Terms and Conditions of Use
Hence, we recommend that you spend time reading these Terms and the Policy and let us know at email@example.com if you have any questions regarding the same. We will try our best to answer your queries.
This Agreement is a computer-generated electronic record published in terms of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011 read with Information Technology Act, 2000 and does not require any physical or digital signatures.
Since you downloaded and installed our mobile application (the “App”) from the Google Playstore (“App Store”), you will also be subject to its terms of service (“App Store’s Terms of Service”). If there is any conflict between the App Store’s Terms of Service and this Agreement with respect to your use of the App, then, this Agreement will prevail.
DEFINITIONS AND INTERPRETATION
- Capitalized terms, not defined elsewhere in this Agreement, shall mean as follows:
- App Store means the service provided by Google Ireland Limited, a third-party Person, located at 1600 Amphitheatre Parkway, Mountain View, California 94043, USA, and/or its affiliates, which you may use in order to download the App.
- Lender of Record means any non-banking financial company(s) or bank/non-bank partner(s) of Tala that sanctions Loans to our users.
- Loan shall mean the extension of credit by Tala and the Lender of Record subject to terms and conditions of a loan agreement.
- Person shall mean any natural person, company, corporation, partnership, proprietorship, trust, union, association, government or any agency thereof or any other entity that may be treated as a person under applicable law.
2. By clicking “Allow Access” or by accessing, downloading, installing or using this App, you expressly agree and consent to be bound by this Agreement.
3. You must be 18 years of age or above to accept this Agreement.
4. You understand that if you do not agree with the terms of this Agreement, you must immediately discontinue the use of and cease to access this App and any other services provided by us.
5. This Agreement shall govern the relationship of each user with Tala. However, Tala may also execute separate written agreements such as a loan agreement with its users. In case of conflict between terms of such separate written agreement and this Agreement, the terms of the separate written agreement shall prevail.
PROVISION OF THE APP
6. The App allows you to apply for a Loan subject to fulfilment of terms and conditions laid down in the App. You agree and understand that your Loan is going to be sanctioned by the Lender of Record and governed by the loan agreement executed with it.
7. Tala or the Lender of Record reserve the right to reject any of your Loan applications even if you have previously been issued a Loan by our App.
8. We may stop provision of the App (or any part of the App), permanently or temporarily, to you or to users generally or may modify or change the nature of the App and/or this Agreement at our sole discretion, without any prior notice to you. Your use of the App following any such modification constitutes your deemed acceptance to be bound by the Agreement (or as it may be modified).
9. You agree that you are responsible for all data charges you incur through use of the App.
YOUR AGREEMENT WITH TALA
10. Nothing in this Agreement should be construed to confer any rights to any third-party Person. You are liable for your content, conduct and activities while using the App, and for any consequences thereof.
11. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.
12. We may choose to not act with respect to a breach of this Agreement by you or others but this does not mean that we cannot act with respect to subsequent or similar breaches. Our intended or unintended failure to exercise or enforce any provision of this Agreement shall not constitute a waiver of such right or provision.
USING THE APP
13. You are responsible for downloading and updating the relevant latest versions of the App and any relevant updates provided by us to avail continued access to the App.
14. You will use the App only for such purposes as is permitted by this Agreement or applicable law.
15. For your use of the App, Tala grants you a limited, non-exclusive, non-transferable right to install and use the App on your android device. However, you shall not copy the App or any of its components.
16. Tala relies on the information you provide in the App for Know-Your-Customer (“KYC”) purposes and such other information required to evaluate an application for a Loan. You agree to provide true, accurate, current and complete information about yourself as prompted by the App.
17. If you provide any information that is untrue, inaccurate, not updated or incomplete (or becomes untrue, inaccurate, not updated or incomplete), or Tala has reasonable grounds to suspect that such information is untrue, inaccurate, not updated or incomplete, Tala has the right to suspend or terminate any and all current or future use by you of the App (or any portion thereof) or the Loan application in connection thereto.
RESTRICTIONS ON YOUR USE
18. You will not access (or attempt to access) the App and/or the content provided through the App by any means other than through the App, unless you have been specifically allowed to do so in a separate written agreement with Tala.
19. You will not redistribute, sublicense, rent, publish, sell, assign, lease, market, transfer, or otherwise make the App or any component or content thereof, available to third parties.
20. You will not circumvent or disable any digital rights management, usage rules, or other security features of App; remove, alter, or obscure any proprietary technology on any portion of the App; and not use the App in a manner that threatens the integrity, performance, or availability of the App.
21. You will not use the App and its services to acquire Loans for the purposes of forward-lending the amounts loaned to you. You will not use the App to grant loans or forward services to any third party.
22. You will not engage or attempt to engage in any activity that may:
- reverse engineer, decompile or otherwise extract the source code related to the App or any part thereof, unless it is expressly permitted by Tala to you in writing or is required by the applicable law;
- use any robot, spider, retrieval application, or other device to retrieve or index any portion of the App or content thereof;
- collect information about Tala’s users for any illegal or unlawful purpose;
- create any user account(s) by automated means or under false or fraudulent pretenses for using the App;
- transmit any viruses, worms, defects, trojan horses, or any items of a destructive nature through the App;
- use the App in any manner that could damage, disable, overburden, or impair, or undertake any action which is harmful or potentially harmful to, any of the servers, networks, computer systems or resources connected to any of the servers connected, directly or indirectly to the App;
- carry out any denial of service or any other harmful attacks on the App or; disrupt or place unreasonable burdens or excessive loads on, or interfere with or attempt to make, or attempt any unauthorized access to the App or any part of the App or any user of the App;
- obtain any materials or information through any means not intentionally made available, in the opinion of Tala, through the App.
23. We may terminate your access to the App if:
- We are required to do so by law (for example, where the access to and/or provision of the App to you becomes, unlawful); or
- The provision of App to you, is no longer commercially viable or feasible for us; or
- We otherwise reasonably believe you have misused the App or any of its services or for any other reason in our sole discretion; or
- You breach this Agreement.
24. We may terminate this Agreement at any time, with or without notice and may disable your access to the App and/or bar you from any future use of the App.
25. You may terminate this Agreement at any time by terminating your access to the App. However, your certain obligations under this Agreement shall continue to prevail even on such termination.
26. Upon termination of this Agreement, all of the legal rights, obligations and liabilities that you and Tala have benefited from, been subject to (or which have accrued over time whilst the Agreement has been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and shall continue to apply to such rights, obligations and liabilities indefinitely.
27. Your use of the App is, and at all times will be, governed by and subject to the laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You will be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by your use of the App through your device.
28. Tala owns and retains all the intellectual property rights to the content made available to you through the App by Tala but does not claim ownership rights to the original sources of information, which are instead held by the sites to which the App may link you.
29. All trademarks, brands and service marks of the App are the property of Tala only. Tala owns all of the copyrights and database in relation to the App.
30. Any intellectual property which is not specifically mentioned to be owned by Tala is owned by their respective owners. The owners have a right to take appropriate action(s) against you for violation relating to their intellectual property.
31. Our Policy sets out the details of the nature of information we collect and how we use, share or otherwise process such information. By using the App, you agree that we can use such information according to the Policy.
LIMITATION OF LIABILITY AND INDEMNIFICATION
32. Your use of the App, or any content available thereof is entirely at your own option and risk and we shall be held harmless and not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, monetary or any other damages, fees, fines, penalties or liabilities whatsoever arising out of or relating to your use of the App or any content thereof.
33. You shall defend, indemnify and hold Tala, and its officers, directors, employees, representatives and agents harmless from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fee that may result from or alleged to result from your breach of any rules, regulations and/or orders under any applicable law.
34. You are responsible for any breach of your obligations under the Agreement and/or for the consequences of any such breach.
35. We shall make our best efforts to make the App available to you in the best possible manner. However, we disclaim all warranties in relation to the App, whether express or implied, including but not limited to:
- the App being constantly available without disruptions, delay or errors;
- your personal ability to use the App and its compatibility with all devices and all networks;
- that the App and the contents thereof are accessible in every location; or
- that the App and the contents would be perpetually secure and not prone to breaches of security anywhere in the world.
36. Tala, its officers, directors, employees, affiliates, agents and any other service provider responsible for providing access to the App in connection with this Agreement will not be liable for any acts or omissions, including of a third party Person, and including those vendors participating in Tala’s offerings made to you, or for any unauthorized interception of data or breaches of this Agreement attributable in part to the acts or omissions of third parties Persons, or for damages associated with Tala, or equipment that it does not furnish, or for damages that result from the operation systems, equipment, facilities or services provided by third parties Persons that are interconnected with Tala.
37. We are not liable for any losses that may occur as a result of the acts or omissions of the Lender of Record.
GOVERNING LAW AND DISPUTE RESOLUTION
38. You are responsible for compliance with the laws applicable to you wherever you access the App. This Agreement shall be governed by and shall be construed in accordance with the laws of India. All disputes relating to this Agreement shall be settled in the courts located at Bengaluru, India.
39. Tala may post notices within the App or send you notices on the e-mail address or the telephone number that you may have shared with us. You will be deemed to have received such notices within 3 (three) days of us sending the notice. Your continued use of the App on expiry of such 3 (three) days shall constitute your receipt and acceptance of the notices sent to you.
EFFECTIVE DATE: November 1, 2020