Note that these Terms of Use describe the legally binding terms and conditions that oversee your use of this Website.
These terms do not relate to other legal disputes you may have with Kraido Advocates and its associates or employees.
For complaints or feedback related to the firm, visit our Feedback Page.
The Kraido Advocates website accessible at Kraidoadvocates.com is a copyrighted work belonging to Kraido & Co. Advocates. Accordingly, certain features of this site may be subject to additional guidelines, terms, or rules, which we will post on the site in connection with such features.
We have incorporated all such additional terms, guidelines, and rules by reference into these Terms.
By visiting this Site, you are compliant with these terms. You also represent that you have the authority and capacity to enter into these Terms. You should be at least 13 years of age to access the SITE. IF YOU DISAGREE WITH THESE TERMS, LOG INTO OR USE THIS SITE.
These Terms require arbitration on an individual basis to resolve disputes per article 159 of the Constitution of Kenya. In addition, these terms limit the remedies available to you in the event of a dispute related to this site.
Access to the Site
Kraido & Co. Advocates grants you a non-transferable, non-exclusive, revocable, limited license to access this site solely for personal, noncommercial use.
Your Use of the site is subject to these terms.
Restrictions
The rights approved to you in these Terms are subject to the following restrictions:
(a) You shall not sell, rent, lease, transfer, assign, distribute, host, or commercially exploit this site otherwise.
(b) You shall not change, do derivative works of, disassemble or reverse engineer any part of the site.
(c) No part of this site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means unless otherwise indicated. Any future release, update, or other addition to functionality of the site shall be subject to these Terms.
You must retain all copyright and other proprietary notices on the site on all copies thereof.
Kraido Advocates reserves the right to change, suspend, or cease this site with or without notice to you.
You approve that Kraido Advocates will not be held liable to you or any third party for any change, interruption, or termination of this site or any part.
No Guaranteed Support or Maintenance
You agree that Kraido & Co. Advocates will have no obligation to provide you with any support with the site.
Other than any User Content provided by our visitors, all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the site and its content are the property of Kraido & Co. Advocates or Kraido Advocate’s partners.
Note that these Terms and access to the site do not give you any rights to any intellectual property rights other than the limited access rights expressed in Section 2.1. Kraido Advocates and associates reserve all rights not granted in these Terms.
User Content
“User Content” means any information and content that a user submits to Kraido Advocates. You are exclusively responsible for your User Content. Therefore, you bear all risks associated with using your User Content.
You, at this moment, certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is provided, sponsored, or endorsed by Kraido Advocates. Because you alone are responsible for your User Content, you may expose yourself to liability. Kraido Advocates is not obliged to back up any User Content you post; also, Kraido Advocates may delete your User Content without prior notice. You are solely responsible for making backup copies of your User Content if you desire.
You now grant Kraido Advocates an irreversible, non-exclusive, royalty-free, fully-paid, global license to your submitted User Content.
You grant Kraido advocates the rights to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content.
You also automatically grant Kraido Advocates sublicenses of the preceding rights solely to include your User Content on the site. You irreversibly waive any claims and assertions of moral rights or attribution for your User Content.
Acceptable Use Policy
The following terms constitute Kraido Advocate’s “Acceptable Use Policy”:
You agree not to use this site to collect, upload, transmit, display, or distribute any User Content;
- That violates any third-party right or any intellectual property or proprietary right.
- That is unlawful, harassing, abusive, tortuous, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, and patently offensive.
- That promotes tribalism, racism, bigotry, homophobia, hatred, or physical harm against any group or individual.
- That is harmful to minors in any way; or
- That violates any law, regulation, obligations, or restrictions any third party imposes.
In addition, you agree not to
- Upload, transmit, or distribute any software intended to damage or alter a computer system or data through this site.
- Send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages through the site.
- Use the site to harvest, collect, gather or assemble information or data regarding other users without their consent.
- Interfere with, disrupt, or create an undue burden on servers or networks connected to the site, or violate such networks’ regulations, policies, or procedures – also known as DDoS attacks.
- Attempt to gain unauthorized access to the site, whether through password mining or other means.
- Harass or interfere with any other user’s use and enjoyment of the site.
- Use software or automated agents or scripts to produce multiple accounts on this site or generate automated searches, requests, or queries to the site.
We reserve the right to review any submitted User Content. After our review, we may investigate and take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy and other provisions of these Terms or create liability for us or any other person.
Such action may include:
- Removing or modifying your User Content.
- Terminating your Access to KraidoAdvocates.com per Section 8.
- Reporting you to law enforcement authorities.
If you provide Kraido Advocates with any feedback or suggestions regarding the site, you assign all rights to Kraido Advocates in such Feedback.
You also agree that Kraido Advocates shall have the right to use and fully exploit such Feedback and related information in any manner the firm deems appropriate. Kraido Advocates will treat any Feedback you provide as non-confidential and non-proprietary.
You agree to indemnify and hold Kraido Advocates and its lawyers, associates, officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.
Kraido Advocates reserves the right to assume the exclusive defense and control of any matter for which you are required by law to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any case without the prior written consent of Kraido Advocates. Kraido Advocates will use reasonable efforts to notify you of any such claim, action, or proceedings once we become aware.
Third-Party Links
This site may contain links to third-party websites and services. Such Third-Party Links are not under the control of Kraido Advocates, and Kraido Advocates law firm is not responsible for any Third-Party Links. KraidoAdvocates.com provides access to these Third-Party Links only as a convenience to you and does not review, approve, monitor, endorse, warrant, or make any representations concerning Third-Party Links providers.
You use all Third-Party Links at your own risk, so you should apply a reasonable level of caution and discretion.
When you click on any Third-Party Links on our site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.
Other Users Of Our Site
Each Site user is solely responsible for all of their User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content provided by you or others.
You agree that Kraido Advocates will not be responsible for any loss or damage incurred due to such interactions.
If there is a dispute between you and any other Site user, we are under no obligation to become involved.
You now release and forever discharge Kraido Advocates and our lawyers, associates, officers, employees, agents, successors, and assigns from conflict with other Site users.
You correspondingly hereby waive and relinquish every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to the site.
Cookies and Web Beacons
Like most other websites on the internet, Kraido Advocates uses ‘cookies.’ Websites use these cookies to store information, including visitors’ preferences and the pages on the website that the visitor accessed or visited.
We then use this information to optimize the users’ experience by customizing our web page content based on visitors’ browser types and other information.
Limitation on Liability
To the maximum extent permitted by Kenyan law, in no event shall Kraido Advocates or our partners be liable to you for any losses or damage resulting from your use of this site other than any legal work tendered by Kraido Advocates and its associates.
We shall not be responsible for any lost profits, data, or substitute product procurement costs.
Additionally, we shall not be liable for any indirect, consequential, incidental, special, or punitive damages arising from or relating to these terms or your use or incapability to use this site, even if Kraido Advocates is aware of the possibility of such damages.
Your access and use of this site are at your discretion and risk, and you will be solely responsible for any damage to your device or computer system or any resulting data loss.
Termination
Subject to this section, these Terms will remain in full force and effect while you use the site.
We may suspend or terminate your access to the site for any reason at our sole discretion, including for any use of the site in violation of these Terms.
Upon the termination of your rights under these Terms, we will terminate your Account and right to access and use the site immediately.
You understand that any termination of your Account may involve deleting your User Content associated with your Account from our live databases and an IP address ban.
Kraido Advocates will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3, and Sections 4 through 10.
Copyright Policy
Kraido Advocates respects the intellectual property of others and asks that users of our site do the same. Therefore, in connection with our site, we have adopted and implemented a policy respecting copyright law that removes any infringing materials and for the termination of users of our online site who are repeated infringers of intellectual property rights, including copyrights.
If you believe that any content on our site is infringing on copyrighted material and wish to have the material removed, the following information in the form of a written notification must be provided to our designated Copyright Agent through our feedback page:
- Your physical or electronic signature.
- An identification of the copyrighted work(s) that you claim to have been infringed on.
- Identification of the material on our services that you claim is infringing and that you request us to remove.
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and email address.
- A statement that you have a good faith belief that the use of the objectionable material is not authorized by the copyright owner, its agent, or under the law.
- A statement that the information is accurate and under penalty of perjury that you are either the copyright owner or authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorney’s fees incurred by us in connection with the written notice and allegation of copyright infringement.
General
These Terms are subject to occasional revision. If we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us or by prominently posting notice of the changes on our site. Therefore, you are responsible for providing us with your most current email address.
If the last email address you provided us is invalid, our dispatch of the email containing such notice will constitute adequate notice of the changes.
Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an email notice to you or thirty (30) calendar days following our posting of the changes on our site.
These changes will be effective immediately for new users of our site. Continued use of the Site following notice of changes shall indicate your acknowledgment of the modifications and Agreement to the terms and conditions.
Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Kraido Advocates and affects your rights. In addition, it contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration
All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that we cannot resolve informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.
All arbitration proceedings shall be in English or Kiswahili unless otherwise agreed to.
This Arbitration Agreement applies to you and the Kraido Advocates, any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, and all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution
Before either party may seek arbitration, the party must first send the other party a written Notice of Dispute describing the nature and basis of the claim or dispute and the requested relief. You should send a Notice to Kraido Advocates to P.O. Box 10743-00100, Nairobi, Kenya, and mail@kraidoadvocates.com.
After receiving the Notice, you and Kraido Advocates may attempt to informally resolve the claim or dispute. If you and Kraido Advocates do not resolve the claim or dispute within thirty (30) days of receiving the Notice, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.
Arbitration Rules
We shall initiate the arbitration through the Chartered Institute of Arbitration, an established alternative dispute resolution provider that offers arbitration as outlined in this section. If CIArb is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The ADR Provider’s rules shall govern all aspects of the arbitration except such conditions conflict with the Terms.
The CIArb Consumer Arbitration Rules governing the arbitration are available online at ciarbkenya.org or by calling CIArb Kenya at +254-722-200-496.
We will hold any hearing in a location within Kenya unless the parties agree otherwise.
If you reside outside Kenya, the arbitrator shall give the parties reasonable notice of any oral hearings’ date, time, and place.
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award exceeding the last settlement offer Kraido Advocates made to you before arbitration, the Company will pay you the greater award.
Each party shall bear its costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration
If non-appearance-based arbitration is elected, the arbitration shall be conducted by telephone, online, or based solely on written submissions; the party initiating the arbitration shall choose the specific manner. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits
If you or Kraido Advocates pursue arbitration, the arbitration action must be initiated or demanded within the statute of limitations and any deadline imposed under the CIArb Rules for the pertinent claim.
Waiver of Court Trial
This is a waiver of court trials for arising matters in relation to the use of this site.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A MAGISTRATE, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.
Arbitration procedures are typically more limited, more efficient, and less expensive than rules applicable in a court and are subject to minimal review by a court.
In the event any litigation should arise between you and Kraido Advocates in any state or legal court in a suit to vacate or enforce an arbitration award or otherwise, you and Kraido Advocates are electing that a judge or magistrate resolve the dispute.
Waiver of Class or Consolidated Actions
All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.
Confidentiality
All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, enforce an arbitration award, or seek injunctive or equitable relief.
Severability
If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed, and the remainder of the Agreement shall continue in full force and effect.
Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Kraido Advocate.
Small Claims Court
Nonetheless, the preceding, either you or Kraido Advocates, may bring an individual action in small claims court.
Claims Not Subject to Arbitration
Notwithstanding the preceding, claims of defamation, violation of the Computer Misuse and Cybercrimes Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to this Arbitration Agreement.
In any circumstances where the previous Arbitration Agreement permits the parties to litigate in court, the parties now agree to submit to the personal jurisdiction of the courts located within Nairobi, Kenya, for such purposes.
The site may be subject to Kenya’s export control laws and may be subject to export or import regulations in other countries. Accordingly, you agree not to export, re-export, or transfer, directly or indirectly, any Kenyan technical data acquired from Kraido Advocates, or any products utilizing such data in violation of Kenya’s export laws or regulations.
Electronic Communications
The communications between you and Kraido Advocates use electronic means, whether you use the site or send us emails, or whether Kraido Advocates post notices on the Site or communicates with you via email. Accordingly, for contractual purposes, you;
- Consent to receive communications from Kraido Advocates in an electronic form.
- Agree that all terms and conditions, notices, disclosures, and other communications that Kraido Advocates provides to you electronically satisfy any legal obligation such communications would satisfy if they were in hard copywriting.
Entire Terms
These Terms constitute the entire Agreement between you and us regarding the use of the Site, KraidoAdvocates.com. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation.”
If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Your relationship with Kraido Advocates is that of an independent contractor, and neither party is an agent or partner of the other.
You may not assign these Terms and your rights and obligations herein, subcontracted, delegated, or otherwise transferred by you without Kraido Advocates’ prior written consent. Any attempted assignment, subcontract, delegation, or transfer in violation of the preceding will be null and void. Kraido Advocates Kraido Advocates may freely assign these Terms. The terms and conditions outlined in these Terms shall be binding upon assignees.
Your Privacy
Please read our Privacy Policy.
Copyright/Trademark Information
Copyright ©. All rights reserved. All trademarks, logos, and service marks displayed on the site are our property or the property of other third parties.
You are not permitted to use these Marks without our prior written consent or the consent of such a third party that may own the Marks.
Changes to these Terms of Use
We may update our terms of use with no prior notice to you. We will make any changes public by posting the new terms on this page.
We advise you to review this document periodically for any changes and continue using our website.
Any changes we make to these Terms of Use are effective once we post them on this page.
Contact Information
P.O. Box: 10743-00100 Nairobi, Kenya
Email: mail@kraidoadvocates.com.
