Terms of Use

Welcome to the Derwent Scotch Terms of Use. These Terms of Use provide assurance that we recognise and support the rights of responsible visitors and clients.

These Derwent Scotch Terms of Use (hereinafter “Terms”) contain important information regarding any rights, obligations, limitations, and exclusions, applicable to visitors and clients when accessing, browsing, or using this website.

The website derwentscotch.com (hereinafter “Site”) is owned and operated by Derwent Scotch. Derwent Scotch makes every effort to ensure that this Site, and any online Site initiatives, products, services, and content, maintain the highest standards possible. These Terms provide assurance that Derwent Scotch recognises and supports the rights of responsible visitors and clients.

For information about Derwent Scotch’s practices and policies regarding the types of information collected when accessing, browsing, or using this Site, how this information may be collected, how this information may be used, and who this information may be disclosed to, please visit Privacy Policy.

Acceptance

By accessing, browsing, or using this Site, you agree to be bound by these Terms and to comply with all applicable laws and regulations. By accepting these Terms devoid of limitation or qualification, an agreement exists between you and Derwent Scotch. If you do not agree to these Terms you should stop accessing, browsing, or using this Site immediately. These Terms constitute the entire agreement between you and Derwent Scotch, and supplant all and any prior agreements, warranties, and representations, arising from content, products, or services, provided through or by this Site.

The content, functionality, and material provided on this Site is protected by law including, but not limited to, Australia and international copyright laws, and international treaties. Derwent Scotch makes no representation that content, functionality, and material provided on this Site is appropriate or available for use in all locations, and access to such content, functionality, and material from locations where they are illegal is strictly prohibited. By accessing, browsing, or using this Site, visitors and clients are doing so at their own initiative and are responsible for compliance with applicable local laws.

Governing Law

Visitors and clients agree that any issue or dispute arising out of, or in connection with, their use of this Site, intellectual property, these Terms, the Derwent Scotch Privacy Policy, or any matter concerning Derwent Scotch, shall be governed by the laws of New South Wales, Australia.

Visitors and clients agree that any such issue or dispute shall be brought exclusively to the federal or local courts located in Sydney, Australia. If any provision within these Terms and the Derwent Scotch Privacy Policy is found by any court having jurisdiction to be invalid, all other valid provisions will remain in full force and will not be affected.

Indemnification

Visitors and clients agree to defend, indemnify, and hold harmless Derwent Scotch, its officers, directors, employees, or agents, from and against all damages, expenses, losses, costs, and any theory of liability, arising from the violation of this agreement or any activity related to the use of this Site. If any court having jurisdiction discards or excludes sections of this agreement, then any liability will be strictly limited to the fullest extent permitted by applicable law.

Warranty Disclaimer

The content, functionality, and material published on this Site is provided with the explicit understanding that Derwent Scotch is not herein engaged in rendering professional consulting, advisory, coaching, speaking, or services to you. The content, functionality, and material on this Site is provided “as is” and without any expressed or implied warranties of any kind, and should not be used, referenced, or relied upon, for making business, commercial, investment, personal, professional, or other decisions, or used as a substitute for professional consulting, advisory, coaching, speaking, or services.

Derwent Scotch assumes no responsibility or liability for any content errors or omissions on this Site, that any content errors or omissions will be corrected, or that this Site is free of viruses or any other harmful components. Derwent Scotch assumes no responsibility for any delays, failures, malfunctions, interruptions, losses, or damages, related to the delivery of content published on this Site.

Copyright

All content, functionality, and material published on this Site such as, but not limited to: text, press releases, publications, graphics, illustrations, logos, icons, images, scripts, and applications, is the exclusive property of Derwent Scotch or its licensors, and except as stated herein, may not be copied, distributed, reproduced, republished, displayed, downloaded, posted, or transmitted, in any way or form, without the prior written permission of Derwent Scotch, for any personal, non-personal, or commercial use.

Derwent Scotch hereby grants you permission to download, display, and print one copy of the content, functionality, and material published on this Site, on a single computer exclusively for your internal business use provided that you do not modify the downloaded content, functionality, and material, and that you retain all copyright and other proprietary notices contained within the Site content, functionality, and material.

Any third party trademarks, logos, symbols, legends, labels, notices, product names, or trade names featured on this Site, may be trademarks or registered trademarks of their respective owners, and may not be used for any purpose without the prior written permission of their respective owners. All rights not expressly granted are reserved.

By submitting any content, materials, and other information to Derwent Scotch, either by way of, but not limited to: public means such as bulletin boards and forums, or by way of non-public means such as email, surveys, and forms, visitors and clients agree to grant Derwent Scotch a non-exclusive, worldwide, royalty-free, and perpetual license, to this content, material, or information. Visitors and clients also agree that they shall not hold Derwent Scotch liable for alleged infringement, actual infringement, or misuse of any proprietary right, in communication to Derwent Scotch.

Age Restriction

Visitors and clients must be 13 years of age or older to access, browse, or use this Site in any manner. By accessing, browsing, or using this Site, or by agreeing to these Terms, visitors and clients represent and warrant to Derwent Scotch that they are 13 years of age or older, and that they have the right, authority, and capacity to agree to and abide by these Terms. Visitors and clients also represent and warrant to Derwent Scotch that they will use this Site in a manner consistent with any, and all, applicable laws and regulations.

Hyperlinks

Derwent Scotch may provide links to other websites or resources. Derwent Scotch has not reviewed these sites and is not responsible for the accuracy, content, privacy policies, or availability of information found on such websites or resources. Derwent Scotch strongly encourage visitors and clients to make whatever investigation they feel necessary or appropriate before proceeding with accessing, browsing, using, or transacting with any of these websites or resources. Derwent Scotch shall not be liable for any damages, including but not limited to: direct, indirect, incidental, consequential, or punitive damages, arising out of use of other websites or resources Derwent Scotch may provide links to.

User-Generated Content

User-generated content such as, but not limited to: ratings, reviews, and comments, published on this Site, any other websites, social media websites, or resources which Derwent Scotch participate in, do not necessarily reflect the opinions or ideals of Derwent Scotch, its officers, directors, employees, agents, or affiliates.

Derwent Scotch does not endorse, condone, represent, or warrant the accuracy or opinions of any user-generated content published on this Site, any other websites, social media websites, or resources which Derwent Scotch participate in, and is not responsible for any user-generated content appearing on this Site, any other websites, social media websites, or resources which Derwent Scotch participate in.

Any user-generated content is the sole responsibility of the person or persons who generated such content. While Derwent Scotch reserves the right to monitor, control, and remove any content deemed offensive, threatening, inaccurate, irrelevant, or legally violating, Derwent Scotch may not monitor, control, or remove any content, and assumes no responsibility or liability for any content on this Site, any other websites, social media websites, or resources which Derwent Scotch participate in.

Infringement Notices

Derwent Scotch prohibits the publication of any content, functionality, or material that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you feel that any content, functionality, or material published on this Site infringes your copyright or other intellectual property rights, you should notify Derwent Scotch immediately of your copyright infringement claim.

To notify Derwent Scotch of your copyright infringement claim, please Contact Us and select “Inquiry Type” > “Website & Technical” > “Website & Technical Type” > “Infringement Notice”, and provide the following: full name, physical mailing address, email address, daytime telephone number; date copyrighted work and/or intellectual property right claimed to have been infringed was first identified; identification and location of the copyrighted work and/or intellectual property right claimed to have been infringed; identification and location of the allegedly infringing content, functionality, or material on the Site that is requested to be removed; a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorised by the owner, its agent, or the law; a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorised to act on behalf of the owner of the right that is allegedly infringed; the signature of the intellectual property right owner or someone authorised on the owner’s behalf to assert infringement of the right; and an indication of the law, licence, or contract that you claim is being violated.

Upon receipt of your copyright infringement claim, Derwent Scotch will investigate your claim and remove any content deemed violating the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. Severe penalties may apply for submitting false infringement notices.

Changes to these Terms

There may be times when Derwent Scotch amend, modify, remove, or change various aspects of these Terms. Derwent Scotch strongly recommends that visitors and clients revisit these Terms periodically to ensure awareness of the current Terms. Continued use of this Site following any changes signifies acceptance of these changes. These Terms were last updated on January 19, 2017.

Please visit Contact Us for any inquiries relating to these Terms.

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