Terms of Use

Last modified 26th October 2020

Overview

This website (henceforth referred to as the “Site”), exists both to provide information regarding the development of a dual purpose walkway from Bowmore to Islay House Square in Bridgend, and to understand the Islay community’s views regarding the aforementioned development.

The Site is owned and operated by Ardnahoe Distillery Company Ltd (“We”, “Our”, “Us”), a company registered in Scotland whose office is at 16 Park Circus, Glasgow G3 6AX with Reg. No.507595 and VAT no. GB 255 4532 05.

The Site was developed on behalf of Sustrans, a charity registered in Scotland with Reg. No. SC039263. And England & Wales with Reg. No. 326550. Whose office is located at 2 Cathedral Square, Bristol, BS1 5DD. In conjuction with Islay Community Access Group (henceforth referred to as “ICAG), a charity registered in Scotland with Reg. No. SC037772.

The Site has been donated by Ardnahoe Distillery Company Ltd. for the duration of the development timeline.

Please read these Terms of Use carefully before accessing and engaging with the Site. By visiting the Site You engage with the Site and agree to enter into contract with Us and be bound by the following terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Use apply to all users of the Site, including without limitation users who are browsers, and/or contributors of content. If You do not agree to all the terms and conditions of these Terms, then You may not access or use the Site.

Any new features or tools which are added to the Site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to the Site. It is Your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

When using the Site You also agree to be bound by Our Privacy Policy.

Please retain a copy of these Terms and Conditions for Your future reference.

Contact

For matters pertaining to the Site (including but not limited to questions relating to Our Terms). You may contact Ardnahoe Distillery via info@ardnahoedistillery.com.

For matters pertaining to The Developmentl or how your personal private data is held and used by Sustrans. You may contact Sustrans by email at lisa.irvine@sustrans.org.uk

Site access, terms of use & restrictions

The Site is intended for informational purposes only. Users may, at their own discretion, utilise the following interactive elements:

  • “Questionnaire”

  • “Download(s)” – a condensed version of The Development made available in pdf format

You agree not to use the Site for commercial, trade, or other business purposes.

You agree not to misuse the aforementioned interactive features to cause harm to the Site, its Partners, or target individuals. Further information can be found in Our Prohibitions section.

The Site is not intended to be used by persons in any jurisdiction where its publication or availability or any other aspect is prohibited in that jurisdiction for any reason. If such a prohibition applies to You, We reserve the right at Our sole discretion to refuse service to anyone for any reason at any time.

We reserve the right to  suspend and/or cancel Your account with Us, and/or restrict Your access to the Site, without notice and straightaway if We believe You have breached Our Terms. Any such action by Us does not affect Your statutory rights

You understand that Your information may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Prohibitions

In addition to other prohibitions as set forth herein, You are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate Our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site, other websites, or the Internet.

Accuracy of feedback informationbilling & account informat

You agree to provide Sustrans with accurate information for the purposes discussed throughout Our Terms and Privacy Policy.

Development description & depiction

All images of the development on the Site are illustrative only. We have made every reasonable effort to display to You as accurately as possible the colours and depictions of the proposal, but We cannot guarantee that Your electronic device's display of any colour will be correct.

All descriptions of the proposal subject to change in line with lawful corrections, and community guidance at any time without notice. We reserve the right to amend the proposal at any time without given warning.

Internet service, safety & security

We have adopted standard industry practices for development, maintenance and presentation of the Site, however We do not warrant the Site to be free from technical or software errors and We accept no liability for the same. We do not guarantee, represent or warrant that Your use of the Site will be uninterrupted, timely, secure or error-free. We make no warranty for and accept no liability in relation to the content of any third-party information or internet links which the Site may contain.

You accept that from time to time We may remove the Site for indefinite periods of time or cancel the Site at any time, without notice to You. You expressly agree that Your use of, or inability to use, the Site is at Your own risk. We reserve the right to change the Site in any way at any time.

Limitation of liability

We, Our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors will not 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 or reliance upon the Site; other than where Your usage constitutes part of a product contract between You and Us.

Intellectual Property

All material hosted on the Site is held copyright and variously trademarked by the following companies

  • Ardnahoe Distillery Ltd

  • ICAG

  • Sustrans

  • David Narro Associates

  • Iain Hepburn

  • Argyll & Bute Council

  • Scottish Transport

All rights (including moral rights) are asserted and reserved.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site, without express written permission from Us.

Assignment

You may not transfer, assign, or otherwise dispose of any rights or obligations that You incur under these Terms to any third party, without Our prior written consent.

Waiver, severability & entirety

No delay or act or omission by Us in exercising any right or remedy We may have under Our contract to supply a product to You or any other right or remedy We have under these Terms, shall be deemed a waiver of that or other right or remedy.

If any court or other competent authority finds that any provision or clause or part thereof of these Terms is illegal, invalid, or otherwise not enforceable, then that provision or clause or part thereof shall be deemed null and void in these Terms but all other provisions and clauses of these Terms shall remain unaffected.

These Terms of Use and any policies or operating rules posted by Us on the Site constitute the entire agreement and understanding between You and Us and govern Your use of the Site, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between You and Us (including, but not limited to, any prior versions of the Terms of Use). Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party.

Jurisdiction

Any dispute or claim arising from any contract between the Site, or any dispute or claim relating to the contract subject matter or formation (including non-contractual disputes or claims), shall be subject to the non-exclusive jurisdiction of the courts of Scotland.