Business Setup

Website Terms & Conditions

Website Terms and Conditions govern the use of your website and protect your business from liability. Includes acceptable use, intellectual property, disclaimers, and governing law.

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Drafted to comply with Kenyan law and international common law standards.

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What this document covers

Website operator details
Acceptable use policy
Intellectual property notice
User-generated content rules
Disclaimer of warranties
Limitation of liability
Links to third-party sites
Governing law and jurisdiction
How to contact the operator

Frequently Asked Questions

Are website terms and conditions legally enforceable in Kenya?
Yes, provided users have reasonable notice of the terms and have agreed to them (e.g. by clicking 'I agree' or continuing to use the site). Under the Kenya Information and Communications Act and the Law of Contract Act (Cap. 23), online agreements are enforceable. Terms buried in a footer without any user acknowledgement are harder to enforce.
What must Kenyan website terms include?
At minimum: who operates the site, acceptable use restrictions, intellectual property notice (you own the content), disclaimer of warranties, limitation of liability, governing law, and how to contact you. If the site collects personal data, the terms must link to a compliant Privacy Policy under the Kenya Data Protection Act 2019.
Are website terms from Kenya enforceable internationally?
Terms specifying Kenyan governing law are generally respected by common law courts internationally. However, consumer protection laws in the user's jurisdiction (e.g. EU GDPR, UK Consumer Rights Act) may apply regardless of the governing law clause for users in those jurisdictions.