LULA BANK MOBILE APPLICATION TERMS AND CONDITIONS
1. Introduction
- This is a contract between you and Lula Lend (Pty) Limited (“Lula”) powered by Access Bank South Africa Limited (“the Bank”) which governs your use of the Services and Related Services using this Lula Mobile App. Lula does not have its own banking license and accordingly the Lula business bank account is held under the license of the Bank.
- These Terms and Conditions include a license which Lula and the Bank grants to you to use the Lula Mobile App. You may not use this Lula Mobile App unless you agree to abide by these Terms and Conditions. It is accordingly important that you read and understand these terms and any other terms and conditions referred to herein. If you do not agree to these Terms and Conditions, you cannot utilise the Lula Mobile App. By downloading, installing, or using the App, you agree to be bound by these Terms.
- Lula reserves the right to modify these Terms and Conditions at any time. You will be notified and any amendments and your continued use of the Lula Mobile App following any such changes indicates your acceptance of the new / amended Terms and Conditions.
2. Definitions
- “Lula Mobile App” refers to the mobile banking application provided by Lula powered by the Bank.
- “User” or “you” refers to any person who downloads, installs, or uses the App.
- “Lula business bank account” means your business bank account with Lula powered by the Bank.
3. Eligibility
- To use the Lula Mobile App, you must be at least 18 years old and a registered account holder with Lula.
- The license terms that appear below apply to your use of the Lula Mobile App and do not apply to the bank account held with Lula. Please refer to the specific account terms and conditions, which continue to have application to your use of the Lula business bank account on the Lula Mobile App.
4. Registration and Account Security
- You must register for the Lula Mobile App using your account details. Once registered, you will have a username and password with which you will be able to access the Lula Mobile App. In order to successfully register for the Lula Mobile App, you will be required to submit personal information. You need to ensure this personal information is accurate, current and complete. Lula may take steps to verify your personal information, particularly with reference to other information which Lula holds about you.
- You agree to provide accurate and complete information during registration and to update such information as necessary.
- You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. Lula and / or the Bank shall have no liability or obligations in this regard.
- Lula shall be entitled to limit, suspend or terminate your use of the Lula Mobile App if your information is inaccurate or incomplete or in the event of your login details being compromised.
5. Mobile Application
- Lula currently only supports the Lula Mobile App that is downloaded using the iStore or Android store. Any download or use of the Lula Mobile App from any other third party or source is not supported by Lula and is used solely at your own risk.
6. Mobile Application License
- You acknowledge and agree that Lula owns (or has the required license to) all Intellectual Property rights in the Lula Mobile App.
- Lula grants you a limited, non-exclusive, non-transferable and revocable license to use the Lula Mobile App.
- Your use is in terms of this limited license and accordingly you agree that you will not, nor will you allow any third party without limitation, to:
- rent, run, lease or sell access to the Lula Mobile App;
- copy, store, reproduce, rearrange, modify, upload, create derivative works from, publish or distribute any Lula Intellectual Property without limitation;
- reverse engineer or attempt to access the source code of the software underlying the Lula Mobile App;
- utilise the Lula Mobile App to build a similar product, using similar functionalities, features or interface to that of the Lula Mobile App;
- utilise the Lula Mobile App for any purpose other than as set out herein;
- utilise the Lula Mobile App in a manner which will cause any disruption or interference of any nature whatsoever of the services for other users.
7. Services Provided
- The Lula Mobile App provides various banking services including, but not limited to, balance inquiries, fund transfers, bill payments, and transaction history viewing.
- We may add, remove, modify or discontinue any feature or services in the Lula Mobile App at our discretion without prior notice to you. Lula will however endeavour to notify you of any changes.
8. User Responsibilities
- You agree to use the Lula Mobile App only for lawful purposes and in accordance with these Terms and you agree to comply with all applicable laws, rules and regulations and adhere to generally acceptable internet and email use and decorum. In this regard, your specifically agree not to:
- impersonate or misrepresent any person or information or attempt to do so in any manner whatsoever;
- submit or collect personal information of another without that person’s express and informed consent;
- attempt to gain unauthorized access to the Lula Mobile App through hacking, password mining or any other manner;
- use the Lula Mobile App to disseminate anything which is defamatory, discriminatory, offensive, harmful or encourages hate or harm or which violates any persons rights;
- use the Lula Mobile App in a manner which could damage, limit, overburden or disable the services rendered or others users use of the services of the Lula Mobile App;
- introduce viruses or any other destructive features into the Lula Mobile App, whether intentional or not;
- use the Lula Mobile App for financial crimes such as fraud, money laundering, fishing or any other crimes or unlawful conduct;
- The conduct listed above should not be seen as an exhaustive list and you shall at all times comply with all laws, rules and regulations when making use of the Lula Mobile App. In the event of you engaging in any such conduct, Lula shall be entitled, without notice to you, to suspend or terminate your use of the Lula Mobile App and recover any costs incurred by Lula as a result of your conduct. In addition, Lula shall be entitled to disclose your personal information to the authorities in order to report your conduct.
9. Fees and Charges
- Your use of the Lula Mobile App may be subject to standard banking fees and charges as per Lula’s schedule of fees in relation to the Lula business bank account, as amended from time to time.
- Any additional charges incurred for data usage or internet access while using the Lula Mobile App are your responsibility.
10. Privacy and Data Protection
- Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your information.
- Lula shall process your personal information in accordance with the above Privacy Policy. By making use of the Lula Mobile App, you agree that Lula can process your personal information in accordance with this Privacy Policy.
- By using the Lula Mobile App, you consent to us collecting your Personal Information from you and where lawful and reasonable, from public sources or third parties for credit, fraud and compliance purposes. You consent to us Processing your Personal Information in order to provide products and services to you in terms of this agreement and any other products and services for which you may apply.
- We will treat your personal information confidentially and will not disclose it unless:
- We are legally compelled to do so;
- It is in the public interest to disclose your personal information;
- Our interests require disclosure; or
- You have given your consent.
- Any queries can be directed to: support@lula.co.za
11. Security
- Whilst Lula will implement reasonable and appropriate security measures to protect your information, we cannot guarantee the absolute security of your data transmitted through the Lula Mobile App, and to this extent you agree that:
- you are responsible for ensuring that your personal information is accurate, current and complete;
- you will notify us immediately of any unauthorized use of your account, any other breach of security or it you believe your account has been compromised in any way whatsoever.
- If any security violations are suspected on your account, we reserve the right to suspend access to your account pending an investigation which you acknowledge is for your own protection.
12. Limitation of Liability
- To the maximum extent permitted by law, Lula shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Lula Mobile App.
13. Indemnification
- You agree to indemnify and hold harmless Lula, the Bank and its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of or in connection with your use of the Lula Mobile App or your violation of these Terms.
14. Termination
- We may terminate or suspend your access to the Lula Mobile App at any time, without prior notice, if you violate these Terms as set out herein, if required by law or for any other reason at our discretion.
- You may terminate your use of the Lula Mobile App at any time by deleting your account and stopping to use the app.
- In the event of termination, whether by Lula or you, you will no longer make use or have access to the Lula Mobile App in any way.
15. Governing Law
- These Terms are governed by and construed in accordance with the laws of South Africa.
16. Dispute Resolution
- Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.
17. Contact Information
- If you have any questions about these Terms, please contact us at 087 250 0014 or support@lula.co.za
18. Electronic Communication
- Any communication to be made between the Customer and Lula in connection with these Terms may be made by electronic mail or other electronic means, if the Customer and Lula notify each other in writing of their electronic mail address and/or any other information required to enable the sending and receipt of information by that means.
Customer Complaints
If you have any questions or complaints about your Account, please contact our Customer Care Centre:
Tel: 087 250 0014
Email: support@lula.co.za
Website: lula.co.za
If we do not solve your problem or you are not happy with the way that your problem was solved, please contact the Ombudsman for Banking Services:
Banking Ombudsman
1st Floor, Houghton Place 51 West Street, Houghton Johannesburg, 2198.
P.O. Box 87056 Houghton 2041
Tel: (011) 712 1800
Fax: (011) 483 3212
Share Call: 0860 800 900;
Email: info@obssa.co.za