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(A) TuDu is an online platform that provides the Services (defined below).
(B) The “Supplier” is TuDu Risk Management Limited, a company registered in Scotland (company number SC829516). Its registered office is at Unit F1, Granary Business Centre, Coal Road, Cupar, Scotland, KY15 5YQ.
(C) The “Customer” is anyone who uses this website to access and use the Services.
(D) In these terms, the Supplier and the Customer are each called a “party”.
(E) The Supplier has developed software applications and platforms. It makes these available to subscribers over the internet, on a pay-per-use basis, so that childcare and other care-providing businesses can manage and store data relating to their risk assessments and other compliance matters.
(F) The Customer wants to use the Supplier's service in its business.
(G) The Supplier has agreed to provide, and the Customer has agreed to take and pay for, the Supplier's service, on the terms of this agreement.
These terms apply to your use of the Platform. By accessing or using the Platform, you agree to be bound by them. If you do not agree, you should not use or access the Platform.
1.1 The definitions and rules of interpretation in this clause apply throughout this agreement.
Applicable Data Protection Laws
Where the UK GDPR applies: the law of the United Kingdom, or of part of the United Kingdom, relating to the protection of personal data.
Where the EU GDPR applies: the law of the European Union, or of an EU member state to which the Supplier is subject, relating to the protection of personal data.
Authorised Users: the Customer's employees, agents and independent contractors who the Customer has authorised to use the Services and the Documentation (see clause 2.2(d)).
Business Day: a day other than a Saturday or Sunday when banks in Edinburgh are open for business.
Change of Control: has the meaning given in section 1124 of the Corporation Tax Act 2010.
Confidential Information: proprietary or confidential information that is either clearly labelled as such, or identified as Confidential Information in clause 11.1.
Customer Data: the data that the Customer, its Authorised Users, or the Supplier (on the Customer's behalf) enter in order to use the Services, or to help the Customer use the Services.
Customer Personal Data: personal data that the Supplier processes under this agreement as a processor on the Customer's behalf.
Documentation: the documents and other materials that the Supplier makes available to the Customer from time to time, describing the Services and how to use them.
Effective Date: the date of this agreement.
EU GDPR: the General Data Protection Regulation ((EU) 2016/679).
Initial Subscription Term: the initial term of this agreement, to be agreed with the Customer.
Location: one physical site at which the Customer records risk assessments and other compliance matters.
Normal Business Hours: 8.00am to 5.00pm, UK local time, on each Business Day.
Purpose: the purposes for which the Customer Personal Data is processed.
Renewal Period: has the meaning given in clause 14.1.
Services: the subscription services that the Supplier provides to the Customer under this agreement, as notified from time to time and described in the Documentation.
Software: the online software applications that the Supplier provides as part of the Services.
Subscription Fees: the fees the Customer pays the Supplier for the User Subscriptions.
Subscription Term: has the meaning given in clause 14.1 (the Initial Subscription Term plus any Renewal Periods).
Supplier Personal Data: personal data that the Supplier processes under this agreement as a controller.
UK GDPR: has the meaning given in the Data Protection Act 2018.
User Subscriptions: the user subscriptions the Customer purchases under clause 9.1. These let Authorised Users access and use the Services and Documentation, at one Location only, in line with this agreement.
Virus: anything (including software, code, a file or a programme) that could:
prevent, impair or otherwise adversely affect any computer software, hardware or network, telecommunications service, equipment, network, or other service or device;
prevent, impair or otherwise adversely affect access to, or the operation or reliability of, any programme or data (whether by rearranging, altering or erasing it, in whole or part, or otherwise); or
adversely affect the user experience — including worms, trojan horses, viruses and similar things.
Vulnerability: a weakness in the computational logic (for example, in code) of software or hardware which, if exploited, would negatively affect the confidentiality, integrity or availability of Customer Data or the Services.
1.2 Headings do not affect how this agreement is interpreted.
1.3 “Person” includes an individual and a corporate or unincorporated body, together with that person's legal and personal representatives, successors and permitted assigns.
1.4 A reference to a company includes any company, corporation or other body corporate, however and wherever it is incorporated or established.
1.5 Unless the context requires otherwise, the singular includes the plural, and the plural includes the singular.
1.6 Unless the context requires otherwise, a reference to one gender includes the other genders.
1.7 A reference to a statute or statutory provision means that statute or provision as in force at the date of this agreement.
1.8 A reference to a statute or statutory provision includes any subordinate legislation made under it, as at the date of this agreement.
1.9 A reference to “writing” or “written” excludes fax, but includes email.
1.10 References to clauses and schedules are to the clauses and schedules of this agreement. References to paragraphs are to paragraphs of the relevant schedule.
2.1 Subject to the Customer purchasing User Subscriptions (clauses 3.3 and 9.1), the restrictions in this clause, and the rest of this agreement, the Supplier grants the Customer a non-exclusive, non-transferable licence. This lets Authorised Users access and use the Services and Documentation during the Subscription Term, for the Customer's internal business operations only. The Customer cannot grant sub-licences.
2.2 In relation to Authorised Users, the Customer promises that:
(a) the number of Authorised Users it authorises will not exceed the number of User Subscriptions it has purchased;
(b) it will not let more than one individual use a single User Subscription — unless that User Subscription is fully reassigned to someone else, in which case the previous user loses all access;
(c) each Authorised User will use a secure password, and keep it confidential;
(d) it will keep an up-to-date written list of current Authorised Users, and give this to the Supplier within 5 Business Days of any written request; and
(e) it will only use each User Subscription at one Location.
2.3 The Customer must not access, store, distribute or transmit any Viruses. Nor may it use the Services to access, store, distribute or transmit material that:
(a) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
(b) facilitates illegal activity;
(c) depicts sexually explicit images;
(d) promotes unlawful violence;
(e) discriminates based on race, gender, colour, religious belief, sexual orientation or disability; or
(f) is otherwise illegal, or causes damage or injury to a person or property.
If the Customer breaches this, the Supplier can disable access to the material concerned, without liability and without affecting its other rights.
2.4 The Customer must not:
(a) unless the law says otherwise and this cannot be excluded by agreement, and except where this agreement expressly allows it:
(i) copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute any part of the Software, Services or Documentation, in any form or by any means; or
(ii) decompile, reverse-compile, disassemble, reverse engineer, or otherwise try to view the underlying code of the Software or Services;
(b) access the Services or Documentation in order to build a competing product or service;
(c) use the Services or Documentation to provide services to third parties;
(d) (subject to clause 22.1) licence, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the Services or Documentation, or make them available to anyone other than Authorised Users;
(e) try to get, or help a third party get, access to the Services or Documentation other than as allowed under this clause 2; or
(f) introduce, or allow the introduction of, any Virus or Vulnerability into the Services or the Supplier's systems.
2.5 The Customer must take all reasonable steps to prevent unauthorised access to, or use of, the Services or Documentation, and must tell the Supplier promptly if this happens.
2.6 These rights are granted to the Customer only — not to any of its subsidiary or holding companies.
3.1 Subject to clauses 3.2 and 3.3, the Customer can buy additional User Subscriptions at any time during a Subscription Term. The Supplier will then give the additional Authorised Users access to the Services and Documentation, on the terms of this agreement.
3.2 To buy additional User Subscriptions, the Customer must notify the Supplier in writing. The Supplier will review the request and confirm whether it is approved or rejected.
3.3 If approved, the Customer must pay the relevant fees within 30 days of the Supplier's invoice. If the additional subscriptions are bought partway through the Initial Subscription Term or a Renewal Period, the fees are pro-rated from the activation date to the end of that term or period.
4.1 During the Subscription Term, the Supplier will provide the Services and make the Documentation available to the Customer, on the terms of this agreement.
4.2 The Supplier will use commercially reasonable efforts to make the Services available 24 hours a day, seven days a week, except for:
(a) planned maintenance, carried out between 10.00pm and 2.00am UK time; and
(b) unscheduled maintenance outside Normal Business Hours — the Supplier will try to give at least 6 Normal Business Hours' notice.
5.1 In this clause, “controller”, “processor”, “data subject”, “personal data”, “personal data breach” and “processing” have the meanings given in the UK GDPR.
5.2 Both parties will comply with Applicable Data Protection Laws. This clause is in addition to — and does not reduce or replace — either party's obligations or rights under those laws.
5.3 By entering into this agreement, the Customer consents to the Supplier's processing of Supplier Personal Data, in line with the Supplier's current privacy policy (which has been made available to the Customer). The Customer will also obtain the same consent from its personnel, representatives and agents. If the privacy policy and this agreement conflict, the privacy policy takes precedence.
5.4 The Customer will make sure it has the consents and notices needed to lawfully transfer Supplier Personal Data and Customer Personal Data to the Supplier, for the purposes and duration of this agreement.
5.5 The Customer gives its general, advance authorisation for the Supplier to:
(a) appoint processors to process Customer Personal Data. The Supplier will:
(i) ensure such processors are appointed on terms that comply with Applicable Data Protection Laws and this clause 5;
(ii) remain responsible for those processors' acts and omissions, as if they were the Supplier's own; and
(iii) tell the Customer about any intended change of processor, so the Customer can object. If the Customer objects but cannot reasonably show the objection is because of an actual or likely breach of data protection law, the Customer must indemnify the Supplier for any losses, costs or expenses of accommodating that objection.
(b) transfer Customer Personal Data outside the UK where needed for the Purpose, provided this is done in line with Applicable Data Protection Laws. The Customer will promptly comply with any reasonable Supplier request relating to this, including signing standard data protection clauses adopted by the EU Commission or the UK Information Commissioner, as relevant.
5.6 The Supplier's total liability under this clause 5, or under Applicable Data Protection Laws — whether in contract, delict (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise — is capped at the amount the Supplier received from the Customer in the preceding 12 months.
The Services may let the Customer access third-party websites, correspond with third parties, or buy third-party products and services. The Customer does this entirely at its own risk.
The Supplier makes no representation, warranty or commitment, and has no liability, in relation to any third-party website, or any transaction or contract the Customer enters into with a third party. Any such contract or transaction is between the Customer and that third party, not the Supplier.
The Supplier recommends checking a third party's own terms and privacy policy before using its website, and does not endorse any third-party website or its content.
7.1 The Supplier will perform the Services substantially as described in the Documentation, and with reasonable skill and care.
7.2 This does not apply where non-conformance is caused by using the Services against the Supplier's instructions, or by modifications made by anyone other than the Supplier (or its authorised contractors or agents). If the Services do not conform, the Supplier will, at its own expense, use reasonable efforts to fix this promptly. This fix is the Customer's only remedy for such a breach.
7.3 The Supplier:
(a) does not guarantee that the Customer's use of the Services will be uninterrupted or error-free, or that the Software or Services will be free of Vulnerabilities or Viruses;
(b) is not responsible for delays, delivery failures, or other loss or damage caused by data transfer over communications networks (including the internet). The Customer accepts that such networks can have limitations, delays and other problems.
7.4 This agreement does not stop the Supplier entering similar agreements with other customers, or independently developing, using, selling or licensing similar documentation, products or services.
7.5 The Supplier warrants that it has, and will keep, all licences, consents and permissions it needs to perform its obligations under this agreement.
8.1 The Customer will:
(a) give the Supplier all reasonably necessary cooperation and access to information — including Customer Data, security access information and configuration details — needed to provide the Services;
(b) comply with all applicable laws and regulations in carrying out its activities under this agreement;
(c) carry out its other responsibilities under this agreement promptly and efficiently. If the Customer causes delays, the Supplier may adjust any agreed timetable, and will not be liable for any resulting failure to deliver the Services;
(d) ensure Authorised Users comply with this agreement, and be responsible for any breach by them;
(e) obtain and keep all licences, consents and permissions the Supplier (and its contractors and agents) need to perform their obligations, including the Services;
(f) ensure its network and systems meet the Supplier's specifications; and
(g) (except as this agreement otherwise provides, and to the extent the law allows) be solely responsible for its own network connections and telecommunications links to the Supplier's data centres, and for any problems, delays or losses arising from these or from the internet.
8.2 The Customer owns all Customer Data that is not personal data, and is solely responsible for its legality, reliability, integrity, accuracy and quality.
8.3 The Customer is responsible for regularly backing up the data it stores on the Software, and for keeping hard copies of that data.
9.1 The Customer will pay the Subscription Fees for the User Subscriptions.
9.2 On the Effective Date, the Customer must give the Supplier valid, complete and up-to-date credit card details, or approved purchase order information, together with other relevant contact and billing details.
If paying by credit card, the Customer authorises the Supplier to bill it: on the Effective Date, for the Initial Subscription Term; and (subject to clause 14.1) on each anniversary of the Effective Date, for the next Renewal Period.
If paying by purchase order, the Supplier will invoice the Customer: on the Effective Date, for the Initial Subscription Term; and (subject to clause 14.1) at least 30 days before each anniversary, for the next Renewal Period. The Customer must pay each invoice within 30 days.
9.3 If payment is more than 20 days overdue, and without affecting the Supplier's other rights:
(a) the Supplier may, on at least 5 Business Days' notice, disable the Customer's password, account and access, without any liability, and is not obliged to provide the Services while invoices remain unpaid; and
(b) interest accrues daily on the overdue amount, at 3% above the Bank of England's base rate, from the due date until paid in full (whether before or after judgment).
9.4 All fees under this agreement:
(a) are payable in pounds sterling;
(b) are non-cancellable and non-refundable (subject to clause 13.4(b));
(c) are exclusive of VAT, which is added at the applicable rate.
9.5 If the Customer exceeds the disk storage space set out in the Documentation, it must pay the Supplier's then-current excess storage fees.
9.6 The Supplier may increase the Subscription Fees, additional User Subscription fees, support fees, or excess storage fees, at the start of each Renewal Period, by giving 90 days' notice.
10.1 The Supplier and/or its licensors own all intellectual property rights in the Services and Documentation. Other than as expressly stated in this agreement, the Customer receives no rights to any patents, copyright, database rights, trade secrets, trade names or trade marks (registered or not), or any other rights or licences relating to the Services or Documentation.
10.2 The Supplier confirms it holds all the rights over the Services and Documentation needed to grant the rights set out in this agreement.
11.1 “Confidential Information” means confidential information (in any form) that a party or its Representatives disclose to the other party (or its Representatives), before or after this agreement, in connection with the Services or this agreement. This includes:
(a) the terms of this agreement, or any related agreement;
(b) information a reasonable business person would consider confidential, relating to the disclosing party's (or its group's) business, assets, affairs, customers, clients, suppliers or plans, or its operations, processes, product information, know-how, designs, trade secrets or software; and
(c) information developed by the parties while carrying out this agreement.
“Representatives” means, for a party, its employees, officers, contractors, subcontractors, representatives and advisers.
11.2 This clause does not apply to Confidential Information that:
(a) is or becomes public, other than through the receiving party's breach of this clause;
(b) the receiving party already had on a non-confidential basis before disclosure;
(c) the receiving party gets from someone else who, to its knowledge, is not bound by confidentiality to the disclosing party; or
(d) the parties agree in writing is not confidential, or may be disclosed.
11.3 Each party will keep the other's Confidential Information secret, and will not:
(a) use it except to exercise its rights or perform its obligations under this agreement (the “Permitted Purpose”); or
(b) disclose it to any third party, except as this clause 11 allows.
11.4 A party may share Confidential Information with Representatives who need it for the Permitted Purpose, provided it tells them the information is confidential beforehand, and remains responsible for their compliance with this clause.
11.5 A party may disclose Confidential Information where required by law, a governmental or regulatory authority, or a court. Where legally possible, it must give the other party as much advance notice as it can, and take reasonable account of the other party's requests about the content of the disclosure.
11.6 If a party reasonably believes the other party may have committed a criminal offence under the Bribery Act 2010, it may report this to the Serious Fraud Office without telling the other party first.
11.7 Each party keeps all rights in its own Confidential Information. This clause grants no other rights or obligations, and none should be implied.
11.8 When this agreement ends, each party will:
(a) destroy or return all documents and materials (and copies) containing the other party's Confidential Information;
(b) erase the other party's Confidential Information from its computer systems and devices, including third-party systems, so far as technically and legally possible; and
(c) confirm in writing that it has done this — except that a party may keep documents it is legally required to retain, and this clause continues to apply to anything kept, subject to clause 14 (Termination).
11.9 Neither party will publicly announce anything about this agreement without the other's prior written consent (not to be unreasonably withheld or delayed), except where required by law, a regulator, a securities exchange, or a court.
11.10 Except as expressly stated in this agreement, neither party gives any warranty or representation about its Confidential Information.
11.11 This clause 11 continues to apply after the agreement ends.
12.1 The Customer will defend, indemnify and hold the Supplier harmless against claims, losses, damages, expenses and costs (including legal fees) arising from the Customer's use of the Services or Documentation, provided that:
(a) the Customer is told promptly about any claim;
(b) the Supplier reasonably cooperates, at the Customer's expense; and
(c) the Customer has sole control over defending or settling the claim.
12.2 When defending or settling a claim, the Supplier can arrange for the Customer to keep using the Services, replace or modify them so they no longer infringe, or — if neither is reasonably possible — end this agreement on 2 Business Days' notice, without paying the Customer damages or other costs.
12.3 The Supplier (and its employees, agents and sub-contractors) will not be liable where the alleged infringement results from:
(a) modifications to the Services or Documentation by anyone other than the Supplier;
(b) the Customer using them against the Supplier's instructions;
(c) the Customer continuing to use them after being told of the alleged or actual infringement;
(d) the Customer Data; or
(e) the Customer's breach of this agreement.
12.4 This clause 12 (together with clause 13.4(b)) sets out the Customer's only rights and remedies, and the Supplier's entire liability, for any actual or alleged infringement of a third party's patent, copyright, trade mark or database right.
13.1 In this clause:
(a) “liability” means any kind of liability under or connected with this agreement, including in contract, tort (including negligence), misrepresentation, restitution or otherwise; and
(b) “default” means an act or omission that makes one party liable to the other.
13.2 Except as this agreement expressly states:
(a) the Customer is solely responsible for the results and conclusions it draws from using the Services and Documentation. The Supplier is not liable for damage caused by errors or omissions in Customer Data, information, instructions or scripts the Customer provides, or for actions the Supplier takes on the Customer's instructions;
(b) all warranties, conditions and other terms implied by statute or common law are excluded, to the fullest extent the law allows; and
(c) the Services and Documentation are provided “as is”.
13.3 Nothing in this agreement limits the Supplier's liability for:
(a) death or personal injury caused by its negligence; or
(b) fraud or fraudulent misrepresentation.
13.4 Subject to clauses 13.2 and 13.3:
(a) the Supplier is not liable for: loss of profits; loss of business; wasted expenditure; loss of goodwill or similar losses; loss or corruption of data or information; or any special, indirect or consequential loss, cost, damage, charge or expense; and
(b) the Supplier's total liability for all defaults is capped at the amount it received from the Customer in the preceding 12 months.
13.5 Nothing in this agreement limits the Customer's liability for infringing or misusing the Supplier's intellectual property.
13.6 The Services provide a platform to store data the Customer collects. Collecting that data is the Customer's sole responsibility, and the Supplier accepts no liability for any deficiency in how it is collected or recorded.
14.1 Unless ended earlier under this clause, this agreement starts on the Effective Date and continues for the Initial Subscription Term. After that, it automatically renews for successive 12-month Renewal Periods, unless:
(a) either party gives the other at least 60 days' written notice before the end of the Initial Subscription Term or a Renewal Period, in which case the agreement ends at the end of that term or period; or
(b) it is otherwise ended under this agreement.
The Initial Subscription Term plus any Renewal Periods together make up the Subscription Term.
14.2 Either party may end this agreement immediately, by written notice, if the other party:
(a) fails to pay any amount due, and remains in default 20 days after being told in writing to pay;
(b) commits a material breach of any other term, and (if it can be fixed) fails to fix it within 20 days of being told in writing;
(c) suspends or is unable to pay its debts as they fall due (including as defined in section 123 of the Insolvency Act 1986), or (if a partnership) any partner meets this description;
(d) starts negotiating with its creditors to reschedule debts, or proposes a compromise or arrangement with them (other than for a solvent amalgamation or reconstruction);
(e) applies for, or obtains, a moratorium under Part A1 of the Insolvency Act 1986;
(f) has a winding-up petition, notice, resolution or order made against it (other than for a solvent amalgamation or reconstruction);
(g) has an administrator appointed, or a notice of intention to appoint one given, or an application made to the court for one;
(h) has an administrative receiver appointed, where a floating charge holder is entitled to appoint one;
(i) has a receiver appointed over its assets, or someone becomes entitled to appoint one;
(j) has a creditor attach, take possession of, or enforce process against, its assets, and this is not lifted within 14 days;
(k) is subject to an equivalent event or process in another jurisdiction;
(l) suspends, ceases, or threatens to suspend or cease, a substantial part of its business;
(m) has its financial position deteriorate to the point that its ability to meet this agreement is reasonably in doubt; or
(n) undergoes a change of control.
14.3 When this agreement ends, for any reason:
(a) all licences under it end immediately, and the Customer must stop using the Services and Documentation;
(b) each party will return, and stop using, the other's equipment, property, Documentation and other items (and all copies);
(c) the Supplier may destroy or dispose of the Customer Data it holds, unless it receives a written request within 10 days of termination for the most recent back-up. The Supplier will then use reasonable efforts to deliver this within 30 days, provided all outstanding fees have been paid. The Customer will pay the Supplier's reasonable costs of returning or disposing of the data; and
(d) rights, remedies, obligations and liabilities that have already accrued — including the right to claim damages for an earlier breach — are not affected.
Neither party is in breach of this agreement, or liable, for any delay or failure caused by events beyond its reasonable control. If this continues for 30 days, the unaffected party may end the agreement by giving 30 days' written notice.
Changes to this agreement are only effective if made in writing and signed by both parties (or their authorised representatives).
17.1 A waiver of any right or remedy is only effective if given in writing, and does not waive any later right or remedy.
17.2 Delaying or failing to exercise a right or remedy — or exercising it only partly — does not waive that or any other right or remedy, and does not prevent it being exercised later.
Except as this agreement expressly states, its rights and remedies are in addition to, not instead of, any provided by law.
19.1 If any part of this agreement is or becomes invalid, illegal or unenforceable, it will be treated as deleted, without affecting the rest of the agreement.
19.2 If a part is deleted this way, the parties will negotiate in good faith to agree a replacement that achieves, as closely as possible, the original intended commercial effect.
20.1 This agreement is the entire agreement between the parties, and replaces all earlier or related agreements, promises, assurances and understandings between them on the same subject, whether written or oral.
20.2 Each party confirms it has not relied on any statement, representation, assurance or warranty that is not set out in this agreement.
20.3 Neither party can claim for innocent or negligent misrepresentation based on anything in this agreement.
20.4 Nothing in this clause limits or excludes liability for fraud.
21.1 The Customer must not assign, transfer, mortgage, charge, subcontract, delegate, hold in trust, or otherwise deal with its rights or obligations under this agreement, without the Supplier's prior written consent.
21.2 The Supplier can do any of these things with its own rights and obligations at any time, provided it gives the Customer prior written notice.
Nothing in this agreement creates a partnership between the parties, or lets either party act as the other's agent. Neither party can bind the other, make representations or warranties on its behalf, or take on obligations or exercise rights in its name.
Unless this agreement expressly says otherwise, it does not give anyone rights under the Contract (Third Party Rights) (Scotland) Act 2017 to enforce its terms.
24.1 This agreement can be signed in separate counterparts, each of which is an original, and all of which together form one agreement.
24.2 Emailing an executed counterpart (not just a signature page) as a PDF, JPEG or other agreed format counts as delivering a “wet-ink” signed counterpart. Each party will, if asked, still provide the other with a hard copy “wet-ink” original.
24.3 No counterpart takes effect until each party has provided at least one executed counterpart to the other.
25.1 Notices under this agreement must be in writing, and either:
(a) delivered by hand, or by pre-paid first-class post or another next-working-day service, to the party's registered office (if a company) or main place of business; or
(b) emailed to: Supplier — info@tu-du.co.uk; Customer — the address the Customer has notified to the Supplier.
25.2 A notice is treated as received:
(a) at the time it is left, if delivered by hand;
(b) at 9.00am on the second Business Day after posting, if sent by post or next-working-day service; or
(c) at the time of sending, if emailed — or, if that falls outside Business Hours where it is received, when Business Hours resume.
25.3 This clause does not apply to serving documents in legal proceedings, arbitration or other dispute resolution.
26.1 This agreement, and any dispute or claim relating to it (including non-contractual disputes), is governed by the law of Scotland.
26.2 Each party agrees that the Scottish courts have exclusive jurisdiction over any such dispute or claim.
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