Wallet Terms and Conditions

  1. 1. The Agreement

    1. This Agreement sets out the complete Terms and Conditions (hereinafter called "these Terms and Conditions") which shall be applicable to the E- Wallet (as hereinafter defined) opened by you (as hereinafter defined) with the Bank (as hereinafter defined).
    2. These Terms and Conditions (“Condition of Use”) are applicable and become effective once you opt into the E- Wallet Service.
  2. 2. Definitions and Interpretation

    1. "E-Wallet Account” means your Tala wallet account, being the record maintained by us of the amount of E-Money from time to time held by you and represented by an equivalent amount of cash held by the Bank on your behalf, and accessible exclusively through the Tala mobile application.
    2. AML" – means anti-money laundering.
    3. Bank”- means Diamond Trust Bank Limited incorporated in Kenya as a limited liability company under the Companies Act (Chapter 486 of the Laws of Kenya) and duly licensed as a bank under the Banking Act (Chapter 488 of the Laws of Kenya) and includes subsidiaries of the Bank as may from time to time be specified by the Bank to you;
    4. Customer” - means the person in whose name the E-Wallet Account with the Bank is existing.
    5. Data Protection Legislation” means the General Data Protection Regulation (GDPR); or Data Protection Act, No. 24 of 2019 of Kenya; or any other legislation applicable to the protection of personal information in Kenya.
    6. E-Money” - means the electronic monetary value depicted in your E-Wallet Account representing an equal amount of cash.
    7. “Equipment” – includes your mobile phone handset, SIM Card, website portal and any other Equipment which when used together enables you to access the Tala services.
    8. E-Wallet”- Means a store of value that is housed within the Bank to hold the corresponding e-value of the amount a customer has assigned to their wallet.
    9. Fees” means, where applicable, the Facility Fee, Access Fee or any other charges applicable for the Services as communicated by us from time to time in accordance with this Agreement and includes any charges, and applicable taxes thereon under the laws of Kenya.
    10. IPRS” - means the Integrated Population Registration System.
    11. Know Your Customer” also known as KYC refers to the customer due diligence obligations prescribed by relevant laws and as may be prescribed or recommended by the Government or Central Bank of Kenya from time to time.
    12. "KRA" – means the Kenya Revenue Authority.
    13. Network” means the mobile cellular network operated by a licensed telecommunication service provider in Kenya.
    14. Partner” means Inventure Mobile Limited, trading as Tala, a limited liability company registered under the laws of the Republic of Kenya (“Tala”).
    15. Personal Information”- means personal identifiable information as prescribed in the Data Protection Act which includes but is not limited to name, address, phone number, identification number and location data.
    16. "Privacy Policies" – means the Bank's Privacy Policy (available on the DTB website) and Tala’s Privacy Policy that sets out the basis on which any personal data that Tala collects from You, or that You provide to Tala or the Bank through Tala will be stored and processed by Tala or the Bank.
    17. Request” - means a request or instruction received by the Bank from you or purportedly from you through the Tala System and upon which the Bank is authorized to act;
    18. Services” - shall include any form of banking services or products that the Bank and Tala may offer you pursuant to this Agreement and as you may from time to time subscribe to and “Service” shall be construed accordingly.
    19. Unregulated Currencies” means any currency that is not regulated by the Central Bank of Kenya or any other regulatory body duly mandated in Kenya.
    20. You” “you” or "your" - means the Customer and includes the personal representatives of the Customer.
    21. We” or “us” means the Bank or Tala as the case may be.
  3. 3. Acceptance of the Terms And Conditions

    1. Before applying to open the E-Wallet via the Tala System you should carefully read and understand these Terms and Conditions which will govern the use and operation of the E- Wallet.
    2. If you do not agree with these Terms and Conditions, please click “Decline” on the available Menu.
    3. You will be deemed to have read, understood and accepted these Terms and Conditions:
      1. upon clicking on the “Accept” option on the requesting you to confirm that you have read, understood and agreed to abide with these Terms and Conditions; and/or
      2. by using or continuing to use and operate the E-Wallet.
    4. By applying to open the E-Wallet with the Bank, you agree to comply with and be bound by these Terms and Conditions for the time being and from time to time in force governing the operation of the E-Wallet and you affirm that these Terms and Conditions herein are without prejudice to any right that the Bank may have with respect to the E-Wallet in law or otherwise.
    5. These Terms and Conditions including the Bank’s Privacy Policy may be amended or varied by the Bank from time to time and the Bank will issue you with a thirty (30) days’ notice prior to the change through Tala. Continued use of your E-Wallet after this notice period constitutes your agreement to be bound by the terms of any such amendment or variation.
    6. You acknowledge and accept that the Bank offers the E-Wallet only electronically and you agree to do business with the Bank and to operate the E-Wallet only by electronic means via the Tala System. Any query and complaint you may have relating to the Services shall be addressed to the Bank through the Customer Care Centre of Tala .For the avoidance of doubt, you acknowledge and accept that You will not be allowed or entitled to receive or demand the Services pertaining to Tala at any branch or branches of the Bank unless otherwise advised by the Bank in its sole discretion. You further acknowledge and accept that the Customer Care Centre of Tala is not a branch of the Bank or the Bank’s Agent for purposes of conducting banking business or transactions and that it will not act as such.
  4. 4. Account Opening

    1. You must be at least 18 years old to open an account.
    2. You may open an E-Wallet Account solely by way of an electronic application provided to you by Tala.
    3. Registration of your E-Wallet Account shall be done by providing the required Personal Information.
    4. When you register for the E-Wallet Account, you confirm and warrant that all information provided by you is true and accurate in all respects and you will inform us immediately if any changes to such information arises.
    5. Copies of the KYC Documentation provided may be retained after your registration.
    6. The Bank may request Tala for your personal information held by Tala pursuant to the agreement between you and Tala for the provision of Tala products and services. This information will include your phone number, name, date of birth, ID or Passport Number, KRA Pin and such other information that will enable the Bank to identify you and comply with the regulatory “Know Your Customer” requirements.
    7. The Bank may request Tala for information relating to your use of Tala System as the Bank shall require for purposes of providing you the Services.
    8. The Bank, through Tala may seek your consent to approve the disclosure of the Personal Information and to the -aforesaid use of the Personal Information by the Bank.
    9. The Bank will employ a range of technologies and internal policy framework to protect the information and data maintained on our systems from loss, unauthorized access, disclosure, alteration, or destruction and has at all times taken and takes all steps reasonably necessary to ensure the confidentiality and integrity of such Personal Information and information and the way it is processed. These policies and standards are periodically updated to keep them up to date with regulations and market developments.
    10. You hereby further acknowledge and authorize the Bank to verify your Personal Information received from Tala against the information received from the Government of Kenya repositories (including but not limited to IPRS, KRA) and from other bodies for AML screening.
    11. The Bank reserves the right to request for further information from you either directly or through Tala pertaining to your application for Tala services at any time. Failure to provide such information within the time required by the Bank may result in the Bank declining to accept your application or usage of an E-Wallet account.
    12. The Bank, under the provisions of Kenyan laws concerning the participation of financial institutions in combating money-laundering and the financing of terrorist activities, will be

      required to ascertain from every customer the source, purpose and destination of the transactions on the E-Wallet.

    13. You must not maintain more than one (1) E-Wallet Account. If at the time of commencement of these Terms and Conditions you maintain more than one (1) E-Wallet Account, we reserve the right to migrate the Account to the next tier, if necessary, requiring enhanced due diligence (including the submission by you for additional documentation as may be required) and may require you to close off any extra accounts.
    14. You hereby expressly consent and authorize the Bank to use your feedback, suggestions, ideas, your Personal Information or data relating to your E-Wallet Account in any way, including in future modifications of the Service, other products or services, advertising, or marketing materials.
    15. The Bank reserves the right to decline your application for an E-Wallet Account or to revoke the same at any stage at the Bank’s sole discretion and without assigning any reason or giving any notice thereto.
    16. The Bank will adhere to the Privacy Clause herein to undertake its obligations herein.
  5. 5. Type of Account

    1. E-Wallet

      1. As a holder of an E-Wallet Account, you will be entitled and subject to these Terms and Conditions.
      2. We reserve the right to prescribe transaction limits.
    2. Usage of the E-Wallet

      1. After your account has been opened and activated, You will be able to initiate the following Transactions:
        1. Load E-Money into the E-Wallet through the different payment options availed by Tala.
        2. Send money from your E-Wallet to other Users through the different payment options availed by Tala.
        3. any other transactions that may be introduced by Tala through the Bank from time to time. You are responsible for all transactions given to the Bank in relation to your E-Wallet Account
        4. Transactions done on the E-Wallet provided that they have been fully authenticated by Tala and the customer shall be processed by the Bank without further checks.
        5. Transaction limits as prescribed by the Bank shall apply each time you transact on your E-Wallet account.
        6. Your Transaction requests will not be completed:
          1. If you have insufficient funds in your E-Wallet to complete a transaction;
          2. If you have reached the maximum E-Wallet Account balance limit as prescribed by Bank;
          3. If you have reached the daily transaction limit prescribed by the Bank;
          4. If your E-Wallet account has been temporarily suspended or permanently frozen on valid grounds;
          5. if there are any other compelling reasons such as temporary system delay or outage;
          6. if the E-Money in your E-Wallet Account is not enough to carry out your Transaction request in full, the Transaction will not be completed and no E-Money will be debited from your E-Wallet account;
          7. if the transactions being done are for payment of any illegal or unregulated activities;
          8. If your Tala mobile application account has been suspended or is otherwise not accessible.
          9. or for any other reason as may be deemed necessary by the Bank.
        7. Upon successful completion of your Transaction, the Bank will immediately effect the payment and send a notification to Tala. Tala will then send a notification through the available means to you as to the completed status of your transaction.
        8. Where the Bank is unable to complete a transaction, Tala will be notified by the Bank as to the reasons for not completing the transaction. Tala will then notify you of the same through the available channels.
        9. A transaction once received by the Bank will be deemed your transaction and the Bank will process without any further authentication or checks.
        10. A transaction once completed is final and irrevocable. As such, the Bank and Tala shall not be under any compulsion to reverse any Transaction.
        11. The reasons for Payment Reversals include, but are not limited to:
          • you did not authorize the transaction amount;
          • you did not initiate the transaction, or you did not receive the goods and/or services;
          • you cancelled the transaction; or
          • you suspect fraud on your E-Wallet Account.
        12. Notwithstanding the import of clause, we reserve the right, at our sole discretion, to cancel or reverse a Transaction if reasonable grounds such as manifest error or fraud are shown and PROVIDED that the recipient has not redeemed the E-Money and the reversal claim is made within one (1) month of the erroneous Transaction date.
        13. We will not be compelled to refund or compensate the sender if the E- Money is sent to a recipient mistakenly or in error or fraudulently or under duress and subsequently redeemed for Cash or otherwise spent by the recipient of the mistaken, erroneous or fraudulent Transaction and you hereby agree to hold us harmless for any losses arising from a mistaken,

          erroneous or fraudulent transfer of funds or any transfer of funds from your account effected under duress or under coercion or criminal force.

      2. We shall, subject to Transaction limits on the Platform, process the requests you make immediately after being satisfied that the person making the withdrawal has passed all identity and security validation and verification procedures. In the event of a dispute over the redemption of the funds, it shall be sufficient for Us to show a logical association between the Transaction and the verification of identity and/or security procedures conducted to ascertain identity of the person entitled to the funds.
      3. Subject to any other provisions to the contrary, you will be charged a withdrawal fee each time you withdraw funds from your Account.
    3. Inactive Account

      1. We shall close any E-Wallet Account that has been inactive for a period of six (6) months upon issuance of a thirty (30) days’ notice to you.
    4. Account Closure

      1. You may close your Account at any time by calling the Customer Care Centre. The Account shall be closed in accordance with these Terms and our procedures.
      2. Any refunds due to you will be made via mobile money to the phone number registered in your Account.
  6. 6. Applicable Fees and Charges

    1. The funding of the Wallet shall be subject to mobile money or bank transfer fees, as the case may be and as may be advised from time to time, and these fees shall attract Excise Duty as prescribed from time to time.
    2. Transactions out of the Wallet may be subject to service fees, which shall attract Excise Duty as prescribed from time to time. The fees are set forth on the Tala website. You agree to pay the relevant service fees, which are subject to change in Tala’s sole discretion upon thirty (30) days’ notification to you or immediately after any statutory fee is gazetted.
    3. The Account shall provide for a standard Fee for each participating transaction type and shall not support redemption of any charges or downstream payments discount coupons unless such charges discounts are specifically stated and/or communicated to apply to your Account.
    4. You hereby agree to pay all fees payable in connection with your use of the service, any legal charges including advocates and client costs incurred by Tala in use of your Account and its Services and all other fees, expenses, taxes, duties, impositions and expenses incurred in respect to the wallet services provided to you.
    5. If you believe that there has been an error in making payment from your E-Wallet Account you must contact us through the Customer Care Centre as soon as possible so that we can attempt to resolve the problem.
    6. If we incorrectly transfer any monies or balance from us and on to your E-Wallet Account, provided we notify you of this error, you irrevocably authorize us to recover the transferred amount from the Account.
    7. You hereby agree that Tala may hold and delay any of the Services pending the satisfaction by you of any proceeds of crime, anti-money laundering and related requirements.
  7. 7. Account Statements and Notices

    1. You can request for your statement for the E-Wallet Account at any time through your Equipment.
    2. The Statement shall be delivered to you through your Equipment from the Tala mobile application, by SMS, or through the email or mobile phone number associated with your Account or such other electronic means as we may in our discretion determine.
    3. By virtue of your registration for the Account, you agree to receiving communications and information from us through the Tala mobile application, by email, SMS to the mobile phone number associated with your Account, or such other electronic means as we may in our discretion determine.
    4. You acknowledge that all notices, information and other communications we provide to you electronically comply with any legal requirement that such communication from us be in writing and that you shall be responsible for the payment of charges that may be levied by a Mobile Network Operator in delivering any such communication.
    5. Save for a manifest error, an E-Wallet Account statement issued to you aforesaid in respect of your E-Wallet Account shall be conclusive evidence of the transaction carried out on your account for the period covered in the statement.
  8. 8. Irrevocable Authority of the Bank

    1. You hereby irrevocably authorize the Bank to act on all Requests received by the Bank from you (or purportedly from you) through the Tala System and to hold you liable in respect thereof, notwithstanding that any such requests are not authorized by you or are not in accordance with any existing mandates given by you.
    2. If you request the Bank to cancel any transaction or instruction after a Request has been received by the Bank from you, the Bank may at its absolute discretion cancel such transaction or instruction but shall have no obligation to do so.
    3. The Bank is authorized to effect such orders in respect of your E-Wallet Account as may be required by any court order or competent authority or agency under the applicable laws.
    4. In the event of any conflict between any terms of any Request received by the Bank from you and these Terms and Conditions, these Terms and Conditions shall prevail.
  9. 9. Customer Equipment and Customer’s Responsibilities

    1. You shall at your own expense provide and maintain in safe and efficient operating order your Equipment necessary for the purpose of accessing the E-Wallet Account and the Services.
    2. You shall be responsible for ensuring the proper performance of your Equipment. Tala shall neither be responsible for any errors or failures caused by any malfunction of your Equipment, and nor shall Tala be responsible for any computer virus or related problems that may be associated with the use of the Account, the Services and the Equipment. You shall be responsible for charges due to any service provider providing you with connection

      to the E-Wallet Account and Tala shall not be responsible for losses or delays caused by any such service provider.

    3. You shall follow all instructions, procedures and terms contained in these Terms and Conditions and any document provided by us concerning the use of the E-Wallet Account and Services.
    4. You agree and acknowledge that you shall be solely responsible for the safekeeping and proper use of your Equipment and for keeping your PIN secret and secure. You shall ensure that your PIN does not become known or come into possession of any unauthorized person. Tala shall not be liable for any disclosure of your PIN to any third party and you hereby agree to indemnify and hold Tala harmless from any losses resulting from any PIN disclosure.
    5. You shall take all reasonable precautions to detect any unauthorized use of the E-Wallet Account and the Services. To that end, you shall ensure that all communications from Tala are examined and checked by you or on your behalf as soon as practicable after receipt by you in such a way that any unauthorized use of and access to the E-Wallet Account will be detected.
    6. You shall immediately inform us through the Service Centre in the event that:
      1. You have reason to believe that your PIN is or may be known to any person not authorized to know the same and/or has been compromised; and/or
      2. You have reason to believe that unauthorized use of the Services has or may have occurred or could occur and a transaction may have been fraudulently input or compromised.
    7. You shall always follow the security procedures notified to you by us from time to time or such other procedures as may be applicable to the Service from time to time. You acknowledge that any failure on your part to follow the recommended security procedures may result in a breach of your E-Wallet Account’s confidentiality. In particular, you shall ensure that the Service is not used, or Requests are not issued, or the relevant functions are not performed by anyone other than a person authorized to do so.
    8. All charges applicable to the E-Wallet Account are set forth in a separate fee schedule as may be published from time to time by us and are subject to change at any time at our sole discretion.
    9. You shall not at any time operate or use the E-Wallet Account in any manner that may be prejudicial to us.
  10. 10. No Endorsement of Products

    1. We do not represent or endorse, and shall not be responsible for: (a) the safety, quality, accuracy, reliability, integrity or legality of any product, the truth or accuracy of the description of products, or of any advice, opinion, offer, proposal, statement, data or other information (collectively, “Content”) displayed or distributed, purchased or paid through the Platform; or (b) the ability of E-Wallet Account holders to buy products or Sellers to deliver products. We hereby disclaim any liability or responsibility for errors or omissions in any content or in the Service.
  11. 11. Intellectual Property

    You acknowledge that the intellectual property rights in regards to the E-Wallet (and any amendments, upgrades or enhancements thereto from time to time) and all associated documentation that the Bank provides to you through the E-Wallet or otherwise are vested either in the Bank or in other persons from whom the Bank has a right to use and to sub-license the E- Wallet and/or the said documentation. You shall not infringe any such intellectual property rights. You shall not duplicate, reproduce or in any way tamper with the E-Wallet and associated documentation without the prior written consent of the Bank.

  12. 12. Liability

    1. In the event that you do not use your E-Wallet in accordance with these conditions of Use, or we find that you are using the E-Wallet fraudulently, we reserve the right to charge you for any reasonable costs or loss we incur in taking action to stop you from wrongfully using your E-Wallet.
    2. The Bank shall not be responsible for any loss suffered by the Customer should the Service be interfered with or be unavailable by reason of (a) any industrial action, (b) the failure of any of the facilities, or (c) any other circumstances whatsoever not reasonably within the Bank’s control including, without limitation, computer related viruses, force majeure or error, interruption, terrorist or any enemy action, equipment failure, loss of power, adverse weather or atmospheric conditions, and failure of any public or private telecommunications system.
    3. The Bank will not be liable for any losses or damage suffered by you as a result of or in connection with:
      1. failure, malfunction, interruption or unavailability of the System, your Equipment, the Network, and the Tala system.
      2. The transaction amount sought by the customer is below the minimum or above the maximum limits as communicated by the Bank from time to time;
      3. The customer has entered incorrect details and a payment is made to the wrong beneficiary.
      4. The transaction is suspicious or fraudulent resulting in losses to a third-party;
      5. the money in the customers E-Wallet Account or receipt of funds is intercepted by legal process or other encumbrance restricting payments or transfers thereof/or;
      6. Unforeseen circumstances prevent the execution of a transaction despite any reasonable precautions taken by the Bank.
      7. your failure to give proper or complete instructions for payments or transfers relating to your E-Wallet Account;
      8. any losses caused as a result of or in connection with any laws or regulations of countries where transactions are settled or cleared and/or any exchange control restrictions or other governmental regulations (for example anti money laundering regulations) which are imposed from time to time unless caused by the Bank’s breach of such laws and regulations;
    4. any damages or losses arising from unauthorized access to the Service by a third party using the Customer’s authentication credentials, unless prior notification from the

      Customer has been received by the Bank through Tala stating that no further access to the relevant Service shall be granted to any person, using such authentication credentials which notification shall have effect either from the date of receipt of such notification or such later date as may be specified in such notification; or

    5. Customer’s failure to comply with these Terms and Conditions and any document or information provided by the Bank concerning the use of the System and the Services.
    6. If for any reason other than a reason mentioned in subparagraphs 8.1 or 8.2, the Services are interfered with or unavailable, the Bank’s sole liability under this Agreement in respect thereof shall be to re-establish the Services as soon as reasonably practicable.
    7. The Bank shall not be liable to the Customer for any interference with or unavailability of the Electronic Banking Services, howsoever caused.
    8. Under no circumstances shall the Bank be liable to you for any loss of profit or anticipated savings or for any indirect or consequential loss or damage of whatever kind, howsoever caused, arising out of or in connection with the Services even where the possibility of such loss or damage is notified to the Bank.
    9. The Bank shall not be liable in any way if a third party does not honor the E-Wallet transactions
    10. The Bank may restrict or refuse to authorize any use of the E-Wallet in any legal jurisdiction if using the E-Wallet is causing or could cause a breach of the Condition of use of if the Bank suspects criminal or fraudulent use of the E-Wallet
    11. All warranties and obligations implied by law are hereby excluded to the fullest extent permitted by law.
    12. The Bank shall not be liable to you in case :
      1. any of your instructions are not clear;
      2. you provide incorrect information while transacting using your E-Wallet ;
      3. Any currency exchange rate inflation that will affect your purchases.
  13. 13. Indemnity

    1. In consideration of the Bank complying with your instructions or Requests in relation the E-Wallet Account, you undertake to indemnify the Bank and Tala and hold them harmless against any loss, charge, damage, expense, fee or claim which the Bank and Tala suffer or incur or sustain thereby and you absolve the Bank and Tala from all liability for loss or damage which you may sustain from the Bank and Tala acting on your instructions or requests or in accordance with these Terms and Conditions.
    2. The indemnity in clause 13.1 shall also cover the following:
      1. All demands, claims, actions, losses and damages of whatever nature which may be brought against the Bank and Tala or which they may suffer or incur arising from their acting or not acting on any Request or arising from the malfunction or failure or unavailability of any hardware, software, or equipment, the loss or destruction of any data, power failures, corruption of storage media, natural phenomena, riots, acts of vandalism, sabotage, terrorism, any other event beyond the Bank’s control interruption, or distortion of communication links or arising from reliance on any

        person or any incorrect, illegible, incomplete or inaccurate information or data contained in any Request received by the Bank and Tala.

      2. Any loss or damage that may arise from the customer’s use, misuse, abuse or possession of any third-party software, including without limitation, any operating system, browser software or any other software packages or programs.
      3. Any unauthorized access to the customers E-Wallet Account or any breach of security or any destruction or accessing of your data or any destruction or theft of or damage to any of your Equipment.
      4. Any loss or damage occasioned by the failure by the customer to adhere to these Terms and Conditions and/or by supplying of incorrect information or loss or damage occasioned by the failure or unavailability of third party facilities or systems or the inability of a third party to process a transaction or any loss which may be incurred by the Bank as a consequence of any breach by these Terms and Conditions.
      5. Any damages and costs payable to the Bank and Tala in respect of any claims against the Bank and Tala for recompense for loss where the particular circumstance is within the customer’s control.
  14. 14. Variation And Termination Of Relationship

    1. The Bank may at any time, upon notice to you through Tala ,terminate or vary its business relationship with the customer and close the customer’s E-Wallet Account and in particular but without prejudice to the generality of the foregoing the Bank may cancel credits which it has granted within such time as the Bank may determine.
    2. Without prejudice to the Bank rights under clause 14.1, the Bank may at its sole discretion suspend or close your E-Wallet Account:
      1. if you use the E-Wallet Account for unauthorized purposes or where the Bank detects any abuse/misuse, breach of content, fraud or attempted fraud relating to your use of the Services;
      2. if your agreement with Tala is terminated for whatever reason;
      3. if the agreement between the Bank & Tala is terminated for whatever reason;
      4. if the Bank is required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
      5. if the Bank reasonably suspects or believes that you are in breach of these Terms and Conditions or other terms and conditions relating to the services
      6. where such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
      7. where you remain inactive for any period of time determined by the Bank in its reasonable discretion; or
      8. If the Bank decides to suspend or cease the provision of the Services for commercial reasons or for any other reason as it may determine in its absolute discretion.
      9. If You decline to provide any additional KYC information or information relating to usage of the E-Wallet account that is required or requested by the Bank upon reasonable notice
    3. The Bank may at any time, without notice to you, terminate its business relationship with you and in particular but without prejudice to the generality of the foregoing, the Bank may cancel credits which it has granted within such time as the Bank may determine. The Bank may further terminate or freeze any E-Wallet account in your name without prior notice to you if:
      1. at any time and with immediate effect, if the Bank is no longer authorized to issue electronic money due to a decision by the competent authorities or an amendment to the applicable regulations and if it is not replaced by another electronic money Bank or regulated financial institution with capacity to run this solution;
      2. at any time, within one month in the case of a serious failure by one or other of the Parties to fulfil its obligations, thirty (30) days after formal notice by registered letter with acknowledgement of receipt that remains unanswered.
      3. at any time and without formal notice in the event of Tala’s/Customer’s non- compliance with the regulations governing the prevention of money-laundering and the financing of terrorism.
      4. You are found to be using, holding or trading in Unregulated Currencies.
      5. You are found to be trading or is part of businesses associated with using, holding or trading in Unregulated Currencies, gambling and or betting.
    4. The Bank will conduct due diligence and vigilance on E-Wallet accounts at any given time and without notice to You, in a bid to ensure that there are no activities ongoing therein that are contrary to this clause.
    5. The Bank retains the right to refuse to open an E-Wallet account or to process a transaction where it is suspected that You are or the transaction is criminal, fraudulent, or in contravention of the provisions of this agreement.
    6. You may close your E-Wallet Account at any time through Tala.
    7. The Wallets that are still active shall be kept open until their expiry or, in the absence of an expiry date, until the Bank receives the agreement of each Customer holding electronic money to close down their Wallet together with instructions to transfer the funds less any applicable fees. The Bank must be given a release from any claim by Customers holding electronic money and their consent to its successor.
    8. Termination shall however not affect any accrued rights and liabilities of either party.
  15. 15. Privacy

    1. Collection of information and Processing of Personal Data.

      You consent to the Bank collecting your Personal Data from you or Tala and where the bank is required by law to collect certain personal information and are legally obligated to deny the customer the service if such information is not availed. Apart from the legal

      obligation mentioned above, the customer consents to the bank processing your Personal Data:

      1. To provide you with a quality Service delivery, without which, we shall not be able to provide you with quality service;
      2. To carry our statistical and other analyses to identify potential market trends, evaluate and improve our services;
      3. For marketing or promotional purposes where you have consented to marketing; and for other purposes as set out in the Privacy Policies. Your contact details may be used to supply, by telephone, email or SMS, information to you about us and to send you occasional marketing material, which we think you might find valuable. You can unsubscribe to any non-mandatory notifications at any time by contacting the Customer Care Centre.
      4. To seek additional information through the Data provided by You to enhance our KYC information.
    2. Privacy
      1. The Bank is committed to respecting and protecting the privacy of the information we collect from the customer. The customer shall have the right to:
        1. Request access to your Personal Data, request correction and erasure of your Personal Data, object to processing of your Personal Data, request restriction of processing of your Personal Data, request the transfer of your Personal Data to you or a third party, withdraw consent at any time where we are relying on consent to process your Personal Data.
        2. You agree and confirm that the above rights over your Personal Data are to be enjoyed subject to the Bank’s & Tala’s Privacy Policy, as updated from time to time, which explains how we treat your personal information, who we share your information with, and measures taken protect your privacy when you use the Tala Services. This can be found on DTB Data Privacy Policy on the DTB website and Tala Privacy Policy.
  16. 16. Notices

    1. If you wish to Contact the Bank in writing or if any condition in this agreement requires You to give the Bank Notice, You can send this to Tala via the available communication channels.
    2. If the Bank will have to Contact You or give you notice in writing, the Bank will do so through Tala.
  17. 17. Customer Complaints and Disputes

    1. On receiving a complaint, we shall provide the Complainant with a prompt written acknowledgement within forty-eight (48) hours and resolve the complaint in seven (7) working days. For complaints not resolved within seven (7) working days, written updates should be forwarded to the Customer on the progress in resolving the complaint, once in every seven (7) days.
    2. You may contact Tala’s Customer Care Center to report any disputes, claims or E-Wallet Account.
    3. Tala’s Customer Care Center representatives may reach out to the Bank’s representatives to assist in resolving disputes, queries, claims of E-Wallet Account.
    4. Any dispute arising out of or in connection with this Agreement that is not resolved by both the Bank Representatives and Tala’s Customer Care Centre representatives shall be referred to a Kenyan court of competent jurisdiction.
    5. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Kenya.
  18. 18. Variation

    1. No variation can be made to these Terms and Conditions except by us upon issuance of 30 days’ notice sent to you. Following expiry of such notice, the Terms and Conditions will be varied accordingly. Nothing said or done by any of our employees is capable of varying these Terms and Conditions.
    2. The terms of this Agreement (as may be amended from time to time) shall form a legally binding agreement binding on you and your personal successors.
  19. 19. Waiver

    No time or other indulgence granted by us to the Customer will constitute a waiver of any of its rights under these Terms or at law and we will not be precluded from exercising any such rights against the Customer.

  20. 20. Severability

    If any provision of this Agreement is illegal, invalid or unenforceable in any jurisdiction, its enforceability in any other jurisdiction shall not be affected and nor shall the validity or enforceability of any other provision of this Agreement.

  21. 21. Force Majeure

    We reserve the right to defer delivery of the Services or to cancel the contract between us, if we are prevented from or delayed in the carrying on of our business and our obligations under our contract due to circumstances beyond our reasonable control including, without limitation, acts of God, or acts of any government or government authority or agency, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes.

  22. 22. Warranties

    We make no representations or warranties as to continuous, uninterrupted or secure access to the Account Services, which may be affected by factors outside our control, or may be subject to periodic testing, repair, maintenance or upgrades.

  23. 23. Cooling off Period

    You have the right to seek independent legal counsel in order to fully understand the implications and potential consequences of agreeing to these Terms and Conditions prior to clicking the “Agree and Continue” button. The Customer shall be deemed to have read, understood and accepted to be bound by these Terms and Conditions (Which may be amended by us from time to time) by selecting the “Agree and Continue” button.

    The Bank and Tala are regulated by the Central Bank of Kenya for purposes of this Service.