NALA Terms of Service for Tanzanian Business

March 2023
Terms & Conditions
We advise you to carefully read these Terms and Conditions prior to using NALA For Business
Definitions
“Consent” means any freely given, specific, informed and unambiguous indication of the User’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her;

“Data Processor” means NALA or any other body which processes personal data on behalf of the controller ;

“NALA For Business” means the specific offering from NALA that allows business and other selected legal entities to access various Services on the NALA platform;

“Personal Data” means personal information about a person that has been collected in any way, including

(a) personal information about a person's race, national or ethnic origin, religion, age or marital status;
(b) personal information about a person's education, health history, criminal record, job or financial status;
(c) any identification number, symbol or other specific identification feature that identifies a person;
(d) the address, finger prints or blood group of a person;
(e) the name of a person that appears in personal information about another person and in which the identification of that name confirms the personal information of that person;
(f) information provided by the personal information collector and the person knows that the information is personal or secret, and the answers to that information can reveal the original information and the views or opinions of any other person about the subject of the information.

“Services” includes, but is not limited to the ability to transfer funds within our various jurisdictions of operation; and

“User” means any person authorised to access the NALA For Business platforms, including any representatives whom they may assign authority to access their account on the user’s behalf.

By using NALA for Business, the User agrees to the following:
  1. The Nala For Business product in Tanzania is managed by Nala Incorporation CompanyLimited, hereafter referred to as “NALA”, “we”, or “us”. NALA has been licensed and approvedby the Bank of Tanzania to provide Payment Systems in the United Republic of Tanzania.
  2. The website offers a variety of services and products related to Payment Services and othervalue-added Services as may be included or updated on the website from time to time (“TheServices”).
  3. The Services listed on NALA For Business may be provided by NALA and/or other variousapproved third-party providers and distributors.
  4. The use of NALA For Business is subject to the T&C’s stipulated. The T&C’s constitutes anagreement between NALA and the user of NALA For Business.
  5. The User is requested to read the T&C’s as they determine his/her rights and obligations. The use of the web pages linked to NALA For Business constitute a definite and irrevocable acceptance on the part of the user to all the T&C’s. The User and/or anyone on their behalf shall not have any claim and/or demand, whether direct or indirect, against NALA and/or their parent entity, and/or anyone acting on their behalf, except as provided herein.
  6. NALA reserves the right to alter, at any time and at their sole discretion, the T&C’s, the scope, and availability of the services at Nala For Business and any other aspect connected and/or related to NALA For Business. Such alteration shall take effect from the time of its inclusion in NALA For Business. A user who does not agree with any part of the T&C must not use NALA For Business.
  7. The user shall be responsible for regularly reviewing the information provided to obtain timely notice of any changes to the T&Cs and continued use of the application constitutes acceptance of the terms and conditions.
  8. NALA Incorporation Company Limited is a subsidiary of NALA Inc, and is the contracting party with which the user enters into agreement with.
  9. The user confirms and agrees that the personal details submitted on the website, including the details of their purchase(s), shall be retained by NALA for at least one (1) year in their database for audit and related use. NALA shall not provide this information to any third party without the user’s consent, except to their service providers and only for completing the transaction.
  10. The user declares that the personal details provided to NALA are accurate and truthful and does not in any way violate any laws and /or rights of third parties.
  11. The user confirms and agrees that they shall be solely responsible for updating personaldetails submitted on the website.
  12. The user confirms and agrees that they shall be responsible for maintaining confidentiality of
    the information submitted on the website.
  13. – (a) NALA has put in the required resources and takes measures to prevent malicious actors from accessing NALA For Business and infringing upon the privacy of the NALA For Business users. However, it is impossible to totally prevent others from entering the website and obtaining the information contained within, without NALA’s knowledge and authorization. Therefore, the user hereby declares that they shall not have any claims and/or demands, whatever sort, against NALA and/or anyone acting on their behalf, arising from such unauthorised use of the information, if a data breach shall regretfully occur.

    (b) NALA is a Data Processor as defined in the GDPR, and protects the user data by means of technical and organisational security measures against accidental manipulation, loss, destruction, or access by unauthorised or unwarranted persons. Our security measures, such as data encryption, are regularly enhanced in accordance with technological development. Except for the limited rights to use the services, the user does not acquire any interest in the services or data obtained by NALA including customers’ personal data, and all aggregate data which may include user data and data received from others. Without limitation, as between
    NALA and the user, NALA owns, and shall continue to own, all intellectual property and other proprietary rights in and to all portions of the services and the data. The user hereby grants NALA the limited right to use the this data to perform the services as well as provide value-added Services offerings as may be required from time to time and further authorises NALA to place such data in a database controlled by NALA where it may be combined with the data of others to form aggregate data for analysis and the performance of services for the user and, with regard to such aggregate data, perform services for others. In providing services for others NALA agrees not to disclose that said aggregate data containing personal information unless consent for such disclosure is agreed to by the user.
  14. NALA For Business, and such related trademarks and intellectual properties contained within this website are the property of NALA and/or of other third parties that place content onNALA’s website. The user must not alter and/ or cause to alter the content contained within the NALA For Business platform. Furthermore, the user must not copy and/or commercialise, in any way, directly and/or indirectly, data and/or information, and/or any other element contained, and/or is a part of NALA For Business.
  15. Nothing contained on NALA For Business should be construed as granting or conveying any licence and/or any right to use any of the propriety rights displayed on NALA For Business, nor any waiver of any kind, of those rights by their authors.
  16. The use of any trademarks and/or other propriety rights, contained in NALA For Business, on any other website and/or in any other environment is strictly prohibited. The user must not post and/or transmit any unlawful, and/ or immoral material, and/or any other material that could constitute and/or encourage conduct that would be considered a criminal offence, and/or give rise to civil liability and/or otherwise in violation of any law.
  17. Illegal and/or unwarranted use of NALA For Business and/or of the information contained in NALA For Business shall constitute a breach of these terms and conditions, ownership of intellectual properties, and a violation of propriety laws. The user hereby declares that he/she knows that NALA For Business and all the information and/or data contained within, as well as the form and design of NALA For Business, are the exclusive property of NALA, and in the case of third parties’ advertisements or contents, the property of those other third parties.
  18. NALA and any third party whose contents are on the NALA For Business website make no warranty whatsoever in regard to NALA For Business and the Services and products advertised in NALA For Business, all of which are provided on an “as is” basis. NALA and any third-party providers and/or distributors, do not warrant the accuracy and/or completeness and/or reliability of any of the content and/or information and/or data contained on NALA ForBusiness, and expressly disclaim, to the maximum extent permitted by the applicable law, all warranties and conditions, including implied warranties and conditions of merchant and sub-merchant ability and/or fitness for a particular purpose, and non-infringement, and those arising by statute and/or otherwise in law and/or from a course of dealing and/or custom usage of trades.
  19. This website is copyright protected by the laws of Tanzania and by relevant InternationalTreaties. No part of this website may be saved or stored, reproduced, used or transmitted in any form or by any electronic or mechanical means, including, but not limited to storage thereof by e-mail or any other means, and the use thereof on any other website and/or any other media form, without the written and express permission of NALA.
  20. The liability of NALA is limited by the terms of contract as well as by international conventions and applicable local laws. Before making any transaction through NALA For Business, it is recommended that the user reads and accepts the terms set forth in this Agreement.
  21. If the Services requested by the user are not Services that are provided by NALA, NALA shall be considered only as an intermediary between the user and the service provider and therefore NALA shall not be liable, directly and/or indirectly, to any damage and/or loss, of whatever sort or kind, suffered due to the faulty and/or improper performance of thoseServices and the liability, in this regard, shall be borne by the service providers who shall acknowledge full responsibility on service matters, according to prevailing terms of service.
  22. NALA and/or anyone acting on their behalf do not warrant that the website is free from viruses and/or other malicious components that may damage the user’s computer and/or other equipment and therefore shall not be responsible, under any circumstances, and/or liable for any damages, of whatever sort or kind, caused by such viruses and/or other components.
  23. In no event, shall NALA and/or any third-party provider be liable for any injury and/or loss, and/or claim and/or damage, and/or any special and/or exemplary and/or punitive and/or indirect and/or incidental and/or consequential damage of any kind (including, but not limited, to lost profits and/or lost savings and/or revenues), whether based in contract, tort, strict liability, or otherwise, which arises out, or in any way connected with, any use of NALA ForBusiness and/or any failure and/or delay (including, but not limited to, the use, or inability of use, of any component of NALA For Business), the performance and/or non-performance by NALA and/or any third-party provider and/or distributor, even if NALA and/or any such third party has been advised of the possibility of such damages.
  24. The user shall indemnify and hold harmless at all times NALA and each/or anyone acting on their behalf and/or any third-party provider and distributor and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that NALA may be liable to due to the usage of NALA For Business by the user.
  25. NALA has sole discretion to cease at any time the activity of NALA For Business and/or cancel the Services offered in it.
  26. NALA may terminate the Services accessible by the user, without any prior notice. NALA may refuse access or cease access to NALA For Business or to any part of it, to any user and at any phase, at their sole discretion and without any prior notice, to whatever extent permissible under local consumer protection laws and other applicable laws.
  27. All pictures and images displayed on NALA For Business are for demonstration purposes only and do not, in any form, constitute any obligation of whatever sort on NALA’s part.
  28. The user shall indemnify and hold harmless at all times NALA and each/or anyone acting on their behalf and/or any third-party provider and distributor and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that NALA may be liable to due to the usage of NALA For Business by the user.
  29. Information displayed on NALA For Business that is given to NALA by third parties is under the sole responsibility of those parties, and NALA shall not be responsible and/or liable to any mistakes and/or misrepresentation, of whatever sort regarding such information.
  30. The user may use NALA For Business to only undertake legitimate transactions within the scope of Services and must not use NALA For Business for any other purposes, including without limitation, to make any false, or fraudulent transactions.
  31. Whenever and wherever applicable, any transaction through NALA For Business can be paid only by the forms of payment represented in NALA For Business. Any pre approved person who owns a valid form of payment may procure Services through NALA. The above clause notwithstanding , a condition precedent for the execution of any transaction through NALA For Business shall be the receipt of the approval of the user’s valid form of payment.
  32. NALA For Business’s website is intended for the provision of information on different Services and products and for the receipt of information in regard to such Services and products. No other use is permitted, unless a specific separate contract expressly dictates any additional use of NALA For Business.
  33. If a user represents that they are of a sufficient legal age (18 years and over) to use NALA ForBusiness and to create binding legal obligations for any liability that they may incur as a result of the use of NALA For Business, such user shall be financially responsible for all users of NALA For Business and those using their login information whether such access is permitted or not.
  34. The user can either call at stipulated contact details or enter onto the platform their required transaction’s details, the form of payment details, and any other details requested. The user shall be solely responsible for all errors while entering the different requested details, including, but not limited to, errors in choosing the service details and/or services that the user wishes to undertake.
  35. NALA and/or third-party providers and/or affiliates shall not be responsible and/or liable, directly and/or indirectly, if the actions and/or some of the transaction’s details shall not be accepted by the system, for whatever reason and/or cause.
  36. NALA shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the services on NALA For Business.
  37. NALA shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the services on NALA For Business.
  38. NALA and/or third-party providers and/or distributors are under no obligation to accept the user’s transaction and/or to give it priority over other transactions including those that were made later.
  39. NALA will disclose any fees and charges for providing the Services to you before you initiate a transaction. NALA's fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your transfer, your type of payment account, your location, and the location of your recipient.
  40. NALA may charge a flat fee per transaction based on the transaction volume, as well as a fixed markup on the foreign exchange rate for cross border payments. In addition to the fees and charges, NALA will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your recipient) applicable to your transfer before you send it.
  41. NALA's foreign exchange rates change day to day, and in some instances intraday depending on market conditions
  42. These T&C’s, together with those incorporated herein or referred to herein, constitute the entire agreement between NALA and the user, relating to the subject matter hereof, and supersedes any prior understandings and/or agreements (whether oral and/or written) regarding the subject matter, and may not be amended and/or modified except in writing or by making such amendments or modifications available on NALA For Business.
  43. The T&C’s shall be deemed severable in some instances. If any provision shall be determined to be unenforceable and/or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by the applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
  44. The laws of the Republic of Tanzania shall govern this agreement.
  45. Any and all dispute(s) and /or complaint(s) arising out of or in connection with the use of NALA for business shall be settled first by way of mediation between the parties .The aggrieved party shall issue a notice to mediate such dispute(s) and / or complaint(s) to the other party in writing.The notice shall be sent by way of electronic mail to the email address provided on the website.
  46. The parties shall through a mutually agreed licensed mediator employ reasonable efforts to resolve the dispute and / or complaint(s) in good faith within thirty (30) days from the date of receipt of mediation notice.
  47. This dispute resolution clause shall survive the termination of this agreement.
  48. If the mediation is unsuccessful the complaining party shall be at liberty to lodge the dispute with the courts.The Tanzanian courts shall have jurisdiction to determine the dispute and/or complaint and/or the claim regarding the use of NALA For Business within the Republic.
1. The NALA For Business product in Tanzania is managed by NALA Incorporation CompanyLimited, hereafter referred to as “NALA”, “we”, or “us”. NALA has been licensed and approved by the Bank of Tanzania to provide Payment Systems in the United Republic of Tanzania.

2. The website offers a variety of services and products related to Payment Services and other value-added Services as may be included or updated on the website from time to time (“TheServices”).

3. The Services listed on NALA For Business may be provided by NALA and/or other various approved third-party providers and distributors.

4. The use of NALA For Business is subject to the T&C’s stipulated. The T&C’s constitutes anagreement between NALA and the user of NALA For Business.

5. The User is requested to read the T&C’s as they determine his/her rights and obligations. The use of the web pages linked to NALA For Business constitute a definite and irrevocable acceptance on the part of the user to all the T&C’s. The User and/or anyone on their behalf shall not have any claim and/or demand, whether direct or indirect, against NALA and/or their parent entity, and/or anyone acting on their behalf, except as provided herein.

6. NALA reserves the right to alter, at any time and at their sole discretion, the T&C’s, the scope, and availability of the services at NALA For Business and any other aspect connected and/or related to NALA For Business. Such alteration shall take effect from the time of its inclusion in NALA For Business. A user who does not agree with any part of the T&C must not use NALA For Business.

7. The user shall be responsible for regularly reviewing the information provided to obtain timely notice of any changes to the T&Cs and continued use of the application constitutes acceptance of the terms and conditions.

8. NALA Incorporation Company Limited is a subsidiary of NALA Inc, and is the contracting party with which the user enters into agreement with.
Data, Information, Security, and Privacy
9. The user confirms and agrees that the personal details submitted on the website, including the details of their purchase(s), shall be retained by NALA for at least one (1) year in their database for audit and related use. NALA shall not provide this information to any third party without the user’s consent, except to their service providers and only for completing the transaction.

10. The user declares that the personal details provided to NALA are accurate and truthful and does not in any way violate any laws and /or rights of third parties.

11. The user confirms and agrees that they shall be solely responsible for updating personal details submitted on the website.

12. The user confirms and agrees that they shall be responsible for maintaining confidentiality of
the information submitted on the website.

13. – (a) NALA has put in the required resources and takes measures to prevent malicious actors from accessing NALA For Business and infringing upon the privacy of the NALA For Business users. However, it is impossible to totally prevent others from entering the website and obtaining the information contained within, without NALA’s knowledge and authorization. Therefore, the user hereby declares that they shall not have any claims and/or demands, whatever sort, against NALA and/or anyone acting on their behalf, arising from such unauthorised use of the information, if a data breach shall regretfully occur.

(b) NALA is a Data Processor as defined in the GDPR, and protects the user data by means of technical and organisational security measures against accidental manipulation, loss, destruction, or access by unauthorised or unwarranted persons. Our security measures, such as data encryption, are regularly enhanced in accordance with technological development. Except for the limited rights to use the services, the user does not acquire any interest in the services or data obtained by NALA including customers’ personal data, and all aggregate data which may include user data and data received from others. Without limitation, as between NALA and the user, NALA owns, and shall continue to own, all intellectual property and other proprietary rights in and to all portions of the services and the data. The user hereby grants NALA the limited right to use the this data to perform the services as well as provide value-added Services offerings as may be required from time to time and further authorises NALA to place such data in a database controlled by NALA where it may be combined with the data of others to form aggregate data for analysis and the performance of services for the user and, with regard to such aggregate data, perform services for others. In providing services for others NALA agrees not to disclose that said aggregate data containing personal information unless consent for such disclosure is agreed to by the user.
Ownership and Rights
14. NALA For Business, and such related trademarks and intellectual properties contained within this website are the property of NALA and/or of other third parties that place content onNALA’s website. The user must not alter and/ or cause to alter the content contained within the NALA For Business platform. Furthermore, the user must not copy and/or commercialise, in any way, directly and/or indirectly, data and/or information, and/or any other element contained, and/or is a part of NALA For Business.

15. Nothing contained on NALA For Business should be construed as granting or conveying any licence and/or any right to use any of the propriety rights displayed on NALA For Business, nor any waiver of any kind, of those rights by their authors.

16. The use of any trademarks and/or other propriety rights, contained in NALA For Business, on any other website and/or in any other environment is strictly prohibited. The user must not post and/or transmit any unlawful, and/ or immoral material, and/or any other material that could constitute and/or encourage conduct that would be considered a criminal offence, and/or give rise to civil liability and/or otherwise in violation of any law.

17. Illegal and/or unwarranted use of NALA For Business and/or of the information contained in NALA For Business shall constitute a breach of these terms and conditions, ownership of intellectual properties, and a violation of propriety laws. The user hereby declares that he/she knows that NALA For Business and all the information and/or data contained within, as well as the form and design of NALA For Business, are the exclusive property of NALA, and in the case of third parties’ advertisements or contents, the property of those other third parties.

18. NALA and any third party whose contents are on the NALA For Business website make no warranty whatsoever in regard to NALA For Business and the Services and products advertised in NALA For Business, all of which are provided on an “as is” basis. NALA and any third-party providers and/or distributors, do not warrant the accuracy and/or completeness and/or reliability of any of the content and/or information and/or data contained on NALA ForBusiness, and expressly disclaim, to the maximum extent permitted by the applicable law, all warranties and conditions, including implied warranties and conditions of merchant and sub-merchant ability and/or fitness for a particular purpose, and non-infringement, and those arising by statute and/or otherwise in law and/or from a course of dealing and/or custom usage of trades.
Copyright Clause
19. This website is copyright protected by the laws of Tanzania and by relevant InternationalTreaties. No part of this website may be saved or stored, reproduced, used or transmitted in any form or by any electronic or mechanical means, including, but not limited to storage thereof by e-mail or any other means, and the use thereof on any other website and/or any other media form, without the written and express permission of NALA.
Liability Clauses
20. The liability of NALA is limited by the terms of contract as well as by international conventions and applicable local laws. Before making any transaction through NALA For Business, it is recommended that the user reads and accepts the terms set forth in this Agreement.

21. If the Services requested by the user are not Services that are provided by NALA, NALA shall be considered only as an intermediary between the user and the service provider and therefore NALA shall not be liable, directly and/or indirectly, to any damage and/or loss, of whatever sort or kind, suffered due to the faulty and/or improper performance of thoseServices and the liability, in this regard, shall be borne by the service providers who shall acknowledge full responsibility on service matters, according to prevailing terms of service.

22. NALA and/or anyone acting on their behalf do not warrant that the website is free from viruses and/or other malicious components that may damage the user’s computer and/or other equipment and therefore shall not be responsible, under any circumstances, and/or liable for any damages, of whatever sort or kind, caused by such viruses and/or other components.

23. In no event, shall NALA and/or any third-party provider be liable for any injury and/or loss, and/or claim and/or damage, and/or any special and/or exemplary and/or punitive and/or indirect and/or incidental and/or consequential damage of any kind (including, but not limited, to lost profits and/or lost savings and/or revenues), whether based in contract, tort, strict liability, or otherwise, which arises out, or in any way connected with, any use of NALA ForBusiness and/or any failure and/or delay (including, but not limited to, the use, or inability of use, of any component of NALA For Business), the performance and/or non-performance by NALA and/or any third-party provider and/or distributor, even if NALA and/or any such third party has been advised of the possibility of such damages.

24. The user shall indemnify and hold harmless at all times NALA and each/or anyone acting on their behalf and/or any third-party provider and distributor and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that NALA may be liable to due to the usage of NALA For Business by the user.
Change, Modifications, and Cessation of the Website and Offered Services
25. NALA has sole discretion to cease at any time the activity of NALA For Business and/or cancel the Services offered in it.

26. NALA may terminate the Services accessible by the user, without any prior notice. NALA may refuse access or cease access to NALA For Business or to any part of it, to any user and at any phase, at their sole discretion and without any prior notice, to whatever extent permissible under local consumer protection laws and other applicable laws.

27. All pictures and images displayed on NALA For Business are for demonstration purposes only and do not, in any form, constitute any obligation of whatever sort on NALA’s part.

28. The user shall indemnify and hold harmless at all times NALA and each/or anyone acting on their behalf and/or any third-party provider and distributor and their officers, directors, employees, and agents, from and against any claims and/or demands including for all the expenditures and/or damages and/or legal costs that NALA may be liable to due to the usage of NALA For Business by the user.

29. Information displayed on NALA For Business that is given to NALA by third parties is under the sole responsibility of those parties, and NALA shall not be responsible and/or liable to any mistakes and/or misrepresentation, of whatever sort regarding such information.
Use of the NALA For Business Website
30. The user may use NALA For Business to only undertake legitimate transactions within the scope of Services and must not use NALA For Business for any other purposes, including without limitation, to make any false, or fraudulent transactions.

31. Whenever and wherever applicable, any transaction through NALA For Business can be paid only by the forms of payment represented in NALA For Business. Any pre approved person who owns a valid form of payment may procure Services through NALA. The above clause notwithstanding , a condition precedent for the execution of any transaction through NALA For Business shall be the receipt of the approval of the user’s valid form of payment.

32. NALA For Business’s website is intended for the provision of information on different Services and products and for the receipt of information in regard to such Services and products. No other use is permitted, unless a specific separate contract expressly dictates any additional use of NALA For Business.

33, If a user represents that they are of a sufficient legal age (18 years and over) to use NALA ForBusiness and to create binding legal obligations for any liability that they may incur as a result of the use of NALA For Business, such user shall be financially responsible for all users of NALA For Business and those using their login information whether such access is permitted or not.
Transaction Procedures
34. The user can either call at stipulated contact details or enter onto the platform their required transaction’s details, the form of payment details, and any other details requested. The user shall be solely responsible for all errors while entering the different requested details, including, but not limited to, errors in choosing the service details and/or services that the user wishes to undertake.

35. NALA and/or third-party providers and/or affiliates shall not be responsible and/or liable, directly and/or indirectly, if the actions and/or some of the transaction’s details shall not be accepted by the system, for whatever reason and/or cause.

36. NALA shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the services on NALA For Business.

37. NALA shall not be responsible for any technical and/or other problems that shall prevent the user from purchasing the services on NALA For Business.

38. NALA and/or third-party providers and/or distributors are under no obligation to accept the user’s transaction and/or to give it priority over other transactions including those that were made later.
Fees and Charges
39. NALA will disclose any fees and charges for providing the Services to you before you initiate a transaction. NALA's fees and charges may change from time to time, and may depend, among other factors, on the principal amount of your transfer, your type of payment account, your location, and the location of your recipient.

40. NALA may charge a flat fee per transaction based on the transaction volume, as well as a fixed markup on the foreign exchange rate for cross border payments. In addition to the fees and charges, NALA will also show you the foreign exchange rate (that is, the rate at which your funds will be converted into the currency to be paid to your recipient) applicable to your transfer before you send it.

41. NALA's foreign exchange rates change day to day, and in some instances intraday depending on market conditions
Severability
42. These T&C’s, together with those incorporated herein or referred to herein, constitute the entire agreement between NALA and the user, relating to the subject matter hereof, and supersedes any prior understandings and/or agreements (whether oral and/or written) regarding the subject matter, and may not be amended and/or modified except in writing or by making such amendments or modifications available on NALA For Business.

43. The T&C’s shall be deemed severable in some instances. If any provision shall be determined to be unenforceable and/or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by the applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Governing Law
44. The laws of the Republic of Tanzania shall govern this agreement.

45. Any and all dispute(s) and /or complaint(s) arising out of or in connection with the use of NALA for business shall be settled first by way of mediation between the parties .The aggrieved party shall issue a notice to mediate such dispute(s) and / or complaint(s) to the other party in writing.The notice shall be sent by way of electronic mail to the email address provided on the website.

46. The parties shall through a mutually agreed licensed mediator employ reasonable efforts to resolve the dispute and / or complaint(s) in good faith within thirty (30) days from the date of receipt of mediation notice.

47. This dispute resolution clause shall survive the termination of this agreement.

48. If the mediation is unsuccessful the complaining party shall be at liberty to lodge the dispute with the courts.The Tanzanian courts shall have jurisdiction to determine the dispute and/or complaint and/or the claim regarding the use of NALA For Business within the Republic.