Terms of service
V1.1
Last modified 5 May 2022
1 Overview
i. This website (henceforth referred to as the “Site”) exists to provide information about Our products, and to enable You to subscribe to Our information updates about Our products. It is owned and operated by Way Down Bourbon Company Ltd. (“We”, “Our”, “Us”), a company registered in Scotland with Reg. No. SC694307.
ii. Please read these Terms of Service carefully before accessing the Site. By visiting the Site, You engage with the Site and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”) as they stand at the time of Your visit, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the Site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. If You do not agree to all the terms and conditions of these Terms, then You may not access or use the Site.
iii. Your use of the Site does not constitute the formation of any contract between You and Us or place any obligation on Us except as described in these Terms of Service.
iv. Any new features or tools which are added to the 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.
v. When using the Site You also agree to be bound by Our Privacy Policy.
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 hello@waydownbourbon.com
2 Site access, terms of use & restrictions
i. 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 access the Site.
ii. 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.
iii. You understand that Your 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.
2.1 Restrictions on Your age and geographic location relating to information about alcohol
i. We do not offer information about alcohol on the Site to any persons or to any jurisdiction or country where that person’s access to such information is prohibited by local law.
ii. The Site is intended for UK residents who are at or over the age of 18. 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 information about alcohol which may exist in the jurisdiction where You are.
iii. We may require information to verify Your age & location. This information may include but is not limited to; Your declaration of age and location, and Our identification of Your geographic location by IP tracking and geolocation tools.
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 Product descriptions & information
i. All images of products 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. Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information if any information on the Site is inaccurate at any time, without prior notice. We undertake no obligation to update, amend or clarify information on the Site, including without limitation pricing information, except as required by law.
iv. 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.
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, 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.
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.
ii. We accept no liability for any interruption or delay in service 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.
iii. 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 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, use of the Site, or access to the Site, 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 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.