Gordon & MacPhail logo Terms & Conditions Welcome to the website of Gordon & MacPhail - the world's leading malt whisky specialist. Below are some details about our website (www.gordonandmacphail.com) (our site), which set out how you can use it. We have tried to keep them as short as possible, but by entering the site you are deemed to have accepted these terms and conditions, so please take a few moments to read through them. We will update the contents of this website from time to time so we suggest you check these terms and conditions regularly. We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. As our site is about malt whisky, an alcoholic drink, there are some restrictions on who can use this site as follows:- 1. to access the site you must be old enough to buy alcohol in the country in which you are resident or from which you access this site; and 2. you must be legally entitled to use this site in the country in which you are resident or are accessing this site. The laws of some countries prohibit their residents from using sites like ours so please check if you are unsure whether this applies to you before proceeding. Though it goes against our natural Scottish hospitality, we are afraid that if you fall within either of these restricted groups, we have to ask you to please leave our site now. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them. By entering this site and accepting these terms and conditions, you agree to indemnify us against any loss, injury, fines, costs and expenses incurred by us as a result of your viewing or use of this site. If you do not agree with these terms, you must not use our site. Who we are and where you can find us Gordon & MacPhail is a trading name of Speymalt Whisky Distributors Limited. Our head office is at: George House, Boroughbriggs Road, Elgin, Moray, Scotland, IV30 1JY. Our UK telephone number is: 01343 545 111 (fax: 01343 540 155) Our VAT number is: GB266070562 Speymalt Whisky Distributors Limited is a limited company registered in Scotland with company number SC37522. Our registered office is the Elgin office noted above. We are happy to hear from you in person if you happen to be in our neighbourhood, or if you prefer more modern methods of getting in touch, please address your e-mails to: info@gordonandmacphail.com We own, or have permission to use, everything on this site, including the pictures, photographs, all the text, and the underlying software code. Though we are happy for you to visit this site as often as you like, you will not obtain any rights in any of the materials you find on it, and you may not copy or use these materials except as expressly provided for in these terms and conditions of use. If you wish to use any of the images or text contained on this site, please contact us at info@gordonandmacphail.com for permission. We hope you will enjoy learning about the wonders of whisky, as well as about our own history and plans, through using this site. We are happy for you to print hard copies of, and may download extracts of, any pages from our site, provided it is for your personal, non-commercial use. All other copying or downloading is prohibited and all other rights are reserved. The name "Gordon & MacPhail" is a registered trademark owned exclusively by Speymalt Whisky Distributors Limited meaning any reproduction or use of it is prohibited. This prohibition also applies to all other trade marks, names, logos and images you will see on the site and on our products irrespective of whether these trade marks, names, logos and images are owned by us or by a third party. Linking to this site You may create a link to the home page of this site with our prior express consent. We welcome hearing from you if you wish to create such a link. Please contact us at info@gordonandmacphail.com for permission. If you do create a link to a page of this site you do so at your own risk and the exclusions and limitations set out in these terms and conditions of use will apply to your use of this site by linking to it. We reserve the right to withdraw any permission granted to link to this site. Security If you choose or are provided with a user name, password or any other piece of information as part of our site security procedures, you must treat that information as confidential and not disclose it to any third party. We reserve the right to disable any user name or password if you fail to comply with these terms and conditions. Contributing material to our site Whenever you make use of a feature that allows you to contribute material to our site, or make contact with other users of our site, you must not transmit any material: • that is threatening, defamatory, obscene, indecent, fraudulent, offensive, pornographic, abusive, liable to incite racial or religious hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance, inconvenience or needless anxiety; or • for which you have not obtained all necessary licences and/or approvals; or • which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or • which is technically harmful or causes our site to be technically interrupted or rendered less efficient or such that the effectiveness or functionality of our site is in any way impaired. We have the right to remove fom our site any material contributed by you. We have the right to disclose your identity to any third party who claims that any material transmitted to our site by you amounts to a violation of their intellectual proeprty rights or rights to privacy. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but, by accepting these terms, you agree to grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties. Any information or materials uploaded to our site by other users of the site has not been verified or approved by us. The views expressed by other users on our site do not represent our views or values. Use of our copyrighted materials 1. Definitions and interpretation 1.1 In these Conditions:- “G&M” means Speymalt Whisky Distributors Limited, a Scottish company with company number SC37522 and having its registered office at George House, Boroughbriggs Road, Elgin IV30 1JY, trading as GORDON & MACPHAIL; “Licence” means a revocable non-exclusive non-transferrable licence (without any right to sub-licence) granted to Licensee on the Relevant Date to use the Materials in the Territory for the Purpose during the Licence Period; “Licensee” means the person, firm, company, association, club or other organisation or entity who receives the Materials from G&M for the Purpose; “Licence Period” means the period during which Licensee is permitted to use the Materials, as specified in writing by G&M (or if not so specified, the period between the Relevant Date and the effective date of termination of the Licence); “Materials” means the images and any other materials provided by G&M to Licensee for the Purpose; “Purpose” means the advertisement by Licensee of goods sold by G&M or its duly licensed distributors; “Relevant Date” means the date on which the Materials are received by Licensee; “Territory” means the geographical area in which Licensee is permitted to use the Materials, as specified in writing by G&M (or, if not so specified, the United Kingdom); and 1.2 Unless the context otherwise requires:- (a) words importing the singular only shall include the plural and vice versa; (b) references to natural persons shall include legal persons; (c) words importing any gender shall include every gender; (d) reference to any statute or statutory provision shall include a reference to the statute or statutory provision as from time to time amended, extended or re-enacted, and any order or instrument made thereunder; and (e) headings are for convenience only and shall not affect the interpretation of this Licence. 2. The Licence 2.1. G&M is the beneficial owner of copyright in the Materials and grants the Licence to Licensee subject strictly to these Conditions and to the exclusion of any other terms and conditions. Unless Licensee accepts these Conditions without amendment, Licensee may make no use of the Materials. 2.2. Licensee is deemed to have notice of and to accept these Conditions on acceptance of the Materials or (if earlier), upon Licensee putting into use any of the Materials. 2.3. G&M may request, based on reasonable objections, the removal of, or editorial revisions to, any of the content of the Materials. Licensee agrees to take appropriate remedial action with respect to any such request within 72 hours of receipt of such request. 3. Restrictions on use of Materials 3.1. Licensee agrees to use the Materials exclusively for the Purpose, and for no other purpose whatsoever. 3.2. Without limitation to condition 1 above, Licensee shall not use the Materials (or permit the Materials to be used):- (a) for any purpose which is immoral, illegal, defamatory or which G&M concludes may lead to G&M (or any of its suppliers, employees or agents) being brought into disrepute; (b) in any way to damage, diminish or misappropriate the goodwill of G&M; or (c) to criticise, lampoon or attack the reputation or activities of G&M or any of its suppliers, employees or agents. 3.3. Whenever Licensee uses the Materials such use shall be accompanied the notice “© Speymalt Whisky Distributors Limited”, or such other copyright notice as may be specified by G&M. 3.4. Licensee shall not use the Materials on or in relation to any website or on any social media platform or software application without the express prior written consent of G&M, which consent may be granted subject to further conditions, with which Licensee shall comply. In the event of such consent being given by G&M, any use of the Materials on any website or social media platform or software application by Licensee must not give the impression to third parties that the website or social media account or software application concerned is a website or a social media account of G&M. 3.5. Licensee shall promptly provide G&M with any information requested by G&M regarding Licensee’s use of the Materials, including (without limitation) samples of the use of the Materials, at no cost to G&M. 4. Acknowledgements by Licensee 4.1 Licensee agrees and acknowledges that subject to the Licence, all rights to the Materials are reserved to G&M and Licensee accepts that all trade marks, names, logos, designs, symbols, emblems, domain name registrations, insignia, slogans, copyrights, know-how and all other intellectual property rights in connection with the Materials belong absolutely to G&M. 4.2. Licensee shall not register or seek to register the licence of rights granted by these Conditions. Licensee will do nothing (whether by omission or commission) to affect, endanger, prejudice or threaten the validity of any intellectual property rights arising in the Materials (including without limitation any registration of any part of such intellectual property rights which may be applied for by G&M.) 4.3. Licensee understands and agrees that the exercise of the Licence is subject to all applicable laws, enactments, regulations, codes of practice and other similar instruments in the Territory (including, without limitation, all applicable local laws relating to advertising, broadcasting, health and safety and telecommunications), and that Licensee shall at all times be solely liable and responsible for compliance with all such applicable laws, enactments, regulations, codes of practice and other similar instruments. Licensee will obtain at its own expense all third party licences, permits and consents necessary for Licensee’s use of the Materials. 5. Translations and Modified Versions 5.1. Licensee is permitted to translate the Materials from the English language into the official language or languages of the Territory 5.2. Licensee is permitted to reduce or enlarge (but for the avoidance of doubt not to distort) the Materials; to convert the Materials from colour copy into monochrome copy and vice versa; and to convert the Materials from electronic copy to hard copy and vice versa. 5.3. Subject to condition 2, Licensee shall use the Materials without any alteration or amendment unless the alteration or amendment has been expressly approved in advance in writing by G&M. 5.4. Licensee shall notify G&M promptly after the creation of any Translations or Modified Versions and shall provide copies of them to G&M. 5.5. Licensee hereby absolutely assigns to G&M all the copyright and all other rights of a like nature in the Translations and the Modified Versions conferred under the laws of the United Kingdom and all other countries of the world in which copyright in the Translations and the Modified Versions subsists. 5.6. Licensee warrants to G&M that no rights in respect of the Translations and the Modified Versions have or shall be granted by Licensee to any third party. 5.7. Upon their assignation to G&M pursuant to condition 5, the Translations and the Modified Versions shall be deemed to be incorporated into and shall become part of the Materials and accordingly shall become subject to the terms of the Licence. 5.8 Licensee agrees that G&M, its licensees and successors whomsoever are not required to incorporate an acknowledgement of Licensee’s authorship in respect of the Translations and the Modified Versions and may from time to time modify the Translations and the Modified Versions in such a matter as they in their sole and absolute discretion see fit. 6. Electronic access to Materials If Licensee is provided with access to the Materials by G&M via any website or electronic portal then Licensee shall comply with the terms and conditions of use of any such website or electronic portal. Licensee shall treat any user identification code, password or any other piece of security information for such website or electronic portal as confidential and shall not disclose it to any third party. G&M shall have the right to disable access to any such website or electronic portal at any time without notice. 7. Infringement 7.1. Licensee shall immediately notify G&M in writing giving full particulars if any of the following matters come to its attention: (a) any actual, suspected or threatened infringement of the copyright or other intellectual property rights in the Materials; (b) any claim made or threatened that the Materials infringe the rights of any third party; or (c) any other form of attack, charge or claim to which the copyright or other intellectual property rights in the Materials may be subject. 7.2. In respect of any of the matters listed in condition 1: (a) G&M shall, at its absolute discretion, decide what action to take, if any; (b) G&M shall have exclusive control over, and conduct of, all claims and proceedings; (c) Licensee shall not make any admissions other than to G&M and shall provide G&M with all assistance that it may reasonably require in the conduct of any claims or proceedings; and (d) G&M shall bear the cost of any proceedings and shall be entitled to retain all sums recovered in any action for its own account. Licensee shall not be entitled to bring any action for infringement of the copyright or other intellectual property rights in the Materials under section 101A of the Copyright, Designs and Patents Act 1988 (or equivalent legislation in any jurisdiction). 8. No warranty and exclusion of liability 8.1. Licensee acknowledges that G&M grants no warranties and makes no representations whatsoever about the Materials, including without limitation the origin, ownership, title, use, fitness or suitability for any purpose, characteristics or accuracy of the Materials. All warranties as to the Materials, whether statutory or implied are hereby expressly excluded to the fullest extent permitted by law. 8.2. Subject to condition 3, in no event shall G&M be liable for any loss (including without limitation loss of profits, loss of revenue, consequential or indirect loss), claim, injury, damage, costs or expenses incurred by Licensee arising directly or indirectly from the grant of the Licence or from Licensee’s use of the Materials. 8.3. Nothing in these Conditions or the Licence shall have the effect of excluding or limiting any liability for death or personal injury caused by negligence or for fraud or for any matter in respect of which it would be illegal for G&M to exclude or limit or attempt to exclude or limit its liability. 9. Indemnity Licensee hereby agrees (notwithstanding termination of the Licence) to fully indemnify and keep fully indemnified G&M, its employees and agents, against any and all claims, liabilities, actions, proceedings, costs, expenses, losses, damages and demands arising out of or resulting from any use of the Materials by Licensee, or any breach by Licensee of its obligations under these Conditions. 10. Termination of licence G&M shall be entitled in its sole discretion at any time, and without any liability whatsoever to Licensee, to terminate the Licence by giving written notice to Licensee. 11. Return of Materials 11.1. On the request of G&M made at any time, Licensee shall deliver up to G&M all Materials, any copies thereof any other materials (in whatever medium) in possession, custody or control of Licensee that bear or incorporate any part of the Materials, or at G&M’s option Licensee shall destroy the same. On the request of G&M at any time, Licensee shall irrevocably delete and take down any Materials from any computer or any other electronic system or website or social media account or software application in the possession, custody or control of Licensee. 11.2. Licensee shall deliver to G&M on request a certificate signed by an authorised signatory of Licensee certifying that the provisions of condition 1 have been complied with. 12. General 12.1. If any provision of these Conditions is found by any court of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these Conditions and the remainder of such provision shall remain in full force and effect. 12.2. The Licence is the whole agreement between G&M and Licensee in relation to the licensing of rights in the Materials, and no amendment or variation of these Conditions shall be binding unless it is in self-proving writing signed on behalf of both parties. 12.3. No failure or delay by either party in enforcing any provision of these Conditions shall be construed as a waiver of any of its rights under these Conditions. Any waiver by either party of any breach of, or any default under, any provision of these Conditions the other shall not be deemed a waiver of any subsequent breach of or default and will in no way affect the other terms of these Conditions. 12.4. The Licence is personal to Licensee and it will not be entitled to sub-licence, assign, transfer or sub-contract any of its rights or obligations under these Conditions without G&M’s express prior written consent. 12.5. Except as expressly provided these Conditions shall not be construed as granting or confirming any rights or licences in respect of the Materials or relationships between G&M and Licensee. 12.6. Notices under these Conditions shall be sent by post, fax or email from one party to the other at the last known address, fax number or email address of the other and shall be deemed to have been received on the day immediately following the day of despatch without the need to prove actual delivery. 12.7. These Conditions shall be governed by and interpreted in accordance with Scots Law, and the parties hereby submit to the non-exclusive jurisdiction of the Scottish Courts. Viruses We are not responsible for viruses and you must not introduce them. We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. 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. 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 our site will cease immediately. Information about you Our Privacy Policy (http://gordonandmacphail.com/privacy-policy/) contains details of the information we will collect from you when you use our site. By entering our site and accepting these terms and conditions, you agree to accept the terms of our Privacy Policy. Cookies Our Cookie Policy (http://gordonandmacphail.com/cookie-policy/), sets out information about the cookies on our site. By entering our site and accepting these terms and conditions, you agree to accept the terms of our Cookie Policy. Our disclaimer We have tried our best to make sure that everything on our site is accurate, but we are only human and must admit there is a chance we might make a mistake. So everything, including materials, text, graphics, links or other items contained in this website, is provided "as is" and you use the site at your own risk. This means we offer no guarantees and accept no liability, express or implied, in respect of any errors, omissions or inaccuracies on the site, or its fitness for any particular purpose. We hope you like our site and will visit us often, and we will do our best to ensure it is always available to you, but we cannot guarantee constant and uninterrupted access to the site. Other than to the extent we are bound under law, we exclude any and all liability whatsoever for any errors or problems you experience due to technical faults or any loss, injury, damage, costs or expense you suffer because you visited our site, for example (but not by way of limitation) due to any computer viruses or any financial loss you may suffer as a result of relying on any inaccurate information you receive on this site. This does not affect any statutory rights which by law cannot be excluded by us. This website may contain links to other websites. These links do not imply any connection between ourselves and the website owners or operators, or any endorsements of these websites and we have no control over their content and are not liable in any way in respect of them. From time to time we may ask you to read other legal terms and conditions elsewhere from our site. Law and jurisdiction By entering our site and accepting these terms and conditions, you agree that the Laws of Scotland will govern these terms and conditions, and your use of the site. You also agree that the Scottish Courts will have exclusive jurisdiction over any dispute regarding these terms and conditions or your use of the site. So if you think this makes sense and are happy to carry on please confirm your acceptance by clicking in the box provided which will also act as confirmation to us that you meet the age and residency requirements of using this site and welcome to the world of Gordon & MacPhail's Malt Whisky. 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