Last updated November 2023

AGREEMENT TO TERMS

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Dram- A Whisky Odyssey LTD,  doing business apps (https://www.thegoldendram.com, “we”, ”us”, “or”, “our”), concerning your access to and use of the https://www.thegoldendram.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). We are registered In England and have our registered office at 1 firs court, Aylesbury Road, Bierton, Aylesbury, Buckinghamshire, HP22 5AY. Our VAT number is 375354772. You agree that by accessing the site you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree with all of these Terms of Use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check applicable Terms every time you use our site so that you understand which Terms apply. You will be subject to and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the site after the date such revised Terms of Use are posted.

The information provided on the site is not intended for distribution to or used by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms and Conditions including the Privacy Statement and any matter relating to ‘the site’ shall be governed by English law in particular The Licencing Act 2003 in relation to minimum legal age. The Site is intended for users who are of legal drinking age in their country of origin. Persons under the legal drinking age are not permitted to use or register for the site.

Intellectual Property Rights

Unless otherwise indicated the site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licenced to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws, international copyright laws, and international conventions. The Content and the Marks are provided on the site “as is” for your information and personal use only. Except as expressly provided in these Terms of Use no part of the site and no Content or Marks may be copied, reproduced, aggregated, republished, updated, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licenced, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.

User Representations  

By using this Site, you represent and warrant that: 

- all registration information you submit will be true, accurate, current, and complete;

- you will maintain the accuracy of such information and promptly update such registration information as necessary;

- you have the legal capacity, and you agree to comply with these Terms of Use;

- you are not a minor in the jurisdiction in which you reside; 

- you will not access the site through automated or non-human means, whether through a bot, script, or otherwise;

- you will not use the Site for any illegal or unauthorised purpose; and

- your use of the Site will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, non-current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

User Registration 

You may not access or use the Site for any purpose other than for which we make the Site Available. The Site may not be used in connection with any commercial endeavours except that are specifically endorsed or approved by us. 

As a user of the Site, you agree not to:

1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords. 

3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.

4. Disparate, tarnish, or otherwise harm, in our opinion, us and/or the Site.

5. Use any information obtained from the Site in order to harass, abuse, or harm another person.

6. Make improper use of our support service or submit false reports of abuse or misconduct.

7. Use the Site in a manner inconsistent with any applicable laws or regulations.

8. Engage in unauthorized framing of or linking of the Site.

9. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.

10. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

11. Delete the copyright or other proprietary rights notice from any Content.

12. Attempt to impersonate another user or person or use the username of another user. 

13. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), (1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”)

14. Interfere with, disrupts, or create an undue burden on the Site or the networks or services connected to the Site.

15. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.

16. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.

17. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

18. Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.

19. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.

20. Use a buying agent or purchasing agent to make purchases on the Site.

21. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretences.

22. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavour or commercial enterprise.

23. Use the Site to advertise or offer to sell goods and services.

User Generated Contributions

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through Third-Party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any Third Party.

2. You are the creator and owner of or have the necessary license, right, consents, releaser, and permissions to use and to authorise us, the Site, and other users of the site to use your Contributions in any manner contemplated by the Site and these Terms of Use.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable laws, regulations, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable laws concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination, or suspension of your rights to use the Site.

Contribution License

You and the Site agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purposes without compensating you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Guideline for Reviews

We may provide you areas on the site to leave user ratings. When posting a review, you must comply with the following criteria:

- you should have first-hand experience with the person entity being reviewed;

- your reviews should not contain offensive profanity or abusive, racist, offensive, or hate language;

- your review should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;

- your reviews should not contain references to illegal activity;

-  you should not be affiliated with competitors if posting negative reviews;

- you should not make any conclusions as to the legality of conduct;

- you may not post any false or misleading statement; and

- you may not organise a campaign encouraging others to post your views whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinion or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims liabilities or losses resulting from any review. By posting a review you hereby grant to us a perpetual, non-exclusive, worldwide, royalty free fully paid, assignable, and sub-licensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the site (“Submissions”) provided by you to us are non-confidential and shall become are sold property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights of any such Submissions, and you hereby warrant that any such Submissions are original with you or that you may have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any propriety right in your Submission.

Site Management

We reserve the right, but not the obligation, to:

- monitor the site for violation of these Terms of Use;

- take appropriate legal action against anyone who in our sole discretion violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities;

-  in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;

- in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in anyway burdensome to our systems; and

- otherwise manage the site in a manner designed to protect our rights and property and facilitate the proper functioning of the Site.

Privacy Policy

We take steps to protect your privacy and comply with all applicable UK data protection legislation in place at the time of your use of the Site in respect of any personal information relating to you gathered by us.

The data we collect from you is used solely for the purpose of fulfilling your order or sending you the newsletter. You may be asked to input information about yourself on different pages of the Site. We will never disclose your personal information to any other parties without your consent except as set out in our Privacy Policy or to verify your identification as above. Your credit card information is not retained and is completely removed from our system after your order is processed or cancelled. You have every right to know what information has been held in our system.

Termination

We reserve the right immediately to suspend or terminate your use of Site if you breach or we have reasonable grounds to believe that you are likely to breach these terms and conditions or you otherwise engage in conduct which we determine in our sole discretion to be unacceptable.

We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary, contact your ISP in the event of a suspected breach of these Terms and Conditions.

Modifications and Interruptions

We serve the right to change, modify, or remove the contents of the Site at any time or for any reason at a soul discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any new modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the site will be available at all times.  We may experience hardware, software, or other problems or need to perform maintenance related to the Site resulting in interruptions, delays, or errors. We reserve the right to change revise update suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss damage or inconvenience caused by your inability to access or use the site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any correction, updates, or releases in connexion therewith. 

Product Conditions, Availability and Pricing

We endeavour to ensure the accuracy of the information on the Site. Should a product be unavailable, we will endeavour to inform you of this promptly. Prices and specifications can change without notice and products are subject to availability. Please be aware that where a product displayed on the website states 'Web-Exclusive Price', this means that the price quoted on the website is valid only for online. 

Please note that with older bottlings, the cork/closure may have deteriorated, so care should be taken when opening. As such, we cannot guarantee the condition of a bottle's closure and the item is sold as described. From time to time, we may feature promotions or offers on the Site. Each offer shall be subject to its own express terms and may not be available in all jurisdictions.

All special-offer prices and discounts shown on the website are inclusive of statutory United Kingdom Value Added Tax (VAT) at 20%. Orders being delivered to destinations outside of the European Union will receive an equivalent discount exclusive of VAT for all offers.

Any non-sterling prices displayed on the website using the site's multiple currency feature are subject to constantly changing exchange-rate fluctuations, and as such may differ from one day to the next.

Identity Verification

To ensure that your credit, debit, or charge card is not being used without your consent and you are over the age of 18, we will validate name, address and other personal information supplied by you during the order process against appropriate third-party databases. By accepting these Terms and Conditions, you consent to such checks being made. Additionally, at the time of courier delivery, we require an adult signature to ensure we deliver to the same person that placed the order, e.g. by typically checking ID at handout (where applicable).

In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

Disclaimer of Warranties; Limitation of Liability 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Dram – A Whisky Odyssey LTD, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to defend, indemnify, and hold us harmless, including a subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of : 1) use of the Site; 2) breach of these Terms of Use; 3) any breach of your representations and warranties set forth in these Terms of Use; 4) your violation of the rights of a third party, including but not limited to intellectual property rights; or 5) any overt harmful act towards any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

Customs and Import Duties

Alcohol products sold at TGD are subject to UK taxation. If we are sending products to an address within the European Union (EU), prices are subject to Value Added Tax (VAT). This applies to all countries that make up the EU except for Germany and Sweden where UK alcohol tax and VAT are deducted, and local alcohol taxes and VAT are added at the time of sale.

If we are shipping to an address outside the EU, we will not charge VAT. However, your order will be subject to local taxes and duties upon arrival in the recipient's country, which are levied once the package reaches customs clearance.

Any additional charges for customs clearance must be borne by recipient; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you will need to contact the recipient's local customs office for further information.

Refusal to pay the local import duties and taxes will result in the goods either being destroyed by customs; or goods being returned to sender at the cost of the consignee (costs will be deducted from any refund owed).

If we are shipping to an address in the US, India or Russia, customs charges will be borne by the recipient so that they can complete the customs clearance procedure as soon as it arrives in their destination country.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agreed that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the site, satisfy any legal requirement that such communication will be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to the electronic delivery of notices, policies, and records of a transaction initiated or completed by us or via the Site. You hereby waive any rights or requirements under any state statutes, regulations, rules, ordinance, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These terms of use and any policies operating rules posted by us on the Site or with respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or enforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

Any legal proceedings arising out of or relating to these Terms and Conditions against or relating to us or any indemnified parties under these Terms and Conditions will be subject to the exclusive jurisdiction of the English courts and you irrevocably consent to the jurisdiction of such courts. 

Contact us

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Dram- A Whisky Odyssey LTD.

1 Firs Court, Aylesbury Road, Bierton, Aylesbury, Buckinghamshire, HP22 5AY, ENGLAND

Email: info@thegoldendram.com