Site Terms of Service

V1.2

Last modified 26 Feb 2021

1  Overview

i. This website (henceforth referred to as the “Site”) provides information about Ardnahoe Distillery (the “Distillery”), and also provides a Booking facility (the “Facility”) which exists 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 and the Facility are 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 using the Site. By using the Site, You agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”). If You do not agree to all the terms and conditions of these Terms, then You may not use the Site.

iii. Any additions to or alterations to the Facility or Site shall also be subject to the 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.

iv. When using the Site You also agree to be bound by Our Privacy Policy. When using the Facility and/or making a Booking, you also agree to be bound by our Bookings Terms of Service.

v. Please retain a copy of these Terms and Conditions 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  Access, terms of use and restrictions

i. The Site is intended for personal use only. You agree not to use the Site for commercial, trade, or other business purposes.

ii. We make no warranty that the Site is appropriate or available outside of the UK. We may at Our sole discretion make limited the availability of or content of the Site to You based on Our determination of Your geographic location and/or jurisdiction.

iii. The Site is 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 use the Site.

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 restrict Your access to the Site without notice and straightaway if We believe You have breached Our Terms. Any such action by Us does not affect Your statutory rights.

2.1  Prohibitions

i. In addition to other prohibitions as set forth herein or hereunder, You are prohibited from using the Site and Facility 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 Facility or 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 Facility or Site, other websites, or the Internet.

3  Site information

3.1  Descriptions and pricing

i. Occasionally there may be information on the Site or the Facility that contains typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, times and availability. 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.

ii. All sizes, weights, capacities, dimensions and measurements indicated on the Site or 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.

4  Warranty, disclaimer & limitation of liability

4.1  Internet service, safety & security

i. We have adopted standard industry practices for development, maintenance and presentation of the Site and the Facility, however We do not warrant the Site or the Facility 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 or Facility 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 or Facility may contain.

ii. You accept that from time to time We may remove the Site or Facility for indefinite periods of time or cancel the Site or Facility at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Site and Facility is at Your own risk. We reserve the right to change the Site or Facility in any way at any time.

4.2  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 or Facility; other than where Your usage constitutes part of a contract between You and Us.

ii. Our liability in relation to any contract between You and Us shall be limited to the value of that which forms the contract, for example the value of a 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. We accept no liability for any interruption, delay or failure to fulfil any contract 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.

iv. 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.

5  Intellectual Property

i. All material hosted on the Site and the Facility is held copyright and variously trademarked by Us and/or Our partners. 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.

6  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.

7  Waiver, severability & entirety

i. No delay or act or omission by Us in exercising any right or remedy We may have under a contract with 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 or Facility constitute the entire agreement and understanding between You and Us and govern Your use of the Site and Facility, 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.

8  Jurisdiction

i. Any dispute or claim arising from any contract between You and Us relating to Bookings made through the Facility, 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.