20 May 2023

Website terms and conditions of use

Hot Rum Cow Publishing Ltd

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE

These terms of use (together with the documents referred to in these terms) tell you the terms on which you may make use of the website at / and, where appropriate, our social media pages (“the Website”), whether as a guest or a registered user. Use of the Website includes accessing, browsing, registering to use or uploading content to the Website.

Please read these terms of use carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of these terms for future reference.

By using the Website, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use the Website.

OTHER APPLICABLE TERMS

These terms of use refer to the following policy and additional terms, which also apply to your use of the Website:

  • Our privacy and cookies policy /privacy-policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, together with information about cookies. By using the Website, you consent to the processing of your personal date, our use of cookies and you warrant that all data provided by you is accurate.
  • The terms and conditions of supply of our chosen online retailers at http://www.walkerslater.com/world-whisky-day-shop/ will apply to sales of products via our Website.

INFORMATION ABOUT US

The Website is a site operated by Hot Rum Cow Publishing Ltd (“us” or “we”). We are registered in Scotland under company number SC415634 and have our registered office at 54/2 Timber Bush, Edinburgh EH6 6QH.

CHANGES TO THESE TERMS AND OUR WEBSITE

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we made, as they are binding on you.

We may update the Website from time to time, and may change the content at any time. However, please note that any of the content on the Website may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee or warranty that the Website, or any content on it, will be free from errors or omissions.

ACCESSING THE WEBSITE

The Website is made available free of charge.

We do not guarantee or warrant that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to you if for any reason the Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to the Website.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these terms of use and other applicable policies and terms and conditions, and that they comply with them.

YOUR ACCOUNT AND PASSWORD

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of the terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@worldwhiskyday.com.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use and you may draw the attention of others within your organisation to content posted on the Website.

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.

Our status (and that of any identified contributors) as the authors of content on the Website, must always be acknowledged.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these terms of use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

NO RELIANCE ON INFORMATION

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website.

Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up-to-date.

PROHIBITED USES

You may use the Website only for lawful purposes. You may not use the Website:

  • 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 (set out below);
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  • 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.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of the Website in contravention of the provisions of these terms of use;
  • not to access without authority, interfere with, damage or disrupt:
  • any part of the Website;
  • any equipment or network on which the Website is stored;
  • any software used in the provision of the Website; or
  • any equipment or network or software owned or used by any third party.

INTERACTIVE SERVICES AND SOCIAL MEDIA

We may from time to time provide interactive services on the Website, including, without limitation, links and newsfeeds from our social media pages on Twitter and Facebook, bulletin boards and chat rooms.

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the Website, 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.

CONTENT STANDARDS

These content standards apply to any and all material which you contribute to the Website (“Contributions”), and to any interactive services associated with it.

When posting or uploading any Contributions, you must comply with following standards. The standards apply to each part of any Contribution as well as to its whole.

Contributions must:

  • be accurate (where they state facts);
  • be genuinely held (where they state opinions); and
  • comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • contain any material which is defamatory of any person;
  • contain any material which is obscene, offensive, hateful or inflammatory;
    promote sexually explicit material;
  • promote violence;
  • promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
  • infringe any copyright, database right or trade mark 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 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; and
    advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by Scots law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.

If you are a business user, please note that in particular, we will not be liable for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a non-business user, please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on the Website, with the exception of content posted by us on our social media pages. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Different limitations and exclusions of liability apply to liability arising as a result of the supply of any goods by use to you, which are set out in the terms and conditions of supply of our chosen online retailers at http://www.walkerslater.com/world-whisky-day-shop/.

UPLOADING CONTENT TO THE WEBSITE

Any content you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content for any purpose.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website or to our social media pages constitutes a violation of their intellectual property rights, or of their right to privacy.

We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of the Website or our social media pages.

We have the right to remove any posting you make on the Website or our social media pages if, in our opinion, your post is inappropriate or has been the subject of complaint from any third party.

The views expressed by other users on the Website or our social media pages do not represent our views or values.

VIRUSES

We do not guarantee or warrant that the Website will be secure or free from bugs or viruses.

You are responsible for configuring your own information technology, network, computer programmes and/or platform in order to access the Website. You should use your own virus protection software.

You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach 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 the Website will cease immediately.

LINKING TO THE WEBSITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Website in any website that is not owned by you.

The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on the Website other than that set out above, please contact info@worldwhiskyday.com.

THIRD PARTY LINKS AND RESOURCES IN THE WEBSITE

Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of these terms through your use of the Website. When a breach of these terms has occurred, we may take such action as we deem appropriate.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, its subject matter and its formation, are governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction.

If you are a business, these terms of use, its subject matter and its formation (and any non-contractual disputes or claims) are governed by Scots law. We both agree to the exclusive jurisdiction of the courts of Scotland.

TRADE MARKS

“World Whisky Day” and “W” are trade marks of Hot Rum Cow Publishing Ltd.

CONTACT US

To contact us, please email info@worldwhiskyday.com or complete the form on our “Contact Us” page.

Thank you for visiting the Website.