This Website is intended for use by you only if you are of legal age to purchase alcohol in your country of residence and in the country from which you are accessing the site. If you do not fall within this category, you may be in breach of laws or regulations applicable in your country of residence or in your country of access and you should leave the Website immediately.
This agreement applies as between you, the User of this Website and Daffy’s Gin, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
“Daffy’s Gin”/ “we” / “us” means Daffy’s Gin Limited, registered number SC484359, registered office at Strathmashie Distillery, Strathmashie, Newtonmore, Scotland, PH20 1BU;
“Registered Office” means Daffy’s Gin Limited, registered number SC484359, registered office at Strathmashie Distillery, Strathmashie, Newtonmore, Scotland, PH20 1BU;
“Service” means collectively any online facilities, tools, services or information that Daffy’s Gin makes available through the Website either now or in the future;
“System” means any online communications infrastructure that Daffy’s Gin makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities, blogs and email links;
“User” / “Users” / “you” means any third party that accesses the Website and is not employed by Daffy’s Gin and acting in the course of their employment; and
“Website” means the website that you are currently using www.daffysgin.com and any sub-domains of this site unless expressly excluded by their own terms and conditions.
2. Intellectual Property
2.1 Subject to the exceptions in Clause 3 of these Terms and Conditions, all Content included on the Website, including but not limited to those uploaded by Users, and any text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Daffy’s Gin, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2.2 Subject to Clause 4 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Daffy’s Gin.
3. Third Party Intellectual Property
3.1 Unless expressed otherwise, we are the owners of all trademarks, trade names, patents, copyrights, database rights and all other intellectual property rights appearing on or contained in this Website.
3.2 Subject to Clause 4 or you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by us.
You accept under these terms that any image or photo to be posted on this Website shall become the entire property of Daffy’s Gin and that all patrimonial rights vested in these images/photos shall be therefore automatically transferred to Daffy’s Gin. In addition, you agree that you shall not avail yourself of enforcing your moral rights vested in such images/photos.
All patrimonial rights pertaining on these images/photos shall be assigned worldwide to Daffy’s Gin and for the term of their legal protection. Daffy’s Gin can not be held responsible for any photos/images posted on the Website. It is therefore your responsibility to ensure that these photos/images are free of rights and that you are not infringing any intellectual property rights.
4. Fair Use of Intellectual Property
Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
5. Links to Other Websites
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Daffy’s Gin or that of our affiliates. We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
6. Links to this Website
Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.daffysgin.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Daffy’s Gin. To find out more please contact us by email at info@daffy’sgin.com.
7. Use of Communications Facilities
7.1 When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:
7.1.1 You must not use obscene or vulgar language;
7.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
7.1.3 You must not submit Content that is intended to promote or incite violence;
7.1.4 It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages;
7.1.6 You must not impersonate other people, particularly employees and representatives of Daffy’s Gin or our affiliates; and
7.1.7 You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.
7.2 You acknowledge that Daffy’s Gin reserves the right to monitor any and all communications made to us or using our System.
7.3 You acknowledge that Daffy’s Gin may retain copies of any and all communications made to us or using our System.
7.4 You acknowledge that any information you send to us through our System may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
7.5 In order to use the enquiry form and any other communication facility that may be added in the future on this Website, you are required to submit certain personal details. By continuing to use this Website you represent and warrant that:
7.5.1 Any information you submit is accurate and truthful; and
7.5.2 You will keep this information accurate and up-to-date.
7.6 We may or may not actively monitor use of, or content or materials posted on, our Systems. Similarly, we may or may not exercise editorial control over the content of any System. As a result, you may be exposed to content on our System that is inaccurate, fraudulent or deceptive or that you find offensive or objectionable. Your use of our Systems is at your own risk. The opinion expressed in our Systems are not necessarily ours. Any statements, advice and opinions made by participants are those of such participants only. We shall not be held responsible for any statements, advice, opinions or other content or materials on our System.
7.7 We reserve the right, but not the obligation, to monitor our Systems and to remove or alter any content which, in our sole discretion, constitutes a misuse there of these and may restrict, suspend or terminate your use of these services or the Website where we believe that there has been such a misuse.
7.8 Any content, information or material posted to our System ( “submissions” or “Postings”) will be deemed not to be confidential or secret. You understand that personal and other information (e.g. username, email address, phone number) that you post on or through our System is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. You should not include any personally identifiable about yourself or any other person in any posting. We reserve the right, but not the obligation, to remove any postings that contain personally identifiable information. We shall not be liable for the use or misuse of any information or data, including personal information that you post on our System.
7.9 You represent and warrant that your submissions and or Postings are original to you and no other parties have any right thereto.
9.1 Daffy’s Gin makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
9.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
9.3 Whilst every effort has been made to ensure that all graphical representations of products and / or descriptions of services available from Daffy’s Gin correspond to the actual products and / or services, Daffy’s Gin is not responsible for any variations from these descriptions.
9.4 Daffy’s Gin does not represent or warrant that such products and / or services will be available from us or our Registered Office. For this reason, please contact us prior to visiting if you wish to enquire as to the availability of any products and / or services. Any such enquiry does not give rise to any express or implied warranty that the products and / or services forming the subject matter of your enquiry will be available upon your arrival at our Registered Office.
9.5 All pricing information on the Website is correct at the time of going online. Daffy’s Gin reserves the right to change prices and alter or remove any special offers from time to time and as necessary. .
9.6 Whilst Daffy’s Gin uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.
10. Availability of the Website and Modifications
10.1 The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
10.2 Daffy’s Gin accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
10.3 Daffy’s Gin reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, the products and/or services available. These Terms and Conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
11. Limitation of Liability
11.1 To the maximum extent permitted by law, Daffy’s Gin accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
11.2 Whilst every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
12. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
13. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
14. Third Party Rights
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Daffy’s Gin.
15.1 All notices / communications shall be sent to us either by post to our Registered Office (see address above) or by email to firstname.lastname@example.org. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
15.2 Daffy’s Gin may from time to time send you information about our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from us.
16. Law and Jurisdiction
These terms and conditions and the relationship between you and Daffy’s Gin shall be governed by and construed in accordance with the Laws of Scotland and Daffy’s Gin and you agree to submit to the exclusive jurisdiction of the Scottish Court.