T&Cs

Introduction

These Terms of Use shall apply to Your use of the Midori Site located at www.discovermidori.com and its related channels.

Acceptance of terms

By using the Midori Site You agree to be bound by the terms and conditions set out below. If You do not wish to be bound by these terms and conditions, You should not use the Midori Site.

We may change these Terms of Use from time to time and so you should check these regularly. Your use of the Midori Site will be deemed an acceptance of the terms existing at that time.

Acceptable use

You agree that any use by You of the Midori Site shall be in accordance with the following conditions:

You will not copy, download, reproduce, republish, frame, broadcast, transmit in any manner whatsoever, any material on the Midori Site except as is strictly necessary for Your own personal non-commercial home use unless otherwise agreed in writing with Midori. You must not express opinions that are vulgar, crude, sexist, racist or otherwise offensive. You will abide by the specific rules of any competition or promotion that You participate in on or via the Midori Site.

Intellectual property

All copyright, trade marks and all other intellectual property rights in all material or content supplied as part of the Midori Site shall remain at all times vested in Us or Our licensors.

You are permitted to use this material or content only as expressly authorised in writing by Us or Our licensors.

You will not, and You will not assist or facilitate any third party to, copy, reproduce, transmit, distribute, frame, commercially exploit or create derivative works of such material or content.

If You become aware of any such distribution or commercial exploitation, You agree to notify Us immediately.

Disclaimer

You agree that your use of the Midori Site shall be at your own risk. To the fullest extent permitted by the law, Midori, it's officers, directors, employees and agents, disclaim all warranties, express or implied, in connection with the Midori Site and your use thereof.

Midori makes no warranties or representations about the accuracy or completeness of this web Site's content and assumes no liability or responsibility for any i) errors, mistakes or inaccuracies of content, ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and your use of the Midori web Site, iii) unauthorized access to or use of our secure servers and/or any and all personal information stored therein; iv) loss or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of Midori web Site regardless of the form of action.

Limitation of our Liability

Midori content, including the information, names, images, pictures, logos and icons regarding or relating to Midori, its products and services (or to third party products and services), is provided "AS IS" and on an "IS AVAILABLE" basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

We will endeavour to provide the Midori Site using all reasonable care. Except as required by law, We will not be responsible or liable for the quality, accuracy or fitness for a particular purpose of the Midori Site and do not promise that the material contained in the Midori Site, or any of the functions contained in the Midori Site or its server will operate without interruption or delay or will be error free, free of viruses or bugs or is compatible with any other software or material.

Material which is posted on any bulletin boards or chat forums is written by Users and We are not responsible for and do not endorse such material. We reserve the right to monitor the contributions made and may respond to or comment upon communications made by You and edit, refuse to post, or remove any content from the bulletin boards and chat forums in our absolute discretion. No failure to remove particular material constitutes an endorsement or acceptance of it by Us.

We will not be held responsible for statements, advice and/or opinions made or given by Users on the bulletin boards and chat forums (except as required by law). If You have any claim arising from the actions or statements of another User, You agree to pursue such a claim only against that User and not from Us.

The Midori web Site is provided by Bowmore from its facilities in the United Kingdom. Bowmore makes no representations that the Midori Web Site is appropriate or available for use in other locations. Those who access or use the Midori Web Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party web Sites

You acknowledge and agree that We are not responsible for the availability of any third party Web Sites or material You access through the Midori Site.

We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such Web Sites or material.

Any dealings between You and any third party advertisers or merchants found on or via the Midori Site, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between You and the relevant advertiser or merchant. Therefore, We are not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

Privacy

We shall comply with all applicable UK data protection legislation from time to time in place in respect of any personal information relating to You gathered by Us. You may be asked to input information about yourself on different pages of the Midori Site. We will not use the information You provide to Us for any purpose that is not set out in Our Privacy Policy, other than as stated at each location where such information is requested.

Termination

We reserve the right immediately to terminate Your use of the Midori 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.

Invalidity

If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law

These terms shall be governed by and interpreted in accordance with the laws of Scotland

Without limiting any of the terms and conditions set forth in the Midori Terms of Use, Midori makes the following specific disclaimers for the following categories of information:

Investment & Financial information

The Midori content located on this Midori Site should not be interpreted as financial or investment advice nor should it be interpreted as creating any kind of investment advisor nor financial advisor relationship. You should NOT rely upon the financial and investment information or opinions provided herein and You should conduct Your own independent research and consult with Your personal investment advisor before making an investment or financial decision. You are solely responsible for any investment and financial decisions, omissions or actions You take. Neither Midori, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for Your financial/investment decisions based upon, or the results obtained from, the Midori content.

Medical & Health information

The Midori content located on this Midori Site should not be interpreted as medical or health advice. The Midori content should not be used to diagnose, treat or cure any medical or health condition nor should it be interpreted as creating any kind of doctor-patient or health/medical advisor relationship. You should NOT rely upon the medical, health, dietary, nutritional or other professional information or opinions provided and You should always speak to Your personal health care provider before beginning, changing or stopping any medication or any treatment for a health problem. You are solely responsible for any decisions, omissions or actions You take based on choosing to seek or not to seek professional medical care, or choosing or not choosing specific treatments. Neither Midori, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for Your medical, health, dietary or nutritional decisions based upon, or the results obtained from, the Midori content.

Legal information

The Midori content located on this Midori Site should not be interpreted as legal advice nor should it be interpreted as creating any kind of attorney-client nor legal advisor relationship. You should NOT rely upon the legal information or opinions provided and You should consult with Your personal legal advisor because this

Web Site is not a substitute for an in-person consultation with an attorney as the applicability of the legal principles discussed at this web Site may differ substantially in individual situations or in different states or countries. You are solely responsible for any legal decisions, omissions or actions You take. Neither Midori, its parent, its affiliates, nor any of their respective agents, employees, information providers or content providers shall have any liability for Your legal decisions based upon, or the results obtained from, the Midori content.

Questions and answers

Midori do not vouch for or warrant the accuracy, completeness or usefulness of any question or answer and are not responsible for the contents of any question or answer. Normally, all our question and answer content is provided by Midori community members. However, in certain circumstances, question and answers may be provided by a "celebrity", "special guest" or by Midori staff. However, regardless of the source or origin of any question or answer, you agree that any use you make of such content is at your own risk and that Midori is not responsible for any losses resulting from your reliance on this content. The questions and answers should never be used as a substitute for advice from a qualified professional. Opinions posted on Midori are those of the individual and in no way represent the views or policies of Midori. By submitting a question to the web Site, you acknowledge that Midori is not responsible for any response you receive or do not receive, and you agree to hold Midori harmless from any loss, harm, injury or damage resulting from or arising out of your submission of the question or your use of or reliance on any response thereto.