Terms of Use

By using this website, you expressly agree to be bound by, and to comply with, these and any additional or amended terms and conditions Kemboy Law Advocates (Kemboy Law) may prescribe from time to time. By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

Kemboy reserves the right to make changes to this website and to these terms and conditions at any time. If you do not agree to all of the terms and conditions, please do not continue to use the website.

These terms of use refer to the following additional terms, which also apply to your use of our site:

• Our Privacy Policy.
• Our Cookie Policy, which sets out information about the cookies on our site.

Liability Disclaimer

The information materials and opinions contained on this website 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 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 Kemboy Law accepts no responsibility for any loss which may arise from reliance on information or materials published on this website. This website is not intended to and does not create any client/advocate relationship between any user and Kemboy Law. Kemboy Law has taken reasonable measures to ensure the integrity of this website and its contents is accurate and up to date. We make no guarantee about the suitability of the information and services on the website or whether they are accurate or appropriate.

No warranty, whether express or implied, is given that the website; the information, content, tools or materials included on the website; Kemboy Law servers; 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.

Kemboy Law will not be responsible for any:

1. 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;
2. reliance on any of the information, content, tools or materials that is obtained from the website;
3. inaccurate, incomplete or inadequate information obtained from the website; or
4. links to other websites from the Kemboy Law website. You acknowledge that we cannot control the content of or the products offered on those websites.

In no event shall Kemboy Law and its partners, associates, employees, consultants or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use or reliance of this website or any materials or information contained therein.

Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if Kemboy Law and/or any of its partners, associates, employees, consultants or suppliers have been advised of the possibility of damages.

You agree to fully indemnify Kemboy Law, its partners, associates, employees or suppliers and will not hold us responsible for any claim relating to your use of the website or from any errors or inaccuracies or incomplete information made available by third parties on the website.

Violation and waiver

If you breach any of these terms and conditions or any other rights of Kemboy Law, 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 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.

Applicable law

These terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of Kenya without giving effect to the principles of conflict of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of Kenya in respect of any disputes arising in connection with this website.

Data privacy

Kemboy Law respects your privacy and your personal information We will only use your personal information as set out in our Privacy Policy.

Links to other websites

During the use of this website, links to websites that are owned and controlled by third parties may be provided from time to time for various reasons. Such links may direct you to a third party website.

The websites you can link to have their own separate terms and conditions as well as privacy policies. Kemboy Law is not responsible and cannot be held liable for the content and activities of such websites. You therefore visit or access the websites entirely at your own risk.

Please note that these other websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Anti-Money Laundering

In terms of anti-money laundering and counter terrorist financing legislation, we are required to obtain formal evidence of your identity together with supporting documentation before we can act and may also conduct checks using external electronic databases for this purpose. We are obliged to report suspicions of money laundering activity to our money laundering compliance officer or to the relevant external authorities, or both. We may have to stop work on a matter and may not be allowed to tell you if we make such a report. We will not be liable to you for the consequences of any such report made in good faith.

Anti-bribery and anti-corruption

Kemboy Law has in place anti-fraud and anti-corruption policies and procedures. There is a zero tolerance to bribery or corruption by, or on behalf of, any member firm. These policies apply to all Kemboy Law partners, associates and employees, and to third parties providing services on our behalf.

Kemboy Law requires partners, associates and employees to act honestly and with integrity at all times. Fraud or corruption by partners, associates or employees could violate applicable laws, present a threat to Kemboy Law and will not be tolerated in any circumstances.

Intellectual property rights

All information, databases and software included on this website are the property of Kemboy Law or its content suppliers and protected by local and international copyright laws.

Furthermore, the compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of Kemboy Law and is protected by local and international copyright laws.

Without derogating from the above, we authorize you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:

1. such content is used for information purposes only;
2. such content is used for non-commercial purposes (you are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another entity);
3. any reproduction of material from this website or portion thereof must include this notice in its entirety;
4. such content is not modified in any way;
5. Our status (and that of any identified contributors) as the authors of content on this website is acknowledged; and
6. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. the mailing of our publications is not intended to create, and receipt of them does not constitute, an attorney-client relationship. The views set forth therein are the personal views of the author and do not necessarily reflect those of the law firm with which he or she is associated.

Social plugins

Kemboy Law usessocial plug-ins (‘buttons’) for social networks such as Facebook, Twitter and LinkedIn. When you visit our websites these buttons are deactivated by default, i.e. without your intervention they will not send any data to third parties. Before you are able to use these buttons, you must activate them by clicking on them. They then remain active until you deactivate them again or delete your cookies (see also ‘Cookies’). Once activated, a direct link to the server of the respective social network is established. The contents of the button are then transmitted from the social network directly to your browser which incorporates it in the website. Please note that we have no influence on the scope of data that is collected by social networks through their buttons.

The data use policies of the social networks provide information on the purpose and extent of the data that they collect, how this data is processed and used, the rights available to you and the settings that you can use to protect your privacy. Once a button is activated, the social network can retrieve data, independently of whether you interact with the button or not. If you are logged on to a social network, the network can associate your visit to the website with your user account. A social network cannot associate visits to our website unless and until you activate the respective button there as well. If you are a member of a social network and do not wish to associate data retrieved from your visit to our websites with your membership data, you must log out from the social network concerned before activating the buttons.

Term and Termination

These terms and conditions between Kemboy Law and you are concluded for an indefinite period. You are entitled to terminate the contract at all times by permanent deletion of the website data stored on your devices.

Kemboy Law is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the website) if you:

1. violate or breach any term of these Terms of Use, or
2. in the opinion of Kemboy Law misuse the website services.

In addition, Kemboy Law may terminate the contract if, in its sole judgment, you reside in a location that it deems unsafe to avail the website access. Kemboy Law is not obliged to give any notice of the termination of the contract in advance.

Contact

Please contact us at [email protected] with any questions regarding these terms and conditions.

Your continued use of this website is contingent upon your agreement to be bound by the foregoing

Trademarks

Kemboy LawAdvocates is a registered trademark.

Cookies

1. Cookies may be used when you are visiting our website.
2. Cookies are small files that are stored on your desktop, notebook or mobile device used to visit a website. Cookies make it possible to determine your preferences, e.g language and any other settings to offer you a certain user experience. Cookies may also contain personal data.
3. We also use qualified service providers - IT Service providers, marketing agencies, to operate, optimize and secure our websites. We only pass on personal data to the latter insofar as is required and necessary.
4. The use of cookies also depends on the settings of the web browser you are using. Most web browsers are preset to automatically accept certain types of cookies; however, you can change these settings to suit you.
5. In the event you decide against the use of cookies or delete them, you may not have access to all functions of our website or individual functions may be limited.

We use cookies to enhance your experience on our website , and also to continually improve our website. We use cookies to show you user-based content and advertising, and to this end we work with selected partners (incl. Google, Facebook, LinkedIn and other partners). You can revoke your voluntary consent at any time.

Analysis and statistics

To give you the best of our Website, we are continuously improving the user-friendliness and performance of our website. For this reason we use cookies to measure and evaluate which functions and contents of our website are used, how and how often.

Marketing

We use web technologies from selected partners to show you content and advertising specifically tailored to your preference on our website and digital marketing sites. This content is selected and displayed based on your usage behaviour.

Technically required

Required web technologies and cookies make the KEMBOY Website technically accessible to and usable for you. This applies to fundamental base functionalities such as navigation on the website, correct display in your internet browser or requesting your consent.

Targeting cookies

These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

Privacy Policy

Data protection

We appreciate your visit to our website. Protecting any personal information is very important to us. This Privacy Policy explains how we collect your personal information, what we do with it, and what rights you have on that basis.

Collection and processing of your personal data

1. Whenever you visit our website, we store certain information about the browser and operating system you are using; your date and time of visit; status of your interaction, which pages you visited on our website; search phrases you used to get to our website; the page from which you visited us from.
2. We store your personal data when you provide this data, e.g. sign up to our mailing list, contact form, chats or any other forms we may use. This is permitted to us on the basis of a consent given by you in accordance with the applicable legal provisions.
3. You are neither legally or contractually obligated to share your personal information. However, certain features of our website may depend on the sharing of personal information. If you do not provide your personal data in such cases, you may not be able to use these features, or they may be available with limited functionality.

Use of your personal information

1. Information collected during your visit to our website to enhance your user-experience and to protect our IT systems against attacks and any other unlawful activities.
2. Any information shared e.g. sign up to our mailing list, contact form, chats or any other forms we may use - is used for designated purposes, such as, customer management and when required processing and billing as well as any other business transactions within the required scope in each instance.
3. For other purposes (for example, display of personalised content or advertising based on your usage behaviour), we and, if applicable, selected third parties, use your personal data if and to the extent you give your consent through our consent management system.
4. In addition, we use personal data to the extent that we are legally obligated to do so. For example, storage for the fulfillment of commercial or tax-related retention obligations, release in accordance with official or judicial orders - law enforcement authorities.

Transfer of personal data to third parties; social plug-ins; us of service providers

1. Our website may contain an offer from a third party. If you click on such an offer, we transfer data to the respective provider to the required extent.
2. Social plug-ins on our website from our social networks are integrated. When you visit our website, the social plug-ins are deactivated, that is, no data is transmitted to the operator of these networks. However, once you click on the respective social plug-ins to establish a direct connection to the server of the respective network, the respective network can associate your visit to our website with your user account details. In the event you want to avoid this, log out of our website and there won't be an association. When you activate the social plug-in, the network transfers the content that becomes available directly to your browser, which integrates it into our website. In this situation, data transmissions can also take place that are initiated and controlled by the respective social network. Your connection to a social network, the data transfers taking place between the network and your system, and your interactions on that platform are governed solely by the privacy policies of that network. The social plug-in remains active until you deactivate it or delete your cookies.
3. If you click on the View 360 Angle or activate a social plug-in, personal data may reach providers in countries that may have different data protection policies. Kindly remember this before clicking on a link or activating a social plug-in and thereby triggering a transfer of your data.
4. We also use qualified service providers - IT Service providers, marketing agencies, to operate, optimize and secure our websites. We only pass on personal data to the latter insofar as is required and necessary.

Security

We continuously take security measures to protect your information managed by us from being tampered with, lost, destroyed or accessed by unauthorised individuals.

Legal Foundations for processing

1. If you have given us your consent to process your personal information, then that is the legal foundation for processing it. This is in line with the Kenyan Data Protection Act and incorporated is the EU’s General Data Protection Regulation (GDPR)
2. The Kenyan Data Protection Act and GDPR is the legal basis for processing personal information for the purpose of entering into a contract or performing a contract with you.
3. If processing your personal information is required to fulfill our legal obligation, we are authorised to do so.
4. Furthermore, we process personal information for purposes of protecting our legitimate interests as well as the interests of third parties. This may include maintaining functionality of our IT systems, direct marketing and those of any third parties we are closely working with. As part of the consideration of interests required in each case, we take into account various aspects, in particular the type of personal information, the purpose of processing, the circumstances of processing and your interest in the confidentiality of your personal information.

Deleting your personal data

Your IP address and the name of your internet service provider, which we store for security reasons, are deleted after seven days. We delete your personal information as soon as the purpose for which it was collected and processed has been fulfilled. Beyond this time period, data storage only takes place to the extent made necessary by legislation, regulations or any other legal provisions we are subjected to. Should it not be possible to delete data in individual cases, the relevant personal data is flagged to restrict their further processing.

Rights of the Data Subject

1. As a data subject, you have the right of access, right of rectification, right to erasure, right to restriction of processing and right to data portability.
2. If you have consented the processing of your personal data by us, you have the right to revoke the consent at any time. We may further process such data pursuant to applicable legal basis.
3. You can address any claims or declarations to the following email address ( [email protected] )

Sign up for emails

If you sign up for emails on our website, the information provided during registration will be used solely for marketing purposes. You may cancel the subscription at any time by using the option to unsubscribe contained in the mail.