Terms & conditions
Please note that by using this website (Site) or our mobile applications, you accept these Terms. If you do not accept these Terms, do not use this Site. We may change these Terms from time to time, so you should review them each time that you visit the Site. You should print a copy of these Terms for future reference.
1. About us
1.1. This Site is operated by Elixir House Limited, a company registered in England under company number 4449145 with a registered office at Whitby Avenue, Park Royal, London NW10 7SF. You can contact us at [email protected]
2. Using our Site
2.1. You may view (and, where applicable listen to) the content available on the Site for personal non-commercial use. You may occasionally print individual webpages on the Site for your private non-commercial use, provided that such printing is not substantial or systematic and our trademarks and copyright and trademark notices are not removed.
2.2. Unless otherwise stated in these Terms, you must not (whether directly or indirectly) copy, download, store, make available, distribute, sell or offer to sell all or any part of the content or Site, or download or otherwise copy (whether directly or indirectly) any content, files or data from the Site to make or populate a database or publication of any kind whatsoever. If you require any further information on permitted use, or a licence to re publish any part of the Site (or any Content), please email us at [email protected]
2.3. You must not use all or any part of our Site or the contents on it for commercial purposes without our permission.
3. Your content - what we are allowed to do
3.1. We may publish, check, edit or remove all or part of material, including your name, town and country, which you submit to us, at our sole discretion. We are not obliged to do any of these things and we may not.
3.2. You retain any copyright you may have in your content. By submitting material to us, you grant us a royalty-free, perpetual, irrevocable, non-exclusive worldwide licence to use, copy, edit, adapt, publish, translate, create derivative works from, make available, communicate and distribute your content (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. By submitting your content, you warrant that you have the right to grant this licence. The licence is capable of sub-license by us to other entities and brands in our group of companies (including, without limitation, The Whisky Exchange, Whisky.Auction, ABV Global).
3.3. To the extent permitted by law, you waive your moral rights (eg the right to be identified as author or to object to derogatory treatment) in your content.
This clause 4 means, for example (without limitation), that we can:
- Continue to publish all or part of your content, including your name, town and country, even if you change your mind and want us to remove it;
- Remove your content, even if you have not breached these terms or our house rules;
- Use all or part of your content in promoting our products and services;
- Edit your content, which may result in a part of it being modified and displayed, including without your name.
4. Your content - what you are not allowed to do
4.1. You must not submit any material to our Site that:
(i) defamatory, malicious, threatening, false, misleading, offensive, abusive, discriminatory, harassing, blasphemous or racist,
(ii) indecent, obscene or of a sexual nature,
(iii) a breach of confidentiality or someone's privacy;
(b) could prejudice any active legal proceedings of which you are aware;
(c) is likely to:
(i) cause someone alarm, anxiety or distress;
(ii) encourage violence or racial or religious hatred;
(d) infringes any intellectual property rights, such as copyright and trade marks. This means generally that you must own the rights in everything you submit or must obtain permission from the rights owner to submit the material;
(e) is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software, harmful data or conduct);
(f) advertises any product or services;
(g) impersonates anyone else or otherwise misrepresents your identity, affiliation or status;
(i) is, encourages or teaches conduct that is a criminal offence, gives rise to civil liability, or is otherwise unlawful;
4.2. You must not try to get round any protections we put in place for the security and operation of the Site.
5. Third party content and links available on this Site
5.1. We are not liable or responsible for the third party content on this Site. Third party content includes, for example, the content of advertisements.
5.2. Where this Site contains links to other sites and resources, which are provided by third parties, these links and resources are provided for your information only and you access them at your own risk. We are not liable or responsible for the content of third party sites or resources.
If you see something which you reasonably believe breaches these terms, please contact us on [email protected]
6. Your personal information
7. Our liability
7.1. The information contained on this Site is for information purposes only and does not constitute advice. You should check any information on the Site and use your own judgment before doing or not doing anything on the basis of what you see. We give no warranties of any kind in relation to the Site or its contents.
7.2. Except for liability for fraudulent misrepresentation, we are not liable for:
(a) any action you may take as a result of relying on any information provided on this Site or for any loss or damage suffered by you as a result of you taking this action;
(b) any dealings you have with third parties (e.g. other users, advertisers or promoters) that take place using or facilitated by the Site;
(c) any liability for losses which are not a foreseeable or likely consequence of (i) your use of the Site, or (ii) a breach of these Terms.
7.3. We are not responsible if you cannot access the Site properly or at all because of any event outside our control, for example (without limitation) the performance of your or our ISP, your browser or the Internet.
7.4. The Site relies in part on software to work. Software has bugs. Whilst we will monitor the Site and try to fix bugs, we cannot guarantee that the Site or any individual feature of the Site will be error free, available all the time and/or free from viruses.
7.5. However, nothing in these Terms will affect any liability we may have for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited by law.
8. Maintenance of the Site
8.1. Making your use of the Site enjoyable means we need to fix bugs, install updates and do general diagnosis and maintenance of the Site. We will try to do scheduled maintenance during times when we anticipate that online use is lower than normal.
8.2. We also need to be able to do emergency maintenance and/or suspend access to the servers where, in our reasonable discretion, we see the need to do that. We will try to have the Site available again as soon as we think it is safe to do so.
9. Validity of these Terms
9.1. If any part or provision of these Terms is found to be unlawful or unenforceable, this shall not affect the validity of any other part or provision.
10. Jurisdiction and applicable law
10.1. These Terms are governed by English law. The English courts shall have exclusive jurisdiction over any dispute relating to these Terms.