PATAWAKILI TERMS AND CONDITIONS

This web site (the "Site") is published and maintained by The Shamerim Group of Companies Limited (hereinafter referred to as "Patawakili"), a Kenyan Company Limited by Shares and registered under the Companies Act of 2015. Once you register, access, use or browse this Site you accept, without limitation or qualification, the terms and conditions ("Terms") set forth below. These Terms provided by Patawakili includes your accessibility to the services, platform and websites (collectively, "Services"). Along with the Terms, you are also bound by our Privacy Policy. Usage of our Services by any Service Provider implies that they are agreeing to these Terms.

Patawakili provides its services to bridge the access to Justice Gap in Kenya by:

  1. Link in real time Consumers of Legal Services-Clients and providers of Legal Services-Advocates, Process Servers and Arbitrators (hereinafter referred to as "Service Provider");
  2. Provide verified and up to date profile of Advocates, Process Servers, Arbitrators and Law Firms including where applicable areas of Specialization;
  3. Provide Convenient adaptable ProBono Service Module;
  4. Justice Loan-Loan system for Legal Services that integrates with Mobile Money platforms;
  5. Justice Grant- A system where users satisfying pre-defined criteria may access Grant that would cover legal fee and any related disbursement as per terms indicated in the Grant;
  6. Bimawakili Product-Insurance solution for all one’s Legal needs subject to terms and condition underwritten by Insurance Service Providers and that integrates with Mobile Money;
  7. Offer the advo-presence services helping the users find an appropriate advocate, Process Server or Arbitrator within 30 Miles of their own location;
  8. A robust, reliable, convenient and in real time Holding Brief Module for use by Advocates that leverages on GPS Technology;
  9. Secure Informational Forum for Users;
  10. 360 Degree reliable and Confidential Patawakili Service Star Rating System (PSSRTS) for review of quality of services.

The term "you" or "user" (along with all its grammatical variations) refers to any person (including Service Providers and Clients) who are registered with us and have access or ability to use and browse through this Site.

These Terms and any additional terms posted on this Site together constitute the entire agreement between Patawakili and you with respect to your use of this Site.

 

1. Content.

Patawakili promises you that as long as you dont interrupt or attempt to interrupt the operation of this site, we shall grant you a non–exclusive, personal, non–transferable, royalty-free and limited right. Privileges and access rights will be based different class of users i.e. Service Providers, Users and Guest users. Service Providers will fill a form with certain details such as Admission Number, Practicing Number, Certificate Number, License Number among others. They shall also upload the same into the Application for verification. If certain mandatory information is not provided by you then access to the site as a verified member will not be provided. You represent and warrant that all the information or material that you supply to us, about yourself, and others, is true, updated, complete and accurate.

This Site provides sending and receiving of messages or any material or communications that are proper, related and agreed between the Service Provider and Client. In this regard, they agree not to host, display, upload, modify, publish, transmit, update or share any information on, or using any of the facilities or services provided by the site, that:

  1. You do not have any right on that information as it belongs to another person;
  2. Is unsolicited or unauthorized advertising, promotion or any other form of solicitation or is ‘junk mail’, ‘spam’ etc.;
  3. It is grossly harmful, invasive of another's privacy, harassing, paedophilic, blasphemous, defamatory, obscene, racially, pornographic, libelous, hateful or ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
  4. Is harmful for minors in any way;
  5. Causes infringement of any patent, trademark, copyright or other proprietary rights of any third party;
  6. It causes violation of any law for the time being in force;
  7. Deceives or misleads the addressee about the origin of such messages or communicates any information which false, is grossly offensive or menacing in nature;
  8. Impersonate another person;
  9. Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  10. Threatens the unity, integrity, defense, security or sovereignty of Kenya, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence; or
  11. It acts as a hindrance or prevents investigation of any offence or is insulting or defaming any other nation.

 

2. Services Provided by Patawakili.

Patawakili is not a, an Advocate, a Process Server, Arbitrator, Insurance Company, nor a Law Firm. Patawakili is a for Linking Service Providers and users. The information provided by us along with the content on our site related to legal matters ("Legal Services") is only for private use and does not pertain to any legal advice, or Service from our side. 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.

 

3. Interactions with The Professionals

When you use our Services, you will have the opportunity to initiate contact with a Service Provider. Service Providers are neither employees nor agents of Patawakili. Service Providers are third-party independent contractors that have subscribed to the Application to offer and source for clients through the application. Communicating with a Service Provider through Patawakili is required. To communicate with a Service Provider through Patawakili, following points needs to be kept in mind:

  1. When you contact a Service Provider through Patawakili, he or she may provide you with an initial consultation, legal review of your forms or documents, or may provide you with solutions to your legal query. Please note that any such interaction between you and the Service Provider is intended to be a beginning in dealing with your legal matter or in addressing your basic legal questions and any professional-client relationship formed during the course of that interaction excludes Patawakili and will be strictly between you and the Service Provider;
  2. When a Service Provider is contacted by you through Patawakili, they may ask you some information regarding you and your Legal Issue in order to properly understand and address your query. By using our Services, you consent to sharing such personally identifying information for the purpose securing legal Service with both the requesting Service Provider and with Patawakili. We will have access to any and all communications that take place or our submitted through our site for quality assurance purposes;
  3. When you contact a Service Provider through Patawakili, you control both the duration and depth of the interaction. Any Professional-client relationship formed during the course of that interaction may, at your option, either (i) end when the interaction with the Service Provider ends, or (ii) continue if you wish to engage the Service Provider for further legal services;
  4. If you wish to create a Professional-Client relationship with a Service Provider that extends beyond your use of our Services, that relationship should be established on your and that Service Providers terms. Those terms do not involve Patawakili and, except for pre-negotiating special discounts for our members, we do not set, control or influence them. For example, the Service Provider may ask you to come into an agreement regarding the scope of work that will performed by the Service Provider which will also include the cost of their legal services, and Disbursements they may incur;
  5. We will compensate the Service Provider for any and all services that are availed by you. We assure you that our network has no share in the fees collected for any Service Provider. In all dealings, we will not influence or interfere with any Service Provider’s judgment. Service Provider has sole discretion and therefore holds the right to not perform any services for you. We are an information provider and does not endorse or recommend any professional, including any of the Service Provider. We make no representation or warranty as to the qualifications or competency of any Service Provider or as to the accuracy or completeness of any Service Provider’s work. PATAWAKILI SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY SERVICES RENDERED BY ANY SERVICE PROVIDER YOU ENCOUNTER ON OR THROUGH OUR SITE, AND ANY USE OR RELIANCE ON SUCH SERVICE PROVIDER SERVICES IS SOLELY AT YOUR OWN RISK.

 

4. Service Providers Profile on Our Website.

The profiles on our website are Service Providers outline of themselves and should be interpreted as such. Patawakili does not investigate, verify or warrant the accuracy of any material or information contained in any Professional’s profile on our site. Patawakili however verifies information given by Advocates using the Advocates Search Engine. Service Providers are third-party independent contractors and are solely responsible for the representation, advice and services that they provide you. It is your duty to assess the quality, integrity, suitability and trustworthiness of the Service Provider with whom you communicate regarding your legal Services. You will be solely responsible for all the decisions that you make.

 

5. Patawakili Rights.

Unless the information provided is for the purpose of rendering or receiving of service on the Site, any communications or materials you send to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions, surveys, contests, or the like, shall, subject to the Privacy Policy, be treated by Patawakili as non–confidential.

 

7. Ownership Rights.

Patawakili retains all right, title and interest in and to its services and all materials on this Site, including but not limited to audio-visuals, images, software, text, icons graphics, illustrations, logos, service marks, photographs, videos, music, designs, any legal document, all related intellectual property rights and all other content found on our website (the "Service Content"), are protected by copyright and other applicable laws. You cannot use the Service Content, except as specified herein. You agree to follow all instructions on this Site limiting the way you may use the Service Content. All the proprietary logos, service marks or trademarks found on this Site are owned and licensed to Patawakili. By displaying them on this Site, we are not granting you any license to utilize those proprietary logos, service marks, or trademarks.

Patawakili is registered by Kenya Copyright Board which is a State Corporation established under Section 3 of the Copyright Act Cap 130 of the Laws of Kenya to administer and enforce copyright and related rights in Kenya. Any service names or slogans displayed on our Site are trademarks of Patawakili. Our prior consent will be required for you to duplicate or use any of our services in whole or in part. Also, the look and feel of Patawakili is the service mark, trademark and/or trade dress which you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies/firms you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as granting of any license or right to use any of our trademarks displayed on our Site.

All goodwill generated from the use of our trademarks is reserved for the use of Patawakili, exclusively.

If you believe that any material on our website infringes upon any copyright which you own or control, you may file a complaint for Alleged Infringement and send it to:

THE SHAMERIM GROUP OF COMPANIES

P.o. Box 52162-00200, Nairobi Kenya

E-mail: info@patawakili.com

Website: www.patawakili.com

We may respond to the complaints of alleged infringement and terminate the accounts of those repeated infringers.

 

8. Preservation of Your Documents.

We do not claim ownership or any other right over any document that you either create or upload using our Services ("Documents"). We may preserve or disclose these documents only when required under 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 Patawakili, its users and the public.

 

9. Links to Third Party Sites.

This website 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. We do not sponsor and are not legally associated with any third party "Linked Sites". We are not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

We do 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. We are 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) we 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) We do not warrant or support any service provided by the third party.

 

10. Security of Transmitted Materials.

Internet transmissions are never completely private or secure despite Patawakili embracing Banking Grade encryption of all data. You understand that any message or information you send to this Site may be read or intercepted by others unless there is a special notice that a particular message (for example, credit card information) is encrypted (send in code). Sending a message to us will not cause any special responsibility towards you.

 

11. Disclaimer.

The information contained on this Website (https://patawakili.com) is for general information purposes only. The information and services made available through Patawakili may include inaccuracies or typographical errors. Patawakili and/or its suppliers may at any time make improvements or changes to our Services. Any reliance you place on such information is therefore strictly at your own risk. In no event shall we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits are arising out of, or in connection with, the use of this website.

When you access any links to third party sites through this Site, then such third party site may have its own terms and conditions of use which is specific to it and you will therefore be bound by those terms. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

To the fullest extent permitted by law, we 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. The 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 Service Provider for specific advice tailored to your situation.

To the fullest extent permitted by law, in no event will we 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 we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose.

Service Provider or any other ratings displayed on this website are intended as only general guidelines, and we do not guarantee the accuracy of the ratings. We do not make any guarantees about the availability of certain Service Providers for specific services. We may make improvements and/or changes on this website at any time.

We do not warrant that the functions contained in this site will be uninterrupted or error free, that the defects will be corrected, or this site or the servers that make it available are free of viruses or other harmful components, but shall endeavour so to ensure your fullest satisfaction.

Every effort is made to keep the website up and running smoothly. However, we do not take any responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

 

12. General Provisions.

  1. You may choose to avail our services entirely at your cost and consequences;
  2. Patawakili does not represent or warrant that those services under such categories are advisable or without risk. We do not accept liability for damages, losses, or delays that may result from your choice of services;
  3. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Service Provider or for any loss, damages including property damage, or other damages or expenses resulting there from;
  4. The credentials of the Service Providers contained in the website are as provided by the respective Professionals;
  5. Patawakili reserves its exclusive right in its sole discretion to alter, limit or discontinue the Site or any material posted herein, in any respect. We shall have no obligation to take the needs of any User into consideration in connection therewith;
  6. We reserve the right to deny in its sole discretion any user access to this Site or any portion hereof without notice;
  7. No waiver or delay in exercising a provision by Patawakili of any provision of these Terms and Conditions shall be binding except as set forth in writing and signed by its duly authorized representative;
  8. The provisions of this Agreement are severable and if any provisions of this Agreement are held to be invalid or judged unenforceable, the remaining provisions will be enforceable and shall remain in full force regardless of such invalid or unenforceable provisions;
  9. We may add to, change or remove any part of these Terms or any other content (including features and specifications of the services) described or depicted on the Site, temporarily or permanently at any time, without notice. Any changes to these Terms or any terms posted on this Site apply as soon as they are posted. By continuing to access, browse and use this Site after any changes are posted, you indicate your acceptance of those changes.
  10. We reserve the right to undertake all necessary steps to ensure that the security, safety and integrity of our systems, as well as our client’s interests, are and remain, well–protected.

 

AVAILABILITY - The services displayed on the Site does not imply or warrant that the services provided by the Service Provider will be available at any time in your particular geographical location, but these services can be availed through telephonic conversation or through mail.

 

13. Modifications.

We may revise these Terms from time to time, and will always post the most current version on our site. 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.

 

14. Cancellation of Services.

We understand that there may be a scenario wherein canceling of Services is the only possible solution. We hold the right to cancel, modify or discontinue your Services, either temporarily or permanently for any reason and at any time without prior notice, 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 we choose to deactivate your account, we shall provide you with a notice at your registered email address. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of our Services to you. Therefore, cancellation of services shall be based on the following scenarios:

 

15. Wrong Services are Chosen.

Though on our site a description of all the Service Providers have been provided but a scenario may occur wherein services may be incorrectly or by mistake availed by you and you may choose to cancel such Services. For that, you may reach out to us via e-mail so that we may direct you to the Service Provider that will best suit your requirements. Please note that your Services shall not be cancelled if you have availed those services based on our advice.

Also, intimation for cancellation needs to be given within two (2) working days from the date of availing those services. On expiry of the above-mentioned period no cancellation will be entertained.

 

16. Service Provider is unable to take on the Services

If at any time the Service Provider selected by you is unable to fulfill your request owing to other assignment commitments which excludes him/her from performing to the best of his/her ability for your Services. If this scenario occurs, you may intimate us and we shall provide you with a second Service Provider who may have qualifications identical or similar to the Service Provider whom you initially chose. If such a second Service Provider not be available, we will take in your request to cancel the Services.

Please note that you are required to intimate us of the Service Provider's unavailability within 2 working days of placing a request. Should we not receive such intimation, we shall assume that the Service Provider you have chosen would be providing you the services that you ordered.

 

17. Membership Downgrade.

You are free to stop using our Services at any time. In addition, we shall reserve the right to downgrade your account without prior notice. Please note that your ability to access the documents that you created on this Site will not be affected after you downgrade your membership.

 

18. Indemnity and Release.

You agree to release, indemnify and hold Patawakili and our respective Management, its employees, directors and related agent harmless from any and all losses, damages, expenses, including reasonable professional's 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.

 

19. Dispute Resolution by Binding Arbitration.

(Please read this section carefully, as it affects your rights.)

If any dispute arises while you avail our Services or thereafter, in connection with and arising from your use or attempt to use of our Services, such dispute, controversy or claim arising out of or in connection with this Agreement, including any question regarding its interpretation, existence, validity or termination shall be referred to and finally resolved by arbitration in accordance with the provisions of the Arbitration Act, 1995. The arbitration proceedings shall be in the English language. Any dispute shall exclusively be subject to the jurisdiction of the appropriate Courts in Kenya.

 

20. Applicable Law.

The Terms will be governed by Kenyan Laws except for its Conflicts of Laws Principles. We assume no liability or responsibility arising from violation of these terms. We will fully cooperate with any Law Enforcement Authorities or Court Order requesting or directing Patawakili to disclose the identity of anyone posting such materials.

 

21. Waiver, Severability and Assignment.

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

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