Terms and Conditions
INFORMATION ABOUT US
We operate the website innisandgunn.com. We are The Innis & Gunn Brewing Company Limited, a company registered in Scotland under company number SC 237510 and with our registered office at 6 Randolph Crescent, Edinburgh, EH3 7TH, Scotland. Our VAT number is 921 9851 08.
TERMS AND CONDITIONS
The following Terms and Conditions apply to users, viewers and all people who access this site (Website). Please read these terms carefully before using the Website. Using the Website indicates that you accept these terms. If you do not accept these terms, do not use the Website. These Terms and Conditions are issued by The Innis & Gunn Brewing Company Limited ("Company").
TO ACCESS THE WEBSITE YOU MUST BE OF LEGAL DRINKING AGE IN THE COUNTRY WHERE YOU ARE VIEWING THIS SITE. IF YOU ARE NOT, DO NOT ENTER THIS SITE.
1. You may access most areas of the Website without registering your details with us. Certain areas of the Website are only open to you if you register.
2. By accessing any part of the Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave the Website immediately.
3. The Company may revise these Terms and Conditions at any time by updating this posting. You should check the Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at the Website.
4. Unless otherwise stated, the copyright and other intellectual property rights in all material on the Website are owned or licenced by the Company. Without limitation, the trademarks and all related logos, labels and bottle designs associated with the brand Innis & Gunn are owned by the Company.
5. Material from this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, commercially exploited or adapted in any way without the prior written consent of the Company.
6. Any rights not expressly granted in these Terms and Conditions are reserved.
SERVICE ACCESS & ACCEPTABLE USE
7. The Company shall not be liable if for any reason the Website is unavailable at any time or for any period. Access to the Website may be suspended temporarily or permanently without notice.
8. Without prejudice to Clause 7, the Company reserves the right to suspend, terminate or restrict access to the Website if these Terms and Conditions are breached.
9. You shall keep any passwords and usernames allocated to you confidential and the Company reserves the right to suspend or terminate the username and password if the Company suspects non-compliance by you with these Terms and Conditions.
10. You may use the Website only for lawful purposes. You may not use the Website:a. in any way that breaches any applicable local, national or international law or regulation;
b. in any way that is unlawful or fraudulent or has any unlawful or fraudulent effect;
c. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any form of spam;
d. to knowingly transmit any data, send or upload any material that contains viruses or similar computer code designed to adversely affect the operation of any computer software or hardware;
e. to undertake any other activity that would contravene the Computer Misuse Act 1990 (UK).
11. You are prohibited from posting or transmitting to, from, or via the Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
(b) for which you have not obtained all necessary licences and/or approvals; or
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
13. You may not misuse the Website (including, without limitation, by hacking).
14. The Company shall fully co-operate with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or locate anyone posting any material or acting in any way in breach of Clause 11 or 13.
LINKS TO OTHER WEBSITES
15. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave the Website. The Company has not reviewed all of these third party websites and does not control and is not responsible for these websites or their content or availability. The Company therefore does not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
16. If you would like to link to the Website, you may only do so on the basis that you link to, but do not replicate, the home page of the Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of any of the Company's logos;
(b) you do not create a frame or any other browser or border environment around the Website;
(c) you do not in any way imply that the Company is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with the Company nor present any other false information about the Company;
(e) you do not otherwise use any of the Company's trade marks displayed on the Website without express written permission from the Company;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
17. The Company expressly reserves the right to revoke the right granted in Clause 16 for breach of these terms and to take any action it deems appropriate.
18. You shall fully indemnify the Company for any loss or damage suffered by the Company or any of its group companies for breach of Clause 16.
RESTRICTION ON LIABILITY
19. While the Company endeavours to ensure that the information on the Website is correct, the Company does not warrant the accuracy and completeness of the material on the Website. The Company may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and the Company makes no commitment to update such material. To the maximum extent permitted by law, the Company provides you with the Website on the basis that the Company excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law).
20. Subject to Clause 21, the Company, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of the Company’s group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in delict, tort , contract, negligence or otherwise) in connection with the Website in any way or in connection with the use, inability to use or the results of use of the Website, any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website.
21. Nothing in these Terms and Conditions shall limit the Company's liability for:a. death or personal injury caused by the negligence of the Company, its directors, agents, officers or representatives;
b. fraud or fraudulent misrepresentation; or
c. any other liability which cannot be excluded or limited by law.
22. If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of Scotland. Disputes arising in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the Scottish courts although the Company retains the right to bring proceedings against you for breach of these Terms and Conditions in your country of residence or any other relevant country.
ADVENTURECAPITAL™ INVESTORS AND SHAREHOLDERS
ADVENTURECAPITAL™ INVESTOR REWARDS CARD
All AdventureCapital™ Investor Rewards cards shall remain the property of Innis & Gunn. Innis & Gunn may, at any time without notice, change, alter, suspend or terminate the Benefits or these terms and conditions.
Cardholders must notify Innis & Gunn of any changes to their contact details. Innis & Gunn shall not be responsible for Cardholders’ inability to exercise the Benefits or any other losses whatsoever. Personal data will be held and used by Innis & Gunn for the purpose of administration of the Benefits.
The AdventureCapital™ card, in whatever form, is not transferable, must not be copied and can only be used by the Cardholder who is named on the card and on Innis & Gunn’s registered details. It is an essential condition that, in the event that Cardholders sell, gift or otherwise transfer their shares in Innis & Gunn Holdings Limited, their Benefits shall not pass to the recipient or other nominee(s). Cardholders are responsible for the safekeeping of their AdventureCapital™ cards and any security details (including voucher codes) relating to their account. AdventureCapital™ Reward cards must not be transferred, bought, sold or in any way traded.
Innis & Gunn may immediately without notice decline to issue, withdraw or cancel AdventureCapital™ accounts, cards, and Benefits, in whatever form, and / or remove an individual from the scheme at any time (in its sole discretion) where there is reasonable belief of:
- any abuse of the Benefits;
- any breach of the Conditions;
- any behaviour that involves the breach of any local laws, including theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information; or breach by a member of the articles of association (i.e. constitution) of their AdventureCapital™ shares.
Benefits may not be used in conjunction with any other offers, discounts or promotions of The Beer Kitchen by Innis & Gunn and may only be used subject to availability for qualifying purchases from participating outlets of The Beer Kitchen by Innis & Gunn.
Benefits are strictly only for personal and consumer use or consumption.
The AdventureCapital™ Reward card must be exhibited to Beer Kitchen staff prior to placing an order to be eligible to redeem any discount.
COMMUNITY MEMBERS ONLINE DISCOUNT CODE
Innis & Gunn may, at any time without notice, change, alter, suspend, withdraw or terminate the Special Offers and the Conditions. Special Offers are always subject to availability.
Innis & Gunn shall not be responsible for Code Holders’ inability to take advantage of the Special Offers or for any other losses by Code Holders, including where such losses arise due to technical delays, omissions or failures. Personal data may be gathered, held and used by Innis & Gunn for the purpose of administration of the Special Offers, communication with Code Holders, fulfilment of orders, and to process credit or debit card payments; and may be shared with third parties as may reasonably be required.
Only Code Holders registered in advance with Innis & Gunn may qualify for Special Offers. Each Code Holder is responsible for the safekeeping of their personal online discount code. Online discounts must not be transferred, bought, sold or in any way traded. Special Offers are strictly only for personal non-commercial use.
Innis & Gunn may immediately and without notice remove any Code Holder’s entitlement to the Special Offers at any time where there is reasonable belief of:
- abuse of the Special Offers;
- breach of the Conditions;
- behaviour that involves the breach of any local laws, including theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information.