Terms & Conditions
Terms & Conditions
By accessing, using or viewing the site - www.portmageewhiskey.com (the “Site”) you hereby agree to the following terms and conditions. In the event that you do not wish to agree to such terms and conditions, you should not proceed to access or use the Site and any access or use of the Site shall be undertaken at the user’s own risk.
This Site is operated by Portmagee Distilling and Brewing Company Ltd., a company registered in Ireland with company number 596732 and having its registered office at Portmagee Distilling and Brewing Company Ltd. Barrack Hill, Portmagee, Co. Kerry, Ireland and its affiliates (“We” or “our”). You may contact info@portmageewhiskey.com in the event of any concerns pertaining to the Site or these terms and conditions.
To proceed to access the Site, you must be of legal drinking age in your country of residence, if you are not, do not proceed to access or enter the Site. Access to the 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. The Site is updated regularly and Portmagee Distilling and Brewing Company Ltd shall not be liable in the event that the Site or any materials on it are unavailable at any time or for any period, for whatever reason. Any and all material, information, images or text from the Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Portmagee Distilling and Brewing Company Ltd. Portmagee Distilling and Brewing Company Ltd is the owner or licensee of all intellectual property rights in the Site and any material published thereon. The material on the Site is provided for lawful purposes only and all rights are reserved. No title or any intellectual property rights are transferred to you by use of or access to the Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Portmagee Distilling and Brewing Company Ltd.
Limitations on Liability
Portmagee Distilling and Brewing Company Ltd shall not be liable, to the extent permitted by law, 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 Portmagee Distilling and Brewing Company Ltd 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 the Site or sites linked to the 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 shall exclude Portmagee Distilling and Brewing Company Ltd’s from 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 materials published on the Site may from time to time include technical inaccuracies or typographical errors. These materials 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). Furthermore, Portmagee Distilling and Brewing Company Ltd disclaims all liability for negligence and all representations and warranties, expressed or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, to the fullest extent permissible by applicable laws, Portmagee Distilling and Brewing Company Ltd makes no warranties or representations that (a) the contents of the Site will be correct, accurate or reliable; (b) that use of the Site will be uninterrupted or error-free; or (c) that the Site or the server that makes it available are free of viruses or other harmful components. Portmagee Distilling and Brewing Company Ltd further makes no warranties or representations and expressly disclaims all liability and responsibility regarding use of or reliance upon information contained in the Site in terms of its accuracy, reliability or otherwise.
Creative Input
In the event that the user submits and suggestions, ideas, creative concepts, graphics or other information (“Creative Input”), this shall be deemed to vest in Portmagee Distilling and Brewing Company Ltd. a non-exclusive licence to use that Creative Input. The copyright in such Creative Input will be retained by you, however by virtue of your submission you agree to grant, Portmagee Distilling and Brewing Company Ltd. a free, perpetual and sub-licensable license to freely use, edit, alter, reproduce, publish and/or distribute the material contained in the Creative Input. Portmagee Distilling and Brewing Company Ltd. will not be bound by any confidentiality provisions relating to the said Creative Input nor shall it be required to provide any compensation or acknowledgement of same. Portmagee Distilling and Brewing Company Limited shall also not be liable for any use whatsoever or disclosure of the Creative Input and and may exercise its license with respect to the Creative Input in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. By submitting any Creative Input, you warrant that you have the right to grant Portmagee Distilling and Brewing Company Ltd. the non-exclusive copyright licence described above and that it does not contain any offensive or inappropriate material, in particular, it is your responsibility to ensure that the Creative Input 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, libellous, 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, and all liability in respect of same is borne by you. In the event of any doubt of the ability grant such a licence or to warrant the above, please do not submit any such Creative Input. Portmagee Distilling and Brewing Company Ltd. reserves the right to alter or amend any Submission prior to publication (if any) so that any offending material is removed.
Copyright Claims
In the event that you consider that the use of the materials or intellectual property on the Site is in violation of your copyright, please provide the following information, in writing, to the address first noted above:
- Your address, telephone number, and email address;
- Details of the alleged infringement noting where the alleged infringing material is located;
- A statement by you that you believe in good faith that the disputed use is not authorised by you, the copyright owner, its agent, or the law;
- A statement by you, made under the penalty of perjury, that the information outlined in such notice is accurate and that you are the copyright owner or otherwise authorized to act on behalf of the copyright owner’s behalf.
Trademarks
All trademarks and all related logos, designs, labels, bottle designs and all other intellectual property associated with Portmagee Whiskey’s products and brands used herein are owned by Portmagee Distilling and Brewing Company Ltd. – a list of those trademarks can be obtained by written request to Portmagee Distilling and Brewing Company Ltd. at the address first noted above. The use or misuse of these trademarks or any content of the Site, except as expressly set out in these terms and conditions, is strictly prohibited. All other trademarks are the property of the respective trademark owners.
Information Processing and Privacy Statement
Portmagee Distilling and Brewing Company Ltd. processes information about you in accordance with its Privacy Statement, which is available here. By using the Site, you consent to the processing of your information in this manner and warrant that any and all information provided by you is accurate and up to date.
Miscellaneous
The produce of Portmagee Distilling and Brewing Company Ltd. is available in a number of jurisdictions globally. The Site may from time to time describe products, promotions or contests that are not available in your country or state of domicile. Any sites linked through this Site are the responsibility of such site owners and Portmagee Distilling and Brewing Company Ltd. is not responsible for the content of those sites. The inclusion of any link to any other site shall not be deemed an endorsement thereof and is provided for information purposes only. Portmagee Distilling and Brewing Company Ltd. does not make any representation or warranties about any such sites. Failure by Portmagee Distilling and Brewing Company Ltd. 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. Portmagee Distilling and Brewing Company Ltd. can revise these Terms and Conditions or the content of the Site at any time by updating same.
Governing Law and Jurisdiction
This agreement shall be governed in accordance with the laws of Ireland. Any dispute arising from these Terms and Conditions will be submitted to the exclusive jurisdiction of the Irish courts, although this does not affect Portmagee Distilling and Brewing Company Ltd.’s right to bring proceedings against you for breach of these terms and conditions in your country of residence or any other relevant country. Portmagee Distilling and Brewing Company Ltd. is operated from the Republic of Ireland and controls and operates this Site from the Republic of Ireland and hereby makes no representation that these materials are appropriate or available for use in other jurisdictions.