By using this website, you expressly agree to be bound by, and to comply with, these and any additional or amended terms and conditions McKay Advocates (McKay) may prescribe from time to time. McKay reserves the right to make changes to this website and to these terms and conditions at any time. If you do not agree to all of the terms and conditions, please do not continue to use the website.
The information materials and opinions contained on this website are for general information purposes only, are not intended to constitute legal or other professional advice, and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. You should seek specific legal advice on any matter that concerns you. Any reliance you place on such information is strictly at your own risk and McKay accepts no responsibility for any loss which may arise from reliance on information or materials published on this website. This website is not intended to and does not create any client/advocate relationship between any user and
McKay has taken reasonable measures to ensure the integrity of this website and its contents is accurate and up to date. We make no guarantee about the suitability of the information and services on the website or whether they are accurate or appropriate.
No warranty, whether express or implied, is given that the website; the information, content, tools or materials included on the website; McKay’s servers; or any electronic communications sent by us are free from viruses, trojans, bombs, time-locks or any other data or code which has the ability to corrupt or affect the operation of your system.
McKay will not be responsible for any:
- interrupted, delayed or failed transmission, storage or delivery of information due to a power failure, equipment or software malfunction, natural disasters, fire, labour unrest, or any other cause beyond our reasonable control
- reliance on any of the information, content, tools or materials that is obtained from the website;
- inaccurate, incomplete or inadequate information obtained from the website; or
- links to other websites from the McKay website. You acknowledge that we cannot control the content of or the products offered on those websites.
In no event shall McKay and its partners, associates, employees or suppliers be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use or reliance of this website or any materials or information contained therein.
Such limitation shall also apply with respect to damages resulting from the inability to use this website, the operational failure of this website, or for any information obtained through this website, or otherwise arising out of the use of this website, whether based on contract, delict, strict liability or otherwise, even if McKay and/or any of its partners, associates, employees or suppliers have been advised of the possibility of damages.
You agree to fully indemnify McKay, its partners, associates, employees or suppliers and will not hold us responsible for any claim relating to your use of the website or from any errors or inaccuracies or incomplete information made available by third parties on the website.
Violation and waiver
If you breach any of these terms and conditions or any other rights of McKay, we reserve the right to pursue any and all legal and equitable remedies against you. If we should fail to enforce any right or provision in these terms and conditions, you agree that this failure does not constitute a waiver of such right or provision or of any other rights or provisions in these terms and conditions.
If a court should find that one or more rights or provisions set forth in these terms and conditions are invalid, you agree that the remainder of the terms and conditions shall be enforceable and that, to the extent permitted by law, the court shall give effect to the parties’ intentions, as reflected in any such right or provision that has been declared invalid or unenforceable.
These terms and conditions shall be governed by, and construed in accordance with, the laws of the Republic of Kenya without giving effect to the principles of conflict of laws. You hereby consent to the exclusive jurisdiction of the High Court of the Republic of Kenya in respect of any disputes arising in connection with this website.
McKay respects your privacy and your personal information and for this reason, we take care to protect your personal information and to keep it confidential. Whenever you use this website, contact McKay electronically or use any of our services or tools provided on the website, McKay will collect your personal information. Your personal information will be collected for the following purposes:-
- for McKay to act on or respond to your instructions or requests;
- providing legal services;
- anti-money laundering compliance;
- processing employment applications;
- for sending you marketing and other business development related material which McKay believes may be of interest to you;
- for purposes of market research; and
- audit and compliance usage of the website.
Whilst each member firm will continue to preserve their respective clients’ confidentiality and legal professional privilege, information will be shared within McKay a for purposes of determining whether there are any conflicts as well as for client relationship management, practice management, research, training and development and for general administrative purposes.
Except as provided above, we do not share personal information with third parties unless the person who has submitted the information has authorised us to do so or if we are required to by law. You accept that we may store your personal information outside of the region or country that you may submit or use it in.
Links to other websites
During the use of this website, links to websites that are owned and controlled by third parties may be provided from time to time for various reasons. Such links may direct you to a third party website.
The websites you can link to have their own separate terms and conditions as well as privacy policies. McKay is not responsible and cannot be held liable for the content and activities of such websites. You therefore visit or access the websites entirely at your own risk.
In terms of anti-money laundering and counter terrorist financing legislation, we are required to obtain formal evidence of your identity together with supporting documentation before we can act and may also conduct checks using external electronic databases for this purpose. We are obliged to report suspicions of money laundering activity to our money laundering compliance officer or to the relevant external authorities, or both. We may have to stop work on a matter and may not be allowed to tell you if we make such a report. We will not be liable to you for the consequences of any such report made in good faith.
Anti-bribery and anti-corruption
McKay has in place anti-fraud and anti-corruption policies and procedures. There is a zero tolerance to bribery or corruption by, or on behalf of, any member firm. These policies apply to all McKay partners, associates and employees, and to third parties providing services on our behalf.
McKay requires partners, associates and employees to act honestly and with integrity at all times. Fraud or corruption by partners, associates or employees could violate applicable laws, present a threat to McKay and will not be tolerated in any circumstances.
Intellectual property rights
All information, databases and software included on this website are the property of McKay or its content suppliers and protected by local and international copyright laws.
Furthermore, the compilation (meaning the collection, arrangement and assembly) of all content on this website is the exclusive property of McKay and is protected by local and international copyright laws.
Without derogating from the above, we authorize you to view, copy, download to a local drive, print and distribute the content of this website, or parts thereof, provided that:
- such content is used for information purposes only;
- such content is used for non-commercial purposes (you are expressly prohibited from incorporating any of the material from this website in any other work, publication or website of your own or belonging to another entity);
- any reproduction of material from this website or portion thereof must include this notice in its entirety;
- such content is not modified in any way;
- Our status (and that of any identified contributors) as the authors of content on this website is acknowledged; and
- the mailing of our publications is not intended to create, and receipt of them does not constitute, an attorney-client relationship. The views set forth therein are the personal views of the author and do not necessarily reflect those of the law firm with which he or she is associated.
Term and Termination
These terms and conditions between McKay and you are concluded for an indefinite period. You are entitled to terminate the contract at all times by permanent deletion of the website data stored on your devices.
McKay is entitled to terminate the contract at all times and with immediate effect (by disabling your use of the website) if you:
- in the opinion of McKay, misuse the website services.
In addition, McKay may terminate the contract if, in its sole judgment, you reside in a location that it deems unsafe to avail the website access. McKay is not obliged to give any notice of the termination of the contract in advance.
Please contact us at firstname.lastname@example.org with any questions regarding these terms and conditions.
McKay Advocates is a registered trademark.