UTATUZI CENTER: TERMS AND CONDITIONS

1. PREAMBLE

Utatuzi Center is a global platform with the primary objective of promoting expeditious, efficient, and cost-effective resolution of commercial disputes through alternative disputes resolution (ADR) systems such as mediation, arbitration, and conciliation. Utatuzi Center provides a platform where conflicting parties can readily resolve their disputes with the help of our distinguished, extremely professional, and highly skilled ADR Professionals.  Our Website offers a critical platform and detailed information on ways of resolving commercial disputes in a manner that saves parties time, resources, protect their privacy, cushion them from the lengthy and extremely procedural court system. Accordingly, We promote ADR as a legal procedure to relieve the ordinary courts and improve access to justice of our clients through the less legalistic and procedurally rigid mechanisms. We offer world-class services and excellent customer services with our customer support available 24/7.

This Website is operated by Utatuzi Center, which is a duly registered LLP under the Kenyan Laws and domiciled at Luther Plaza, 3^rd Floor, Nyerere Road in Nairobi Kenya.

Email:  support@utatuzicenter.com. Phone No. +254 111 436 041

By accessing and use of the Website and Services, you agree to accept and be bound by the Terms.  Please do not access or use the Services or the Sites if you do not accept all of the Terms and Conditions. If you continue to use the Website, your use of the Website indicates your agreement to be bound by the Terms (currently in force). We reserve the right to modify or withdraw, temporarily or permanently, this Website, the Services and the material contained within (or any part) without notice to you and you confirm that we shall not be liable to you for any modification to or withdrawal of the Website, the Services or its contents.

1. DEFINITIONS

The following words are defined herein as follows:

• “Account” means private access to a computer system or online service, usually requiring a password credentials to log in.
• “ADR” means Alternative Dispute Resolution.
• "ADR Professional" means:
  • Arbitrator as defined by the Arbitration Act of Kenya, Act: No. 4 of 1995 and the Rules therein; and
  • Mediator, as defined by Section 2 of the Civil Procedure Act Cap 21 Laws of Kenya.
• "Client" means any person (legal or natural) who is a party to a dispute as well as their authorized representatives. In the case of a legal person, this shall include but is not limited to the successors in title, assigns, officers, employees, and duly appointed representatives.
• “Mediator” means an impartial third party selected to carry out mediation as per Section 2 of the Civil Procedure Act Cap 21 Laws of Kenya
• “Member” means any ADR Professional and Client.
• “Partner” means any person whether natural or legal who is a collaborator with Utatuzi Center
• "Platform" means an electronic web-based transaction platform for parties in conflict to institute, manage, appoint an ADR Professional of their choice and resolve their disputes online within the site and it is accessible via https://www.utatuzicenter.com;
• "Services" means the Platform facilitating the dispute resolution service provided by the ADR Professional;
• “Site Content” means all data, material, documents, news, photos, videos, publications, or any other information uploaded or provided to the Website by Members.
• “Terms” refers collectively to the Disclaimer, Privacy Policy, and Terms of Use defined hereafter.
• “Utatuzi Center,” We,” or “Our” means the Utatuzi Center LLP, a duly registered partnership under the Kenyan Law.
• “Website” means Utatuzi Center website inclusive of the Platform available at https://www.Utatuzi Center.com/.
• “User” means any person, whether natural or legal who navigates the Website, and/or uses its Services, and who is legally committed by the present Terms.
• “You” or “Your” may be used to refer to any Member and/ or User.

 

• TERMS OF USE

1. Binding Agreement

BEFORE USING THIS WEBSITE, PLEASE READ THE FOLLOWING TERMS CAREFULLY.

• The present Terms constitute a legally binding agreement between any Member or User of Utatuzi Center Website regarding the use of and access to the Website and Our Services.
• In order to access and use the Utatuzi Center's Platform or register an Utatuzi Center Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
• Our Website is comprised of various webpages operated by Utatuzi Center. You may navigate the Website conditional upon Your acceptance without modification of the present Terms. Your use of the Website constitutes Your agreement to all Terms and supersedes any prior agreements. Should You not agree to these Terms, You Shall not use the Website nor its features and its services.
• These Terms apply to the Website and govern, without limitation, data collection, and usage.
• Members agree that no partnership, employment, or agency relationship exists between them and Utatuzi Center as a result of these Terms, Membership, or the use of the Website.
• Members agree that as a condition of Your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when accessing or using the Site or Services. You agree that:
  • you will not copy, reproduce, download, re-publish, sell, distribute or resell any Services or Site Content available on or through the Sites, and
  • you will not copy, reproduce, download, compile or otherwise use any Site Content for the purposes of operating a business that competes with Utatuzi Center or otherwise commercially exploits the Site Content. Systematic retrieval of Site Content from the Sites to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Utatuzi Center is prohibited
• The Website, these Terms, and all related documents are in English, and communications are mainly in English. However, the content may be posted in other languages.

 

2. Modification of these Terms

Utatuzi Center performance of these Terms is subject to existing laws and legal process, and nothing contained therein is in derogation thereof. Further, the Company may amend any Terms at any time by posting the relevant amended and restated Terms on the Site.  By continuing to access or use the Services or the Site, you agree that the amended and restated Terms will apply to you. The revised or amended Terms shall be effective upon posting. If you have subscribed to receive our newsletters and/or information about our events, you will be informed of any change, and we may, as the case may be, require your consent to continue sending you emails.

3. Severability

If any provision of these Terms is determined to be invalid or unenforceable in part or whole pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid and enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms shall continue to be in effect.

4. Eligibility, access, and use of Services
   • In order to access and use the Utatuzi Center's Platform or register an Utatuzi Center Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
   • An individual or a legal entity only becomes a Member upon creating an Account "Utatuzi Center Account, "which will allow them to access and use certain features of the Utatuzi Center Platform, such as registering their dispute, having an arbitrator or a mediator of their choice, resolving. If you are registering an Utatuzi Center Account for a business, organization, or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
   • The registration requires that you submit to Utatuzi Center certain personal information, such as your name, address, mobile phone number, and age, as well as at least one valid payment method supported by Utatuzi Center. Further, you agree to maintain at all times accurate, complete, and up-to-date information in your Account.
   • Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access or use the Utatuzi Center Platform.
   • You may not register more than one (1) Utatuzi Center Account unless Utatuzi Center authorizes you to do so. You may not assign or otherwise transfer your Utatuzi Center Account to another party.
   • The Member is responsible for maintaining the confidentiality and security of their Utatuzi Center Account credentials and may not disclose their credentials to any third party. You must immediately notify Utatuzi Center if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Utatuzi Center Account. You are liable for any, and all activities conducted through your Utatuzi Center Account unless you do not authorize such activities, and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

 

5. Access Restriction
   • Use of the Website is not authorized to any party that does not give full effect to the provisions of these Terms and Conditions.
   • In the event a Member or User fails to comply with these Terms, Utatuzi Center shall have the right to terminate such Member’s or User’s access to the Website.

 

6. No Unlawful or Prohibited Use
   • Members and Users warrant and agree that, while using the Website and the Services, features, and functionalities offered on or through the Website, they shall not, without limitation:
     • Use the Website for any purpose that is unlawful or prohibited by these Terms;
     • Use the Website in any manner which could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of the Website;
     • Obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website;
     • Make available in any way any Content that is unlawful, harmful, abusive, harassing, tortious, defamatory, discriminatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable, threatening or otherwise violating legal rights;
     • Harm minors in any way;
     • Impersonate any person or entity, or falsely state or otherwise misrepresent their affiliation with a person or entity;
     • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through Utatuzi Center;
     • Make available in any way any Content that Members and Users do not have a right to make available under any law or under contractual or fiduciary relationships;
     • Make available in any way any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
     • Make available in any way any unsolicited or unauthorized advertising, promotional materials, junk mail, spam or chain letters;
     • Make available in any way any Content that contains software viruses, corrupted files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
     • Harvest or otherwise collect information about Members or Users, including email addresses, without their consent;
     • Violate any code of conduct or other guidelines which may be applicable for any particular communication service;
     • Intentionally or unintentionally violate any applicable local, state, national or international law;
     • Download, copy or use personal data for commercial purposes or advertising;
     • Transmit lists of Members and ADR Professionals unless Utatuzi Center’s Board duly provides prior authorization.
   • Members and Users acknowledge that, upon discovering any violation, Utatuzi Center shall have the right, immediately and without prior notice, to remove any Content that violates these Terms or is otherwise objectionable.
   • Utatuzi Center further reserves the right to terminate access to the Website of any Member or User who violates these Terms.

 

7. Intellectual Property
   • Utatuzi Center owns without limitation:
     • All rights and interest in the Website;
     • All material including illustrations, graphics, videos, texts, software, codes, data and materials, and the design and construction of the Website;
     • All copyrights, trademark, patent, database, moral, and sui generis rights and other intellectual property and proprietary rights therein.
   • Your use of the Website does not grant You any rights on any of Utatuzi Center’s rights.
   • All names, company names, logos, service and/or trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners.
   • We do not claim ownership of the content posted on the Website.
   • By posting, uploading, inputting, providing or submitting content You grant Utatuzi Center and the Website Users permission to download or transmit the content, but not to distribute or display it on other websites or media, or to reproduce, edit, translate, reformat or publish said content, unless expressly so authorized by the intellectual property rights holder.
   • Utatuzi Center respects the intellectual property rights of others, and require that Members, Partners, and Users do the same.
   • If You believe that Your work has been copied in a way that infringes Your intellectual property rights, please forward the following information via the “Contact us” link:
     • Your address, telephone number, and email address;
     • A description of the protected work that You claim has been infringed;
     • A description of where the alleged infringing material is located;
     • A statement by You that You have a good faith belief that the disputed use is not authorized by You, the holder of the intellectual property rights, its agent, or by law;
     • An electronic or physical signature of the person authorized to act on behalf of the holder of the intellectual property rights; and
     • A statement by You that the above information is accurate and that You are the holder of the intellectual property rights or authorized to act on behalf of the holder of the intellectual property rights.

 

8. Restriction of Liability
   • Utatuzi Center only provides the infrastructure or Platform where parties can interact and resolve their disputes with the aid of the professionals, i.e. ADR Professionals subscribed to the Platform. Accordingly, We have limited liability in Our capacity as a hosting provider under the applicable law. For the avoidance of doubt, Utatuzi Center is an electronic web-based platform for exchanging information between parties in disputes and professionals such as ADR Professionals who help the parties in conflict to resolve their disputes amicably, expeditiously and cost-effectively without engaging in litigation.  
   • Utatuzi Center additionally provides an electronic web-based transaction platform for parties in conflict to institute, manage, appoint an arbitrator/mediator of their choice and resolve their disputes online within the Site subject to the terms of the respective Agreement. However, for any Services, Utatuzi Center does not represent either the parties in conflicts or the professional arbitrator or mediator in specific transactions.
   • Utatuzi Center and its management, directors, or employees does not control and is not liable or responsible for the quality, safety, lawfulness or availability of the Services offered on the Site, the ability of the professional arbitrator or mediator to resolve the dispute between the parties is not a responsibility of the Site.
   • In no event shall Utatuzi Center or any of its directors, officers, employees, agents, consultants, parents, affiliates, successors, assigns or service providers assume responsibility or be liable for any direct or indirect, incidental, special, consequential or exemplary damages, including but not limited to for any computer virus, loss of profits, alleged loss of credibility or damage to personal image, use, data or other intangible losses, or any other inconvenience resulting from or in connection with the use of or the inability to use the Website, reliance on the Website, or the content, materials, and functions related thereto, or any other matter relating to this Website, including, without limitation, any failure of performance, error, omission, interruption or defect.
   • Members, Partners, and Users expressly understand and agree that Utatuzi Center shall in no way be liable to them under any circumstances. By agreeing to use the Website, Members, Partners and Users agree to defend, indemnify and hold Utatuzi Center, its officers, directors, and employees harmless from any and all claims, liabilities, costs, and expenses, including reasonable professional’ fees, arising in any way from the use of the Website or through it.
   • The Website is provided “as is” and “as available,” without warranty or condition of any kind, either express or implied. Without limitation of the preceding Utatuzi Center specifically disclaims any and all warranties, including, but not limited to any warranties concerning the availability, accuracy, appropriateness, reliability, timeliness, usefulness, or other of the Website, including but not limited to the online Services and web files, and the Content thereon, and any warranties of title, warranty of non-infringement, warranties or conditions of merchantability or fitness for a particular purpose.
   • The Company shall not be liable to the Member and/or User for any loss or damage whatsoever or howsoever caused, arising directly or indirectly in connection with this Agreement, the Platforms or products, its use or otherwise, except to the extent to which it is unlawful to exclude such liability under the applicable law.
   • The Member and/or User acknowledges that:
     • for the avoidance of doubt, Utatuzi Center cannot guarantee that communications on the Platform between the ADR Professional, Concerned Parties and an individual or a legal entity OR any data stored on the Website, will be free from unauthorized access by third parties due to the open communication nature of the Internet. The Platform, in general, is not error-free and agrees that the existence of such errors shall not constitute a breach of this Agreement.
     • the Company has taken all reasonable steps to protect client information against loss or theft and against unauthorized access, copying, use, modification, disclosure or other misuse.
     • notwithstanding clause 8.2, the ADR Professional will use commercially reasonable efforts to protect any information of the other Party that it acquires or accesses during the provision of the Services. The Company restricts its liability in accordance with clause 8.7.
   • To the maximum extent permitted by law, Utatuzi Center makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability, completeness or currentness of any information provided on or through the site. Further, We do not guarantee that the information and/or the material on Our Website is free from software viruses or the like.
   • No Utatuzi Center Member, Partner, or User or any other person is authorized to represent Utatuzi Center or speak on behalf of Utatuzi Center’s Board unless otherwise agreed in writing.

 

9. Hyperlinks
   • Hyperlinks to other websites are provided for convenience only.
   • These websites are not reviewed, controlled or examined by Utatuzi Center in any way, and Utatuzi Center assumes no responsibility for the content, privacy policies and practices of any such linked sites, including without limitation, any additional links contained therein.
   • Utatuzi Center encourages You to review the privacy statements of websites. You provide a link to from Utatuzi Center’s Website as You are responsible for understanding how those websites collect, use, and share Your information. Utatuzi Center is not responsible for the privacy statements or any other content on websites outside of Utatuzi Center’s Website.
   • The hyperlinks do not imply Utatuzi Center’s endorsement of, or association with, the linked sites.

 

10. Suspension and Maintenance of the Website
    • Utatuzi Center reserves the right, at any time and in its sole discretion, to suspend or stop in whole or in part the access to its Website, mainly for maintenance, operational requirements, or emergency cases.
    • Utatuzi Center also reserves the right, at any time and in its sole discretion, to delete or to modify any content related to the management of the Website, especially for technical or practical reasons.
    • Utatuzi Center shall incur no liability for such suspension or stoppage, which according to paragraph 8 above, shall not give rise to any claims for damages or indemnities by any Member, partner, or User.

 

11. Contingency Plan
    • Upon the occurrence of an event as envisioned in clause 10, the Company shall:
      • as soon as reasonably possible, notify the Members of the system failure;
      • avail access to Secondary Site which will be accessed ONLY in the instance of system failure, and
      • take any other measures to ensure the smooth flow of the Service.
    • once the failure in the main site has been resolved the Members shall be notified whereupon access to the secondary system will be withdrawn. At this juncture, the Members shall solely access the Services on the Main Site.
    • Members acknowledge that in the event of a system failure as envisioned in clause 10
      • the provisions of clause 1 (Binding Agreement), 4 (Eligibility, Access and Use of Services), 3 (Content), 5 (Access Restriction), 6 (No unlawful or Prohibited Use) 7 (Intellectual Property), 8(Restriction of Liability) and 9 (Hyperlinks).
      • Members shall take adequate precautions to ensure the security of any information shared during the system failure.