End User Licence Agreement (EULA)
The Local Guide Ltd
Version: July 2018
THIS DOCUMENT IS A LEGAL AGREEMENT. PLEASE READ IT, AS IT CREATES BINDING OBLIGATIONS UPON YOU. IF YOU DO NOT UNDERSTAND ANY OF ITS TERMS, PLEASE SEEK ADVICE FROM A COMPETENT PROFESSIONAL.
1 Introduction
1.1 The North Coast Audio Guide app (the “App”) is provided to you by The Local Guide Ltd (“we”, “our”, “us”). We are a company registered in Scotland with company number SC594237 whose registered office is at 22 Whitriggs Road, Glasgow G53 7LX.
1.2 You may use the App only as permitted under this end user licence agreement (this “EULA”).
1.3 By ticking the box to indicate your acceptance of this EULA, you agree to accept the terms of this EULA and are legally bound by its terms. If you do not agree to the terms of this EULA, you must not tick the box agreeing to acceptance and you are not permitted to access or use the App.
1.4 Any updates, upgrades or new versions of the App we provide to you shall be deemed to be part of the App and subject to the terms of this EULA.
1.5 This EULA along with the documents referred to in it is the complete agreement relating to your use of the App.
1.6 The version of this Agreement replaces all previous versions with effect from the version date stated above.
1.7 You are responsible for making all arrangements necessary for you to use the App. You are responsible for ensuring that any devices you use in connection with the App meet all relevant technical specifications required to use the App (as appropriate). We shall not be liable to you for any loss, cost, expense or damage arising as a result of any technical incompatibility between the App and any of your devices.
1.8 You are also responsible for ensuring that all persons whom you permit to access the App are aware of the terms of this EULA and that they comply with them.
1.9 The terms of this EULA do not affect your rights under applicable law. For more information upon these rights, please contact your local Citizens Advice Bureau, or equivalent body in your country of residence.
1.10 We have used reasonable endeavours to ensure that the App complies with the laws of Scotland. However, we make no representations, warranties or guarantees that the App is appropriate for use in locations outside Scotland.
1.11 If using the App is contrary to or infringes any applicable law in your place of use, you are not authorised to use the App, and the App is not made available to you.
2 Ordering digital content from us
2.1 Below, we set out how a legally binding contract between you and us is made. By using this App, you warrant that you have the right, authority and capacity to enter into and be bound by this EULA.
2.2 Your right to download, install and/or use the App is also governed by the terms and conditions, as notified to you from time to time as part of the procedure concerning your access to the relevant app store which was used to purchase the App.
2.3 You place an order for digital content by selecting to download the App from the relevant app store. Please read and check your order carefully before submitting it. There will be a one off payment to download the App ("Payment") which shall be specified on the app store and deducted from the card and/or account details which were provided by you to the relevant app store at the point of order on the specified date ("Specified Date") and shall be confirmed prior to you submitting your order.
2.4 Before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content.
2.5 You place an order with us at the end of the online purchase (e.g. when you click on the 'buy now' button using in-app-purchase). The digital content will download automatically and a legally binding contract will be in place between you and us.
2.6 We do not represent that any material on the App is appropriate for use in locations other than Scotland and will not be liable for any losses incurred as a result of such use. If you choose to access the App from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
2.7 We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on or obtained by using the App. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on or obtained via the App is at your own risk.
2.8 We make no warranty that the contents of the App are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.9 We have taken every care in the preparation of the content of the App, however we cannot guarantee uninterrupted and totally reliable access to services provided through the App, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the App and will accept no liability for any loss or damage arising as a result of problems with access.
2.10 We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on or obtained via the App.
3 No right to cancel this contract once downloading starts
3.1 When you buy the digital content:
3.1.1 you have no right to cancel this contract once the automatic downloading of it starts; and
3.1.2 you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when purchasing the tour using in-app-purchase and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the digital content has begun’.
4 Permission to use the digital content
4.1 When you buy the digital content and download it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
4.2 The digital content:
4.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
4.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
4.2.3 may not be:
4.2.3.1 copied by you;
4.2.3.2 changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
4.2.3.3 combined or merged with, or used in, any other computer program; or
4.2.3.4 distributed or sold by you to any third party,
4.2.4 contains information which is owned by us. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
4.3 Except where you have permission to use the digital content under this clause 4, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
4.4 The App will help you to follow a route, not every aspect of a journey. When using the App you should:
4.4.1 update your application to ensure you have the most up-to-date maps;
4.4.2 plan your journey in advance;
4.4.3 not attempt to enter route information or adjust the settings or your device while driving;
4.4.4 position your device safely, out of the way of airbags and not obstructing a driver’s vision;
4.4.5 find a method of using the device that is not distracting to you; and
4.4.6 always make the same observations to keep you safe that you would without the satellite navigation application.
4.5 You are responsible for ensuring the road is safe to travel on. We are not responsible for errors generated by unreported road works or inclement weather. Failure to pay full attention to the operation of your vehicle could result in death or personal injury or damage to your property. You assume total responsibility and risk for using this satellite navigation application.
5 Download
5.1 If something happens during the downloading of the App which:
5.1.1 is outside of our control; and
5.1.2 affects you being able to download the digital content;
we will make the digital content available for download as soon as we can. If your mobile device blocks the automatic download of the digital content or the automatic download does not start, you may have the right to cancel the contract.
6 Information which you upload
Any information which you submit to us through the App, shall be used by us in the course of business and you hereby warrant that you are the owner of any material uploaded to the App and grant to us a non-exclusive, perpetual, royalty free licence to use that information in so far as necessary to enable us to provide the App.
7 Location
Once you have downloaded the App, it is essential for the App to operate that it tracks the location of your mobile device. Accordingly, you must ensure that any such location tracking services are enabled on your device.
8 System requirements
8.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device, and the necessary minimum specifications ("Software Requirements").
8.2 The Software Requirements are as follows:
8.2.1 Apple iOS devices running iOS 9 and up; and
8.2.2 Android OS devices running Android OS, Android 5 and up.
8.3 The App will be available in English only.
8.4 The version of the App software may be upgraded from time to time to add support for new functions and services.
9 Availability
9.1 We will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over mobile and GPS networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
9.2 We do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
9.3 We have taken every care in the preparation of the content of the App, however we cannot guarantee uninterrupted and totally reliable access to the App, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the App and will accept no liability for any loss or damage arising as a result of problems with access.
9.4 We may suspend the operation of the App or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
9.5 We will not be responsible for any support or maintenance for the App.
10 Nature of the digital content
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
10.1.1 is of satisfactory quality;
10.1.2 is fit for purpose; and
10.1.3 matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
10.3.1 we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content
10.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
10.3.3 you acknowledge that there may be minor errors or bugs in the App.
11 Faulty digital content
11.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.2 To avoid faults happening, you must:
11.2.1 install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; and
11.2.2 use it only on the recommended third party software and equipment set out in the guide to its use or on our website.
12 Limit on our responsibility to you
12.1 To the fullest extent permissible by law in no event shall we be liable to you for:
12.1.1 death or personal injury (except where arising due to our negligence);
12.1.2 any event caused due to you using the App while driving or in control of a vehicle;
12.1.3 any loss, cost, damage or expense not considered likely to arise at the date of your acceptance of the terms of this EULA; or
12.1.4 any incidental, special, indirect or consequential loss, cost, damage or expense,
regardless of the basis for such liability, whether under contract, delict, or otherwise, and even if we have been advised of the possibility of such liability.
12.2 We shall not be liable for consequential, indirect or special losses.
12.3 Except as expressly stated in this EULA, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
13 Data we gather from you
13.1 We will use your Personal Data in accordance with our privacy policy, which can be accessed at: www.the-local-guide.co.uk.
13.2 You acknowledge and agree that we have the right to contact you by email or phone as provided by you to inform you about information relating to our App and related services. We will not pass any of your contact details to third parties.
14 Breach
14.1 Any breach of the terms of this EULA is a violation of our rights and (if applicable) those of our licensors, service providers and third parties. If you breach the terms of this EULA you may incur liability (both criminal and civil) and become subject to court action.
14.2 If we have reason to believe that you have breached the terms of this EULA or are likely to breach the terms of this EULA we may take action to protect ourselves, our licensors, service providers and third parties from liability, including but not limited to:
14.2.1 contacting relevant third parties and disclosing information collected from you or concerning you;
14.2.2 changing, suspending, removing, or disabling access to the App without notice; or
14.2.3 imposing limits on your use of or access to certain parts of the App,
and in no event will we be liable to you for any action taken pursuant to this clause 14.
15 Termination
15.1 This EULA shall remain in effect until (i) you have deleted the account created by you for using the App; or (ii) the EULA has otherwise terminated in accordance with its terms.
15.2 We shall have the right to terminate this EULA where you breach the terms of this EULA.
15.3 In the event this EULA terminates all rights you have under this EULA shall also terminate, including your right to use the App.
15.4 In the event that this EULA terminates any provision which by implication is intended to survive its termination shall remain binding upon you.
15.5 Termination of this EULA is without prejudice to any obligations which are intended to apply afterwards.
16 Disputes
16.1 We will try to resolve any disputes with you quickly and efficiently.
16.2 If you are unhappy with:
16.2.1 the digital content;
16.2.2 our service to you; or
16.2.3 any other matter,
please contact us as soon as possible on email at [email protected].
16.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1 let you know that we cannot settle the dispute with you; and
16.3.2 give you certain information required by law about alternative dispute resolution.
16.4 Subject to the following paragraph, you and we agree that our agreement is governed by the law of Scotland and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts of Scotland.
16.5 Regardless of the above paragraph, you and we agree that if you are resident in a part of the United Kingdom other than Scotland, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.
17 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
1 Introduction
1.1 The North Coast Audio Guide app (the “App”) is provided to you by The Local Guide Ltd (“we”, “our”, “us”). We are a company registered in Scotland with company number SC594237 whose registered office is at 22 Whitriggs Road, Glasgow G53 7LX.
1.2 You may use the App only as permitted under this end user licence agreement (this “EULA”).
1.3 By ticking the box to indicate your acceptance of this EULA, you agree to accept the terms of this EULA and are legally bound by its terms. If you do not agree to the terms of this EULA, you must not tick the box agreeing to acceptance and you are not permitted to access or use the App.
1.4 Any updates, upgrades or new versions of the App we provide to you shall be deemed to be part of the App and subject to the terms of this EULA.
1.5 This EULA along with the documents referred to in it is the complete agreement relating to your use of the App.
1.6 The version of this Agreement replaces all previous versions with effect from the version date stated above.
1.7 You are responsible for making all arrangements necessary for you to use the App. You are responsible for ensuring that any devices you use in connection with the App meet all relevant technical specifications required to use the App (as appropriate). We shall not be liable to you for any loss, cost, expense or damage arising as a result of any technical incompatibility between the App and any of your devices.
1.8 You are also responsible for ensuring that all persons whom you permit to access the App are aware of the terms of this EULA and that they comply with them.
1.9 The terms of this EULA do not affect your rights under applicable law. For more information upon these rights, please contact your local Citizens Advice Bureau, or equivalent body in your country of residence.
1.10 We have used reasonable endeavours to ensure that the App complies with the laws of Scotland. However, we make no representations, warranties or guarantees that the App is appropriate for use in locations outside Scotland.
1.11 If using the App is contrary to or infringes any applicable law in your place of use, you are not authorised to use the App, and the App is not made available to you.
2 Ordering digital content from us
2.1 Below, we set out how a legally binding contract between you and us is made. By using this App, you warrant that you have the right, authority and capacity to enter into and be bound by this EULA.
2.2 Your right to download, install and/or use the App is also governed by the terms and conditions, as notified to you from time to time as part of the procedure concerning your access to the relevant app store which was used to purchase the App.
2.3 You place an order for digital content by selecting to download the App from the relevant app store. Please read and check your order carefully before submitting it. There will be a one off payment to download the App ("Payment") which shall be specified on the app store and deducted from the card and/or account details which were provided by you to the relevant app store at the point of order on the specified date ("Specified Date") and shall be confirmed prior to you submitting your order.
2.4 Before you place your order you must check that the hardware and software requirements of your computer or device mean that you can download the digital content.
2.5 You place an order with us at the end of the online purchase (e.g. when you click on the 'buy now' button using in-app-purchase). The digital content will download automatically and a legally binding contract will be in place between you and us.
2.6 We do not represent that any material on the App is appropriate for use in locations other than Scotland and will not be liable for any losses incurred as a result of such use. If you choose to access the App from other locations, you are responsible for compliance with local laws if, and to the extent, such local laws are applicable.
2.7 We do not represent or guarantee the truthfulness, accuracy or reliability of any material contained on or obtained by using the App. All such material is intended as information only and does not constitute advice. You acknowledge and agree that any reliance on material contained on or obtained via the App is at your own risk.
2.8 We make no warranty that the contents of the App are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
2.9 We have taken every care in the preparation of the content of the App, however we cannot guarantee uninterrupted and totally reliable access to services provided through the App, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the App and will accept no liability for any loss or damage arising as a result of problems with access.
2.10 We shall not be liable to any person for any loss or damage howsoever caused which may arise from the use of any of the information and materials contained on or obtained via the App.
3 No right to cancel this contract once downloading starts
3.1 When you buy the digital content:
3.1.1 you have no right to cancel this contract once the automatic downloading of it starts; and
3.1.2 you must read the following statement, agree to it, and tick the relevant box when buying the digital content: ‘I hereby consent to immediate performance of this contract when purchasing the tour using in-app-purchase and acknowledge that I will lose my right of withdrawal from the contract once the automatic download of the digital content has begun’.
4 Permission to use the digital content
4.1 When you buy the digital content and download it, you will not own it. Instead we give you permission to use it (also known as a ‘licence’) for the purpose of you using and enjoying it according to this contract.
4.2 The digital content:
4.2.1 is personal to you. You can use it wherever you want in the world but only if you comply with local laws;
4.2.2 is non-exclusive to you. We may supply the same or similar digital content to other users;
4.2.3 may not be:
4.2.3.1 copied by you;
4.2.3.2 changed by you (which means, in particular, that you are not allowed to adapt, reverse-engineer or decompile it, or try to extract the source code from it, except where any of this is allowed by law);
4.2.3.3 combined or merged with, or used in, any other computer program; or
4.2.3.4 distributed or sold by you to any third party,
4.2.4 contains information which is owned by us. You must not conceal, change or remove any markings which show who owns this information, such as copyright (©), registered trade mark (®) or unregistered trademark (™) markings.
4.3 Except where you have permission to use the digital content under this clause 4, you will not obtain any rights of ownership or other rights (of whatever nature) in the digital content or in any copies of it.
4.4 The App will help you to follow a route, not every aspect of a journey. When using the App you should:
4.4.1 update your application to ensure you have the most up-to-date maps;
4.4.2 plan your journey in advance;
4.4.3 not attempt to enter route information or adjust the settings or your device while driving;
4.4.4 position your device safely, out of the way of airbags and not obstructing a driver’s vision;
4.4.5 find a method of using the device that is not distracting to you; and
4.4.6 always make the same observations to keep you safe that you would without the satellite navigation application.
4.5 You are responsible for ensuring the road is safe to travel on. We are not responsible for errors generated by unreported road works or inclement weather. Failure to pay full attention to the operation of your vehicle could result in death or personal injury or damage to your property. You assume total responsibility and risk for using this satellite navigation application.
5 Download
5.1 If something happens during the downloading of the App which:
5.1.1 is outside of our control; and
5.1.2 affects you being able to download the digital content;
we will make the digital content available for download as soon as we can. If your mobile device blocks the automatic download of the digital content or the automatic download does not start, you may have the right to cancel the contract.
6 Information which you upload
Any information which you submit to us through the App, shall be used by us in the course of business and you hereby warrant that you are the owner of any material uploaded to the App and grant to us a non-exclusive, perpetual, royalty free licence to use that information in so far as necessary to enable us to provide the App.
7 Location
Once you have downloaded the App, it is essential for the App to operate that it tracks the location of your mobile device. Accordingly, you must ensure that any such location tracking services are enabled on your device.
8 System requirements
8.1 In order to use the App, you are required to have a compatible mobile telephone or handheld device, and the necessary minimum specifications ("Software Requirements").
8.2 The Software Requirements are as follows:
8.2.1 Apple iOS devices running iOS 9 and up; and
8.2.2 Android OS devices running Android OS, Android 5 and up.
8.3 The App will be available in English only.
8.4 The version of the App software may be upgraded from time to time to add support for new functions and services.
9 Availability
9.1 We will use reasonable efforts to make the App available at all times. However you acknowledge the App is provided over mobile and GPS networks and so the quality and availability of the App may be affected by factors outside our reasonable control.
9.2 We do not accept any responsibility whatsoever for unavailability of the App, or any difficulty or inability to download or access content or any other communication system failure which may result in the App being unavailable.
9.3 We have taken every care in the preparation of the content of the App, however we cannot guarantee uninterrupted and totally reliable access to the App, and therefore cannot guarantee that the information will always be completely up to date and free of mistakes. To the extent permitted by applicable law, we disclaim all warranties, express or implied, as to the accuracy of the information contained in any of the materials on or obtained via the App and will accept no liability for any loss or damage arising as a result of problems with access.
9.4 We may suspend the operation of the App or any part of it at any time and for any reason whatsoever, including but not limited to repairs or upgrades, and shall not be liable to you for any such suspension.
9.5 We will not be responsible for any support or maintenance for the App.
10 Nature of the digital content
10.1 The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, that the digital content:
10.1.1 is of satisfactory quality;
10.1.2 is fit for purpose; and
10.1.3 matches its description.
10.2 We must provide you with digital content that complies with your legal rights.
10.3 When we supply the digital content:
10.3.1 we will use all reasonable efforts to ensure that it is free from defects; viruses and other malicious content
10.3.2 we do not promise that it is compatible with any third party software or equipment except where we have said that it is in the guide to its use or on our website; and
10.3.3 you acknowledge that there may be minor errors or bugs in the App.
11 Faulty digital content
11.1 Nothing in this contract affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
11.2 To avoid faults happening, you must:
11.2.1 install any fixes, updates, upgrades, new releases and new versions as soon as reasonably possible after we tell you that they are available to be downloaded; and
11.2.2 use it only on the recommended third party software and equipment set out in the guide to its use or on our website.
12 Limit on our responsibility to you
12.1 To the fullest extent permissible by law in no event shall we be liable to you for:
12.1.1 death or personal injury (except where arising due to our negligence);
12.1.2 any event caused due to you using the App while driving or in control of a vehicle;
12.1.3 any loss, cost, damage or expense not considered likely to arise at the date of your acceptance of the terms of this EULA; or
12.1.4 any incidental, special, indirect or consequential loss, cost, damage or expense,
regardless of the basis for such liability, whether under contract, delict, or otherwise, and even if we have been advised of the possibility of such liability.
12.2 We shall not be liable for consequential, indirect or special losses.
12.3 Except as expressly stated in this EULA, all warranties and conditions whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.
13 Data we gather from you
13.1 We will use your Personal Data in accordance with our privacy policy, which can be accessed at: www.the-local-guide.co.uk.
13.2 You acknowledge and agree that we have the right to contact you by email or phone as provided by you to inform you about information relating to our App and related services. We will not pass any of your contact details to third parties.
14 Breach
14.1 Any breach of the terms of this EULA is a violation of our rights and (if applicable) those of our licensors, service providers and third parties. If you breach the terms of this EULA you may incur liability (both criminal and civil) and become subject to court action.
14.2 If we have reason to believe that you have breached the terms of this EULA or are likely to breach the terms of this EULA we may take action to protect ourselves, our licensors, service providers and third parties from liability, including but not limited to:
14.2.1 contacting relevant third parties and disclosing information collected from you or concerning you;
14.2.2 changing, suspending, removing, or disabling access to the App without notice; or
14.2.3 imposing limits on your use of or access to certain parts of the App,
and in no event will we be liable to you for any action taken pursuant to this clause 14.
15 Termination
15.1 This EULA shall remain in effect until (i) you have deleted the account created by you for using the App; or (ii) the EULA has otherwise terminated in accordance with its terms.
15.2 We shall have the right to terminate this EULA where you breach the terms of this EULA.
15.3 In the event this EULA terminates all rights you have under this EULA shall also terminate, including your right to use the App.
15.4 In the event that this EULA terminates any provision which by implication is intended to survive its termination shall remain binding upon you.
15.5 Termination of this EULA is without prejudice to any obligations which are intended to apply afterwards.
16 Disputes
16.1 We will try to resolve any disputes with you quickly and efficiently.
16.2 If you are unhappy with:
16.2.1 the digital content;
16.2.2 our service to you; or
16.2.3 any other matter,
please contact us as soon as possible on email at [email protected].
16.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1 let you know that we cannot settle the dispute with you; and
16.3.2 give you certain information required by law about alternative dispute resolution.
16.4 Subject to the following paragraph, you and we agree that our agreement is governed by the law of Scotland and that any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts of Scotland.
16.5 Regardless of the above paragraph, you and we agree that if you are resident in a part of the United Kingdom other than Scotland, the law of that part of the United Kingdom will apply to our agreement and any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will be dealt with by the courts located there.
17 Third party rights
No one other than a party to this contract has any right to enforce any term of this contract.
