- Terms and Conditions of Website Use
- SOCIAL RESPONSIBILITY
- ACCESSING OUR SITE
- INTELLECTUAL PROPERTY RIGHTS
- ACCEPTABLE USE
- INTERACTIVE SERVICES
- UPLOADING MATERIAL TO OUR SITE
- CONTENT STANDARDS
- RELIANCE ON INFORMATION POSTED
- OUR SITE CHANGES REGULARLY
- OUR LIABILITY
- INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
- MALICIOUS CODE, HACKING AND OTHER OFFENCES
- LINKING TO OUR SITE
- LINKS FROM OUR SITE
- ENTIRE AGREEMENT
- JURISDICTION AND APPLICABLE LAW
- YOUR CONCERNS
- BOOKING TERMS & CONDITIONS
- PRICES AND PAYMENT
- CANCELLATIONS AND CHANGES TO BOOKINGS
- OUR LIABILITY
- AT THE DISTILLERY
Terms and Conditions of Website Use
We are extremely proud of our high quality brands, products and marketing. That pride goes hand in hand with a deep sense of responsibility and respect for the global communities that we serve and the individual consumers who enjoy our products. As part of our commitment to responsible marketing, we comply with the social responsibility policies established by DISCUS – the Distilled Spirits Council for the United States and spirits EUROPE – the European representative body for producers of spirit drinks, which set out the principles we maintain in all of our sales and marketing activities, including advertising and promotional programmes.
2. ACCESSING OUR SITE
Access to our Site is permitted on a temporary basis to users located in countries or other territories where the sale, advertising and consumption of alcoholic beverages is permitted. We reserve the right to withdraw, amend, suspend or terminate indefinitely the services we provide on our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our Site. You are also responsible for ensuring that all persons who access our Site through your Internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property and database rights, in our Site, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) (“Materials”) are owned by us, our subsidiaries, affiliates companies and/or any of our partners (“the Owners”). The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Site.
We reserve the right to copy protect any of the Materials on our Site. Except as provided in these terms and conditions, the use of this Site does not grant you any rights, title, interest or license to any Materials you may access on this Site. Provided that you are located in a country or other territory where the sale, advertising and consumption of alcoholic beverages is permitted AND you have an age at which it is legal to purchase and consume alcoholic beverages (“Legal Drinking Age”) in the country or other territory in which you are located, you may print a reasonable number of hard copies, and may download extracts, of any page(s) from our Site for your lawful, personal, non-commercial use. Unless otherwise specifically authorised by us (by way of example only, explicit instructions such as “Click Here to Enlarge this Image”) you must not modify the paper or digital copies of any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or proprietary notice. All other copying (whether in electronic, hard copy or other format) reproduction, transmission, public performance, distribution, commercial exploitation, adaptation, translation, modification, bundling, merging, sharing or making available to any person, or creation of any derivative works of our Site or the Materials on our Site is prohibited and may breach intellectual property laws and other laws worldwide.
The status of the relevant Owners (and that of any identified contributors) as the holders of rights in the Materials published on our Site must always be acknowledged.
You must not use any part of the Materials on our Site for commercial purposes without obtaining a licence to do so from us and/or, where applicable, from the relevant Owner.
You may use our Site only for lawful purposes and we reserve the right, in our sole discretion, to terminate your use of the Site. You may not use our Site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any Material which does not comply with our content standards below.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware (“Malicious Code”).
We may from time to time provide interactive services on our Site including, without limitation, chat rooms and forums, bulletin boards, music mix rooms, image upload features, interactive drinks functionality and interactive clubfinder. Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, whether it is moderated and what form of moderation is used (including whether it is human or technical).
We will make reasonable efforts to assess any possible risks for users from third parties when they use any interactive service provided on our Site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our Site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not. Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
6. UPLOADING MATERIAL TO OUR SITE
Any material you upload to our Site will be considered non-confidential and non-proprietary, and unless otherwise agreed in writing between us, we have the right to use, copy, distribute and disclose to third parties any such material in whole or in part for any purpose. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy. You waive any moral rights in respect of any material you upload to our Site.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Site.
We have the right to remove any material or posting you make on our Site if, in our sole opinion, such material does not comply with the content standards below.
Any and all material which you contribute to our Site must comply with the spirit of the following content standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
Your contributions must:
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK, the US and in any country from which they are posted.
Your contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain sexually explicit material.
- Harm, or attempt to harm, minors in any way.
- Encourage, condone, promote or glamourise under-age, excessive or irresponsible consumption of alcoholic beverages or drink driving.
- Be targeted at an under legal drinking age audience.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or other proprietary right of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal or immoral activity.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our Site regularly, and may change the content at any time. Any of the material on our Site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our Site is provided “as is” and without any guarantees, conditions or warranties as to its accuracy, to the extent permitted by law, we and all other members of the Bacardi Group of Companies and our affiliates (the “Bacardi Group”) hereby expressly exclude and disclaim:
Because some jurisdictions do not allow the exclusion or limitation of liability or damages, the Bacardi Group’s liability in such jurisdictions shall be limited to the fullest extent permitted by law.
All conditions, representations, or warranties of any kind, either express or implied, including warranties of merchantability or fitness for a particular purpose and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for: loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted management or office time, and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE AND EVENTS
The Bacardi Group may organise events in your country. We reserve the right to collect still and moving images at those events and to publish them on this Site and other websites operated by us for information purposes about our brands’ marketing activities. By accepting to be our guest at any such event, you also consent to being photographed and filmed during your attendance and grant us the right to publish your images on this Site and other websites for editorial purposes throughout the world in perpetuity without limitations and without any compensation. If your image is published on this Site or any of our websites and you disagree with its use, please ask us to remove it by writing to our Digital Director at email@example.com
MALICIOUS CODE, HACKING AND OTHER OFFENCES
You must not misuse our Site by knowingly introducing any Malicious Code. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack.
We will report any such activity by you to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack or Malicious Code that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You must not establish a link from any website to any page in our Site or frame our Site on any other site. Unless otherwise authorised in writing by us, you may not suggest any form of association, approval or endorsement of any website on our part.
If you wish to make any use of Material on our Site other than that set out above, please address your request for the attention of our Digital Director at firstname.lastname@example.org.
LINKS FROM OUR SITE
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
JURISDICTION AND APPLICABLE LAW
If you are located in the U.S., these terms are governed and construed in accordance with the laws of the State of New York, excluding its conflicts of law rules, and any dispute arising out of or relating to these Terms and Conditions or your access or use of this Site will be subject to the exclusive jurisdiction of the courts located within the county of New York in the State of New York, and you hereby submit to the personal jurisdiction of such courts.
If you are located anywhere except the U.S., then (i) these terms are governed by English law; and (ii) the English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site although we retain the right to bring proceedings against you for breach of these terms in your country of residence or any other relevant country and (iii) these Terms and Conditions are governed by English law.
If you have any concerns about material which appears on our Site, please contact in writing for the attention of our Digital Director at email@example.com.
BOOKING TERMS & CONDITIONS
INFORMATION ABOUT US
Tours, experiences and events (“Experiences”) at Dewar’s Aberfeldy Distillery (the “Distillery”) are operated by John Dewar and Sons Limited (“we”, “the company”, “JDSL”). John Dewar and Sons Limited is registered in England at Bacardi Brown Forman House, Kings Worthy, Winchester, Hampshire, SO23 7TW, with registered company number 613551.
The following Booking Terms and Conditions, as well as any information contained in the booking form or tickets provided to you, apply to all bookings for Experiences at the Distillery. They shall be deemed to commence upon booking ticket(s) for an Experience.
ONLINE BOOKING SERVICE AND WEBSITE
We will endeavour to ensure that the information displayed on the website is current and accurate. However, we cannot be held liable for any errors.
We reserve the right to change or withdraw the Experiences on the website without any prior notice.
Upon booking tickets for an Experience, you warrant that:
- You are 18 years old or over.
- All details you have provided for yourself or other guests are correct to the best of your knowledge.
- The payment card is your own and the total amount for the booking is able to be paid for in full from the account.
- You will abide by these Booking Terms and Conditions.
CONDITIONS OF ENTRY TO THE EXPERIENCE
All Experiences are subject to availability and may be altered or cancelled at any time. On arrival, you must show the payment card used during online booking or the booking code for your party, because proof of payment is required prior to entry to the Distillery.
All visitors may be subject to an age check on arrival at the Distillery, so visitors should bring photo identification (“ID”) to the Distillery. We operate a Challenge 25 policy. If our staff believe or suspect any visitor who wishes to consume alcohol is under 25, that visitor will be asked to produce photo ID. In that event, if you cannot produce valid photo ID, you will not be served and you may be asked to leave the Distillery.
All other concessions must bring valid proof of the relevant entitlement (e.g. NUS card, military or services card or photo ID).
Any guests under 18 must be accompanied by an adult over the age of 18.
Ticket holders for the Dewar’s Aberfeldy Distillery Experiences (including disabled guests and groups) must arrive at the visitor centre between the specified arrival times. Latecomers will not be admitted to the Experience except at the absolute discretion of JDSL.
We reserve the right to refuse admission to the Distillery.
As a working distillery, we cannot allow visitors with high heels or open-toed shoes into the production areas. Please ensure that you wear sensible footwear to the distillery.
This section gives the details on any specific promotions Dewar’s Aberfeldy Distillery is running.
PRICES AND PAYMENT
The price of any Experience, will be as quoted on the website www.dewarsaberfeldydistillery.com. All prices shown are inclusive of VAT. We reserve the right to change the prices of any Experience at any time and without prior notice. However, once a booking e-mail has been received by you, the price of that Experience will not change.
We accept Visa and MasterCard credit cards, Visa Delta and Maestro debit cards and American Express/Diners Card. By booking an Experience, you consent to payment being charged to your credit/debit card. All credit/debit cardholders are subject to validation checks using 3DSecure and may be subject to checks through your banking provider. If your card issuer does not authorise payment, we will not be liable for any delay or non-delivery.
All experiences shall be booked and paid for in GBP Sterling.
CANCELLATIONS AND CHANGES TO BOOKINGS
If we cancel your Experience in its entirety, you will be entitled to a full refund for the purchase price of the Experience.
We will use reasonable endeavours to be open and operational during published opening hours, but we reserve the right to close the Experience on any given day or part thereof, whether for security or any other reason, without notice. In the event of total closure, any tickets issued for use only on the day of closure will be exchanged or refunded by JDSL at the price paid for them, but no further compensation will be paid.
From time to time, parts of the Experience may be closed (e.g. for maintenance, events or for technical reasons). Tickets will not be refunded and no compensation will be paid in the event of such closures.
If you cancel a booking or do not arrive for a scheduled Experience, tickets cannot be exchanged or refunded unless at the discretion of JDSL management.
Tickets are non-transferable and non-refundable.
You may cancel unused vouchers/gift cards from Dewar’s Aberfeldy Distillery at any time up to 14 days after the date upon which the voucher was purchased. Please contact us by phone or by e-mail at firstname.lastname@example.org within the 14 day period and we will provide a full refund. Refunds will be made to the person who purchased the voucher using the same means of payment used for the initial purchase. Once an experience has been booked using the voucher the right to cancel the voucher will be lost.
Any group of 11 people or more must be booked in advance by contacting Dewar’s Aberfeldy Distillery. We have a capacity restriction through the production area of 16 people, so groups larger than this will be split and timings staggered.
If you suffer losses as a result of JDSL breaking these conditions, our liability is strictly limited to the purchase price of the Experience you purchased. We are not responsible for any loss of profit, loss of business, loss of goodwill, or any indirect, special or consequential loss, damage, costs, expenses or other claims which arise out of in connection with the Experience.
Notwithstanding the foregoing, nothing in these terms limits in any way our liability:
- For death or personal injury caused by our negligence;
- Under section 2(3) of the Consumer Protection Act 1987;
- For fraud or fraudulent misrepresentation; or
- For any matter which cannot be excluded by law.
EVENTS OUTSIDE OF OUR CONTROL
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that is caused by events outside our reasonable control (“Force Majeure Event”). Our performance under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these terms and conditions may be performed despite the Force Majeure Event.
AT THE DISTILLERY
VISITOR HEALTH AND SAFETY
Distillery staff may draw visitors’ attention to certain Health & Safety procedures, to which visitors must adhere.
While at the Distillery, visitors must observe the following:
- No smoking other than in the designated smoking area
- No pets or animals. Guide dogs and hearing dogs are welcome in the visitor centre, but cannot enter the distillery as it is a food production facility.
- No access to any area of the Distillery other than areas designated for access by Visitors.
We reserve the right to remove anyone from the Distillery if their behaviour is considered likely to cause offence or create a nuisance to other visitors or staff.
In the interests of safety, visitors may be asked to submit to a search of their person or belongings and anyone refusing to submit or found to be in possession of materials believed by JDSL to be dangerous or unsuitable will be denied entry or removed from the Experience.
JDSL accepts no responsibility for loss, theft or damage to any personal belongings brought into the Experience.
Flash photography and video recording is strictly prohibited within the production areas.
When in the production areas, for safety reasons mobile phones, cameras and any electrical equipment must be switched off.
From time to time JDSL or other authorised third parties may carry out photography or other recording at the Distillery and any images or recordings may feature visitors. Visitors consent to the use of such images by JDSL in connection with advertising, promotions or monitoring and acknowledge that the copyright in such images rests with JDSL and/or any authorised third party.
All spaces within the Dewar’s Aberfeldy Distillery visitor centre are fully accessible, however there are some restrictions within the production areas. Electric wheelchairs and mobility scooters will be unable to pass through the production area but there are manual wheelchairs at the visitor centre. If you have any requirements for special assistance, please contact us in advance to ensure we can receive you and ensure you get the best possible experience.
HEARING IMPAIRED ASSISTANCE
The tour of the production area is hosted by a tour guide who explains the production process. For visitors with hearing impairments, we can offer a written script on request.
VISUALLY IMPAIRED ASSISTANCE
Guide Dogs are welcome in the visitor centre, but cannot enter the Distillery as it is a food production facility. We recommend carers accompany our visually impaired visitors.
There are hand rail extensions and contrasting floor textures throughout the Distillery.
Please note that the lighting levels within some of the rooms are low and in others which have windows extremely bright.
The Distillery operates a Free Carers Policy, whereby it offers a free carer ticket to any customer who requires essential assistance to visit our Distillery.
We also reserve the right to refuse to process a transaction for any reason.
If any provision of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these terms and conditions and the remainder of the provision in question will not be affected.
These terms and conditions and any document expressly referred to in them constitute the whole agreement between you and us and supersede any previous arrangement, understanding or agreement between you and us relating to the subject matter of these terms and conditions.
Any contract between you and us pursuant to these terms and conditions will be binding on you and us and on our respective successors and assigns.
You may not transfer, assign, charge, sub-contract or otherwise dispose of any such contract, or any of your rights or obligations arising under such a contract, without our prior written consent.
These terms and conditions are governed by and construed in accordance with the Laws of England and Wales, and you can bring legal proceedings in the courts of England and Wales. If you live in Scotland you can bring legal proceedings in either the Scottish courts or the English courts. If you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the English courts.