Website Terms of Service

1. The Website and these terms

These terms govern use of https://nnkari-advocates.co.ke (the "Website"), operated by Nelson Nkari & Company Advocates ("the firm", "we", "us" or "our"), a law firm practising in Kenya. They cover access to information, publications, enquiry functions and other Website features we make available.

Please read these terms before using the Website. By using a feature for which these terms are clearly presented and validly accepted, you agree to the terms applicable to that use. Where a particular transaction requires express acceptance, we will request it at that stage. These terms apply only to the extent incorporated and enforceable under applicable law.

If you do not agree, please discontinue the relevant use. You may still contact us through an appropriate alternative channel.

Our office location is Nairobi, Kenya. Our postal address is P.O. Box 22810-00505, Nairobi, Kenya. Please contact us to arrange an in-person appointment. Website and privacy enquiries may be sent to privacy@nnkari-advocates.co.ke, which will route non-privacy enquiries to the appropriate person.

2. General legal information

Articles, briefings, presentations, newsletters, event materials and other Website content provide general information. They may describe only selected aspects of a subject and may reflect the law or circumstances at the date shown.

They do not provide advice tailored to your facts. Obtain advice from an appropriately qualified professional before acting or deciding not to act on the material. A change in law, court decision or factual circumstance can affect its relevance.

Unless expressly stated otherwise, references to law concern Kenya. Access from another country does not mean we are authorised to practise there or that Kenyan law is suitable for your situation.

Examples, previous work and descriptions of outcomes do not guarantee a result. Any reference to a client or matter remains subject to applicable permissions and confidentiality duties.

3. When we accept instructions

Browsing, downloading a publication, subscribing to updates, registering for an event or submitting an enquiry does not itself create an advocate-client relationship.

Before accepting a matter, we may need to check conflicts, confirm the persons involved, understand the scope, undertake required identity or compliance checks and agree the engagement terms. We confirm acceptance and scope through an engagement letter or another express agreement made by an authorised advocate of the firm.

An automated reply, scheduling confirmation or preliminary discussion is not confirmation that we have accepted responsibility for a matter. Any duties imposed by law or professional conduct rules apply according to the circumstances.

Our engagement agreement governs agreed legal services, fees, responsibilities, client money and termination. If it conflicts with these Website terms on those services, the engagement agreement takes priority, subject to mandatory law and professional obligations.

4. Urgent matters, deadlines and notices

Do not rely on a Website form, subscription reply or ordinary email to secure urgent advice or meet a deadline. We cannot promise immediate review or a response within a particular period unless we expressly agree it.

Until an authorised advocate confirms otherwise, you remain responsible for protecting limitation periods, filing dates, hearing dates and other time-sensitive interests.

The general Website contact channels are not designated channels for service of proceedings or formal statutory notices merely because they are displayed online. Service is governed by applicable law, court rules and any express agreement. These terms do not defeat service that is otherwise legally valid.

If you believe a matter is urgent, use the firm's verified contact details and obtain express confirmation that it is being handled.

5. Enquiries, confidentiality and privilege

For an initial enquiry, provide a short description and enough information for an initial conflict check. Avoid sending detailed evidence, original documents, identity records or sensitive third-party information until we confirm a suitable channel.

We handle information received in accordance with applicable law, our professional duties and the Privacy and Cookie Policy. The legal protection of a communication depends on its circumstances. These terms do not waive, exclude or reduce confidentiality or legal professional privilege where either applies.

Ordinary internet communications carry risks. We may agree secure delivery arrangements where the material requires them. Please verify payment instructions or an unexpected request for sensitive information through a known, independently verified contact method.

Submitting information gives us permission only to use it as reasonably necessary to receive, secure, assess and respond to the enquiry, subject to privacy law and professional duties. You retain any rights you have in your material. It does not give us a right to publish it or use it for promotion.

6. Permitted use of content

The firm or its licensors owns the rights in Website text, branding, graphics and other protected material, except where otherwise identified. Rights in legislation, judgments and third-party material remain governed by their applicable legal status and terms.

You may access, download and print reasonable extracts for personal reference or internal professional use. Keep attribution and copyright notices, accurately identify the source and date, and avoid presenting an altered extract as our advice or endorsement.

For republication, commercial redistribution, reuse of branding or systematic collection of substantial protected material, obtain permission unless applicable law or an express licence already permits the use. Statutory exceptions and public rights in legal materials remain available.

You may link to a publicly available page in a lawful and fair manner. Do not imply a relationship, endorsement or approval that does not exist, or frame content so that its source is misleading.

7. Responsible use

Use the Website lawfully and respect the rights of others. In particular, do not:

Introduce malware, attempt unauthorised access, bypass security controls or interfere with availability.

Submit false impersonations, unlawful threats, harassment, spam or material you have no lawful right to disclose.

Seek access to private files, another person's enquiry or non-public administration functions.

Use automated requests in a way that materially disrupts the Website, defeats access controls or unlawfully exploits protected material or personal data.

Misrepresent the firm's content as personalised advice or claim the firm has accepted instructions when it has not.

A good-faith security report should be sent to privacy@nnkari-advocates.co.ke with enough detail to investigate. Do not access additional personal data or continue testing beyond your authority.

8. Forms, registrations and optional services

Provide accurate information and update material errors. If you act for an organisation or another person, ensure you have authority for the relevant request and a lawful reason to provide their information.

We may acknowledge a registration or request electronically. An acknowledgement does not necessarily confirm a place, booking or engagement. The relevant confirmation states what has been accepted.

If we offer an event, training programme, paid booking, digital product or other transaction, its specific terms will identify the organiser, scope, price and applicable taxes, payment process, cancellation and refund rules, delivery arrangements and any eligibility requirements before you commit. Applicable mandatory consumer rights remain available.

These Website terms do not create an unspecified fee, cancellation charge or automatic renewal. A request to register interest carries no payment obligation unless you separately agree one.

Any future client portal or account feature will have additional access and security terms presented before use. Do not assume that a general Website form is a secure client portal.

Where a programme involves recordings, photographs, accessibility information or attendance sharing, we explain the relevant processing and obtain any required permissions separately.

9. Privacy, cookies, analytics and recordings

Our Privacy and Cookie Policy explains personal data processing, cookies, analytics, separately consented masked recordings and your rights. It is available through the Website’s privacy link. Optional analytics and recordings are not currently enabled.

We obtain prior, specific permission for optional analytics, recordings and embedded-video technologies. Analytics does not retain raw IP addresses, but pseudonymous grouping and other data can remain personal data. Agreement to these terms, an enquiry or continued browsing does not provide analytics, recording or marketing consent. Recordings require their own explicit opt-in, mask identifying information and form contents, and are never linked to submitted names or enquiries.

You can accept or reject optional cookies, choose available purposes separately, and later change your choice through the "Cookie settings" link. Strictly necessary cookies remember your privacy choice and support requested secure staff functions. Cookie-free technical processing needed to deliver and protect the Website is explained in the policy. Core browsing and enquiry submission remain available when optional tracking is declined.

If a Website term appears inconsistent with a mandatory privacy right, that right prevails. These terms do not authorise sale of personal data, unrestricted use of enquiry information or a waiver of data-protection remedies.

10. External websites and providers

The Website may link to legal databases, public bodies, professional resources or third-party platforms. Links are provided for convenience. We do not control the content, security, availability or terms of an independent service.

Check the destination and its terms before providing information, downloading material or making a payment. A link does not by itself establish endorsement, partnership or responsibility for the destination.

Where we appoint a provider to process personal data on our behalf, our data-protection responsibilities remain governed by applicable law. This section does not displace those duties.

11. Availability and changes to the Website

We take reasonable care in maintaining the Website, but cannot guarantee continuous access, compatibility with every device, or freedom from every error or security threat. We may maintain, correct, update, suspend or withdraw a Website feature.

We aim to make material changes proportionately and give notice where reasonably practicable. Urgent action may be necessary to protect security or comply with law.

Keep your own copy of material you need for reference and note its date. A publication's continued availability does not mean it has been reviewed against every subsequent legal development.

Suspension of a public Website feature does not itself terminate an existing legal engagement or remove obligations under an agreed booking.

12. Responsibility and limits

We take reasonable care over Website content, but general publications may contain errors, omissions or outdated information. Subject to mandatory law, we do not promise that general information is complete, current or suitable for a particular purpose.

To the extent permitted by law, we exclude liability for indirect or consequential loss, or loss of profit, revenue, business opportunity or anticipated savings, arising from use of or inability to use the public Website. This exclusion applies only where lawful and reasonable in the circumstances.

Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, wilful misconduct, death or personal injury caused by negligence, or any liability that applicable law does not permit us to exclude or limit.

Nothing here limits professional duties or liability for legal services beyond what is lawfully agreed in the applicable engagement. It does not waive data-protection rights, confidentiality, privilege, mandatory consumer protections or access to a regulator or court.

We do not impose a general obligation on Website users to indemnify the firm for every claim or loss. Responsibility for unlawful conduct is determined under applicable law.

13. Restricting access

We may restrict access where reasonably necessary to address a material breach of these terms, unlawful use, a security risk or a legal requirement. Where appropriate and lawful, we will give the reason and an opportunity to correct the issue.

You may stop using the Website at any time. Clauses intended to continue, including content rights, confidentiality protections, lawful responsibility limits and dispute provisions, continue to apply to earlier use to the extent enforceable.

An access restriction does not remove statutory rights or obligations owed under an existing engagement.

14. Complaints, governing law and disputes

Contact privacy@nnkari-advocates.co.ke with a Website complaint and sufficient details for it to be routed and investigated. We encourage an attempt to resolve the issue by discussion.

Kenyan law governs these Website terms, subject to any mandatory law that applies to you. Disputes concerning these terms may be brought before a court of competent jurisdiction in Kenya, subject to any overriding jurisdictional or consumer protection rule.

The parties may agree to mediation after a dispute arises. These terms do not impose mandatory arbitration or require you to give up a lawful court or regulatory remedy.

Privacy complaints may be made directly to the Office of the Data Protection Commissioner through https://www.odpc.go.ke/file-a-complaint/. Professional complaints may be raised through the applicable statutory or professional process. Contacting the firm first is not a condition of exercising those rights.

15. Changes and general provisions

We may update these terms and will display the revised effective date. Material changes will be brought to users' attention appropriately. Changes apply prospectively, subject to valid incorporation and any legally required acceptance. They do not rewrite an existing engagement or completed transaction without the agreement or other lawful basis required for that change.

If a provision is invalid or unenforceable, the remaining provisions continue so far as they can lawfully operate. A delay in enforcing a right does not itself waive it.

These terms, together with any validly accepted feature-specific terms, govern use of the Website. They do not override a separate engagement, mandatory law, professional duties or the permissions needed for optional personal data processing.

For questions about these terms, write to privacy@nnkari-advocates.co.ke.