TALA KENYA: MOBILE USSD CODE TERMS AND CONDITIONS

INTRODUCTION

These are the Terms and Conditions that govern the subscription, access and related use of the Tala (“Tala”) Unstructured Supplementary Service Data Services (“the USSD Services”).

By subscribing to or accessing the USSD Services the User acknowledges that they have read and understood these Terms and Conditions and agree to be bound thereby.

These Terms and Conditions must be read together with the Product Terms and Conditions, which are deemed incorporated into and made a part of these Terms and Conditions.

1 DEFINITIONS

1.1 Account(s) means a User’s account maintained with Tala which is eligible for transacting via the USSD Services;

1.2 Customer Agreement means the Tala Kenya Customer Agreement available on the Tala website;

1.3 Line of Credit Agreement means the Tala Kenya Line of Credit Agreement available on the Tala website;

1.4 Mobile Device means a smart phone, tablet and/or other mobile device which uses a SIM card issued by a mobile network operator which would enable the User to use the USSD Services;

1.5 Product Terms and Conditions means the Line of Credit Agreement and Customer Agreement and any updated, amended, revised versions available on Tala’s website;

1.6 Personal Data means personal identifiable information of any natural person as prescribed in the Kenya Data Protection Act, 2019, which information includes but is not limited to name, address, phone number, identification number, location data, date of birth, gender, transaction data, an online identifier or information relating to one or more factors specific to the physical, psychological, genetic, mental, economic, cultural or social identity of such person. It also includes Sensitive Personal Data;

1.7 Privacy Policy means the Tala Privacy Policy (available within the Tala App and on the Tala website) that sets out the basis on which any Personal Data Tala collects from the User, or that the User provides to Tala, will be stored and processed by Tala and incorporates Tala’s Privacy Notice;

1.8 Privacy Notice means the Tala App Privacy Notice (available within the Tala App and on the Tala website) that sets out how Tala uses the User’s Personal Data after the User has downloaded the Tala App;

1.9 Pin means the unique mobile personal identification number that the User utilizes in accessing and conducting transactions on the Tala app;

1.10 Relevant Information means information including, but not limited to, data relating to the User’s Mobile Device (including, without limitation, the phone’s history), from any SMS sent to the User by Service Providers relating to the User’s use of the USSD Service and such other information as Tala shall require for purposes of providing the USSD Services;

1.11 Service Provider(s) includes but is not limited to mobile network operators, organizations or individuals whose services Tala uses in relation to the USSD Services in any capacity and which Tala, at its sole discretion, may determine from time to time;

1.12 Tala means Inventure Mobile Limited;

1.13 Tala USSD Code means *846# or such other code as may be provided by Tala from time to time;

1.14 Terms and Conditions means these terms and conditions forming the contract between the User and Tala in respect of the USSD Services;

1.15 User(s) means a customer of Tala registered and authorized to use the USSD Services;

1.16 User Profile refers to the profile created by the User via his/her Mobile Device during the registration process to enable him/her to use the USSD Services; and

1.17 USSD Services is a service which Tala provides to Users to allow for communication to take place with Tala for purposes of transacting on their Accounts via their Mobile Device.

2 THE USSD SERVICES 

2.1 Access to the USSD Services is available to the Users through their Mobile Devices which allows Users to communicate with Tala in order to perform certain transactions on their Account(s) and can only be utilized by persons over the age of 18.

2.2 The USSD Services are available to new Users of the Tala App, Users who have an active Account, identification number and mobile number registered with Tala, and who are also current subscribers of a mobile network operator that issues mobile numbers and SIM cards to subscribers in Kenya, subject to these Terms and Conditions.

2.3 The User agrees and undertakes to be bound by and to comply with all processes and procedures as may be prescribed by Tala in relation to the USSD Services from time to time. Tala will not be bound by or obliged to take any action on any transactions which do not properly comply with the prescribed processes and procedures and Tala reserves the right to reject such non-compliant transaction requests.

2.4 Tala reserves the right to suspend or terminate a User’s access to the USSD Services without prior notice to the User in the following events:

2.4.1 Tala notices errors, omissions or fraudulent transactions taking place in relation to the User Profile, or is ordered to do so by a court of law of competent jurisdiction; and

2.4.2 in the event the User breaches these Terms and Conditions.

3 REGISTRATION

3.1 A new User or User is required to register for the USSD Service via their Mobile Device by dialing the Tala USSD Code and providing certain personal information which Tala will verify against the details stored in its database. This information shall remain strictly confidential and be handled in accordance with our Privacy Policy.

3.2 The User will be required to input their Pin which will be verified by Tala. The Pin shall be kept confidential by the User at all times and is not to be disclosed to third parties. Upon validation of the Pin, the User will be issued with a notification indicating the User’s successful registration for the USSD Services.

4 TRANSACTION

4.1 The User is required to dial the Tala USSD Code to access the USSD Services after registration. The User shall input the Pin and shall be able to conduct transactions after verification of the Pin by Tala.

4.2 The following transactions may be conducted through the USSD Services:

4.2.1 repayment of either partial or full loans;

4.2.2 viewing of loan balance;

4.2.3 request for either full or partial loan statements;

4.2.4 request for loan limit;

4.2.5 request for a loan; and

4.2.6 accept an offer.

4.3 Any transaction which originates from the User and unless the User notifies Tala otherwise prior to the transaction being actioned by Tala, shall be deemed as instructions from the User and shall be relied on as received.

4.4 The User acknowledges that Tala may not be able to reverse or annul any transaction executed based on the instructions received via the USSD Service prior to such notice from the User to Tala.

4.5 Tala is under no obligation to verify the authenticity of any transaction or instruction received from the User through the USSD Services or purporting to have been sent by the User via the USSD Services.

4.6 Tala reserves the right to determine the type of services and functionalities which Users may be offered on each Account and to set monetary limits on transactions able to be processed via the USSD Services from time to time. Tala’s decision in this regard shall be final and binding on the User.

4.7 The User acknowledges that Tala is under no obligation to effect any payment transactions unless there are sufficient funds in the Account(s) to meet such transactions.

4.8 The User acknowledges that transactions that require authorization by Tala may not be effected immediately or automatically and that Tala reserves the right to allow or disallow such transactions at its sole discretion with or without notice to the User.

5 RESPONSIBILITIES OF THE USER

5.1 The terms of clause 14 of the Line of Credit Agreement and clause 13 of the Customer Agreement (Your responsibility to keep your log in details & your equipment safe) shall apply to these Terms and Conditions, mutatis mutandis, as if set out in full herein.

6 LIMITATION OF LIABILITY

6.1 The terms of clause 16 (Exclusion of liability) of the Line of Credit Agreement and clause 15 (Limitation of liability) of the Customer Agreement shall apply to these Terms and Conditions, mutatis mutandis, as if set out in full herein.

7 INDEMNITY

7.1 The terms of clause 17 (Indemnity) of the Line of Credit Agreement and clause 16 (Indemnity and exclusion of liability) of the Customer Agreement shall apply to these Terms and Conditions mutatis mutandis, as if set out in full herein.

8 DISCLOSURE OF PERSONAL INFORMATION

8.1 The terms of clause 25 (Privacy) of the Line of Credit Agreement and clause 5 (Our use of personal data) of the Customer Agreement shall apply to these Terms and Conditions, mutatis mutandis, as if set out in full herein.

8.2 Tala upholds the importance of protecting the privacy of all information provided by users of the Tala App. We use your Personal Data and Relevant Information in accordance with our Privacy Policy, our Privacy Notice and the Kenya Data Protection Act, 2019. Please take the time to read the Privacy Policy and Privacy Notice as it sets out the consents Tala may require from the User and ask the User to provide on how Tala collects, uses, stores and shares the User’s information.

8.3 The terms of Tala’s Privacy Policy and Privacy Notice shall apply to these Terms and Conditions, mutatis mutandis, as if set out in full herein.

9 WITHDRAWAL OF THE USSD SERVICE

9.1 The User’s access to the USSD Service will automatically terminate upon the User closing all his/her Accounts with Tala.

9.2 Tala may discontinue or suspend the USSD Services temporarily, without notice for purposes of upgrading, maintaining, repairing or expanding the USSD Services or for any reason it deems necessary.

10 FEES AND CHARGES

10.1 Tala reserves the right to charge the User a fee for the use of the USSD Services. Users will be notified of these fees from time to time. By continuing the use of the USSD Services following such notice, the User agrees to the fees applicable for the USSD Services. Tala reserves the right to revise the fees chargeable for the USSD Services from time to time.

10.2 The User acknowledges that his/her mobile service provider or internet service provider may also charge him/her fees for accessing and using the USSD Services via a mobile network or Wi-Fi connection, and that he/she shall be solely responsible for such fees/charges.

10.3 The terms under clause 7 (Charges) of the Line of Credit Agreement and clause 6.7 (Credit advances and charges) of the Customer Agreement shall apply to these Terms and Conditions mutatis mutandis, as if set out in full herein.

11 GENERAL PROVISIONS

The general provisions of the Product Terms and Conditions shall be applicable to these Terms and Conditions.

12 GOVERNING LAW AND DISPUTE RESOLUTION

The Governing Law and Dispute Resolution process set out in the Product Terms and Conditions shall be applicable.

13 MODIFICATIONS TO THESE TERMS AND CONDITIONS

The change or modification process set out in the Product Terms and Conditions shall be applicable to these Terms and Conditions.

14 USSD SERVICES DEACTIVATION AND CONTACT

If a User wishes to terminate his Account(s) and the USSD Services, the User should contact the Tala Customer Care Contact Centre to deactivate the User’s Profile. Any fees that may be outstanding at the time of such termination will remain payable.

If you have any questions or would like more information about the USSD Services and/or any Tala products and services, please visit https://tala.co.ke/ or contact us in writing via email at hellokenya@tala.co.