Terms of Use and Acceptable Use Policy

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE

TERMS OF USE

SUMMARY

This page sets out the general rules and requirements relating to our website.
We also have rules about how we deal with your personal information and cookies (which can be found here).
This page contains details of the company behind www.darknesswhisky.com. It also provides details regarding the content of our website and changes to that content.
This page also provides information about the ownership of the trade marks which appear on our website and copyright in our website.
This page also sets out a number of important limitations on our liability to you andyour attention is drawn in particular to those limitations. Which limitations apply will depend upon whether you are a business or a consumer.
Information relating to links to and from our website is also provided.
We have tried to make things as clear as possible, but if you do have any questions about your use of our website (or anything else), please get in touch by emailing hi@darknesswhisky.com

INTRODUCTION

These Terms of Use (together with the documents and policies referred to in them) set out the terms of use applying to our website at www.darknesswhisky.com (our website).

Please read these terms of use carefully, as they will apply to your use of our website. Please note that they will change from time to time.

By using our website, you confirm that you accept these terms and will comply with them. If you do not agree to these terms of use, you must not use our website.

OTHER TERMS WHICH APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our website:

our Privacy Policy sets out the terms on which we process any personal data about you. By using our website, you consent to such processing and promise that all data provided by you is accurate; and
our Acceptable Use Policy sets out the permitted uses of our website.

EVERYWHERE WE GO...

www.darknesswhisky.com is a website operated by Atom Supplies Limited (we or us), a limited company.

We are registered in England and Wales under company number 03193057 and we have our registered office and main trading address at Unit 1, Ton Business Park, 2-8 Morley Road, Tonbridge, Kent, TN9 1RA. You can contact us anytime on 01892 888376. We are registered for VAT and our VAT number is GB 662241553.

OUR CONTENT

The content on our website is provided for general information only. It is not intended to (and does not) amount to advice on which you should rely. Although we make reasonable efforts to update the information on our website, we make no representations, promises or guarantees that the content on our website is accurate, complete or up-to-date.

We may update our website at any time. Despite our best efforts, some of the content on our website may be out of date at any given time, and we are under no obligation to update it.

PRICES

All prices shown on our website are subject to change without notice.

ACCESS TO WWW.darknesswhisky.com

Our website is made available free of charge.

We do not guarantee that our website, or any content on it, will always be available or that access will be uninterrupted. Access to our website is permitted on a temporary basis. We may suspend, withdraw or change all or part of our website without notice. We will not be liable to you if for any reason our website is unavailable.

You are responsible for making all arrangements necessary for you to have access to our website.

YOUR WWW.darknesswhisky.com PASSWORD AND ACCOUNT

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures (including if you sign in to our website using any social media login), you must treat that password or other information as confidential.

We have the right to disable any account at any time if you have failed to comply with any of these terms of use. If you know or suspect that anyone else knows your user identification password, you must promptly tell us by emailing hi@darknesswhisky.com.

INTELLECTUAL PROPERTY RIGHTS

We are the owner of (or have the right to use) all intellectual property rights in our website. Of course, our website also refers to many intellectual property rights owned by others, including the names of many of the products which we sell.

Our website and the material published on it are protected by trade mark laws, copyright laws and treaties around the world. All such rights are reserved.

You must not use any part of the content on our website for commercial purposes without first obtaining a licence to do so from us and/or the other people who own that content.

The unlicensed use or reproduction by any means of any content constitutes an infringement of copyright and is strictly forbidden. You shall indemnify us in respect of all claims, costs, damages or expenses which we incur as a result of or otherwise in connection with your unauthorised use of any of our content. In addition, and without prejudice to any other rights or remedies which we may have, we reserve the right to charge you (and you agree to pay) a fee which exceeds our standard licence fee for use of the relevant content. If you would like to use any part of the content on our website for commercial purposes, please get in touch by emailing hi@darknesswhisky.com.

Any licence which we give to you to use any of the content on our website will be subject to the intellectual property licence terms which are set out here.

INTELLECTUAL PROPERTY LICENCE FEES

The table below sets out the fees which are payable (in Pounds Sterling) in connection with your authorised use of our images on your website in the course of any business activity (being the type of licence about which visitors to our website most frequently enquire), excluding VAT (where applicable). We reserve the right to charge higher fees (and to enforce other remedies) in circumstances of unauthorised use. If you have any questions regarding the fees or if you would like to discuss using our content in any other way, please do not hesitate to get in touch by emailing hi@darknesswhisky.com.

	Website page type
Period of usage	Multiple uses	Single use - homepage	Single use - subsidiary page
Up to 1 month	GBP116	GBP125	GBP83
Up to 6 months	GBP208	GBP166	GBP125
Up to 1 year	GBP416	GBP333	GBP250
Up to 2 years	GBP625	GBP500	GBP416
Up to 5 years	GBP833	GBP750	GBP666

If you print off, copy or download any part of our website in breach of these terms of use and without a valid licence to do so, your right to use our website will cease immediately and you must destroy any copies you have made.

We always investigate taking formal legal action against those who infringe our intellectual property rights.

OTHER PEOPLE’S INTELLECTUAL PROPERTY RIGHTS

We respect other people's intellectual property rights. Although we sometimes refer to them on our website and on the labels of products we make and distribute, we don't claim or assert any intellectual property over any brands owned by others, including but not limited to:

ABERFELDY, ABERLOUR, ABSOLUT, ALLT-Á-BHAINNE, ARARAT, ARDBEG, ARDMORE, ARRAN, ARTELL, AUCHENTOSHAN, AUCHROISK, AULTMORE, BALBLAIR, BALLANTINE'S, BALMENACH, BALVENIE, BANFF, BECHEROVKA, BEEFEATER, BELL'S, BEN NEVIS, BEN WYVIS, BENMORE, BENNACHIE, BENRIACH, BENRINNES, BENROMACH, BIG BEN, BLACK BOTTLE, BLADNOCH, BLAIR ATHOL, BOWMORE, BRACKLA, BRAEVAL (AKA BRAES OF GLENLIVET), BRORA, BRUICHLADDICH, BUCHANAN'S, BUNNAHABHAIN, BURN STEWART, CALEDONIAN, CAMBUS, CAMERON BRIDGE, CAOL ILA, CAPERDONICH, CARDHU, CARSEBRIDGE, CHIVAS, CHIVAS REGAL, CLYDE GLENDORAN, CLYNELISH, COLEBURN, COMPASS BOX, CONVALMORE, CRAGGANMORE, CRAIG GORDON, CRAIGELLACHIE, CUTTY SARK, DAILUAINE, DALLAS DHU, DALMORE, DALWHINNIE, DEANSTON, DEWARS, DUFFTOWN, DUMBARTON, DUNHILL, EDRADOUR, FAMOUS GROUSE, FETTERCAIRN, GARNHEATH, GIRVAN, GLEN ALBYN, GLEN ELGIN, GLEN GARIOCH, GLEN GRANT, GLEN KEITH, GLEN MARNOCH, GLEN MHOR, GLEN MORAY, GLEN ORD, GLEN PARKER, GLEN SCOTIA, GLEN SPEY, GLENALLACHIE, GLENANDREW, GLENBRIDGE, GLENBURGIE, GLENCADAM, GLENDERRY, GLENDRONACH, GLENDULLAN, GLENESK, GLENFARCLAS, GLENFIDDICH, GLEN FLAGLER, GLENGLASSAUGH, GLENGOYNE, GLENGYLE, GLENISLA, GLENKINCHIE, GLENLOCHY, GLENLOSSIE, GLENMORANGIE, GLENROTHES, GLENTAUCHERS, GLENTURRET, GLENUGIE, GLENURY, GLINNE PARRAS, GREENSPOT, GREY ROGERS & CO, HAIG, HAVANA CLUB, HIGHLAND PARK, IMPERIAL, INCHGOWER, INVER HOUSE, INVERGORDON, INVERLEVEN, ISLE OF ARRAN, ISLE OF JURA, ISLE OF MULL, JAMESON, JOHNNIE WALKER, KILCHOMAN, KINCLAITH, KNOCKANDO, KNOCKDHU, LADYBURN, LAGAVULIN, LAPHROAIG, LAUDERS, LEINBURN, LINKWOOD, LITTLEMILL, LOCH LOMOND, LOCHNAGAR, LOCHSIDE, LONGMORN, MACDUFF, MACKINLAY'S, MANNOCHMORE, MILLBURN, MILTONDUFF, MORTLACH, NORTH BRITISH, OBAN, OLMECA, PADDY, PERNOD, PITTYVAICH, PLYMOUTH, PORT CHARLOTTE, PORT DUNDAS, PORT ELLEN, POWERS, PULTENEY, REDBREAST, RICARD, ROSEBANK, ROYAL SALUTE, SCAPA, SPEYBURN, SPRINGBANK, ST. MAGDALENE, STRATHCLYDE, STRATHISLA, STRATHMILL, TALISKER, TAMDHU, TAMNAVULIN, TEACHER'S, THE ANTIQUARY, THE CLAYMORE, THE GLENLIVET, THE MACALLAN, THE SPEYSIDE, TOBERMORY, TOMATIN, TOMINTOUL, TORMORE, TULLIBARDINE, TWEEDDALE, WEMYSS MALTS, WHITE HEATHER, WHITE HORSE, WHYTE & MACKAY, WILLIAM GRANT, WILLIAM LAWSON, WYBOROWA and YELLOWSPOT.

If you have an ownership, copyright or intellectual property claim over a brand or trademark which you would like us to specifically recognise by adding it to this list, or if you spot an error you'd like us to correct please just drop us an email at hi@darknesswhisky.com.

LIMITATIONS ON OUR LIABILITY TO YOU

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our website or any content on it.

We will not be liable to any user for any loss or damage, whether in contract, tort, breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our website.

If you are a business user, please note that in particular, we will not be liable for:

loss of profits, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer, you agree that you may not use our website in connection with any commercial purpose and that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We 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 your computer equipment due to your use of our website or your downloading of any content on it.

We assume no responsibility for the content of websites linked on our website. Such links do not constitute approval by us of linked websites. We will not be liable for any loss or damage that may arise from your use of them.

CONTRIBUTIONS TO OUR WEBSITE

Whenever you make use of a feature that allows you to upload content to our website, or to make contact with other users of our website or members of the Atom Brands team, you must comply with the content standards set out in our Acceptable Use Policy.

You acknowledge and agree that you will pay us for any loss or damage which we suffer as a result of any breach of this requirement.

Any content you upload to our website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us permission to use, store and copy that content and to make it available to third parties.

The permission which you give us:

lasts forever;
applies to the whole world;
does not require that we pay you any royalty;
can be transferred by us to any third party;
allows us to use, copy, share, summarise, amalgamate with other material, display and perform that content in connection with the website and across different media.

The permission extends to allow us to use the content to promote our website and business.

Except where the law provides otherwise, we will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our website.

For the avoidance of doubt, the views expressed by other users on our website do not represent our views or values.

VIRUSES

We do not guarantee that our website will be secure or free from bugs or viruses. You are responsible for configuring your information technology in order to access our website. You should always use your own virus protection software.

You must not misuse our website by knowingly introducing viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You must not attempt to gain unauthorised access to our website, the server on which our website is stored or any server, computer or database connected to our website. You must not attack our website via a denial-of-service attack or otherwise.

By breaching these rules, you commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate fully with them. In the event of such a breach, your right to use our website will cease.

LINKING TO OUR WEBSITE AND TO OTHER SITES

You may link to our website, provided you do so in a way that is fair and legal, is not defamatory and does not take advantage of our reputation. Our website must not be framed on any other site.

Where our website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.

PRODUCTS WE MAKE

We manufacture drams, dram sets and independent bottlings from Darkness, Master of Malt Single Cask range, That Boutique-y Whisky Company, That Boutique-y Gin Company, among many others.

We use factual statements to describe the source of the whisky or other contents of those products. For example, if we bottled a delicious single cask distilled at the outstanding Aberlour distillery then we would say exactly that. In that instance we would not be asserting any ownership of, or other rights in, the trademark "Aberlour", which we do not own.

The same goes for drams – the label describes the bottle we opened and decanted into drams, so a dram with "Glenfarclas 40" on it indicates that we opened up a sealed bottle of rich, dark, Christmassy Glenfarclas 40 Year Old and carefully decanted it into clean food-safe containers in a food-safe environment.

Any defects introduced by our manufacturing processes (bottling, re-bottling, dramming, labelling, waxing, etc) are not the responsibility of the third party which produces any whisky (or other raw material) which we have used.

NAMING CONVENTIONS

On our website, all whiskies (and other spirits), including independently-bottled products, appear according to the following naming convention: [Distillery name] [Age] [Batch] [Year] [cask number] [range] [(independent bottler)].

CHANGES TO THIS POLICY

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.

APPLICABLE LAW

If you are a consumer, please note that these terms of use, their subject matter and formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction to hear disputes relating to these terms of use and your use of our website. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (including any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

CONTACT US

If you have any questions, comments or concerns, including if you would like to make any use of our website in a way which is not approved by these terms of use, please do not hesitate to get in touch with us by emailing hi@darknesswhisky.com.

ACCEPTABLE USE POLICY

SUMMARY

This page sets out our requirements for how visitors to our website and to our social media channels should behave.
We also have general rules about use of our website (which can be found here) and rules relating to how we deal with your personal information and cookies (which can be found here).
Our website must only be used for lawful purposes. You must not damage or disrupt any part of our website or use our website to seek to damage or disrupt any other site.
You must comply with certain requirements when you make use of the interactive features of our website and our social media channels.
If you break our rules, we can block your access to our website or social media channels, remove any contributions which you make, contact the authorities and/or take legal action against you.
We have tried to make this page as clear as possible, but we don’t always get it right first time. If you have any questions, please get in touch with us by emailing at hi@darknesswhisky.com.

INTRODUCTION

This Acceptable Use Policy sets out the terms between you and us under which you may access our website at www.darknesswhisky.com (our website) and interact with us on our social media channels. This Acceptable Use Policy applies to all visitors to our website or social media channels. Your use of our website or social media channels means that you accept, and agree to abide by, all the policies in this policy.

JUST DON'T MISBEHAVE

You may use our website only for lawful purposes. You may not use our website:

if you are not of lawful drinking age in the country where you live;
in any way that breaches any law or regulation;
in any way that is fraudulent;
in order to harm others in any way;
to communicate any material which does not comply with our content standards (see below);
to transmit any unsolicited advertising material; or
to knowingly transmit any viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, malware, adware or any other harmful programs or similar computer code designed to breach security or to adversely affect the operation of any computer software or hardware.

You also agree:

not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our terms of website use (which can be found here); and
not to interfere with, damage or disrupt any part of our website, equipment or network on which our website is stored; or software used in the provision of our website.

INTERACTIVE FEATURES

We may offer various interactive features on our website (interactive features) or social media channels. These include features which allow you to provide comments in relation to the products which we sell (product comments) and about the level of service which we provide (service feedback), to participate in our blog (blog comments) and to chat in real time with our customer service team (live chat).

The product comments, service feedback and blog comments interactive features allow you to provide material which will be published on our website. Service feedback and blog comments are automatically accepted for publication but may then be moderated by a human if they are offensive or inappropriate. Product comments are moderated by a human before they are published. The live chat interactive feature will never result in material which you provide being published.

We will do our best to consider any possible risks for users posed by third parties when they use any interactive feature, and we will decide in each case whether it is appropriate to use moderation of the relevant feature (including what kind of moderation to use). We are, however, under no obligation to monitor or to moderate any interactive feature, and we expressly exclude our liability for any loss or damage arising from the use of any interactive feature by a user in contravention of our terms of website use.

The use of any interactive feature by a minor is not permitted. This should be obvious, really, given what we are promoting.

INTERACTIVE FEATURES CONTENT STANDARDS

These content standards apply to any and all material which you contribute to our website or social media channels using interactive features (contributions). You must comply with the spirit and the letter of these standards when compiling contributions.

Contributions must:

be accurate (where they state facts);
be genuinely held (where they state opinions); and
comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

be defamatory;
be obscene, sexually explicit, hateful or intended to incite disgust, offense, violence or illegal activity;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or any other protected characteristic;
infringe any intellectual property rights;
be repetitive or duplicative (whether in substance or form) of any previous contribution which you have made (whether or not that contribution was published);
be made in breach of any legal duty, such as a duty of confidentiality;
invade another’s privacy;
be likely to harass, embarrass or alarm any person;
be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
give the impression that they emanate from us;
advocate, promote or assist any unlawful act such as computer misuse; or
be intended to interfere with the aggregate ratings given to any particular product or service or to mislead or to deceive us or users of our website.

BREACH OF THIS POLICY

We will determine whether there has been a breach of this Acceptable Use Policy. When we consider that a breach has occurred, we may take any action we deem appropriate, including:

withdrawing your right to use our website;
removing anything uploaded by you to our website;
taking legal proceedings against you; and
disclosing information to the authorities.

As the operator of a website with interactive features, we face potential liability in respect of your contributions under the Defamation Act 2013 and The Defamation (Operators of Websites) Regulations 2013. This legislation means that, if a valid complaint is made to us about any contribution made by you which we publish on our website, we must either contact you or remove your contribution from our website. By providing your contact details whenever you make a contribution, you will have the opportunity to defend any comments which you make and limit the scope for them simply being removed. We exclude liability for actions taken by us in response to breaches of this Acceptable Use Policy.

CHANGES TO THIS POLICY

We may revise this Acceptable Use Policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you.