Differences

This shows you the differences between two versions of the page.

--- terms_of_enduser_ticket_system_usage [2025/10/14 00:29] – thesaint
+++ terms_of_enduser_ticket_system_usage [2025/10/14 00:51] (current) – [10. Limitation of Liability] thesaint
@@ Line 20: / Line 20: @@
 ===== 5. Data Privacy =====
-All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in the Privacy Policy.
+All personal data provided by you through the Ticket System will be handled in accordance with our Privacy Policy. You consent to the collection, use, and disclosure of your personal data as described in our Privacy Policy.
 ===== 6. Service Availability =====
@@ Line 30: / Line 30: @@
 **7.3. Material Changes & Notice:** If a change is deemed **Material** (including, but not limited to, changes to pricing/rates in Clause 17, limitations of liability in Clause 10, or the core services in Clause 14), we will provide you with **at least 30 calendar days' written notice** of the change before it takes effect. This notice will be delivered by one or more of the following auditable methods:\\
   * **(a) System Notification:** A dedicated message posted to the **Ticket System message center** for all affected registered users (logged against the user's account).\\
-  * **(b) Login Screen Banner:** A non-dismissible notice or banner placed on the Ticket System login page.\\
+  * **(b) Login Screen Banner:** A non-dismissible notice or banner placed on the Ticket System login page.
 **7.4. Right to Terminate and Acceptance:** If you do not agree to a Material Change, you may terminate this Agreement by providing written notice to SupportCALL before the 30-day notice period expires. If you **log in to the Ticket System** or **submit a new request** after the effective date of the Material Change, you will be deemed to have accepted the new Terms. The act of logging in or submitting a request constitutes acceptance.
@@ Line 42: / Line 42: @@
 **10.1. Exclusion of Statutory Rights Prohibited:** Nothing in these Terms limits or excludes any guarantees, warranties, rights, or remedies you may have under the **Australian Consumer Law** (ACL) or the **South African Consumer Protection Act** (CPA) or any other law, which cannot be lawfully excluded, restricted, or modified.\\
 **10.2. Exclusion of Indirect Loss:** To the fullest extent permitted by law, SupportCALL shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or other intangible losses.\\
-**10.3. Limitation of Liability for Negligence and Direct Loss:** SupportCALL's total aggregate liability for all claims arising out of or related to this Agreement, including claims for breach of contract, tort (including **negligence**), or breach of statute, is limited to the **lesser of:**
+**10.3. Limitation of Liability for Negligence and Direct Loss:** SupportCALL's total aggregate liability for all claims arising out of or related to this Agreement, including claims for breach of contract, tort (including **negligence**), or breach of statute, is limited to the **lesser of:**\\
-  * **(a)** The total fees paid by the client to SupportCALL for the specific work or service to which the claim relates; **OR**
+  * **(a)** The total fees paid by the client to SupportCALL for the specific work or service to which the claim relates; **OR**\\
   * **(b)** AUD $±5,000 (ZAR R±50,000) (whichever is applicable) (subject to current exchange rates).\\
 **10.4.** This limitation does not apply to liability for fraud, gross negligence, or any liability which cannot be legally excluded.\\
-===== 11. Governing Law =====
+===== 11. Governing Law (REVISED DYNAMIC CLAUSE) =====
-These Terms of Use shall be governed by and construed in accordance with the laws of the jurisdiction in which the company is established, without regard to its conflict of law principles.
+**11.1.** These Terms of Use shall be governed by and construed in accordance with the laws of the **SupportCALL entity** that is the contracting party and that invoices you for the services.\\
+**11.2.** If the contracting party is **SupportCALL (Pty) Ltd** (South Africa), the governing law will be the laws of **South Africa**.\\
+**11.3.** If the contracting party is **SupportCALL (Australia) Pty Ltd** (or equivalent Australian entity), the governing law will be the laws of the **State/Territory of that entity’s principal place of business** (e.g., Victoria) and the **Commonwealth of Australia**.\\
+**11.4.** By entering into this Agreement, you irrevocably submit to the exclusive jurisdiction of the Courts of the applicable Governing Law jurisdiction.
 ===== 12. Contact Information =====