Terms & Conditions
Last updated: 30 July 2015
Thank you for accessing this Website www.ardbeg.com (the “Site”). Please read these User Conditions before using this Site which is operated by MacDonald & Muir Ltd, a company incorporated in Scotland, whose registered office is at The Cube, 45 Leith Street, Edinburgh, EH1 3AT, Scotland. We operate this Site for the purpose of promoting whisky, an alcoholic drink.
Specific warning concerning age and country of visitors: Please exit the Site if you are not of legal age for consuming and purchasing alcoholic beverages or if you are in a country where the promotion and consumption of alcoholic beverages is not permitted.
If no such legal age exists in your country, you must be 21 or over to access and visit the Site and we do not want to receive information from visitors under age 21. If you are under age 21 and are a resident of a country where no such legal age exists, please do not attempt to visit the Site. Should any visitor under such applicable legal age misleadingly register on the Site, we will delete that information as quickly as possible. If you believe that we might have any information from any such user, please warn us resorting to the contact address: Ardbeg Distillery Limited, The Cube, 45 Leith Street, Edinburgh, EH1 3AT, Scotland.
By using this Site, you signify your acceptance of these Terms and Conditions as well as to the provisions of the Privacy & Cookies Policy in return for which we will provide you with access.
Please note that in addition to these conditions specific terms and conditions of sale apply for the online sale of our products from the “shop” section of the Site as well as some other specific rules or conditions for some sections of the Site (eg Ardbeg Committee).
MacDonald & Muir Ltd may revise or update these Terms and Conditions and the Privacy & Cookies Policy at any time and without notice. It is your responsibility to re-read these Terms and Conditions and the Privacy & Cookies Policy on a regular basis. If at any time you do not wish to accept these conditions then you may not use this Site.
Whilst we take steps to ensure the accuracy of the information accessed via this Site, we cannot guarantee or give any warranty as to the accuracy, timeliness or completeness of any information or material appearing on it. We have no responsibility for content provided by third parties (including users of the Site) and are merely providing access to such content to you. We have no obligation to verify the content of such information nor to edit any such information provided by third parties. We do not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any third party details and you acknowledge that any reliance on such information will be at your own risk.
This Site and all materials, text, code, content, software, data bases, newsletters, videos, music, sound, graphics, photographs, illustrations, artwork, names, logos, marks, formats, files, devices and links contained in it or linked to it (together "Content") are protected by copyright, trademarks and other rights of intellectual property owned by us or licensed to us.
Unless otherwise expressly stated on the Site, MacDonald & Muir Ltd does not grant any user with any license or other right other than a right to view the Site.
The reproduction of the Content (in whole or in part) of the Site 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 Site or any material (including software) related to the Site.
Any links to this Site must be notified to and approved by us before they are created or steps are taken to create the same.
This Site and its content are provided "as is" excluding warranties of any kind, either express or implied, to the fullest extent permissible under applicable law. We accept no liability for functions contained on the Site and make no warranty that the Site will operate uninterrupted or error-free or that any defect will be corrected. We do not warrant that the Site is compatible with your computer equipment or that the Site or its server is free of errors, viruses, worms or "Trojan horses" and we shall not be liable for any damage you may suffer as a result of such destructive features.
LIMITATION OF LIABILITY
You acknowledge that your use of this Site and its content is at your own risk.
MacDonald & Muir Ltd allows free access to the Site and declines all responsibility and may not be held liable in any case:
- for any interruption in provision of the Site or services accessible via the Site,
- for the occurrence of bugs, viruses and similar technical issues adversely affecting your ability to access this Site,
- for any inaccuracy, isolated and unforeseen error or omission relating to information or Content available on the Site,
- 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 Site or any inability to access it or the credit given to any piece of information coming directly or indirectly from the latter.
Except for liability which we cannot by law restrict or exclude, we shall have no liability to you or any third party for any direct, indirect or consequential damages (including loss of profits), or any other damages of any kind whether based on warranty, contract, tort (including negligence) or otherwise. Applicable law may not allow the limitation or exclusion of liability of certain damages, so this limitation or exclusion may not apply to you in its entirety.
- to be of minimum age legally required to consume and purchase alcohol in accordance with the regulations of your country of residence
- to use the Site for your personal use only, and in your personal name, excluding therefore any commercial or other use without our prior written consent
- to provide, when relevant, personal data being true, up-to-date and accurate.
You may not in any way represent or act on behalf of MacDonald & Muir Ltd, its subsidiaries, its affiliates and their respective shareholders, officers, directors, employees.
When using the Site, you must behave responsibly, in compliance with any applicable law, with courtesy and respect (towards any other users, MacDonald & Muir Ltd, its subsidiaries and affiliates, and third parties).
You must notably refrain from:
- uploading, displaying, sending by e-mail or sending by any other means any files 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 Site, its servers or networks connected to the Site, or infringing the related requirements, procedures or rules,
- infringing (including any attempt) the Site functioning, notably by exposing the Site to viruses, creating an overload of consultation of the Site or its servers, sending “spams” or overloading the Site messaging system,
- accessing and/or consulting privileged or non-public information or accessing a server or account for which you are not expressly granted access to,
- trying to assess or test the Site vulnerability, breaching security or authentication measures of the Site without prior written consent of MacDonald & Muir Ltd,
- conducting any illegal activity or any other activity likely to infringe rights of MacDonald & Muir Ltd, its subsidiaries, affiliates, providers (including technical providers and contractors), customers and third parties, as well as refrain from encouraging third parties to do so,
- uploading, displaying, posting, sending by e-mail or by any other means any illegal, detrimental, adversarial, defamatory, offensive, racist, vulgar, obscene, threatening, against decency, infringing third parties rights, shocking or disparaging content or the like,
- uploading, displaying, posting, sending by e-mail or by any other means any unsolicited or non-authorised commercial or promotional content, junk mails, spams, chains or any other solicitation,
- sending, sharing or forwarding by e-mail or by any other means, any content from the Site to persons under the legal alcohol consumption and/or purchasing age in their country of residence or prohibiting the advertising of alcoholic beverages.
You must comply with any and all applicable regulations and laws related to your behaviour on the Internet (including mobile communications) and transmission of technical data.
Where relevant, MacDonald & Muir Ltd reserve the right in its absolute discretion to terminate or withdraw your access to the Site (or any of its sections) without notice in case of breach of your obligations under these Terms & Conditions and/or ancillary documentation, without prejudice to claim damages.
USER GENERATED CONTENT
When relevant, users are solely liable of any content they may post or upload onto the Site and the consequences of disclosing, forwarding, making available or broadcasting such content. MacDonald & Muir Ltd does not adhere or approve any content, opinion, suggestion or notice generated by users and MacDonald & Muir Ltd declines any and all responsibility and liability in respect of any such content.
Additional specific restrictions applicable to the “UPLOAD YOUR PHOTOGRAPHS HERE” section of the Site:
You must not create, generate, post, forward or send any content (including photos, videos text messages and comments) of whatever nature or kind which portrays, depicts, includes, refers, appeals or otherwise displays:
- any person being or appearing to be less than 25,
- any woman being or appearing to be pregnant,
- any content being (or likely to appear as being) illegal, detrimental, adversarial, objectionable, defamatory, offensive, violent, racist, vulgar, obscene, pornographic, related to religion or politics, unethical, impugning human dignity or integrity, threatening, against decency, shocking or disparaging or the like,
- any content being (or likely to appear as being) infringing third parties rights (including intellectual property rights and third parties image rights),
- any drug (whether legal or not) or tobacco product,
- any content being (or likely to appear as being):
- encouraging excessive or irresponsible consumption of alcoholic beverages,
- encouraging under-age drinking,
- suggesting that consumption of alcohol transforms the consumer, makes him/her brighter, stronger, and helps him/her succeed socially or sexually;
- presenting abstinence or moderation in a negative way,
- suggesting that one may consume alcohol before or while driving a vehicle whatever it is, or having any activity that requires a certain degree of concentration to be executed safely,
- giving the impression that alcohol may prevent, treat or cure any human disease or a given psycho-physiologic condition,
- suggesting engagement in any sport, physical activity or any potentially hazardous activity
- any content presenting the alcoholic content/strength (high or low) as a positive element,
- any advertising or promotion of stores or retail premises of any kind or nature as well as any sale or offer of any product of any kind or nature,
- any misleading, untrue or false information as well as any comparison of MacDonald & Muir Ltd (or its products) with any other entity brand or product,
- any lottery, game, competition or challenge,
- any trademark (other than the MacDonald & Muir Ltd trademarks).
Report of inappropriate content:
Users can report to MacDonald & Muir Ltd any inappropriate content by sending an e-mail to firstname.lastname@example.org.
You therefore expressly and irrevocably undertake and accept to defend, indemnify and hold MacDonald & Muir Ltd (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) harmless from and against any and all demands, claims, proceedings, liabilities, losses, interest, penalties, damages, costs, expenses, and charges whatsoever (whether founded in contract, tort or otherwise) (including without limitation all reasonable legal and other reasonable professional costs and expenses incurred as a result of defending or settling any such claims) which may be incurred by MacDonald & Muir Ltd (and/or its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) as the result of any claim, suit or proceeding brought or threatened against MacDonald & Muir Ltd (and its subsidiaries, affiliates, their shareholders, officers, directors and employees, their contractors) in connection with:
- any content or part of content posted by you and/or using your account or terminal
- a breach or alleged breach of any warranty, representation or agreement made by you under these Terms and Conditions,
- any infringement of third party rights, including but not limited to intellectual property rights and publicity rights.
Where relevant, we reserve the right, but not the obligation, to monitor use of the Site and to remove (or refuse to publish or broadcast) any content which, in our sole discretion, may be offensive, illegal or otherwise objectionable or inappropriate in any way or in breach of these Terms and Conditions.
You accept that we (as well as any third parties authorised by us) may freely and peacefully use, at no cost, in perpetuity, for the entire world, on a non-exclusive basis and without any restriction, any content posted onto the Site. This includes the right for MacDonald & Muir Ltd, to use, display, publish, transmit, copy, make derivative works, edit, alter, translate, store, re-format, sub-licence and combine any or all portions of the content with any other content for all the communication of any such content onto the Site as well as its communication and reproduction on any other mediums of whatever nature for the promotion and advertising of MacDonald & Muir Ltd, its products and services. Any combination made with one or more contents posted onto the Site shall be considered as a Content.
LOCAL LAWS AND REGULATIONS
This Site is not directed at persons in a jurisdiction where for any reason the Site's publication or availability is prohibited and any person for whom such a prohibition applies must not access the Site. Those who access the Site do so on their own initiative and are responsible for compliance with applicable local laws or regulations.
This statement sets out our policy in relation to the holding and using of information, which we may obtain from you when you contact us via the website. We will only use your personal information in accordance with, and for the purposes set out in, the data protection statement included on the relevant web page where you input your information. The relevant web page also allows you to tell us not to use your personal information in these ways. It is intended that by providing personal information about yourself to us you consent to their use for the above purposes. It is intended that any consent given above will benefit any purchaser of our business. If, at any time in the future you would like us to stop using your details for any of the above purposes please email us at email@example.com.
For more details please read our privacy & cookies policy.
VALIDITY OF PROVISIONS AND REMEDIES
If any provision of these Terms and Conditions is or becomes invalid or contravenes applicable regulations then the remaining provisions will not be affected.
No waiver by us of any breach of these Terms and Conditions shall constitute a waiver of any other breach. No failure by us to exercise any remedy shall constitute a waiver of the right subsequently to exercise that or any other remedy.
LINKS TO THE SITE
The Site may include links to other web sites or other internet sources. As MacDonald & Muir Ltd cannot control these web sites and external sources, MacDonald & Muir Ltd 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, MacDonald & Muir Ltd 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.
We do not send unsolicited e-mail ("SPAM"). We may, however, send you information that you request or respond to your e-mails to us. If you would prefer not to receive direct communications from us, just do not opt in in the information collection section. Or, if you decide to have your name removed from our mailing list at a later date, you may do so by sending an e-mail to firstname.lastname@example.org with the word "UNSUBSCRIBE" in the subject line.
DATA COLLECTED AUTOMATICALLY
When you visit our Site, the web server automatically sends us the date and duration of your visit to our Site. This information may be used in order to adapt the content of our Site to meet your needs.
For more details please read our privacy & cookies policy.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions and the Privacy & Cookies Policy are governed by the laws of Scotland and users and MacDonald & Muir Ltd hereby irrevocably submit to the exclusive jurisdiction of the Scottish courts any claim or matter arising under or in connection with the Content or use of the Site, including in case of guarantee, plurality of defendants or summary proceedings.