Last updated: Oct 19th, 2023
Welcome to the Buddy Nephew Limited, a.k.a Nephew (“The Company”) Terms of use (the “Terms”) for our product Guarantur which is available at https://guarantur.com (“the apps''). This page represents a legal document that serves as our Terms of use and it governs the legal terms of our website, guarantur.com, sub-domains, and any company-owned associated web-based and mobile applications (collectively, "apps," "Websites," or "Webapps" ), as owned and operated by Nephew. These Terms apply to and govern your use of the Company’s website www.guarantur.com (the “site”), subdomains, mobile and web applications as a passive visitor, as well as the services that the Company provides to users who sign up with the Company as members (“Members”) - such services to be referred to herein as “Services.”
The following terminology applies to these Terms of use:
"You," "User" and "Your" refers to you, i.e. the person or organization using any of our apps;
"Organization" refers to any entity such as "Business," "School", "Landlord," "Property owner or operator," "Government or it’s agency," or any registered or unregistered body using our services;
"End user" refers individuals who use our services;
"The Company," "Ourselves," "We," "Our," "Us," "Nephew," "Buddy Nephew Limited, " and "Guarantur" refers to our Company, it’s representatives or its subsidiaries;
"Party" or "Parties" refers to the requesting organization, the person the requesting organization is requesting from, or the invited Reference or Guarantor;
"Reference(s)" refers to a person, group of persons or organization(s) who was invited, has accepted or rejected to reference another person;
"Guarantor(s)" refers to a person, group of persons or organization(s) who was invited, has accepted or rejected to be a Guarantor to another person;
"Requested person or organization" refers to a person or organization that an organization is requesting either Reference or Guarantor from;
"Invited person or organization" refers to a person or organization that a Requested person or organization has invited to be their Reference or Guarantor.
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
For the purpose of these Terms of use, the term "Content" means an individual intellectual work and includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, replies, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Services. The term "Member Content" refers to all Contents that are posted or otherwise provided or transferred to the Services by a registered user (“Members”) (including, without limitation, by you); and Content also includes, without limitation, all member contents. The words “you” and “your” shall refer to any visitor to the site, as well as any Member, as defined above.
Your use of the app or the services signifies your agreement to be bound by these Terms of use. If you do not agree to be bound by these Terms of use, you may not access or otherwise use the site or receive the Services.
The Company’s current privacy policy which addresses The Company’s use and release of information collected from your use of the site and receipt of the Services is available at https://guarantur.com/privacy.html
Buddy Nephew Limited - Nephew - is the parent company, and Guarantur is a product of Nephew. Both Nephew and Guarantur are hereby referred to as ‘We’ ‘Us’. Guarantur is an automated reference and guarantor request & verification service.
To use this site, you affirm that you are 14 years of age and over, or possess legal parental or guardian consent, as the Service is not intended for children under 14. If you are less than 14 years of age, kindly discontinue from using this site.
The Company grants you a non-exclusive, non-transferable, limited right to access, use and display the apps and the materials thereon for your personal use only, provided that you comply fully with these Terms of use. You shall not interfere or attempt to interfere with the operation of the apps in any way through any means or device including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or the means expressly prohibited by any provision of these Terms of use. You will not license, sell, lease, rent, host, assign, outsource, transmit, distribute, disclose, commercially exploit our service or make the platform available to any third party. You will not decrypt, modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of our app. You shall not tamper with our Copyrights, Logo, trademarks. Any unauthorized use of the Company services or websites will immediately terminate any license, agreement, partnership entered with us. Except as expressly provided herein or otherwise allowed by the Company, you may not use the site or the Services for any commercial purpose.
We have 3 pricing tiers:
General pricing: This is the general pricing that applies to all businesses in a particular country. Each country we operate in has its respective pricing per request made. If your business is currently on the General pricing, you will be charged at the current general pricing.
Custom pricing: Custom pricing is a unique pricing applied to businesses on a case by case basis. There are both temporary and permanent custom pricing. A temporary custom pricing will expire after the agreed period of time. Upon expiration, the pricing automatically reverts to the General pricing. A permanent custom pricing on the other hand will not expire, except when the business requests for it to expire.
Promo pricing: Promo pricing happens when a business redeems a promo code. It is temporary and time-based and would terminate upon the expiration of the validity period.
Of the three Pricing tiers, Promo pricing takes precedence, followed by Custom pricing and then General pricing is the default pricing. This means that if a Business is on General pricing or Custom pricing, upon redeeming a Promo code, the Promo pricing would take effect. At expiration of the Promo pricing, the pricing reverts back to Custom pricing (if the Custom pricing duration is still valid), or back to the General pricing if there is no running Custom pricing. For a Business that is on a temporary Custom pricing tier, upon expiration, the pricing reverts back to General pricing automatically.
We provide our services free for End users but at a cost to Organizations. At the point of making a request, we will debit your wallet to the tune of the current price of the Pricing tier that your Organization is on per request made. The debited amount is then temporarily moved into your Escrow account. From the Escrow account, for every request that has been accepted, we then bill your Business. This means that you are not billed for making requests, but for every request accepted.
Funds are refunded from your Escrow to your Wallet if the window period or duration defined for receiving back a Reference or Guarantor acceptance within a Group of your Business has expired. You will not be charged if no request was accepted.
You agree that all funds added to your Business wallet are to be used for paying for References and Guarantors received. For now, there is no way to withdraw funds out of your Wallet. As such, only Top up your wallet with funds you wish to use to pay for References and Guarantors that you receive. Once you fund your wallet, you agree that you wish to use the fund for request purposes and understand that there is no way to withdraw out of your wallet.
As a business, you can find current pricing for your Business by doing the following:
1. Log into your account;
2. Click on Settings;
3. Click on Accounts;
4. Select the Business account you want to view Pricing for;
5. Scroll down the page and go to the section titled Currency. Your current pricing is there.
Pricing may change from time to time. You will be notified of pricing changes when they happen. The new pricing becomes effective upon the date stipulated in the announcement. Your Business will be charged on the updated pricing once it takes effect.
To allow users to fund their wallet, we partnered with Paystack as a Third party payment processor. As a provider, Paystack’s Terms of service and Privacy policies (https://paystack.com/terms) apply to all users who fund their wallet on our app, including their service fees, and your use of your debit/credit cards on their platform. When you are on Paystack, you are bound by Paystack’s Terms and Privacy policy which determines your rights and liabilities, and your security. Paystack debits your bank account to the tune of your preferred amount and credits our account. We will then credit your Guarantur wallet with the same amount you topped up less the fee charged by Paystack. At the point when you enter the amount you wish to top your wallet with, we will show you how much service fee Paystack will charge you for that amount.
We partner with Dojah.io to identify End Users who sign up to use our services. During your onboarding as an End User, we will require you to provide a copy of your government-issued photo ID, such as driver's license, NIN card, International passport, or other valid means of identification to us and we verify them, together with your Photograph submitted to us, against government database using the Dojah service. When you click to verify your Identity on Dojah, you are bound by Dojah’s Terms of Service which are available on (https://dojah.io/terms-of-service). Because verification is a key feature of our service, when you accept to be a Reference or Guarantor to someone, or an organization requests you to provide a Reference or Guarantor, we may decide (at our own discretion) to share your ID card and your photograph which you submitted to us with the requesting organization without any further permission from you. You understand that when we share your means of ID and photograph with these Organizations, we are no longer in control of how these Organizations would use your data. Hence, you are bound by the Privacy policy of these Organizations.
In a bid to ensure that every user who stands as a Guarantor for anybody or organization is a legit and verified user, we verify the residential address of all End Users during account creation stage. We will verify addresses either manually or by using Third party providers. When done manually, you are required to submit a proof of residence document, and our internal verification team will attempt to verify your Identity. In the event that a document you submit does not meet our required standards, they will be rejected and you will be notified through email to resubmit another. In the event that we adopt a Third Party service to verify addresses, you will be bound by the Terms and Conditions of the Third Party provider immediately they become our Partner.
As an Organization setting up a Business account, we require you to provide documents such as a copy of Corporate Affairs Commission certificate, business logo, proof of business address, and other general information for your business. We also require you to submit details of a Director or key owner of the Organization such as Address, Proof of Address, and Government ID. Our internal verification team manually and thoroughly verifies the authenticity of each document and data submitted. In the event that we adopt a Third Party service to verify these documents you submitted, you will become bound by the Terms and Conditions of the Third Party provider immediately they become our Partner. All new Business accounts will be manually approved by our team before they can become fully operational. We reserve the right to disapprove any account if any document doesn’t meet our requirement standards, or the input submitted does not match the document submitted. We reserve the right to disapprove an account even if we initially approved it if any information submitted is later discovered to be false or inaccurate.
Only authorized personnel of an Organization are permitted to create an account for that Organization. By creating an account for an Organization, you agree and confirm that you are an authorized personnel. Any falsification, misrepresentation or impersonation is a breach of these Terms and will warrant immediate account termination.
As a Business, you agree that, upon receiving personal information of any user, including but not limited to a Reference or Guarantor through our platform, you will adopt every reasonable means to protect and use the information under acceptable practices under local and international laws regarding data protection. We totally frown at the sale of personal information of any user or any improper use of them. You also agree to be bound by our privacy policy regarding use data protection.
In the event our service is listed at an incorrect price or with incorrect information due to typographical error, we shall have the right to refuse or cancel any request placed for the service listed at the incorrect price. We shall have the right to refuse or cancel any such request whether or not the request has been accepted and your Escrow has been charged. If your Escrow has been charged for the purchase of paying for a request but we erroneously charged you below your current pricing rate due to technical errors, bugs, human error or whatsoever reason, we shall, at any time we decide, effect another charge on your Escrow or Wallet to balance up for the request.
Any feedback, comment, idea, bug report, feature recommendation, improvement (collectively ‘Suggestions’ or ‘Feedbacks’) provided by you or your representatives to us with respect to our service shall remain the sole and exclusive property of us, and we are not under any legal obligation to compensate, reward or pay for them immediately or in the future. You agree that all information you share with us are not confidential, non-proprietary and don’t affect the intellectual property of another person or organization.
We reserve the right to modify, add more features, change business offering and model (including our pricing model) completely, suspend, or discontinue, in parts or in whole - temporarily or permanently the service - any feature, any partnership, any integration, with or without notice or liabilities to you.
You acknowledge that parts or our entire service might stop working due to service outage or any reason uncontrollable. In such an instance, you absolve us of any loss or damage irrespective of the duration of the outage.
We reserve the right to stop providing the service or any features within the service to users at our sole discretion, without prior notice to you. Likewise, you have the right to stop using the service at any time without informing us. We may choose, at our own discretion, to discontinue our partnership with any Third Party service provider.
In the event where we notice suspicious activities or for breaking any of our policies, we reserve the right to Disable and lock your account temporarily. You will receive an email when this happens. To unlock your account, kindly contact account@guarantur.com to request access to your account.
If you suspect unauthorized access to your account, kindly contact account@guarantur.com for immediate actions. In the event that we suspect unauthorized access to an account, we reserve the right to deactivate login access for that account. You will receive an email when this happens. To get access into your account, kindly contact account@guarantur.com to request access to your account.
We reserve the right to ultimately terminate an account if any section of these Terms is violated. When an account is terminated, it is final and can’t be undone. If we terminate your account for any reason, we will notify you. If you have funds in your wallet when your account is terminated, you can request for withdrawals by sending an email to support@guarantur.com. It may take between 7 working days to six months before the withdrawal process is completed.
We employ the use of cookies. Cookies are small amounts of data generated by a website and saved by your web browser. It is used to identify your browser, provide analytics, remember information about you such as your language preference or login information. By accessing our apps, you agreed to use cookies in agreement with the Guarantur's Privacy Policy. Some of our affiliate/advertising partners may also use cookies.
Unless otherwise stated, Nephew and/or its licensors own the intellectual property rights for all material on Guarantur. All intellectual property rights are reserved. You may access this from Guarantur for your own personal use subject to restrictions set in these Terms of use.
You must not:
1. Republish material from Guarantur
2. Sell, rent or sub-license material from Guarantur
3. Reproduce, duplicate or copy material from Guarantur
4. Redistribute content from Guarantur
By visiting our site or downloading our app, registering an account, and using our service, you hereby consent to our Terms of Service and Privacy policy.
We may from time to time provide enhancements or improvements to the features/functionality of our service, which may include patches, bug fixes, updates, upgrades, and other modifications. Updates may modify or delete certain features and/or functionalities of the service. You agree that we have no obligation to provide any updates, or continue to provide or enable any particular features and/or functionalities of the service to you. You further agree that all updates will be deemed to constitute an integral part of the service, and subject to the Terms and conditions of the agreement.
We may display, include or make available Third Party content, including data, information, applications and other services or provide links or access to Third Party websites or services. You acknowledge and agree that we shall not be responsible for any Third Party services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. We do not assume and shall not have any liability or responsibility to you or any other person or entity for any Third Party services. Third Party services are provided solely as a convenience to you and you voluntarily use them at your own risk and subject to the Terms of service of such Third Party. We strongly advise you to review the Terms and Conditions and Privacy policies of any Third Party sites or services.
This agreement shall remain in effect until terminated by us or by you. We may decide, at our own discretion, to terminate this Terms at any time and for any or no reason, suspend or terminate this agreement with or without prior notice. This agreement will terminate immediately without prior notice from us in the event that you fail to comply with any provision of this agreement. You may also terminate this agreement by deleting the service and all copies thereof from your device. Upon termination of this agreement, you shall cease all use of our service and delete all copies of the service from your device. Termination of this agreement will not limit any of our rights or remedies at law or in equity in case of breach by you (during the term of this agreement) of any of your obligations under the present agreement.
All properties of the company such as codebase, logo, designs, layouts, copies, and other materials contained within the App remain the sole property of the company subject to local and international trademark and copyright laws. Trademarks and copyrights of Third Party providers are the sole properties of the individual Third Party.
You agree to indemnify, defend, release, and hold harmless the company, its partners, licensors, affiliates, contractors, officers, directors, employees and agents (collectively, the “Company Parties”) from all damages, losses and expenses arising directly or indirectly from (a) any negligent acts, omissions or willful misconduct by you, (b) your use of the Company Properties, (c) any breach of these Terms by you, and/or (d) your violation of any law or of any rights of any third party.The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to the Company Properties.
WE TRY TO KEEP GUARANTUR AVAILABLE AT ALL TIMES, BUG-FREE AND SAFE, HOWEVER, YOU USE IT AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED “AS IS” and “AS AVAILABLE” WITHOUT ANY EXPRESS, IMPLIED AND/OR STATUTORY WARRANTIES (INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS). WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, GUARANTUR MAKES NO WARRANTY THAT OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH OUR APPS, ITS PARENT, SUBSIDIARIES, OR OTHER AFFILIATED COMPANIES, OR ITS SUPPLIERS, OR THE RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF ANY SUCH ENTITIES (COLLECTIVELY, "GUARANTUR PARTIES") SHALL CREATE ANY WARRANTY.
IN NO EVENT WILL NEPHEW, GUARANTUR, OR ANY OF OUR PARTNERS, STAFF, DIRECTORS, EMPLOYEES, SUBSIDIARIES, PARENT BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OR (B) ANY DAMAGES WHATSOEVER IN EXCESS OF THE AMOUNT PAID FOR USE OF OUR SERVICE (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF REVENUES, LOST PROFITS, LOSS OF GOODWILL, LOSS OF USE, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES), ARISING OUT OF OR IN CONNECTION WITH OUR WEBSITES OR SERVICES (INCLUDING, WITHOUT LIMITATION, USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR WEBSITE OR SERVICES), WHETHER SUCH DAMAGES ARE BASED ON WARRANTY, CONTRACT, TORT, STATUTE, OR ANY OTHER LEGAL THEORY.
If any provision of this agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. This agreement, together with the Privacy Policy and any other legal notices published by us on the services, shall constitute the entire agreement between you and us concerning the services. If any provision of this agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this agreement, which shall remain in full force and effect. No waiver of any term of this agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this agreement shall not constitute a waiver of such right or provision. YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this agreement shall not affect our ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise only right or power under this agreement preclude further exercise of that or any other right granted herein. In the event of a conflict between this agreement and any applicable purchase or other terms, the terms of this agreement shall govern.
We may change our service and policies, and we may need to make changes to these Terms so that they accurately reflect our service and policies. At our discretion, we reserve the right to modify, add or remove any portion of these Terms of use, in whole or in part, or to update the service fees for Members, at any time. Once a revision is made and published here, it becomes effective immediately. What constitutes a material change will be determined solely by us. You agree to review these Terms of use periodically to be aware of any changes. If we decide to change our Terms of use, we will post those on our site. You can determine when these Terms were last revised by referring to the “LAST UPDATED” line at the bottom of these Terms. By continuing to access or use our service after any revision becomes effective, you agree to be bound by the revised terms. If you do not agree to the revised Terms, kindly do not use the service.
These Terms constitute the entire agreement between you and us regarding your use of the service and supersedes all prior and contemporaneous written or oral agreements between you and us. You may be subject to additional terms and conditions that apply when you use or purchase other services from us, which we will provide to you at the time of such use of purchase.
Our platform and its entire contents, features and functionality, including but not limited to all information, software, texts, displays, images, videos and audios, and the design, selection and arrangements thereof, are owned by us, our licensors or other providers of such material and are protected by local and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The material may not be copied, modified, reproduced, downloaded or distributed in any way, in whole or in part, without the express prior written permission of us, unless and except as is expressly provided in these Terms of service. Any unauthorized use of the material is prohibited.
You agree that we shall endeavour to settle all disputes amicably. Any dispute arising out of this Terms of Use, which cannot be settled by mutual agreement within 30 days shall be referred to arbitration by a single Arbitrator at the Lagos Multi-Door Courthouse, LMDC and governed by the Arbitration and Conciliation Act, Cap A10, Laws of the Federal Republic of Nigeria. In the event of a dispute, you or us must give the other a Notice of Dispute, which is a written statement that sets forth the name, address, and contact information of the party requested. You must send any Notice of Dispute to legal@guarantur.com . We will send any Notice of Dispute via mail to your address, if we have it, or otherwise to your email address. The Arbitrator shall be appointed by us and you. Where both of us are unable to agree on the choice of an Arbitrator, the LMDC shall assign us an independent Arbitrator of their own choice. The findings of the Arbitrator and subsequent award shall be binding on both of us. Each of us shall bear our respective costs and fees in connection with the arbitration. Venue for the arbitration shall be Lagos, Nigeria.
We may, from time to time, include contests, promotion, sweepstakes, or other activities that require you to submit material or information concerning yourself. Please note that all Promotions may be governed by separate rules that may contain certain eligibility requirements, such as restrictions as to age and geographic location. You are responsible to read all Promotions rules to determine whether or not you are eligible to participate. If you enter any Promotion, you agree to abide by and to comply with all Promotions rules.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision of these Terms and conditions will be effective only if in writing and signed by an authorized representative of us. We will be entitled to injunctive or other equitable relief, without the obligations of posting any bond or surety, in the event of any breach or anticipatory breach by you. We operate and control our Service from our office in Lagos, Nigeria. The service is not intended for distribution to be used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation. Accordingly, those persons who choose to access our service from other locations do so on their own initiative and are solely responsible for compliance with local laws, and to the extent local laws are applicable. These Terms of Use, which include and incorporate our Privacy Policy, contain the entire understanding, and supersedes all prior understanding, between you and us concerning its subject matter, and cannot be changed or modified by you. The section headings used in this agreement are for convenience only and will not be given any legal import.
We are not responsible for any content, code or any other imprecision. We do not provide warranties or guarantees. In no event shall we be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the service or contents of the service. We reserve the right to make additions, deletions, or modifications to the contents on the service at any time without prior notice. Our service and its contents are provided ‘as is’ and ‘as available’ without any warranty or representations of any kind, whether express or implied. We are a distributor and not a publisher of the content supplied by Third Parties; as such, we exercise no editorial control over such content and make no warranty or representation as to the accuracy or reliability of any information, content, service or merchandise provided through or accessible through our service. Without limiting the foregoing, we specifically disclaim all warranties and representations in any content transmitted on or in connection with our service or on sites or services that may be linked to our service, or in the services provided as a part of, or otherwise in connection with our service, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of Third Party rights. No oral advice or written information given by us or our affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice. Without limiting the foregoing, we do not warrant that our service will be uninterrupted, uncorrupted, timely, or error-free.