Terms of Use

Effective April, 2026

Nursery is an intermediary platform owned and managed by NurseryCo R&P Limited (NurseryCorp.), that connects equipment borrowers (“Lessees”) with independent equipment lenders (“Lessors”).

These Terms of Use set out the terms and conditions that govern the usage of the Nursery Platform (the “Nursery”/the “Platform”). By using the Platform, you acknowledge these terms of use and agree to be bound by them.

Nursery reserves the right to modify, or otherwise update these terms of use at any time and you agree to be bound by such modifications or updates. It is your responsibility to review the terms and conditions at the time of usage.

User Eligibility

By signing up on Nursery, you undertake that:

That you are not less than 18 years old, and that you are legally capable of entering into binding contracts in the course of using the Platform;
All information you provide while signing up is accurate, complete and up to date;
You will promptly notify the Company of any changes to such information;
If you register yourself as a representative of a legal entity, you are authorized by the entity to enter into an agreement with us, and with users of the Platform; and
You will not provide any false or misleading information while using the Platform.

You also acknowledge that the Company reserves the right to accept or reject any account opening application without providing any reason.

Signing Up

You will be required to sign up on Nursery by creating an account using a unique user ID and a secure password. You agree that:

You are responsible for maintaining the confidentiality of your account credentials;
You are responsible for ensuring that your devices and networks used to access the Platform are free from malware, viruses or other security threats that could compromise the security of the Platform;
You are responsible for all activities conducted through your account unless proper notification of compromise is received and acknowledged by Nursery;
In the course of using the Platform, you will not engage in illegal or unauthorized activities, or in a manner inconsistent with these Terms of Use, including but not limited to impersonating others, transmitting unauthorized or harmful software or violating any applicable laws or regulations;
You are responsible for your safety when you use equipment or facilities booked through Nursery. You must implement the right safety measures when using the equipment or facility, and must follow all safety instructions expected of a user competent enough to use such equipment or facility, or as communicated by the equipment or facility owner/operator;
Where you are the lessee, you must present a valid form of government-issued identification card/document (ID) to the lessor before the use of the equipment and/or facility is permitted.

Listings

You acknowledge that:

Nursery acts solely as a facilitator between the equipment/facility lessors and does not own, control or manage any equipment listed by third-party owners on the Platform;
All leasing agreements are made directly between the Lessor and Lessee. Nursery is not responsible for the fulfilment of the lease Agreements made between Users, and does not guarantee the enforcement of such agreements;
Users are responsible for agreeing on rental duration, fees, deposits, delivery, and return conditions;
The Lessors shall at all times remain exclusively liable for the facilities/equipment they list on the Platform, and shall ensure that all listings are accurate and not misleading. Nursery is not liable for damage, loss or disputes arising from leases;
Users are responsible for evaluating the relevance, accuracy and timeliness of any listings, or information;
Where a Lessee has a complaint as to the accuracy of listing received from a Lessor, the Lessee shall make a report to Nursery via support@nursery.ng, for Nursery to investigate;
Any user who fails to operate in good faith may have its account terminated;
Nursery will ensure a seamless and user-friendly experience on the Platform. However, in the event that there is a dispute between the Lessee and the Lessor, Users agree to resolve disputes directly, although Nursery may assist at its discretion; and
The Platform reserves the right to remove or modify listings that violate these Terms.

Intellectual Property

All trademarks, logos, and content displayed on the Platform are the exclusive property of their respective owners and are protected under applicable intellectual property laws. Unless otherwise specified, you must not reproduce, distribute, modify, or display any content from the Platform without permission.

You agree not to use, or attempt to use, any automated tools or methods—including but not limited to data scrapers, bots, crawlers, or similar technologies—to access, extract, monitor, or interact with the Company's platform, systems, or data without the Company's prior written authorization.

Your use of the Platform shall not include any attempt to reverse-engineer, decompile, disassemble, modify, reproduce, redistribute, imitate, or otherwise exploit any aspect of the platform. This includes, but is not limited to, its source code, user interface and user experience design, visual elements (including icons), written content, and underlying algorithms.

Any unauthorized use as described above is strictly prohibited and may result in the immediate suspension or permanent termination of access to the Company's services, without notice. The Company reserves the right to pursue all available remedies under applicable law, including but not limited to civil claims, injunctive relief, and, where applicable, criminal prosecution.

Limitation of Liability

You accept that:

Nursery makes no warranties or guarantees regarding the performance, availability, or uninterrupted operation of the Platform;
Nursery will not be liable for any loss or damage you may incur as a result of using the Platform, relying on a representation by a User or due to the actions and inactions of a User;
Nursery does not warrant the accuracy, completeness or timeliness of any information presented on the Platform; and
To the maximum extent permitted by law, Nursery will not be liable for any indirect, incidental or consequential damages arising from your use of the Platform.

Cookies and Data Collection

The Platform utilizes cookies to improve user experience and optimize performance. These cookies help collect technical information such as device type, browser settings, and usage patterns. Users may choose to disable cookies through their browser settings; however, doing so may limit certain functionalities of the Platform.

Data Usage

Information we collect from the use of the Platform are utilized in accordance with applicable laws, including the Nigeria Data Protection Act. Please review our Privacy Policy for detailed information on how we use and protect your information.

Governing Law

These Terms of Use shall be governed and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to any conflict of law principles of the jurisdiction from which the Platform is accessed.

Where possible, you consent to the personal and exclusive jurisdiction of the courts located within Nigeria, provided that where the Company is the defendant, such dispute shall be subject to the exclusive jurisdiction of the courts of Kogi State, Nigeria.

Severability Clause

Where any provision of these Terms of Use, or any part thereof, is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be deemed severed from these Terms and shall not affect the validity and enforceability of the remaining provisions.

Where applicable, any invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the original intent and economic effect of the affected provision. The remaining provisions of these Terms shall continue in full force and effect.