PLEASE READ THESE TERMS CAREFULLY
WHO WE ARE AND WHAT THIS AGREEMENT DOES
SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom ( Spelfie).
The reference to “we”, “our” and “us” in these Terms means Spelfie.
Spelfie is a wholly owned subsidiary of Tripsology Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom ( Tripsology)). Spelfie and Tripsology are together referred to as the “Tripsology Group“.
- the “Spelfie” mobile application software operated by Spelfie ( Spelfie App)
- the website at www.spelfie.com operated by Spelfie (Spelfie Website)
(together the “Products“).
To provide the Products we must process information about you. The types of information we collect depends on which Products you use and how you use them. We only use any personal data we collect in the ways set out in our privacy notice.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Products may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
TERMS THAT APPLY
These Terms shall apply to your use of the Spelfie App and the Spelfie Website.
SUPPORT FOR THE PRODUCTS AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the Products or have any problems using them please take a look at our support resources at https://spelfie.zendesk.com/hc/en-gb .
Contacting us (including with complaints). If you think the Products are faulty or misdescribed, you have any concerns about material which appears in our Products, or you wish to contact us for any other reason then please email our customer services team at email@example.com.
How we will communicate with you . If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
1.2 Please read these Terms carefully before you start to use any of the Products. By using the Products (or any of them), you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the Products.
1.3 The reference to “you” or “your” in these Terms means the person or organisation registering on and using the Products.
1.4 The ways in which you can use the Spelfie App may also be controlled by the rules and policies of App Store or Google Play store.
1.5 The minimum system requirements required to download and operate the relevant version of the Spelfie App will be set out on the App Store and Google Play store.
2. Age Restriction
2.1 The Spelfie App is for persons aged 13 years of age and older. In the event that you are (a) under 13 years of age, or (b) prohibited under any applicable laws from accessing or using the Products, please do not purchase, access or use the Spelfie App.
2.2 If you are 13 years of age or older but under 18 years of age and you are not prohibited under any applicable laws from accessing or using the Products, you must have the permission of your parent or legal guardian to use the Spelfie App. Please have your parent or legal guardian read these Terms with you. If you are a parent or legal guardian, by allowing your child to use the Spelfie App, you are subject to these Terms and responsible for your child’s use of the Spelfie App.
2.3 In order to comply with applicable law, it may be necessary for us to restrict access to the Spelfie App for persons below a certain age at events where there is the promotion of alcohol, gambling or other products which have an age restriction on their promotion.
3. Accessing the Products
3.1 You may be required to complete a registration form when registering for the Spelfie App. If you are completing a registration form, you are indicating that you have read these Terms and each of the policies referred to in these Terms. You must not register on, or login to, the Spelfie App using someone else’s details. We may refuse the creation of an account on the Spelfie App for any reason.
3.2 Access to the Products is permitted on a temporary basis, and we reserve the right to withdraw or amend the Products without notice. We will not be liable if for any reason any of the Products are unavailable at any time or for any period. You are permitted to use and access the Products on a personal, non-commercial basis. You may not transfer the Products to someone else, whether for money or otherwise.
3.3 From time to time, we may restrict access to the Products (or any parts of the Products), to users who have registered with us.
3.4 You will ensure that your use of the Products is carried out in accordance with all applicable data protection laws and other applicable laws, licences, codes of practice and regulations. You acknowledge that all information, features, services and facilities offered as part of the Products may not be subject to the same legislation applicable to your country of use and accordingly you transact and utilise the Products at your own risk.
3.5 If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
3.6 When using the Products, you must comply with the provisions of the Acceptable Use Policy.
3.7 You are responsible for making all arrangements necessary for you to have access to the Products. You are also responsible for ensuring that all persons who access the Products through your internet connection are aware of these Terms and that they comply with them.
3.8 If you download or stream any of the Products onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
3.9 You may receive and use any free supplementary software code or update of the Spelfie App incorporating “patches” and corrections of errors as we may provide to you.
4. Intellectual property rights
4.1 We are the owners (or the licensees) of all intellectual property rights in the Products. Those rights are protected by laws and treaties around the world. All such rights are reserved.
4.2 The Products are licensed (not sold) to you. You have no intellectual property rights in, or to, the Products other than the right to use them in accordance with these Terms.
4.3 You may print off and may download extracts of any page(s) from the Products for your personal reference and you may draw the attention of others to material posted on the Products.
4.4 You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any images, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
4.5 Our status (and that of any identified contributors) as the authors of material in the Products must always be acknowledged.
4.6 You must not use any part of the materials in the Products (including, without limitation, the satellite images provided by Airbus SE (or any of its group companies) (Airbus)) for commercial purposes without obtaining a licence to do so from Spelfie or, where applicable, the relevant licensor.
4.7 If you print off, copy or download any part of the Products in breach of these Terms, your right to use the Products will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
4.8 You agree that you will:
4.8.1 not rent, lease, sub-license, loan, provide, or otherwise make available the Products in any form (in whole or in part) to any person without prior written consent from us;
4.8.2 not copy the Products (in whole or in part) except as part of the normal use of the Products or where it is necessary for the purpose of back-up or operational security;
4.8.3 not translate, merge, adapt, vary, alter or modify, the whole or any part of the Products nor permit the Products or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Products on devices as permitted in these Terms;
4.8.4 not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Products nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the UK Copyright, Designs and Patents Act 1988 (as amended)) such actions cannot be prohibited because they are necessary to decompile the Products to obtain the information necessary to create an independent program that can be operated with the Products or with another program ( Permitted Objective), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without the relevant licensor’s prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Products;
- is kept secure; and
- is used only for the Permitted Objective;
4.8.5 comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Products.
4.9 Your use of the satellite images provided by Airbus in the Products is also subject to the Airbus end user licence agreement.
5. Reliance on information posted
5.1 Commentary, information and other materials posted on the Products are not intended to amount to advice on which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on such commentary, information and materials by any visitor to the Products, or by anyone who may be informed of any of its contents.
5.2 We are not obliged to identify to you any content or material which is incorrect, out of date, superseded or incomplete, nor are we obliged to update, correct or complete such content. We hereby disclaim any express or implied warranties as to the completeness or accuracy of the Products.
6. Updates and access to the Products
6.1 Spelfie aims to update the Products regularly and may change the content at any time. If the need arises, Spelfie may suspend access to the Products, or close them (or any of them) indefinitely.
6.2 The Products are currently provided to users free of charge. Spelfie reserves the right to offer alternative or enhanced versions of the Products which require payment for access. In such event, these Terms shall be updated to reflect any payment terms and you shall be notified accordingly by email, SMS or via the Products.
6.3 Whilst we try to ensure that access to the Products is always available, from time to time we may decide to temporarily restrict or block access to, or use of, all or part of the Products without notice and reserve the right to do so, whether for the purpose of servicing the Products or otherwise. We do not warrant that the Products, or any part of them, will be available at all times, and you acknowledge and accept this. We accept no liability, no matter how that may be caused, arising from any unavailability, interruption, defect or loss of access to or function of the Products or any part of it at any time.
6.4 From time to time we may automatically update the Products (or any of them) to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Products (or any of them) for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the relevant Products or the functionality of the relevant Products may be affected.
6.5 Where we use geofencing in respect of a Spelfie event then you may not be able to participate in the event using the Spelfie App unless you are located within a specific geographic area.
7. Collection of data
7.1 By using the Products, we may collect and use technical information about the devices you use the Products on and related software, hardware and peripherals to improve the Products and to provide any services to you.
7.2 The Products may make use of location data sent from your devices. You can turn off this functionality at any time by turning off the location services settings for the Products on the device. If you use these Products, you are allowing us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based products and services. You may stop us collecting such data at any time by turning off the location services settings in your device.
8. Our liability
8.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.
8.2 We are not liable for business losses. The Products are for domestic and private use. If you use the Products for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
8.3 The Products are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Products. Although we make reasonable efforts to update the information provided by the Products, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
8.4 The Products have not been developed to meet your individual requirements. Please check that the facilities and functions of the Products (as described on the Spelfie Website, App Store or Google Play store) meet your requirements.
8.5 We are not responsible for events outside our control. If our provision of the Products or support for the Products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Products you have paid for but not received.
8.6 We have no control over the weather conditions at an event (including, without limitation, cloud coverage and shadows which may cause the event location to be obscured (in whole or in part) in a satellite image) and we will not have any liability to you in respect thereof. In addition, (a) due to the nature of satellite imagery, the quality of the image may vary or there may be technical issues with the satellite which prevents an image being taken, (b) your location pin in Spelfie images may not be accurate, and (c) we have no control over (i) connectivity at the event location, (ii) your network supplier, (iii) third party providers of images or video, and (iv) any other reason outwith our control, which may cause a failure or delay in the delivery of the Spelfie image or video to you, and in each of these foregoing circumstances we will not have any liability to you. You acknowledge and agree that we may edit Spelfie images and videos, and remove or obscure any images(s) or content in the Spelfie images (either manually or using filtering software), and in these circumstances we will not have any liability to you.
8.7 We are not responsible for any loss or damage that is not foreseeable.
8.8 Our liability to you in all circumstances arising under these Terms will be limited to GBP £20 except where it would be unlawful to do so.
9. Privacy Notice
We process information about you in accordance with our Privacy Notice. By using the Products you confirm that you have read and understood the Privacy Notice and that all data provided by you is accurate.
10. Transactions concluded through the Products
Contracts for the supply of goods, services and/or information with third parties formed through the Products or as a result of visits made by you are governed by the relevant third parties’ terms and conditions of supply.
11. Uploading material to the Products
11.1 Whenever you make use of a feature that allows you to upload material to the Products, or to make contact with other users of the Products, you must comply with the content standards set out in the Acceptable Use Policy.
11.2 For any material (including, without limitation, your name, profile picture and any videos, images or selfies) you input or upload to the Products you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide licence to use, modify, adapt, reproduce, make derivative works, publish, copy, distribute, transmit and disclose to third parties any such material in order to provide services to you or for any other purpose.
11.3 We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Products.
11.4 You must not upload any content or materials (including, without limitation, any images) which would result in a breach of a third party’s intellectual property rights or infringes the privacy and/or other rights of any other person.
11.5 We have the right to remove any content, material or posting you make on the Products if, in our opinion, (a) such content, material or posting does not comply with the content standards set out in the Acceptable Use Policy, or (b) there is a breach by you of these Terms.
11.6 We may at our sole discretion remove (or use software to filter content and remove) potentially infringing content and material (including, without limitation, trade marks and copyright protected materials contained in a selfie which you upload to the Spelfie App).
12. Viruses, hacking and other offences
12.1 You must not misuse the Products by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Products, the server on which the Products are stored or any server, computer or database connected to the Products. You must not attack the Products via a cyber-attack, denial-of-service attack or a distributed denial-of service attack.
12.2 By breaching this provision, you would, without limitation, commit a criminal offence under the Computer Misuse Act 1990 (as amended or replaced from time to time). We may report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Products will cease immediately.
12.3 We will not be liable for any loss or damage caused by a cyber-attack, distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Products or to your downloading of any material posted on it, or on any website linked to it.
13. Linking to the Spelfie Website
13.1 You may link to the Spelfie Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
13.2 You must not establish a link from any website that is not owned by you.
13.3 The Spelfie Website must not be framed on any other website.
13.4 We reserve the right to withdraw linking permission without notice.
14. Links from the Products
14.1 Where the Products contain links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those websites or resources or privacy notices and accept no responsibility for them or for any loss or damage that may arise from your use of them.
14.2 We give no undertaking that any goods or services purchased from third parties who have links on the Products will be of satisfactory quality and any such warranties are disclaimed to the fullest extent permitted. When you access any such websites belonging to other companies or persons you will become subject to the terms and conditions and policies which apply to those websites or domains. It is your responsibility to ensure that you are familiar with and willing to accept them.
14.3 The Products will allow you to share content via your profile on various social media and other shared-content platforms. When you share content in this manner you also become subject to the terms, conditions and policies of those third parties. We disclaim any liability associated with your use of those services or for your failure to view, comply or familiarise yourself with their terms, conditions and policies.
14.4 Where the Products contain links to other websites and resources provided by third parties we may earn a commission on purchases made by you through such links.
14.5 The following provisions shall apply in respect of promotional codes, vouchers, special offers and/or discounts of the Spelfie event sponsor or third parties provided by us through the Spelfie App or by email (the “Offers” and each an “Offer” ):
14.5.1 where you obtain an Offer then you agree that the Offer is subject to third party terms and conditions. Any personal information you provide to such third party will be governed by its privacy notice;
14.5.2 the Offers are subject to availability and may only be available for so long as stocks last. We will not be liable (a) for any such sponsor’s products or services, or (b) if the Offer is not available from or fulfilled by such sponsor; and
14.5.3 there may be an age restriction on the Offer.
15.1 We reserve the right, at our sole discretion, to suspend or terminate your use of the Products at any time without notice.
15.2 Your account may be suspended or closed if we consider, in our sole discretion, that you have at any time brought the Products (or any of them) into disrepute or are in breach of these Terms or any of the policies referred to in these Terms.
15.3 If we end your rights to use the Products you must stop all activities authorised by these Terms, including your use of the Products.
17. Internet communications
We reserve the right to monitor all internet communications, including without limitation web and email traffic in respect of the Products for the purposes of security, ensuring compliance with these Terms, and detecting fraud and other crimes.
18. Transferring these Terms
18.1 We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens.
18.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
19. Trade marks
www.spelfie.com is a trade mark of Spelfie
“gravity not included” is a trade mark of Spelfie
“Spelfie” is a registered trade mark of Spelfie
“Airbus” is a registered trade mark of Airbus
20.1 We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce.
20.2 We will give you notice of any change by sending you an email, SMS or push notification with details of the change or notifying you of a change when you next start the relevant Product.
20.3 If you do not accept the notified changes you may be unable to continue to use the Products.
If any of these Terms (or part thereof) is declared to be unlawful, invalid, void or for any reason unenforceable, this will have no effect on the validity and enforceability of the remaining provisions (and parts thereof) of these Terms and shall be replaced by an enforceable provision which reflects the closest position to that intended by the unlawful, invalid, void or unenforceable provision.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
23. No rights for third parties
Except where Airbus has the right to enforce their end user license agreement against you pursuant to clause 4.9 above, these Terms do not give rise to any rights of third parties to enforce any term of these Terms.
24. Jurisdiction and applicable law
24.1 These Terms are governed by Scots law.
24.2 Any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts. Notwithstanding the foregoing, if you are a consumer (as defined in the Consumer Rights Act 2015) then:
24.2.1 if you live in England you can bring legal proceedings in either the Scottish or English courts;
24.2 if you live in Northern Ireland you can bring legal proceedings in either the Northern Irish or the Scottish courts;
24.3 if you live in the European Union (“EU”) or the European Free Trade Area (“EFTA”) then you can only raise a claim in the Scottish courts unless the United Kingdom becomes a signatory to the Lugano Convention or otherwise which provides that, notwithstanding any jurisdiction provisions in an agreement with a consumer, a consumer in the EU and EFTA may raise a claim in the state in which they live; and
24.4 if you live elsewhere or in all other circumstances then any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts.
Updated: September 2021
ACCEPTABLE USE POLICY
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE PRODUCTS
WHO WE ARE
SPELFIE LIMITED is a company incorporated and registered in Scotland with company number SC575621 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Spelfie).
The reference to “we”, “our” and “us” in this Policy means Spelfie.
Spelfie is a wholly owned subsidiary of Tripsology Limited (being a company incorporated and registered in Scotland with company number SC422229 and having its registered office at 8th Floor, 80 St Vincent Street, Glasgow G2 5UB, Scotland, United Kingdom (Tripsology)). Spelfie and Tripsology are together referred to as the ” Tripsology Group“.
The terms of this acceptable use policy (Policy) apply to the following:
- the “Spelfie” mobile application software operated by Spelfie Limited (App)
- the website at www.spelfie.com operated by Spelfie Limited (Spelfie Website)
(together the “Products“).
WHAT’S IN THIS POLICY?
This Policy sets out the content standards that apply when you upload content to our Products, make contact with other users of our Products, link to our Products, or interact with our Products in any other way,
BY USING OUR PRODUCTS YOU ACCEPT THESE TERMS
By using our Products, you confirm that you accept the terms of this Policy and that you agree to comply with them. If you do not agree to the terms, you must not use our Products.
THERE ARE OTHER TERMS THAT MAY APPLY TO YOU
WE MAY MAKE CHANGES TO THE TERMS OF THIS POLICY
We amend this Policy from time to time. Every time you wish to use our Products, please check the Policy to ensure you understand the terms that apply at that time.
You may use our Products only for lawful purposes. You may not use our Products:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to access without authority, interfere with, damage or disrupt:
- any part of our Products;
- any equipment or network on which our Products are stored;
- any software used in the provision of our Products; or
- any equipment or network or software owned or used by any third party.
These content standards apply to any and all materials (including, without limitation, any images) which you post, upload and contribute to our Products (Contribution), and to any Interactive Services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- Be accurate (where it states facts).
- Be genuinely held (where it states opinions).
- Comply with Scots law and in any country from which it is posted.
A Contribution must not:
- Be defamatory of any person.
- Be obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right, trade mark or other intellectual property right of any other person.
- Be likely to deceive any person.
- Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity or activity likely to cause harm.
- Be in contempt of court.
- Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person.
- Give the impression that the Contribution emanates from us, if this is not the case.
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
- Contain any advertising or promote any services or web links to other sites.
BREACH OF THIS POLICY
When we consider that a breach of this Policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use the Products.
- Immediate, temporary or permanent removal of any Contribution uploaded by you to our Products.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
This Policy is governed by Scots law. Any dispute or claim under this Policy will be subject to the exclusive jurisdiction of the Scottish courts. Notwithstanding the foregoing, if you are a consumer (as defined in the Consumer Rights Act 2015) then (a) if you live in England you can bring legal proceedings in either the Scottish or English courts, (b) if you live in Northern Ireland you can bring legal proceedings in either the Scottish or English courts, (c) if you live in the European Union (“EU”) or the European Free Trade Area (“EFTA”) then you will only be able to raise a claim in the Scottish courts unless the United Kingdom becomes a signatory to the Lugano Convention (or other convention or agreement) which provides that, notwithstanding any jurisdiction provisions in an agreement with a consumer, a consumer in the EU and EFTA may raise a claim in the state in which they live, and (d) if you live elsewhere or in all other circumstances then any dispute or claim will be subject to the exclusive jurisdiction of the Scottish courts.