Beach Craft Spirits Ltd is a start up craft distiller looking to fund its creation and launch through a 2 month long crowdfunding project.

The site is operated by Beach Craft Spirits Ltd (the company).  The company number is SC535078 and registered office address is Gowan Bank, 9 Coal Row Hopeman, Elgin, Morayshire, Scotland, IV30 5TJ

  1. Acceptance of Terms of Use
    • Please read these terms and conditions (the “Agreement”or “Terms of Use”), carefully before using www.beachcraftspirits.co.uk (the “Site”) and the packages offered (the “Packages/Tiers”) by Beach Craft Spirits Ltd (“Beach Craft Spirits”“we”“us”, or “our”). Any defined terms not defined in the body of this Agreement are set out in Clause 18. This Agreement sets forth the legally binding terms and conditions for your use of the Site and Packages/Tiers and applies to all users of the Site and/or Packages/Tiers. By using this Site and/or Packages/Tiers in any manner you agree to be bound by this Agreement.
    • This Agreement also incorporates the Privacy Policy available at Clause 16. in this document and the Cookie Policy available at Clause 17. in this document and all other rules, policies and procedures that may be published from time to time on the Site each of which may be updated by Beach Craft Spirits from time to time without notice to you. Some Services/Packages/Tiers offered through the Website and/or Email may be subject to additional terms and conditions by Beach Craft Spirits from time to time; your use of such Services/Packages/Tiers is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
    • We may revise this Agreement from time to time by updating this page and the revised Terms of Use will take effect when they are posted on the Site. It is your responsibility to check this Agreement periodically for changes. Your continued use of the Services/Packages/Tiers following the posting the revised Terms of Use constitutes your acceptance of those changes.
    • We may change, suspend, or discontinue the Services/Packages/Tiers or any part at any time with or without notice. Where notice is given, it may be posted on the Site or sent by email. We retain discretion to impose limits on certain features or Services/Packages/Tiers, and/or restrict your access to parts or all of the Services/Packages/Tiers without notice or liability.
    • Beach Craft Spirits may, in its sole discretion, refuse to offer the Services/Packages/Tiers to any person or entity and may change its eligibility criteria at any time.

 

 

  1. Registration

2.1          You may browse the Site and view Content without registering. You may be required to register an email address to be on our mailing list for updates and exclusive offers,

2.2       By registering your email address you are acknowledging that you are over legal drinking age in your country of residence and entering yourself into a free draw to win a £1000 tier package.

 

Competition to win £1000 tier as a launch date promotion

–           You must be of legal drinking age in your country of residence

–           You must have a valid email address.

–           The prize has NO cash equivalent.

–           Draw will be held on

–           Prizes will be under the same terms and conditions as normal purchase of tier packages

2.3       Beach Craft Spirits has sole discretion to refuse or cancel your email updates.

2.4       Registering with Beach Craft Spirits is free; however, Beach Craft Spirits have Services/Packages/Tiers which are available at a fee. Details of Services/Packages/Tiers are on the Crowdfunding section of the website (“Website”). Fees are collected for Beach Craft Spirits by the Payment Platform Business Partner PayPal and Beach Craft Spirits direct on request. Changes to any fees are effective once posted on the Site. We may choose to temporarily change the fees for our Services/Packages/Tiers for promotional events or new services, and such changes are effective when we post the promotional event or new service on the Site.

2.5       You are responsible for paying all fees and applicable taxes associated with your use of the Site.

 

  1. Content

3.1          You acknowledge that Content on the Site is subject to certain Intellectual Property Rights.

3.2       Beach Craft Spirits is the owner of all intellectual property rights and works contained in the Site and in the material published on it. All such rights are reserved. These works are protected by copyright laws and treaties around the world. Nothing you do on or in relation to the Site will transfer any Intellectual Property Rights to you or license you to exercise any Intellectual Property Rights unless this is expressly stated.

3.3       You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services/Packages/Tiers.

 

  1. Your Use of the Site
    • You shall not (nor permit any third party using your Account):
      • disrupt or interfere with the Site (including, without limitation, by the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or otherwise misuse the Site (including, without limitation, by hacking);
      • take any action that: (i) imposes or may impose an unreasonable or disproportionately large load on Beach Craft Spirits (or its third party providers’) infrastructure; (ii) bypasses any measures Beach Craft Spirits may use to prevent or restrict access to the Services/Packages/Tiers (or other accounts, computer systems or networks connected to the Service); (iii) runs Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (iv) uses manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
      • violate any Applicable Law through your use of the Site;
      • collect or store personal data about other users of the Site other than in accordance with the Privacy Policy;
      • post or transmit to or from the Site any material that:
        • you know is false, misleading, untruthful or inaccurate;
        • is threatening, defamatory, offensive, pornographic, obscene, indecent, seditious, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, or which may cause annoyance or inconvenience;
        • impersonates any person or entity, including any employee or representative of Beach Craft Spirits;
        • constitutes unsolicited or unauthorised advertising or promotional material;
        • infringes any Intellectual Property Rights of any person or violates any law or contractual duty; or
  • Beach Craft Spirits will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material (whether or not in breach of section 4.1 above).
  • You shall abide by the Applicable Law in relation to your use of the Site and Service/Packages/Tiers.
  • Beach Craft Spirits does not guarantee that any Content or User Submissions will be made available on the Site. Beach Craft Spirits will monitor the Site, Service/Packages/Tiers, Content, or User Submissions. Beach Craft Spirits reserves the right to remove, edit or modify any Content (including without limitation any User Submissions) in its sole discretion at any time without notice to you and for any reason or if Beach Craft Spirits is concerned that you may have violated this Agreement), or for no reason at all.

 

  1. Links
    • Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

 

  1. Personal Data and Cookies

 

  • In using the Site you may provide us with “personal data” as defined in the Data Protection Act 1998 (“DPA”).
  • By using the Site you consent to our use of your personal data in accordance with our Privacy Policyand to our use of cookies as set out in our Cookie Policy.

 

  1. Cancellation
    • You may cancel your Email Updates at any time by writing to us at info@beachcraftspirits.co.uk. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Clauses entitled “Disclaimer”, Limitation of Liability” and “General Provisions” and any ownership provisions, warranty disclaimers, indemnities and limitations of liability.
    • You may cancel your Service/Package/Tier within a 14day period of purchasing by writing to us at info@beachcraftspirits.co.uk. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, the Clauses entitled “Disclaimer”, Limitation of Liability” and “General Provisions” and any ownership provisions, warranty disclaimers, indemnities and limitations of liability.
    • We may cancel your access to all or any part of the Service/Packages/Tiers at any time, with or without cause or notice, effective immediately.
    • We may cancel your rights to invest within Beach Craft Spirits if we reasonably believe that you have violated any Applicable Law, breached this Agreement, or have violated our rights or those of another user of the Site or Service.
    • Following cancellation of your rights to invest within Beach Craft Spirits we may retain any information linked to this for such period as may be required by Applicable Law.

 

  1. Beach Craft Spirits Tiers and Rewards
    • In order to be eligible to purchase a Service/Package/Tier you must be of legal drinking age in your residential country.
    • Beach Craft Spirits will not be responsible to any VAT, Duty or Custom charges imposed in posting Spirits to the UK, EU or Worldwide
    • Postage

8.3.1    UK – Will be posted via Royal Mail Recorded Delivery

8.3.2    EU – Will be posted via Guaranteed Delivery

Beach Craft Spirits reserves the right to charge a postage surplus to cover increased postage costs

8.3.3    Non EU/ Worldwide – If requested will be sent at customers own risk

Beach Craft Spirits reserves the right to charge a postage surplus to cover increased postage costs

 

8.5.1    £50

–           Launch Party Invitation – Once our distillery is in production

–           500ml Bottle of Spiced Rum – Once our distillery is in production and trial batches are complete and finalised

8.5.2    £150

–           Launch Party Invitation – Once our distillery is in production

–           700ml Bottle of Spiced Rum – Once our distillery is in  production and trial batches are complete and finalised

–           Beach Craft Spirits T-Shirt – First run of T-Shirts will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Beach Craft Spirits Glass – First run of Glasses will be sent out at the end of November 2016. Email your address to info@beachcraftspirits.co.uk

8.5.3    £250

–           Launch Party Invitation – Once our distillery is in production

–           700ml Bottle of Spiced Rum – Once our distillery is in production and trial batches are complete and finalised

–           700ml Bottle of Intense Rum – Once our distillery is in production and trial batches are complete and finalised

–           Beach Craft Spirits T-Shirt – First run of T-Shirts will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Beach Craft Spirits Glass – First run of Glasses will be sent out at the end of November 2016. Email your address to info@beachcraftspirits.co.uk

–           Beach Craft Spirits Hoodie – First run of T-Hoodies will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

 

8.5.4    £500

–           Launch Party Invitation – Once our distillery is in production

–           700ml Bottle of Spiced Rum – Once our distillery is in production and trial batches are complete and finalised – book a time so you can come to the distillery to bottle your very own bottle of Beach Craft Spirits Spiced Rum

–           700ml Bottle of Intense Rum – Once our distillery is in production and trial batches are complete and finalised – book a time so you can come to the distillery to bottle your very own bottle of Beach Craft Spirits Intense Rum

–           Beach Craft Spirits T-Shirt – First run of T-Shirts will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Beach Craft Spirits Glass – First run of Glasses will be sent out at the end of November 2016. Email your address to info@beachcraftspirits.co.uk

–           Beach Craft Spirits Hoodie – First run of T-Hoodies will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Distillery Tour Experience – Once our distillery is in production and trial batches are complete and finalised, book a time so you can come to the distillery for a unique tour experience

–           6x Rum Stones – Created by local company MGK Designs, unique rum stones in hessian presentation bag – will be sent out at the end of November 2016

 

8.5.5    £1000

–           Launch Party Invitation – Once our distillery is in production

–           3 year old aged Rum in Special Driftwood presentation box personally signed by the distiller (Collectors Edition) Once our distillery is in production and trial batches are complete and finalised, the rum will be aged for no less than 3years in wooden cask (wood variety TBC)

–           700ml Bottle of Spiced Rum – Once our distillery is in production and trial batches are complete and finalised – book a time so you can come to the distillery to bottle your very own bottle of Beach Craft Spirits Spiced Rum

–           700ml Bottle of Intense Rum – Once our distillery is in production and trial batches are complete and finalised – book a time so you can come to the distillery to bottle your very own bottle of Beach Craft Spirits Intense Rum

–           Beach Craft Spirits T-Shirt – First run of T-Shirts will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Beach Craft Spirits Glass – First run of Glasses will be sent out at the end of November 2016. Email your address to info@beachcraftspirits.co.uk

–           Beach Craft Spirits Hoodie – First run of T-Hoodies will be sent out at the end of November 2016. Email your address and size required to info@beachcraftspirits.co.uk otherwise our default size sent out would be Large

–           Distillery Tour Experience – Once our distillery is in production and trial batches are complete and finalised, book a time so you can come to the distillery for a unique tour experience

–           6x Rum Stones – Created by local company MGK Designs, unique rum stones in hessian presentation bag – will be sent out at the end of November 2016

–           Seasonal Samples to be sent out for new products to shape the flavour direction of Beach Craft Spirits going forwards. You will be notified via email about upcoming new trials and will have 6x 50ml samples sent out to your home address for evaluation

–           Exclusive 36knots Beanie in Beach Craft Spirits Colours – will be sent out at the end of November 2016

 

  1. Publicity
    • Any user acting to promote Beach Craft Spirits shall acknowledge the support of Beach Craft Spirits in any materials and presentations about or that refer to such Project. Such acknowledgements (where appropriate or as requested by Beach Craft Spirits) shall include Beach Craft Spirits Name and Logo in compliance with such guidelines as may be provided by Beach Craft Spirits as well as the hashtags #BeachCraftSpirits #ashorething.

 

  1. Crowdfunding
    • All funds for a Project are collected either by: (a) PayPal (“Online Pledge”); or (b) by way of offline pledges direct to Beach Craft Spirits direct bank transfer (“Offline Pledges”).
    • The Fund for a relevant Project will comprise both Online Pledges and Offline Pledges and regardless of total amount collected at end of funding drive, the project will continue. Beach Craft Spirits shall take into account the total of both Online Pledges and Offline Pledges.
    • Beach Craft Spirits makes no guarantees regarding the performance or fairness of the Payment Platform or occasional failures of some credit cards and funding sources,
    • When a Funder agrees to pledge funds to a Project through the Payment Platform:
      • The funder has 14days “cooling off period” to cancel their funding from time of purchase
      • Monies will be transferred from PayPal into the Beach Craft Spirits Bank Account periodically.

 

  • Beach Craft Spirits have the rights to extend the crowdfunding time scale at anytime for any reason without written consent.
  • Any payment of funds pledged by a Funder is subject to the terms and conditions of the relevant PayPal.

 

  1. Disclaimer
    • You use the Site at your own risk. You must evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content. All information provided on or via the Site is for information purposes only. You should seek your own independent advice with respect to any Content.
    • We endeavour to provide a convenient and functional Site, but we do not guarantee that the Content will be error free or that the Site or the server that operates it is free of viruses or other harmful components. Although we will use reasonable endeavours to maintain the Content, we do not undertake to provide support or maintenance services for the Content.
    • If your use of the Site results in the need for servicing or replacing property, material, equipment or data, Beach Craft Spirits shall not be liable for such costs.
    • You acknowledge that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that Beach Craft Spirits will not be liable for any errors or omissions in any content..
    • Beach Craft Spirits is not responsible for messages of endorsement posted by third parties on Social Media (facebook, twitter, Instagram etc.) All third party endorsers are independent of Beach Craft Spirits.
    • Without limiting the above provisions, everything on the Site is provided to you “as is” and “as available” without warranty or condition of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, fitness for a particular purpose, or non-infringement. We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

 

  1.  Indemnification
    • You shall defend, indemnify, and hold harmless Beach Craft Spirits, its affiliates and each of its, and its affiliates’ employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable legal fees, that arise from or relate to your use or misuse of, or access to, the Site, Service, Content or otherwise from your User Submissions, violation of this Agreement, or infringement by you, or any third party using your account, of any Intellectual Property Right of any person.

 

  1. Limitation of Liability
    • In addition to the other disclaimers and restrictions on our liability set out in this Agreement and to the fullest extent permissible under the Applicable Law, Beach Craft Spirits accepts no liability whatsoever for any direct, incidental, consequential or indirect loss or damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, however caused and whether arising in contract, tort (including negligence) or otherwise, and whether or not Beach Craft Spirits was aware of the possibility of such loss or damage.
    • Beach Craft Spirits shall not be liable for failures in the operation of a Project or for your interactions with any third parties found on or through the Service/Packages/Tiers. and in any case Beach Craft Spirits is not responsible for any damage or loss incurred as a result of any such dealings.

 

  1. Notices
    • Beach Craft Spirits will give you any necessary notices (including, but not limited to notices, agreements, information in connection with the Service/packages/tiers) by sending them to your Account email address. You agree to check the Site for notices and changes to terms and conditions.

 

  1.  General Provisions
    • If any part of these Terms of Use is held by any court or competent authority, that provision or part-provision shall be given effect to the greatest extent possible and the remainder of this Agreement shall remain in full force and effect.
    • A failure or delay by Beach Craft Spirits to exercise any right or remedy provided under this Agreement or by law shall not constitute a waiver of that or any other right or remedy, nor shall it preclude or restrict any further exercise of that or any other right or remedy.
    • This Agreement is the entire agreement between you and Beach Craft Spirits with respect to the Services/Packages/Tiers and the use of the Site and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Beach Craft Spirits with respect to the Site and the Service.
    • You may not, without the prior written consent of Beach Craft Spirits, assign, transfer, sub-contract, or in any other way make over to any third party the benefit and/or the burden of this Agreement. Beach Craft Spirits may assign, transfer and sub-contract this Agreement in whole or in part without restriction.
    • These Terms of Use and any non-contractual obligations arising from or connected with them shall be governed by the laws of Scotland. These Terms of Use shall be construed in accordance with the laws of Scotland. You irrevocably submit to the exclusive jurisdiction of the courts of Scotland to settle any dispute which may arise out of or in connection with these Terms of Use.
  2. Privacy Policy

This privacy policy sets out how Beach Craft Spirits Ltd (the company) uses and protects any information that you give the company when you use this website.

16.1     The company is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

16.2     The company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 15th August, 2016

  • What we collect
    We may collect the following information:
    name
    contact information including email address
    demographic information such as address and postcode

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
Internal record keeping.
We may use the information to improve our products and services.
We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You will be able to unsubscribe from these emails at any time.

 

  1. Cookies Policy
    • How we use cookies
      A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
      We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
    • Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
    • You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

 

  1. Definitions

“Applicable Law” in relation to any person, action or thing means the following in relation to that person, action or thing:

  • any law, rule or regulation of any country (or political sub-division of a country) including Bribery Legislation;
  • any obligation under any licence in any country (or political subdivision of a country); and
  • any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

“Bribery Legislation” means the UK Bribery Act 2010 and any subordinate legislation made under that Act from time to time together with any guidance or codes of practice issued by the relevant government department and any analogous legislation in any jurisdiction.

“Content” means all content at or of the Site including, without limitation, any User Submissions, all things that you may see, read, hear, use, download or access on or via the Site (including but not limited to messages, written forum comments, interactive features generated, files, data, software, images, photographs, illustrations, text and other materials).

“Fund” means for the purposes of delivering a Project via community money

“Funders” means any person or organisation that has made either an Online Pledge or an Offline Pledge to a Project in accordance with Clause 7.0 of this Agreement.

“Intellectual Property Rights” means all patents, copyrights, database rights, design rights and trade marks, right of publicity or other right (in any case whether registered or not) and all applications or rights to apply for any of the foregoing and all rights of confidence and Know-How however arising for their full term and any renewals and extensions.

“Know-How” means information, data, know-how or experience whether patentable or not and including but not limited to any technical and commercial information relating to research, design and development, manufacture, use or sale.

“Offline Pledge” is defined in Clause 7.1.

“Online Pledge” is defined in Clause 7.1.

“Payment Platform” means Paypal.

“Prohibited Act” means: (a) committing any offence: (i) under relevant Bribery Legislation; or (ii) under common law or any legislation creating offences in respect of fraudulent acts; or (b) defrauding or attempting to defraud or conspiring to defraud Beach Craft Spirits.

“Project” means the civic project posted by Beach Craft Spirits on the Site relating to the design, construction, development, installation and/or refurbishment of a building, item of equipment and/or area of land or to the funding of a service which is or is intended to be used by or for the benefit or enjoyment of the public.

“Target Amount” means the amount of funds required for the Project to proceed and set by the Project Promoter when posting the Project.

“Target Date” means the date by which the Target Amount must have been met for the Project to proceed and set by the Project Promoter when posting the Project.