TERMS & CONDITIONS
1. USE OF THE WEBSITE
Please read these Terms and Conditions for website use (“Use of the Website Terms and Conditions”) carefully before using the Website and any content on social media websites, including without limit Facebook and Twitter (together: the “Website”). These Use of the Website Terms and Conditions apply to all visits and uses of the Website, as well as to the Content (as defined below), information, recommendations, products and services provided to you on or through the Website. By accessing and using the Website, you grant your consent to these Use of the Website Terms and Conditions in their entirety in addition to any other law or regulation that applies to the Website and the Internet. If you do not agree to these Use of the Website Terms and Conditions, please leave the Website immediately.
1.1 CONTENT ON THE WEBSITE
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trademarks, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Caisteal Chamuis, its affiliated companies, its licensors or its content providers. All elements of the Website including, but not limited to, the general design and the Content, can be protected by copyright, moral rights, database rights, trade mark and other laws relating to intellectual property rights. Except as explicitly permitted under this or another agreement with Caisteal Chamuis, no portion or element of the Website or its Content may be copied or retransmitted via any means. The Website, its Content and all related rights shall remain the exclusive property of Caisteal Chamuis, its affiliated companies or its licensors unless otherwise expressly agreed. All such rights are reserved.
1.2 COPYRIGHT AND TRADEMARKS
The copyright in all Content is and remains owned by Caisteal Chamuis, its affiliated companies or its licensors as appropriate. Except as may be otherwise indicated in specific documents within the Website, you are authorised to view, play, print and download Content found on the Website for personal, informational, and non-commercial purposes only. You may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content. You may not reuse any Content without first obtaining the consent of Caisteal Chamuis. For purposes of these terms, the use of any such Content on any other Website or networked computer environment is prohibited. You will not remove any copyright, trademark or other proprietary notices from Content found on the Website.
In the event you download software (including but not limited to screensavers, smart phone applications, icons, videos and wallpapers) from the Website, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by Caisteal Chamuis. Caisteal Chamuis does not transfer title to the Software to you. You own the medium on which the Software is recorded, but Caisteal Chamuis retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form.
All trademarks, service marks, logos and trade names which appear on products of Caisteal Chamuis, product packaging and/or on the Website, whether registered or not (the “Trade Marks”) remain the exclusive property of Caisteal Chamuis, its affiliated companies or its licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Caisteal Chamuis’ prior written consent. The use of any of the Trade Marks on any other Website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet Website or the creation of links, hypertext, links or deep links between Caisteal Chamuis.
1.3 DISCLAIMER OF WARRANTIES
The Website and the Content are free of charge and provided ‘as is’ and without any warranties of any kind. The information on the Website is for general information purposes only and does not constitute advice. Caisteal Chamuis does not represent or warrant that the information and/or facilities contained in the Website are accurate, complete or current, or that the Website or the server that makes the Website available are free of viruses or any other harmful components. Further, Caisteal Chamuis will not provide for specific IT infrastructure or connectivity. Thus Caisteal Chamuis cannot represent or warrant the Website will be uninterrupted or error free. Caisteal Chamuis does not make any warranties or representations regarding the use of the Content on the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise, in each case to the fullest extent permitted by applicable law.
1.4 LIMITATION OF LIABILITY
Your use of the Website is at your own risk. Neither Caisteal Chamuis, nor any of its employees, officers, directors nor any of its agents or any other party involved in creating, producing or delivering the Website will be liable for any direct, indirect, special, consequential or other damages that result from the use of, or the inability to use, the Content on the Website, including damages caused by viruses or any incorrectness or incompleteness of the information on the Website, or the performance of the products or otherwise arising out of or in connection with these Use of Website Terms and Conditions, even if Caisteal Chamuis has been advised of the possibility of any such damages.
1.5 LINKS TO THIRD PARTIES
For your convenience and to improve the usage of the Website, links to Websites that are owned and controlled by third parties may be provided from time to time. These links take you outside Caisteal Chamuis’ service and off the Website and are beyond Caisteal Chamuis’ control. This includes links to partners that may use the Trade Marks as part of a co-branding agreement. The Websites you can link to have their own separate terms and conditions as well as a privacy policy. Caisteal Chamuis is not responsible and cannot be held liable for the content and activities of these Websites. You therefore visit/access these Websites entirely at your own risk.
Please note that these other Websites may send their own cookies to users, collect data or solicit personal information, and you are therefore advised to check the terms of use and/or privacy policies on those Websites prior to using them.
1.6 MISUSE OF THE WEBSITE
You are prohibited from using the Website to post or transmit any User Generated Content (as defined below) which infringes or may infringe third party intellectual property rights or which is threatening, false, misleading, inflammatory, defamatory, invasive of privacy, obscene, pornographic, abusive, discriminating, illegal or which could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. Caisteal Chamuis may deny you access to the Website at any time in its sole discretion, and which shall include situations where Caisteal Chamuis believes that your use of the Website is in breach of any of these Use of Website Terms and Conditions and/or applicable laws.
You are also prohibited from using the Website to advertise or perform any commercial solicitation.
You may not use any software, robot, crawler, spider, page scraper or any other automated means or device to (a) access, copy, affect or monitor any part of the Website or its content or circumvent the structure or presentation of the Website or any of its content or (b) to interfere with the operation of the Website or any transaction being made on the Website or interfere or affect any person’s use of the Website or to help facilitate any third party to purchase any product on the Website.
You may not attempt to gain unauthorised access to any part or feature of the Website or any system connected to the Website by hacking, password mining or other illegitimate or unauthorised means.
1.7 USER GENERATED CONTENT
All opinions, remarks, comments, artwork, graphics, photographs, links, questions, suggestions, information, videos and other materials (including your personalisation of Customised Products) that you or other users of the Website post to the Website or transmit using the Website (“User Generated Content”) will be deemed non-confidential and non-proprietary. Accordingly, Caisteal Chamuis shall have the non-exclusive, royalty-free, right to use, copy, distribute and disclose to third parties any User Generated Content for any purpose, in any medium and throughout the world (license grant). You acknowledge and agree that Caisteal Chamuis only acts as a passive conduit for the distribution of the User Generated Content and is not responsible or liable to you or to any third party for the content or accuracy of the User Generated Content. Caisteal Chamuis shall not be continuously monitoring User Generated Content published by you or moderating between users, nor shall Caisteal Chamuis be under an obligation to do so. Without limit to the generality of the foregoing, you acknowledge and agree that any remarks, opinions, comments, suggestions and other information expressed or included in the User Generated Content do not necessarily represent those of Caisteal Chamuis. Any use by you of the User Generated Content is entirely at your own risk. You represent and warrant that any User Generated Content posted or transmitted by you is original to you and does not copy the work of any third party or otherwise infringe any third party intellectual property rights, rights of privacy or personality rights and does not contain any defamatory or disparaging statements. Furthermore, you represent and warrant that you have the capacity to grant the license as stipulated in this paragraph. You agree to indemnify and keep Caisteal Chamuis and its affiliated companies indemnified against all costs, expenses, damages, losses and liabilities incurred or suffered by Caisteal Chamuis or its affiliated companies related to any User Generated Content posted or transmitted by you or your other use of the Website.
Caisteal Chamuis reserves the right at its sole discretion to block or remove (in whole or part) any User Generated Content posted or transmitted by you and which Caisteal Chamuis believes is not in accordance with these Use of Website Terms and Conditions (including materials which infringe or may infringe third party intellectual property rights, rights of privacy or personality rights), or is otherwise unacceptable to Caisteal Chamuis.
You agree to promptly notify Caisteal Chamuis in writing (see How to Contact Us below for contact details) of any User Generated Content (or other Content) which breaches these Use of Website Terms and Conditions. You agree to provide to Caisteal Chamuis sufficient information to enable Caisteal Chamuis to investigate whether such User Generated Content (or other Content) breaches these Use of Website Terms and Conditions. Caisteal Chamuis agrees to make good faith efforts to investigate such complaint and shall take such action as Caisteal Chamuis in its sole discretion decides. However, Caisteal Chamuis does not warrant or represent that it will block or remove (in whole or part) such User Generated Content or other Content.
1.8 UNSOLICITED IDEAS
Caisteal Chamuis maintains the policy of not reviewing or accepting any unsolicited submissions of ideas, inventions, designs and/or other materials related to Caisteal Chamuis business whether consisting of texts, images, sounds, software, information or otherwise (the “Materials”) from persons external to Caisteal Chamuis. You should therefore not post any Materials on the Website or send these to Caisteal Chamuis by e-mail or otherwise.
2. MISCELLANEOUS
2.1 HOW CAN YOU CONTACT US?
If you have any questions or comments about the Website or the Product Terms or in the unlikely event that you wish to make a complaint please don’t hesitate to contact our Customer Service by clicking here.
Alternatively, you may also write to us using the following address:
Mossburn Distellers Ltd.
Mossburn House, Camptown, Jedburgh, Roxburghshire, TD8 6PJ
2.2 PRIORITIES
In case of contradiction between the Product Terms and any content contained in other parts of the Website or in links, the Product Terms contained in this document prevail.
2.3 AMENDMENTS TO THE PRODUCT TERMS
We reserve the right to make changes to these Product Terms at any time.
The use of this Website as well as any purchase agreement executed between you and us, will be subject to the version of the Product Terms in force at the time you place the order through this Website or the day you browse this Website (as applicable).
Please check the Product Terms periodically for changes.
2.4 DATA PROTECTION
Caisteal Chamuis fully respects the privacy of individuals who access and use the Website. For details on the manner in which we use cookies, the type of information we collect, how and for what purpose, we use your information and under what circumstances we disclose information please see our Privacy Statement and Cookie Policy, which are incorporated into and form part of these Product Terms.
By placing a purchase order you agree and understand that we may collect, use, store and process your personal data in accordance with our Privacy Statement.
2.5 SEVERANCE
Each provision of these Product Terms shall be construed separately and independently of each other. If any provision is deemed invalid, void or otherwise unenforceable, that provision shall be deemed severable from and shall not affect the enforceability of any of the other provisions of these Product Terms.
3.6 SUB-CONTRACTING AND ASSIGNMENT
Caisteal Chamuis reserves the right to sub-contract, transfer, assign or novate all or any of our rights and obligations under the Product Terms provided that your rights under the Product Terms are not affected. You may not sub-contract, assign or otherwise transfer any of your rights or obligations under the Product Terms without our consent in writing.
3.7 Events beyond reasonable control
Caisteal Chamuis will be not held responsible for any delay or failure to perform or comply with our obligations under the Product Terms when the delay or failure arises from any cause which is beyond Caisteal Chamuis’ reasonable control.