BETTABUILDER

Terms of Use

These Terms of Use form a legally binding agreement between you and Bettabuilder, governing your access to and use of the Bettabuilder mobile application, website and related services.

Introduction

These Terms of Use ("Terms") constitute a legally binding agreement between you ("you", "your" or "User") and Bettabuilder ("Bettabuilder", "we", "us" or "our") governing your access to and use of the Bettabuilder mobile application, website and related services (collectively, the "Platform").

Bettabuilder operates a digital marketplace that connects customers, including property developers and members of the diaspora, with suppliers of building materials, rental equipment providers, artisans and other construction professionals. The Platform enables Users to discover and compare products and services, communicate with Vendors, negotiate prices, place orders, request consultations, book services and manage related activities.

Unless expressly stated otherwise, Bettabuilder is not the seller, manufacturer, supplier, owner, lessor or service provider of any product, equipment or professional service listed by a Vendor on the Platform.

Acceptance

By accessing, registering for or using the Platform, you agree to be bound by these Terms, our Privacy Policy and any additional terms applicable to particular services. If you do not agree to these Terms, you must not use the Platform.

Eligibility and Acceptance

  1. The use of our platform is only available to persons who can enter into a legally binding contracts under the Nigerian law. If you are under the age of 18 years, you shall not register, transact or use the Platform. As a minor, if you wish to use or transact on our Platform, such use or transaction may be made by your legal guardian or parents who have registered as users of our platform.
  2. By using the Platform, you represent that all information provided by you are true, accurate, complete and current.
  3. Where a User acts on behalf of a company, partnership, business or other legal entity, that User represents and warrants that they have authority to bind that entity.
  4. We reserve the right to refuse registration, suspend an Account, restrict access or terminate registration where it reasonably believes that a User has provided false information, is ineligible to use the Platform or has breached these Terms.

Account Registration and Security

  1. Users are required to provide the information requested during registration, which may include an email address, telephone number and password.
  2. Vendors are required to provide additional business and verification information, including business name, owner's name, contact details, social media or website links, service categories and applicable banking information.
  3. You are responsible for maintaining the confidentiality of your account credentials and for all activities carried out through your Account. Hence, you shall not permit another person to use your Account without authorization.
  4. You must immediately notify Bettabuilder where you suspect unauthorised access, loss of credentials or compromise of your Account.
  5. Bettabuilder may require additional information or documentation where reasonably necessary for verification, security, compliance or fraud prevention.

Use of the Platform

  1. Subject to these Terms, Bettabuilder grants Users a limited, non-exclusive, non-transferable and revocable right to access and use the Platform for lawful personal or business purposes.
  2. Users shall not:
    1. use the Platform for any unlawful, fraudulent or deceptive purpose;
    2. impersonate another person or misrepresent their identity or authority;
    3. interfere with the operation or security of the Platform;
    4. introduce viruses, malware or other harmful code;
    5. attempt to gain unauthorised access to any account, system or database;
    6. scrape, harvest or systematically collect information from the Platform without written authorisation;
    7. use the Platform to infringe the rights of Bettabuilder or any third party;
    8. manipulate reviews, orders, enquiries or other Platform activity; or
    9. use the Platform in any manner contrary to applicable Nigerian law.

Vendor Registration and Verification

  1. Persons wishing to operate as Vendors must complete the applicable onboarding process and satisfy Bettabuilder's verification requirements.
  2. Vendor verification may include review of CAC registration information, business information, banking details, publicly available information and physical verification of the Vendor's business premises.
  3. Verification is intended to promote marketplace trust and does not constitute a guarantee, certification or endorsement by Bettabuilder of the Vendor, its Products, equipment or Services.
  4. A Vendor must promptly notify Bettabuilder of any material change to its business, ownership, registration status, banking information, contact details or Services.
  5. We may reject, suspend or remove a Vendor where information supplied is inaccurate, misleading, unverifiable or inconsistent with applicable law or these Terms of use.

Vendor Listings

  1. Vendors are solely responsible for the Products, equipment and Services they list on the Platform.
  2. Every listing must be accurate, complete, lawful and sufficiently detailed to enable a Customer to make an informed decision.
  3. Vendors shall provide accurate information regarding product or Service description, specifications and quantity, condition of service, price and applicable charges, availability, location, delivery, collection or performance arrangements, applicable warranties, limitations or exclusions and any material information affecting the Customer's decision.
  4. A Vendor shall not list Products or Services that are counterfeit, stolen, unsafe, prohibited, unlawfully obtained, defective in a manner not disclosed to the Customer, or otherwise prohibited by applicable law.
  5. Bettabuilder may review, edit, suspend, or remove any listing that it reasonably considers inaccurate, misleading, unlawful, unsafe, or inconsistent with the provisions of these Terms. For the avoidance of doubt, Bettabuilder shall not be liable for any defect or imperfection in any Product, notwithstanding that such defect or imperfection persists or remains after any review, editing, or approval of the listing by Bettabuilder.

Product, Equipment and Service Conditions

  1. Vendors shall ensure that Products supplied to Customers conform in all material respects with their descriptions, specifications, quantities and representations on the Platform.
  2. Where a Product is used, refurbished, second-hand, previously installed or otherwise not new, the Vendor must clearly disclose its condition and any material defects known to the Vendor.
  3. Vendors providing rental equipment shall accurately state the equipment's condition, specifications, rental period, applicable charges, operational requirements and any material restrictions.
  4. Vendors providing professional or artisan Services shall possess any licence, registration, qualification, certification, requisite experience or other authorisation required by Nigerian law for the relevant Service.
  5. Where a Vendor offers architectural, engineering, surveying, quantity surveying or other regulated professional services, the Vendor is solely responsible for ensuring compliance with all applicable professional and regulatory requirements.
  6. Vendors shall not provide Products, equipment or Services that they know or reasonably ought to know present an unreasonable risk to health, safety or property.

Customer and Purchaser Obligations

  1. A Customer shall provide accurate information when making an enquiry, placing an order, requesting a quotation or booking a Service.
  2. A Customer is responsible for ensuring that any specifications, measurements, quantities, dimensions, delivery details, project requirements or other information supplied by the Customer are accurate and complete.
  3. Where a Customer selects a Product based on its intended use or provides technical specifications, the Customer remains responsible for that selection except where the Vendor has expressly undertaken responsibility for providing professional advice or determining suitability.
  4. A Customer shall:
    1. pay the agreed price and applicable charges in accordance with the arrangement agreed with the Vendor;
    2. provide accurate delivery and contact information;
    3. provide reasonable access to a site where access is necessary for delivery, inspection or performance of a Service;
    4. promptly notify the Vendor of any apparent shortage, defect, damage or non-conformity;
    5. comply with agreed booking, cancellation and delivery arrangements;
    6. use rented equipment only for its intended and authorised purpose;
    7. comply with applicable safety requirements; and
    8. treat Vendors, artisans and other Users respectfully and lawfully.
  5. A Customer shall not:
    1. place fictitious, fraudulent or speculative orders;
    2. falsely claim to have made payment or make any fraudulent claim in respect of any transaction.
    3. use quotations or Vendor information for fraudulent purposes;
    4. submit knowingly false complaints or reviews;
    5. threaten, harass or intimidate a Vendor in connection with a dispute;
    6. misuse or disclose a Vendor's confidential or proprietary information; or
    7. use the Platform to facilitate an unlawful transaction.

Customer Site and Equipment Obligations

  1. Where a Customer requests a site inspection, installation, repair, delivery, consultation or other physical Service, the Customer shall provide lawful and reasonably safe access to the relevant premises.
  2. The Customer shall disclose material site conditions reasonably known to the Customer which may affect the safety or performance of the Service.
  3. A Customer renting equipment shall:
    1. use the equipment only for the agreed purpose;
    2. ensure that any required operator possesses the appropriate competence, licence or certification;
    3. not alter, dismantle, sublease, transfer or otherwise dispose of the equipment without the Vendor's consent;
    4. take reasonable care of the equipment;
    5. promptly report loss, damage or malfunction; and
    6. return the equipment in the agreed condition, subject to reasonable wear and tear.
  4. Nothing in this clause transfers responsibility to the Customer for defects or conditions that were the Vendor's responsibility to disclose or rectify.

Warranties and Representations

  1. Vendor Representations and Warranties

    Each Vendor represents and warrants that:

    1. it has the legal right and authority to sell, rent, supply or provide the relevant Product, equipment or Service;
    2. all information contained in its listings is true, accurate and not misleading;
    3. Products supplied or delivered shall correspond materially with their descriptions and specifications;
    4. Products and equipment shall be reasonably fit for the purpose for which they are ordinarily supplied, subject to any lawful and clearly disclosed limitations;
    5. used, second-hand or reconditioned Products are clearly identified as such;
    6. Services shall be performed with reasonable care, skill and diligence and in accordance with applicable professional standards;
    7. it shall comply with all applicable laws, regulations, licences, permits and professional requirements; and
    8. it shall honour all express warranties, guarantees, representations and conditions made by it to a Customer.
  2. Customer Representations and Warranties

    Each Customer represents and warrants that:

    1. information supplied in connection with an order or Service request is accurate;
    2. they have the authority to enter into the relevant transaction;
    3. they will pay sums properly due to the Vendor;
    4. they will comply with applicable laws and safety requirements; and
    5. the they will not knowingly misuse Products, equipment, Services or information obtained through the Platform.
  3. Mandatory Consumer Rights
    1. Nothing in these Terms shall exclude, restrict or waive any right, remedy, warranty, condition or protection that cannot lawfully be excluded under Nigerian law.
    2. In particular, Vendors shall comply with applicable consumer protection requirements concerning fair dealing, disclosure, quality, safety, misleading representations, returns and other mandatory consumer rights.

Professional and Construction Services

  1. Vendors providing architectural, engineering, surveying, quantity surveying, legal, technical or other regulated professional Services shall comply with all applicable professional laws, regulations, licences and ethical requirements.
  2. Where a Service requires professional registration or certification, the Vendor shall possess and maintain the applicable qualification or authorisation.
  3. Bettabuilder is not itself the architect, engineer, artisan, contractor, consultant or other professional engaged through the Platform.
  4. Unless expressly stated otherwise, professional advice provided through the Platform is provided by the relevant Vendor and not by Bettabuilder.

Prices, Negotiation and Orders

  1. Vendors are responsible for setting and maintaining the accuracy of their prices.
  2. The Platform may enable Customers and Vendors to negotiate prices. A negotiated price becomes binding between the relevant parties when expressly accepted by both parties through the Platform or otherwise confirmed in writing.
  3. Unless otherwise stated, a listed price should clearly indicate whether delivery charges, installation, taxes, rental charges, professional fees or other additional costs are included.
  4. Bettabuilder may remove or require correction of pricing that is manifestly erroneous, deceptive or otherwise unlawful.
  5. An order, booking or service request is an agreement between the relevant Customer and Vendor once accepted by the Vendor. Bettabuilder is not a party to that underlying sale, rental or service contract unless expressly stated otherwise.

Payment and Transactions

  1. At the current MVP stage, Bettabuilder does not operate an integrated payment gateway or escrow service.
  2. Payments are currently made directly between Customers and Vendors in accordance with arrangements agreed between them.
  3. Customers are responsible for verifying payment instructions and recipient details before making payment.
  4. Vendors are responsible for providing accurate payment information.
  5. A User shall not knowingly provide false payment information, falsely represent that payment has been made or engage in fraudulent payment activity.
  6. Bettabuilder shall not be responsible for payments made to an incorrect account, fraudulent payment instructions supplied by a User or Vendor, or transactions conducted outside any payment facility expressly provided by Bettabuilder.
  7. Bettabuilder may subsequently introduce payment processing, transaction commissions or escrow services. Such services shall be subject to additional terms notified to Users.

Delivery, Inspection and Performance

  1. Vendors are responsible for fulfilling accepted orders and performing accepted Services within the agreed timeframe.
  2. Vendors shall promptly notify Customers of any material delays, shortages, substitutions or changes.
  3. Customers shall inspect Products, equipment or completed Services within a reasonable time after delivery or performance and promptly notify the Vendor of any apparent defect, shortage or non-conformity.
  4. A Customer's failure to immediately identify a defect shall not, by itself, extinguish any statutory right relating to latent defects or other rights that cannot lawfully be excluded.
  5. Where a Vendor fails to perform an accepted obligation, the Customer shall be entitled to the remedies available under applicable law and any additional remedy expressly offered by the Vendor.

Cancellation, Returns and Refunds

Vendors shall clearly communicate applicable cancellation, return, and refund conditions before a Customer commits to a transaction. Such conditions shall be reasonable, comply with applicable Nigerian consumer protection law, and ensure that any refund is issued in accordance with our payment refund policy.

Intellectual Property

  1. All intellectual property rights in the Platform, including its software, design, interface, branding, trademarks, logos, databases, text and proprietary materials, belong to Bettabuilder. Nothing in these Terms transfers ownership of Bettabuilder's intellectual property to any User.
  2. A Vendor may only retain ownership of Content that it lawfully owns and uploads to the Platform. By uploading Content, a Vendor grants Bettabuilder a non-exclusive, royalty-free, worldwide licence to host, reproduce, display, adapt, format and use that Content solely as reasonably necessary to operate, promote and improve the Platform and provide the Services.
  3. Every Vendor represents and warrants that it owns, controls or has obtained all necessary rights, licences, permissions and consents to upload, publish, reproduce and use every photograph, image, video, logo, product description, trademark, design, document and other Content submitted to the Platform. A Vendor shall not upload a photograph of a Product, manufacturer's image, catalogue image, architectural image, logo, professional photograph or other material unless the Vendor has the legal right to use it for the relevant purpose.
  4. The Vendor shall be solely responsible for any claim, loss, liability, damage, cost or expense arising from or relating to any infringement, alleged infringement or unauthorised use of a third party's intellectual property rights resulting from Content uploaded by that Vendor, including photographs or images of Products.
  5. Where a third party alleges infringement arising from Vendor Content, Bettabuilder may remove or disable the relevant Content, suspend the listing or Account and take any other reasonably necessary action to protect the Platform and affected parties.
  6. Bettabuilder does not assume responsibility for verifying that Vendor Content does not infringe third-party rights.

Reviews, Ratings and User Content

  1. Users may submit genuine reviews, ratings and feedback based on their actual experience. Reviews must be honest, fair and based on genuine transactions or interactions. Users shall not post defamatory, fraudulent, abusive, discriminatory, threatening or misleading content. Bettabuilder may remove Content that violates these Terms or applicable law.
  2. By submitting reviews or other Content, you grant Bettabuilder a non-exclusive, royalty-free licence to use, reproduce and display such Content for legitimate Platform and promotional purposes.

Communications and Messaging

  1. The Platform may provide messaging and communication tools to facilitate interactions between Customers and Vendors.
  2. Users shall not use the messaging function for harassment, fraud, unsolicited advertising, threats, abuse, unlawful solicitation or other prohibited conduct.
  3. Communications through the Platform may be retained and reviewed where reasonably necessary for customer support, security, compliance, investigation or dispute resolution, subject to Bettabuilder's Privacy Policy and applicable law.

Prohibited Products and Activities

Users shall not use the Platform to:

  1. sell or promote illegal, counterfeit, stolen or prohibited Products;
  2. make fraudulent, deceptive or materially misleading representations;
  3. infringe intellectual property, privacy, confidentiality or other third-party rights;
  4. manipulate prices, reviews, ratings or Platform activity;
  5. engage in money laundering, fraud or other financial crime;
  6. distribute malware or interfere with Platform security;
  7. collect or misuse another User's personal data;
  8. circumvent Platform security or verification procedures;
  9. impersonate another person or business;
  10. use another person's Account without authorisation;
  11. upload Content that is unlawful, defamatory, obscene, threatening or discriminatory;
  12. use the Platform for any purpose prohibited by Nigerian law; or
  13. otherwise engage in conduct that may expose Bettabuilder, its Users or Vendors to legal or regulatory liability.

Consumer Protection and Fair Dealing

  1. Vendors shall comply with all applicable Nigerian consumer protection laws and shall deal with Customers honestly, fairly and transparently.
  2. Vendors shall not engage in misleading advertising, unfair commercial practices, false representations or concealment of material information.
  3. Material information concerning Products and Services, including price, condition, quality, restrictions and applicable charges, shall be disclosed clearly.
  4. Nothing in these Terms is intended to exclude or diminish rights or remedies available to consumers under the Federal Competition and Consumer Protection Act 2018 or other applicable Nigerian law.
  5. Where a mandatory statutory protection applies, that protection shall prevail over any inconsistent contractual term.

Privacy and Data Protection

  1. Bettabuilder processes personal data in accordance with its Privacy Policy and the Nigeria Data Protection Act 2023.
  2. Users shall only collect, use, disclose or retain personal data obtained through the Platform for lawful and authorised purposes.
  3. A User shall not sell, disclose, misuse or exploit another User's personal data obtained through the Platform.
  4. Users must comply with applicable data protection obligations when processing personal data independently of Bettabuilder.

Disputes Between Users and Vendors

  1. Bettabuilder is not a party to transactions between Customers and Vendors unless expressly stated otherwise. Customers and Vendors are primarily responsible for resolving disputes arising from their transactions.
  2. Bettabuilder may, at its discretion, assist with communication, review Platform records or facilitate an informal resolution where appropriate.
  3. Nothing in this clause prevents a User from pursuing any legal or statutory remedy available under Nigerian law.

Suspension and Termination

  1. Bettabuilder may suspend, restrict or terminate an Account where a User breaches these Terms, provides false or misleading information, engages in fraud or unlawful conduct, infringes third-party rights, repeatedly receives substantiated complaints, poses a material risk to other Users or the Platform or engages in conduct that may expose Bettabuilder to legal, regulatory or reputational harm.
  2. Where reasonably practicable, Bettabuilder may provide notice of suspension or termination. However, immediate action may be taken where necessary to prevent fraud, unlawful activity, security risks or continuing harm.
  3. Termination does not affect rights or obligations accrued before termination.

Disclaimers

  1. Bettabuilder provides a marketplace and does not ordinarily manufacture, own, sell, rent or personally provide the Products, equipment or Services listed by Vendors.
  2. Vendor verification does not constitute an endorsement, certification or guarantee of a Vendor's competence, solvency, reliability or performance.
  3. Bettabuilder does not guarantee the availability, quality, suitability, safety, legality or performance of any Product, equipment or Service listed by a Vendor, except to the extent expressly undertaken by Bettabuilder.
  4. Users are responsible for conducting appropriate due diligence before entering into a transaction, particularly in relation to high-value construction materials, equipment rentals and professional services.
  5. The Platform may occasionally be unavailable due to maintenance, technical problems, upgrades, security incidents or circumstances beyond Bettabuilder's reasonable control.

Limitation of Liability

  1. To the maximum extent permitted by Nigerian law, Bettabuilder shall not be liable for indirect, incidental, special or consequential loss arising from a Vendor's Product, equipment or Service; Vendor's acts, omissions, representations or warranties; transactions or payments conducted directly between Users; inaccurate or misleading Vendor Content; unauthorised conduct of Users; or events outside Bettabuilder's reasonable control.
  2. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited under Nigerian law, including liability arising from fraud, wilful misconduct or any mandatory statutory obligation.

Indemnity

  1. To the extent permitted by law, each User agrees to indemnify and hold harmless Bettabuilder, its directors, officers, employees and agents from claims, losses, liabilities, damages, costs and reasonable legal expenses arising from the User's breach of these Terms; unlawful conduct; infringement of third-party rights; Content uploaded by the User; Products, equipment or Services supplied by a Vendor; or the User's violation of applicable law.
  2. A Vendor's indemnity expressly includes claims arising from infringement of copyright, trademarks, designs, patents, trade names or other intellectual property rights relating to Content uploaded by the Vendor.
  3. A Customer's indemnity shall include claims arising from unlawful or unauthorised Content, specifications, documents, photographs, drawings or other materials supplied by the Customer.

Force Majeure

Bettabuilder shall not be liable for failure or delay in performing its obligations where such failure or delay results from circumstances beyond its reasonable control, including natural disasters, fire, epidemic, governmental action, civil unrest, industrial action, telecommunications failure, power failure, cyberattack, infrastructure failure or other events constituting force majeure.

Changes to These Terms

Bettabuilder may amend these Terms from time to time to reflect changes in the Platform, applicable law, business model or services. Material changes may be communicated through the Platform, email or another appropriate channel where reasonably practicable.

Nevertheless, continued use of the Platform after the effective date of amended Terms constitutes acceptance of the revised Terms.

Severability

If any provision of these Terms is determined by a competent court or authority to be invalid, unlawful or unenforceable, that provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

No Waiver

Failure by Bettabuilder to enforce any provision of these Terms shall not constitute a waiver of its right to subsequently enforce that provision or any other provision.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. Subject to any mandatory dispute-resolution or jurisdictional requirements applicable by law, the courts of competent jurisdiction in Nigeria shall have jurisdiction over disputes arising from or relating to these Terms or the use of the Platform.

Entire Agreement

These Terms, together with the Privacy Policy and any additional terms expressly incorporated into the Platform, constitute the entire agreement between Bettabuilder and the User concerning the use of the Platform and supersede prior representations or understandings relating to the same subject matter.

Contact

For questions, complaints, notices or other enquiries concerning these Terms, please contact:

BETTABUILDER Marketplace Ltd.

Address
5 Mulberry Crescent, Behind Coscharis Motors, Awoyaya, Lagos, Nigeria
Email
hello@bettabuilder.ng

By registering for or using the Bettabuilder Platform, you acknowledge that you have read, understood and agreed to these Terms of Use.