Terms of Use

Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

To visit our website, you must be of an age at which the purchase and consumption of alcohol is permitted according to the legislation in your country of residence. If there are no laws on this matter, then you must be at least 18 years old.

This website uses cookies.  By using this website and agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our Cookie policy.

About

www.ardgowandistillery.com is operated by Ardgowan Distillery Co. Ltd registered in Scotland, no SC537030. Registered address: C/O Brodies Llp Capital Square, 58 Morrison Street, Edinburgh, United Kingdom, EH3 8BP.

License to use website

Unless otherwise stated, Ardgowan Distillery and/or its licensors own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

• republish material from this website (including republication on another website);

• sell, rent or sub-license material from the website;

• show any material from the website in public;

• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or

• edit or otherwise modify any material on the website.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without the express written consent of Ardgowan Distillery.

You must not use this website for any purposes related to marketing without Ardgowan Distillery’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Ardgowan Distillery reserves the right to restrict access to areas of this website, or indeed this entire website, at Ardgowan Distillery’s discretion.

If Ardgowan Distillery provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

Ardgowan Distillery may disable your user ID and password in Ardgowan Distillery’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Ardgowan Distillery a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to Ardgowan Distillery the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Ardgowan Distillery or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Ardgowan Distillery reserves the right to edit or remove any material submitted to this website, or stored on Ardgowan Distillery’s servers, or hosted or published upon this website.

Limitations of liability

Ardgowan Distillery will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• to the extent that the website is provided free-of-charge, for any direct loss;

• for any indirect, special or consequential loss; or

• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Ardgowan Distillery has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Ardgowan Distillery’s liability in respect of any:

• death or personal injury caused by Ardgowan Distillery’s negligence;

• fraud or fraudulent misrepresentation on the part of Ardgowan Distillery; or

• matter which it would be illegal or unlawful for Ardgowan Distillery to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Ardgowan Distillery has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against Ardgowan Distillery’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Ardgowan Distillery’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Ardgowan Distillery.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Ardgowan Distillery and undertake to keep Ardgowan Distillery indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Ardgowan Distillery to a third party in settlement of a claim or dispute on the advice of Ardgowan Distillery’s legal advisers) incurred or suffered by Ardgowan Distillery arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Ardgowan Distillery’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Ardgowan Distillery may take such action as Ardgowan Distillery deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Prize draws and competitions

Our prize draws and competitions are designed in line with the guidance provided by the Advertising Standards Authority (ASA).

These rules apply to all competitions, prize draws, promotions, giveaways and suchlike that are promoted on and run through our website or social media channels.

To enter a competition, you must enter as directed on our website or social media channels.

Entrants must be over 18 and the competition ends at midnight of the day before the draw. No purchase is necessary, opted in subscribers for marketing permissions are entered automatically.

Our competitions may be free to enter, or may require a purchase, dependent on the promotion.

Promotions on social media are in no way sponsored, endorsed or associated with, Facebook, Twitter, Google Plus, Instagram, LinkedIn or any other social network.

To be eligible to enter a competition:

(a) entrants must not be our employee, officer or agent, or an employee, officer or agent of any person or organisation involved in the running of the competition, and you must not be a family relation of any such person.

(b) competition entrants for our promotions on social media must have a genuine account

A competition shall open for entries at the time and on the date specified on our website and/or social media channels, and similarly, shall close to entries at the time and on the date specified on our website and social media channels.

Any entries received before the opening or after the closing of the competition will be invalid and will not be entered into the competition.

No responsibility can be accepted for entries not received for whatever reason.

We reserve the right to cancel or amend the competition and these terms and conditions without notice in the event of a catastrophe, war, civil or military disturbance, act of God or any actual or anticipated breach of any applicable law or regulation or any other event outside of our control. Any changes to the competition will be notified to entrants as soon as possible by us.

Entry into the competition will be deemed as acceptance of all of these terms and conditions.

Competition entries shall be judged or winners selected on the basis of those criteria specified on our website and/or social media channels in relation to the competition.

In the case of a prize draw, winners shall be selected at random.

If a competition entrant does not meet the eligibility requirements or is subject to any entry restrictions, that entrant shall not be entitled to be adjudged a winner, and will not be entitled to a prize in any circumstances.

Our decision in respect of all matters to do with the competition will be final and no correspondence will be entered into.

Competition prizes for each competition shall be specified on our website or social media channels.

Competition prize winners will be notified of the competition result by email (if address is asked for/provided) or by direct message on social media (winners must therefore ‘like’ or ‘follow’ our social media accounts in order to be contacted about prizes) not more than 30 days following the closing date of the competition, and will receive their prizes not more than 60 days following that closing date.

Reasonable efforts will be made to contact the prize winner for 14 days but if the winner fails to respond to our notification attempts within this time or provide an address for delivery of the prize or fails to meet any of the eligibility requirements or is otherwise unable to comply with the competition terms and conditions, we reserve the right to disqualify that entrant and offer the prize to the next eligible entrant and thereafter until a winner is found.

The results of a competition will be announced on our website within 30 days following the closing date of the competition. The announcement may include the name and photograph, the town or region of residence and prize details of each prize winner.

No cash alternative to the prizes will be offered. The prizes are not transferable. Prizes are subject to availability and we reserve the right to substitute any prize with another of equivalent value without giving notice.

You warrant to us that you created your competition entries, that you own all of the copyright in those entries, and that our use of the entries in accordance with these rules will not infringe any person's intellectual property rights or other legal rights.

You grant to us an exclusive, worldwide, royalty-free, perpetual and irrevocable licence to copy, store, edit, distribute, transmit and publish your competition entries.

To the maximum extent permitted by applicable law, you irrevocable and unconditionally waive your rights to be identified as the author of your competition entries and to object to any derogatory treatment of your competition entries.

We may undertake publicity activities relating to competitions and prize awards. The winner therefore agrees to the use of their name, photograph and disclosure of town or region of residence in any post-prize-winning publicity names, surnames, towns or regions of residence and prize details.

All other personal details collected as part of the competition will be used in conjunction with our Privacy Policy.

Vouchers and Special Offers

Vouchers and special offers (codes or otherwise) apply to pounds sterling used through the Ardgowan Distillery online shop.

Use of your vouchers or special offer codes or other similar offers constitutes acceptance of our Terms and Conditions of Service and we therefore recommend you read them carefully. Our vouchers and special offers remain the property of Ardgowan Distillery Co. Ltd who maintain the right to cancel them in situations where it is deemed necessary to do so (such as to comply with applicable laws or as a result of circumstances beyond our control).

The value of our vouchers or codes can be redeemed online at https://shop.ardgowandistillery.com/ provided it is redeemed within the redemption period.

The voucher cannot be exchanged for cash.

Vouchers and discount codes are valid for a specific amount of time. This will be detailed on the document or email notification from which it was received: after this date they expire automatically and cannot be used. We have no obligation to remind or inform you of the voucher or code’s expiry date.

Only one voucher or code may be used per online order.

You are solely responsible for the safe keeping and security of your voucher or code.

Customers using our shop and redeeming vouchers or codes must be over 18 years of age.

Personal data relating to your purchase or use of a voucher will be used in accordance with current applicable data protection and privacy legislation and the our privacy policy which can be found here.

Variation

Ardgowan Distillery may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version. This does not affect your legal rights.

Assignment

Ardgowan Distillery may transfer, sub-contract or otherwise deal with Ardgowan Distillery’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions  constitute the entire agreement between you and Ardgowan Distillery in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Scottish Law , and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Scottish Courts.