INDEMNITY AND EXCLUSION OF LIABILITY.
Terms used in this agreement shall have the following meanings: “Business Day” means a day other than a Saturday, Sunday or national or public holiday in Kenya; “Credentials” means your personal credentials used to access the Tala App and operate your Account; “Credit Advance” means a loan provided by Tala; "Credit Bureau" means a Credit Reference Bureau duly licensed under Banking Act pursuant to Banking (Credit Reference Bureau) Regulations, 2013, as amended, revised or promulgated from time to time, to inter alia, collect and facilitate the sharing of customer credit information; “Data Protection Law” means the relevant national law regulating the processing of personal information; “E-Money” means the electronic monetary value depicted in your Account representing an equal amount of cash; “Equipment” includes your mobile phone handset, SIM Card and/or other equipment which when used together enables you to access the Network; “Event of Default” has the meaning given in Section 12; “Force Majeure” means events, circumstances or causes beyond a reasonable control making performance of the obligations inadvisable, commercially impracticable, illegal, or impossible, including but not limited to acts of God, war, acts of terrorism, strikes or labor disputes, embargoes or governmental orders; “Encumbrance” includes any mortgage or charge (whether legal or equitable), lien, option, security interest, restrictive covenant, pledge, assignment, title retention, trust arrangement or other restriction of any kind or other encumbrance securing or any right conferring a priority of payment in respect of any obligation of any person; “License Restrictions” means actions listed in Section 3 which constitute a breach of this Agreement; “Loan” means the principal amount of the loan granted or to be granted by Tala to you under this Agreement from time to time through the Tala System and/or App or (as the context requires) the principal amount outstanding, including any accrued fees and/or charges for the time being of that Credit Advance; “Mobile Money Account” means your mobile money store of value, being the record maintained by Mobile Money Providers in Kenya of the amount of E-Money from time to time held by you in the Mobile Money Provider's System; “Mobile Money” means the money transfer and payments service operated by the Mobile Money Providers in Kenya; “Mobile Money Service” means the money transfer and payments service provided by the Mobile Money Providers through the Mobile Money System; “Mobile Money System” means the system operated by the Mobile Money Providers in Kenya for the provision of the Mobile Money Service; “Mobile Network Operator” or “Mobile Money Provider” means a mobile network operator registered with the Communications Authority of Kenya; “Network” means a mobile cellular network operated by a Mobile Network Operator; “Personal Information” means your phone number, name, date of birth, identification number or passport number and such other information that will enable Us to identify you and comply with the regulatory "Know Your Customer" requirements; “Privacy Policy” means the Tala privacy policy that sets out the basis on which any personal data we collect from you, or that you provide to us, will be stored and processed by us; “Relevant Information” means information including, but not limited to, data relating to your phone (including, without limitation, your phone's history) from your Equipment, from any SMS sent to you by the Mobile Money Providers and any financial services providers relating to your use of the Mobile Money Service and such other information as We shall require for purposes of providing the Services; “Request” means a request or instruction received by Tala from you, your Equipment ,or purportedly from you through the Network, mobile phone and the System and upon which Tala is authorized to act; “Rollover Fee” means the late fees applicable to you if you fail to make any payments due to Us at the due date for such payment.