AGB
V5.8
Last modified 6 May 2024
1 Overview
i. This website (henceforth referred to as the “Site”) exists to:
- provide You with information about Ardnahoe Distillery (the “Distillery”)
- enable online purchase of various products by You
We also provide a Booking facility (the “Facility”) to enable online Booking (a “Booking”) by You of various Tours, Tastings and Experiences which are offered from time to time by the Distillery. The Site is owned and/or operated by Ardnahoe Distillery Company Ltd. (“We”, “Our”, “Us”), a company registered in Scotland whose office is at 16 Park Circus, Glasgow G3 6AX with Reg. No. 507595 and VAT no. GB 255 4532 05 and EORI no. GB255453205000.
ii. Please read these Terms of Service carefully before accessing the Site. By visiting the Site and purchasing something from Us and/or using the Facility to make a Booking, You engage with the Site and agree to enter into contract with Us where required and to be bound by the following terms and conditions (“Terms of Service”, “Terms”) as they stand at the time of Your access, including those additional terms and conditions and policies referenced herein and/or available by hyperlink on the Site. In the event You make a Booking, You also agree to be bound by any alternative terms which We may reasonably apply between the time the Booking is made and the time of the Booking itself.
iii. When using the Site You also agree to be bound by Our Privacy Policy, Our Returns Policy and Our Shipping Policy.
iv. These Terms of Service apply to all users of the Site. If You do not agree to all the terms and conditions, then You may not access or use the Site, or make an Order, or make a Booking.
v. Any new features or tools or Tours, Tastings or Experiences which are added to the Facility shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.
vi. Please retain a copy of these Terms of Service for Your future reference.
1.1 Contact
i. You may contact Us by email at info@ardnahoedistillery.com and/or by phone on +44 1496 840777.
2 Site access, terms of use & restrictions
i. The Site and the Facility are intended for personal use only. You agree not to use the Site or Facility for commercial, trade, or other business purposes.
ii. We make no warranty that the Site or Facility are either appropriate or available outside of the UK. We may at Our sole discretion make limited the availability of or content of the Site or Facility to You based on Our determination of Your geographic location and/or jurisdiction.
iii. The Site or Facility are not intended to be used by persons in any jurisdiction where its publication or availability or any other aspect is prohibited in that jurisdiction for any reason. If such a prohibition applies to You then You must not access the Site or Facility.
iv. We reserve the right at Our sole discretion to refuse service to anyone for any reason at any time. We reserve the right to suspend and/or cancel Your account with Us, and/or restrict Your access to the Site or Facility, and/or cancel any Booking that You have made, without notice and straightaway if We believe You have breached Our Terms. Any such action by Us does not affect Your statutory rights.
v. You understand that Your information (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
2.1 Restrictions on Your age and geographic location relating to Bookings and/or to the sale of alcohol
i. We do not offer alcohol for sale on the Site to any persons or to any jurisdiction or country where that person’s purchase of alcohol is prohibited by local law.
ii. The Site is intended for UK residents who are at least 18 years old. If You do not meet these conditions then, by Your continued use of the Site, You become solely responsible for compliance with any laws, regulations or other limitations on the sale of alcohol which may exist in the jurisdiction where You are. By placing any order for alcohol through the Site You declare and warrant that You and, where different, the final recipient of the alcohol are of lawful age in Your local jurisdiction to purchase alcohol and that Your purchase of alcohol is not in any other way contrary to local law.
iii. We may require information to verify Your age, location, and entitlement to purchase alcohol through the Site. This information may include but is not limited to; Your declaration of age and location, proof of Your identification by formal ID (including photo ID), and Our identification of Your geographic location by IP tracking and geolocation tools. Age verification at checkout is carried out by Our service provider, who may use Your Personal Information to make certain checks about You including but not limited to electoral roll checks, credit agency checks, 3DS credit card verification checks and checks of photo IDs. Any orders which We cannot age-verify as We require will be cancelled by Us with a full refund.
iv. During dispatch to You of alcohol bought through the Site, Our couriers may require to see Your ID for proof of age prior to final delivery to You of any alcohol. Failure by You to produce satisfactory ID may result Your order being cancelled by Us.
v. Bookings are available to persons who are at least 18 years old. By making a Booking on the Facility, You warrant that You are at or over the age of 18, and You accept that at Our sole discretion We may cancel Your Booking without refund, or otherwise deny entry by You and/or Your party to any Tour, Tasting or Experience, if We require You to provide proof of Your age and You are unable satisfactorily so to do.
2.2 Prohibitions
i. In addition to other prohibitions as set forth herein, You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet.
3 Bookings, orders, products & payments
i. We reserve the right to limit, prohibit and/or cancel Bookings or orders that appear to Us to be placed by dealers, resellers or distributors. We may limit or cancel quantities purchased or booked per person, per household or per order. These restrictions may include orders or Bookings placed by or under the same customer account, the same credit card, and/or orders or Bookings that use the same billing address. Any such action by Us in relation to an order or Booking is without prejudice to any further action including legal action which We may take to assert Our rights.
3.1 Online shop orders
i. By placing a product order with Us and making payment to Us via the Site, You make an offer to Us to purchase product(s) from Us. We will email You to acknowledge receipt of Your order and Your payment; this email does not constitute Our acceptance of Your offer. Our acceptance of Your offer and Your payment, and a contract for sale between Us and You, shall only exist when Your order has been physically dispatched from our warehouse, at which point You acquire ownership of the products in Your order; until this time the products remain owned by Us. We are only able to make dispatched from Our warehouse, and thus We are only able to form any contracts of sale, on weekdays between the hours of 10.00am and 5.00pm UK local time.
ii. We may choose to accept or decline Your offer at Our sole discretion.
3.2 Preorders
i. From time to time We may offer the option to preorder products from our online shop. These offers are made by Us at Our sole discretion, and may be withdrawn by Us for any reason and at any time at Our sole discretion.
ii. In general terms, a preorder by You means that We will add Your details to a list of people wanting to buy a particular product, and We will then aim to offer You a non-exclusive preferential purchase option accordingly. Any customer with a preorder will have the opportunity but not the right to purchase a product before it is put on general public sale.
iii. A preorder made by You does not constitute an offer by You to buy the product, and it does not constitute acceptance by Us of an offer to buy the product; a preorder does not constitute a sales transaction and no contract for sale is formed between You and Us. For the avoidance of doubt, a preorder placed by You and accepted by Us places no obligation upon You to buy or upon Us to sell.
iv. We reserve the right to decline or void any preorder at any time, and we make no warranty or representation to fulfil any expectation You may have of a preorder except as described herein.
v. When We offer an option to preorder, We will provide approximate details of the product, price, release date and so on. These details are not binding upon Us, and may be subject to change.
vi. At or around the release date associated with any particular product preorders, We will offer those customers with preorders a preferential option to buy the product in question. We will do this by issuing draft invoices from Our online shop to these particular customers alone; these draft invoices for each customer contain a unique link which leads to a pre-filled online shop checkout, where the product(s) are made available for purchase to the customer under the normal online sales terms as described herein.
vii. We will aim to fulfil draft invoices for preorders to customers according to the order in which We received the preorder requests. In general terms, if You were the first to sign up to a preorder list then We will aim to make You the first to receive a draft invoice and thus make You the first to be able to purchase the product in question.
viii. You have no obligation to enter into the transaction described in the draft invoice that We send You. However if You do wish to enter into the transaction then we ask that You do so promptly upon receipt of the draft invoice. We reserve the right to make void or otherwise cancel any draft invoices which We at our sole discretion deem not to be fulfilled or not likely to be fulfilled, and We accept no liability for any consequence of this void or cancellation. In general terms, if You choose not to take up Your opportunity for preferential early purchase of a product in a timely manner then We may cancel your preorder and draft invoice so that We can allocate the opportunity to someone else.
ix. Preorders made by You and accepted by Us can be viewed by You on the Site under Your Ardnahoe Society account.
x. You can cancel Your preorder by asking Us so to do in writing.
xi. Preorders are not transferable. Draft invoices and the associated opportunity to purchase are only offered by Us to the individual named in the draft invoice.
3.3 Bookings
i. When You make a Booking with Us on the Facility, You will make a payment in full into the Facility for the cost of the Booking and You will receive an email confirmation of Your Booking. This email confirms that the place(s) is/are allocated to You on the Tour, Tasting or Experience of Your Booking. We reserve the right to review Your Booking outside of Our automated system, and at Our sole discretion to decline Your Booking by informing You in writing and issuing to You a full refund.
ii. All Our Tours, Tastings & Experiences are of limited availability.
iii. All Bookings are non-transferable and may not be re-sold by You or by anyone else.
iv. The Distillery is a working facility with a committed commercial schedule, and as-such We make no warranty or representation that any particular production activity (including operation of the production line itself) will be operating on any particular day or in any particular circumstance.
3.3.1 Attending the Distillery for Your Booking
i. The email which You receive to confirm Your Booking will contain the details of date, time and location of Your Tour, Tasting or Experience. It is Your responsibility to check that Your Booking reflects Your intention and also Your ability to attend.
ii. Please make sure to attend promptly at Your Tour, Tasting or Experience, and please bring Your Booking reference number with You. We are obliged to maintain an accurate schedule of events for Our own interests and for that of other customers, and in case of Your late arrival then We may be unable to accommodate Your attendance either for Your Booking as-made or for an alternative timeslot. We reserve the right not to refund You in this case.
iii. Any person under the age of 18 is whilst on Our premises required to be accompanied by a person at or over the age of 18 at all times.
iv. Any person appearing to be under the age of 25 may be asked before being supplied with any alcohol to prove their age in accordance with the Licensing (Scotland) Act 2005.
v. Children under the age of 12 are welcome in the Visitor Centre but are not permitted inside production areas of the Distillery, at the bar, or on any Tour, Tasting or Experience where alcohol will be consumed.
vi. Except where specified, any person attending any Tour, Tasting or Experience must be at or over the age of 18, and may be required to show valid identification so to prove prior to admittance being granted by Us.
vii. No pets or other animals are permitted to join in any Tour, Tasting or Experience. Assistance dogs are permitted in the Distillery shop and in the café bar area.
3.3.2 Visitor conduct and refusal of entry
i. We reserve the right at all times, under reasonable circumstances but always at Our sole discretion, to deny entry to, or eject during, any Tour, Tasting or Experience any person who: causes or may cause a breach of Health & Safety or alcohol licensing regulations; causes or may cause distress, detriment of enjoyment, offence or upset to any other participant; engages in or may engage in insulting, unsafe, threatening or otherwise dangerous or abusive conduct; is unduly under the influence of alcohol, and/or is under the influence of illegal drugs; refuses to comply with any reasonable instruction given by Us; or is in breach of these Terms. In case of any such denial of entry or of ejection of any person from any Tour, Tasting or Experience then no refund for the Booking will be given and We shall have no further liability under the Booking.
ii. Smoking (including e-cigarettes) is under all circumstances not permitted in or near any Distillery building. There is a designated smoking area at the periphery of the site.
iii. No food or drink, except for that which may be provided by Us as part of the activity, is permitted during any Tour, Tasting or Experience.
iv. The terms of the Licensing (Scotland) Act 2005 shall apply at all times.
3.4 Accuracy of billing & account information
i. You agree to provide Us with current, complete and accurate purchase and account information for all orders made on the Site. You agree to promptly update Your account and other information, including Your email address and credit card numbers and expiration dates, so that We can complete Your transactions and contact You as may be required for the purposes of fulfilling any contract We may have with You.
ii. You agree to provide Us with current, complete and accurate personal information for all Bookings on the Facility. You agree to promptly notify Us of any change of Your details (especially contact details) so that We can contact You as may be required for the purposes of fulfilling Your Booking.
iii. We will need to use Your personal information to process Your Booking. Your information will also be used by Our service provider who maintains Our Facility. Your information will not be passed to anyone or any organisation who is not involved in administering or providing Your Booking.
3.5 Amendments & cancellations
3.5.1 Online orders
i. Orders made by You and acknowledged received by Us may be amended by You until the order is fulfilled by Us. To make an amendment, You must contact Us by email or by phone. In case of an amendment requiring refund to You of some or all of an amount paid to Us, We will make a refund to You in accordance with our Returns Policy. We will make every reasonable effort to ensure an amended order is dispatched on the same schedule as the original order; You accept that this may not be possible in all circumstances and that We are not responsible for any associated delay.
ii. After an order has been fulfilled by Us, it cannot be amended but it may be cancelled by You. You may cancel Your contract with Us within 14 days of Your receipt of the products in Your order without giving a reason to Us. In case of an order cancellation, You must contact Us in writing. You must return the products in Your order to Us in accordance with our Returns Policy within 14 days of Your cancellation notice being sent to Us, and after We have verified the satisfactory condition of the returned products then We will refund You in accordance with our Returns Policy.
iii. You do not have the right to make such a cancellation for products which originally have been sealed for health protection reasons and which have become unsealed.
iv. In the event that We make a change to or cancel an order, We will endeavour to notify You by contacting the e-mail and/or billing address/phone number provided by You at the time the order was made. If We are unable to contact You by such means, then We accept no responsibility for either the timely or actual completion of any amended order or for the consequences of any cancelled order. If We make a change to or cancel an order then We will make any required refunds to You in accordance with Our Returns Policy.
3.5.2 Bookings
i. Once You have made a Booking then any cancellation or amendment by You shall only be in accordance with these Terms.
ii. If You would like to amend a Booking then please contact Us by email or by phone. We will endeavour to meet Your amendment requirement, but We cannot guarantee to do so as Our Tours, Tastings and Experiences are of limited availability.
iii. If You would like to cancel a Booking then please contact Us by email or by phone. Cancellation notices must be received by Us no fewer than 24 hours in advance of the start of the Booking, and in this case, except for Special Events as described in 3.5.3 below, We will issue You a full refund. Any cancellation notice which We receive within 24 hours of the start of the Booking may or may not receive a full or partial refund at Our sole discretion.
iv. We reserve the right to amend or cancel Your Booking due to any events beyond Our reasonable control or due to unforeseen circumstances. In either case, We will endeavour to notify You by contacting the e-mail and/or billing address/phone number provided by You at the time the order was made. If We are unable to contact You by such means, then We accept no responsibility for either the timely or actual delivery of any amended Booking or for the consequences of any cancelled Booking.
v. If We amend Your Booking then We will contact You as soon as possible and You will have the option to cancel Your Booking with full refund and without penalty. We may also offer You the option an alternative Booking.
vi. If We cancel Your Booking then We will contact You as soon as possible and We will refund You in full as soon as possible.
3.5.3 Cancellations by You of a Booking for Special Events
i. For certain Tours, Tastings and Experiences which We may determine from time to time at Our sole discretion as Special Events, We reserve the right also at Our sole discretion not to offer any refund to You in the event that You cancel your booking. If We have designated an occasion to be a Special Event then it will be clearly stated on the Facility prior to the completion of Your Booking.
3.6 Product descriptions & pricing
i. All images of products for sale on the Site are illustrative only. We have made every reasonable effort to display to You as accurately as possible the colours and depictions of Our products, but We cannot guarantee that Your electronic device's display of any colour will be correct. Any tasting notes or other subjective information provided on the Site about any of Our products are the opinion of the individual who prepared the information; Your opinion may differ, and any such subjective information on the Site does not form part of the description of any product.
ii. All descriptions of products or product pricing on the Site are subject to change at any time without notice. We reserve the right to discontinue any product at any time.
iii. Prices for products on the Site are in pounds Sterling (£) and are displayed inclusive of VAT (sales tax). These prices do not include delivery & shipping costs; these will be advised to You based on Your individual circumstances which You describe to Us prior to completion of Your order on the Site.
iv. Orders for delivery in the UK will be charged UK VAT at the prevailing rate and this tax will be clearly displayed to You before You complete Your order; orders for delivery outwith the UK will not be charged VAT (sales tax) and may instead be charged VAT (sales tax) by Our courier at the appropriate rate in the jurisdiction of delivery.
v. In case of orders for delivery outside the UK, then Our courier or authorities in Your jurisdiction or country or in that of the recipient of goods in Your Order may apply costs additional to the price that You have paid to Us for Your order and its delivery. These costs are outside Our control and may include but are not limited to taxes, fees, customs duties and tariffs. You accept sole responsibility for meeting such costs and for any consequences which may arise if such costs are not met. You accept that if these costs are not met then Your order may be delayed or destroyed.
viii. Prices for Bookings displayed on the Facility are in pounds Sterling (£) and are inclusive of VAT.
vi. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, times & schedules, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders or Bookings if any information on the Site is inaccurate at any time, without prior notice (including after You have submitted Your order or made Your Booking). We undertake no obligation to update, amend or clarify information on the Site, including without limitation pricing information, except as required by law.
vii. All sizes, weights, capacities, dimensions and measurements indicated on the Site have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from product to product and from one size, weight, capacity, dimension or measurement to the next.
3.7 Descriptions & pricing for Bookings
i. All images of & descriptions of Tours, Tastings & Experiences available for Booking via the Facility are illustrative only. We have made every reasonable effort to display this information to You as accurately as possible, but We cannot guarantee that Your interpretation will be correct. Any tasting notes or other subjective information provided on the Site or Facility about any of Our Tours, Tastings & Experiences are the opinion of the individual who prepared the information; Your opinion may differ.
ii. All images of & descriptions of Tours, Tastings & Experiences on the Site or Facility are subject to change at any time without notice. We reserve the right to discontinue any Tour, Tasting or Experience at any time.
iii. Prices for Bookings displayed on the Facility are in pounds Sterling (£) and are inclusive of VAT.
iv. Occasionally there may be information on the Site or Facility that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, times & schedules, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel Bookings if any information on the Site or Facility is inaccurate at any time, without prior notice (including after You have made Your Booking). We undertake no obligation to update, amend or clarify information on the Site or Facility, including without limitation pricing information, except as required by law.
v. All sizes, weights, capacities, dimensions and measurements indicated on the Facility have a small tolerance. The size of this tolerance is set by reference to applicable legislation (including Regulation (EU) No. 1169/2011, Directive 76/211/EEC and The Weights and Measures (Packaged Goods) Regulations 2006), and varies from product to product and from one size, weight, capacity, dimension or measurement to the next.
3.8 Payments
i. We only accept online payments on either the Site or the Facility electronically, by debit or credit card. Payment will be taken from Your credit or debit card in pounds Sterling (£). We do not accept payment by cheque.
ii. Your card provider may require certain procedural and other validation checks prior to authorising Your payment to Us, and We require these checks satisfactorily to be passed prior to the dispatch by Us of any products to You or prior to Our acceptance of Your Booking. If these checks are not at Our sole discretion deemed satisfactorily completed or if for any other reason Your payment to Us is not authorised by Your card provider, then We will cease acceptance of or otherwise cancel Your order or Booking.
iii. Any refund which We make to You will only be to the same person and by the same method from which We received Your original payment.
4 The Ardnahoe Society
i. The Ardnahoe Society (the “Society”) exists to allow certain registered customers and users of the Site to gain access to information, products & services of and about Ardnahoe Distillery which may not be available to unregistered users of the Site.
ii. Registration facilities are provided by Us on the Site to allow You to register as a Society member. Registration is free of charge, and is available only to and offered only to private individuals who are at least 18 years old, with one Society account per individual. You agree to provide current, complete and accurate information about You when You register, and You agree to promptly update Your account information as and when may be required by any change in Your details.
iii. Once registered, You can access Your Society account and its benefits by logging in to it through the Site. We may also contact You by email with Society offers and information from time to time.
iv. Products or services made available to Society members (for example free or discounted tours & merchandise) are at all times offered at Our sole discretion. These may be withdrawn by Us at any time for any reason, and also are subject to fair use restrictions; for example "fair use" of any free tours which We may offer means a maximum of approximately four distillery tours by You distributed evenly throughout a calendar year.
v. We reserve the right to prevent registration of or to delete the Society account of any individual at any time for any reason at Our sole discretion, and we accept no obligation or liability to any Society member either as a result of Society account registration or of Society account cancellation.
vi. You can delete Your Society account by emailing Us to request deletion. If You have ever made any orders on the online shop then Your customer account and record of Your order(s) will remain, however Your Society account access can be deleted.
5 Warranty, disclaimer & limitation of liability
i. We warrant to You that any product bought from Us through the Site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.
5.1 Internet service, safety & security
i. We have adopted standard industry practices for development, maintenance and presentation of the Site, however We do not warrant the Site to be free from technical or software errors and We accept no liability for the same. We do not guarantee, represent or warrant that Your use of the Site will be uninterrupted, timely, secure or error-free. We make no warranty for and accept no liability in relation to the content of any third-party information or internet links which the Site may contain.
ii. You accept that from time to time We may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Site is at Your own risk. We reserve the right to change the Site in any way at any time.
5.2 Limitation of liability
i. We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from Your use of or reliance upon the Site; other than where Your usage constitutes part of a product purchase contract between You and Us.
ii. Our liability in relation to any product purchase contract between You and Us shall be limited to the value of the order which forms the contract. Our liability in relation to any Booking which You make shall be limited to the value of the Booking. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions Our liability shall be limited to the maximum extent permitted by law.
iii. Upon receipt by You by delivery of product(s) bought from Us, you assume sole responsibility and risk for the product(s).
iv. We accept no liability for any interruption, delay or failure to fulfil any obligations that We may have to You for events outside our control, including but not limited to strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport. In case such an event arises, then We will contact you as soon as practicable, Our obligations under contract to You shall be suspended for the duration of the event, and You will have the right to cancel the contract within 30 days of the start of the event.
v. Nothing in these Terms excludes or limits or is intended to exclude or limit (a) Our liability for death or personal injury caused by Our negligence; (b) Our liability under the CPA 1987 2(3); (c) our liability for fraud or fraudulent misrepresentation; or (d) Our liability for any thing for which it would be unlawful for Us to exclude or limit or attempt to exclude or limit Our liability. Nothing in these Terms affects Your statutory rights.
6 Intellectual Property
i. All material hosted on the Site and Facility is held copyright and variously trademarked by Us. All rights (including moral rights) are asserted and reserved.
ii. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site or Facility, use of the Site or Facility, or access to the Site or Facility, without express written permission from Us.
iii. We permit no audio or audio-visual recording or broadcast to be made by You during any Tour, Tasting or Experience. If We discover at any time that any such recording or broadcast has taken place then We shall be entitled to own any and all rights of this recording or broadcast.
iv. We may occasionally engage third parties for media production at the Distillery. The copyright of any media so produced resides with Us, and You consent to Our use of any such media in which You may appear. We will advise You in the event that such activity is being conducted.
7 Health and Safety
i. The Distillery is a working industrial environment, to which You must pay attention when physically on-site. All Health and Safety notices must be observed at all times; and all instructions given by the staff member in charge of Your Tour, Tasting or Experience must attentively be followed at all times.
ii. In case of any emergency event, the staff member in charge of Your Tour, Tasting or Experience will direct You as required to the nearest safe exit and muster station.
8 Assignation
i. You may not transfer, assign, or otherwise dispose of any rights or obligations that You incur under these Terms to any third party, without Our prior written consent.
9 Waiver, severability & entirety
i. No delay or act or omission by Us in exercising any right or remedy We may have under Our contract to supply a product to You or to provide a Booking to You, or any other right or remedy We have under these Terms, shall be deemed a waiver of that or other right or remedy.
ii. If any court or other competent authority finds that any provision or clause or part thereof of these Terms is illegal, invalid, or otherwise not enforceable, then that provision or clause or part thereof shall be deemed null and void in these Terms but all other provisions and clauses of these Terms shall remain unaffected.
iii. These Terms of Service and any policies or operating rules posted by Us on the Site constitute the entire agreement and understanding between You and Us and govern Your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
10 Jurisdiction
i. Any dispute or claim arising from any contract between You and Us relating to products bought or Bookings made through the Site, or any dispute or claim relating to the contract subject matter or formation (including non-contractual disputes or claims), shall be subject to the non-exclusive jurisdiction of the courts of Scotland.