Terms of Service

Welcome Uwakili!

We are happy to have you onboard.

The following Terms of Services (the ‘TOS’) apply to your use of www.uwakili.co.ke, including any content, functionality and services offered on or via Uwakili (the “Site“) for example via thebar.uwakili.com The Terms of Service also include our Privacy Policy, Email policy and E signature policy that you can review. Accessing and using Uwakili as the employee or agent of an organization, means you are agreeing to these Terms on behalf of that organization.

You must be the legal age of majority (18 years) to able to use and access the services offered on Uwakili.

Should you disagree with some of the TOS terms, you may not access or use the Site.

CHANGES TO THE TERMS OF SERVICE

We at Uwakili are committed to provide you with the best service, to enable this, will be making enhancements to the Site and therefore may need to make changes to the TOS. To efficiently effect this we reserve the right to update the Website and these TOS from time to time, at our discretion.

Should such changes occur, we will make sure to announce any major change in a prominent way or notify you by email and of course, this document is public on the Site and therefore you will be able to see the changes for any new version. Further, just as a heads up,  your continued use of the Site following the publishing of updated Terms of Service means that you accept and agree to the changes.

UWAKILI IS NOT A LAW FIRM AND DOES NOT PROVIDE LEGAL ADVICE

Uwakili provides a platform for legal information and self-help.

The information provided by Uwakili along with the content on the Site related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with a practising advocate. Neither Uwakili  nor any Legal Information provided by Uwakili or any of its services is a substitute for legal advice from an Advocate licensed to practice in Kenya or other jurisdciation.

Your use of the Site does not create an advocate-client relationship between you and Uwakili, or between you and any Uwakili employee or representative.

DESCRIPTION OF SERVICES

Uwakili enables individual and business users to create electronically legal documents, send, sign, and manage legal agreements provided by Uwakili and its partners.

These services are offered in various modes:

  • Free tier of service,
  • Paid subscription and
  • Pay per usage

ELECTRONIC SIGNATURES

Uwakili enables you to send and receive valid e-signatures in Kenya as recognized by the Kenya Information and Communications Act Act No. 12 of 2012. Uwakili does not authenticate users’ signatures or identities.

OWNERSHIP AND PRESERVATION OF YOUR DOCUMENTS

Any documents you create and generate with Uwakili belong to you; however you grant us permission to use your Documents in connection with providing you Services.

You acknowledge and agree that Uwakili may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following:

(1) to comply with legal process, applicable laws or governmental requests;

(2) to enforce these Terms;

(3) to respond to claims that any content violates the rights of third parties; or

(4) to protect the rights, property, or personal safety of Uwakili, its users and the public.

You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Uwakili has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

CONSENT TO RECEIVE EMAILS

By creating an account, you agree that you may receive communications from Uwakili, such as newsletters, special offers, and account reminders and updates. You also understand that you can remove yourself from these communications by clicking the “Unsubscribe” link in the footer of the actual email.

ACCEPTABLE USE OF COMMUNICATION SERVICES

Our Services include a large number of what are collectively called “Communications Services.”  These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services.  You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service.  When using a Communication Service, you agree that you will not do any of the following:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
  • Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
  • Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
  • Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when (i) you own or control the necessary rights, or (ii) you have received all necessary consents to do so.
  • Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
  • Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Harvest or otherwise collect personally identifiable information about others, without their consent.
  • Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
  • Violate any applicable laws or regulations.

Although Uwakili has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part.  Uwakili reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

NO UNLAWFUL OR PROHIBITED USE

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Uwakili to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member’s use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Uwakili reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

  • Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Uwakili.
  • Use in connection with any legal matter involving an alleged violent crime; or
  • Use in connection with any legal matter involving the laws of jurisdictions outside of Kenya;
  • Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.
  • Use in connection with any legal matter that, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
  • You may not hack, “scrape” or “crawl” uwakili.co.ke whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Uwakili has not intentionally made available to you on its website via purchased subscription.  Your use of the Uwakili website does not entitle you to resell any Uwakili content without prior express written consent from Uwakili.

LICENSE GRANT

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Uwakili user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Uwakili. You may not copy the content of Uwakili’s forms or agreements for use or sale outside of Uwakili.  Any rights not expressly granted in these Terms are reserved by Uwakili.

Resale or unauthorized distribution of materials downloaded from the Uwakili website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Uwakili.

INTELLECTUAL PROPERTY RIGHTS

Uwakili retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to: (i) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services; (ii) sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or (iii) circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Uwakili tech limited. All rights reserved.

DISCLAIMER OF REPRESENTATIONS AND LIABILITY 

The information, software, products, and services made available through Uwakili may include inaccuracies or typographical errors. Uwakili and/or its suppliers may at any time make improvements or changes to our Services.  Information received via Uwakili should not be relied upon for personal, medical, legal, or financial decisions.  You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, UWAKILI AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL UWAKILI, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT UWAKILI HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

UWAKILI’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO UWAKILI FOR THE 12 MONTHS PRECEEDING THE SERVICES IN QUESTION.

INDEMNITY AND RELEASE

You agree to release, indemnify and hold Uwakili and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your use of the Service, your violation of these Terms or your violation of any rights of another.

GOVERNING LAW

These Terms will be governed by the laws of Kenya except for its conflicts of laws principles.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Uwakili with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

WAIVER SEVERABILITY AND ASSIGNMENT 

Uwakili’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Uwakili may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

MODIFICATIONS

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.