Terms and conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO USERS, VIEWERS AND ALL PEOPLE WHO HAVE ACCESS TO (THIS “SITE”). BY WWW.POWERSWHISKEY.COM/IE USING OR VIEWING THIS SITE, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THIS SITE. ANY ACCESS OR USE OF THIS WEBSITE IS UNDERTAKEN AT THE USER’S OWN RISK.
This site is operated by Irish Distillers Limited (“IDL” or “We”), a private company registered in Ireland with company number 23732 and having its registered office at Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland. Please contact [email protected] with any concerns you might have in relation to this site or these terms and conditions.
1. YOU MUST BE OF LEGAL DRINKING AGE IN YOUR COUNTRY OF RESIDENCE TO USE THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.
2. RESTRICTIONS ON USE.
Access to this Site is permitted on a temporary basis and we reserve the right to withdraw, suspend or amend the services we provide on the Site without notice. This Site changes and is updated regularly and IDL will not be liable if for any reason the Site or any materials on it are unavailable at any time or for any period. Material from this Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or
transmitted in any way without the prior written consent of IDL. IDL is the owner or licensee of all intellectual property rights in the Site and in material published on it. All such rights are reserved. Neither title nor intellectual property rights are transferred to you by use of or access to this Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of IDL. Material on this Site is provided for lawful purposes only.
3. RESTRICTION OF LIABILITY.
To the extent permitted by law, under no circumstances shall IDL be liable for any loss or damages whatsoever (including, but not limited to direct, incidental, consequential, or indirect loss, including lost profits, loss of income or revenue, loss of goodwill, business interruption or loss of data or information or special or punitive damages, even if IDL was notified in advance of the potential of such loss or damages), harm, or injury howsoever arising, and whether caused by tort, breach of contract or otherwise, that relate to, arise out of, or result from the use of, or access to, or the inability to use the Site, any of the materials of this Site or sites linked to this Site, or are caused by any failure of performance, error, omission, interruption, defect, delay in operational transmission, computer virus or line failure. Nothing in these Terms and Conditions excludes IDL’s liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any liability which cannot be excluded or limited under applicable law. THE MATERIAL ON THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS SITE ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, WITHOUT WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED (WHETHER BY STATUTE, COMMON LAW, COURSE OF DEALING, TRADE USAGE OR OTHERWISE). TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, IDL DISCLAIMS ALL LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IDL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT THE USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IDL DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY REGARDING USE OF OR RELIANCE UPON INFORMATION CONTAINED IN THIS SITE IN TERMS OF ITS ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT IDL) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
By submitting any remarks, suggestions, questions, ideas, creative concepts, graphics, or other information (collectively the “Submission”), you agree to grant IDL a non-exclusive license to use that Submission. Although you will still own the copyright in your Submission, IDL will have the right to freely use, edit, alter, reproduce, publish and/or distribute the material contained in your Submission. This license will be free of charge, perpetual and capable of sub-license. IDL will not be required to treat the Submission as confidential, and will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. IDL may exercise all copyright and publicity rights in the material contained in your Submission in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You must ensure that your Submission does not infringe any copyright, database right, trade mark or other intellectual property right of any other person and that it does not contain any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material that could constitute or encourage criminal or unlawful conduct or would tend to encourage or promote irresponsible alcohol consumption (collectively the “Inappropriate Material”). By submitting your Submission, you are warranting that you have the right to grant IDL the non-exclusive copyright license described above and that it does not contain any Inappropriate Material. If you are not in a position to grant such a license or to warrant that it does not contain Inappropriate Material, please do not submit the Submission. IDL reserves the right to alter or amend any Submission prior to publication (if any) so that any Inappropriate Material is deleted.
This agreement shall be governed in accordance with the laws of Ireland, notwithstanding any principles of conflicts of law. Any dispute arising from these Terms and Conditions will be submitted to the exclusive jurisdiction of the Irish courts, although this does not affect IDL’s right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. Except as described otherwise, all materials in this Site are made available only to provide information about IDL and its products. IDL controls and operates this Site from the Republic of Ireland and makes no representation that these materials are appropriate or available for use in other locations.
6. TRADEMARK INFORMATION.
All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with IDL’s products and brands used herein are owned by Irish Distillers – a list of those trademarks can be obtained from the Internet Manager, Irish Distillers Ltd. Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland. The use or misuse of these trademarks or any content of this Site, except as provided above, is strictly prohibited. All other trademarks are the property of the respective trademark owners.
7. INFORMATION ABOUT YOU AND YOUR VISIT TO THE SITE.
IDL processes information about you in accordance with its Privacy Statement, which is available here. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate and up-to-date.
8. VIRUSES, HACKING AND OTHER OFFENCES.
You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site, the service on which the Site is stored and/or hosted or any server, computer or database connected to the Site. You must not attack this site via a denial-of-service attack or a distributed denial-of-service attack or by any like means. IDL 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 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 any website linked to it.
Products and promotions of IDL are produced and available in many parts of the world. However, this Site may describe products, promotions or contests that are not available in your country or state of domicile. This Site may be linked with other sites and IDL is not responsible for the content of those sites. The inclusion of any link to any other site is provided for information purposes only and does not imply endorsement by IDL of the sites and IDL does not make any representation or warranties about any such sites. Failure by IDL to enforce any right under these Terms and Conditions or any part of them shall not constitute a waiver of such a right or part of these Terms and Conditions. If any part of these Terms and Conditions is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity of any remaining provisions. IDL can revise these Terms and Conditions or the content of the Site at any time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Thank you for visiting our site.
Please enjoy our products responsibly.
All rights reserved.
Irish Distillers Limited – Registered in Ireland – Number 23732 – Registered office: Simmonscourt House, Simmonscourt Road, Ballsbridge, Dublin 4, Ireland.