TERMS OF USE

1. AGREEMENT TO TERMS

Welcome to the Zitheka Law Assist website and services ("Site" or "Services"). This Site is operated by Zitheka Law Assist, a legal consultancy service based in Illinois, United States ("Zitheka," "we," "us," or "our").

By accessing or using our Site and Services, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Site or Services.

We reserve the right to modify these Terms at any time by posting updated Terms on our Site. Your continued use of the Site after such modifications constitutes your agreement to the updated Terms. We will notify users of material changes through email or prominent Site notices.

2. NATURE OF SERVICES AND INFORMATION

Legal Consultancy Services

Zitheka Law Assist provides legal advisory and consultancy services, including:

  • Legal consultations and strategic guidance
  • Document review and analysis
  • Coordination with licensed attorneys in Malawi
  • Legal opinion drafting
  • Case management and oversight services

Important Limitations

We are not a law firm. While our team includes attorneys with experience in Malawi, we are not currently licensed to practice law in Malawi or represent clients directly in Malawian courts.

No Attorney-Client Relationship

Website Content: Information provided on this Site is for general informational purposes only and does not constitute legal advice. Your use of this Site does not create an attorney-client relationship between you and Zitheka Law Assist.

Service Engagement: An attorney-client relationship is established only through:

  • Execution of a formal engagement agreement
  • Payment of agreed-upon fees
  • Our written confirmation of representation

Disclaimer of Legal Advice

The information and materials on this Site are not intended to:

  • Constitute legal advice for any specific situation
  • Replace consultation with qualified legal counsel
  • Create any legal obligations or duties

You should always consult with a licensed attorney in the relevant jurisdiction for specific legal advice regarding your circumstances.

3. SCOPE OF SERVICES

What We Provide

  • Legal consultations via video conference
  • Document review and analysis
  • Strategic legal guidance and opinions
  • Coordination with licensed Malawian attorneys
  • Case monitoring and management services
  • Legal research and procedural guidance

What We Do Not Provide

  • Direct representation in Malawian courts
  • Handling of client funds (except service fees)
  • Guaranteed legal outcomes
  • Emergency or urgent legal representation
  • Services outside our areas of expertise

Service Limitations

We explicitly do not:

  • Practice law in jurisdictions where we are not licensed
  • Appear in court on behalf of clients
  • Handle client money for third-party payments
  • Provide services outside our documented areas of expertise

4. USER RESPONSIBILITIES AND CONDUCT

Acceptable Use

You agree to use our Site and Services only for lawful purposes and in accordance with these Terms. You will not:

  • Provide false or misleading information
  • Use Services for any illegal or unauthorized purpose
  • Attempt to gain unauthorized access to our systems
  • Interfere with the proper operation of our Services
  • Violate any applicable laws or regulations

Information Accuracy

You are responsible for:

  • Providing accurate and complete information
  • Promptly updating any changes to your information
  • Maintaining the confidentiality of your account credentials
  • Notifying us immediately of any security breaches

Confidentiality

You acknowledge that you may receive confidential information and agree to:

  • Maintain strict confidentiality of all communications
  • Not disclose sensitive information to unauthorized parties
  • Use information only for the intended legal purposes
  • Return or destroy confidential materials upon request

5. INTELLECTUAL PROPERTY RIGHTS

Our Content

All materials on this Site, including text, graphics, logos, documents, and software, are owned by Zitheka Law Assist or used under license. This includes:

  • Website content and design
  • Legal documents and templates
  • Proprietary methodologies and processes
  • Trademarks and service marks

Permitted Use

You may:

  • View and download materials for personal, non-commercial use
  • Print materials for your own reference
  • Share publicly available content with proper attribution

Prohibited Use

You may not:

  • Copy, reproduce, or distribute our materials commercially
  • Modify, adapt, or create derivative works
  • Remove copyright or proprietary notices
  • Use our trademarks or branding without permission

6. THIRD-PARTY SERVICES AND LINKS

External Links

Our Site may contain links to third-party websites or services. We are not responsible for:

  • The content or practices of linked sites
  • The accuracy or reliability of third-party information
  • Any damages resulting from your use of linked sites
  • Privacy practices of external websites

Third-Party Service Providers

We work with various service providers, including:

  • Licensed attorneys in Malawi
  • Technology and communication platforms
  • Payment processing services
  • Document storage and management systems

Your use of third-party services is subject to their respective terms and conditions.

7. PAYMENT TERMS AND BILLING

Service Fees

Our fees are clearly outlined in our service packages and engagement agreements. You agree to:

  • Pay all fees as specified in your engagement agreement
  • Provide valid payment information
  • Pay invoices within specified timeframes
  • Cover any additional costs as agreed upon

Payment Processing

We use secure third-party payment processors. You are responsible for:

  • Ensuring payment method validity
  • Maintaining sufficient funds for agreed payments
  • Notifying us of any billing disputes promptly
  • Understanding payment processor terms and fees

Refunds and Cancellations

Refund policies are specified in individual engagement agreements and may vary based on:

  • Type of service provided
  • Stage of service completion
  • Specific circumstances of the case
  • Applicable consumer protection laws

8. DISCLAIMERS AND WARRANTIES

Service Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
  • ACCURACY, COMPLETENESS, OR TIMELINESS OF INFORMATION
  • UNINTERRUPTED OR ERROR-FREE SERVICE OPERATION

No Guaranteed Outcomes

We cannot and do not guarantee:

  • Specific legal outcomes or results
  • Success in any legal matter or transaction
  • Timing of legal processes or court decisions
  • Actions of third parties, including courts and government agencies

Information Accuracy

While we strive to provide accurate information, we do not warrant that:

  • All information is current or complete
  • Materials are free from errors or omissions
  • Services will meet all your specific requirements
  • Technical issues will not occur

9. LIMITATION OF LIABILITY

Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZITHEKA LAW ASSIST SHALL NOT BE LIABLE FOR:

Direct Damages:

  • Lost profits or business opportunities
  • Financial losses from legal matters
  • Costs of substitute services
  • Data loss or corruption

Indirect Damages:

  • Consequential or incidental damages
  • Punitive or exemplary damages
  • Emotional distress or reputational harm
  • Third-party claims or demands

Maximum Liability Cap

Our total liability for any claims arising from our services shall not exceed the amount you paid for the specific service giving rise to the claim.

Exceptions

Some jurisdictions do not allow certain liability limitations. In such cases, our liability is limited to the maximum extent permitted by applicable law.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Zitheka Law Assist, its officers, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of our Services or Site
  • Your violation of these Terms
  • Your violation of applicable laws or regulations
  • Inaccurate or false information you provide
  • Your breach of confidentiality obligations

11. DISPUTE RESOLUTION

Governing Law

These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles.

Dispute Resolution Process

Step 1: Direct Communication

We encourage resolving disputes through direct communication. Please contact us first to discuss any concerns.

Step 2: Mediation

If direct communication fails, disputes will be resolved through mediation administered by the American Arbitration Association in Chicago, Illinois.

Step 3: Arbitration

Unresolved disputes after mediation will be settled by binding arbitration under AAA Commercial Arbitration Rules, with hearings in Chicago, Illinois.

Class Action Waiver

You agree to resolve disputes individually and waive the right to participate in class actions or representative proceedings.

Exceptions

This dispute resolution process does not apply to:

  • Claims for injunctive relief
  • Intellectual property disputes
  • Small claims court matters (under applicable limits)

12. TERMINATION

Termination by You

You may terminate your use of our Services at any time by:

  • Providing written notice
  • Completing any ongoing service commitments
  • Paying all outstanding fees

Termination by Us

We may terminate or suspend your access to our Services:

  • For violation of these Terms
  • For non-payment of fees
  • For fraudulent or illegal activity
  • For any reason with 30 days' notice

Effects of Termination

Upon termination:

  • Your right to use our Services ceases immediately
  • You remain liable for all accrued fees and obligations
  • Confidentiality obligations survive termination
  • We may retain information as required by law or professional obligations

13. PRIVACY AND DATA PROTECTION

Privacy Policy

Your privacy is important to us. Our Privacy Policy, incorporated by reference, explains how we collect, use, and protect your information.

Data Security

We implement reasonable security measures to protect your information, but cannot guarantee absolute security of data transmitted over the internet.

International Data Transfers

Due to the nature of our services, your information may be transferred to and processed in Malawi and other countries where we work with legal partners.

14. MISCELLANEOUS PROVISIONS

Entire Agreement

These Terms, together with our Privacy Policy and any executed engagement agreements, constitute the entire agreement between you and Zitheka Law Assist.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other rights.

Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights and obligations without restriction.

Force Majeure

We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including natural disasters, government actions, or technical failures.

Survival

Provisions relating to intellectual property, confidentiality, indemnification, limitation of liability, and dispute resolution survive termination of these Terms.

15. PROFESSIONAL STANDARDS AND ETHICS

Ethical Obligations

We adhere to the highest professional and ethical standards, including:

  • Maintaining client confidentiality
  • Avoiding conflicts of interest
  • Providing competent representation
  • Acting with integrity and honesty

Professional Licensing

We comply with all applicable professional licensing and regulatory requirements in jurisdictions where we operate.

Continuing Education

Our team maintains current knowledge through ongoing professional development and legal education.

16. CONTACT INFORMATION

For Questions About These Terms:

  • Email: info@zitheka.com
  • Address: Zitheka LLC, 1107 E Florida Ave 32A, Urbana, Illinois 61801, United States

For General Inquiries:

17. ACKNOWLEDGMENT

By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. You also acknowledge that these Terms may be updated periodically and that your continued use constitutes acceptance of any modifications.

These Terms of Use are designed to comply with applicable laws in Illinois and other jurisdictions where we provide services. This document should be reviewed periodically to ensure continued compliance with changing legal requirements.