Meta Horizon Managed Solutions Terms of Service – Australia SMB Addendum

Effective Date: 13 November 2023

If you are an Australian small business, the Meta Horizon Managed Solutions Terms of Service located at forwork.meta.com/legal/mfw-terms-of-service/ (the “Terms”) may be subject to the Australian Consumer Law and your rights under the Australian Consumer Law. If the Australian Consumer Law applies to you and your use of the Services covered by the Terms, the Terms will be modified as provided below in this addendum (this “Addendum”).

1. Disclaimer of Warranties. Notwithstanding the provisions of Section 12 of the Terms, the Services come with guarantees that cannot be excluded under the Australian Consumer Law.

2. Limitation of Liability. Notwithstanding anything to the contrary, nothing in the Terms shall limit Meta’s liability to you arising out of its negligence, fraud or willful misconduct.

3. Disputes and Governing Law. Any Claim between you and Meta shall be resolved exclusively in the courts of Australia. You also agree that you submit to the personal jurisdiction and venue of Australia for the purpose of litigating any such Claim, and that the laws of Australia will govern these Terms and any Claim, without regard to conflict of law rules.

4. Changes to the Terms. Notwithstanding the provisions of Section 18.a of the Terms, Meta will provide you with at least thirty (30) days’ prior notice before Meta makes you subject to changes to the Terms that have a material adverse impact on your access to or use of the Services, unless the changes are required for safety, integrity or security purposes or to comply with applicable law. Your use of the Services following the notice period for any such changes to the Terms will constitute your acceptance of such changes. If you do not wish to agree to any such changes to the Terms, then prior to the end of the notice period, you must cease use of the Services by having your Administrator elect to delete your Customer instance within the Services and provide written notice of the reason for such election to Meta at the following address: Meta Platforms Inc., 1 Meta Way, Menlo Park, CA 94025 USA, Attn: Legal. Following receipt of such notice to cease use of the Services, Meta will refund to you a pro rata amount of any pre-paid Fees for unused Services.