CHECKMARX TERMS OF SERVICE Australia - Checkmarx

CHECKMARX TERMS OF SERVICE – Australia

LOCAL COUNTRY ADDENDUM: AUSTRALIA AND NEW ZEALAND

For Customers incorporated in Australia or New Zealand, the following provisions shall apply. All other provisions of the Agreement shall remain the same except as provided herein. To the extent of any inconsistency or contradiction between this Addendum and the body of the Agreement, the terms of this Addendum shall prevail.

  1. A new Section 8.6 is hereby added to the Agreement as follows:

“8.6 Australian Consumer Law. Notwithstanding any other provisions in this Agreement, Checkmarx does not exclude, restrict or modify any conditions or warranties or guarantees which may be implied or imposed by Australian Consumer Law when you acquire goods and services as a Consumer. When you acquire our Solutions as a Consumer (as that term is defined in Australian Consumer Law), our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled to cancel your service contract with us; and to a refund for the unused portion, or to compensation for its reduced value. You are also entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods and to cancel the contract for the service and obtain a refund of any unused portion. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods or service.”

  1. Section 13.1 of the Agreement is hereby replaced with the following:

“13.1 Governing Law. This Agreement shall be governed by and interpreted in accordance with the laws of Victoria, Australia, and the Parties submit to the exclusive jurisdiction of the courts of Victoria and the Commonwealth of Australia.”

  1. Section 13.2 of the Agreement is hereby replaced with the following:

“13.2 Dispute Resolution. In the event of any controversy or claim arising out of or relating to this Agreement, the Parties shall consult and negotiate with each other and attempt to reach a solution satisfactory to both Parties. If the Parties do not reach a settlement within sixty (60) days, any unresolved controversy or claim arising out of or relating to this Agreement shall be resolved by binding arbitration conducted in accordance with the Rules of Arbitration of the International Chamber of Commerce (“ICC”) and administered by the ICC. The arbitration shall be conducted in the English language in Melbourne, Victoria, Australia, unless otherwise agreed by the Parties.”

  1. Section 14.19 of the Agreement is hereby replaced with the following:

“14.19 Contracting Entity. For Customers incorporated in Australia or New Zealand, the Checkmarx contracting entity is defined as Checkmarx Australia Pty Ltd.”