which forms part of these Terms by reference). In summary:

• (a) cancellation before the Provider has commenced work generally results in a full refund, subject to any Service Fee portion disclosed at Booking;
• (b) cancellation after work has commenced may be subject to a charge reflecting the work performed and reasonable costs incurred;
• (c) where the Provider has materially breached or failed to commence the Services, you are entitled to a full refund regardless of the cancellation stage.

9.3 Provider No-Show / Auto-Cancellation. If the Provider fails to commence work within 24 hours of payment being received, the Booking is automatically cancelled and you are automatically refunded the full Gross Amount (including any Service Fee). No action is required on your part.

9.4 Refund Mechanics. Refunds are returned to the original payment method. Bank or card processing times may cause refunds to take several business days to appear on your statement. Nexus does not charge a fee for refunds.

9.5 Rights Preserved. This Section 9 does not limit any refund or remedy you are entitled to under the Consumer Guarantees Act, Cap. 326E, the Consumer Protection Act, Cap. 326D, or any other law.

10. Completion, Verification & Dispute Window

10.1 Completion Evidence. On completing a Booking, the Provider is required to submit Completion Evidence through the Platform, including a written summary of the work performed, photographs, and any follow-up quote.

10.2 Verification. Upon submission of Completion Evidence, a 24-hour Dispute Window opens. During this window you may:

• (a) verify the Booking as complete — funds are released to the Provider; or
• (b) raise a dispute through the Platform if the Services were not performed, were materially defective, or any other concern arises.

10.3 Auto-Verification. If you do not verify or dispute the Booking within the 24-hour Dispute Window, the Booking will be automatically verified and funds released to the Provider. Accordingly, you are encouraged to inspect the work and respond within the window. Auto-verification does not extinguish your statutory rights under the Consumer Guarantees Act, Cap. 326E — see Section 11.4.

10.4 Provider Failure to Submit Evidence. If the Provider fails to submit Completion Evidence within 24 hours of commencing work, the Platform will auto-submit the Booking on the Provider’s behalf without evidence, and your Dispute Window will commence. In any subsequent dispute, the absence of evidence weighs materially in your favour.

11. Disputes & Consumer Rights

11.1 Raising a Dispute. You may raise a dispute through the Platform at any time within the Dispute Window. Nexus will investigate in good faith and may, in its reasonable discretion:

• (a) uphold the Booking as complete and release the funds to the Provider; or
• (b) refund you in whole or in part.

11.2 Cooperation. To assist the investigation, you may be asked to provide photographs, written descriptions, and access information. You are encouraged to cooperate promptly.

11.3 Escalation (Consumer’s Option). If you are dissatisfied with Nexus’s internal resolution, you may — at your sole option — escalate via:

• (a) good-faith mediation facilitated by Nexus;
• (b) arbitration in Barbados under the Arbitration Act, Cap. 110 (single arbitrator, seat Bridgetown, language English), by mutual agreement; or
• (c) the Consumer Claims Tribunal (for claims up to BBD 10,000), the Magistrates’ Courts, or any other competent court in Barbados.

Mediation and arbitration are entirely optional for the Consumer. Nexus will not require you to arbitrate or to forgo access to the Consumer Claims Tribunal or the courts as a condition of using the Platform.

11.4 Statutory Rights Preserved. Nothing in these Terms, the dispute process, or any auto-verification:

• (a) excludes, restricts, or modifies your rights under the Consumer Guarantees Act, Cap. 326E (including rights to Services carried out with reasonable care and skill, fit for purpose, and within a reasonable time, and associated remedies);
• (b) excludes, restricts, or modifies your rights under the Consumer Protection Act, Cap. 326D (including protection from unfair contract terms and misleading conduct);
• (c) affects your access to the Consumer Claims Tribunal (for claims up to BBD 10,000) or the Magistrates’ Courts;
• (d) prevents you from complaining to any competent regulator or ombudsperson.

11.5 Provider Liability. In any dispute involving the quality, safety, or performance of the Services, the Provider is primarily liable to you as the supplier of those Services. Nexus’s role is to facilitate fair resolution through the Platform’s dispute mechanism and, where appropriate, escrow refund.

12. Nexus Guarantee

12.1 Nexus may from time to time publish a Nexus Guarantee — a supplementary trust promise that may cover, for example, rework support, goodwill refunds, or safety cover. Where a Nexus Guarantee is in force and disclosed at Booking, its terms apply in addition to (and not in substitution for) these Terms and your statutory rights.

12.2 Details of any current Nexus Guarantee will be published on the Platform and form part of these Terms by reference. In the event of any inconsistency, the more Consumer-protective provision prevails.

12.3 The Nexus Guarantee is a contractual commitment by Nexus and does not make Nexus a supplier of the Services or a co-contractor under the service contract with the Provider.

13. Ratings, Reviews & User Content

13.1 You retain ownership of content you submit (reviews, ratings, photos, dispute evidence, and other material — your “Consumer Content”).

13.2 You grant Nexus a non-exclusive, royalty-free, worldwide, sublicensable licence to host, display, reproduce, adapt, moderate, and use Consumer Content for the purposes of:

• (a) operating and promoting the Platform;
• (b) processing Bookings and resolving disputes;
• (c) internal analytics and quality monitoring.

13.3 You warrant that Consumer Content:

• (a) reflects your genuine, first-hand experience;
• (b) is accurate, not misleading, and not defamatory;
• (c) does not infringe third-party rights (including privacy and intellectual property rights);
• (d) does not contain unlawful, abusive, or discriminatory material.

13.4 Nexus may, in its reasonable discretion, moderate, edit (for length or clarity only, without changing substance), decline to publish, or remove Consumer Content that breaches Section 13.3 or applicable law. Nexus will not remove a review solely because it is negative, provided it is truthful and lawful.

13.5 Nexus owns all right, title, and interest in the Platform, its code, design, and trademarks (“Nexus”, logos, and related marks). You are granted a limited, revocable, non-exclusive licence to use the Platform solely for the purposes of these Terms.

14. Acceptable Use & Prohibited Conduct

14.1 You shall not, in connection with the Platform:

• (a) submit false, fraudulent, or misleading Booking information;
• (b) impersonate any person or misrepresent your identity or affiliation;
• (c) harass, threaten, abuse, or discriminate against any Provider or Nexus personnel;
• (d) submit false, defamatory, or manipulated reviews or ratings (whether positive or negative);
• (e) initiate abusive chargebacks (see Section 6.6);
• (f) circumvent the Platform’s payment or dispute mechanism (see Section 6.7);
• (g) scrape, reverse engineer, decompile, or extract data from the Platform other than as permitted by law;
• (h) introduce malware or attempt to disrupt, overload, or probe Platform security;
• (i) use the Platform for any purpose that is unlawful, deceptive, or harmful.

14.2 Breach of Section 14 may result in warning, suspension, termination, reversal of payments, and/or referral to law enforcement.

15. Data Protection & Privacy

15.1 Nexus processes your personal data in accordance with the Data Protection Act, 2019-29 of Barbados and the Nexus Privacy Policy, as updated from time to time.

15.2 By making a Booking, you acknowledge that the following information will be shared with the matched Provider to the extent necessary to fulfil the Booking: your name, contact details, service address, issue description, and any photos you upload. The Provider is contractually bound to use this information only to fulfil the Booking and not to solicit you off-platform.

15.3 You have rights under the Data Protection Act in respect of your personal data, including rights of access, correction, and (in certain circumstances) erasure. Requests should be sent to the contact point set out in the Nexus Privacy Policy.

15.4 You shall not misuse any personal data you receive through the Platform about a Provider (including their name, contact details, or any photograph) beyond what is necessary to receive the Services.

16. Liability & Indemnity

16.1 Provider as Supplier of Services. The Provider is the supplier of the Services under the Consumer Guarantees Act, Cap. 326E and is primarily liable for any defect, damage, injury, or loss caused by the Services. Nothing in this Section 16 restricts your rights or remedies against the Provider.

16.2 Nexus’s Liability — Platform-Related Matters. Nexus’s liability to you arises only in respect of its operation of the Platform (such as escrow handling, dispute processing, account availability, and information published by Nexus), and not in respect of the performance of the Services themselves (which is the Provider’s responsibility).

16.3 Nexus’s Liability Cap. To the maximum extent permitted by law, and subject to Section 16.5, Nexus’s total aggregate liability to you under or in connection with these Terms in any 12-month period shall not exceed the greater of:

• (a) the total Service Fees paid by you to Nexus in that 12-month period; or
• (b) BBD 500.

Nexus shall not be liable for any indirect, consequential, special, or punitive loss, including loss of profits, goodwill, or business opportunity.

16.4 Consumer Indemnity — Narrow. You shall indemnify and hold harmless Nexus from and against claims, losses, damages, and reasonable expenses to the extent they arise from:

• (a) your breach of these Terms;
• (b) damage you intentionally or negligently cause to a Provider, their equipment, or any third party;
• (c) fraudulent or misleading information you submit (including false Booking information or manipulated reviews);
• (d) any unlawful act you commit through the Platform.

For the avoidance of doubt, you are not required to indemnify Nexus in respect of any defect, failure, or harm caused by the Services themselves or by the Provider.

16.5 Non-Excludable Rights. Nothing in this Section 16 limits or excludes:

• (a) Nexus’s liability for death or personal injury caused by its negligence;
• (b) Nexus’s liability for fraud or fraudulent misrepresentation;
• (c) any liability that cannot be excluded or limited under Barbadian law, including under the Consumer Guarantees Act, Cap. 326E, or the Consumer Protection Act, Cap. 326D.

17. Suspension & Termination

17.1 Your Right to Close. You may close your Consumer account at any time through the Platform. Closure does not affect Bookings already in progress, which will either be fulfilled or refunded under these Terms.

17.2 Nexus’s Right to Suspend or Terminate. Nexus may suspend or terminate your account where you:

• (a) materially breach these Terms and fail to remedy the breach on reasonable request (where the breach is capable of remedy);
• (b) engage in fraud, misrepresentation, abusive chargebacks, harassment, threats, violence, or discrimination;
• (c) pose a safety risk to any Provider or third party;
• (d) repeatedly violate Section 14 (Acceptable Use).

17.3 Consequences. On termination:

• (a) any funds held in escrow for in-flight Bookings will be handled in accordance with these Terms and applicable law (refund where the Provider has not yet performed; release where the Services have been performed and verified);
• (b) your statutory rights in respect of completed Bookings survive;
• (c) Sections 11 (Disputes & Consumer Rights), 13 (Ratings & Content — as to content already licensed), 15 (Data Protection), 16 (Liability & Indemnity), 18 (Governing Law), and any accrued payment obligations survive.

18. Governing Law & Jurisdiction

18.1 These Terms are governed by the laws of Barbados.

18.2 You may bring any claim arising from or connected with these Terms or your use of the Platform before:

• (a) the Consumer Claims Tribunal of Barbados (for eligible claims up to BBD 10,000);
• (b) the Magistrates’ Courts of Barbados;
• (c) the High Court of Barbados; or
• (d) by mutual agreement, arbitration under the Arbitration Act, Cap. 110 (see Section 11.3).

18.3 For claims brought by Nexus against you, the courts of Barbados have exclusive jurisdiction.

18.4 Nothing in these Terms deprives you of the protection of any mandatory provision of the law of the place where you reside, to the extent that Barbadian law and those provisions interact as a matter of private international law.

19. Electronic Acceptance

19.1 You confirm that ticking “I Agree” (or equivalent affirmative action) upon registration constitutes an electronic signature binding you to these Terms pursuant to the Electronic Transactions Act, Cap. 308B.

19.2 Nexus will retain a record of the acceptance including date, time, IP address, and version of the Terms accepted, which shall be admissible as evidence of execution.

20. Amendments

20.1 Nexus may amend these Terms on at least 30 days’ notice delivered through the Platform or by email. Amendments required by law, security, or regulator direction may take effect sooner, with prominent notice.

20.2 Amendments do not apply retroactively to Bookings you have already placed before the effective date. Those Bookings remain governed by the version of the Terms in force at the time of Booking.

20.3 If you do not accept an amendment, your sole remedy is to close your account under Section 17.1. Continued use of the Platform after the effective date constitutes acceptance of the amended Terms.

20.4 On each material amendment, Nexus will publish the version number, effective date, and a plain-English summary of key changes.

21. General

21.1 Assignment. You may not assign or transfer your rights under these Terms. Nexus may assign to an affiliate or in connection with a corporate reorganisation or sale, provided your rights and protections are not diminished.

21.2 Severability. If any provision is held unenforceable, the remainder shall continue in full force. Where a provision is held unenforceable specifically because it is an unfair contract term under the Consumer Protection Act, Cap. 326D, it shall be read down or severed as required to comply with that Act, with the balance of the Terms remaining effective.

21.3 No Waiver. Failure to enforce a provision does not waive the right to enforce it later.

21.4 Notices. Notices to you may be sent through the Platform or to your registered email address. Notices to Nexus must be sent to admin@nexusbarbados.com or Nexus Platform Ltd, Cottage #3, Rowans, St George, BB19034, Barbados.

21.5 Entire Agreement. These Terms, together with the Nexus Privacy Policy, the Platform’s published cancellation policy, any Nexus Guarantee terms in force, and any policies referenced herein, constitute the entire agreement between the Parties with respect to its subject matter and supersede any prior understandings.

21.6 Language. The English-language version of these Terms is the sole authoritative version.

Acceptance

By clicking “I Agree” during Consumer registration, you confirm that:

• you have read, understood, and agree to be bound by these Terms;
• you have legal capacity to enter into this agreement;
• all information you provided is true and current;
• you understand that Nexus is a marketplace and that the service contract for any Booking is between you and the Provider; and
• you understand that your statutory rights under Barbadian consumer protection law are preserved in full.