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Terms and Conditions

Last updated: January 2026

These Terms and Conditions constitute a legally binding agreement between you and Ashworth Partners. By accessing our website or engaging our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with these Terms, you should not use our website or services.

This document should be read in conjunction with our Terms of Service and Privacy Policy, which form part of this agreement. In the event of any conflict between these documents, the most specific provision shall prevail.

1. Acceptance and Scope

1.1 Agreement Formation: These Terms and Conditions become effective when you access our website, use our services, or engage with our content. Your continued use constitutes ongoing acceptance of these Terms.

1.2 Capacity to Contract: By agreeing to these Terms, you represent that you are at least 18 years of age and have the legal capacity to enter into binding contracts. If you are accessing our services on behalf of an organisation, you represent that you have authority to bind that organisation to these Terms.

1.3 Modifications: We reserve the right to modify these Terms at any time. Material changes will be communicated through our website or via email where appropriate. Your continued use following such changes constitutes acceptance of the modified Terms.

1.4 Additional Terms: Specific services may be subject to additional terms and conditions set forth in service agreements, engagement letters, or other contractual documents. Such additional terms supplement and do not replace these general Terms and Conditions.

2. User Obligations and Conduct

2.1 Lawful Use: You agree to use our services only for lawful purposes and in accordance with these Terms. You shall comply with all applicable local, national, and international laws and regulations in your use of our services.

2.2 Prohibited Activities: You agree not to engage in any of the following prohibited activities:

• Violating any applicable laws, regulations, or third-party rights
• Engaging in fraudulent, deceptive, or misleading practices
• Transmitting harmful software, viruses, or malicious code
• Attempting to gain unauthorised access to our systems or networks
• Interfering with the proper functioning of our services
• Using automated systems to scrape or harvest data without permission
• Impersonating any person or entity or falsely stating affiliation
• Harassing, threatening, or abusing our staff or other users
• Collecting personal information about others without consent
• Using our services for unsolicited marketing or spam

2.3 Accuracy of Information: You agree to provide accurate, current, and complete information when requested. You shall promptly update any information to maintain its accuracy. Providing false or misleading information may result in termination of access to our services.

2.4 Account Security: Where applicable, you are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorised use of your account or any other security breach.

2.5 Professional Conduct: When engaging with our staff or services, you agree to conduct yourself in a professional and respectful manner. We reserve the right to refuse service to anyone who engages in abusive, threatening, or inappropriate behavior.

3. Liability and Warranties

3.1 Disclaimer of Warranties: Our services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties of title, non-infringement, or quiet enjoyment
• Warranties regarding accuracy, reliability, or completeness of content
• Warranties that services will be uninterrupted, secure, or error-free
• Warranties that defects will be corrected

3.2 Limitation of Liability: To the maximum extent permitted by law, Ashworth Partners and its directors, employees, partners, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to:

• Loss of profits, revenue, or business opportunities
• Loss of data or business interruption
• Loss of goodwill or reputation
• Cost of substitute services or products
• Personal injury or property damage

3.3 Cap on Liability: Our total aggregate liability arising from or related to these Terms or our services shall not exceed the total amount paid by you to us in the twelve months immediately preceding the event giving rise to liability, or £100, whichever is greater.

3.4 Exceptions: Nothing in these Terms shall exclude or limit our liability for death or personal injury caused by our negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.

3.5 No Guarantee of Results: We do not guarantee any specific outcomes or results from the use of our services. Success depends on numerous factors beyond our control, including but not limited to market conditions, your implementation of recommendations, resource availability, and external circumstances.

4. Indemnification

4.1 Your Indemnification Obligations: You agree to indemnify, defend, and hold harmless Ashworth Partners and its directors, officers, employees, partners, agents, contractors, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable legal fees) arising from or relating to:

• Your use or misuse of our services
• Your breach of these Terms and Conditions
• Your violation of any applicable laws, regulations, or third-party rights
• Content or information you submit, post, or transmit through our services
• Your negligent or willful misconduct
• Any claims brought by third parties arising from your use of our services

4.2 Defence and Settlement: We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you. You agree to cooperate fully with us in asserting any available defences and shall not settle any claim without our prior written consent.

4.3 Notice Requirement: You agree to promptly notify us of any claims for which indemnification may be required. Failure to provide timely notice may affect our ability to defend such claims and may reduce or eliminate your indemnification obligations to the extent we are prejudiced by the delay.

5. Confidentiality and Data Protection

5.1 Confidential Information: In the course of our engagement, both parties may have access to confidential information. You agree to keep confidential all information disclosed to you by Ashworth Partners that is marked as confidential or that would reasonably be considered confidential under the circumstances.

5.2 Use of Confidential Information: Confidential information may only be used for the purposes for which it was disclosed and shall not be disclosed to third parties without prior written consent, except as required by law or court order.

5.3 Data Protection: We process your personal data in accordance with our Privacy Policy and applicable data protection laws, including the UK GDPR and Data Protection Act 2018. By using our services, you consent to such processing and warrant that all data provided by you is accurate.

5.4 Client Information Security: You are responsible for the security of any information you share with us through our website or other channels. We recommend using secure methods of communication when sharing sensitive information.

6. Intellectual Property

6.1 Ownership: All intellectual property rights in our website, services, content, methodologies, frameworks, and materials (including but not limited to text, graphics, logos, images, software, code, and trademarks) are owned by or licensed to Ashworth Partners and are protected by copyright, trademark, and other intellectual property laws.

6.2 Restrictions: You may not copy, reproduce, distribute, publish, display, perform, modify, create derivative works from, transmit, or otherwise exploit any content or materials from our website or services without our express written permission.

6.3 Service Deliverables: Work product created specifically for you under a service engagement shall be addressed in the relevant service agreement. Unless otherwise specified in writing, we retain all intellectual property rights in our methodologies, frameworks, and know-how.

6.4 User Submissions: By submitting content to us, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and distribute such content solely for the purpose of providing services to you and improving our services.

7. Termination

7.1 Termination by You: You may stop using our services at any time. Termination of specific service engagements shall be governed by the terms set forth in the relevant service agreement.

7.2 Termination by Us: We reserve the right to suspend or terminate your access to our services at any time, with or without cause, and with or without notice. Grounds for termination may include, but are not limited to:

• Breach of these Terms and Conditions
• Fraudulent, abusive, or illegal activity
• Non-payment of fees
• Requests by law enforcement or regulatory authorities
• Technical or security issues
• Extended periods of inactivity

7.3 Effect of Termination: Upon termination, all rights granted to you under these Terms shall immediately cease. Provisions that by their nature should survive termination shall survive, including but not limited to warranties, indemnification, limitations of liability, and dispute resolution.

7.4 Data Retention: Following termination, we may retain your information as required by law or for legitimate business purposes. You may request deletion of your data subject to our legal and operational requirements.

8. Governing Law and Dispute Resolution

8.1 Governing Law: These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, without giving effect to any principles of conflicts of law.

8.2 Jurisdiction: You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation.

8.3 Informal Resolution: Before initiating formal proceedings, we encourage you to contact us to attempt to resolve the dispute informally. Many disputes can be resolved more quickly and cost-effectively through direct negotiation.

8.4 Time Limitation: Any claim or cause of action arising from or related to these Terms or our services must be filed within one year after the claim or cause of action arose, or it will be permanently barred.

9. General Provisions

9.1 Entire Agreement: These Terms and Conditions, together with our Privacy Policy, Cookie Policy, Terms of Service, and any service-specific agreements, constitute the entire agreement between you and Ashworth Partners and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

9.2 Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be made enforceable, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

9.3 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

9.4 Assignment: You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without our prior written consent. We may assign our rights and obligations under these Terms at any time without notice, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

9.5 Force Majeure: We shall not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, government action, telecommunications failures, power failures, or natural disasters.

9.6 Headings: The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

9.7 Interpretation: In these Terms, unless the context requires otherwise, references to the singular include the plural and vice versa, and words denoting any gender include all genders.