Terms & Conditions of Use

 

Terms & Conditions of Use

Last updated: 20 September 2018

The content on this page or medium (“Medium”) is edited by Macdonald & Muir Limited a company registered in Scotland (company number: SC 19038), whose registered office is located at The Cube, 45 Leith Street, Edinburgh EH1 3AT  (“Entity”).

Any use of this Medium by any person (“you” or the “user”) is governed by these terms & conditions of use (Terms & Conditions”). The purpose of these Terms & Conditions is to define the conditions of access, navigation and use of the Medium in addition to the terms and conditions of use of the platform featuring the Medium. These Terms & Conditions are without prejudice to the terms and conditions of use of the platform featuring the Medium and are not intended to contravene, replace or supersede such platform’s terms and conditions of use.

By accessing and using this Medium, you accept without restriction to apply these Terms and Conditions as well as the provisions concerning the protection of personal data (read the Privacy Notice).

Entity may revise or update these Terms and Conditions and the Privacy Notice at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Privacy Notice on a regular basis.

Entity provides this Medium only for persons who have reached the legal age to consume and/or purchase alcoholic beverages (whichever is the higher) in their location of residence and provided that the consumption and/or purchase of alcoholic beverages is legal. If no such laws exist in your location of residence, you must be over 21 to access the Medium.

This Medium is not intended to be seen in location with restrictions on advertising on alcoholic beverages.

Moët Hennessy and its Maisons believe that their high-quality products should be enjoyed in moderation. To consolidate its commitment, Moët Hennessy actively participates in various sectoral organizations promoting responsible consumption.

1. Access to the Medium

Necessary hardware and software to access Internet and this Medium are under sole liability of the users.

Entity reserves the right, in its absolute discretion, to suspend or terminate access or navigation to all or part of the Medium and/or its content and/or the available services without prior notice and without entitling any user to claim any indemnity or compensation.

It is forbidden to do anything in order to obtain unauthorized access to the Medium.

2. Links

The Medium may include links to other web sites or other internet sources (including any source proposed by the platform featuring the Medium). As Entity cannot control these web sites and external sources, Entity cannot be held responsible for the provision or display of these web sites and external sources, and may not be held liable for the content, advertising, products, services or any other material available on or from these web sites or external sources. Furthermore, Entity cannot be held responsible for any demonstrated or alleged harm or losses resulting from (directly or indirectly) or in relation to the use of, or the fact of having had confidence in, the content, goods or services available on these web sites or external sources.

3. User responsible behaviour

Each user warrants:

- to be of minimum age legally required to consume and/or purchase alcohol in accordance with the regulations of user’s location of residence,
- to use the Medium for user’s personal and lawful use only, excluding therefore any other commercial use without the prior written consent of Entity.

When using the Medium, users must behave responsibly, lawfully, with courtesy and respectful towards other users, Entity, its subsidiaries, affiliates and third parties.

User must notably refrain from:

- sending or forwarding by e-mail or by any other mean (including by sharing) any content of the Medium to persons under the legal alcohol drinking and/or purchasing age in their location of residence or residing in a location restricting or prohibiting the advertising of alcoholic beverages,
- uploading, displaying, sending by e-mail or by any other mean any illegal, detrimental, defamatory, offensive, racist, vulgar, obscene, threatening, violent, against decency, infringing third parties rights, chocking or disparaging content or the like,
- uploading, displaying, posting, sending by e-mail or by any other mean any unsolicited or non authorised commercial or promotional content, junk mails, spams, chains or any other solicitation,
- uploading, displaying, sending by e-mail or by any other mean any file containing viruses, codes, text files, software or similar items which could disrupt, interrupt, destroy, damage or limit functionalities of any software, hardware or telecommunication material,
- disrupting or interrupting the Medium, its servers or networks connected to the Medium, or infringing the related requirements, procedures or rules,
- infringing (including any attempt) the Medium functioning, notably by exposing the Medium to viruses, creating an overload of consultation of the Medium or its servers, sending “spams” or overloading the Medium messaging system,
- consulting privileged or non public information or accessing a server or account for which the user is not expressly granted access to,
- trying to assess or test the Medium vulnerability, breaching security or authentication measures of the Medium without the prior written consent of Entity,
- conducting any illegal activity or any other activity likely to infringe rights of Entity, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging thirds to do so,

Each user must comply with any and all applicable regulations, laws and rules related to user’s behaviour on the Internet, transmission of technical data and in respect of platform rules.

When relevant, Entity reserves the right in its absolute discretion to terminate or withdraw any user’s access to the Medium without notice in case of breach of the user’s obligations under these Terms & Conditions, without prejudice to claim damages to such defaulting user to the fullest extent permitted by law.

4. User generated content

When relevant, users are solely liable of any content they may post or upload onto the Medium and the consequences of disclosing or broadcasting such content. Entity does not adhere or approve any content, opinion, suggestion or notice generated by users and Entity declines any and all responsibility and liability in respect of any such content.

However, Entity reserves the right, but does not have the obligation, to monitor use of the Medium and to remove any content which, in its sole discretion, would breach these Terms & Conditions, may be offensive, illegal, defamatory, infringe third parties’ rights or be otherwise objectionable in any way.

User accepts that Entity may freely and peacefully use, at no cost and without any restriction and time limit, any content posted onto the Medium. This includes the communication of any such content onto the Medium as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of Entity, its products and services.

5. Protection of the Medium content

The Medium and each of its elements (including all text, images, sound, video, designs, trademarks, logos and other material on or accessible via the Medium) as well as any software required to be used in relation to the Medium (the “Content”), may contain information that is protected by intellectual property rights or other legislations. Unless otherwise expressly stated on the Medium, Entity exclusively owns all intellectual property rights related to the Content and Entity does not grant any user with any license or other right other than a right to view the Content.

The reproduction of the Content (in whole or in part) of the Medium is authorized for the sole purpose of information for a personal and private use. Any reproduction or use or other exploitation of Content for any other purposes (whatever the manner or the kind) is expressly prohibited.

Users must not copy, modify, create derivative pieces of work, assemble, decompile, assign, sub-licence or transfer in any way any content of the Medium or any material related to the Medium.

6. Personal data

Entity may not have any control over personal information disclosed by users of the Medium.

Entity invites users to consult the Privacy Notice which indicates the provisions implemented to guarantee the treatment of personal data by Entity.

7. Responsibility

Entity endeavours to ensure as far as possible, that the information provided on this Medium is correct and up-to-date. However, Entity cannot guarantee the correctness, accuracy or exhaustiveness of the information provided on the Medium.

Entity allows free access to the Medium and declines all responsibility and may not be held liable in any case:

- for any interruption in provision of the Medium or services accessible via the Medium,
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Medium,
- for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Medium,
- for any damage resulting from a fraudulent intrusion by a third party,
- and more generally, for any direct or indirect or consequential harm, loss or damage, whatever the cause, origin, nature or consequences, which may occur as a result of any type of access to the Medium or any inability to access it or the credit given to any piece of information coming directly or indirectly from the Medium.

8. Governing law

These Terms & Conditions are governed by the law of the country of the registered address of Entity as shown in the header of these Terms & Conditions.

 

 

PRIVACY NOTICE

Last updated: 20 September 2018

The notice below details the privacy notice (the “Notice”) of Macdonald & Muir Limited a company registered in Scotland (company number: SC 19038), whose registered office is located at The Cube, 45 Leith Street, Edinburgh EH1 3AT (“Entity”) with regard to personal data provided on this page or account (the “Medium”).

Entity respects your concerns regarding the confidentiality of personal information and data provided by you. By providing your personal information and data, you consent to the use, analysis and, where applicable, disclosure of such information under the terms and conditions outlined below in addition to the privacy notice of the platform featuring the Medium. This Notice is without prejudice to the privacy notice of the platform featuring the Medium and is not intended to contravene, replace or supersede such platform’s privacy notice.

1. GENERAL INFORMATION & PURPOSES

Subject to the platform’s privacy notice, Entity may collect personal data via the Medium from users in relation notably with information (including marketing information), documents or services request, or subscription to certain services.

2. RIGHT TO ACCESS, CORRECT AND DELETE DATA AND TO OBJECT TO DATA PROCESSING

In accordance with applicable data protection laws and regulations, you have a right to request access to, rectification or erasure of your personal data, or restriction of processing, and to object to said processing, as well as the right to data portability to the extent applicable, subject to any overriding legitimate grounds that Entity might invoke to retain your personal data.

You may also give to Entity specific instructions regarding your personal data after your death.

Moreover, you may at any time, request that Entity stops sending you Entity’s communications by using the hypertext link earmarked for that purpose in each e-mail that Entity sends you.

You may exercise these rights, at any time, by sending an e-mail to contactdpo@moethennessy.com.

3. MANAGEMENT OF PERSONAL DATA

3.1 Purpose of data collection

Entity may collect your personal data via the Medium only for the following purposes:

- Answering your questions or
- Subject to you consent, sending electronic information about Entity and its news, offers, products and services,
- statistics, studies and analysis, marketing, improvement of the Medium, products and services of Entity,

3.2 Retention of data

The personal data that is collected and processed when you contact Entity on the Medium shall only be kept throughout the duration of the processing of your request. It shall be deleted thereafter.

The personal data that is used for the purpose of sending you information concerning the news, offers, products and services of Entity shall be kept for a period of two (2) years as of the date on which it was collected or as of your last contact with Entity. Upon expiry of this timescale, Entity may get in touch with you to find out whether you wish to continue to receive such information. Your personal data will also be erased as soon as possible after your unsubscription request.

3.3 Data recipients

Entity is the recipient of the data. Entity may communicate your personal data to third parties only provided that:

- you have given your prior consent to such communication to a third party, and/or,
- Entity has to share such information with third parties in order to provide the information or service you have requested, and/or,
- Entity is required by a judicial authority or any other administrative authority to provide it with such information.

For the purposes (i) of technical management of the storage of your personal data and (ii) of managing the processing activities, your data may be stored on a centralized basis on servers hosted by Entity’s provider in compliance with the applicable laws.

3.4 Data security

Entity makes every effort to put in place suitable precautions to safeguard the security of personal data, and to prevent it from being altered, corrupted, destroyed or accessed by unauthorized third parties.

However, Entity does not control each and every risk related to the use of the Internet (including the platform), and therefore warns the Medium users of the potential risks involved in the functioning and use of the Internet.

4. Data Protection Officer (DPO) contact information and right to lodge a complaint

If you have any questions regarding the collection and processing of your personal data by Entity on the Medium, you may contact Moët Hennessy's Data Protection Officer by email at admin@ardbeg.com.

You also have the right to refer to the competent supervisory authority for any claim relating to the manner in which Entity collects and processes your personal data.

5. CHANGES TO THE PRIVACY NOTICE

Entity may make changes to this Privacy Notice at any time and without notice. It is your responsibility to re-read the Privacy Notice on a regular basis.

6. PROTECTION OF PERSONS UNDER LEGAL ALCOHOL DRINKING AND PURCHASING AGE

As the access to the Medium is governed by Terms & Conditions, Entity does not collect any data or information concerning persons who are under legal alcohol drinking and/or purchasing age in their location of residence. In this respect Entity may ask for the confirmation that users are above legal alcohol drinking and/or purchasing age in their location of residence at any time.