KPMG Finance Hub

Digital Services End User Terms of Use

These Terms of Use constitute a legally binding agreement between you and KPMG Australia Technology Solutions Pty Ltd ACN 606 612 962 ("KPMG").

The Digital Services consist of the products and services KPMG has agreed to provide to the corporate entity that you represent (“Your Business”), and include the online platform through which such products and services may be delivered.

Please read these Terms of Use carefully. If you do not accept them, you are not permitted to access the Digital Services.

1. These Terms of Use include and incorporate the KPMG’s Privacy Policy available at www.kpmg.com/au/privacy.
2. Your use of and access to the Digital Services is subject to these Terms of Use and any other contracts you may have with KPMG.
3. KPMG may revise these Terms of Use from time to time by posting an updated version at login. Your continued use of the Digital Services following a revision of the Terms of Use constitutes your acceptance of the revised Terms of Use.
4. If you breach these Terms of Use, your access to and use of the Digital Services may be suspended or terminated at KPMG’s discretion at any time without notice.
5. You are only authorised to use the Digital Services for the internal business purposes of Your Business. You will make no unauthorised use of the Digital Services. Unauthorised use may include, but is not limited to:
• making any part of the Digital Services available to third parties
• modifying, adapting or making derivative works of, reverse engineering, decompiling or compromising the integrity of, any part of the Digital Services
• infringing the intellectual property in any part of the Digital Services.
6. You will maintain the confidentiality and security of your login details and not disclose them to any third party outside of Your Business. As between you and KPMG, any access to and use of the Digital Services made using your login will be deemed to have been completed by you (whether or not authorised by you).
7. You must immediately notify us upon becoming aware of any unauthorised access to, or any security breach in relation to, your login details.
8. In relation to your login details, you acknowledge that KPMG may at any time require you to provide us with further or amended identity information or require different authentication arrangements. For example, KPMG may require you to provide documents and other information requested, procure a certificate of identity from a certification authority chosen by KPMG and/or comply with our identity authentication and management systems.
9. You will comply with KPMG’s security, technology and risk management policies that may be notified to you from time to time.
10. As between you and KPMG, you are responsible for any content you may upload using the Digital Services. You must not upload or otherwise provide any content that:
• would breach any law or regulation (or would cause KPMG to breach any applicable law or regulation)
• contains viruses, bots, worms, scripting exploits or other similar materials
• infringes the rights of any third party
• you do not have the right to submit
• is offensive, inappropriate or would otherwise cause harm.
11. You acknowledge that any information you upload or provide:
• may be shared amongst KPMG, its associated entities and other member firms in the global KPMG-branded network
• may be used or disclosed in a de-identified form for such business purposes as KPMG, its associated entities and member firms may determine and you consent to such use and disclosure.
12. You will maintain the confidentiality of any confidential information of KPMG, its associated entities, member firms or other third parties that is disclosed to you in relation to the Digital Services. You will only use and disclose such confidential information for the purposes of making authorised use of the Digital Services (as described in these Terms of Use).
13. You agree that we may collect, hold, use and disclose your personal information for the purpose of KPMG providing the services and products to Your Business and as set out in the KPMG Privacy Policy.
14. KPMG’s Privacy Policy contains information about how you can access and seek correction of personal information that KPMG holds about you and about how you can make a complaint about KPMG’s handling of your personal information.
15. All existing intellectual property rights subsisting in the Digital Services remain the property of their owner.
16. Access to the Digital Services may be suspended, limited, denied or disabled at any time and any content uploaded by you may not be recoverable. As between you and KPMG, you are responsible for retaining copies of all such content. The Digital Services are not intended to be used for archival purposes.
17. In relation to the Digital Services, KPMG cannot guarantee and is not liable for:
    • any unavailability or breach of security
    • any loss of data or confidentiality arising from any unauthorised use of them
    • damage due to viruses or other malicious code.
18. To the maximum extent permitted by law:
    • the Digital Services are provided on an “as is” basis without representations, guarantees or warranties of any kind
    • as between you and KPMG:
    • KPMG’s sole liability for any failure in or deficiency of the Digital Services will be the re-performance or re-supply of such services;
    • KPMG's aggregate liability to you arising out of or in connection with these Terms of Use, including without limitation liability for any negligent act or omission, will not exceed $100.
19. Nothing in these Terms of Use purports to modify or exclude any statutory rights you may have that cannot be modified or excluded, including under the Australian Consumer Law.
20. Your right to access and use the Digital Services will automatically terminate or expire when Your Business’ rights to the Digital Services terminate or expire under the KPMG Digital Services Terms and Conditions of Business.
21. You may terminate your access to the Digital Services by contacting KPMG.
22. Nothing in these Terms of Use shall prevent you or KPMG from instituting court proceedings to seek urgent injunctive, interlocutory or declaratory relief.
23. Sections 6, 9, 10, 11, 12, 13, 22 and 24 of these Terms of Use shall survive the termination or expiry of these Terms of Use.
24. These Terms of Use are governed by the law in force in New South Wales, Australia and the parties unconditionally submit to the exclusive jurisdiction of the Courts of that State.