Terms & Conditions

The following Terms and Conditions apply to users, viewers and all people who access this site www.lordelcho.com. Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. These Terms and Conditions are issued by Wemyss Vintage Malts Ltd.

TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.

Introduction

1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.

2. The Company may revise these Terms and Conditions at any time by updating this posting.

Intellectual Property

3. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website (including without limitation trade marks, designs, logos, text, images, audio and video materials and bottle designs) are owned or licensed by the Company.

4. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.

5. Without limitation, the trademarks and all related logos, labels, bottle designs and all other intellectual property associated with the brand Wemyss Malts are owned by the Company.

6. Any rights not expressly granted in these Terms and Conditions are reserved.

Service Access & Acceptable Use

7. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.

8. Without prejudice to Clause 7, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.

9. You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms and Conditions.

10. 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 effect;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
  • to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).

Submissions

11. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post to the Website (including remarks, suggestions, ideas, creative concepts, graphics or other information communicated through the Website) shall be considered non-confidential and non-proprietary. The Company shall have no obligations with respect to such material. The Company and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

Links to Other Websites

12. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.

Restriction on Liability

13. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).

14. Subject to Clause 15, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company's group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.

15. Nothing in these Terms and Conditions shall limit the Company's liability for:

  • death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot be excluded or limited by law.

Governing Law & Juristriction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.

Lord Elcho