Thank you for using NALA's mobile applications, API’s, Website (“Site”), and associated software” (collectively, “Service(s)”). By accessing or using our services, you are agreeing to the terms below.
The terms below, as well as any additional terms accompanying NALA’s Services, and any applicable policies, operating rules, and procedures published on our website or any other website we maintain for purposes of providing Services, are referred to collectively as the “Terms.” By using NALA’s Services, you agree to comply with our Terms and that these Terms control your relationship with NALA and are legally binding. You understand that the use of our Services is restricted to those uses specified in the Terms. NALA may suspend access to its Services by you through our application or Site without notice if we reasonably believe that you are in violation of the Terms. We maintain the right to revise these Terms at any time and you agree to be bound by the latest version of the Terms.
Under the Terms, "NALA" means NALA Incorporation Company Limited, a registered limited United Republic of Tanzania company, or any of its current or future subsidiaries, affiliates, successors or assigns. We may refer to "NALA" as "we", "our", or "us" in the Terms. We refer to the individual(s), application, service, or business named on NALA’s registration page or other License Agreement as "you", "your”, or “user(s)”.
NALA provides Services that allow convenience to the services of mobile money providers in mobile applications. You understand that although our Services facilitate a connection with mobile money providers, NALA is not a bank, money service business, or a payments processor, and we cannot be held liable by you or your end-users for any products or services you build using NALA’s Services. There is no warranty for our Services, which are provided “as-is,” and you accept and assume any risk associated with use of the Services.
a. Who May Accept the Terms. You are not allowed to use NALA’s Services and cannot accept our Terms unless: (i) you are of legal age to form a binding contract with us; and, (ii) the applicable laws of the United Republic of Tanzania or other countries – including the country in which you reside – do not bar you from receiving our Services.
b. Acceptance on Behalf of Entities. If you represent an entity, and you are using NALA’s Services on behalf of that entity, you confirm and warrant that you occupy a position in that entity which allows you to bind the entity to our Terms. Your use of our Services on behalf of that entity hereby confirms that the entity is bound to the Terms. You understand that any reference to “you” or “your” shall refer to that entity. If you are not properly authorized to bind your entity to these Terms, then you understand that you will be personally responsible for any pursuant damages relating to the use of NALA’s Services.
c. Adherence to the Law. By registering to use our Services you confirm that you do and will adhere to all relevant laws, regulations, and rules, including but not limited to those relating to financial and personally identifiable information (“PII”).
e. Accurate Information. You agree that any information you provide NALA as part of any registration process to use our Services will be accurate and you will keep such information up to date and promptly inform us of any changes.
f. Account Information Security. You take full responsibility for the security of your account login information and password. You shall not share your account credentials with anyone, and you agree that you are responsible for all activity conducted through your account.
g. Consent to Receive Electronic Communications from NALA. By registering to use our Services, you consent to receive electronic communications from NALA. “Communications” may come in the form of an email, SMS, mobile phone notification, a call to you from NALA, or as an update to our website. You confirm that you are able to receive such communications and will diligently check our email and our webpage for these communications. NALA will consider a communication received by you 24 hours after sending or posting it.
3. Third Parties
a. Compliance with The Law. You agree that you are subject to, and will comply with, all applicable laws, regulations, and third party rights, including, but not limited to, those relating to the import or export of data or software, privacy, and local laws. You further agree that you will not use our Services to encourage or promote illegal activity or violation of third party rights and that you are bound by, and will not violate, any other terms of service with NALA or its affiliates.
a. Information relating to the purchase of NALA’s Services may be found after enquiry, feel free to email us at email@example.com. We reserve the right to update our fee schedule at our sole discretion.
5. General Services Content and License
a. License. If your registration, as described in Sections 2 and 4, is accepted by us, then we grant you a nonexclusive and nontransferable license to use our Services in a matter described in the Terms. You agree that you do not and will not: (i) claim ownership of NALA’s Services on your behalf or on the behalf of others; (ii) sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publish, adapt, edit or create derivative works from our Services; or, (iii) use our Services in a way that violates the Terms or any applicable laws.
b. Right to Terminate. NALA reserves the right to suspend access or terminate your account without notice should we determine, in our sole discretion, that you may have breached the Terms, or that your activity may present any party with a risk or security concern.
c. Right to Monitor. You accept that NALA maintains the right to monitor the use of its Services in order to ensure quality, gather information for the purpose of improving NALA’s products, to ensure that you are complying with the Terms, and to identify any security issues that may affect NALA or its users. You accept that such monitoring includes NALA’s right to access our application and you confirm that you will not in any way interfere with such monitoring. If NALA believes you are interfering with such monitoring, you accept that it may use any technical methods to overcome such interference.
6. Restricted Uses
a. Restricted Uses for You. You agree that in connection with your use of our Services you will not:
(i) breach the Terms or the terms and policies of the mobile money providers you connect with through our Services; (ii) provide false or inaccurate information to us; (iii) engage in transactions which involve illegal goods or services according to the laws in which your application is developed and/or used and according to the laws of the United Republic of Tanzania; (iv) copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way data, content, or any part of our Services except as permitted in the Terms (v) transfer any rights granted to you under these Terms; (vi) work around any of the Service’s technical limitations or enable functionality in the Service that is disabled or prohibited by NALA; (vii) reverse engineer any part of our Services; (viii) perform any actions that would interfere with the normal operation of, or affect the use of, our Services by our other users.
b. Restricted Uses for Your End Users. You agree to abide by the terms listed in Section 7(a) as they apply to our partners, including but not limited to NALA. Specifically you, may not copy, reproduce, republish, upload, post, transmit, resell, or distribute in any way data, content, or any part of NALA Services except as permitted in their Terms of Service.
a. Links to Other Websites. The Services may contain links to other web sites. NALA is not responsible for the privacy practices or the content of those other Websites.
b. How We Collect Information. NALA collects information in several different ways, depending on which part of our Services you use. Collection of information can come in the form of: (i) when users submit information to us directly (e.g., through the registration process or by corresponding with NALA via e-mail or chat); (ii) when we obtain information about users through trusted third parties (e.g., for purposes of verification); (iii) through user’s access to our Services generally (e.g., through “cookies” when users visit the Site); and (iv) through user’s access of our application, including information submitted in the application, data saved by the application, information collected from the user’s mobile device, searching for an app or Service, sharing data via the App's social media functions, entering a competition, promotion or survey, and reporting a problem with the App, our Services, our App Site or any of Our Service Sites. Finally, we may collect additional information from or about you in other ways not specifically described here. For example, we may collect information related to your contact with our customer support team or store results when you respond to a survey.
C. The Information We Collect. This information may include your name, address, e-mail address and phone number, the Device's phone number, SIM card details, age, username, other registration information, personal description and photograph.technical information, including the type of mobile device you use, unique device identifiers (for example, your Device's IMEI or serial number), information about the SIM card used by the Device, mobile network information, your Device’s operating system, the type of browser you use, or your Device’s location and time zone setting (Device Information);
information stored on your Device, including contact lists, call logs, SMS logs, digital content (Content Information);
data from your use of any other third-party application on the Device or the Service Sites; and
details of your use of any of our Apps or your visits to any of Our Service Sites; including, but not limited to, traffic data, location data, weblogs and other communication data (Log Information).
Information you share or data you import relating to your social web services.
We also may obtain information about you: (a) from your mobile device such as your device type, machine or mobile device identification number, geo-location, time zone, language setting, browser type, and IP address, and (b) from third parties for purposes of transaction processing, identity verification, fraud detection or prevention and other similar purposes. For fraud prevention purposes, we also may link your machine ID with the machines of others who use your same payment cards.
We may also use GPS technology OR other location services to determine your current location. You can withdraw your consent to our collection, processing or use of this information at any time by logging out and uninstalling the App from your Device
h. Children. NALA does not knowingly collect any personal information from anyone under the age of 13. If you are under 13, do not attempt to use our Services.
Where we have given you (or where you have chosen) a password that enables you to access certain parts of Our Service Sites, you are responsible for keeping this password confidential. We ask you not to share a password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to Our Service Sites; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.
J. Your rights
We will use your data for the purposes of compiling statistics relating to our user base and may disclose such information to any third party for such purposes, provided that such information will always be anonymous.
Should we wish to use your information for marketing purposes, we will inform you prior to such use. You shall be entitled to prevent such usage by informing us, within 10 days of being informed of the proposed use, that you do not wish to disclose such information. You can also exercise the right at any time by contacting us at firstname.lastname@example.org
Any changes we may make to this Policy in the future will be posted on this page and, where appropriate, notified to you when you next start the App or log onto one of the Service Sites. The new terms may be displayed on-screen and you may be required to read and accept them to continue your use of the App or the Services. In any event, by continuing to use the App or any Services after the posting of any changes, you confirm your continuing acceptance of this Policy together with such changes, and your consent to the terms set out therein.
8. Indemnification, No Warranty, and Exclusion of Liability
a. Indemnification. You shall defend, indemnify, and hold NALA harmless from any third party claim, suit, demand, loss, liability, damage, action, or proceeding and any related liabilities, damages, settlements, penalties, fines, costs or expenses (including all attorney’s fees and litigation costs) that result from: (i) your violation of any of the Terms; (ii) your use or misuse of our Services; (iii) your misconduct (whether willful, negligent, reckless, or otherwise); (iv) your actual or alleged violation of any third party rights, applicable laws, regulations or rules, including but not limited to those relating to PII and intellectual property; and/or (v) any disputes or issues you have with any end users, to include mobile money providers, including but not limited to PII, products, or services.
b. Disclaimer of Warranties. ALL LICENSED SOFTWARE, DOCUMENTATION AND OTHER PRODUCTS, INFORMATION, MATERIALS AND SERVICES PROVIDED BY US ARE PROVIDED “AS IS”. WE HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHER (INCLUDING ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE), AND SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
c. Exclusion of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY UNDER OR IN CONNECTION WITH THE TERMS OR SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY (i) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES OR PROFITS, (ii) LOSS OF GOODWILL OR REPUTATION, (iii) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY LICENSED SOFTWARE, (iv) LOSS, DAMAGE, CORRUPTION OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY, (v) COST OF REPLACEMENT GOODS OR SERVICES, OR (vi) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THIS LIMITATION OF LIABILITY SECTION SHALL APPLY TO FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU FURTHER AGREE TO LIMIT ANY ADDITIONAL LIABILITY NOT DISCLAIMED IN THESE TERMS.
a. Governing Law & Submission to Jurisdiction. The Terms are governed by and construed in accordance with the internal laws of the United Republic of Tanzania without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the United Republic of Tanzania. Any legal suit, action or proceeding arising out of the Terms will be instituted in the national courts of the United Republic of Tanzania , and each Party irrevocably submits to the jurisdiction of such courts in any such suit, action or proceeding.
b. Severability. Should any part of the Terms be deemed unenforceable by any competent body for any reason, that part shall be severed from the Terms, and the balance of the Terms shall remain enforceable and in effect.
c. Force Majeure. NALA is not responsible for any losses or damages arising from suspension of the Services due to extraordinary events or circumstances beyond our control.
d. No Waiver. Any failure of NALA to enforce any part of the Terms will not constitute a waiver of such part of the Terms.
e. Assignment. The Terms are not assignable, transferable or sub-licensable by you except with NALA’s prior written consent.
f. No Agency. Nothing in the Terms shall be construed to establish a partnership, joint venture, or other agency relationship between NALA and you or between NALA and any of our end users, to include mobile money providers.
g. Right to Amend. NALA maintains the right to change or add to any part of the Terms at any time. Such changes will be posted on our website. You agree that you will at all times be bound by the latest version of the Terms, regardless of if you began to use the Services prior to publication of such updated Terms.
c. Personal Information. We refer to any information that can be used to identify a specific individual as “Personal Information.” Such information may include a user’s legal name, postal address, e-mail address, telephone number, username, password, and personal identification number (PIN). This does not include information that has been made anonymous and can no longer be connected to the specific individual, nor does it include aggregated information.
d. Uses of Information. NALA uses personal information to: (i) provide our Services to users; (ii) reply to inquiries; (iii) verify user identity and account information; (iv) improve our content and product development; (v) process billing; (vi) identify, prevent, and report potentially prohibited, fraudulent, or illegal activities; (vii) provide notices to users; (viii) to analyze user statistics; and (ix) provide custom services and offers to our users.
e. Cookies, Web Beacons, and IP Addresses. NALA collects information through the use of various technologies, including "cookies". A cookie is an alphanumeric identifier that the Site can transfer to a user’s hard drive through that user’s browser. The cookie is then stored on the user’s computer as an anonymous tag that identifies the user’s computer, but not the user. Cookies may be sent by NALA. Additionally, NALA may collect information from user visits to the Site in order to provide better customer service. Examples of such collecting include: traffic analysis, such as tracking of the domains from which users visit, or tracking numbers of visitors; measuring visitor activity on the Site; Site and system administration; user analysis; and business decision making.
f. Your Mobile Money PIN. NALA does not store your Mobile Money PIN in the application or on NALA’s servers. The user creates a NALA PIN. This is not necessarily the same as the mobile money PIN, but NALA cannot prevent users from creating the same PIN. The NALA PIN is not stored by NALA and cannot be read by NALA. It is compared to a cryptographically secure altered version of the PIN, in accordance with industry-wide security standards.
g. Security. NALA intends to protect end user personal information and to maintain its quality. To achieve information security and quality, NALA implements appropriate measures and processes, such as using encryption when transmitting certain sensitive information.
We may disclose your personal information to any member of our group, which means our subsidiaries, affiliates, our holding company and its subsidiaries.
We may disclose your personal information to third parties:
in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
if NALA or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets;
if we are under a duty to disclose or share your personal data in order to comply with any legal or regulatory obligation or request; and/or
in order to: enforce our Terms and Conditions and other agreements or to investigate potential breaches; report defaulters to any credit bureau; or for the purpose of publishing statistics relating to the use of the App, in which case all information will be aggregated and made anonymous.