These Terms and Conditions of Use apply to any visitor or user of our website (the “Site”). By using the Site, you agree to be bound by these Terms of and Conditions Use. IKM reserves the right to modify these Terms and Conditions of Use at any time by posting modified Terms of and Conditions Use, and your continued use of the Site thereafter will constitute agreement with such modifications. When the Terms and Conditions of Use are changed, the date of the latest revision will appear at the top of this page.
2. No Legal Services or Advocate-Client Relationship
2.1 Although the Site may provide information concerning legal issues, it is not a substitute for legal advice from qualified counsel. You should not and are not authorised to rely on the website as a source of legal advice. Your use of the Site does not create any advocate-client relationship between you and IKM. If you wish to find out more about the information in the materials published, please contact an IKM partner.
2.2 IKM assumes no responsibility for any consequence arising directly or indirectly from any action or inaction you take based on the information or material on the Site. While IKM takes reasonable measures to keep the information on the Site accurate, complete and up to date, IKM will not be responsible for any damage or loss related to the inaccuracy, incompleteness or lack of timeliness of the information.
3. Restrictions on Use of Materials
3.1 Unless otherwise stated, IKM and/or its licensors own all materials contained on the Site and all the intellectual property rights thereto including copyrights, trademarks, service marks, trade names and trade dress.
3.2 You agree not to copy, reproduce, republish, transmit, modify or distribute any of the materials contained on the Site, except for your personal, non-commercial use, without the prior written approval of IKM.
4. Acceptable Use
You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
5. Restricted access
5.1 Access to certain areas of the Site may be restricted. IKM reserves the right to restrict access to areas of the Site, or indeed the whole Site, at IKM’s discretion.
5.2 You must not use the Site to link to any website or web page consisting of or containing material that would, were it posted on the Site, breach the provisions of these Terms and Conditions of Use.
6. Limited warranties
To the maximum extent permitted by applicable law, IKM excludes all representations, warranties and conditions relating to the Site and the use of the Site (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).
7. Limitations and Exclusions of Liability
To the maximum extent permitted by applicable law, IKM shall not be liable for any indirect, special, consequential, incidental, punitive or exemplary damages or any damages resulting from lost profits, revenues or savings, loss or damage to data or business interruption arising out of the use of or inability to use the Site, whether such damages are based on warranty, contract, tort, statute or any other legal theory and even if IKM has been advised (or should have known) of the possibility of such damages.
You hereby indemnify IKM and undertake to keep IKM indemnified against any losses, damages, costs, liabilities and expenses (including without limitation, legal expenses and any amounts paid by IKM to a third party in settlement of a claim or dispute) incurred or suffered by IKM arising out of any breach by you of any provision of these Terms and Conditions of Use, or arising out of any claim that you have breached any provision of these Terms and Conditions of Use.
9. Breaches of these terms and conditions of use
9.1 Without prejudice to IKM’s other rights under these Terms and Conditions of Use, if you breach these terms and conditions of use in any way, or if IKM reasonably suspects that you have breached these terms and conditions of use in any way, IKM may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Site;
(c) permanently prohibit you from accessing the Site;
(d) block computers using your IP address from accessing the Site;
(e) contact your internet services provider and request that they block your access to the Site; and/or
(f) bring court proceedings against you for breach of contract or otherwise.
9.2 Where IKM suspends or prohibits or blocks your access to the Site or a part of the Site, you must not take any action to circumvent such suspension or prohibition or blocking.
10. Links to External Internet Sites
Certain parts of the Site link to external internet sites, and other external internet sites may link to the Site. IKM is not responsible for the content of any external internet sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them.
11.1 IKM may transfer, sub-contract or otherwise deal with IKM’s rights and/or obligations under these Terms and Conditions of Use without notifying you or obtaining your consent.
11.2 You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions of use.
If a provision of these Terms and Conditions of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
13. Exclusion of third party rights
These Terms and Conditions of Use are for your and IKM’s benefit and, and are not intended to benefit any third party or be enforceable by any third party. The exercise of your and IKM rights in relation to these Terms and Conditions of Use is not subject to the consent of any third party.
14. Entire agreement
These Terms and Conditions of Use, together with the other legal notices on the Site, constitute the entire agreement between IKM and you in relation to your use of the Site, and supersede all previous agreements in respect of your use of the Site.
IKM’s failure to insist upon strict enforcement of any provision of these Terms and Conditions of Use shall not be construed as a waiver of any provision or right.
16. Law and jurisdiction
These Terms and Conditions of use will be governed by and construed in accordance with Kenyan law, and any disputes relating to these terms and conditions of use will be subject to the exclusive jurisdiction of the courts of Kenya.