Network Advocate Terms
Wakili ChapChap provides limited legal information and a self-help platform for its Users. As part of its Services, Wakili ChapChap connects its Users to Network Advocates for the following services (“Advocate Services”): -
- Wakili Connect: The Network Advocate provides a preliminary answer together with their proposed fee for substantively addressing a legal question the User has;
- Wakili Finder: Our interactive, searchable repository of lawyer information enables clients to find you, book appointments and get turn-by-turn directions to your office based on your location, practice areas and experience (among others); and
- Other legal services.
In consideration for your performance of the advocate services, WakiliChapChap shall compensate you as follows: -
- Give the Network Advocate an opportunity to earn fees by connecting potential clients with legal questions in the Network Advocate’s area of practice; and
- List the Network Advocate’s details in Wakili Connect and Wakili Finder.
Interactions with Users on Wakili ChapChap
When you enroll on Wakili ChapChap, Users will have the opportunity to initiate contact with you. You hereby warrant that you shall respond to Wakili ChapChap Users in a timely and professional manner.
You will provide online answers, limited consultations or other basic legal services to Wakili ChapChap Users. if you choose to communicate with a User through Wakili ChapChap, please note the following:
- When a User contacts you through Wakili ChapChap, you may provide the User with an initial consultation, legal review of the User’s forms or documents, or answers to the User’s legal questions. Please note that any such interaction is intended to be a starting point for dealing with a legal matter or addressing basic legal questions and any advocate-client relationship formed during the course of that interaction is strictly between you and the User and expressly EXCLUDES Wakili ChapChap.
- When a User contacts you through Wakili ChapChap, you may ask the User for some information regarding the User’s legal affairs in order to properly address the User’s questions. Wakili ChapChap will have access to any communications submitted through our platform for fulfilment and quality assurance purposes.
When the User contacts you through Wakili ChapChap, the User
controls both the duration and depth of the interaction. Any
advocate-client relationship formed during the course of that
interaction may, at the User’s option, either
- end when the interaction with the Network Advocate ends, or
- continue if the User wishes to engage the Network Advocate for further legal services.
- If the User wishes to create an advocate-client relationship with you that extends beyond the use of our Services, that relationship will be on whatever terms you establish with the User in question. Those terms do NOT involve Wakili ChapChap and, except for pre-negotiating special discounts for our Users, we do not set, control or influence them. For example, you may ask the User to sign a formal representation agreement regarding the scope of work you will perform, the cost of your legal services, and the handling of any out of pocket expenses you may incur.
- You may be compensated by Wakili ChapChap for Services performed on the User’s behalf, however, Wakili ChapChap does not receive any share of legal fees collected by any advocates in our network. In all cases, Wakili ChapChap will not influence or interfere in any way with any advocate’s independent professional judgment. Network Advocates reserve the right to refuse to perform legal services in their sole discretion.
- Wakili ChapChap is an information provider and does not endorse or recommend any advocate, including any of the Network Advocates. Wakili ChapChap makes no representation or warranty as to the qualifications or competency of any Network Advocate or as to the accuracy or completeness of any Network Advocate's work.
As a Network Advocate you are a third-party independent contractor and are solely responsible for the advice you give, the services you provide, the representations about yourself that you make and must carry your own professional indemnity insurance.
Wakili ChapChap and you agree and acknowledge that you are an independent contractor and are not, for any purpose, an employee of Wakili ChapChap. You do not have any authority to enter into agreements or contracts on behalf of Wakili ChapChap and shall not represent that you possess any such authority. Nothing contained in these Terms shall be deemed or construed to create the relationship of a partnership, a joint venture or any other fiduciary relationship.
Intellectual Property Rights
Wakili ChapChap 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:
- reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
- sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
- 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 © Wakili ChapChap. All rights reserved.
Wakili ChapChap® and any other Wakili ChapChap product or service names or slogans displayed on Wakili ChapChap products are trademarks of All-Africa Legal Limited. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Wakili ChapChap is the service mark, trademark and/or trade dress of All-Africa Legal Limited and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Wakili ChapChap's trademarks displayed on our website. All goodwill generated from the use of Wakili ChapChap's trademarks is reserved for the use of Wakili ChapChap, exclusively.
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 Wakili ChapChap Network Advocate, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Wakili ChapChap. You may not copy the content of Wakili ChapChap's forms or agreements for use or sale outside of Wakili ChapChap. Any rights not expressly granted in these Terms are reserved by Wakili ChapChap.
When you transmit user content on Wakili ChapChap, you hereby grant Wakili ChapChap and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.
Resale or unauthorized distribution of materials downloaded from the Wakili ChapChap 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 Wakili ChapChap.
Termination and Access Restriction
Wakili ChapChap reserves the right, in its sole discretion, to downgrade or terminate your access to the Services, for any reason and at any time without prior notice. For example, we may suspend or terminate your use of the Services if you are not complying with these Terms, or if you are using the Services in a manner that would expose us to legal liability, disrupt the Services or disrupt others' use of the Services.
If Wakili ChapChap elects to terminate your account, Wakili ChapChap may provide you with notice at your registered email address. Wakili ChapChap also reserves the right to modify or discontinue, either temporarily or permanently, any part of its Services with notice. You agree that Wakili ChapChap will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Services.
Ownership and Preservation of Your Documents
Wakili ChapChap does not claim ownership of any documents you either create or upload and store using our Services ("Documents"). You grant permission for Wakili ChapChap to use your Documents in connection with providing Services to you.
You acknowledge and agree that Wakili ChapChap 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 government 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 Wakili ChapChap, 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 Wakili ChapChap 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 Wakili ChapChap, 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.
Network Advocate’s Representation and Warranties
You represent and warrant that you have all the necessary licenses, permits and registrations, if any, required to perform the advocate services in accordance with applicable laws, rules and regulations and that you will perform the advocate services according to Wakili ChapChap’s guidelines and specifications and with the standard of care prevailing in the industry.
You shall indemnify and hold harmless Wakili ChapChap from any damages, claims, liabilities, loss and expenses, including reasonable advocate’s fees, arising out of any act or omission in performing the advocate services or the breach of any provision of these Terms.
- Wakili ChapChap and you agree that should a dispute arise, you shall both make good faith efforts to resolve the dispute on a business basis through negotiations between the Parties. Such consultations shall begin immediately after any of the Parties has delivered to the others written request for such consultation. If within fifteen (15) days following the date in which such notice is given the dispute cannot be resolved, the Parties agree to submit the matter to a single arbitrator to be appointed by the Parties jointly and failing agreement by the Chairman for the time being, of the Chartered Institute of Arbitrators, Kenyan Chapter.
- Such arbitration shall be conducted in Nairobi and resolved in accordance with the provisions of Arbitration Act of 1995 as amended from time to time.
- The decision of the arbitrator shall be final and binding upon the Parties to the fullest extent permissible by law.
Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:
- Wakili ChapChap may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
- Wakili ChapChap may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
- In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the courts of the Republic of Kenya, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.
- Wakili ChapChap may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled "Modifications" below
Any notice to Wakili ChapChap should be addressed to All-Africa Legal Limited, P.O. Box 2193-00606 Nairobi. Attention: Legal Counsel. Any notice to you shall be sent to your address as set forth in Wakili ChapChap's records of account or such other legal address as Wakili ChapChap is able to identify.
This Agreement shall be governed by and construed in accordance with the law pertaining in the Republic of Kenya and the Parties submit to the exclusive jurisdiction of the Kenyan Courts.
Wakili ChapChap may revise these Terms from time to time, on a prospective basis, and we will always post the most up-to-date version on our website. If we determine, in our sole discretion, that a modification to these Terms materially affects your rights, we will notify you (by, for example, sending a message to your account email). By using or continuing to use or access the Services after any revisions have come into effect, you agree to be bound by the revised Terms.
Waiver, severability, and assignment
Wakili ChapChap’s failure to enforce a provision of these Terms is not a waiver of its right to do so later. If any provision of these Terms is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable Term or Terms will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any attempt to do so will be void. Wakili ChapChap may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
These Terms constitutes the entire agreement between you and Wakili ChapChap with respect to the subject matter of these Terms, and supersedes all prior negotiations, understandings and agreements.