Disclaimers, privacy
& terms of use

Section 01

Website Disclaimer

The information on this website is provided by Ngoma Legal Practitioners for general informational purposes only, and to facilitate electronic communications and transactions as contemplated by the Electronic Communications and Transactions Act, 2021 ("ECTA"). While every reasonable effort is made to ensure that the information is accurate and up to date, no express or implied representation or warranty is given as to its completeness, accuracy, reliability, suitability, or availability.

1.1 No Legal Advice; No Lawyer-Client Relationship

The content of this website does not constitute legal advice and should not be relied upon as such. The information published may not reflect the most current legal developments, judicial decisions, or regulatory guidance.

No person should act, or refrain from acting, on the basis of any content on this website without obtaining legal or other professional advice tailored to their specific circumstances.

1.2 Privilege and Confidentiality

Communications submitted through this website are not protected by legal professional privilege unless and until a formal engagement has been established in writing. Duties of confidentiality and legal professional privilege arise under Zambian law and the applicable professional conduct framework governing legal practitioners.

1.3 Third-Party Links and Resources

This website may contain links or references to third-party websites, publications, or other resources for convenience only. Ngoma Legal Practitioners has no control over, and accepts no responsibility or liability for, the content, security, availability, accuracy, or privacy practices of any third-party resource. The inclusion of any link or reference does not imply endorsement, recommendation, or approval.

1.4 Availability, Viruses and Security

No guarantee is given that this website, or any content on it, will always be available, uninterrupted, error-free, secure, or free from viruses or other harmful components. Users are responsible for implementing appropriate safeguards for their own systems and devices. Unauthorised access to, interference with, or damage to this website, its servers, or associated systems may constitute an offence under applicable cyber-security and cyber-crime legislation in Zambia.

1.5 No Warranty and Limitation of Liability

To the fullest extent permitted by the laws of the Republic of Zambia, all warranties, representations, and conditions of any kind, whether express or implied, in relation to this website and its content are excluded. Ngoma Legal Practitioners, its partners, employees, consultants, and authorised representatives shall not be liable for any direct, indirect, incidental, consequential, special, or punitive loss, damage, claim, or expense arising out of or in connection with the use of, or inability to use, this website, its content, or any linked third-party resource. Nothing in these Legal Notices excludes or limits any liability that cannot lawfully be excluded or limited under applicable law.

Section 02

Email and Electronic Communications Notice

This section applies to all emails and other electronic communications sent by Ngoma Legal Practitioners and its partners, employees, consultants, and authorised representatives.

2.1 Privileged and Confidential

Emails and attachments may contain information that is confidential, legally privileged, or otherwise protected from disclosure. Such communications may attract legal professional privilege and confidentiality obligations under the laws of the Republic of Zambia and the applicable professional rules governing legal practitioners.

If an email from Ngoma Legal Practitioners is received in error:

• Any review, dissemination, distribution, copying, printing, storage, or other use of the email or its contents is strictly prohibited.
• The sender must be notified immediately by reply email.
• The original message and all copies must be deleted from the recipient's systems.

2.2 Security and Integrity of Electronic Communications

Electronic communications cannot be guaranteed to be secure, error-free, or virus-free. Information may be intercepted, corrupted, lost, destroyed, delayed, incomplete, or infected with malware or other harmful components. Ngoma Legal Practitioners accepts no liability for any error or omission arising from electronic transmission, nor for any loss or damage caused by any virus, malware, or harmful code transmitted by email.

To the extent that electronic communications involve the processing of personal data, such processing is undertaken in accordance with the Data Protection Act, 2021, including the principles of lawful, fair, and transparent processing, purpose limitation, data minimisation, accuracy, storage limitation, and integrity and confidentiality.

2.3 Authority, Contracts and Opinions

Any views or opinions expressed in an email are those of the individual author and do not necessarily represent those of Ngoma Legal Practitioners. No email or other electronic communication shall, by itself, constitute a binding agreement on behalf of Ngoma Legal Practitioners unless expressly stated and confirmed in accordance with internal authorisation procedures and the Electronic Communications and Transactions Act, 2021.

Section 03

Privacy Policy

Ngoma Legal Practitioners is committed to protecting the privacy and personal data of visitors to its website and of its clients and contacts. This Privacy Policy explains how personal data is collected, used, stored, disclosed, and otherwise processed in accordance with the Data Protection Act No. 3 of 2021 of the Laws of Zambia.

3.1 Data Controller and Scope

For the purposes of the Data Protection Act, Ngoma Legal Practitioners acts as the data controller in relation to personal data collected through this website and in the course of providing legal services. The Data Protection Act establishes the Office of the Data Protection Commissioner and provides the framework for lawful, fair, and transparent processing of personal data, including rules on consent, data subject rights, security, and cross-border transfers.

3.2 Personal Data Collected

The categories of personal data that may be collected and processed include:

• Contact information voluntarily provided, including name, job title, organisation, email address, telephone number, postal address, and the contents of enquiries.
• Technical and usage data automatically collected through the website, including IP address, browser type and version, operating system, device identifiers, referring URLs, pages visited, and interaction data, often by means of cookies and similar technologies.
• Client and matter-related information obtained in the course of professional engagements, including identification data, KYC and AML information, instructions, transaction details, correspondence, and supporting documents.

Where personal data of third parties is provided, the person providing it must ensure that they are lawfully entitled to do so and that the relevant individuals are aware of this Privacy Policy.

3.3 Purposes of Processing

Personal data may be processed for the following purposes:

• Responding to enquiries and providing requested legal and related services.
• Managing client and professional relationships.
• Communicating legal updates, publications, alerts, and invitations where consent has been given or where otherwise permitted by law.
• Operating, administering, securing, and improving the website, services, systems, and internal processes, including analysis, testing, troubleshooting, and statistical review.
• Complying with legal, regulatory, and professional obligations, including obligations relating to anti-money laundering, counter-terrorist financing, taxation, and record-keeping.
• Establishing, exercising, or defending legal claims and protecting the rights, property, and safety of the firm, its clients, and other persons.

No automated decision-making producing legal or similarly significant effects is carried out unless permitted or required by law and properly notified.

3.4 Legal Bases for Processing

In accordance with sections 12, 13, and 15 of the Data Protection Act, personal data is processed on one or more of the following lawful bases:

• Consent, where clear, informed, specific, and freely-given consent has been provided for one or more purposes, including receiving newsletters or marketing communications.
• Contractual necessity, where processing is required for the performance of a contract or to take steps at the request of a data subject prior to entering into a contract.
• Legal obligation, where processing is necessary to comply with obligations imposed by law, regulation, or professional rules.
• Legitimate interests, where processing is necessary for legitimate interests pursued by Ngoma Legal Practitioners or a third party and such interests are not overridden by the rights and freedoms of the data subject.

Where processing is based on consent, the data subject has the right to withdraw that consent at any time, without affecting the lawfulness of prior processing.

3.5 Sharing and Disclosure of Personal Data

Personal data is not sold, traded, or rented to third parties. Personal data may, however, be shared with:

• Service providers and professional advisers assisting in the operation of the practice, including IT, cloud, document management, audit, insurance, and advisory providers, subject to appropriate confidentiality and data-protection obligations.
• Regulatory bodies, law-enforcement agencies, courts, tribunals, or other authorities where disclosure is required by law, regulation, court order, or professional obligation, or where necessary to protect legal rights.
• Other professional advisers, counterparties, and third parties involved in client matters where reasonably necessary for the provision of services or where express consent has been given.

Where personal data is transferred outside Zambia, such transfer shall be undertaken in accordance with the cross-border transfer provisions of the Data Protection Act and any applicable safeguards or authorisations.

3.6 Data Retention

Personal data is retained only for as long as reasonably necessary to fulfil the purposes for which it was collected, including legal, regulatory, accounting, and reporting requirements. Retention periods are determined with regard to the nature and duration of the engagement, the type and sensitivity of the data, the risk of harm from unauthorised use or disclosure, and applicable limitation periods. Client files and related records are retained in accordance with professional obligations under Zambian law and applicable regulatory rules.

3.7 Rights of Data Subjects

Subject to statutory exemptions and limitations, and in accordance with sections 58 to 65 of the Data Protection Act, a data subject may have the right to:

• Request access to personal data and information about how it is processed.
• Request rectification of inaccurate or incomplete personal data.
• Request erasure of personal data, subject to applicable legal and professional obligations.
• Object to or request restriction of certain processing, including processing for direct marketing.
• Exercise the right to data portability where applicable.
• Withdraw consent at any time where processing is based on consent.

Requests to exercise these rights may be submitted using the contact details set out below. Verification of identity may be required before a request is processed. A complaint may also be lodged with the Office of the Data Protection Commissioner where a data subject believes their rights have been infringed.

3.8 Data Security

Appropriate technical and organisational measures are implemented to protect personal data against unauthorised or unlawful processing and against accidental loss, destruction, or damage, as required by the Data Protection Act. Such measures may include access controls, encryption, secure storage, monitoring, internal policies, and staff training. No method of transmission or storage is completely secure, and absolute security cannot be guaranteed.

Section 04

Terms of Use

By accessing or using this website, the user agrees to be bound by these Terms of Use. If the user does not agree, the website should not be used. These Terms of Use may be updated from time to time by posting a revised version on this website, and continued use after such posting constitutes acceptance of the revised terms.

4.1 Intellectual Property

All content on this website, including text, graphics, logos, images, icons, audio or video materials, software, and the compilation and arrangement thereof, is the property of Ngoma Legal Practitioners or its content suppliers and is protected by copyright, trademark, and other intellectual-property laws of Zambia and applicable international instruments.

Content may be viewed, downloaded, and printed for personal, non-commercial use and legitimate business purposes connected with receiving legal services, provided that all copyright and proprietary notices are retained. No content may otherwise be reproduced, modified, adapted, distributed, transmitted, displayed, published, sold, licensed, or used to create derivative works without prior written consent.

4.2 Permitted and Prohibited Use

This website may be used only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the website by any third party.

Users shall not:

• Use the website in any way that breaches any applicable law or regulation.
• Upload or transmit any material that is unlawful, defamatory, obscene, offensive, discriminatory, infringing, or otherwise objectionable.
• Attempt to gain unauthorised access to, interfere with, damage, or disrupt any part of the website or any connected server, computer, or database, including by introducing viruses, trojans, worms, logic bombs, or other malicious material.
• Use automated means, including bots, spiders, or scrapers, to extract data from the website for commercial purposes without prior written consent.

Ngoma Legal Practitioners reserves the right to restrict, suspend, or terminate access to the website at any time where a breach of these Terms of Use is reasonably suspected.

4.3 Third-Party Services

This website may integrate or interact with third-party services or platforms, including analytics providers, map services, and embedded content providers. Use of such third-party services may be subject to separate terms and privacy notices issued by those providers, for which Ngoma Legal Practitioners accepts no responsibility.

4.4 Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of or in connection with them, including non-contractual disputes or claims, shall be governed by and construed in accordance with the laws of the Republic of Zambia. The courts of the Republic of Zambia shall have exclusive jurisdiction to determine any such dispute or claim.

Section 05

Cookies

This website may use cookies and similar technologies to enhance user experience, analyse website traffic, and understand how visitors interact with website content.

5.1 Nature and Use of Cookies

Cookies are small text files stored on a user's device when visiting a website. They enable the website to recognise the device and remember information about the visit. Cookies used on this website may include:

• Strictly necessary cookies required for operation of the website.
• Performance and analytics cookies used to understand usage and improve functionality.
• Functionality cookies used to remember user preferences and enhance features.

Where cookies or similar technologies collect online identifiers or other information relating to an identified or identifiable natural person, such information constitutes personal data and is processed in accordance with the Data Protection Act and this Privacy Policy.

5.2 Managing Cookies

Most web browsers allow users to manage cookies through browser settings, including blocking or deleting cookies. Disabling certain cookies may affect the performance or functionality of this website.

Section 06

Contact and Regulatory Information

If there are any questions or concerns about these Legal Notices, the Privacy Policy, the Terms of Use, or the handling of personal data, contact:

Ngoma Legal Practitioners is a Zambian partnership registered under partnership number 320241005063 and operates within the professional regulatory framework applicable in Zambia. The handling of personal data is regulated by the Data Protection Act, 2021 and overseen by the Office of the Data Protection Commissioner.