Terms of Service

Last Updated: 10 Feb 2025

Welcome to First Phil Whisky. These Terms of Service ("Terms") govern your use of firstphilwhisky.com (the "Site") and all related services, including our e-commerce store, community platforms, consulting services, and content distribution. By accessing or using our Site, you agree to be bound by these Terms. If you do not agree, you may not use our services.

For any questions, please contact us at [email protected].

1. Overview

These Terms apply to:

Visitors to firstphilwhisky.com
Customers purchasing from our Shopify store
Subscribers to our Neat Notes newsletter
Members of our Discord community
Businesses and brands engaging in consulting, sponsorships, or collaborations
Anyone interacting with our content on YouTube, Instagram, and other platforms

By using any of these services, you confirm that you are at least the legal age for alcohol consumption in your jurisdiction and agree to comply with applicable laws.

2. Use of Our Website & Services

A. Acceptable Use

You agree not to:

Violate any laws, regulations, or rights of others.
Use the Site for any fraudulent, deceptive, or illegal purposes.
Interfere with the proper functioning of our website or services.
Share, distribute, or exploit our content without permission.

We reserve the right to terminate access to our Site and services if you violate these Terms.

B. Account Registration

Some features may require you to create an account. You are responsible for maintaining the security of your account and any actions under it.

3. Purchases & Payments

A. E-commerce & Transactions

When you purchase from our Shopify store, you agree to provide accurate billing and shipping information. We reserve the right to cancel orders for any reason, including suspected fraud or pricing errors.

B. Pricing & Availability

Prices are subject to change at any time. Products may be limited in quantity and subject to return or exchange only according to our Refund & Returns Policy.

C. Payment Security

We do not store credit card details. All transactions are processed securely through third-party payment providers.

4. Content & Intellectual Property

A. Ownership

All original content and materials published on firstphilwhisky.com and affiliated platforms—including but not limited to videos, graphics, blog posts, product designs (including the Whisky Flavour Tree), downloadable files, trademarks, brand elements, and layout—are the exclusive property of Phillip Gow, trading as First Phil Whisky, and are protected under the Copyright Act 1994 (NZ), the Berne Convention, U.S. Copyright Law (17 U.S.C. § 101 et seq), and other applicable international laws.

Unless explicitly stated otherwise, all rights are reserved.

B. Restrictions

You may not:

Copy, reproduce, distribute, modify, republish, or display any of our intellectual property without prior written consent.
Sell or license derivative works, digital downloads, or physical reproductions of any content originating from First Phil Whisky.
Use our branding, logos, or trade dress in a way that causes confusion or implies affiliation.

Infringement may result in immediate legal action, including DMCA takedown notices, civil proceedings, and claims for statutory damages.

C. User Submissions

If you submit comments, reviews, or content to our platform or community, you grant First Phil Whisky a non-exclusive, royalty-free, worldwide licence to use, reproduce, and display that content in connection with our business.

D. Licensing Enquiries

To request permission to use our work (e.g., for educational, press, or licensing purposes), contact: [email protected].

6. Refunds, Returns & Shipping

By making a purchase, you agree to our:

Shipping Policy – Covers delivery timelines, lost/damaged items, and shipping rates.
Refund & Returns Policy – Explains eligibility for returns and exchanges.

These policies are available on our website.

7. Limitation of Liability

We do not guarantee that our Site or services will be uninterrupted, error-free, or secure. First Phil Whisky is not liable for any direct, indirect, incidental, or consequential damages resulting from the use of our Site or services.

Use of our content, including whisky recommendations, is at your own risk. We are not responsible for actions taken based on our opinions or information.

8. Community Guidelines (Discord & Social Media)

To ensure a respectful and enjoyable environment, users must: ✅ Follow all platform rules and guidelines. ✅ Respect other community members. ✅ Avoid spam, hate speech, and abusive behaviour.

We reserve the right to moderate or remove users who violate these guidelines.

9. Governing Law

These Terms are governed by the laws of New Zealand, without regard to conflict of law principles.

10. Changes to These Terms

We may update these Terms at any time. Updates will be posted on this page, and continued use of our Site constitutes acceptance of the revised Terms.

11. Copyright Infringement & Takedown Policy

We respect the intellectual property rights of others and expect our users and partners to do the same.

If you believe that any content on firstphilwhisky.com or our affiliated platforms infringes your copyright, you may submit a takedown request to: [email protected]. Please provide:

A detailed description of the copyrighted work;
The URL or location of the infringing material;
Your contact information;
A statement that you have a good faith belief that the use is not authorised;
A statement, under penalty of perjury, that the information is accurate and that you are the copyright owner or authorised to act on their behalf.

We may remove content or disable access in response to valid infringement notices.