Legal Answers Consulting Terms & Conditions of Use Policy ©2018.
By using this website, you expressly consent to the terms and conditions of Legal Answers Consulting (hereafter “LAC”), as amended from time to time. Please note that LAC reserves the right to make changes to this website and these terms and conditions at any time and without notice. If you do not agree to all of these terms and conditions, please do not continue to use the website.
Introduction
The term “Site” refers to https://www.legalconsulting.pro. The term “Services” refers to general information provided on the Site to permit you to learn more about our pioneer virtual legal consulting practice in East Africa, our services as professionals, as well as information about business law, start ups financing, immigration, tax and information relating to our professional practice areas in general. These Terms and Conditions apply to all Site visitors, potential clients, and all other users of the Site. By using the Site or Services you agree to these Terms and Conditions, without modification, and acknowledge reading them.
No Advocate-Client Relationship created on the Site
Consuming the contents of e-mails from our domain or using our Site does not create an Advocate-Client relationship between you and the advocate sending the e-mail, which (relationship) is only formed when you have signed a client engagement contract with us. Neither receipt of information presented on the Site nor any email from our domain or other electronic communication submitted or received will create an Advocate-Client relationship with us. Any information that you provide to us by reason of your use of our Site/Services is confidential but subject to applicable legal obligations on disclosure. Neither receipt of information presented on the Site nor any email or other electronic communication sent to LAC or its owners, team, or advocates through the Site will create an advocate-client relationship. LAC cannot guarantee the confidentiality of information provided by email through the Site. No user of the Site should act, or refrain from acting, on the basis of information included on the Site without first consulting legal counsel in the relevant jurisdiction. We reserve the right to refuse Services to any person or entity, without the obligation to assign reason for doing so. These Terms and Conditions do not apply to any advocate-client relationship that may exist between you and Legal Answers Consulting in addition to your use of the Site; any materials or other communications within such relationship, if any, are governed by the terms of the Letter of Engagement and the applicable rules of Professional Conduct
Licensing
Our consultants are licensed to practice law in Kenya. To the extent the consultant of LAC are contacted by potential clients seeking legal services in jurisdictions in which they are not permitted to practice law, LAC shall decline to provide legal representation. We do not seek to represent anyone based solely upon a visit to the Site. Access to the Site from physical locations in jurisdictions in which the consultant advocates of Legal Answers Consulting are not permitted to practice law is inadvertent and unavoidable due to the nature of internet access in this century; any such access is not intended by Legal Answers Consulting as an advertising effort or an effort to establish a systematic and continuous presence in any jurisdiction in which the advocates affiliated with us are not permitted to practice law.
Advertising Disclaimer
The Site may constitute advocate/attorney advertising in some jurisdictions, depending on where you are accessing the Site from. Legal Answers Consulting does not intend the Site to constitute advocate advertising but appreciates that it may be so considered in certain jurisdictions. To clarify the purpose of the Site and LAC’s intentions, Legal Answers Consulting confirms that visiting the Site and interacting with the information provided thereon does not establish an advocate-client relationship, which is only formed when you have signed a Letter of Engagement with us and complied with the terms thereof. Information provided on the Site is not indicative of likely results in any particular matter. Legal Answers Consulting cannot guarantee that past results guarantee future results for you based on your interactions with the Site.
Liability disclaimer on use of the Site and Services
The information, answers and opinions contained on the Site are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific legal advice relevant to particular circumstances. You should seek specific legal advice on any matter that concerns you. Any reliance you place on such information is strictly at your own risk and Legal Answers Consulting accepts no responsibility for any loss which may arise from reliance on information or materials published on the Site.
Additionally, you agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or our Services. Additionally, Legal Answers Consulting is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Legal Answers Consulting has been advised of the possibility of or could have foreseen the said possibility of liability. Our liability is limited to the fullest possible extent permitted by laws of Kenya. Notwithstanding our professional indemnity cover, in all negligence/gross negligence claims against Legal Answers Consulting, under no circumstances shall Legal Answers Consulting’s cumulative liability to you exceed the total purchase price of the Services you purchased from Legal Answers Consulting, and if no purchase was made by you then LAC’s cumulative liability to you shall not exceed Kenya Shillings 5,000 or the current consultation fees at Legal Answers Consulting at the time of the claim, whichever is lower.
Capacity to use the Site
By proceeding to use our Site or the Services, you confirm to us that you are over 18 years of age or older and are hereby deemed to have the requisite power and capacity to enter into these Terms and Conditions. Lack of translation of the information available on the Site into brail and other modes of communication for persons with special needs is not intended to be discriminatory or an impediment to access to justice and legal services as contemplated under Articles 27 and 48 of the Constitution of Kenya, and any liability attaching thereto is hereby disclaimed.
Unlawful use of Site and Services prohibited
You may use the Site and Services for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services through the Site for legitimate and non-commercial purposes only. You are expressly prohibited from posting or transmitting through the Site any information which violates or infringes the legal rights of others, or which is threatening, abusive, defamatory, invasive of privacy or contrary to public interest, vulgar, obscene, profane or otherwise unacceptable, contains injurious instructions, data or information, which encourages conduct that would constitute a criminal offense in the republic of Kenya, give rise to civil liability or otherwise violate any of the laws of the republic of Kenya.
No Warranty
We have taken reasonable measures to ensure the integrity of the contents of the Site is wholesome, accurate and current as at the date of publishing on the Site. All the information presented on the Site is provided on “as is” and “as available,” basis without representation or warranty or guarantee of any kind. Legal Answers Consulting does not represent or warrant or guarantee that such information is or will remain always current, complete, or accurate. Any representations or warranty that might be otherwise implied is hereby expressly disclaimed.
No warranty on 3rd Party Links and External Resources on the Site
No warranty, whether express or implied, is given that the Site and its contents, or any electronic communications sent by us are free from viruses, Trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system. We will not be responsible for any interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond our reasonable control; reliance on any of the information/ content that is obtained from the Site and links to other websites from the Site. By proceeding to use our Site, you acknowledge that we cannot control the content of or the products offered on third party websites and links. Additionally, you acknowledge and agree that we are not responsible for or liable for the availability & accuracy of content or policies of third party websites or resources available on the Site. Links to such websites or resources do not imply any endorsement by or affiliation with Legal Answers Consulting unless expressly stated. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites and resources.
Indemnification
You shall indemnify and hold Legal Answers Consulting and all its consultant advocates, team or staff harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, party and party costs/advocate-client costs, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Services.
Intellectual Property Rights
The Site and Services contain intellectual property and information owned by Legal Answers Consulting including, without limitation, the Legal Answers Consulting logo, all designs, text, graphics, the selection and arrangement thereof, trademarks, and copyrights. You are expressly prohibited from copying, modifying, publishing, transmitting, participating in the sale of, reproduction or in any way exploiting in any format whatsoever any of the content on the Site or Services, in whole or in part without the prior written consent of Legal Answers Consulting. Notwithstanding the prohibition, you are authorised and permitted to view, distribute and share the contents of the Site and our Services among all your social media circles and within your networks provided that such sharing of content from the Site and Services is for information purposes only, is for lawful purposes and non-commercial purposes and such sharing contains acknowledgement of the content as being owned by Legal Answers Consulting. We shall actively police our Intellectual Property on these internet streets and we reserve the rights to pursue legal redress against you and decline further Services to you without any refund in respect of any payments previously made to Legal Answers Consulting.
You are expressly prohibited against uploading, posting or otherwise making available on the Site or via email any artwork, photos or other materials protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any such copyrighted or intellectually protected materials are not so protected rests entirely with you. You accept liability for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all proprietary materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute such proprietary materials, and that the use or display of the said materials will not violate any laws, rules, regulations or rights of third parties in any jurisdiction.
We claim no intellectual property rights over the materials you supply to the Site. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site and in the course of obtaining Services. Content you submit to the Site remains yours to the extent that you have any valid legal claims therein. Notwithstanding the foregoing, you grant Legal Answers Consulting a worldwide, non-exclusive, irrevocable license to display the materials you supply to us for business development and social impact purposes only. By visiting the Site, you agree to hold Legal Answers Consulting harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark infringement claim by you in respect of any proprietary materials submitted by you on the Site.
Cookies, Data Privacy and GDPR Rights for Site users in the European Union
We use cookies to ensure a pleasant user experience on the Site. You have the ability to accept or decline cookies using your web browser settings. If you choose not to accept cookies from the Site, you may not be able to take full advantage of its features access certain information. Personal data is any information that relates to you and that identifies you as a natural person either directly from that information or indirectly. The personal data that we collect, how we collect and use it depends on your interaction with the Site and is available in detail in our Privacy Policy on the Site.
Applicable Law and Dispute Resolution
These Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Republic of Kenya. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the current mediation rules and procedures of The Nairobi Centre for International Arbitration. The seating of mediation shall be Nairobi and the language shall be English. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
Breach, Waiver and Severability
If you breach any of these Terms and Conditions, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms and conditions.
If a court of competent jurisdiction should find that one or more rights or provisions set forth in these terms and conditions are invalid, you agree that the remainder of the terms and conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
These Terms and Conditions contained herein are not assignable or transferrable by you to another party without the prior written consent of Legal Answers Consulting.
Updated in July 2018