Nexus BarbadosNexusBarbados

Terms of Service

The agreement between you and Nexus when you use the Nexus marketplace — whether as a Client or a Service Provider.

Version: 2.2
Effective date: 26 July 2026
Last updated: 21 August 2026
Governing law: Barbados
Legal entity: Nexus Platform Ltd
Location: Rowans
Applies to: All Users (Clients and Service Providers)
Companion documents: Privacy Policy, Cancellation Policy

Acceptable use: The Acceptable Use Policy is included at the end of this document (not a separate URL).

These Nexus Platform Terms of Service (the “Terms of Service” or the “Terms”) constitute a legally binding agreement between each User and Nexus Platform Ltd. (together with its Affiliates, “Nexus Platform”, “Nexus”, “we”, “us” or “our”) governing access to and use of the Nexus Platform mobile applications, communication tools, payment tools and related services, information and features (collectively, the “Platform”).

These Terms, together with the Privacy Policy, Acceptable Use Policy, Cancellation Policy, payment terms and any other supplemental policies or terms made available by Nexus Platform, govern your access to and use of the Platform. All such policies and supplemental terms are incorporated into this Agreement by reference.

BY ACKNOWLEDGING THE TERMS OF SERVICE AND/OR ACCESSING AND USING THE PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND AND AGREE TO BE BOUND BY (WITHOUT LIMITATION OR QUALIFICATION), THE AGREEMENT (INCLUDING, ALL TERMS INCORPORATED HEREIN BY REFERENCE). IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT AND ABIDE BY ITS TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

The Platform

The Platform is an app-based two-sided marketplace which enables connections between Clients and Service Providers. “Client(s)” are individuals and/or businesses seeking to obtain short-term services (“Task(s)”), and “Service Providers(s) or Providers” are sole proprietors or businesses seeking to perform Tasks for Clients. Clients and Service Providers are referred to herein together as “User(s)”.

Service Providers

Service Providers are independent individuals or business owners, providing services under their own name or business name (and not under Nexus’ name), using their own tools and supplies. Service Providers choose the applicable rates for Tasks, without deduction by Nexus. Service Providers may (a) maintain a clientele without any restrictions from Nexus; (b) offer and provide their services elsewhere, including through competing platforms; and (c) accept or reject Clients and Service Agreements (defined below). Service Providers are independent contractors of Clients, and Clients are therefore clients of Service Providers, not Nexus Platform.

Any reference to a Service Provider being licensed or credentialed in some manner, indicates only that the Service Provider has completed a relevant user account registration process or met certain criteria and does not, and shall not be deemed to, represent anything else. Any such description: (i) is intended to be useful information for Clients to evaluate when they make their own decisions about the identity and suitability of Service Providers whom they select or interact, or contract with via the Platform; and (ii) is not an endorsement, certification or guarantee by Nexus Platform of a Service Provider’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable.

Notwithstanding any feature or service of the Platform that a Client may use to expedite Service Provider selection, the Client is responsible for determining the Task and selecting or otherwise approving their Service Provider and should undertake their own research prior to booking any Task to be satisfied that a specific Service Provider has the right qualifications and suits their precise needs.

Nexus Platform’s Role

The Platform is not an employment agency service or business, and Nexus Platform is not an employer of any Service Provider. Service Providers are not employees, partners, representatives, agents, joint venturers or franchisees of Nexus Platform. Service Providers may be independent contractors of Clients for purposes of the applicable Service Agreement, but they are not independent contractors, employees or agents of Nexus Platform.

Users acknowledge and agree that Nexus Platform does not: (a) perform Tasks or employ individuals to perform Tasks; (b) supervise, scope, direct, control or monitor Service Providers’ work, including work locations, work hours, methods, tools or supplies; (c) pay Service Provider expenses; (d) guarantee the quality, timing, legality, safety, completion, payment or outcome of any Task; or (e) control the integrity, responsibility, competence, qualifications, communications, ratings or reviews of Users. The formation of a Service Agreement will not create any responsibility or liability for Nexus Platform, nor any employment, agency, partnership, joint venture or other relationship between Nexus Platform and any User or between the Client and the Service Provider. Users have no authority to act as agent for, bind or make representations on behalf of Nexus Platform.

Nexus Platform is neither responsible nor liable for National Insurance and Social Security, P.A.Y.E., Value Added Tax, income tax, withholding tax, business registrations, licensing obligations or any other tax, levy, contribution or governmental payment arising from a User’s use of the Platform. Each User assumes all liability for the proper classification of workers and for compliance with applicable tax and employment laws.

Licence

Subject to your compliance with the terms of the Agreement, Nexus Platform grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Platform (in the locations and territories where the Platform has a presence), (b) download, access and use the App on your personal device, solely in furtherance of your use of the Platform, and (c) access and view any content, information and materials made available on the Platform, in all cases for your personal use and the intended purpose of the Platform. All Users are subject to, and agree to comply with, the Terms in their use of the Platform. Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Platform or anything therefrom or thereon (in whole or in part) without Nexus Platform’s prior written consent. Any rights not granted by Nexus Platform are expressly reserved.

User Representations and Warranties

In your access to and use of the Platform, you represent and warrant that you:

  • will comply fully with the terms of the Agreement, including these Terms, the Acceptable Use Policy and all other Supplemental Terms;
  • are at least 18 years of age (the age of majority in Barbados) and are otherwise capable of entering into binding contracts;
  • have the right, authority and capacity to enter into the Agreement (including that you have the right and authority to act on behalf of, and bind to the Agreement, any company or organization on whose behalf you are entering into the Agreement);
  • will only request and/or perform (as applicable) Tasks in a country where the Platform has a presence;
  • will respect the privacy (including, without limitation, private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Task or any interaction by or with any User and/or Nexus Platform without obtaining the prior written consent of Nexus Platform and/or the relevant User, as applicable;
  • will act professionally and responsibly in your interactions with, and fulfill the commitments you make to, other Users (including by communicating clearly and promptly, and being present and/or available at the time you agree upon with other Users);
  • will only use the payment tools made available through the Platform in accordance with this Agreement and any applicable payment processor terms;
  • will use your legal name and/or legal business name (as per your government issued identification and registration documents) and an up-to-date photo on your profile;
  • will comply with all applicable local, state, provincial, national, or international laws in your use of the Platform;
  • will not use the Platform for the purchase or delivery of alcohol, or any other controlled or illegal substances or services; and
  • will ensure that all communications regarding Tasks (including, without limitation, scoping and payments and any questions relevant to Tasks), remain on the Platform, before, during and after the Task.
  • will not request, accept, solicit, make or complete payment outside the Platform for any Task introduced, booked, scoped or communicated through the Platform, unless Nexus Platform expressly permits otherwise in writing.

Additional Representations and Warranties

If you are a Service Provider, you additionally represent and warrant that, in your access to and use of the Platform, you:

  • are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity when using the Platform;
  • are customarily engaged in an independently established business of the same nature as the services performed for Clients through the Platform, and maintain an independent clientele;
  • have the unrestricted right to work in the jurisdiction in which you perform Tasks;
  • have and will maintain (at your own expense) any licenses, permits, and/or registrations required by applicable laws that apply to your performance of Tasks (including, as applicable, a business license, business tax registration, and/or contractor’s license);
  • have and will maintain all insurance required to operate your business and perform the Tasks;
  • will respond to invitations promptly; provide timely, high-quality services for your Clients and will only offer and provide Tasks for which you have the necessary expertise to perform; and perform the Tasks as agreed upon with your Client in a safe manner; and
  • will promptly disclose to Nexus Platform in writing if you have any potentially relevant criminal convictions that arise during your use of the Platform.

Registration

You must register and create an account to access and use the Platform, providing only correct and accurate information (such as, without limitation, your legal name, business name, mailing address, email address, and/or telephone number). You agree to immediately notify Nexus Platform of any changes to your account information. If any such change relates to ownership of your telephone numbers, you may notify Nexus Platform by admin@nexusbarbados.com. Failure to provide and maintain updated and accurate information may result in your inability to use the Platform and/or Nexus Platform’s termination of this Agreement with you. Nexus Platform may restrict anyone from completing registration if Nexus Platform determines such person may threaten the safety and integrity of the Platform, or if such restriction is necessary to address any other reasonable business concern.

Account Security

You are fully and solely responsible for (a) maintaining the confidentiality of any log-in, password, and account number provided by or given to you to access the Platform; and (b) all activities that occur under your password or account, even if not authorized by you. Nexus Platform has no control over any User’s account. You agree to notify Nexus Platform immediately if you suspect any unauthorized party may be using your Platform password or account or any other breach of security.

Service Provider Onboarding

  • (i) Identification Verification Documents. On registration, Service Providers will be required to upload: A valid form of government issued identification;

A Police Certificate of Good Character valid within thirty (30) days of registration; and

Biometric verification, the capture of a real-time photographic image through the Platform for the purpose of confirming that the Service Provider is the individual depicted in the government-issued identification submitted by the Service Provider.

  • (ii) Background Checks. To the extent permitted by applicable law, Service Providers may be subject to a review process before they can register on, and during their use of, the Platform, which may include, but is not limited to, identity verification and criminal background checks, using third party services as appropriate (“Background Check(s)”). If a Service Provider, to the extent permitted under applicable law, you agree to undergo such Background Checks. Nexus Platform cannot, and does not, assume any responsibility or liability for the accuracy or reliability of Background Check information, nor for any false or misleading statements made by Users of the Platform.
  • (iii) Professional Licensing. Nexus Platform does not independently verify that Service Providers have the necessary expertise, or have obtained any licenses, permits, or registrations required, to perform their Tasks. It may be unlawful to perform certain types of Tasks without a license, permit and/or registration, and performing same may result in law enforcement action and/or penalties or fines. Service Providers are solely responsible for avoiding such prohibited Tasks. If you have questions about how local laws apply to your Tasks on the Platform, you should first seek appropriate legal guidance. Clients are solely responsible for determining if a Service Provider has the skills and qualifications necessary to perform the specific Task and confirming that the Service Provider has obtained all required licenses, permits, or registrations, if any. Clients may wish to consult local law requirements to determine whether certain Tasks are required to be performed by a licensed or otherwise registered professional.

D. Service Agreement

The Platform allows Users to offer, search for and book Tasks. After identifying and selecting a Service Provider to perform a Task, the Client and the Service Provider may communicate through the Platform to understand the scope, schedule, location, price, risks and other details of the Task, including any visible or concealed hazards, obstacles or impediments at the location. Once the Task is accepted and scheduled through the Platform, the Client and the Service Provider form a legally binding contract for the Task, which includes the engagement terms proposed and accepted, the Task details recorded on the Platform and any other lawful terms agreed between the Client and the Service Provider for the Task (the “Service Agreement”). The Client and the Service Provider each agree to comply with the Service Agreement and this Agreement. During the engagement, performance and completion of a Task, Service Providers and Clients are responsible for exercising their own business judgment in entering into Service Agreements. Nexus Platform is not a party to any Service Agreement, and the formation of a Service Agreement will not create any responsibility or liability for Nexus Platform.

E. Other Parties

  • (i) Service Provider Assistants. Where approved in advance by the Client for the Task, Specific Providers may engage assistants, helpers, subcontractors or other personnel to perform all or any part of a Task; provided that such personnel have registered through the Platform and meet all of the requirements applicable to the Service Provider as set out in the Agreement. The Service Provider assumes full and sole responsibility for the acts and omissions of all personnel used in its performance of Tasks and is fully responsible for: (a) the lawful payment of all compensation, benefits and expenses for its personnel, (b) all required and applicable tax withholdings as to such personnel, and (c) ensuring all personnel are registered Service Providers on the Platform.

  • (ii) Client Agents. The Client agrees that if they have authorized someone other than the Client to book a Task on their behalf or to be present in their stead when the Task is performed, the Client is appointing that person as their agent (“Client Agent(s)”), and the Client is deemed to have granted to the Client Agent the authority to act as their agent in relation to the applicable Task. Client Agents may direct or instruct the Service Provider’s performance of the Task, and the Service Provider may follow such direction as if the direction was given by the Client. The Client assumes full and sole responsibility for the acts and omissions of Client Agents.

10. Fees, Billing, Invoicing, Payments, Payouts and Cancellation

Clients agree to pay all amounts shown at the time of booking or otherwise agreed through the Platform, including the Service Provider’s charges, Nexus Platform service fees, payment processing fees, cancellation fees, taxes and any other disclosed charges. Nexus Platform may collect payments from Clients, facilitate payouts to Service Providers and use third-party payment processors to process transactions. Service Providers authorize Nexus Platform and its payment processors to receive Client payments, deduct applicable Platform fees, processing fees, taxes, chargebacks, refunds, reserves or other permitted amounts, and remit the balance to the Service Provider in accordance with the Platform’s payout schedule.

Nexus Platform may place payment holds, delay payouts, reverse payments, set reserves, request additional information, suspend payment functionality or decline transactions where reasonably necessary to address fraud, failed payments, chargebacks, disputes, compliance reviews, suspected breaches of this Agreement, legal requirements or payment processor requirements. Users are responsible for ensuring that their payment details are accurate and current. Nexus Platform is not responsible for delays caused by banks, card networks, payment processors or incorrect payment information supplied by a User.

Cancellations, refunds, credits, no-shows, late arrivals and disputes will be handled in accordance with the Cancellation Policy and any process displayed in the Platform at the time of booking. Unless otherwise required by applicable law, Nexus Platform fees, cancellation fees and completed Task payments may be non-refundable. Nothing in this Agreement limits any non-excludable consumer rights or remedies that apply under Barbados law.

Users must not circumvent the Platform by arranging payment, booking, communication or performance of any Task outside the Platform after introduction through the Platform. Nexus Platform may suspend or deactivate accounts, withhold or recover fees and take other lawful action where it reasonably believes a User has attempted to avoid Platform fees or payment controls.

11. Platform Communications

Users agree that all Task-related communications, including scoping, scheduling, pricing, changes, completion evidence, complaints and payment discussions, must remain on the Platform unless Nexus Platform expressly permits otherwise. Nexus Platform may access, monitor, review, preserve and disclose Platform communications where reasonably necessary for safety, fraud prevention, quality assurance, dispute resolution, compliance, legal process, enforcement of this Agreement or operation of the Platform, in accordance with the Privacy Policy and applicable law.

Users must not use Platform communications to harass, threaten, abuse, discriminate against, spam, mislead, solicit off-platform business, share unlawful content, request prohibited services or exchange payment information intended to avoid the Platform. The Platform is not an emergency service, and Users must contact local emergency services directly in the event of an emergency, immediate danger or suspected criminal activity.

12. Contests and Promotional Codes

Nexus Platform may, from time to time, provide certain optional promotional codes, opportunities and contests to Users. All such optional promotional opportunities will be run at the sole discretion of Nexus Platform, will be subject to the terms and conditions governing same, and can be implemented, modified, or removed at any time by Nexus Platform without advance notification.

13. Public Areas and Reviews

The Platform may contain profiles, ratings, reviews, task postings, chat areas and other communication features that allow Users to communicate with other Users or publish information relevant to the Platform (“Public Areas”). You may only use Public Areas to send, receive or publish messages and materials that are lawful, accurate, relevant and proper for the applicable feature.

You understand that all submissions made to Public Areas will be public, and you will be publicly identified by your name or login identification when communicating in Public Areas. Nexus Platform will not be responsible for the actions of any Users with respect to any information or materials posted or disclosed in Public Areas.

14. Prohibited Services and Trust and Safety

Users must not request, offer, perform or facilitate any Task that is unlawful, unsafe, deceptive, discriminatory, abusive, exploitative or outside the Service Provider’s lawful authority, qualifications, insurance or licensing. Prohibited Tasks include, without limitation, Tasks involving controlled substances, weapons, hazardous materials, illegal activity, adult services, gambling, harassment, discrimination, regulated professional services without required licensing, medical, legal, financial or childcare services unless expressly permitted by Nexus Platform and lawfully performed, or any Task that creates an unreasonable risk of injury, property damage or legal non-compliance.

Clients are responsible for providing a safe, lawful and accessible Task location and for disclosing known hazards, access restrictions, special instructions and site conditions. Service Providers are responsible for performing Tasks safely, lawfully and professionally and for declining or stopping work where they reasonably believe the Task is unsafe, unlawful, outside scope or outside their qualifications.

15. Insurance, Damage and User Responsibility

Nexus Platform does not provide insurance for Users unless expressly stated in a separate written policy. Service Providers are solely responsible for maintaining all insurance required for their business and Tasks. Service Providers are responsible for loss, damage, injury, claims or expenses caused by their acts or omissions or those of their assistants, subcontractors or personnel. Clients are responsible for loss, damage, injury, claims or expenses caused by unsafe premises, inaccurate instructions, concealed hazards, Client Agents or Client acts or omissions.

16. Deactivation and Suspension

In the event of an actual or suspected breach by you of any part of the Agreement (including, without limitation, abuse, fraud or interference with the proper working of the Platform), Nexus Platform may (a) suspend your right to use the Platform pending its investigation; and/or (b) deactivate your account or limit your use of the Platform upon its confirmation of a breach. Nexus Platform will provide you with written notice of its determination in accordance with, and as required by, applicable laws. If you wish to appeal any determination made by Nexus Platform pursuant to this Section, please contact us at admin@nexusbarbados.com within 14 days of receipt of such notice with the grounds for your appeal.

If Nexus Platform suspends or deactivates your account or limits your use of the Platform pursuant to this section, you may not register and/or create a new account under different usernames, identities or contact details (whether under your or any other name or business name), even if you are acting on behalf of a third party.

17. Termination

You may terminate the Agreement between you and Nexus Platform at any time by ceasing all use of the Platform and deactivating your account. Nexus Platform may terminate the Agreement between you and Nexus Platform at any time, and cease providing access to the Platform.

Even after your right to use the Platform is suspended, terminated or limited, the Agreement will remain enforceable against you. Nexus Platform reserves the right to take appropriate legal action pursuant to the Agreement.

18. User Generated Content; Feedback

A. User Generated Content

“User Generated Content” is defined as any information, content and materials (including any videotape, film, recording, photograph, voice) you provide to Nexus Platform, its agents, Affiliates, and corporate partners, or other Users in connection with your registration for and use of the Platform (including, without limitation, the information and materials posted or transmitted for use in Public Areas).

User Generated Content is not the opinion of, and has not been verified or approved by, Nexus Platform. You acknowledge and agree that Nexus Platform: (a) is not involved in the creation or development of User Generated Content and does not control any User Generated Content; (b) is not responsible or liable for any User Generated Content (including any accuracy, or results obtained by the use, thereof or reliance thereon); (c) may, but has no obligation to, monitor or review User Generated Content; and (d) reserves the right to limit or remove User Generated Content for any reason.

You are and remain solely responsible and liable for your User Generated Content. To the extent permitted by law, you grant Nexus Platform a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to host, store, reproduce, display, transmit, adapt and otherwise use your User Generated Content as reasonably necessary to operate, secure, improve, promote and provide the Platform, enforce this Agreement, resolve disputes and comply with law. Nexus Platform will not use your biometric verification materials for advertising or marketing unless you provide separate express consent. Any use of your name, username, image, likeness, voice or biographical information for marketing will be subject to the Privacy Policy, applicable law and any consents required by law.

You hereby represent and warrant to Nexus Platform that your User Generated Content will not: (1) be false, inaccurate, incomplete or misleading; (2) be fraudulent or involve the transfer or sale of illegal, counterfeit or stolen items; (3) infringe on any third party’s privacy, or copyright, patent, trademark, trade secret or other proprietary or intellectual property right or rights of publicity or personality (to the extent recognized by law in the country where the Task is performed); (4) violate any law, statute, ordinance, code, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, incitement of hatred or false or misleading advertising, anti-spam or privacy); (5) be defamatory, libelous, malicious, threatening, or harassing; (6) be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (7) contain any viruses, scripts such as Trojan Horses, SQL injections, worms, time bombs, corrupt files, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (8) claim or suggest in any way that you are employed or directly engaged by or affiliated with Nexus Platform or otherwise purport to act as a representative or agent of Nexus Platform; or (9) create liability for Nexus Platform or cause Nexus Platform to lose (in whole or in part) the services of its Internet Service Providers (ISPs) or other partners or suppliers.

You hereby waive: (1) any “moral rights” associated with the User Generated Content (to the extent allowable by law); and (2) all claims relevant to the User Generated Content and Nexus Platform’s use thereof and of your Likeness. You release the Nexus Platform Parties (defined below) from, and shall hold such parties harmless from and against, any and all Liabilities (defined below), (including, without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter), based upon or relating to Nexus Platform’s use and exploitation of such User Generated Content and your Likeness as permitted herein. All waivers are applied in accordance with Barbados laws.

Nexus Platform is entitled to identify a User to other Users, law enforcement, regulators, payment processors or third parties who claim that their rights have been infringed by User Generated Content submitted by that User, where Nexus Platform reasonably believes disclosure is necessary or permitted by law, legal process, safety, fraud prevention, dispute resolution or enforcement of this Agreement. If a User discovers User Generated Content that promotes violence, unlawful activity, exploitation of minors or other serious harm, the User must notify Nexus Platform promptly.

B. Feedback

The Platform hosts User Generated Content relating to reviews and ratings of specific Service Providers (“Feedback”), which enables Users to post and read other Users’ expressions of their experiences. Feedback is the opinion of the User who has posted it. Feedback is not the opinion of, and has not been verified or approved by, Nexus Platform. Nexus Platform does not evaluate Users. Nexus Platform may, but is not obligated to, investigate, modify and/or remove any Feedback or other remarks posted by Users. You may request removal of a review by contacting Nexus Platform but it is discretionary if Nexus Platform complies with this request.

19. Privacy, Verification, KYC, AML and Compliance

Nexus Platform may collect, use, store, verify and disclose personal data, identity documents, photographs, biometric verification data, criminal record or police certificate information, payment information, communications, location information and other information as described in the Privacy Policy and as reasonably necessary to operate the Platform, verify Users, process payments, prevent fraud, conduct safety and compliance reviews, resolve disputes and comply with applicable law.

Users consent to identity verification, background screening, sanctions screening, anti-money laundering and counter-terrorist financing checks where required or reasonably requested by Nexus Platform, its verification vendors, payment processors, financial institutions or applicable law. Nexus Platform may request additional information, refuse registration, suspend access, delay or withhold payouts, decline transactions or deactivate an account where information is incomplete, inaccurate, expired, suspicious, non-compliant or otherwise raises safety, fraud, legal or regulatory concerns.

Users are responsible for providing accurate tax, identity, business registration and payout information. Nexus Platform may collect, report, deduct, withhold or remit taxes, fees or other amounts where required by law, payment processor rules or governmental authority. Service Providers remain solely responsible for determining and satisfying their own tax, licensing, registration, insurance and reporting obligations.

20. Intellectual Property Rights

The Platform, and all components thereof and content made available and/or displayed thereon including any trademarks, copyrights and all text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, typefaces, information, tools, designs, interfaces and other content (including the coordination, selection, arrangement, and enhancement of, and any and all intellectual property rights in and to, the foregoing (collectively “Proprietary Material”)), is owned by Nexus Platform, excluding User Generated Content and any third-party websites made available on or via the Platform. Proprietary Material is protected, in all forms, media and technologies now known or hereinafter developed, by domestic and international laws, including those governing copyright, patents, and other proprietary and intellectual property rights. Any use of the Proprietary Material other than as permitted in the Agreement is expressly prohibited.

You may not copy or use the Marks without obtaining Nexus Platform’s express prior written consent. Any other trademarks, service marks, logos and/or trade names appearing on the Platform are the property of their respective owner and may not be used without the prior written consent of such owner.

21. Disclaimer of Warranties

Use Of The Platform Is Entirely At Your Own Risk

THE PLATFORM AND THE TECHNOLOGY UNDERLYING IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, (INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE, AND/OR NON-INFRINGEMENT), AND THE SAME ARE EXPRESSLY EXCLUDED.

WITHOUT LIMITING THE FOREGOING, NEXUS PLATFORM AND ITS AFFILIATES, LICENSORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “AFFILIATES”, AND TOGETHER WITH NEXUS PLATFORM, THE “NEXUS PLATFORM PARTIES”):

MAKE NO, AND EXPRESSLY DISCLAIM (TO THE EXTENT PERMITTED BY LAW), ALL REPRESENTATIONS AND WARRANTIES AS TO, (I) THE TIMELINESS, SUITABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR CONTENT OF THE PLATFORM, (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR ANY TASK OR SERVICE PROVIDED ON, THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM, OR (III) THE TASKS OR SERVICES PROVIDED BY, OR THE INTERACTIONS OR COMMUNICATIONS OF OR BETWEEN, USERS OF THE PLATFORM (WHETHER ON- OR OFF-LINE, OR OTHERWISE) (INCLUDING, BUT NOT LIMITED TO, AS TO ANY SERVICE PROVIDER’S ABILITY, PROFESSIONAL ACCREDITATION, REGISTRATION OR LICENSURE);

DO NOT WARRANT THAT THE PLATFORM IS OR WILL BE (1) ERROR-FREE OR THAT ACCESS THERETO WILL BE UNINTERRUPTED; OR (2) FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES; AND

DO NOT WARRANT, ENDORSE, GUARANTEE, RECOMMEND, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, INCLUDING BY ANY SERVICE PROVIDER, AND NEXUS PLATFORM WILL NOT BE A PARTY TO, OR IN ANY WAY MONITOR, ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

There may be some exclusions or limitations on certain implied warranties, so the above exclusions and limitations may not apply to you or to specific circumstances. These terms give you specific legal rights, and you may also have other rights, which vary from claim to claim. The disclaimers, exclusions, and limitations under these terms will not apply to the extent prohibited by applicable law.

22. Limitation of Liability

You acknowledge and agree that Nexus Platform is only willing to provide the Platform if you agree to certain limitations of our liability to you and third parties, as set out in this Section and elsewhere in the Agreement.

THEREFORE, YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL THE NEXUS PLATFORM PARTIES OR THEIR PARTNERS BE RESPONSIBLE OR LIABLE (WHETHER IN CONTRACT, WARRANTY, TORT OR OTHERWISE) FOR, AND SUCH PARTIES EXPRESSLY DISCLAIM, ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION AND THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), EXPENSES (INCLUDING ATTORNEYS’ FEES AND COSTS), LOSSES, GOVERNMENTAL OBLIGATIONS, SUITS, AND/OR CONTROVERSIES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED (COLLECTIVELY, “LIABILITIES”) ARISING OUT OF OR IN ANY WAY RELATED TO OR CONNECTED WITH THE PLATFORM OR YOUR OR ANY OTHER PARTY’S USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE THE NEXUS PLATFORM PARTIES AND THEIR CORPORATE PARTNERS FROM THE FOREGOING.

Nothing in the Agreement excludes or limits any liability or warranty that, by applicable law, may not be limited or excluded. Additionally, some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE NEXUS PLATFORM PARTIES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED: (A) IF YOU ARE A CLIENT, THE TOTAL FEES PAID BY YOU TO NEXUS PLATFORM IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE; AND (B) IF YOU ARE A SERVICE PROVIDER, THE TOTAL TASK PAYMENTS PAID TO YOU BY CLIENTS IN THE 6 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

23. Indemnification

A. Client Indemnification

If you are a Client, you shall indemnify, defend and hold harmless Nexus Platform and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your breach or violation of the Agreement; (iii) your violation of any law, or the rights of any User or third party; (iv) your use of any third-party links or websites that appear on the Platform; (v) any User Generated Content and/or Feedback submitted by you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Client Agents.

B. Service Provider Indemnification

If you are a Service Provider, you shall indemnify, defend, and hold harmless Nexus Platform and Affiliates from and against any and all Liabilities incurred in connection with (i) your use of, inability to use, or participation on, the Platform; (ii) your participation in Tasks, or your ability or inability to perform Tasks or to receive payment therefor; (iii) your breach or violation of the Agreement; (iv) your violation of any law, or the rights of any User or third party; (v) any User Generated Content and/or Feedback submitted by or about you or using your account to the Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful; and (vi) the acts or omissions of any Service Provider Assistants.

24. Dispute Resolution

All disputes you raise with Nexus Platform (including but not limited to (a) these Terms or the existence, breach, termination, enforcement, interpretation or validity thereof, or (b) your access to or use of the Services) shall be resolved on an individual basis through arbitration, governed by the Arbitration Act of Barbados and such decision of arbitration shall be binding and final.

You shall resolve any claim against Nexus Platform on an individual basis and shall not take part (therefore waiving all rights to trial by the Courts) in any current or future class, consolidated or representative action against Nexus Platform.

You and Nexus Platform retain the right to bring an individual action in the Civil Court and the right to seek injunctive or other equitable relief in a Court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights.

You and Nexus Platform shall mutually agree to one arbitrator to hear and determine the dispute. If the parties cannot agree on the arbitrator within one week of delivery of the written demand for arbitration by a party, the Arbitration and Mediation Court of the Caribbean shall appoint one.

The parties may mutually select a venue (for cost savings purposes) subject to agreement by the selected arbitrator. The arbitrator shall direct on the extent for a reasonable exchange of evidence and arguments and information between the parties (which need not strictly follow Civil Practice Rules) in advance of a hearing.

The Arbitrator may award declaratory or injunctive relief only to the extent necessary to provide relief warranted by the claimant’s individual claim. An Arbitrator’s decision shall be final and binding on all parties. The Arbitrator will determine the extent to which the parties recover legal fees and costs.

25. Changes to the Agreement, the Platform and the App

A. Changes to the Agreement

Nexus Platform reserves the right, at any time, to review, change, modify, update, add to, supplement, suspend, discontinue, or delete any term(s) or provision(s) of this Agreement and any supplemental agreements which may apply.

Notice of such amendments may be given by posting such updates or modifications (or notice thereof) on the Platform, on the online location of the relevant terms, policies or supplemental terms, by e-mail or in any other reasonable manner; and the amendments will be effective upon such posting. Your continued use of the Platform after such posting constitutes your consent to be bound by the Agreement, as amended.

Notwithstanding the foregoing, if such modifications and/or updates are material, you will be informed in advance for your acceptance or rejection. If any changes to the Agreement are unacceptable to you or cause you to no longer be in compliance with the Agreement, the previous Terms will apply to your current Tasks, but you will not be able to use the Platform or contract new Tasks and you must deactivate your account, and immediately stop using the Platform. After notifying you of any material changes, your continued use of the Platform following any revision to the Agreement constitutes your complete and irrevocable acceptance of any and all such changes, except where prohibited by any laws or regulations in your jurisdiction.

To the extent permitted by law, Nexus Platform shall not be liable to you for any modification to all or any portion of the Agreement.

B. Changes to the Platform

Nexus Platform reserves the right to, at any time, review, improve, modify, update, upgrade, discontinue, impose limits, or restrict access to, whether temporarily or permanently, all or any portion of the Platform (including any content or information available on or through the Platform), effective with prior notice (where possible) and without any liability to Nexus Platform. To the extent permitted by law, Nexus Platform shall not be liable to you for any updates, upgrades, modifications to or discontinuance of all or any portion of the Platform.

C. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Nexus Platform’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and/or (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

D. App Store Terms. If you access or download the App through a third-party app store, your use of the App may also be subject to that app store’s terms and policies. Third-party app store providers are not responsible for the Platform, Tasks, support, claims or liabilities arising under this Agreement, except to the extent required by their applicable terms or law.

26. No Rights of Third Parties; Assignment

No User may assign, transfer, delegate, or otherwise dispose of any of its rights or obligations under this Agreement, whether in whole or in part, without the prior written consent of Nexus Platform. Any purported assignment, transfer, or delegation made in breach of this provision shall be null and void.

27. Notices

Nexus Platform may provide notices under this Agreement by posting on the Platform, by in-app message, by email, by SMS or by any other reasonable method using the contact information associated with your account. Notices to Nexus Platform must be sent to the contact details designated by Nexus Platform for legal notices or support communications. A notice sent by email or in-app message will be deemed received when sent, unless the sender receives an automated delivery failure notice. Users are responsible for keeping account contact information accurate and current.

28. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of Barbados.

29. General Provisions

a. Relationship of the Parties

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship exists, is intended or created between you and Nexus Platform by the Agreement or your use of the Platform. Users do not have authority to act as agent for, nor to bind or make any representations on behalf of, Nexus Platform.

b. Entire Agreement

This Agreement constitutes the entire agreement between the Users and Nexus Platform with respect to its subject matter and supersedes all prior negotiations, discussions, representations, understandings, and agreements, whether oral or written. No amendment or modification of this Agreement shall be valid unless made in writing and signed by Nexus Platform.

c. Severability; Waiver

If any provision of this Agreement is held to be invalid, illegal, or unenforceable under the laws of Barbados, such provision shall, to the extent necessary, be severed from this Agreement, and the remaining provisions shall continue in full force and effect. Nexus Platform shall use reasonable efforts to replace any invalid, illegal, or unenforceable provision with a valid and enforceable provision that most closely reflects the original intent and commercial purpose of the severed provision.

Consent to Electronic Signatures

By using the Platform, you agree (a) to transact electronically through the Platform; (b) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (c) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (d) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.

Nexus Platform Acceptable Use Policy (“AUP”)

This Acceptable Use Policy forms part of the Nexus Platform Terms of Service and applies to all Users who access or use the Platform. Capitalized terms not defined in this Acceptable Use Policy have the meanings given in the Terms of Service.

General Rules

Users must use the Platform only for lawful, honest, safe and legitimate purposes connected with requesting, offering, communicating about, booking, performing and paying for Tasks through Nexus Platform. Users must comply with all applicable laws, the Terms of Service, this Acceptable Use Policy, the Privacy Policy, the Cancellation Policy and any other policies made available by Nexus Platform.

Prohibited Conduct

  • use the Platform for any unlawful, fraudulent, deceptive, misleading, abusive, threatening, harassing, discriminatory or unsafe purpose;
  • request, offer, perform or facilitate any prohibited, illegal, regulated or unsafe Task;
  • circumvent or attempt to circumvent Nexus Platform fees, payment systems, booking tools, communication tools or safety controls;
  • request, accept, solicit, make or complete payment outside the Platform for any Task introduced, booked, scoped or communicated through the Platform, unless expressly permitted by Nexus Platform in writing;
  • misrepresent identity, qualifications, licences, insurance, background, experience, location, availability, business status or ability to perform a Task;
  • create, use, sell, transfer or access another User’s account without authorization;
  • post false, misleading, defamatory, malicious, private, confidential, infringing or unlawful content;
  • harass, intimidate, threaten, exploit, discriminate against or abuse any User, Nexus Platform representative or third party;
  • collect, scrape, copy, harvest, sell or misuse personal data, account information, communications, pricing data, ratings, reviews or Platform content;
  • upload malware, viruses, automated scripts, bots, spam, phishing content, harmful code or other technology intended to damage, disrupt or interfere with the Platform;
  • reverse engineer, decompile, copy, modify, resell, sublicense, frame, mirror or exploit the Platform except as expressly permitted by Nexus Platform;
  • interfere with reviews, ratings, verification, fraud checks, dispute processes or account controls;
  • use the Platform for any form of money laundering;
  • use the Platform to advertise unrelated goods or services, recruit Users away from the Platform or solicit off-platform business; or
  • engage in any conduct that Nexus Platform reasonably determines may harm Users, the Platform, Nexus Platform’s reputation, payment processors, partners or the public.

Prohibited Services and Requests

Users must not request, offer, perform, arrange, communicate about or pay for Tasks involving illegal activity, controlled substances, weapons, hazardous materials, adult services, gambling, violence, harassment, discrimination, exploitation, unsafe premises, regulated professional services without required licensing, medical, legal, financial or childcare services unless expressly permitted by Nexus Platform and lawfully performed, or any other activity Nexus Platform identifies as prohibited from time to time.

Communication Standards

Task-related communications must remain on the Platform unless Nexus Platform expressly permits otherwise. Users must communicate professionally, honestly and respectfully. Users must not use Platform communications to exchange off-platform payment details, threaten or harass others, send spam, share unlawful content, request prohibited services, impersonate another person or interfere with Nexus Platform’s dispute, safety or compliance processes.

Enforcement

Nexus Platform may investigate suspected violations of this Acceptable Use Policy and may remove content, restrict features, cancel bookings, suspend accounts, deactivate accounts, delay or withhold payouts, report suspected unlawful activity, cooperate with law enforcement or regulators and take any other action Nexus Platform considers reasonably necessary to protect Users, the Platform or the public. Users may report suspected violations by contacting Nexus Platform at admin@nexusbarbados.com.