Last Updated: 7 January 2019
Please carefully read these terms and conditions and ensure that you fully understand them before using this website.
These terms and conditions, together with any documents referred to herein (the "Terms") apply between Whisky Hunter ("Whisky Hunter") and yourself (the “Customer”) in respect of the provision by Whisky Hunter of the Services (as defined below) to the Customer.
1.1. Whisky Hunter operates the website https://whiskyhunter.net (the "Whisky Hunter Website"). A Customer may offer to purchase specific Services (as defined below) by clicking on the relevant link on https://whiskyhunter.net.
1.2. Whisky Hunter has developed certain services (the "Services") as further specified on the Plans Page regarding the Relevant Package which include, without limitation: (a) certain data and software services; (b) the Whisky Hunter Website, user interface and documentation as well as any programming fixes, modifications, enhancements, improvements, updates, additions, derivative works and related material; (c) data, that includes without limitation third party data, which is made available via the Whisky Hunter Website (the "Data").
1.4. By purchasing the Services, you acknowledge and agree to be bound by the Agreement. If you do not agree to the Agreement you must not use or access the Services.
2. Licence and Intellectual Property Rights
2.1. Whisky Hunter hereby grants to the Customer, for the duration of any period as set in the Confirmation Email (the "Subscription Term") a personal, limited, non-exclusive, revocable, non-sublicensable and non- transferable right to access and use the Services for domestic and/or internal business use only, subject to the Agreement. All rights not expressly granted to the Customer under the Agreement are reserved by Whisky Hunter (and/or its licensors).
2.2. The Customer must provide a named email address to setup and access their Whisky Hunter account. Prefixes aligned to departments or business units, e.g. 'admin@...' or 'accounts@...' are not permitted. The Customer's Whisky Hunter account is solely for their own use and login details/ licenses must not be shared, disclosed or used by any other party, either inside or outside of their organisation. The sharing or disclosure of login details will be deemed by Whisky Hunter to constitute a material breach of the terms of this Agreement.
2.3. The Customer agrees that the Services (and all related trademarks and service marks (whether registered or unregistered) are the sole property of Whisky Hunter and the Data is the sole property of Whisky Hunter or, where appropriate, its licensor and that it will not (without express written consent from Whisky Hunter ): (i) create derivative works based on the Services except to the extent such derivative works are an essential technical function of the Customer's use of the Services; (ii) reproduce the Services, sell or assign, license or disclose or otherwise transfer or make available the Services in any form to any third party; (iii) remove or alter any proprietary notices or marks on the Services; or (iv) copy, modify, reuse, disassemble, decompile, reverse compile, reverse engineer, frame, mirror or otherwise translate the Services or any portion thereof except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.
2.4. The Customer shall not under any circumstances: (i) use information from the Services to build a database for resale or for access by a third party in competition with Whisky Hunter ; (ii) authorise or, by failure to exercise commercially reasonable efforts to protect information from the Services in its possession, permit such information to be made available in any way to a third party that resells data in competition with Whisky Hunter .
2.5. Whisky Hunter (or its relevant licensors) shall own all right, title and interest, including but not limited to all intellectual property rights, in and to the Services. The Agreement is not a sale agreement and does not convey to the Customer any rights of ownership in or related to the Services. Whisky Hunter reserves the right to, at any time without prior notice, make modifications to the design, operational methods, specifications, systems, and other functions of the Services.
3. Representations and Warranties
3.1. The Customer represents and warrants that (i) it possesses the legal right and ability to enter into the Agreement; (ii) it is entering into this Agreement for business purposes only, i.e. it is not contracting as a ‘consumer’; (iii) it will at all times supply truthful and accurate information to Whisky Hunter and will not misrepresent itself to the public through its use of the Services (iv) neither the performance of its obligations under this Agreement nor the use of the Services will violate any applicable laws, rules or regulations of governments having jurisdiction or cause a breach of any agreements it has with any third parties or unreasonably interfere with other Whisky Hunter customers' use of Whisky Hunter services.
3.2. In the event of any breach of any of the foregoing warranties, in addition to any other remedies available at law or in equity, Whisky Hunter has the right, immediately on prior written notice, to suspend or terminate the Agreement and/or the Customer’s use of the Services.
3.3. The Customer agrees that it will use the Services only for lawful purposes and in accordance with the Agreement. In connection with the provision of or its use of the Services, the Customer will comply at all times with all applicable laws, rules and regulations including, without limitation, the Data Protection Act 1998.
3.4. The Customer shall not: (i) attempt to circumvent any security measures or technical limitations of the Services; (ii) use the Services in a way which harms the interests of Whisky Hunter , the Whisky Hunter Website, any of Whisky Hunter 's affiliates, the Services or other customers of Whisky Hunter (including, without limitation, by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful or by attacking the Whisky Hunter Website via a denial-of-service attack or a distributed denial-of-serve attack); (iii) forge headers or otherwise manipulate identifiers (including without limitation URLs) in order to disguise the origin of any Data transmitted through the Whisky Hunter Website; (iv) create an application that may be used to violate the Agreement or other site policy; (v) adversely affect Whisky Hunter or Whisky Hunter 's name, reputation, image or goodwill in connection with the Customer's use of the Services; and/or (vi) without express permission from Whisky Hunter , use manual or automated software, devices, scripts, robots or other means or processes to access, crawl, scrape, copy or duplicate any content on the website.
4. Nature of Services and Warranty Disclaimer
4.1. The content accessed through use of the Services is provided for general information only and is not intended to be used as the sole basis for any business decision. It is not intended to amount to advice (of any nature) on which the Customer should rely. The Customer must obtain professional or speciality advice before taking or refraining from any action on the back of content accessed through use of the Services.
4.2. To the maximum extent permitted by law and except as expressly set forth in the Agreement, Whisky Hunter expressly disclaims all warranties and representations with respect to the Services, whether express, implied, statutory or otherwise, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses or results from use of the Services, that the Services (or the Data) will meet specific requirements, that the Services will be available or uninterrupted, secure or free of software errors. The Customer acknowledges and agrees that the Services are provided on an "as is" basis and, to the maximum extent permitted by law, without any warranty of any kind and that the entire risk as to the quality and performance of the Services shall be borne by the Customer.
4.3. Whisky Hunter does not and cannot control the flow of information to or from Whisky Hunter 's network and other portions of the internet. Such flow depends in large part on the performance of internet services provided or controlled by third parties. At times actions or omissions of such third parties can impair or disrupt the Customer’s connection to the internet (or portions thereof). Whisky Hunter cannot guarantee such events will not occur. Accordingly, to the maximum extent permitted by law, Whisky Hunter disclaims any and all liability resulting from or related to such events.
4.4. Whisky Hunter will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect the Customer’s computer equipment, computer programs, data or other proprietary material due to the Customer’s use of the Services or to the Customer’s downloading of any content on the Whisky Hunter Website or Services, or on any website linked to the Whisky Hunter Website or Services.
4.5. Whisky Hunter will make reasonable commercial efforts to ensure content accessible through the Services is up to date and accurate. However, because Whisky Hunter obtains the content from a number of different sources (including information provided by the Customer) Whisky Hunter does not endorse, support, represent, warrant or guarantee the completeness, truthfulness, accuracy, or reliability of any content accessed or accessible using the Services. If the Customer does become aware of any inaccurate or incorrect content accessed or accessible using the Services (in particular pertaining to the Customer) the Customer should inform Whisky Hunter by email to firstname.lastname@example.org and Whisky Hunter will use its reasonable endeavours to investigate such concern and, where appropriate and possible, correct inaccurate data. Content relating to credit scores, in particular, is provided and generated by a third party source, should the Customer have any concerns as regards inaccurate or incorrect content in this regard the Customer should also contact Whisky Hunter at email@example.com and Whisky Hunter will use its reasonable endeavours to pass such concern onto the appropriate third party provider. The Customer understands that by using the Services, it may be exposed to content that might be inaccurate or deceptive. Under no circumstances (save as required by law) will Whisky Hunter be liable in any way for any content accessed, or any loss or damage of any kind incurred as a result of the accessing by the Customer of the Services.
4.6. Whisky Hunter assumes no responsibility for the content of websites linked on the Services. Such links should not be interpreted as endorsement by Whisky Hunter of those linked websites will not be liable for any loss or damage that may arise from the Customer’s use of them.
5.1. Neither Whisky Hunter nor the Customer shall, even after the expiration of the Agreement use or disclose to any third parties any Confidential Information which such party has received from the other. "Confidential Information" shall mean any information, technical, commercial or of any other kind, whether written, oral or in electronic form, except such information which is publicly known or which has come to the public knowledge in any other way than through breach of this secrecy undertaking, or has been: (i) independently developed without access to such party's Confidential Information; (ii) rightfully received from a third party; or (iii) required to be disclosed by law or by a governmental authority.
5.2. If you choose, or you are provided with, a login email address, user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
6. Third Party Claims
6.1. In the event that the Customer is notified by a third party that such party claims rights in the Services or that use of the Services infringes the rights of such third party, the Customer agrees to immediately notify Whisky Hunter and at Whisky Hunter ’s request to immediately cease to use the Services.
7. Limits on Liability
7.1. The Customer shall hold harmless and indemnify Whisky Hunter from and against any liability, costs (including without limitation any legal or other professional costs), expenses, losses, damages (including any direct, indirect or consequential losses, loss of profit, loss of business opportunity, loss of reputation), interest and penalties suffered or incurred by Whisky Hunter arising from or in any way related to: (i) its use of the Services (except to the extent such claims arise directly from a breach of applicable law by Whisky Hunter ); or (ii) its breach of the Agreement. In such a case, Whisky Hunter will provide that the Customer with written notice of such claim, suit or action.
7.2. In no event shall Whisky Hunter ’s aggregate liability under the Agreement exceed the value corresponding to three months’ use of the Services. In no event shall Whisky Hunter be liable under the Agreement for any indirect, special, incidental or consequential damage, including but not limited to, any damages for loss of profits or revenue by the Customer, any business interruption, any loss of anticipated savings, any loss of goodwill, opportunity or reputation, whether based in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable.
8.1. Without prejudice to the remainder of the Agreement or any remedies available at law or in equity, Whisky Hunter may immediately suspend or terminate the Customer’s use of the Services, without liability or refund, if: (i) any payment that the Customer owes to Whisky Hunter is declined, rejected or reversed for any reason whatsoever during the Subscription Term; and/or (ii) the Customer breaches any of the terms of the Agreement.
8.2. Either party shall be entitled to terminate the Agreement with immediate effect by serving written notice on the other party in the following circumstances: (i) if the other party commits a material breach of any of its obligations under the Agreement which is not capable of remedy; (ii) if the other party commits a material breach of any of its obligations under the Agreement which is not remedied within twenty-eight (28) days after receipt of a notice from the party not in breach specifying the breach, requiring its remedy and making clear that failure to remedy may result in termination; and/or (iii) (in the case of termination by Whisky Hunter only) if Whisky Hunter loses the right to distribute any Data or third party software or to provide the Services as contemplated by the Agreement.
8.3. The Agreement may be terminated by Whisky Hunter at any time upon it giving to the Customer no less than sixty (60) days' prior written notice of termination. If Whisky Hunter terminates the Agreement according to this paragraph during the Subscription Term, where the Customer has paid fees to Whisky Hunter in advance, Whisky Hunter will refund an appropriate pro-rata portion of the fees paid by the Customer for the remainder of such term.
8.4. Termination of the Agreement (or of any element of it) shall not affect any rights, obligations or liabilities of either party which have accrued before termination (including, without limitation, payment obligations) or which are expressly stated to continue to have effect beyond termination.
8.5. Upon termination of the Agreement, the Customer's access to the Services will cease and the Customer will take all commercially reasonable steps to permanently delete any copies of any Data or other material owned by Whisky Hunter from its electronic systems, except that the Customer may retain a copy of Data accessed by the Customer prior to the termination of the Agreement for archival and backup purposes, solely to the extent necessary to document the Customer's compliance with any applicable legal and contractual customer identification and "know-your-customer" obligations.
9.1. The Agreement represents the entire agreement between Whisky Hunter and the Customer relating to the subject matter hereof and supersedes all prior agreements, covenants, arrangements, communications, representations or warranties, whether oral or written, by any officer, agent, employee or representative of either of the parties as well as applicable non-mandatory local laws and international regulations.
9.2. Whisky Hunter reserves the right to modify or replace the terms and conditions of the Agreement or to change, suspend or discontinue the Services (or any part thereof) at any time. Whisky Hunter shall use reasonable efforts to give notice of any such modifications via the Whisky Hunter Website (the "Modification Notice") and accordingly, Whisky Hunter recommends that the Customer periodically checks the Terms and the Privacy and Cookies Policies as posted on the Whisky Hunter Website, for changes. In the event of any material modification of the Agreement by Whisky Hunter , the Customer shall have the right, within 10 days after the date of the Modification Notice or the effective date of the modifications (whichever is later), to terminate this Agreement upon written notice to Whisky Hunter . Continued use of the Services after any such notice period shall constitute acceptance by the Customer of these changes.
9.3. If any provision of the Agreement is held by any competent authority to be invalid or unenforceable in whole or in part then such provision shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision and the validity of the other provisions of the Agreement shall not be affected thereby.
9.4. Nothing in the Agreement shall create or confer any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the parties to the Agreement.
9.5. Nothing in the Agreement shall be construed as creating a partnership or joint venture of any kind between the parties or as constituting either party as the agent of the other party for any purpose whatsoever and neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose.
9.6. If either party fails to exercise a right or remedy that it has or which arises in relation to the Agreement, such failure shall not prevent that party from exercising that right or remedy subsequently in respect of that or any other incident.
9.7. A waiver of any breach or provision of the Agreement shall only be effective if it is made in writing and signed on behalf of the party who is waiving the breach or provision. Any waiver of a breach of any term of the Agreement shall not be deemed a waiver of any subsequent breach and shall not affect the enforceability of any other term of the Agreement.
9.8. It is a condition of the Agreement that neither of the parties shall be bound by, or liable to the other party for, any representation, promise or inducement (other than fraudulent misrepresentations) made by it or by any agent or person on its behalf which is not expressly contained in the Agreement.
9.9. The Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with the Agreement or its subject matter or formation (including non-contractual disputes or claims).
9.10. In the Agreement: (i) any reference to a statutory provision includes a reference to any modification or re-enactment of it from time to time; (ii) the singular includes the plural and vice versa; (iii) the headings are for ease of reference only and shall not affect the construction or interpretation of the Agreement; and (iv) wherever the words "including", "include", "includes" or "included" are used they shall be deemed to be followed by the words "without limitation" unless the context otherwise requires.