Privacy Policy & Terms of Use

Terms of Use

By using this website, you expressly agree to be bound by, and to comply with, these and any additional or amended terms and conditions (“the Terms”) which CM SME Club (“we’ or “the firm” or “CM SME”) may prescribe from time to time. If you do not agree to all of the Terms, you must not use our site. These Terms shall also apply to any website by any incorporated or unincorporated entity owned or controlled by CM SME Club, which may be linked to or is otherwise accessible from this website.

We reserve the right to make changes to this website and to these Terms at any time. Every time you wish to use our site, please check these Terms to ensure you understand the terms that apply at that time.

About the information on this site

The information and material available on the website are provided solely on an “as is” and “as available” basis. You are encouraged to confirm the information contained. You should not construe any material on the website as a warranty or guarantee of the quality or availability of any services.

Articles and other publications on this site are current as of their date of publication and do not necessarily reflect the present law or regulations.

Purchasing Products or Products

If you purchase any service, product or material on this website or portal, (“Site Product”), you may be required to provide personal information, including credit card and billing information (“Personal Financial Information”), to an independent third-party company (or companies) selected by, but not affiliated with, the Firm (the “Processor”). Where the Processor is responsible for collecting, transmitting and/or processing your Personal Financial Information, all payment obligations for Site Products shall be governed by the terms of use/service and privacy policy(ies) of the Processor. If you make a purchase from the website or portal you are warranting that you are authorized to make the purchase using the form of payment card that you provide to the Processor.

The Firm makes no warranty and accepts no liability for any loss or damages whatsoever, relating to or in connection with your placement of an order for a Site Product with the Processor. In addition, the Firm provides no refunds for purchases you make on the website or portal. You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event Processor experiences a data breach that affects your Personal Financial Information, CM SME will in no way be responsible or liable to you for any such breach.

Revision of prices

We reserve the right to revise the prices of our services based on the scope of work. Any changes to pricing will be communicated to you in advance, and you will have the option to accept the revised pricing or terminate the service.

Termination of services

We reserve the right to cancel a subscription or service at our discretion, with or without cause. In the event of cancellation, you will be notified promptly, and any amount paid in advance for the cancelled service will be refunded on a pro-rata basis, unless otherwise specified in the terms of the letter of engagement.

Liability disclaimer

The information materials and opinions contained on this website are not intended to constitute legal or other professional advice and are merely for general information purposes only, which should not be relied on or treated as a substitute for specific advice relevant to particular circumstances. CM SME Club does not accept any responsibility for any loss which may arise from reliance on information or materials published on this website. Any reliance you place on such materials and information is strictly at your own risk.

Any changes to the law or subject matter that take place after publication may not necessarily be captured in future publications. Although we make reasonable efforts to ensure that the information on our website is accurate, we make no representations, warranties or guarantees, whether express or implied, that the content on our website is accurate, complete or up to date. The mailing of our publications, including legal alerts, is not intended to create, and receipt of them does not constitute, an advocate-client relationship. The views set forth therein are the personal views of the author and do not necessarily reflect those of the firm with which he or she is associated.

This 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, tort, strict liability or otherwise, even if we and/or any of our partners, associates, employees or suppliers have been advised of the possibility of damages.

Waiver

If you breach any of these Terms, we reserve the right to pursue any and all legal and equitable remedies against you, including without limitation the right to block access from a particular internet address. Should we fail to enforce any right or provision in these Terms, such failure does not constitute a waiver of such right or provision or of any other rights or provisions in these Terms.

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.

Third-party websites have their own separate terms and conditions as well as privacy policies. We are not responsible for the content of any such sites, make no representations regarding any such sites, and do not necessarily endorse or approve of the information, material, products or services contained on or accessible through any such third-party sites. The firm therefore cannot be held liable for the activities of such third-party websites. You visit or access such third-party websites entirely at your own risk. Please note that third-party websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use or privacy policies on those websites prior to using them.

Data Protection and Privacy

The firm respects your right to privacy and personal information, and takes data privacy seriously. Our Privacy Policy is based on the Kenya Data Protection Act No. 24 of 2019 which is in line with the General Data Protection Regulations of the European Union (the GDPR). For more information see our https://cmadvocates.com/privacy-policy/.

Anti-Money Laundering

We abide by our anti-money laundering (AML) policies that are generally based on the highest standard and apply in relation to all of our business in all of our offices. The firm conducts client due diligence enquiries on each new client and persons connected with them and conducts ongoing monitoring of existing clients. These enquiries are based on the requirements of the Proceeds of Crime and Anti-Money Laundering Act, CAP 59B of the Laws of Kenya. Additional information may also be obtained if required by any applicable local rules. Where necessary for these purposes, we may seek relevant information from third-party data suppliers. Where individuals have supplied personal data for this purpose we will only use it for that purpose and will keep it only as long as the relevant AML and data protection legislation requires.

The firm also has internal procedures to ensure that any suspicions of money laundering are reported to the appropriate authorities where there is an obligation to do so.

Anti-bribery and Anti-corruption

The firm has a zero-tolerance policy towards bribery or corruption by, or on behalf of, any member firm. This applies to all members of the firm including partners, associates and employees, and to third parties providing services on our behalf.

We are committed to:

conducting business in a manner that complies with applicable laws and is consistent with the highest ethical standards including, among other things, standards intended to prevent bribery and corruption; and
using our best endeavors to ensure that those who perform services for and on behalf of the firm are aware of and share our commitment to conducting business ethically.

We will not use third parties or intermediaries to engage on our behalf in unethical practices that would be prohibited under any applicable laws if undertaken by us. We expect that all third-parties and intermediaries that we engage will conduct themselves accordingly when acting on behalf or for the benefit of the firm.

The firm is committed to transparency on its ethical standards and anti-bribery and anti-corruption initiatives, and has established procedures that are described in our Anti-Bribery and Anti-Corruption Policy to encourage all members of the firm to report instances or allegations of policy violations.

Intellectual Property Rights

All content, material and information, including any compilation (meaning the collection, arrangement and assembly of information) included on this website are unless otherwise stated the exclusive copyright works of the firm and protected by local and international copyright laws, trademark, patent, trade secret and other laws, and as between you and CM SME, the firm owns and retains all rights in the Site Products. CM SME hereby grants you a limited, revocable, non-sublicensable license to access and display the Content (excluding any software code), which is intended for your personal, non-commercial use in connection with viewing the website or portal and using any of the Site Products. The Site Products may also contain content of users and licensors. Except as provided in these Terms or as explicitly allowed on the website or portal, you may not copy, download, stream capture, reproduce, duplicate, archive, upload, modify, translate, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the website or portal.

Without derogating from the above, we authorize you to view, copy (in paper or electronic form), download to a local drive, print and distribute the content of this website, or parts thereof, provided that:

the Firm is acknowledged as the source;
such content is used for information purposes only (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;
any reproduction of material or content should not be modified in any way must remain intact; and
your communication of the content or material must not be misleading or inaccurate and a copy of this notice must accompany any copies of the materials which you provide to others.

No other use of the materials published on this website is permitted without the express prior written consent of the firm.

Unsolicited Submissions

CM SME does not knowingly accept, via the website, portal or otherwise, unsolicited submissions including, without limitation, submissions of blog ideas, articles, scripts, story lines, fan fiction, characters, drawings, information, suggestions, proposals, ideas or concepts. The firm’s policy is to simply delete any such submission without reading it or forwarding it to other staff of the firm or staff of its affiliated entities. Therefore, any similarity between an unsolicited submission and any elements in any of the firm’s (or any of its affiliated entities) creative work including, without limitation, a film, series, story, title or concept would be purely coincidental. If unsolicited submissions are sent to firm via the website, however, such submissions and copyright become the property of CM SME and may be used, copied, sublicensed, adapted, transmitted, distributed, publicly performed, published, displayed or deleted as the firm sees fit. You agree that you are not entitled to any compensation, credit or notice whatsoever and that by sending an unsolicited submission you waive the right to make any claim against CM SME or any of its affiliated entities relating to unsolicited submissions, including, without limitation, unfair competition, breach of implied contract or breach of confidentiality.

Terms and Termination

These Terms between you and the firm 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.

Applicable Law

These Terms 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.

Contact

Your continued use of this website is contingent upon your agreement to be bound by the foregoing Terms.

Please contact us at law@cmsmeclub.com with any questions regarding these Terms.