Effective date: January 1, 2025
Entity: Smartpath Pty Ltd (ACN 070 801 759),
Level 2, 696 Bourke Street,
Melbourne, VIC 3747
Australia.
Email: legal@smartpath.com.au
1. Governing Version
This version applies where Customer’s principal place of business is located in the US. It replaces the Australian Terms for those Customers and is governed by the laws of State of Delaware, United States.
2. Data Protection
Smartpath will comply with applicable U.S. federal and state privacy laws, including the California Consumer Privacy Act (CCPA/CPRA). Customer’s data protection rights and obligations are set out in the regional Data Processing Addendum (DPA).
3. Consumer Law
Nothing in these Terms excludes, restricts or modifies rights under the relevant U.S. consumer protection laws. Where permitted, Smartpath’s liability is limited to resupplying the Services or paying the cost of having them supplied again.
4. Liability
Liability is capped at 12 months’ fees paid or payable for the affected Services, excluding death/personal injury, fraud, wilful misconduct, breach of confidentiality, data breach caused by Smartpath, and IP indemnities.
5. Dispute Resolution
These Terms are governed by the laws of State of Delaware, United States. The courts of State of Delaware, United States have exclusive jurisdiction. Parties will attempt good-faith resolution for 30 days before litigation or arbitration.