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| terms_of_enduser_ticket_system_usage [2025/10/14 00:50] – thesaint | terms_of_enduser_ticket_system_usage [2025/10/14 00:51] (current) – [10. Limitation of Liability] thesaint |
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| **7.2. Minor Changes:** For minor, non-material changes (e.g., correcting typos, adding contact information, or changes not affecting the core rights and obligations of the user), the revised Terms will be effective immediately upon posting on the Ticket System.\\ | **7.2. Minor Changes:** For minor, non-material changes (e.g., correcting typos, adding contact information, or changes not affecting the core rights and obligations of the user), the revised Terms will be effective immediately upon posting on the Ticket System.\\ |
| **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:\\ | **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). | * **(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. | **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. |
| **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.\\ | **10.1. 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.\\ | **10.2. 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). | * **(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.\\ | **10.4.** This limitation does not apply to liability for fraud, gross negligence, or any liability which cannot be legally excluded.\\ |
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