Copyright

Preamble

These Website Terms and Conditions (“Terms”) govern access to and use of the official website of the Institute of Human Resource Management (IHRM), found at www.ihrm.go.ke, together with all associated portals, sub-domains, the Member Portal, the “Transcend” system, the Digital Academy platform, and any other digital service operated by or on behalf of IHRM (collectively, the “Website”).

IHRM is a statutory professional body and state corporation established under the Human Resource Management Professionals Act (Cap. 538) of the Laws of Kenya, mandated to regulate the human resource management (HRM) profession in Kenya. These Terms should be read together with the IHRM Privacy Notice, the Member Guidebook, the Service Charter, and the Code of Conduct, each of which is incorporated into these Terms by reference.

1. Definitions & Interpretation

a) In these Terms, unless the context otherwise requires:

• “Accredited Firm” means an organisation recognised by IHRM as meeting the standards for inclusion on the Trusted List;
• “Council” means the Governing Council of IHRM constituted under Cap. 538;
• “Data Protection Act” means the Data Protection Act (Cap. 411C) of the Laws of Kenya and any regulations, guidance, or determinations issued under it by the Office of the Data Protection Commissioner (ODPC);
• “Institute” or “IHRM” means the Institute of Human Resource Management established under Cap. 538, its Council, Committees, employees, and authorised agents;
• “Member Portal” means the restricted-access online platform through which Registered Members, Accredited Firms, and other Portal Users transact with IHRM;
• “Portal User” means any person granted restricted or credentialed access to the Member Portal, the Transcend module, the Digital Academy, or any other non-public area of the Website;
• “Registered Member” means a person admitted to and retained on the IHRM register of members in any Member Category recognised under Cap. 538 and the Member Guidebook;
• “Transcend” means the case-management and disciplinary/regulatory module operated by IHRM on the Website;
• “User” or “you” means any person who accesses, browses, registers on, or otherwise uses the Website, whether as a general visitor, Registered Member, Portal User, or in a representative capacity for an organisation; and
• “Website” has the meaning given in the Preamble.

b) References to statutes include any subsidiary legislation, legal notices, or regulations made under them, and to any statute amending, consolidating, or replacing them. Headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa, and words importing a gender include every gender.

2. Acceptance of Terms

a) By accessing, browsing, registering on, or otherwise using the Website in any way, the User confirms that they have read, understood, and agree to be bound by these Terms, the IHRM Privacy Notice, and every other policy referenced in these Terms. Use of the Website constitutes acceptance even where no account is created.

b) A person who does not agree to these Terms must discontinue use of the Website immediately and refrain from registering for any portal, service, or transaction offered on it.

c) IHRM may amend these Terms from time to time to reflect changes in the law, Institute policy, or Website functionality. The amended Terms take effect upon publication on the Website, save that no amendment shall apply retrospectively to a dispute or transaction that arose, or was substantially concluded, before the date of publication. Material changes affecting Registered Members or Portal Users will, where practicable, also be communicated by email or Member Portal notice.

d) A distinction is drawn between: (i) general visitors, who accept these Terms by the act of using the Website; and (ii) Registered Members, Accredited Firm representatives, Digital Academy learners, and other Portal Users, who must additionally provide affirmative, opt-in acceptance at the point of account creation and at each material renewal of these Terms.

e) Any person or organisation accessing the Website, the Member Portal, or the Transcend module on behalf of a corporate member, Accredited Firm, sponsor, or partner organisation warrants that they hold the authority to bind that organisation to these Terms.

f) The Website and Member Portal are intended for use by persons of legal capacity to contract under the Law of Contract Act (Cap. 23). Where the Website is used to transact — for example, payment of dues, Gift Shop purchases, or Digital Academy enrolment — the User must be at least eighteen (18) years of age, or must be transacting through a parent, guardian, or authorised institutional representative.

g) By registering on the Member Portal, the Digital Academy, or any other restricted area, or by providing an email address or mobile number for transactional purposes, a User consents to receive notices, receipts, renewal reminders, and other communications relating to these Terms and the Website electronically, and agrees that such electronic communications satisfy any requirement that a notice be given in writing.

3. Eligibility & Portal Registration

3.1 Categories of Website and Portal Users

The Website supports several categories of User, each subject to these Terms and, where applicable, additional eligibility criteria set out in the Service Charter:

• General visitors and members of the public browsing publicly available content (institutional background, Media Hub, Notice Board, Gift Shop catalogue).
• Registered Members of IHRM, classified by the Member Categories (e.g. Student, Graduate, Associate, Full, and Fellow membership, and any other category the Council may establish), each carrying distinct portal privileges and benefits.
• Accredited Firms and their authorised representatives, whose visibility on the public “Trusted List” is conditional on verified good standing.
• Branch officials, granted administrative access relevant to their branch’s geographical region.
• Council, Committee, and National Council members, whose leadership profiles and governance information are published on the Website.
• CPD and Digital Academy learners enrolling in courses, webinars, or the Webinar Archive.
• Corporate, sponsor, and partner accounts, used for recognition, procurement (tenders), and event-sponsorship purposes.
• Authorised IHRM staff and system administrators.

3.2 Registration Requirements

a) Registration on the Member Portal, Digital Academy, or any other restricted area requires the User to supply accurate, current, and complete information, which may include full name, national identification or passport number, contact details, membership number (where applicable), professional qualifications, and payment details for annual dues or course fees.

b) Users must promptly update their registration information if it changes, including changes to contact details, employer, or membership category.

c) Eligibility for Member Portal access and its associated privileges is tied to good standing as defined in the Service Charter and the applicable Member Category, including up-to-date payment of annual subscription dues. IHRM reserves the right to verify a registrant’s professional credentials and membership status against Council and Committee records before activating or continuing portal access.

d) Registration information that is false, misleading, or submitted through impersonation of another person or firm is grounds for immediate suspension or termination of the account without refund of any fees paid, and may be referred to the Institute’s Disciplinary Committee under Cap. 538 and its subsidiary legislation.

e) IHRM reserves the right, at its sole discretion, to refuse, suspend, downgrade, or revoke registration or portal access, in particular where: dues remain unpaid; the registrant is the subject of disciplinary proceedings or sanction by the Institute; the registrant has breached these Terms; or continued access would expose the Institute or its members to legal or reputational risk.

f) Inclusion of an Accredited Firm on the public “Trusted List” is expressly conditional on the firm having fully settled its dues for the then-current calendar year (2026 for this version of the Website). IHRM may remove a firm from the Trusted List without prior notice, immediately upon lapse of paid-up status, and re-list it upon confirmed settlement.

4. Account Security & Responsibility for Institutional IDs

a) Users are solely responsible for maintaining the confidentiality of their login credentials, including usernames, passwords, membership identification numbers, one-time passcodes, and any credentials issued for the Member Portal, the Transcend module, or the Digital Academy.

b) Users must notify the IHRM ICT Helpdesk immediately upon becoming aware of any suspected unauthorised access to, or compromise of, their account or credentials, through the contact channels published under Section 13.

c) Save as required by IHRM’s own obligations as a data controller/processor under the Data Protection Act and the IHRM Data Protection Policy, IHRM shall not be liable for any loss or damage arising from a User’s failure to safeguard their login credentials, including losses arising from sharing of credentials, weak passwords, or use of unsecured devices.

d) Institutional or official IHRM email addresses, and portal accounts issued to Council members, Committee members, branch officials, or staff, are for the use of the authorised individual only. Sharing of such credentials among colleagues, successors in office, or third parties is strictly prohibited, save through a formal, documented handover process approved by the relevant department.

e) IHRM may deploy additional security controls, including multi-factor authentication, session time-outs, and anomaly-detection monitoring, and reserves the right to suspend an account showing suspicious or anomalous activity pending verification of the account holder’s identity.

f) Branch officials issued portal access for the administration of their branch (per the Branch Directory) bear personal responsibility for actions taken under their credentials, including data entered or communications sent on behalf of the branch.

g) On cessation of a Council term, Committee membership, employment, or branch office, the outgoing individual’s elevated portal privileges will be revoked or reassigned as part of institutional off-boarding; the individual remains responsible for any use of their credentials prior to revocation.

5. Intellectual Property & Ownership of Content

5.1 Institute-Owned Content

a) All content published on the Website — including the Institute’s Background/History, Mission and Vision, Mandate and Core Goals, the Organisational Chart, leadership biographies and headshots, event photography and video, brand imagery, articles, magazines, e-bulletins, written speeches, podcasts and other audio/video files, Digital Academy course materials, and the overall design, layout, and “look and feel” of the Website — is owned by, or licensed to, IHRM and is protected under the Copyright Act (Cap. 130) and, where applicable, the Trade Marks Act (Cap. 506), Laws of Kenya.

b) The IHRM name, crest/logo, and any branding associated with the Transcend module or the IHRM Digital Academy are trademarks and/or trade names of the Institute. No person may use these marks, or any confusingly similar marks, without IHRM’s prior written consent.

c) Subject to these Terms, IHRM grants Users a limited, non-exclusive, non-transferable licence to view, download, and print Website content solely for personal, non-commercial, professional-development purposes. No User may reproduce, republish, distribute, adapt, or create derivative works from Institute content, or use it for commercial purposes, without IHRM’s prior written permission.

5.2 Paid and Restricted Content

a) Access to the Webinar Archive, Digital Academy courses, and any other paid content is granted as a personal, non-transferable licence to the paying User only. It does not include the right to download, record, screen-capture, or redistribute the material, or to share access credentials with any third party to circumvent payment.

b) IHRM reserves the right to suspend access to paid content, without refund, where a breach of this clause is established.

5.3 User-Generated and Third-Party Content

a) Where the Website permits Users to submit content (for example, testimonials, comments, complaint narratives, or Digital Academy discussion posts), the User grants IHRM a non-exclusive, royalty-free, worldwide licence to reproduce, adapt, and display that content on the Website and on IHRM’s official social media channels, for institutional and promotional purposes, subject to the Data Protection Policy. The User warrants that such content is their own original work, or that they hold all rights necessary to grant this licence, and that it does not infringe the rights of any third party.

b) Logos of partner institutions and event sponsors remain the property of those respective organisations. They are displayed on the Website solely for recognition purposes, under licence granted by way of the underlying partnership, sponsorship, or memorandum of understanding, and may be removed at the request of the partner or at IHRM’s discretion on expiry or termination of the relevant agreement.

c) Content originating from third parties (including embedded social media feeds and hyperlinks to partner or sponsor websites) remains the property of, and is governed by the terms of, its respective owner; IHRM makes no claim of ownership over such content and accepts no responsibility for it.

5.4 Reporting Infringement

A person who believes that content on the Website infringes their intellectual property rights may lodge a written complaint with the Executive Director using the contact details in Section 13, providing sufficient detail to identify the content and the right claimed to have been infringed. IHRM will review and respond to such complaints within a reasonable period and, where infringement is substantiated, will remove or disable access to the offending content.

6. Photo, Video & Media Consent

6.1 Consent to Capture and Publish

a) By attending or participating in any IHRM event — including the Annual General Meeting, Awards, HR Month activities, branch functions, CPD workshops, and webinars — or by otherwise appearing in photographs, video, or audio recordings taken by or on behalf of IHRM, a participant consents to IHRM capturing, editing, and publishing such media on the Website (including the homepage banner and Media Hub), on the Institute’s official social media pages, in the Institute’s printed and digital publications (magazines, e-bulletins), and in promotional or fundraising materials, without compensation to the participant, unless and until consent is withdrawn under clause 6.3.

b) This consent extends to Council, Committee, and National Council members in respect of their official headshot photographs and biographical profiles, published as part of the Institute’s governance transparency obligations; such publication is a condition attaching to the holding of office, without prejudice to the office-holder’s right to request correction of inaccurate information.

6.2 Basis Under the Data Protection Act

Photographs, video, and audio recordings that identify or are reasonably capable of identifying an individual constitute “personal data” under the Data Protection Act. IHRM processes such data on the lawful basis of consent, for event and member media, and/or legitimate interest, for institutional governance disclosures such as leadership profiles, consistent with the IHRM Data Protection Policy and Privacy Notice.

6.3 Right to Opt Out or Withdraw Consent

a) A member or event participant may withdraw consent to the future use of their image or voice recording by submitting a written request to the Communications Department or the Legal Department, using the channels in Section 13.

b) On receipt of a valid opt-out request, IHRM will use reasonable endeavours to remove the specified content from the Website and its official social media channels within a reasonable period, and to exclude the individual from future publications where practicable. IHRM cannot guarantee retraction of material already distributed in print, downloaded by third parties, or shared or re-published outside IHRM’s own platforms.

6.4 Media Involving Minors

Where an IHRM event — for example, an HR Month family activity — may result in the capture of recognisable images of a minor, IHRM will seek the specific consent of the minor’s parent or guardian before publishing such images, consistent with the heightened protections for children’s data under the Data Protection Act and applicable ODPC guidance. IHRM does not knowingly publish identifying information about minors beyond what is necessary for the stated purpose, and will remove any such material promptly upon a parent’s or guardian’s request.

7. Prohibited Code of Conduct

The following conduct is strictly prohibited in relation to the Website, the Member Portal, the Transcend module, and any other IHRM digital service:

7.1 Technical Misuse

a) Scraping, harvesting, extracting, copying, or otherwise collecting any content from the Website through automated means, including bots, web crawlers, scripts, spiders, data mining tools, artificial intelligence systems, or any similar technologies, without the Institute’s prior written authorisation, is strictly prohibited. This prohibition applies to, but is not limited to, the Branch Directory, the Trusted List of Accredited Firms, member records, Notice Board documents, publications, images, audio-visual materials, and all other Website content.

b) Attempting to gain unauthorised access to the Website, the Member Portal, or the Transcend module; conducting penetration testing or vulnerability scanning without prior written authorisation; introducing viruses, malware, or other harmful code; mounting denial-of-service or similar attacks; or otherwise attempting to circumvent authentication or security features. Such conduct may constitute an offence under the Computer Misuse and Cybercrimes Act, 2018.

7.2 Conduct Towards the Institute and Other Users

a) Impersonating IHRM, any Council, Committee, or National Council member, any member of staff, or any other User; or misrepresenting one’s membership category, professional qualifications, or Accredited Firm status.

b) Posting, uploading, or transmitting content that is defamatory, obscene, discriminatory, threatening, or otherwise unlawful; or harassing, abusing, or threatening other Users, Institute staff, or Council/Committee members through any Website feature, including comment sections, forums, or the complaints channel.

7.3 Commercial and Transactional Misuse

a) Submitting fraudulent orders on the Gift Shop, or misusing the payment or chargeback process in bad faith.

b) Submitting fraudulent responses to tenders, or false information in job/career applications posted on the Notice Board.

c) Using contact details obtained from the Branch Directory, the Trusted List, or any other Website listing for unsolicited commercial marketing unrelated to legitimate IHRM business.

7.4 Reporting and Consequences

Suspected breaches of this Code of Conduct should be reported to the ICT Department or the Legal Department using the contact details in Section 13. Confirmed breaches may result in suspension or termination of access, referral to the Institute’s Disciplinary Committee under Cap. 538 and the Code of Conduct, removal of content, and, where the conduct may constitute a criminal offence or a personal data breach, referral to the relevant law-enforcement agency and/or the Office of the Data Protection Commissioner (ODPC).

8. Limitation of Liability & System Availability (“As-Is” Clause)

a) The Website and all its features, functionalities, services, and content, including the Member Portal, the Transcend module, the Event Calendar, the Webinar Archive, the Digital Academy, the Gift Shop, and the Notice Board, are provided on an “as is” and “as available” basis. To the fullest extent permitted under the laws of Kenya, the Institute disclaims all representations, warranties, and conditions of any kind, whether express, implied, statutory, or otherwise, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, availability, completeness, or uninterrupted operation.

b) The Institute does not warrant or represent that the Website will operate uninterrupted, securely, or without error, that any defects or errors will be corrected, or that the Website, its servers, or any content made available through the Website are free from viruses, malware, or other harmful components that may affect the functionality or security of a User’s device, system, or data.

c) IHRM will endeavour to give reasonable advance notice of scheduled maintenance affecting the Website or Member Portal, but shall not be liable for any loss or inconvenience arising from planned or unplanned downtime, including any resulting inability to register for CPD events, complete Gift Shop purchases, or access the Transcend module during such periods.

d) To the fullest extent permitted by law, IHRM, its Council, Committees, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of data, revenue, profit, or business opportunity, arising out of or in connection with a User’s access to or use of, or inability to access or use, the Website.

e) IHRM is not responsible for the content, availability, security practices, or terms of any third-party websites linked from the Website, including partner or sponsor sites and third-party payment gateways used for dues, Gift Shop purchases, or Digital Academy fees. IHRM will assist with reasonable reconciliation efforts in the event of a payment gateway failure, without accepting liability for the gateway’s own default.

f) IHRM shall not be liable for any failure or delay in performance caused by circumstances reasonably beyond its control, including power or network outages, acts of government, or other force majeure events.

g) Nothing in these Terms shall exclude or limit any liability that cannot lawfully be excluded or limited under the laws of Kenya, including liability arising from fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or any statutory rights and consumer protections available under the Consumer Protection Act, 2012, in relation to transactions conducted through the Gift Shop.

9. Indemnification

a) A User agrees to indemnify and hold harmless IHRM, its Council, Committees, employees, and agents from and against any claim, liability, loss, damage, cost, or expense (including reasonable legal costs) arising out of or connected with: (i) the User’s breach of these Terms; (ii) the User’s misuse of the Website, the Member Portal, or the Transcend module; (iii) content the User submits or transmits through the Website that infringes the rights of a third party or is otherwise unlawful; or (iv) the User’s violation of any applicable law or the rights of any third party.

b) This indemnity is without prejudice to any other right or remedy available to IHRM under these Terms or at law, and survives the termination or expiry of a User’s registration or access.

10. Website Accessibility & Use of Cookies

a) IHRM is committed to making the Website accessible to the widest practicable range of users, including persons with disabilities, and will take reasonable steps, informed by recognised web accessibility standards, to improve the accessibility of the Website over time. A User who experiences difficulty accessing any part of the Website may notify the ICT Department using the contact details in Section 13.

b) The Website uses cookies and similar tracking technologies to support essential functionality (including Member Portal sessions and security), to analyse Website usage, and to improve content and services. Details of the categories of cookies used, their purpose, and how a User may manage or withdraw cookie consent are set out in the IHRM Privacy Notice and any accompanying cookie notice published on the Website.

c) Continued use of the Website with cookies enabled in the User’s browser constitutes acceptance of the use of cookies as described in the Privacy Notice, without prejudice to the User’s right to adjust browser settings to limit or block cookies, which may affect the functionality of certain Website features.

11. No Agency or Partnership; Third-Party Rights; Assignment

a) Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between IHRM and a User, and no User has authority to bind IHRM in any respect, save where separately and expressly authorised in writing.

b) These Terms are for the benefit of IHRM and the User only, and are not intended to confer any right or benefit on any other person, save that they may be relied upon by an Accredited Firm, sponsor, or partner organisation whose representative accepted these Terms on its behalf under clause 2(e).

c) IHRM may assign, transfer, or subcontract its rights and obligations under these Terms, in whole or in part, including in connection with any restructuring of the Institute’s digital services, without requiring a User’s consent, provided that the assignee agrees to be bound by these Terms. A User may not assign, transfer, or subcontract any right or obligation under these Terms without IHRM’s prior written consent.

12. Governing Law

a) These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya, including, without limitation, the Human Resource Management Professionals Act (Cap. 538) and its subsidiary legislation, the Data Protection Act (Cap. 411C) and applicable guidance issued by the Office of the Data Protection Commissioner, the Computer Misuse and Cybercrimes Act, 2018, the Copyright Act (Cap. 130), the Trade Marks Act (Cap. 506), the Consumer Protection Act, 2012, and any other applicable laws and regulations.

b) Before recourse to formal dispute resolution, a User is encouraged to first raise a grievance through IHRM’s internal Complaints Framework described in Section 13. Where a dispute cannot be resolved internally, the parties may explore mediation, arbitration, or other appropriate dispute resolution mechanisms recognised under Article 159 of the Constitution of Kenya, and, failing resolution, the dispute shall be subject to the exclusive jurisdiction of the courts of Kenya.

c) If any provision of these Terms is held by a court or other competent authority to be invalid, illegal, or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

d) These Terms, together with the policies they incorporate by reference, constitute the entire agreement between the User and IHRM regarding use of the Website, and supersede any prior understanding on the subject. No failure or delay by IHRM in exercising any right under these Terms operates as a waiver of that right.

e) Sections 4 (Account Security), 5 (Intellectual Property), 8 (Limitation of Liability), 9 (Indemnification), and 12 (Governing Law) survive the termination or expiry of a User’s registration or access, or the discontinuation of the Website, to the extent necessary to give them effect.

13. Contact & Opt-Out Requests

13.1 General Enquiries

Questions regarding these Terms, or any content on the Website, may be directed to the Executive Director using the official contact details published on the “Contact Us” page of the Website.

13.2 Data Subject Rights and Media Opt-Out Requests

Requests relating to personal data, including the withdrawal of consent for the use of photographs, video recordings, or other personal data under Section 6, and requests for access, rectification, erasure, restriction of processing, objection to processing, or any other rights available under the Data Protection Act, shall be submitted to the Institute’s Data Protection Officer (DPO) through the contact channel designated in the IHRM Privacy Notice. Such requests shall be made separately from general Website enquiries.

13.3 Complaints Framework

Members of the public and Members of the Institute may lodge a formal complaint relating to the Website, its content, services, or the conduct of any person through the Complaints tab on the Institute’s official website.

13.4 Branch-Level Contacts

For matters specific to a member’s region, the Branch Directory published on the Website provides the names and contact details of the relevant branch officials as the first point of escalation.

13.5 Accessibility Feedback

Feedback on the accessibility of the Website, including difficulties encountered by users of assistive technologies, may be directed to the ICT Department through the channels above.

13.6 Notice of Changes

Any amendment, revision, or update to these Terms shall be made and communicated in accordance with Section 2 of these Terms.