Terms and Conditions
THE FOLLOWING TERMS AND CONDITIONS APPLY TO USERS, VIEWERS AND ALL PEOPLE WHO HAVE ACCESS TO www.jamesonwhiskey.com (SITE). BY 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.
THE SITE IS OPERATED BY WATERCOURSE DISTILLERY LIMITED (WATERCOURSE), A PRIVATE COMPANY REGISTERED IN IRELAND WITH COMPANY NUMBER 15558 AND REGISTERED OFFICE OF SIMMONSCOURT HOUSE, SIMMONSCOURT ROAD, BALLSBRIDGE, DUBLIN 4. WATERCOURSE IS PART OF THE IRISH DISTILLERS GROUP OF COMPANIES (IDL).
1. YOU MUST BE OF LEGAL DRINKING AGE TO USE THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.
2. RESTRICTIONS ON USE. 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. Watercourse will not be liable if for any reason the Site is unavailable at any time or for any period. Material from the Site may not be modified, copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Watercourse. Watercourse 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 the Site; rather, all rights, title and interest in and to all aspects of the Site remain the property of Watercourse. Material on the Site is provided for lawful purposes only.
3. RESTRICTION OF LIABILITY. Under no circumstances shall Watercourse to the extent permitted by law 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 Watercourse 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 on the Site or sites "hot-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 exclude Watercourse’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 the 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, WATERCOURSE 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. WATERCOURSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS THAT USE OF THE 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. WATERCOURSE 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 WATERCOURSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
4. SUBMISSIONS. All remarks, suggestions, ideas, creative concepts, graphics, or other information communicated through this Site or otherwise sent to Watercourse, including without limitation, product or advertising ideas, (collectively the Submissions) will forever be the property of and owned by Watercourse. You hereby assign all right, title and interest in Submissions to Watercourse. Without prejudice to the foregoing, you hereby grant Watercourse and its successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive licence to reproduce, modify, adapt and otherwise use (in whole or in part) Submissions for any purpose, commercial or otherwise, and you hereby waive any moral rights and similar rights in the Submissions. Submissions will not be confidential, and Watercourse has the right to use, copy, distribute and disclose to third parties all Submissions. Watercourse will not be liable for any use whatsoever or disclosure of the Submission, and need not provide any compensation or acknowledgement for the Submission. Without limitation, Watercourse will have exclusive ownership of all present and future existing rights to Submissions of every kind and nature anywhere. You agree not to submit any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or other material that could constitute or encourage criminal or unlawful conduct. You acknowledge that you are responsible for whatever Submission you send, and that you, not Watercourse, have full responsibility for the Submission, including its legality, reliability, and originality. Watercourse reserves the right to alter or amend any material submitted by users and competition entrants, prior to publication, so that any unsuitable language or any inappropriate references to named persons, are deleted.
5. JURISDICTION. 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. Except as described otherwise, all materials in this Site are made available only to provide information about Watercourse, which 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 brands used herein are owned by IDL – a list of those trademarks can be obtained from [Note: insert correct name/ title], Watercourse Distillery Limited, 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. Watercourse processes information about you in accordance with its Privacy Statement [Note: insert link to Privacy Statement]. By using the Site, you consent to such processing and you warrant that all information provided by you is accurate.
If you are purchasing tickets on the Site to The Old Jameson Distillery please read our Terms and Conditions of Sale [Note: insert link to T&C’s of Sale].
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 unauthorised access to the Site, the service on which the Site is stored 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. Watercourse 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 on any website linked to it.