By accessing http://thewhiskycorporation.sg, you irrevocably agree to be bound by these terms and conditions, which are subject to change without notice, from time to time, in our sole discretion. We will notify you of amendments by posting them to the below website.
“Goods” refers to product sold by TWC through the Website, or otherwise.
“Services” refers to all services to be provided by TWC through the Website, including but not limited to its provision of information, its provision of trading services, its electronic newsletter service, and its China Whisky Guide App.
“Terms and Conditions” refer to these terms and conditions of use of the Website.
“Website” means http://thewhiskycorporation.sg.
“TWC” refers to The Whisky Corporation Limited, a private Hong Kong company limited by shares with Company Number 1396656, and The Whisky Corporation Pte Ltd, a private Singapore company limited by shares with Business registration 201628155E Hereafter known as TWC.
“You” or “User” means anyone who accesses the Website and/or who uses the Services.
USE OF WEBSITE
By accessing the Website and using the Services, You unreservedly and irrevocably agree to be bound by the Terms and Conditions. You are strictly prohibited from the unauthorized use of the Website, including but not limited to misuse of passwords, or misuse of information posted on the Website. Use of the Website may be monitored, tracked and recorded. When You use the Website, You expressly consent to such monitoring, tracking and recording. You are responsible for being familiar with the current version of the Terms and Conditions.
When You use any of the Services, including You signing up for any e-newsletter or You sending us an e-mail, You are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with You by e-mail or by posting notices on the Website or through the other Services. You agree that all agreements, notices, disclosures and other communications that we provide to You, electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Services, such as text, graphics, logos, button icons, images, audio clips and digital downloads is the property of TWC or its service providers and is protected by Hong Kong, Singapore, and international copyright laws. The compilation of all content included in or made available through any Services is the exclusive property of TWC and is protected by Hong Kong, Singapore, and international copyright laws.
TWC’s trademarks and logos may not be used in connection with any product or service that is not TWC’s, in any manner that is likely to cause confusion among Users, or in any manner that disparages or discredits TWC. All other trademarks not owned by TWC that appear in any Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TWC.
Subject to Your compliance with the Terms and Conditions and Your payment of any applicable fees, TWC grants You a limited, non-exclusive, non-transferable license to access and make personal and non-commercial use of the Services. The licence does not include any resale or commercial use of any Services, or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Services; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to You in the Terms and Conditions are reserved and retained by TWC or its licensors, suppliers, publishers, rights holders, or other content providers. No Services, nor any part of any Services, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the prior express written consent of TWC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TWC without express written consent. You may not use any meta tags or any other “hidden text” utilizing TWC’s name or trademarks without the express written consent of TWC. You may not misuse the Services. You may use the Services only as permitted by law. The licence granted by TWC terminates if You do not comply with the Terms and Conditions.
If You use any of the Services, You are immediately responsible for maintaining the confidentiality of Your account and password and for restricting access to Your computer, and You agree to accept full responsibility for all activities that occur under Your account or password. TWC only sells Goods to people above the age of 18 years old, who can purchase with a credit card or other permitted payment method as detailed in the Website. If You are under 18, You may use the Services only with the involvement of a parent or guardian. Alcohol listings on TWC are only intended for adults. You must conform to, and be of the required minimum age specified by the law or regulations of your geographical location to use any part of the Website related to the purchase or consumption of alcohol. TWC reserves the right to refuse any of the Services, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
TWC is not responsible for examining or evaluating, and does not warrant the offerings and actions of, any third party, even if links to such third party products or webpages are provided on the Website.
The market updates, portfolio assessments and any of the literature of TWC provided to Users are for their reference only.
You expressly agree that You access, use, and rely upon such content at Your own risk. Please seek the advice of professionals as necessary regarding the evaluation of any content on the Website. Past performance of the TWC or any particular copy or brand of Goods is not necessarily indicative of future performance and may not guarantee a return. You should not rely on the information from the literature or advice provided by TWC when making decisions on Your investments. You should satisfy Yourself with the accuracy and completeness of literature or advice provided by TWC through Your own independent research.
Forecasts, projections, current and historical whisky prices, and statements of opinion contained in the Website are only statements of presently held beliefs, and do not constitute legal, financial or investment advice of any form: the information on the Website is not intended as an offer, or of legal or financial or investment advice. You should always seek Your own independent financial and legal advice on all such matters especially in respect of any proposed “investments” that you intend to make.
The Services and all information, content, materials, products (including software) and other Services included on or otherwise made available to You are provided by TWC on an “as is” and “as available” basis, unless otherwise specified in writing. TWC makes no representations or warranties of any kind, express or implied, as to the operation of the Services, or the information, content, materials, products (including software) or other Services included on or otherwise made available to You through the Services, unless otherwise specified in writing.
To the fullest extent permissible by applicable law, TWC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. TWC does not warrant that the Services, information, content, materials, products (including software) or other Services included on or otherwise made available to You through the Website, TWC ‘s servers or electronic communications sent from TWC are free of viruses or other harmful components. TWC will not be liable for any damages of any kind arising from the use of any Services, or from any information, content, materials, products or other Services included on or otherwise made available to You through any of the Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
TWC shall not be held responsible for any predictions of future values of the Goods purchased and shall not be held liable for any loss suffered by the User in dealing or trading with the Goods. You and You alone will bear any risks or losses resulting from the dealing or trading of Goods. TWC may use its business relationships and networks to assist You to trade with the Goods, but TWC shall have absolute discretion as to whether to act as a broker, whether to buy back or sell the Goods on Your behalf.
If TWC does sell the Goods as a broker on Your behalf, TWC shall be entitled to charge and be due a brokerage fee of 15% payable by each of the buyer and the seller of the Goods.
LIMITATION OF LIABILITY
The period for a User to institute any claim for breach, shall be 5 business days from the date when the relevant User becomes aware of the circumstances giving rise to such a claim. If the User wishes to claim against TWC, the User must first give notice of the legal action or complaint to TWC, stating expressly the intention to bring a legal action or complaint against TWC and providing the details of the event, including the circumstances which You believe gives rise to the legal action or complaint.
You agree not to claim against TWC in relation to the Terms and Conditions, whether in tort or contract, if the relevant details are not provided to the TWC within 5 business days.
Insofar as permitted by law, You agree that You will not bring any claim against TWC for any amount less than SG$2,500 or its equivalent.
To the maximum extent permitted by law, You agree that the limit on any claim will be equal to the amount in the currency of the original transaction, of the selling price of any Goods or Services so purchased from TWC. The limitation shall apply regardless of the cause of action or legal theory pleaded or asserted.
The Terms and Conditions are governed by the laws of Singapore, and You agree to the exclusive jurisdiction of the Singapore Courts.
If any provision of the Terms and Conditions is determined to be invalid or unenforceable, the remainder of the Terms and Conditions shall be unaffected and shall be enforceable against both TWC and any Users.