Terms & Conditions

Welcome to www.davidayuoadvocates.com (“Service” or “Site”) owned and operated by David Ayuo Advocates LLP (“David Ayuo Advocates LLP”). By clicking “I Agree” on the account registration or payment page or using the Site in any way, you are agreeing to comply with and be bound by this Agreement, the Privacy Policy and Lawyer Agreement for Lawyers (collectively “Related Agreements”), and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively “Terms”). If you do not agree with all the Terms, do not use the Site. Please review all of the Terms carefully before using the Site. The User may not access, display, use, download, and/or otherwise copy or distribute Content obtained on the website for marketing and other purposes without the consent of David Ayuo Advocates LLP.

By using the Site, you (i) agree to be bound by the Terms and (ii) represent that you are over the age of 18 and able to form legally binding contracts.

In the Terms, “User,” “you” and “your” refer to the individual or entity that creates a David Ayuo Advocates LLP account as a Customer and/or Lawyer. “David Ayuo Advocates LLP,” “we,” “us” and “our” refer to David Ayuo Advocates LLP. “Customer” refers to the person who asks a question on the Site. “Lawyer” refers to the person who answers a question on the Site.

When you visit www.davidayuoadvocates.com or send us e-mails, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to provide us with, and maintain in your David Ayuo Advocates LLP account profile, your current and active email address.

David Ayuo Advocates LLP may change, revise or modify any of the Terms at any time by posting them on the Site. Changes shall automatically be effective upon posting; provided, however, that material changes to the Terms will be effective thirty (30) days after notice to User, either via email from info@davidayuoadvocates.com  to your email address on file with David Ayuo Advocates LLP or via other means including but not limited to a pop-up or banner, message or other conspicuous notice on the David Ayuo Advocates LLP website. If you specifically agree to the new terms, your agreement will be effective immediately. You agree to make any and all necessary arrangements so that you (and not your spam filter) receive all emails from these email addresses. Your continued use of the Service will signify your acceptance of the changes. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Site. The latest Terms will be posted on the Site, and you should always review them prior to using the Site.

David Ayuo Advocates LLP Site is a venue for informational and educational purposes to allow Customers to ask questions and Lawyers to answer them. Users of the Site, not David Ayuo Advocates LLP, provide the content in Posts (defined below). The Lawyers determine which questions to answer; Lawyers are not employees or agents of David Ayuo Advocates LLP but are, like Customers, simply Users of the Site.

David Ayuo Advocates LLP is not involved in the conversation between Customers and Lawyers and does not refer Customers to or endorse or recommend particular Lawyers. You acknowledge that David Ayuo Advocates LLP cannot and does not edit, modify, filter, screen, monitor, endorse or guarantee the content of Posts. Accordingly, David Ayuo Advocates LLP is not liable for any acts or omissions of Lawyers, content in Posts, the ability of Lawyers to answer questions or the ability of Customers to pay for answers. We cannot ensure that a Customer or Lawyer will complete a transaction. Notwithstanding the foregoing, David Ayuo Advocates LLP reserves the right, but is not obligated, to refuse to post or to remove any content.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues) should be directed immediately by telephone or in-person to qualified professionals. The Site is not the appropriate venue to deal with such situations.

The Site is an Internet-based forum (akin to a modern version of a radio call-in program) and information submitted in the content of your questions, answers, requests for information, responses, profiles, signatures, qualifications, comments, and posts in the Lawyer Forum and other places where Users communicate on the Site (collectively “Posts”) is not private or confidential, nor is it protected by attorney-client privilege, and it may be read, collected, and used by others. For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.co.za, your questions, answers, and other Posts on salegaladvice.co.za that relate to the search may appear in the google.co.za search results list). To better protect your privacy, use an anonymous user name and do not include_once information regarding your identity or contact information in your Posts.

The Website www.davidayuoadvocates.com enables Customers to obtain legal advice from qualified Lawyers online. The use of the service bought from this Website is at the Customer’s risk. The Customer / user indemnifies and holds David Ayuo Advocates LLP harmless against any loss, injury or damages which may be sustained as a result of using the services sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details will be kept in the strictest confidence by the David Ayuo Advocates LLP and not sold or made known to third parties. Credit card details are not kept by David Ayuo Advocates LLP under any circumstances.

David Ayuo Advocates LLP cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Online Payment – MyGate Payment Gateway All online credit card payments are processed by the MyGate Internet Payment Gateway. Card Holders may go to www.mygate.co.za to view MyGate security policy.

Privacy: casual surfing The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. David Ayuo Advocates LLP uses this information to determine use of the Website, and to improve Content thereon. David Ayuo Advocates LLP assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Every Lawyer on the Site is a qualified practising Lawyer in Kenya, and is somebody who has been admitted by the High Court of Kenya as a Lawyer or Advocate. Details regarding the credential(s) for each Lawyer can be found by clicking the “What’s This” link next to the “Verified” logo associated with each Lawyer. Other information about a Lawyer, not shown as verified, has been provided by the Lawyer but has not been verified. Use of the term “Lawyer” by David Ayuo Advocates LLP and on the Site is only meant to describe Lawyers who answer questions on the Site, and not to guarantee any particular level of expertise of the Lawyers.

David Ayuo Advocates LLP performs the verifications described above. David Ayuo Advocates LLP makes efforts to verify, including using a third-party identity verification service, but cannot warrant or guarantee, a User’s purported identity; user identification on the Internet is difficult. For these reasons, David Ayuo Advocates LLP cannot and does not represent, warrant or guarantee the truthfulness or accuracy of the credentials or identities of and provided by Users including Lawyers. David Ayuo Advocates LLP will not be liable for any loss or damage caused by your reliance on any information or content contained in Posts.

Answers on this Site are to be used for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, tax, financial, etc.) advice. Lawyers in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a User. By answering questions, Lawyers do not form attorney-client relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Lawyers in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site.

Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, do not involve in-person evaluations or visits, and do not include_once safeguards and procedures typical of in-person evaluations and visits.

Before you can interact with an Advocate, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms of Service.

User Accounts. When you register as a User on the Site, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, password and account data, may not share this information or your account with anyone else, and will be solely responsible for all acts or omissions that occur under your account. You will immediately notify David Ayuo Advocates LLP of any unauthorized use of your password or account. You should only create one account on the Site. If any David Ayuo Advocates LLP account of yours has been suspended or terminated, you may not open another account on the Site.

You agree to keep your contact and billing information (including but not limited to email address) up-to-date, and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active David Ayuo Advocates LLP accounts.

Restricted Activities. You agree that any content you provide on the Site and your use of our Site shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party’s proprietary rights or rights of publicity or privacy; (c) be illegal or violate any law, statute, ordinance, regulation or ethical code; (d) be competitive with David Ayuo Advocates LLP or the Site; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content; (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; or (i) link directly or indirectly to or include_once descriptions of goods or services that (aa) are prohibited under the Terms; or (bb) you do not have a right to link to or include_once . You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system or the content on the Site without David Ayuo Advocates LLP’ prior written consent.

You are prohibited from soliciting Users of this Site, including Lawyers, for any purpose (including inviting other Users to contact you off of the Site or inviting Users to participate in a website that competes with David Ayuo Advocates LLP or the Site or charges money to receive answers or to communicate with purported Lawyers or specialists).

Suspension or Termination of Service. If you wish to terminate your service, you may do so by furnishing us with written notice of your decision. Your notification must be sent via e-mail to info@davidayuoadvocates.com. Cancellations will be effective within 7 business days. Any fees accrued as of the effective date of termination will be payable according to the Terms.

At any time, without notice, for any or no reason, David Ayuo Advocates LLP reserves the right to refuse service to anyone, to modify and discontinue any portion or all of the Service, and to restrict, suspend and terminate Users’ accounts.

David Ayuo Advocates LLP’s platform allows you to post your questions to Lawyers in your questions’ categories, facilitates communication with Lawyers via chat, emails and online message boards, and enables delivery of answers to your questions, among other services (“Site access benefits”).

Pay-Per-Question. With the pay-per-question model, you select the price that you are willing to pay for the Site access benefits related to a single question. Once you have selected the price and paid the amount, your question can be posted on David Ayuo Advocates LLP. Lawyers typically respond quickly, either with a request for further information or with an answer. With requests for further information, it is important that you take advantage of the opportunity to communicate directly with the Lawyer so the Lawyer can benefit from your further information in providing the answer.

Once you receive an answer from a Lawyer, you will be asked whether you found the answer to be helpful and would like to accept it. You are requested to accept the answer if you find it to be helpful (as determined by you in your sole discretion). By accepting an answer, you are instructing and authorizing that a portion of your payment be paid to the Lawyer instead of to David Ayuo Advocates LLP. By accepting more than one answer, you are authorizing David Ayuo Advocates LLP to charge your payment source (for example, the credit card or PayPal account you provided to David Ayuo Advocates LLP) multiple times and instructing and authorizing that a portion of each of your payments be paid to the Lawyer instead of to David Ayuo Advocates LLP. For example, if you accept two answers, your payment source will be charged twice the price.

David Ayuo Advocates LLP does not guarantee that you will receive a response from an Lawyer, or that you will be satisfied with your communication with an Lawyer. In the rare instance that no Lawyer responds at all to your question within thirty (30) days, David Ayuo Advocates LLP will provide you, as part of the Site access benefits, with copies of or access to other previously asked questions and answers on David Ayuo Advocates LLP in a category related to your question (as determined by David Ayuo Advocates LLP in its sole discretion).

David Ayuo Advocates LLP takes customer satisfaction seriously. Accordingly, if you do not accept an answer and are not satisfied with your experience on David Ayuo Advocates LLP for any reason, then as your sole remedy you may request a refund within thirty (30) days of when you paid to ask your question on David Ayuo Advocates LLP here by contacting us via e-mail at info@davidayuoadvocates.com. Please check here before requesting a refund to make sure you have viewed the most up-to-date responses to your question. If you do not request a refund within thirty (30) days of your payment, David Ayuo Advocates LLP is not required to provide you a refund for any reason and shall be entitled to retain the full amount of your payment as compensation for providing the Site access benefits related to your question.

If we believe, in our sole discretion, that any funds were earned under suspicious circumstances or that funds were derived from a suspect account, we will continue to investigate the situation until we have adequate resolution, as determined by us, and which may require the involvement of certain third parties, including any applicable credit card company. We will make commercially reasonable efforts not to exceed a ninety days hold on your account as we and/or a third-party investigate.

David Ayuo Advocates LLP maintains the right to initiate special incentive, pricing, membership, and other programs. These may be limited, at David Ayuo Advocates LLP’s sole discretion, to defined and limited Users or non-Users. Any promotional monies or credits placed into customer accounts by David Ayuo Advocates LLP for use towards answers on the Site remain the property of David Ayuo Advocates LLP (they never become the property of Users and never become refundable to the User), and unless otherwise stated on the Site or in an email to a User, will be usable only for thirty (30) days.

By accepting this Agreement, you are agreeing to receive coupons, special offers, and other communications from David Ayuo Advocates LLP per the terms of the Privacy Policy. You may modify this setting by making the relevant changes to your David Ayuo Advocates LLP profile.

Users are responsible for their acts and omissions and content placed on the Site. Because David Ayuo Advocates LLP Site is a venue, in the event that you have a dispute with one or more Users, you release David Ayuo Advocates LLP (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

You acknowledge that David Ayuo Advocates LLP and its licensors and suppliers own the rights to David Ayuo Advocates LLP.co.za and the content displayed on the Site other than Posts. You shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code of the www.davidayuoadvocates.com website, or assist any other person or entity in doing so. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by David Ayuo Advocates LLP, David Ayuo Advocates LLP Users, or David Ayuo Advocates LLP Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third-party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that Posts on the Site, materials, ideas, comments and testimonials you submit on the Site or other venues, including but not limited to the David Ayuo Advocates LLP blogs, the David Ayuo Advocates LLP page on www.facebook.com, the David Ayuo Advocates LLP venue on www.twitter.com, or to the Site administrator or any employee, officer or agent of David Ayuo Advocates LLP (“User Content”), will not be considered confidential and may be used by David Ayuo Advocates LLP, in its sole discretion, without any obligation to compensate for use of or to return any submitted materials. You also agree that David Ayuo Advocates LLP owns, and has the right to register in its name, trademarks and service marks for any category names that you create on David Ayuo Advocates LLP, so do not use a category name that you want to reserve for your own benefit. David Ayuo Advocates LLP may use other trademarks or service marks in lieu of the category names that you create.

You grant to David Ayuo Advocates LLP a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, extract and create derivative works thereof, that you have in your Posts and User Content, in any media now known or not currently known, with respect to any such Posts and other User Content.

David Ayuo Advocates LLP may endeavor to offer to its Users products and services offered by non-David Ayuo Advocates LLP entities. Placement of information, logos, links or names of such non-David Ayuo Advocates LLP entities on the Site does not constitute an endorsement or warranty of these entities, their products or services. You take full responsibility for a decision to visit or patronize any such entity and hold David Ayuo Advocates LLP harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and David Ayuo Advocates LLP or between any User (including Customers and Lawyers) and David Ayuo Advocates LLP by formation of this Agreement (or any of the Related Agreements) or by your participation on the Site. IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ANY OPINION, ANSWER OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

We do not control the information provided by Users, which you may find to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. There are also risks of dealing with underage persons or people acting under false pretenses. Additionally, there may be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and that David Ayuo Advocates LLP is not responsible for the acts or omissions of Users on the Site.

The amount of storage space per User is currently limited. You agree that David Ayuo Advocates LLP is not responsible or liable for the deletion or failure to store content and/or other information

DAVID AYUO ADVOCATES LLP SERVICES AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. DAVID AYUO ADVOCATES LLP DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAVID AYUO ADVOCATES LLP DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED

SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

UNDER NO CIRCUMSTANCES WILL DAVID AYUO ADVOCATES LLP BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS LAWYERS OR OTHERS) OR A LINKED SITE, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS SITE IS AT USERS’ SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DAVID AYUO ADVOCATES LLP OR THROUGH OR FROM DAVID AYUO ADVOCATES LLP SERVICES SHALL CREATE ANY WARRANTY.

IN NO EVENT SHALL DAVID AYUO ADVOCATES LLP, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, DATA, USE, REVENUE OR OTHER ECONOMIC ADVANTAGE), ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THE TERMS BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO DAVID AYUO ADVOCATES LLP IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) KES 1000.00.

You and David Ayuo Advocates LLP agree that any cause of action arising out of or related to this Service must commence within six (6) months after the cause of action arose (except for causes of action arising out of Users’ responsibilities in the Indemnification section below); otherwise, such cause of action is permanently barred.

You agree to indemnify and hold David Ayuo Advocates LLP, any and all parent, subsidiary, and affiliate organizations, officers, directors, agents, shareholders, consultants, employees, successors and assigns harmless from and against all losses, costs, liabilities and expenses including reasonable attorneys’ fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Site.

The Site may contain press releases and other information about David Ayuo Advocates LLP. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by David Ayuo Advocates LLP. Likewise, third-party press about David Ayuo Advocates LLP or the Site should not be relied upon as being provided or endorsed by David Ayuo Advocates LLP.

CHOICE OF LAW – This Website is controlled, operated and administered by David Ayuo Advocates LLP from its offices within the Republic of Kenya. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of Kenyan export laws and regulations. If the User accesses this Website from locations outside of Kenya, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of Kenya, and the User consents to the jurisdiction of the Kenyan High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect.

DISPUTES; DISPUTE RESOLUTION – All disputes, claims and controversies, of any sort or nature, between us, arising out of the use of the Site (“Dispute”), shall be resolved solely pursuant to the following procedure: (1) notification to the other party of the facts of the Dispute, the legal basis for the Dispute, and all damages claimed, in writing delivered to (a) the User’s email address on file with David Ayuo Advocates LLP, or (b) info@davidayuoadvocates.com, whichever is applicable (“Dispute Notification”); (2) allowance of thirty (30) days from receipt of the Dispute Notification to receive a response to and/or offer to remedy the Dispute; (3) if the Dispute remains unresolved within those thirty (30) days, the filing of a Request for Mediation with the Arbitration Association of Kenya with good faith efforts being made to resolve the Dispute during mediation, and the cost of the mediation being born equally by the parties; (4) if the mediation does not resolve the Dispute, submission of a Demand for Arbitration with the arbitrator or mediator, in which case the Dispute shall be resolved by binding arbitration to be held in Nairobi, Kenya, with the cost of the arbitration to be born equally by the parties, unless otherwise ordered by the arbitrator(s), and with the decision of the arbitrator(s) to be enforceable in any court of competent jurisdiction.

IMPROPERLY SUBMITTED CLAIM – All Disputes must be resolved as set forth above. Disputes filed in a different manner shall be considered improperly filed, and shall entitle David Ayuo Advocates LLP to advocates’ fees and costs up to KES 700,000.00, provided that David Ayuo Advocates LLP has notified you in writing (at the email address on file with David Ayuo Advocates LLP will suffice) of the improperly filed claim, and you have failed to withdraw the claim promptly.

NO CLASS CLAIMS; WAIVER – The parties expressly agree that there shall be no class claims, consolidation or joinder allowed in any dispute between the parties, and that no claim may be made through an action purporting to represent a class of Site users or otherwise asserting claims on behalf of a class (“Waiver”). In the event this Waiver is found to be unenforceable, step (4) of the Dispute resolution process, requiring arbitration, shall be voided in its entirety, and the parties may file a complaint in the courts located in Nairobi, Kenya.

The Terms constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of the Terms. If there is a conflict between an oral or written representation of any David Ayuo Advocates LLP’ employee or agent and the Terms (other than modifications to the Terms executed in writing by the Managing Partner or authorized-in-fact representative of David Ayuo Advocates LLP), the Terms will prevail. To the extent the Terms are in conflict or inconsistent with one another, the Terms of Service and Privacy Policy will prevail for Customers, and the Lawyer Agreement and Privacy Policy will prevail for Lawyers, over other Terms of the Site; also, this Agreement, Related Agreements and disclaimers will prevail over FAQs, and other rules and policies on the Site. If any provision(s) of the Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. David Ayuo Advocates LLP’s failure to exercise or enforce any of the Terms shall not constitute a waiver of David Ayuo Advocates LLP’s right to exercise or enforce the Terms as to the same or another instance. Headings in this and Related Agreements are for purposes of reference only and shall not limit or otherwise affect the meaning of the Terms.

You agree that David Ayuo Advocates LLP may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for many reasons, including but not limited to because your interaction with other users of the Site the pricing offered, and fraud mechanisms in place, are based upon individual usage. David Ayuo Advocates LLP shall not be deemed to have waived any of its rights or remedies unless such waiver is in writing and signed by David Ayuo Advocates LLP. No delay or omission on the part of David Ayuo Advocates LLP in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Sections 5, 9 (with respect to amounts remaining in your account as of termination), 10, 12, 15, 16, 17, 19 and 20 above will survive any termination of this Agreement.

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Privacy Policy & Security Information

David Ayuo Advocates LLP has elected to disclose its information practices as a sign of its commitment to privacy.

For queries and concerns pertaining to the Site, click HERE to contact us.

Because your privacy is important to us, David Ayuo Advocates LLP operates by the following principles.

Capitalized terms not defined in this Agreement will have the meanings set forth in the Terms of Service.

Principle 1: Information We Collect

You may browse the David Ayuo Advocates LLP site without providing any personal information that may be used to identify you personally (“Personally Identifiable Information” or “PII”). If you choose to provide us with your PII, you are agreeing to the processing and storage of your information in the Republic of Kenya which may have data protection laws that differ from laws in your country.

David Ayuo Advocates LLP explicitly asks when it needs PII. To help facilitate the question and response process, and the payment of Lawyers;, David Ayuo Advocates LLP requires basic data such as email address. To obtain payments from customers, David Ayuo Advocates LLP asks for either credit card information or PayPal™ email address, at the customer’s election. Lawyer applicants and/or referral participants may be asked for additional information, such as full names, addresses, telephone numbers, and professional license and certification information. Other PII may be requested in certain circumstances or collected on a voluntary basis such as on users’ profile or signature pages. If you are a referral participant and elect to receive payments via check, we will receive all information necessary to distribute a check to you, such as your name and mailing address.

As explained in the David Ayuo Advocates LLP Terms of Service, information provided by you in the content of your questions, answers, and other posts on the Site, in Lawyer profiles describing your experiences and qualifications, and in signatures attached to postings on the Site (“Posts”) is not private or confidential. This is an Internet-based forum (akin to a modern version of a radio call-in program) and information submitted in Posts may be read, collected, and used by others, and David Ayuo Advocates LLP is not responsible for it.  For example, search engines may index your questions, answers, and other Posts to allow them to appear in search engine results (e.g. if someone does a search on google.com, your questions, answers, and other Posts on salegaladvice.co.za that relate to the search may appear in the google.com search results list). Protect your anonymity by not including your real name or any personally identifying information in your questions, answers, and other Posts on the Site.

In some cases, David Ayuo Advocates LLP supplements portions of the PII you provide with other data received from third parties, or data sent to us from your web browser including (depending on its settings) your IP address, browser type, internet service provider, referring/exit pages, operating system, date/time stamp, and click stream data (“Usage Statistics”).

To enhance and individualize your experience with David Ayuo Advocates LLP, we use a web browser feature called a “cookie.” Cookies are small files that your browser places on your computer’s hard drive. We use cookies to let us know that you are a prior user and, if you wish, retrieve your username and password so you do not need to enter them again. Cookies are not used to store other personal information. David Ayuo Advocates LLP also uses cookies to maintain state. That is, each time you logon, our system issues your browser a unique, randomly generated number by which it can identify itself. In that way, your data gets sent to you and not someone else. You must activate cookies to logon to David Ayuo Advocates LLP.

David Ayuo Advocates LLP also uses web beacons that collect non-PII to track site usage.

David Ayuo Advocates LLP is intended for adult use only. In addition, it does not knowingly solicit or collect PII from persons under 13 years old. We may delete from the site PII, as well as Posts and other information, from users we believe are under the age of 18.

Principle 2: Use of Your Information

David Ayuo Advocates LLP may use, share, transfer, or disclose your PII and/or Usage Statistics, itself or in conjunction with third parties, for payment processing, fraud prevention, customer service, demographic studies, to tailor David Ayuo Advocates LLP’s content and services to its users’ needs, and to serve advertisements.

To display advertisements that may interest you, David Ayuo Advocates LLP uses third-party advertising companies who may use Usage Statistics (not your name, address, email address or telephone number). To learn more about this third-party advertising practice and your choice to opt-out of having information about you used by these companies, Click Here.

David Ayuo Advocates LLP posts testimonials on the Site; we obtain permission prior to posting to include the user’s name and state of residence, or their initials.

David Ayuo Advocates LLP will not otherwise disclose your PII (unless you voluntarily provide it in your Posts), without your consent, unless acting under a good faith belief that such action:

conforms to legal requirements or complies with legal process, such as in complying with a formal request in a court order, subpoena or judicial proceeding;

serves to protect or defend the rights, property, or safety of David Ayuo Advocates LLP , its users, or others; or

enforces the David Ayuo Advocates LLP Terms of Service or related Agreements.

David Ayuo Advocates LLP currently has no parent company, subsidiaries, joint ventures, or other companies under common control. If it does in the future, or if it merges with or sells its assets or its company to another, then it may share your PII with such companies, in which event it will require that such companies follow this Policy with respect to your PII, unless you are provided with prior written notice.

Principle 3: Correspondence Sent to You

David Ayuo Advocates LLP will not send you any unsolicited information, including e-mail, except:

(i) Users will receive David Ayuo Advocates LLP registration emails when they register, Lawyer applicants will receive David Ayuo Advocates LLP communications relating to their applications, Lawyers may receive daily digests of questions asked in the categories in which they are admitted, and all users will receive updates and notices about questions they are asking or answering, other Posts, their accounts, and new features and policies; these communications are considered part and parcel of your service and, except for the daily digests, you cannot opt out of them;

(ii) Periodically, David Ayuo Advocates LLP may contact you about new services, special offers, promotions and third-party / affiliate offers, and will include_once in any such emails an opt-out link by which you can opt out of receiving such emails; and

(iii) Our customer service and business development departments may contact users and referral participants in order to ensure your satisfaction with David Ayuo Advocates LLP and/or to ask how we can improve.

Principle 4: Updating and Deleting PII

If at any time you would like to update your PII, please log into your account and access your Edit Profile page. If at any time you would like your PII to be removed from our database or believe that David Ayuo Advocates LLP has not adhered to these privacy principles, please notify us by email by clicking HERE. We will use commercially reasonable efforts to delete your information and/or promptly detect and remedy any problems.

Principle 5: Links to Third-Party Sites

To the extent that links to other Web sites are contained in Posts on the David Ayuo Advocates LLP site, please note that they are not operated or controlled by David Ayuo Advocates LLP and David Ayuo Advocates LLP is not responsible for the privacy practices, security, or content of these third-party sites.

Principle 6: Security

David Ayuo Advocates LLP uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure the PII requested from users.

All PII is password protected.

David Ayuo Advocates LLP uses 128-bit secure socket layer (SSL) technology and digital certificates to encrypt and authenticate transactions (credit card and other payments). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.

Our database logs important changes so that unauthorized transactions can be quickly reversed.

Our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the host environment is highly secure. Biometric scanning, 24/7 onsite staff monitoring, and other safeguards are utilized. In addition, back-up servers that are stripped of email addresses, passwords, and credit card information are located in an office that is locked outside of normal business hours.

Despite these security procedures and practices, as is the case with all computer networks connected to the Internet, David Ayuo Advocates LLP cannot guarantee the security of your PII or any other information provided over the Internet and will not be responsible for breaches of security.

Principle 7: Updates to This Policy

By visiting salegaladvice.co.za, you are accepting this policy as it may be amended from time to time. Please check the date of this Policy each time you visit to ensure that you are aware of the most current version. If you do not agree to the terms of this Policy, please do not use this site.

David Ayuo Advocates LLP reserves the right to update this policy at any time without prior notice. Material updates will take effect 30 days after initial posting on this site.

Contact Us

If you have questions or suggestions regarding this Privacy Policy, you may email us by clicking HERE.

Our Privacy Policy was posted on 13 September 2012 and last updated on 20 January 2020. It governs the privacy terms of our website, located at TermsFeed.com, and the tools we provide you (the “Website” or the “Service”).

Your Privacy

Our Website follows all legal requirements to protect your privacy. Our Privacy Policy is a legal statement that explains how we may collect information from you, how we may share your information, and how you can limit our sharing of your information. You will see terms in our Privacy Policy that are capitalized. These terms have meanings as described in the Definitions section below.

Definitions

Personal Data: Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data: Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies: Cookies are small pieces of data stored on a User’s device.

Data Controller: Data Controller means a natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed. For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processors (or Service Providers): Data Processor (or Service Provider) means any natural or legal person who processes the data on behalf of the Data Controller. We may use the services of various Service Providers in order to process your data more effectively.

Data Subject: Data Subject is any living individual who is the subject of Personal Data.

User: The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected

Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to: Email address, Name, Address, State, Province, ZIP/Postal code, City, Cookies and Usage Data.

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

Usage Data

We may also collect information how the Service is accessed and used (“Usage Data”). This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use: session cookies (we use these cookies to operate our Service) and preference cookies (we use these cookies to remember your preferences and various settings).

Use of Data

We use the collected data for various purposes:

To provide and maintain our Service

To notify you about changes to our Service

To allow you to participate in interactive features of our Service when you choose to do so

To provide customer support

To gather analysis or valuable information so that we can improve our Service

To monitor the usage of our Service

To detect, prevent and address technical issues

To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

We will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

We will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

Disclosure Of Data

Business Transaction. If we are involved in a merger, acquisition or asset sale, your Personal Data may be transferred. We will provide notice before your Personal Data is transferred and becomes subject to a different Privacy Policy.

Disclosure for Law Enforcement. Under certain circumstances, we may be required to disclose your Personal Data if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Legal Basis for Processing Personal Data Under General Data Protection Regulation (GDPR)

If you are from the European Economic Area (EEA), TermsFeed legal basis for collecting and using the personal information described in this Privacy Policy depends on the Personal Data we collect and the specific context in which we collect it.

TermsFeed may process your Personal Data because:

We need to perform a contract with you

You have given us permission to do so

The processing is in our legitimate interests and it’s not overridden by your rights

For payment processing purposes

To comply with the law

Your Data Protection Rights Under General Data Protection Regulation (GDPR)

If you are a resident of the European Economic Area (EEA), you have certain data protection rights. TermsFeed aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the following data protection rights:

The right to access, update or to delete the information we have on you.

The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete.

The right to object. You have the right to object to our processing of your Personal Data.

The right of restriction. You have the right to request that we restrict the processing of your personal information.

The right to data portability. You have the right to be provided with a copy of your Personal Data in a structured, machine-readable and commonly used format.

The right to withdraw consent. You also have the right to withdraw your consent at any time where TermsFeed relied on your consent to process your personal information.

Please note that we may ask you to verify your identity before responding to such requests.

You have the right to complain to a Data Protection Authority about our collection and use of your Personal Data. For more information, please contact your local data protection authority in the European Economic Area (EEA).

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on the Service available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js, and dc.js) from sharing information with Google Analytics about visits activity.

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Wirecard. Their Privacy Policy can be viewed at https://www.wirecard.co.za/policies/privacy-policy/

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us by using the contact information we provided on our Support page.

Our Legal Term of the Day

Zoning: The division of certain areas in a community into various categories for permission to build, or not to build, certain types of structures. For example, a certain area may be zoned for residential structures only, while another area permits business structures only.

Our Legal Term of the Day

Heir: A person who inherits money or property, or who will naturally inherit property if someone dies without making a will.