4 April 2021
Acknowledgment and acceptance of our terms of service
By accessing or using any part of the content, properties or Services available to you on or through our website or App you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions. You further acknowledge that these terms are a contract between you and Staffscanner Limited (SC566169) ("Staffscanner"), even though they are electronic and are not physically signed by either party your use of our platform deems your acceptance and continued acceptance of our Terms of Conditions which are subject to change. If you are entering into this agreement on behalf of a company, Care Service Provider, business or other legal entity (“Client Entity”), you represent that you have the authority to contractually bind such Client Entity to this agreement in which case the terms “you” or “your” or “Client”, “Care Service Provider” will refer to such Client Entity. IF YOU DO NOT HAVE SUCH AUTHORITY TO CONTRACTUALLY BIND SUCH CLIENT ENTITY TO THESE TERMS AND CONDITIONS, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR USE THE STAFFSCANNER WEBSITE OR APP.
Updates to our Terms and Conditions
Staffscanner reserves the right, at its sole discretion, to change or modify our Terms and Conditions at any time and without actual notice to you. Staffscanner will post any changes to these terms and conditions on the website or app and will indicate at the top of this page the date these terms were last revised. It is your responsibility to check our terms and conditions any time you login to our platform for any changes, as they are binding on you. Your continued use of Staffscanner after the date any such changes become effective constitutes your acceptance of the new or revised terms and conditions
Staffscanner is an online and mobile platform that matches and connects Registered Nurses, Senior Healthcare Workers and Healthcare Workers (referred to as “Professionals” or “Users”) directly with Care Providers (“Clients”) that require to fill temporary shifts or assignments.
The “Platform” includes (a) our website located at http://www.staffscanner.co.uk (the “Site”) and mobile app (our “App") (b) Staffscanner technology platform is designed to match and connect care professionals to care providers needing to fill temporary shifts and (c) all data, reports, text, images, sounds, video and content made available through any of the foregoing (collectively the “Content”).
Our “Matching Services” (“Services”) involve using any and all features, functions and content of our Service to identify (with reference to price point, location and availability) suitable professionals for clients to engage.
For ease of reference, the Site, Network, Matching Service, User profiles, our proprietary information and any other Staffscanner products or services are collectively referred to in these terms and conditions as “Staffscanner Properties.”
“Staffscanner Properties” include all such elements as a whole, as well as individual elements and portions thereof. Nothing in these terms and conditions obligates;
(a) a Client to engage any particular Professional for any work
(b) Staffscanner to provide you with Matching Services or
(c) Staffscanner to identify Professionals for a Client's particular needs.
Professional: any registered nurse, senior carer, carer, registered manager, or any other healthcare professional.
Care Provider or Client: a company that engages and pays for the services of a Professional.
Shift: any period of time during the day or night of 12 hours or less.
Assignment: a period of employment greater than a single shift.
Engage: the engagement of a Professional by a Client.
Active user: a Professional or Client who engages with Staffscanner to either services as or engage a Professional.
Day: a period or shift within the hours of 0 6 : 00 – 18 :00hrs
Night: a period or shift within the hours of 18 : 00 – 06 :00hrs
Weekday: Monday to Thursday (excluding Bank Holidays)
Weekend: Friday to Sunday (excluding Bank Holidays)
Base Hours: is the duration of a shift or assignment specified by the Care Provider when the shift or assignment was advertised through the Matching Service and accepted by a Professional
Account Registration and Compliance
You acknowledge and agree to provide true, accurate, current and complete information about yourself as prompted by the registration form. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to inform Staffscanner immediately or update on your online profile. Failure to do so may result in your account being suspended or terminated without notice and future use of our site thereafter being refused.
Staffscanner has a robust compliance and account registration process which is mandatory and includes meeting a member of the compliance team. Staffscanner at its sole discretion (without giving reason or explanation) can refuse Professionals or Clients access to the Staffscanner Properties prior to signing up, during the signing up process or at anytime thereafter. It is our policy not to divulge any reason for doing so. Furthermore, if a Professional has five or more ratings of two stars or below they will be removed from the system without explanation or notice, this is to ensure quality assurance and good care delivery.
During the registration process you will be asked to provide referee details for both your current/most recent and previous employers, in order that we may obtain references to establish your suitability for the role for which you have applied. Due to the current pandemic we may also accept alternative forms of care employment evidence such as pay slips/P45.
Prior to signing up to the service, during our vetting process, or any time thereafter as well as in our performance of periodic checks, if information is inaccurate or raises any concerns (at our sole discretion) then you may be suspended from the platform without consultation, you may also be subject to disciplinary action, including but not limited to dismissal.
Where applicable we reserve the right to reject any documents submitted as part of our User registration of which we are under no obligation to test the accuracy or authenticity.
As part of the registration process, you will need to provide an account username and password of which you are solely responsible for maintaining the confidentiality and security. You agree to (a) notify Staffscanner immediately of any unauthorised use of your account or if you know or suspect that anyone other than yourself has knowledge of your username or password (b) accept responsibility for all activities that occur on your account including liability resulting through unauthorised usage unless such use is due to the negligent act or omission of Staffscanner. Professionals acknowledge that Staffscanner will perform relevant checks as it sees fit in its sole discretion which include but are not limited to PVG Disclosure checks (the cost of which will be deducted from their first successfully completed shift or which Professionals may be requested to pay in advance), NMC, SSSC, SVQ, educational, right to work and all other relevant information to verify that the Professional is permitted to work with the relevant client group. We reserve the right at our sole discretion to remove or prevent any Professional or Client from signing up or remove them either on a temporary or permanent basis – if we do so no correspondence or notice will be given to the Professional or Client.
Care Providers - posting a Shift When a Client submits or asks Staffscanner to submit on its behalf a shift, assignment or job opportunity on our platform, they warrant and represent that (a) the shift, assignment or job opportunity is true, accurate, current and refers to a genuine opportunity (b) they will cancel the shift, assignment or job opportunity if the shift,
assignment or job opportunity posted by Client is withdrawn, becomes inaccurate or non-current.
Clients acknowledge and accept that we cannot guarantee any shift, assignment or job opportunities posted via our Services will result in the position being filled.
Without limitation Clients acknowledge and agree not to use our Services to submit (whether directly or by requesting Staffscanner to submit on their behalf) shift, assignments or job opportunities that (a) might reasonably be regarded by Staffscanner as “spam” or may otherwise tend to cause annoyance or inconvenience to other users of our Services (b) breaches any applicable law or regulation, (c) impersonates any person, or misrepresents the Client's identity or suggests affiliation with any person.
Once a Shift (“shift,” “assignment,” or “engagement opportunity”) has been accepted by the Client, the Client will be able to access a copy of the Professional's Profile confirming their identity, a summary of completed third party checks including but not limited to (identity, right to work, disclosure checks, Nursing PIN Number, SSSC registration number), their employment history, training, any relevant qualifications and any other information uploaded by the Professional.
Client obligations The Care Provider acknowledges and accepts their responsibility to provide a safe working environment along with safe and appropriate equipment for the tasks to be completed by the Professional. The Care Provider commits to orientating the Professional at the start of the shift with regards to any relevant risk assessments, including fire procedures, applicable rules and policies including but not limited to health and safety, security, and any local regulations.
The Care Provider will ensure during the course of the Professional's engagement they are not subject to discrimination by any of the Care Provider's employees, service users or any other third party. The Care Provider shall ensure the Professional is able to take the same refreshment breaks, meals and facilities as the Care Provider's own staff which for the purpose of the Shift are not deductible and must be paid at the Professional's hourly rate.
The Care Provider acknowledges and accepts Staffscanner has no responsibility or liability for (a) the quality of services performed by the Professional (b) resolving, mediating or otherwise any disputes between the parties (however at its sole discretion Staffscanner may opt to undertake an investigation) (c) any losses arising from the negligent, wrongful, dishonest or fraudulent acts, omissions or misrepresentations of any Professional (d) any losses arising from the theft, destruction, deletion or damage of or to any data, computer systems, possessions or materials by any Professional (e) any loss of profit, business, revenue, goodwill, anticipated savings and/or any claims made under third party contracts, arising out of any failure by Staffscanner to perform any obligations under this Agreement.
Cancelling a Shift / Assignment Policy
Shifts or assignments can be cancelled by either the Care Service Provider or Health Care Professional up to 24 hours prior to the Shift starting free of any fees/charges or resulting in any disciplinary action.
Care Service Providers that cancel a shift or assignment within 24 hours of the shift or assignment starting time will be charged 50% of the assignment value and the full charge which would be payable to Staffscanner had it proceeded.
Staffscanner is entitled to send any healthcare professional to an assignment within reasonable distance of the cancelled assignment.
Health Care Professionals that cancel a shift or assignment within 24 hours of the shift or assignment starting or during a shift will be subject to disciplinary action and potentially be removed from the Staffscanner platform.
Health Care Professionals that fail to attend for an assigned shift or assignment will have their account suspended and possibly terminated pending an investigation.
Health Service Professionals that go absent (for any reason) during a shift or assignment that has started (unless expressly agreed between the Health Care Professional and Care Service Provider in writing) will result in the Health Care Professional's account being suspended and may be prohibited from using the platform pending an investigation.
As soon as Staffscanner becomes aware of a Health Care Professional cancelling their “Shift”, Staffscanner will notify the Care Service Provider immediately and use its reasonable endeavours to source a replacement using the platform. The Care Service Provider should also “reassign” the shift in order that other Health Care Professionals can see the shift and apply to this shift.
If either a Care Service Provider or Health Care Professional cancels a shift or assignment less than 24 hours before the shift or assignment starting, Staffscanner reserves the right at its sole discretion to suspend or terminate the Care Service Provider's or Health Care Professional's account without notice and refuse future use of our site thereafter.
If a Care Service Provider, acting reasonably and in a non-discriminatory fashion believes a Health Care Professional is unsuitable to perform the “Shift” once they have arrived at the relevant premises and / or the provision of services by the Health Care Professional has commenced, the Care Service Provider shall terminate the “Shift” on the platform and notify Staffscanner immediately in writing, giving the grounds for its dissatisfaction. The Care Service Provider will be charged for any completed services (rounded up to the next hour) plus a cancellation charge of 50% of the remaining Shift or Assignment.
In any event, the Care Service Provider acknowledges and agrees that Staffscanner shall have no liability to the Care Service Provider whether in contract, delict (including negligence), breach of statutory duty, or otherwise, for any loss, expenses, damage or delay arising from the Professional cancelling, failing to turn up for or going absent from a “shift” that has commenced.
Fees and Payment
Professional fees the hourly rate (£/hr) offered on behalf of the Care Service Provider by Staffscanner when the shift or assignment was accepted by the Health Care Professional multiplied by the number of hours worked (including the employee on- costs and Staffscanner Fees).
Staffscanner fees Staffscanner will charge the Care Service Provider a fee based on the Care Service agreement.
The Care Service Provider will be charged the Health Care Professional's hourly rate for the hours / time specified when the Shift was accepted by the Health Care Professional (these are known as the “base hours”). Any time worked over and above the “base hours” by the Health Care Professional will be rounded up to the nearest 30mins and charged at their hourly rate.
Unless the shift is cancelled by the Care Service Provider (see cancellation policy) the Health Care Professional will not be paid any less than the base hours.
Staffscanners fees will be charged for the base hours when the Shift was assigned.
When a Health Care Professional works more than the base hours, Staffscanners fees will be calculated by reference to the actual period worked rounded up to the next full hour.
Unless the shift is cancelled by the Care Service Provider (see cancellation policy) Staffscanner will not be paid any less than the base hours.
Upon completion of the Shift, Staffscanner will issue our Invoice and the Health Care Professional's invoice which will be calculated according to the amount of time worked by the Health Care Professional, payment for which must be paid in full within 14 days of the date of the invoice using one of the payment methods specified on the invoice. If the Care Service Provider fails to pay by the due date, we may (a) charge the Care Provider interest on amounts outstanding at a rate of 8 % per annum above the Bank of England base rate which shall accrue daily from the due date until payment of the overdue amount, (b) remove any Shift or job advertisement placed by the Care Provider via the Services and suspend your account.
If any Care Service Provider wants to use the Health Care Professional without using the platform at any time up to 6 months after the Care Service Provider last used Staffscanner platform, then a resourcing and finder’s fee shall apply as detailed in the Terms of Business provided to you.
These fees shall be payable immediately. Failure to adhere to this will result in the Care Service Provider being removed from the platform altogether.
All fees are stated exclusive of VAT which is also payable if applicable.
Specific Terms of Engagement for Professionals
Health Care Professionals acknowledge and accept responsibility for (a) checking the nature of the Care Provider's business, the details of the engagement, hours, and location before accepting a proposed engagement (b) for negotiating and agreeing any specific terms and conditions relating to the shift with the Care Service Provider.
Staffscanner accepts no responsibility for any terms of engagement agreed between the Health Care Professional and the Care Service Provider once the Shift has been assigned (with the exception of the resourcing and finder's fee that shall be applicable for the designated 6 - month period).
You (Health Care Professional) acknowledge and accept that payment for services completed by you (or any cancellation charge) will be paid directly by the Care Service Provider and that Staffscanner has no liability for late or non-payment of your fees.
Before you (Health Care Professional) can start using our Services, you will need to register (see account registration).
To continue using our Service, Health Care Professionals acknowledge and agree to maintain your information provided at registration making sure it remains current, true, accurate and complete. Failure to do so will result in your account being suspended and may result in disciplinary action including dismissal from the Staffscanner platform.
Duty of Care All Health Care Professionals acknowledge their “primary” duty of care is to the resident/patients/service users to which they are charged. Safeguarding of resident/patients/service users and the effective reporting of adverse incidents is an integral part of resident/patients/service users’ care. The Health Care Professional’s duty to safeguard resident/patients/service users is required by professional regulators, service regulators and supported in law. If a Health Care Professional has cause to raise a safeguarding concern during or following a shift the primary point of contact should be the Manager at the Care Service Provider's premises. In all circumstances the Health Care Professional must contact Staffscanners Safeguarding and Whistleblowing Officer as soon as possible on [email protected]
Performance rating Our primary purpose is to ensure the Health Care Professionals deliver the best care possible and remain accountable to those they care for. As a result, any Health Care Professional who receives less than the expected ratings, at the sole discretion of Staffscanner will have their accounts suspended. Care Service Providers are required to rate the performance of any Health Care Professional engaged by them at the end of the Shift or Assignment as follows (a) Reliability & Punctuality (b) Professionalism (c) Clinical Ability and Knowledge (relevant to position) (d) Communication & Kindness.
Data Protection (GDPR) Staffscanner and any Care Service Provider that receives and/or processes “User's” (Health Care Professional's) personal data shall comply at all times with the General Data Protection Regulations 2018, Data Protection Act 2018 and any other applicable data protection laws (together "Data Protection Law") and shall not perform its
obligations under these Terms in such a way as to cause the other to breach any of its obligations under data protection law.
The Health Care Professional acknowledge that the data supplied to Staffscanner will be shared with the Care Service Provider when the Health Care Professional applies for a shift. In the context of these Terms, a Care Service Provider will act as “processor” to Staffscanner who will be a “controller” with respect to a Health Care Professional's personal data.
Where any person processes personal data shared by Staffscanner, with respect to such processing, they shall:
process the personal data only in accordance with these Terms and not otherwise make any use of the personal data for their own purposes;
only permit the personal data to be processed by persons directly employed by the Care Service Provider who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on your instructions in relation to the processing;
protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;
promptly alert and inform Staffscanner of any personal data breach;
provide all necessary co-operation and assistance to enable Staffscanner to comply with our obligations under Data Protection Law and to reduce the impact of the incident on our business operations and reputation;
on our reasonable request, assist Staffscanner to respond to requests from data subjects who are exercising their rights under Data Protection Law; and
on our reasonable request, assist Staffscanner to comply with our obligations under Data Protection Law in relation to (a) notifying a supervisory authority that We have suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority unless applicable law requires otherwise, upon termination of these Terms at our option, and unless you have a valid and lawful basis under Data Protection Law for continuing to hold and process personal data provided by Staffscanner you shall: (1) delete all such personal data permanently, safely, and securely and provide Staffscanner with a certificate of destruction; and/or (2) return to Staffscanner all such personal data and any other information provided by Staffscanner to You; and (3) cease to process the personal data. (4) You shall indemnify and hold Staffscanner harmless on demand for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause. Personal data may also, when deemed appropriate, be shared with third parties including, but not limited to, the police, governing bodies (including but not limited to the Care Inspectorate, SSSC, NMC, NHS and Public Health Scotland.
Covid- 19 In line with Government Guidance and to ensure the safety of those using the platform and in the interests of the wider public health, all health care professionals engaged with Staffscanner are expected to attend for weekly PCR COVID-19 Tests.
Data protection As Staffscanner will process information that relates to an identified or identifiable individual, Health Care Professionals registered on the App, we will ensure compliance with the GDPR and the Data Protection Act 2018. Any personal data that relates to health is classed as ‘special category data’. The law does not prevent Staffscanner from taking steps to keep those working on the platform and the wider public safety during the coronavirus crisis. Your data around the last time you received a Covid- 19 test, and your vaccination data will also be shared with the Care Providers.
Lawful basis for testing employees The lawful basis of ‘legitimate interests’, provided there is a good reason for taking this action, Staffscanner can process health data that concerns Covid-19 testing. It is important to be clear open and honest with all the health care professional who work on the Platform and clearly communicate why Staffscanner wishes to use their personal data. Should anyone wish not to have their data shared then they should contact Staffscanner and make them aware otherwise this data will be shared.
Disclosing test results to third parties Staff will be informed of negative or positive test results directly via a text/Email from NHS Covid-19, in providing your consent you allow Staffscanner to share your test result with Care Service Providers in the interests of public health. Data protection law does not prevent Staffscanner from ensuring the health and safety of those on the platform and staff should consider routes available to share data as outlined in the law. It should also be considered that there may be risks to the wider public by not sharing test information. In providing your consent you agree to book and attend weekly Covid-19 testing, that you will confirm your test results and furthermore that in the interests of public health you agree that Staffscanner have your permission to share, where necessary, your results with Care Service Providers.
Conduct You acknowledge and agree not to harvest, collect, or store user information or use such information for any purpose inconsistent with the purpose of the Services or for the purpose of transmitting or facilitating the transmission of unsolicited bulk electronic mail or communications. Illegal and/or unauthorized use of the Services, including aggregating usernames and other contact information for the purpose of sending unsolicited communications is prohibited.
Changes to our Service We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services (or any parts thereof) with or without notice. You agree that Staffscanner shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any related services.
Restrictions on Your Use of Staffscanner Proprietary Information / Confidentiality All business, technical or financial information disclosed by Staffscanner via the Staffscanner Properties, including without limitation, the Site, Platform, or Matching Service, is the “Proprietary Information” of Staffscanner which You will hold in confidence and not disclose to others. You agree not to use any of our Proprietary Information (in whole or in part) for any purposes other than evaluation of Staffscanner and our Matching Services. When you have completed your use of our Platform or Matching Service, or if you have not used our Platform or Matching Service in 12 months, you will destroy all items and copies containing or embodying Proprietary Information.
Authorisation to Access and Use Staffscanner Platform Subject to you complying with our Terms and Conditions and the provisions hereof, you may access or use the Staffscanner platform solely for the purpose of your evaluation of our products and services. You will not: (a) allow any competitor of Staffscanner to use or access the Staffscanner Platform, (b) use or access our Properties to develop or enhance any product or service, or (c) copy any ideas, features, functions or graphics of the Staffscanner Properties. You are not permitted to copy, modify, frame, repost, publicly perform or display, sell, reproduce, distribute, or create derivative works of the Staffscanner Properties. You agree not to access the Site, Platform, or Matching Service by any means other than through the interface that is provided by Staffscanner to access the same.
Ownership and Restrictions All rights, title, and interest in and to the Staffscanner Properties will remain with and belong exclusively to Staffscanner. You will not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Staffscanner Properties available to any third party, (b) use the Staffscanner Properties in any unlawful manner (including without limitation in violation of any Data Protection Law or in any manner that interferes with or disrupts the integrity or performance of the Staffscanner Properties or their related components, or (c) modify, adapt or hack the Staffscanner Properties to, or try to, gain unauthorized access to the Staffscanner Properties or related systems or networks (i.e., circumvent any encryption or other security measures, gain access to any source code or any other underlying form of technology or information, and gain access to any part of the Staffscanner Properties, or any other products or services of Staffscanner that are not readily made available to the general public or to you using your own account name and password as instructed by Staffscanner).
Related / Linked Sites You may be able to connect with third parties' sites ('Linked Sites') from the Services. Linked Sites are not, however, reviewed, controlled, or examined by Staffscanner in any way and we are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. In no event shall Staffscanner be liable directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. We reserve the exclusive right, at our sole discretion, to add, change, decline or remove, without notice, any feature or link
to any of the Linked Sites from the Services and /or to introduce different features or links to different users of the Services.
Liability In the event that you have any right, claim or action against any User arising from their use of Staffscanner, you agree to pursue such right, claim or action independently of and without recourse to Staffscanner, and you release Staffscanner (including its affiliates, officers, directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
Limitation of Liability We (including our, affiliates, officers, directors, agents and employees) will not be liable for any claims, actions, proceedings, losses, liabilities, costs, expenses (including reasonable legal costs and expenses) or damages, including for any indirect or consequential loss, of revenues, profits, contracts, business or anticipated savings, any loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with these Terms and Conditions.
Indemnity (Client or Professional) You (as a Client/Care Service Provider, or Health Care Professional) agree to indemnify and hold Staffscanner, harmless from any claim or demand (including all reasonable legal costs and expenses) howsoever incurred arising out of your use of our “Site,” or “Services” or as a result of the breach by you of these Terms & Conditions, including any claim brought by any third party against Staffscanner arising out of your use of our “Site,” or “Services”.
Reservation of Rights Staffscanner owns and retains its rights to all logos, trademarks, copyrights, trade secrets, knowhow, patents and patent applications that are used or embodied in or otherwise related to the Staffscanner Properties. Staffscanner grants no other rights or licences (implied, or otherwise) whatsoever to you under our Terms and Conditions.
Technical Data By using Staffscanner Property or any of the Services, you agree to us collecting and using technical information about the devices you use the Site or App on and related software, hardware and peripherals to improve our products and to provide any services to you.
Location and Notification Data Staffscanner may make use of location and notification data sent from your devices. You can turn off this functionality at any time by turning off the location services settings or notification services settings for the Site or App on the device. If you use the Services, you consent to our transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location- based and road traffic-based products and services. You may stop Staffscanner
collecting such data at any time by turning off the location and notification settings for the Site or App on your device.
Intellectual Property Rights
All intellectual property rights in the App, the Site and the Services throughout the world belong to Staffscanner and the rights in the App and the Services are licensed. You have no intellectual property rights in, or to, the App, the Site or the Service other than the right to use them in accordance with these terms.
Disclaimer of Warranties
We do not guarantee, represent or warrant that your use of the App, the Site or the Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the App, the Site or the Service will be accurate or reliable. In no event will we be liable under these User Terms or in connection with its subject matter for any incidental, special, indirect, or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption, or any other commercial damages or losses, arising out of or related to your use of or inability to use the App or Site, however caused, regardless of legal theory, whether in delict, negligence, contract or otherwise. Regardless of whether a claim for such damages is based in contract, delict and/or any other legal theory, in no event shall Staffscanners aggregate liability to you for all damages (other than as may be required by applicable law) exceed the amount of total fees paid or payable by you for the Site or App giving rise to the claim. Nothing in these User Terms shall limit or exclude our liability for death or personal injury resulting from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be excluded or limited by the law of Scotland.
Governing Law and Jurisdiction These User Terms, their subject matter and formation, are governed by the Law of Scotland and all Users submit to the sole jurisdiction of the courts of Scotland.