Website Terms of Use
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE
What's in these terms?
These terms tell you the rules for using our app(s) and website(s) through which CaskNet services are available for your use, consisting of (a) access to and use of CaskNet's mobile application(s) and/or website(s) which enable you to request and receive CaskNet services and/or third party services (platform) through which we provide certain services, including cask ownership verification and cask authentication.
Who we are and how to contact us
Our site and platform are operated by CaskNet Limited, a company registered in Scotland with Company Number SC761869, having its registered office at Suite 2, Ground Floor Orchard Brae House, 30 Queensferry Road, Edinburgh, United Kingdom, EH4 2HS.
To contact us, please email compliance@casknet.com or telephone our customer service line on: 0131 526 3091 or write to us at 5 Bankhead Steading, South Queensferry, EH30 9TF.
By using our platform you accept these terms
By using our platform, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our platform.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
These terms of use refer to the following additional terms, which also apply to your use of our site and/or platform:
- Our Privacy Policy. See further below under “How we may use your personal information”.
- Our Cookie Policy which sets out information about the cookies on our site.
If you purchase goods or services through our platform, our terms and conditions of supply will apply to the sales.
We may make changes to these terms
We amend these terms from time to time. Every time you wish to use our platform, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 01 March 2024.
User obligations
Any person using our platform must comply with the following obligations as set out in these terms:
- You shall not use our platform in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
- You shall only provide such information on our platform that is accurate and true.
- You shall not upload any materials to our platform that are likely to deceive any person, contain illegal content, impersonate any person or misrepresent your identity or affiliation with any person.
- You shall not use our platform in any way that infringes any third party intellectual property rights.
- You shall not use our platform in any way that breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- You shall not knowingly introduce viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or other material which is malicious or technologically harmful.
- You shall not reproduce, duplicate, copy, or re-sell any part of our platform.
- You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our platform or any services provided via, or in relation to, our platform.
- You shall not access without authority, interfere with, damage, or disrupt any part of our platform; any equipment or network on which our platform is stored; any software used in the provision of our platform; or any equipment or network or software owned or used by any third party.
Rights you are giving us to use material you upload
When you upload content to our platform, you grant us a worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that content in connection with any services we provide.
User-generated content is not approved by us
Our platform may include information and materials uploaded by other users of our platform. This information and these materials have not been verified or approved by us.
How we may use your personal information
We will only use your personal information as set out in our Privacy Policy.
Breach of these Terms
When we consider that a breach of the terms has occurred, we may take such action as we deem appropriate, including all or any of the following actions:
- Immediate, temporary or permanent withdrawal of your right to use our platform.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. This means you will be responsible for any loss or damage we suffer as a result of your breach of these terms.
We exclude our liability for all action we may take in response to breaches these terms. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Disclaimer and Liability
We do not exclude or limit in any way our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- any other loss which cannot be excluded by law.
Otherwise, your use of our platform is entirely at your own risk and, to the fullest extent permitted by law, we shall not have any liability in relation to any loss, claim or damage arising from or related to the use of the platform.
Waiver
If we choose to waive any particular right which we have under these terms on any particular occasion this does not prevent us from exercising that right on another occasion.
Which country's laws apply to any disputes?
If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by Scottish law. You and we both agree that the courts of Scotland will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of England and Wales, you may also bring proceedings in England and Wales.
If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Scottish law. We both agree to the exclusive jurisdiction of the courts of Scotland.
BY CONTINUING TO ACCESS THIS PLATFORM, YOU AGREE TO THE TERMS OF USE WHICH WILL BIND YOU.