Chapter One
Terms of use
By using this website, you expressly agree to be bound by and comply with these and any additional or amended terms and conditions that Kubwa and Company Advocates may prescribe occasionally. It’s your responsibility to stay updated with these changes. Kubwa and Company Advocates reserves the right to change this website and 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.
Chapter Two
Liability disclaimer
2:1 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. We encourage you to seek specific legal advice on any matter that concerns you, as your decisions are your responsibility. Any reliance you place on such information is strictly at your own risk. Kubwa and Company Advocates accepts no responsibility for any loss arising from reliance on information or materials published on this website.
2:2 Kubwa and Company Advocates have taken proactive and reasonable measures to ensure the integrity of this website and its contents are complete, accurate, and up to date. We make no guarantee about the suitability of the information and services on the website or whether they are entirely accurate or appropriate, but we are committed to maintaining the highest standards of integrity and accuracy.
2:3 No warranty, whether express or implied, is given that the website; the information, content, tools, or materials included on the website; Kubwa and Company Advocates servers; or any electronic communications sent by us are free from viruses, Trojans, bombs, time-locks, or any other data or code which can corrupt or affect the operation of your system.
2:4 Kubwa and Company Advocates 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, tools, or materials that is obtained from the website;
- inaccurate, incomplete, or inadequate information obtained from the website; or
- links to other websites from the Kubwa and Company Advocates website. You acknowledge that we cannot control the content or products offered on those websites.
2:5 In no event shall Kubwa and Company Advocates and/or its partners, employees, 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.
2:6 Such limitation shall also apply concerning damages resulting from the inability to use this website, the operational failure of this website, or 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 Kubwa and Company Advocates and/or any of its partners, employees or suppliers have been advised of the possibility of damages.
2:7 You agree to fully indemnify Kubwa and Company Advocates, its partners, and employees. You will not hold us responsible for any claim relating to your use of the website or for any errors, inaccuracies, or incomplete information made available by third parties on the website.
Chapter Three
Violation and waiver
3:1 If you breach any of these terms and conditions or any other rights of Kubwa and Company Advocates, we reserve the right to pursue any 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 any other rights or provisions in these terms and conditions.
3:2 If a court should find that one or more rights or provisions outlined 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.
Chapter Four
Applicable law
These terms and conditions shall be governed and construed by the laws of the Republic of Kenya without giving effect to the principles of conflicts of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of Kenya regarding any disputes arising in connection with this website.
Chapter Five
Cybercrime Warning
5:1 Cybercrime is an increasing threat, especially when criminals intercept emails and fraudulently change legitimate bank account details to steal money. We will not email you any changes to our banking details, and any correspondence purported to come from Kubwa and Company Advocates should be considered a fraudulent scam. Should you receive any such request, you should immediately contact our offices using a known contact number, which may be found on our website.
5:2 Do not rely on any contact details contained in any email communication. You should remain vigilant when making payments into our bank account. We will not accept any responsibility or liability if you transfer monies into an incorrect bank account, a new bank account not belonging to Kubwa and Company Advocates, or a result of a fraudulent scam. We will not accept any change to your bank details for payments to you without providing additional documentation and confirmation.
Chapter Six
Anti-Money Laundering
6:1 Regarding anti-money laundering and counter-terrorist financing legislation, we must obtain formal evidence of your identity and supporting documentation before we can act. We may also conduct checks using external electronic databases for this purpose.
6:2 We are obliged to report suspicions of money laundering activity to our Money Laundering Compliance Officer, the relevant external authorities, or both.
6:3 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.
Chapter Seven
Anti-bribery and anti-corruption & Anti-Terrorism
7:1 Kubwa and Company Advocates have implemented and strictly adhere to anti-fraud and anti-corruption policies and procedures. There is zero tolerance for bribery or corruption, and this commitment applies to all Kubwa & Company Advocates’ partners, employees, and third parties providing services on our behalf. We are committed to maintaining the highest standards of integrity and ethical conduct.
7:2 Kubwa and Company Advocates require partners and employees always to act honestly and with integrity. Fraud or corruption by partners or employees could violate applicable laws, present a threat to Kubwa and Company Advocates, and will not be tolerated in any circumstances.
Chapter Eight
Intellectual property rights
8:1 All information, databases, and software included on this website are the property of Kubwa and Company Advocates or its content suppliers and are protected by local and international copyright laws.
8:2 Furthermore, the compilation (meaning the collection, arrangement, and assembly) of all content on this website is the exclusive property of Kubwa and Company Advocates, and local and international copyright laws protect it.
8:3 Without derogating from the above, we authorise you to view, copy, download to a local drive, print, and distribute the content of this website, or parts thereof, provided that:
- such content is used for information purposes only;
- 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)
- any reproduction of material from this website or portion thereof must include this notice in its entirety