Terms and Conditions for use of website

1. Acceptance of Terms

These Terms and Conditions (“Terms”) apply to the website www.midletonveryrarecaskcircle.com (the “Site”) operated by Irish Distillers Limited of Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland (“IDL”). IDL (“we,” “us,” “our”) provides the service and features offered on the Site to you subject to your acceptance of these Terms. If you do not agree to the Terms or the Privacy Statement please refrain from using the Site.

To use the Site, you must be of legal drinking age in your country of residence, and in the country from which you access the Site.

These Terms regulate the use of the Site, provided by IDL, as well as the relationship between IDL and the users of the Site.

We may update the Terms by posting a new version online, including at www.midletonveryrarecaskcircle.com, and your continued use of the Site after any such update constitutes your binding acceptance of such changes. Please read these Terms carefully. This document is a binding contract between you and IDL.

The Terms apply to all content, functions and tools that IDL provides through Site. In addition to the Terms, the Privacy Statement also applies.

It is impossible for us to determine with any degree of certainty whether any user is in fact the person he or she represents to be. Accordingly, we accept no liability for the actual identity of any user.

2. Linking to the Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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.

3. Links from the Site

Where the 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 content 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.

4. Data Protection

Your data, as well as information that you may provide at other times during your use of the Site, is subject to our Privacy Statement, which is incorporated by reference into these Terms.

5. Intellectual Property Rights

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

In respect of any material that you submit to or post on the Site you grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, publish, translate and distribute such material in any media, together with the right to sub-licence such rights.

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

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 material on the Site must always be acknowledged.

You must not use any part of the materials on the Site 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 Site in breach of these Terms, your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

6. Reliance On Information Posted

We do not make any warranties or representations regarding information provided by us or by third parties to us, or any data provided or made available to you or any other user on the Site or on any external websites linked to them. In particular, we do not warrant or represent that such data and/or information is true or accurate, or that it fulfils or serves any particular purpose.

Commentary and other materials posted on the 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 the Site, or by anyone who may be informed of any of their contents.

7. The Site Changes Regularly

We aim to update the Site regularly, and may change the content at any time. If the need arises, we may suspend access to the Site, or close it indefinitely. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

8. Availability and Functionality

IDL strives to keep the Site accessible 24 hours per day and 7 days per week. Because of maintenance work or technical issues of e.g. communication networks, it is possible that access to Site will be either temporarily limited or interrupted completely. IDL does not assume any liability for, or guarantee for the uninterrupted availability or the uninterrupted usability of the Site.

IDL strives for smooth operation, efficient functioning and functionality of the Site. However, the user accepts that software is never free of errors and that technical errors cannot be excluded generally. The user also acknowledges that for communication over the internet, various computers with various software in various configurations interact, which generally causes difficulties in terms of smooth functionality. That is why IDL does not accept liability for or guarantee the function or functionality of the Site, potentially offered downloads on
the Site and for the error-free operation of the hardware and software used for and by the Site.

9. Security

You should be aware that the Internet is not secure. If you choose to send any electronic communications by means of the Site, you do so at your own risk. IDL does not guarantee that such communications will not be intercepted or changed or that they will reach the intended recipient securely.

10. Our Liability

The material displayed on the Site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:

all conditions, warranties 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 the Site or in connection with the use, inability to use, or results of the use
of the 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.

Nothing in this clause affects our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.

11. Viruses, Hacking And Other Offences

You must not misuse the Site by knowingly introducing 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 must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you may commit a criminal offence and 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, actual or threatened, your right to use the Site will cease immediately.

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

12. Restricted Uses

You may use the Site only for lawful purposes. You may not use the 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, upload, download, use, re-use or knowingly receive any material which does not comply with our Content Standards (see below).
• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree:

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

13. Uploading Material To The Site

Whenever you make use of a feature that allows you to upload material to the Site, or to make contact with other users of the Site, you must comply with the Content Standards (see below). You warrant that you have all necessary permissions to upload the material and that any such contribution complies with all applicable laws and with our Content Standards (see below), and you indemnify us for any breach of that warranty.

Any material you upload to the Site will be considered non-confidential and non- proprietary. You agree that we may use, copy, distribute and disclose to third parties any such material 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 the Site 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 materials posted by you or any other user of the Site.

We have the right to remove any material or posting you make on the Site if, in our opinion, such material does not comply with the Content Standards (see below).

14. Content Standards

These content standards apply to any and all material which you contribute to the Site (“Contributions”).

You must comply with the spirit of the following standards as well as the letter. 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 Ireland and in any country from which they are posted.

Contributions must not:

• Contain any material which is defamatory towards any person;
• Breach the data protection or privacy rights 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 patent, copyright, database right, trade mark or other intellectual property 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 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; or
• Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

15. Suspension and Termination

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

Failure to comply with these Terms constitutes a material breach of the terms and may result in our taking all or any of the following actions:

• Immediate, temporary or permanent withdrawal of your right to use the Site;
• Immediate, temporary or permanent removal of any posting or material uploaded or contributed by you to the Site;
• Issue of a warning to you;
• Legal proceedings against you for damages and reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs); or
• Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.

16. Indemnity

You agree to indemnify us and keep us indemnified (including our directors, agents, servants and employees) against all losses, costs, charges, demands, proceedings, damages, actions, expenses and claims howsoever incurred by us as a result of your use of the Site or a breach by you of any of these Terms.

In the event that your Contributions infringe any rights of any third party, you shall, at your own expense and at our discretion, either obtain the right to use such Contribution or render such Contribution free of any infringement.

17. Language Conflict

These Terms are in the English language. If these Terms are translated into any language other than English, the English language text shall prevail in the event of a conflict or difference between the English version and the translated version.

Conflicting terms and conditions, including potential terms and conditions of users, are herewith explicitly rejected. They only apply if IDL has expressly and in written form agreed to them.
In particular, the mere omission of a rejection on the part of IDL regarding other terms and conditions does not imply that these were agreed upon.

18. Waiver

If we fail to insist upon strict performance of any of your obligations under any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute
a waiver of any subsequent default. No waiver by us of any of your obligations under these Terms shall be effective unless it is expressly stated to be a waiver and is communicated
to you in writing in accordance with Notices clause above.

19. Severability

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

20. Entire Agreement

These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Both you and us acknowledge that neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us except as expressly stated in these Terms.

21. Jurisdiction and Applicable Law

The Irish courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. These Terms are governed by Irish law.

22. Information About Us

If you have any questions about the above Terms or the use of the Site, please contact us at concierge@midletonwhiskey.com

Thank you for visiting our Site.