SkillSeeder Limited TERMS AND CONDITIONS
2. Definitions and Interpretation
2.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Account” means an account required to access and use Our App, as detailed in Clause 4; “Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our App; “Contract” means the contract between Us and you for the purchase and sale of a Course on SkillSeeder, as explained in Clause 9; “Order” means your order for a Course; “Booking Confirmation” means Our acceptance and confirmation of your Order; “Course” means a course found via Our App, purchased in accordance with these Terms and Conditions; “Sharer” means a User providing a Course that delivers training, tuition or any knowledge transfer. “SkillSeeder” means the application or platform developed and published by SkillSeeder Limited “User” means a user of Our App; “User Content” means training course descriptions, pictures, files certificates created and/or uploaded by Users to Our App; and “We/Us/Our” means SkillSeeder Limted, a company registered in Scotland under company number SC672302, whose registered address is Ravensneuk Farm, Penicuik, Midlothian, United Kingdom, EH26 8PL.
3. Information About Us
3.1 SkillSeeder is owned and operated by SkillSeeder Limited, a company registered in Scotland under company number SC672303 whose registered address is Ravensneuk Farm, Penicuik, Midlothian, United Kingdom, EH26 8PL and VAT number is GB 359 8186 43
4. Changes to SkillSeeder
4.1 We may from time to time make changes to SkillSeeder:
4.1.1 Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of SkillSeeder;
4.1.2 Minor changes may be made to reflect changes in the law or other regulatory requirements. We may inform you by email of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of SkillSeeder; and
4.1.3 We will continue to develop and improve SkillSeeder over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
4.2 We will always aim to ensure that SkillSeeder is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes outlined under sub-Clause 4.1[A1]. Unless We are responding to an emergency or an urgent issue, We will endeavour to inform you in advance of any interruptions to the availability of SkillSeeder.
4.3 We reserve the right to permanently suspend SkillSeeder at any time. We will endeavour to inform you in advance of any such decision.
5.1 An Account is required to fully use SkillSeeder. However, you can search without creating an account.
5.2 You may not create an Account if you are under 16 years of age. If you are under 16 years of age and wish to use SkillSeeder, your parent or guardian should create the Account for you and you must only use the Account with their supervision.
5.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
5.4 We recommend that you choose a strong password for your Account, consisting of a minimum 8 characters including. Upper case, lower case, numbers and at least one special character. It is your responsibility to keep your password safe. You must not share your Account with anyone else. If you believe your Account is being used without your permission, please contact Us immediately. We will not be liable for any unauthorised use of your Account.
5.5 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
5.7 If yo[A2]u wish to close and delete your Account, you may do so at any time by following the instructions within SkillSeeder. Closing your Account will result in the removal of your information from Our system. If you have an active course, your Account will remain active for the duration of the remainder of the course you are currently taking or until the course has been completed. Closing your Account will also remove any User Content that you have created or uploaded from Our system. To avoid losing anything that you have created or uploaded using SkillSeeder, please ensure that you copy your User Content to your computer or device before closing your Account.
6. Course pricing
6.1 Pricing is created by the Sharer and SkillSeeder has no liability regarding the price or value of any course please see the Sharer’s own terms.
6.2 All pricing includes VAT.[A3]
7.1 Payment for Courses and commission will be due at the time of purchase. Your chosen payment method will be billed immediately upon confirmation of your purchase.
7.2 We accept the following methods of payment:
7.2.1 Credit Card payment
7.2.2 Debit Card payment
7.3 We reserve the right to add any third party surcharges for the use of payment processing services to the commission charge on the purchase of a Course
8.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
8.2 In lieu of the 14-day cooling-off period, We offer a limited short-term cancellation right to both consumers and business customers if you have purchased a course by mistake Please contact your training provider as a first point of contact within 24hrs of the booking date of the Course within the app messaging feature or by direct contact using their contact details on their website. Please note that this option is available only if you have booked at least 14 days prior to the start of the course that you wish to cancel.
8.3 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
8.3.1 If a course has been incorrectly described within SkillSeeder
8.3.2 We have informed you of an upcoming change to your Course or to these Terms and Conditions that you do not agree to; or
8.3.3 We have informed you of an error in the price or description of your Course
8.3.4 There is a risk that the availability of the Course may be significantly delayed due to events outside of Our control; or
8.3.5 We have informed you that We have suspended, or are planning to suspend, availability of the Course for a period greater than 14 days; or
8.3.6 We have breached these Terms and Conditions or have in any way failed to comply with Our legal obligations to you.
8.4 If the training provider does not cancel your course you may contact us to appeal a course cancellation decision, please inform us using one of the following methods:
8.4.1 By email at email@example.com; or
8.4.2 By post at Ravensneuk Farm, Penicuik, Midlothian, United Kingdom, EH26 8PL, sending a lette;
8.4.3 In either case providing your name, address, email address, telephone number, details of your Course and reason for the cancellation request.
8.5 We may ask you why you have chosen to cancel your Account and may use any answers you provide to improve SkillSeeder in the future, however please note that you are under no obligation to provide any details if you do not wish to.
8.6 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method unless you specifically request otherwise.
8.7 In certain limited circumstances We may cancel your course and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
8.7.1 If your Account is closed and your course cancelled because you have breached these Terms and Conditions, you will not be entitled to a refund. If you believe We have closed your Account in error, please contact Us at firstname.lastname@example.org.
8.7.2 If your Account is closed and/or your Course is cancelled for any other reason, you will be refunded your course fee in full or the remaining deposit paid for your Course. The refund will be calculated based upon the price of your course. Refunds will be made to your original payment method.
9.2 If a student asks for a refund after we have paid the relevant instructor payment, we reserve the right to either (1) deduct the amount of the refund from the next payment sent to the Sharer or (2) where no further payments are due to the instructor or the payments are insufficient to cover the refunded amounts, We require the instructor to refund any amounts refunded to students for the instructor's Courses.
9.3 Where payment for a Course has taken place out with SkillSeeder then any refund will be the responsibility of the Sharer and as per their own terms and conditions.
10. Our Intellectual Property Rights and Licence
10.1 We grant Users a limited, non-exclusive, revocable, worldwide, non-transferable licence to use SkillSeeder to find, discuss and book Courses (including research and private study) and business purposes, subject to these Terms and Conditions.
10.2 Subject to the licence granted to Us under sub-Clause 13.3[A4], Users retain the ownership of copyright and other intellectual property rights in their User Content (subject to any third party rights in that User Content and the terms of any licence under which you use such Content).
10.3 All other Content included in SkillSeeder (including all user-facing material, and all underlying material such as code, software and databases) and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
10.4 By accepting these Terms and Conditions, you hereby undertake:
10.4.1 Not to copy or otherwise attempt to acquire any part of SkillSeeder;
10.4.2 Not to disassemble, decompile or otherwise reverse engineer SkillSeeder;
10.4.3 Not to allow or facilitate any use of SkillSeeder that would constitute a breach of these Terms and Conditions; and
10.4.4 Not to embed or otherwise distribute SkillSeeder on any website, ftp server or similar file or content sharing platform.
11. Links to Our App
11.1 You may link to SkillSeeder provided that:
11.1.1 You do so in a fair and legal manner;
11.1.2 You do not do so in a manner that does not suggests any form of association, endorsement or approval on Our part where none exists;
11.1.3 You do not use any of Our logos or trade marks (or any others displayed on SkillSeeder) without Our express written permission; and
11.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
11.2 You may not link to any page other than the homepage of Our Website (www.skillseeder.com) unless using the sharing features of SkillSeeder. Deep-linking to other parts of SkillSeeder requires Our express written permission.
11.3 You may not link to SkillSeeder from any other website where the content of which contains material that:
11.3.1 Is sexually explicit;
11.3.2 Is obscene, deliberately offensive, hateful or otherwise inflammatory;
11.3.3 Promotes violence;
11.3.4 Promotes or assists in any form of unlawful activity;
11.3.5 Discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
11.3.6 Is designed or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
11.3.7 Is calculated or is otherwise likely to deceive another person;
11.3.8 Is designed or is otherwise likely to infringe (or threaten to infringe) another person’s privacy;
11.3.9 Misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this Clause 11.3);
11.3.10 Implies any form of affiliation with Us where none exists;
11.3.11 Infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents and database rights) of any other party; or
11.3.12 Is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
11.4 Please note that the content criteria described above in sub-Clause 11.3 apply only to content over which the owner and/or operator of the website in question has direct control. You will not, therefore, be in breach of these Terms and Conditions if, for example, other users of a website on which you establish a link to SkillSeeder post content such as comments that violate the above criteria.
12. Links to Other Content
12.1 We may provide links to other content such as websites, web apps and downloadable apps. Unless expressly stated, this content is not under Our control. We neither assume or accept responsibility or liability for such third party content. The provision of a link by Us is for reference only and does not imply any endorsement of the linked content or of those in control of it.
13. User Content
13.1 You agree that you will be solely responsible for any and all User Content that you create or upload using SkillSeeder. Specifically, you agree, represent and warrant that you have the right to create or upload the User Content and the right to use all materials of which it is comprised and that it will not contravene any aspect of Our Acceptable Usage Policy, detailed in Clause 11.
13.2 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 9.1[A5]. You will be responsible for any loss or damage suffered by Us as a result of such breach.
13.3 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. By creating or uploading User Content, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting SkillSeeder.
13.4 If you wish to remove User Content, you may do so by unpublishing material in your account.
13.5 Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 14.3. You acknowledge, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
13.6 We may reject, reclassify, or remove any User Content created or uploaded using SkillSeeder where that User Content, in Our sole opinion, violates Our Acceptable Usage Policy, or if We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
14. Intellectual Property Rights and User Content
14.1 All User Content and the intellectual property rights subsisting therein, unless specifically labelled otherwise, belongs to or has been licenced by the relevant User. All User Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
14.2 Users may not copy, distribute, publicly perform, publicly display, reproduce or create derivative works based upon, another User’s User Content without first obtaining the express consent of the User to whom the User Content in question belongs.
14.3 We take technical measures to limit and/or restrict the ability of Users to unlawfully copy User Content created or distributed using SkillSeeder. Despite such measures, We do not make any representation or warranty that your User Content will not be unlawfully copied without your permission.
15. Acceptable Usage Policy
15.1 You may only use SkillSeeder in a manner that is lawful and that complies with the provisions of this Clause 11.[A6] Specifically:
15.1.1 You must ensure that you comply fully with any and all applicable local, national and international laws and/or regulations;
15.1.2 You must not use SkillSeeder in any way, or for any purpose, that is unlawful or fraudulent;
15.1.3 You must not use SkillSeeder to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software or any data of any kind; and
15.1.4 You must not use SkillSeeder in any way, or for any purpose, that is intended to harm any person or persons in any way.
15.2 The following types of User Content are not permitted on SkillSeeder and you must not create, submit, communicate or otherwise do anything that:
15.2.1 is sexually explicit;
15.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
15.2.3 promotes violence;
15.2.4 promotes or assists in any form of unlawful activity;
15.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
15.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
15.2.7 is calculated or otherwise likely to deceive;
15.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
15.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 15.2);
15.2.10 implies any form of affiliation with Us where none exists;
15.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
15.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
15.3 We reserve the right to suspend or terminate your Account and/or your access to SkillSeeder if you materially breach the provisions of this Clause 15 or any of the other provisions of these terms and conditions. Specifically, We may take one or more of the following actions:
15.3.1 Suspend, whether temporarily or permanently, your Account and/or your right to access SkillSeeder (for more details regarding such cancellation, please refer to sub-Clause 5);
15.3.2 Remove any of your User Content which violates this Acceptable Usage Policy;
15.3.3 Issue you with a written warning;
15.3.4 Take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
15.3.5 Take further legal action against you as appropriate;
15.3.6 Disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
15.3.7 Any other actions which We deem reasonably appropriate (and lawful).
15.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to, those set out above) that We may take in response to breaches of these Terms and Conditions.
16.1 We may feature advertising within SkillSeeder and We reserve the right to display advertising on the same page as any User Content.
16.2 You agree that you will not attempt to remove or hide any advertising using HTML/CSS or by any other method.
16.3 Each advertiser is responsible for the content of their own advertising material. We will not be responsible for any advertising in SkillSeeder including, but not limited to, any errors, inaccuracies, or omissions.
17. Problems with SkillSeeder and Consumers’ Legal Rights
17.1 If you have any questions or complaints regarding SkillSeeder, please email Us at email@example.com or by using any of the methods provided on Our contact page at www.skillseeder.com.
17.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to SkillSeeder:
17.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which SkillSeeder is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
17.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
17.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
18.1 No part of SkillSeeder or any accompanying documentation (whether provided in electronic form or otherwise) constitutes advice on which you should rely and is provided for general information purposes only. Professional or specialist advice should always be sought before taking any action relating to SkillSeeder.
18.2 Subject to your legal rights if you are a consumer (as summarised above in Clause 13)[A7], insofar as is permitted by law, We make no representation, warranty, or guarantee that SkillSeeder will meet your requirements, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
18.3 We make reasonable efforts to ensure that the content contained within SkillSeeder is complete, accurate and up-to-date. We do not, however, make representations, warranties or guarantees (whether express or implied) that SkillSeeder (and the content therein) is complete, accurate or up-to-date.
18.4 We are not responsible for the content or accuracy, or for any opinions, views, or values expressed in any User Content created or uploaded using SkillSeeder. Any such opinions, views, or values are those of the relevant User, and do not reflect Our opinions, views, or values in any way.
19. Our Liability
19.1 If you are a consumer, We will be liable to you for any foreseeable loss or damage that is caused by Us as a result of Our breach of these Terms and Conditions or Our failure to exercise reasonable care and skill. Loss or damage is foreseeable if it is either obvious that it will occur or was contemplated by you and Us when the Contract between us was formed.
19.2 If you are a business, to the fullest extent permissible by law, We accept no liability for any foreseeable loss in contract, tort (including negligence), for breach of statutory duty, or otherwise arising out of or in connection with the use of (or inability to use) SkillSeeder or the use of or reliance upon any Content (whether that Content is provided by Us or whether it is User Content) included in SkillSeeder.
19.3 To the fullest extent permissible by law, We accept no liability to consumers or businesses for loss or damage that is not foreseeable.
19.4 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to SkillSeeder or any Content (including User Content) included in SkillSeeder.
19.5 If you are a business, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
19.6 We exercise all reasonable skill and care to ensure that SkillSeeder is free from viruses and other malware. Subject to sub-Clause 13.2.1[A8], We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material that may adversely affect your hardware, software, data or other material that occurs as a result of your use of SkillSeeder (including the downloading of any Content (including User Content) from it) or any other website or service that We may provide a link to.
19.7 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of SkillSeeder resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
19.8 Nothing in these Terms and Conditions excludes or restricts Our liability in any situation where it would be unlawful for us to do so including fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law. For full details of applicable consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
20. Viruses, Malware and Security
20.1 We exercise all reasonable skill and care to ensure that SkillSeeder is secure and free from viruses and other malware including, but not limited to, the scanning of any and all User Content for viruses and malware as it is uploaded. We do not, however, guarantee that SkillSeeder is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 15.6.[A9]
20.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware and other internet security risks.
20.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via SkillSeeder.
20.4 You must not attempt to gain unauthorised access to any part of SkillSeeder, the server on which SkillSeeder is stored, or any other server, computer, or database connected to SkillSeeder.
20.5 You must not attack SkillSeeder by means of a denial of service attack, a distributed denial of service attack, or by any other means.
20.6 By breaching the provisions of sub-Clauses 20.3 to 20.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use SkillSeeder will cease immediately in the event of such a breach and, where applicable, your Account will be suspended and/or deleted.
21. Privacy and Cookies
22. Data Protection
23. Communications from Us
23.1 If you have an Account, We may from time to time send you important notices by email. Such notices may relate to matters including, but not limited to, service changes, changes to these Terms and Conditions, changes to SkillSeeder, and changes to your Account.
23.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. Email marketing options can also be changed in www.skillseeder.com. If you opt out of receiving emails from Us at any time, it may take up to 5 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
23.3 For questions or complaints about email communications from Us (including, but not limited to, marketing emails), please contact Us at firstname.lastname@example.org or via www.skillseeder.com.
24. Other Important Terms
24.1 We may transfer (assign) Our obligations and rights under these Terms and Conditions (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business). If this occurs, you will be informed by Us in writing. Your rights under these Terms and Conditions will not be affected and Our obligations under these Terms and Conditions will be transferred to the third party who will remain bound by them.
24.2 You may not transfer (assign) your obligations and rights under these Terms and Conditions (and under the Contract, as applicable) without Our express written permission.
24.3 The Contract is between you and Us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms and Conditions.
24.4 If any of the provisions of these Terms and Conditions are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
24.5 No failure or delay by Us in exercising any of Our rights under these Terms and Conditions means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms and Conditions means that We will waive any subsequent breach of the same or any other provision.
25. Changes to these Terms and Conditions
25.1 We may alter these Terms and Conditions at any time. If We do so, details of the changes will be highlighted at the top of this page. Any such changes will become binding on you upon your first use of SkillSeeder after the changes have been implemented. You are therefore advised to check this page from time to time.
25.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
26. Contacting Us
26.1 To contact Us, please email Us at email@example.com or by using any of the methods provided on Our contact page at www.skillseeder.com.
27. Law and Jurisdiction
27.1 These Terms and Conditions, the Contract, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of Scotland.
27.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 27.1 above takes away or reduces your rights as a consumer to rely on those provisions.
27.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, the Contract, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of Scotland.
27.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of Scotland.
28. Relationship Between Us
You and we agree that no joint venture, partnership, employment, contractor, or agency relationship exists between us.
The following sections shall survive the expiration or termination of these Terms: Sections), 28 (Relationship to Us), 7 ( Payments), 9 (Refunds) and 5.7 (Deleting Your Account).