TransUnion Kenya
Version 1.2
© 2022 TransUnion LLC
All Rights Reserved
No part of this publication may be reproduced or distributed in any form or by any means, electronic or otherwise, now known or hereafter developed, including, but not limited to, the Internet, without the express written permission of TransUnion. This document is protected by U.S. and International copyright laws. This document and the subject matter contained herein is TransUnion proprietary and confidential information, and may not be shared or used for any purposes other than the purpose for which it was provided by TransUnion, without the express written permission of TransUnion. By using this document, you are agreeing that you will not attempt, directly or indirectly, to reverse engineer, decompile, or disassemble any TransUnion services or service information, any confidential or proprietary criteria developed or used by TransUnion relating to services you receive from TransUnion, or any of the TransUnion confidential and proprietary information contained herein. The entire right, title and interest in and to this document and TransUnion services, and all copyrights, patents, trade secrets, trademarks, trade names, and all other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, or works of authorship including, but not limited to, all materials in written or other tangible form developed or created by TransUnion, shall at all times vest exclusively in TransUnion. You acknowledge that any misuse, misappropriation or threatened misappropriation of TransUnion’s intellectual property rights, or any breach or threatened breach of the preceding restrictions, may cause immediate and irreparable injury to TransUnion. In such event, TransUnion shall be entitled to seek injunctive relief. Nothing stated herein will be construed to limit any other remedies available to TransUnion, including, but not limited to, suspension and/or termination of the services provided to you.
Requests for permission to reproduce or distribute any part of, or all of, this publication should be mailed to:
Law Department
TransUnion
555 West Adams
Chicago, Illinois 60661
The “tu” logo, TransUnion, and other trademarks, service marks, and logos (the “Trademarks”) used in this publication are registered or unregistered Trademarks of TransUnion LLC or their respective owners. Trademarks may not be used for any purpose whatsoever without the express written permission of the Trademark owner.
Table of contents
Disclaimer of Warranties and Liability
Accuracy of Scores, Benchmarking and Use of Credit Tools
Copyright and Intellectual Property Rights
Acceptance of the Terms
The site, content and services are provided to you subject to your agreement to be bound by these terms and conditions of use. All references to “services” in these terms include services provided via this site and through the designated TransUnion consumer sales and service channels, including but not limited to the Call Centre and USSD channels. BY ACCESSING OR USING THIS SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND ARE DEEMED TO HAVE READ, UNDERSTOOD AND AGREED TO THE TERMS. IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE SITE OR THE SERVICES.
TransUnion reserves the right, in our sole discretion, to modify or update any of the terms and conditions at any and from time to time. Such modifications will supersede and replace any previous terms and conditions. Your continued use of this site and any services means you agree and accept these amended terms and conditions. If you do not agree to any modifications of these terms and conditions, you must immediately stop using this site and any services.
Privacy Policy
By accessing and using this site and any services, you consent to the collection, use and disclosure of your personal information in accordance with the Privacy Policy available at https://www.transunionafrica.com/legal/kenya/general-privacy.
Use of the Website®
By accessing the site, you warrant and represent to TransUnion you’re legally entitled to do so. By subscribing to any of the service(s), you warrant and represent to TransUnion you’re legally authorised to subscribe for such service(s) and have the requisite capacity to conclude legally binding transactions with TransUnion. You further warrant you will not use the website, service(s) or any information made available/sent to you by TransUnion pursuant to your use of the website for any purpose that is unlawful or prohibited under Kenyan or international law, or is in contravention of these terms and conditions.
Disclaimer of Warranties and Liability
Neither TransUnion nor its suppliers make warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website and the service/s and the website and service/s made available via the website are provided "as is". TransUnion does not make any warranty or representation that information and service(s) advertised on the website are appropriate for use in any jurisdiction.
Use of this site, the content and services are at your own risk. Neither TransUnion nor its suppliers make any representations, warranties or conditions about the quality, accuracy, reliability, completeness or timeliness of the site, the content or services. TransUnion and/or its suppliers do not assume any responsibility for any errors, omissions or inaccuracies in the site, content or services.
Neither TransUnion nor its directors shall be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential) and/or expense of any nature whatsoever that you or any third party may suffer as a result of, or which may be attributable (directly or indirectly) to your access and use of the website and/or any information contained on or received via the website, your use of the service(s) and/or your reliance on any information offered via the website and service(s).
Without limiting the generality of the preceding, neither TransUnion nor its directors shall be liable for any loss of business, data and/or profits; failure and/or unavailability of the website for any reason whatsoever; and/or the failure/delay by any third party service provider to render any service(s) which are necessary to ensure the availability of the website. You now indemnify TransUnion or its directors against any loss, liability, damage (whether direct, indirect or consequential) or expense of any nature whatsoever that you or any third party may suffer as a result of or which may be attributable directly or indirectly to those above.
Without limiting the generality of the preceding, TransUnion shall not be liable to you or any third party for any loss or damage of any nature if you request an order is stopped or cancelled.
The content is provided for informational purposes only. It is not intended to provide financial advice, and you should not rely upon the content to provide any such advice. You should seek the advice of professionals regarding the evaluation and verification of any content provided on the site and, in any event, before making any financial decisions based on such content.
You are advised TransUnion reserves the right (and in its sole discretion) to withdraw or terminate any service(s) and/or products offered to you in terms of the subscription for any reason at any time and without incurring loss or penalty.
Accuracy of Scores, Benchmarking and Use of Credit Tools
Your credit profile may be compared or benchmarked against industry and/or other averages when accessing certain products or features. These scores and benchmarks are calculated based only on information available to TransUnion or provided by you, and TransUnion can, therefore, not warrant the accuracy of the information. Should any information on your credit report be incorrect, you may dispute the information by contacting TransUnion’s Customer Service Team on:
Tel: +254 742 258478, +254 768 617074, +254 768 253748, +254 768 262495 or +254 706 565285
Email: ken_disputes@transunion.com
TransUnion does not approve or decline you for credit. The credit provider does all credit assessments based on the requirements set out in the applicable laws and guidelines, their internal risk criteria, and the information supplied by you and/or other information available to them. Any credit score or debt rating provided by TransUnion is, therefore, only an indicator and does not mean you’ll automatically be approved or declined for credit.
Verification
You hereby agree all orders and any other communications which purport to originate from you, or a person who had the authority to act on your behalf in respect of such order or communication, or an information system programmed by or on your behalf to operate automatically (unless it is proved such information system did not properly execute such programming) (collectively "the originator"), and which are sent to TransUnion electronically and may (as a result of interception, equipment malfunction, the distortion of communication links or any other reason whatsoever) be different from the instructions sent or given or may not have been given by you at all, shall be deemed to have been provided by the originator in the form received by TransUnion, binding you by such communication with no liability of whatever nature attaching to TransUnion in regard thereto.
You waive any rights you may have or obtain against TransUnion arising directly or indirectly from any loss or damage of whatsoever nature which you may suffer as a result of the fact that TransUnion acts on your orders or communications that purport to emanate from you, and you indemnify TransUnion against all and any claims, liabilities, losses, costs, fines, damages and expenses arising as a result of the fact
Contact Information
For general enquiries and communication with the company, you can contact using:
- Full name and legal status: Credit Reference Bureau Africa Limited t/a TransUnion, a private company incorporated in accordance with the laws of the Republic of Kenya;
- Registered physical address: Delta Corner Annex, 2nd Floor, Ring Road, Westlands, Nairobi;
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- telephone numbers: +254 742 258478, +254 768 617074, +254 768 253748, +254 768 262495, +254 706 565285
- Website address: www.transunionafrica.com
- Email address: info@transunion.com;
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For communication regarding credit information disputes, please reach us through the channels below:
- Email address: ken_disputes@transunion.com
Use of Information
TransUnion conducts its business in accordance with the Banking Act, Credit Reference Bureau Regulations, 2020. It’s imperative to protect the privacy interests of consumers. Please see our detailed Privacy and Security Policy available on our website in this regard.
By accepting these terms and conditions, you expressly acknowledge, agree and consent to TransUnion using your confidential information for the following purposes, specifically including:
- Recording, processing and continuously maintaining and updating my information
- Updating an existing credit record
- Monitoring and subsequently updating the current and future credit activity on my records
- Creating and maintaining new products (for scoring and other statistical models)
- Performing statistical analysis
- Validating and verifying information on my credit record (at TransUnion’s discretion) against any relevant source
- Distributing TransUnion’s marketing material
- Making my credit record available to its customers/subscribers upon request and where customer/subscriber fulfils the legal requirements justifying such disclosure
Copyright and Intellectual Property Rights
Copyright and Intellectual Property Rights in all materials, texts, drawings and data made available on the website (collectively "the materials") are owned by TransUnion. Alternatively, TransUnion is the lawful user and protected by both Kenyan and international intellectual property laws. Accordingly, any unauthorised copying, reproduction, retransmission, distribution, dissemination, sale, publication, broadcast or other circulation or exploitation of such material or any component thereof will constitute an infringement of such copyright and other intellectual property rights — save that you may use the materials or any component thereof for your internal purposes and to order service(s) from TransUnion. The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of TransUnion. Nothing contained on this website should be construed as granting any licence or right to use any trademark without the prior written permission of TransUnion.
External Links
External links may be provided for your convenience, but they are beyond the control of TransUnion, and no representation is made as to their content. Use or reliance on any external links provided is at your own risk. When visiting external links, you must refer to the terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of TransUnion.
Online Advertising
TransUnion engages third parties that help it deliver its banner advertisements and other online communications. Third parties may collect and use information about TransUnion customers to help us understand the offers, promotions and types of advertising most appealing to its customers. Their personal information is aggregated and cannot be linked to a person.
- Third-party vendors, including but not limited to Google, DoubleClick, and Programmatic Buying, show TransUnion's ads on sites on the Internet
- Third-party vendors, including but not limited to Google, DoubleClick, and Programmatic Buying, use cookies to serve ads based on a user's prior visits to TransUnion's website
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- Google: http://www.google.com/policies/privacy/ads/
- Network Advertising Initiative: http://www.networkadvertising.org/managing/opt_out.asp
- Digital Advertising Alliance (DAA): http://www.aboutads.info/choices/
- Digital Advertising Alliance Canada (DAAC): http://youradchoices.ca/choices
- Digital Advertising Alliance EU (eDAA): http://www.youronlinechoices.com/
Framing
No person, business or website may frame the site of TransUnion or any of the pages on this site in any way whatsoever.
Crawlers and Spiders
No person, business or website may use any technology to search and/or gain information from TransUnion's website without its prior written consent.
General
- The terms, the application form and TransUnion's Standard Subscriber Terms and Conditions constitute the sole record of the agreement between you and TransUnion in relation to the subject matter hereof. Neither you nor TransUnion shall be bound by any express tacit, implied representation, warranty, promise or the like not recorded herein. These terms and conditions supersede and replace all prior commitments, undertakings or representations, written or oral, between you and TransUnion regarding the subject matter hereof. No indulgence or extension of time which either you or TransUnion may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof — save in the event or to the extent the grantor has signed a written document expressly waiving or limiting such rights.
- TransUnion shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of these terms.
- All provisions of these terms and conditions are, notwithstanding how they have been grouped or linked grammatically, severable from each other. Any provision of these terms and conditions which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent it’s so unenforceable, be treated as pro non scripto, and the remaining provisions of these terms and conditions shall remain in full force and effect.
- Should TransUnion be prevented from fulfilling any of its obligations to you as a result of any event of force majeure, then those obligations shall be deemed to have been suspended to the extent that and for as long as TransUnion is so prevented from fulfilling them, and your corresponding obligations shall be suspended to the corresponding extent. If force majeure continues for more than 14 days after it has occurred, TransUnion shall be entitled (but not obliged) to terminate all its rights and obligations in terms of or arising out of these terms by giving notice to you. An "event of force majeure" shall mean any event or circumstance whatsoever which is not within the reasonable control of, including without limitation, vis major, casus fortuitus, any act of God, strike, theft, riots, explosion, insurrection or other similar disorder, war (whether declared or not) or military operations, the downtime of any external telecommunications line, power failure, international restrictions, any requirement of any international authority, any requirement of any government or other competent local authority, any court order, export control or shortage of transport facilities.
- These terms shall be governed by and construed in accordance with the laws of the Republic of Kenya without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Kenya in respect of any disputes arising in connection with the service(s) referred to herein or the terms or any matter related to or in connection therewith.
Address for Service
The address for service for all purposes relating to these terms of use, including the giving of any notice, payment of any sum, and serving of any process, is:
Delta Corner Annex, 2nd Floor, Ring Road, Westlands, Nairobi.
Telephone number: +254 742 258478, +254 768 617074, +254 768 253748, +254 768 262495, +254 706 565285
TransUnion shall be entitled (from time to time by giving notice to you) to vary its physical address for service to any other physical address within the Republic of Kenya, and to vary its facsimile address for service to any other facsimile number.
