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, mentoring, 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, mentoring, speaking, or services.

Derwent Scotch offers no warranties pertaining to accuracy or efficacy of products and/or services. Visitors and clients are solely responsible for whatever use they may make of the content, functionality, and material published on this Site. Derwent Scotch reserves the right to change content, functionality, and material published on this Site without notice.

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 personal and/or 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 16 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 16 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 under 16 years of age require the consent of their parent or guardian to access, browse, or use this Site. 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.

Pricing

All prices on this Website are quoted in United States Dollars (USD). Orders will be processed in USD, and local currencies will be exchanged at market rates and at the discretion of the payment processor. Derwent Scotch reserves the right to change pricing without notice.

Delivery Instructions & Time Frames

Physical/tangible orders typically arrive within 10 business days from the purchase date. Due to customs and other regulatory bodies, this time frame may be extended. Orders will only be shipped if all items are in stock and any pre-orders or backorders will be shipped as soon as all items become available. Derwent Scotch will provide notification if any items are out of stock. Digital/online orders are typically delivered within 3 business days from the purchase date. Due to technical and/or other delays and unforeseen circumstances, this time frame may be extended.

Customs & Import Policies

It is the sole responsibility of visitors and customers to familiarise themselves with the customs regulations for their specific location before ordering. These regulations vary greatly by country and unfamiliarity with these may result in: extended order delivery delays, incurrence of prohibitive import duties and taxes and/or order confiscation. It is the sole responsibility of visitors and customers to check with their local customs to determine whether shipments of Derwent Scotch products are accepted.

Order Tracking

A shipping confirmation e-mail is sent when a physical/tangible order has been despatched. This e-mail may contain a unique website link that can be visited to track order delivery status. Due to variations in domestic and international postal and shipping services, functionality to track order status may not be available.

Refunds & Returns

For book publications Derwent Scotch offers a 365-day unconditional money-back guarantee, less shipping and handling fees, membership and joining fees, coupon discounts, and any applicable tariffs and taxes. A Refund Request must be submitted within 365 days of the purchase date and must include the following details: full name as it appears on the invoice, email address used to order, billing address, shipping address, telephone number, and order/receipt number.

For digital/online products and/or services Derwent Scotch offers a 30-day unconditional money-back guarantee, less shipping and handling fees, membership and joining fees, coupon discounts, and any applicable tariffs and taxes. A Refund Request must be submitted within 30 days of the purchase date and must include the following details: full name as it appears on the invoice, email address used to order, billing address, telephone number, order/receipt number, and where applicable any other refund request requirements such as, but not limited to, completed forms and/or worksheets.

For other publications such as, but not limited to: research reports, special reports, and newsletters, Derwent Scotch offers a 30-day unconditional money-back guarantee, less shipping and handling fees, membership and joining fees, coupon discounts, and any applicable tariffs and taxes. A Refund Request must be submitted within 30 days of the purchase date and must include the following details: full name as it appears on the invoice, email address used to order, billing address, shipping address, telephone number, and order/receipt number.

For forums and events Derwent Scotch offers the following unconditional money-back guarantee: 100% on 60+ days before the forum or event date, 50% on 31-60 days before the forum or event date, and 0% on 0-30 days before the forum or event date. All refunds are less shipping and handling fees, membership and joining fees, coupon discounts, and any applicable tariffs and taxes. A Refund Request must be submitted no less than 31 days before the forum or event date and must include the following details: full name as it appears on the invoice, email address used to order, billing address, shipping address, telephone number, and order/receipt number.

Derwent Scotch will issue a Returned Merchandise Authorisation (RMA) number after receiving a Refund Request. A refund will be refunded by the method the order was originally charged within 10 business days after receiving the following: unused portion of the purchase (where applicable), and any gifts, bonuses or promotional items received with the purchase. Goods received without a RMA number will not be accepted and refunded.

Billing & Subscriptions

Unless otherwise agreed in writing, all accounts are established on prepaid terms. Payment must be received by Derwent Scotch before any billable products or services are provided, activated, or fulfilled. Clients are required to keep a valid credit, debit, or charge card on file to charge for any recurring monthly subscription fees. Clients are responsible for keeping contact, billing, and shipping details and information current, accurate, and valid. Details and information can be updated by contacting us.

Recurring fees are automatically charged to the credit, debit, or charge card on file. Payments are collected at the beginning of each billing period. Billing periods are unique to each client, and unless otherwise agreed, begin on the day of the month in which the client purchased the Derwent Scotch subscription. Receipts are available upon request. Clients must request to cancel their subscription no less than 10 business days prior to their next billing date to prevent being charged. If a subscription is terminated earlier than an agreed subscription period, the credit, debit, or charge card on file will be will be retroactively charged any discounts attributable to subscriptions in addition to any fees, costs, or penalties Derwent Scotch may incur. Cancellations must be made by contacting us in writing via email or fax. Clients agree to provide Derwent Scotch 30 days to attempt settlement of any billing dispute before disputing or attempting to chargeback with any bank third-party debit, credit, or charge company. Derwent Scotch reserves the right to refuse payment without notice or reason.

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 May 25, 2018.

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

Derwent Scotch About - Our Values
‘We speak honestly and objectively to present facts, not opinions. Our communications are clear and transparent and present the landscape for what it is, period.’
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