Terms and Conditions

Binding Legal Agreement

These Terms and Conditions constitute a legally binding agreement between you and Kinworth regarding your use of our website and consulting services. By accessing our website or engaging with our services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

If you are entering into this agreement on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms. In such cases, references to "you" include both you personally and the organisation you represent.

These Terms apply in addition to any separate service agreements we may enter into with you for specific consulting engagements. In the event of a conflict, the terms of the specific service agreement will take precedence.

User Obligations and Conduct

1. Legal Compliance

You agree to comply with all applicable laws and regulations when using our website and services, including but not limited to:

UK data protection and privacy laws
Intellectual property laws and regulations
Anti-discrimination and employment laws where relevant
Business and commercial regulations applicable to your industry
Any other laws governing your use of online services

2. Prohibited Conduct

You must not engage in any of the following prohibited activities:

Violating or circumventing any laws, regulations, or contractual obligations
Infringing upon the intellectual property, privacy, or other rights of others
Distributing harmful, offensive, or illegal content
Engaging in fraud, deception, or misrepresentation
Attempting to gain unauthorised access to our systems or other users' information
Interfering with or disrupting the operation of our website or services
Using our services for any unlawful, harmful, or unethical purpose

3. Content Restrictions

When providing information or content to us, you must ensure that it:

Is accurate and not misleading
Does not violate any third party's rights
Does not contain confidential information unless authorised to share it
Does not contain malicious code, viruses, or harmful components
Complies with professional and ethical standards

4. Age Requirements

Our services are intended for business use by individuals who are at least 18 years old or the age of majority in their jurisdiction. By using our website and services, you represent that you meet these age requirements. If you are under the required age, you may not use our services.

Liability and Warranties

1. Disclaimer of Warranties

Our website and services are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including but not limited to:

Warranties of merchantability and fitness for a particular purpose
Warranties that the services will be uninterrupted, error-free, or secure
Warranties regarding the accuracy, completeness, or reliability of content
Warranties that defects will be corrected or that the website is free from harmful components

While we strive to provide high-quality services, we cannot guarantee specific results or outcomes from our consulting work.

2. Limitation of Liability

To the maximum extent permitted by law, Kinworth, its directors, employees, and agents shall not be liable for:

Any indirect, incidental, special, consequential, or punitive damages
Loss of profits, revenue, data, or business opportunities
Loss of goodwill or reputation
Service interruptions or data loss
Any damages arising from your use or inability to use our services

Where liability cannot be excluded by law, our total liability shall not exceed the amount paid by you for the specific service giving rise to the liability, or £500, whichever is greater.

3. Indemnification

You agree to indemnify, defend, and hold harmless Kinworth and its directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from your use of our services, violation of these Terms, or infringement of any third party rights. This obligation survives the termination of your use of our services.

4. Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, pandemics, government actions, telecommunications failures, or power outages. Such circumstances shall suspend our obligations for the duration of the force majeure event.

5. Third Party Links and Content

Our website may contain links to third-party websites or resources. We do not endorse and are not responsible for the content, accuracy, or practices of such third parties. Your use of third-party websites is at your own risk and subject to their terms and policies.

Legal Framework and Dispute Resolution

1. Governing Law

These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of England and Wales.

2. Dispute Resolution

In the event of a dispute:

We encourage you to contact us first to attempt an informal resolution
If informal resolution is unsuccessful, disputes may be escalated to mediation
Both parties agree to make good faith efforts to resolve disputes amicably
If mediation fails, disputes will be resolved through the courts of England and Wales

3. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed from these Terms. The remaining provisions shall continue in full force and effect, and the invalid provision shall be replaced with a valid provision that most closely reflects the original intent.

4. Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and Kinworth regarding your use of our services. They supersede all prior or contemporaneous understandings, agreements, or communications, whether written or oral.

5. Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorised representative of Kinworth.

6. Assignment

You may not assign or transfer these Terms or any rights granted hereunder without our prior written consent. We may assign these Terms or any rights under them without restriction. Any attempted assignment in violation of this provision shall be void.

7. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be effective upon posting to the website. Your continued use of our services after changes are posted constitutes acceptance of the modified Terms. We recommend reviewing these Terms periodically to stay informed of any updates.

8. Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Questions or Concerns

If you have questions about these Terms and Conditions or wish to discuss any aspect of them, please contact us using the information provided at the top of this page. We are committed to addressing your concerns and ensuring clarity regarding our legal terms.