Terms of Service
You must be the legal age of majority in Kenya or otherwise able to form a binding contract with Wakili ChapChap in order to use the Services. In no event is use of the Services permitted by those under the age of 18.
We want you to be 100% satisfied with our Services. If you are less than satisfied or believe there has been an error in billing, please contact our Customer Service Department by email at firstname.lastname@example.org or by telephone at 0716000126 immediately so that we can help you resolve the issue, provide a refund or offer credit that can be used for future Services.
When contacting us, please include any details relating to the Services you have purchased so that we can ensure you are completely satisfied with your Wakili ChapChap experience. All refund requests must be made within 30 days of purchase.
We do not offer refunds on payments we have collected for other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to Network Advocates.
Wakili ChapChap Services
Wakili ChapChap provides a platform for legal information and self-help. The information provided by Wakili ChapChap along with the content on our website 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 licensed advocate. Neither Wakili ChapChap nor any Legal Information provided by Wakili ChapChap is a substitute for legal advice from a qualified advocate licensed to practice. As Wakili ChapChap is not a law firm, please note that communications between you and Wakili ChapChap may not be protected as privileged communications under the advocate-client privilege or work product doctrine. Also, if you use the Wakili ChapChap Q&A service, the communications between you and the Network Advocate who answers your question may not be protected as privileged communications under the advocate-client privilege or work product doctrine.
Your use of the Services does not create an advocate-client relationship between you and Wakili ChapChap, or between you and any Wakili ChapChap employee or representative. Unless you are otherwise represented by an advocate, including a Network Advocate, you represent yourself in any legal matter you undertake through our Services.
Wakili ChapChap is not a "Lawyer Referral Service". The directory of lawyers published on our website is provided to the public for informational purposes only. Wakili ChapChap does not endorse or recommend any advocate nor does it make any warranty as to the qualifications or competency of any advocate.
Interactions with Advocates on Wakili ChapChap
When you use our Services, you will have the opportunity to initiate contact with an independent advocate (a "Network Advocate"). Network Advocates are neither employees nor agents of Wakili ChapChap. Network Advocates are third-party independent contractors who carry their own malpractice insurance and have agreed to provide online answers, limited consultations or other basic legal services to Wakili ChapChap users. Communicating with a Network Advocate through Wakili ChapChap is NOT required. However, if you choose to communicate with a Network Advocate through Wakili ChapChap, please note the following:
- When you contact a Network Advocate through Wakili ChapChap, he or she may provide you with an initial consultation, legal review of your forms or documents, or answers to your 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 Network Advocate and expressly EXCLUDES Wakili ChapChap.
- When you contact a Network Advocate through Wakili ChapChap, he or she may ask you for some information regarding you and your legal affairs in order to properly address your questions. By using our Services, you consent to sharing such personally identifying information for the purpose of securing legal advice with both the requesting advocate and with Wakili ChapChap. Wakili ChapChap will have access to any communications submitted through our platform for fulfilment and quality assurance purposes.
When you contact a Network Advocate through Wakili ChapChap, you
control both the duration and depth of the interaction. Any
advocate-client relationship formed during the course of that
interaction may, at your option, either
- end when the interaction with the Network Advocate ends, or
- continue if you wish to engage the Network Advocate for further legal services.
- If you wish to create an advocate-client relationship with a Network Advocate that extends beyond your use of our Services, that relationship will be on whatever terms you establish with the advocate in question. Those terms do NOT involve Wakili ChapChap and, except for pre-negotiating special discounts for our members, we do not set, control or influence them. For example, the Network Advocate may ask you to sign a formal representation agreement regarding the scope of work they will perform, the cost of their legal services, and the handling of any out of pocket expenses they may incur.
- Network Advocates may be compensated by Wakili ChapChap for Services performed on your 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 on your behalf in their sole discretion.
- Wakili ChapChap is an information provider and does not endorse or recommend any advocate, including any of the Network Advocate. 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.
WAKILI CHAPCHAP SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY PROFESSIONAL SERVICES RENDERED BY ANY ADVOCATE YOU ENCOUNTER ON OR THROUGH OUR WEBSITE, AND ANY USE OR RELIANCE ON SUCH PROFESSIONAL SERVICES IS SOLELY AT YOUR OWN RISK.
Advocates Profiles on Wakili ChapChap
Advocate profiles on our website are listings and should be interpreted as such. Wakili ChapChap does not investigate, verify or warrant the accuracy of the information contained in any advocate profile on our website. Network Advocates are third-party independent contractors solely responsible for the advice they give, the services they provide and the representations about themselves they make. You are solely responsible for assessing the quality, integrity, suitability and trustworthiness of all persons with whom you communicate regarding your legal needs.
Termination of Membership 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 will 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 your membership in 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.
Acceptable Use of Communications Services
Our Services may include a 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
- you own or control the necessary rights, or
- 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 Wakili ChapChap 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. Wakili ChapChap reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.
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 user, 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.
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.
Links to Third Party Sites
Wakili ChapChap's websites may contain links to third party resources and businesses on the Internet, called here "links" or "Linked Sites." Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Wakili ChapChap does not sponsor and is not legally associated with any third party "linked sites." Wakili ChapChap is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.
Wakili ChapChap does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Wakili ChapChap is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.
If you use any service provided on a Linked Site, (a) Wakili ChapChap will not be responsible for any act or omission of the third party, including the third party's access to or use of your customer data and (b) Wakili ChapChap does not warrant or support any service provided by the third party.
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights
The information, software, products, and services made available through Wakili ChapChap may include inaccuracies or typographical errors. Wakili ChapChap and/or its suppliers may at any time make improvements or changes to our Services. Information received via Wakili ChapChap 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, WAKILI CHAPCHAP 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 WAKILI CHAPCHAP, 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 WAKILI CHAPCHAP HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
WAKILI CHAPCHAP'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU TO WAKILI CHAPCHAP FOR THE SERVICES IN QUESTION.
Release and Indemnity
You, on behalf of yourself and your heirs, executors, agents, representatives, and assigns, fully release, forever discharge, and hold Wakili ChapChap and its affiliates and their respective officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable advocates' fees, rights, claims, and actions of any kind and injury (including death) arising out of or relating to your use of the Service. You agree that this release has been freely and voluntarily consented to and you confirm that you fully understand what you are agreeing to.
You agree to indemnify and hold Wakili ChapChap and its affiliates and their respective officers, employees, directors and agent harmless from any and all losses, damages, expenses, including reasonable advocates’ 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.
Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our Customer Service Department at 0716000126 You can also email us at email@example.com.
However, if Wakili ChapChap is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration by 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. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.
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.
You may only resolve disputes with us or Network Advocates on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.
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. You may reject any changes made during your Membership by sending us written notice. Such notice must be given within thirty (30) calendar days of the notice of modification to the following address: All-Africa Legal Limited, P.O. Box 2193 - 00606 Nairobi.
These terms are 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.
These Terms constitute the entire agreement between you and Wakili ChapChap 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
Wakili ChapChap'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. 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.
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.
If you have any questions or concerns, please visit our Help Page or Contact Us at any time.