This page sets out the Terms of Use (Terms) under which you (You) may use the KPMG Survey website (Site).
These Terms are a binding agreement between You and KPMG and are deemed to be accepted by You each time that You use or access the Site. Please read these Terms carefully. If You do not accept the Terms stated here, do not use the Site.
KPMG may revise these Terms from time to time by posting an updated version of this page.
1. Use of KPMG Suvrey and Site
(a) The content of the Site, including designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (collectively, KPMG Content) are the property of KPMG or its licensors and are protected under both Australian and foreign copyright, trademark and other laws.
(b) You agree to not misuse, copy or adapt KPMG Content or the Site, without prior written consent from KPMG.
(c) You are granted a limited license, subject to these Terms, to access and use the Site and the KPMG Content, solely for the purposes of participating in the KPMG Survey.
(d) You shall not violate or attempt to violate the security of the Site.
2. Your Content
(a) You are responsible for the accuracy and completeness of all data and information You upload and/or provide in participating in the Survey (Your Content). KPMG will not verify Your Content, and excludes all liability to the extent Your Content is inaccurate, incomplete or outdated.
(b) You are responsible for Your Content when using the Survey. You must not upload or otherwise provide any content that:
i. would breach any law or regulation (or would cause KPMG to breach any applicable law or regulation);
ii. is implicitly or explicitly offensive, such as content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual, or indecent or sexually explicit material, as determined in KPMG's reasonable discretion; or
iii. contains viruses, bots, worms, scripting exploits or other similar materials.
(c) You acknowledge that Your Content:
i. may be shared amongst KPMG and other member firms in the global KPMG-branded network; and
ii. may be used or disclosed in a de-identified form for such business purposes as KPMG determines.
3. Privacy
KPMG will handle any personal information You provide in accordance with its Privacy Statement.
4. Exclusion of Liability
(a) To the maximum extent permitted by law, the Survey and the Site is provided to You on an “as is” basis without representations, guarantees or warranties by KPMG of any kind.
(b) In relation to the Survey and the Site, KPMG cannot guarantee and is not liable for:
i. any unavailability or breach of security;
ii. any loss of data or confidentiality arising from any unauthorised use of the Survey or the Site; or
iii. damage due to viruses or other malicious code.
(c) For the avoidance of doubt, completing a Survey does not create or give rise to any association or relationship of any nature between You and KPMG.
(d) Without limitation to anything else in this Agreement, KPMG excludes all liability to You arising out of or in connection with the Site and/or Survey, including without limitation any liability for any negligent act or omission.
5. Waiver
KPMG's failure to enforce any term of these Terms shall not be deemed a waiver of such term or otherwise affect KPMG's ability to enforce such term at any point in the future.
6. Severability
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
7. Entire Agreement
Except as expressly provided in these Terms, these Terms constitute the entire agreement between You and KPMG with respect to Your use of the Site and Your participation in the KPMG Survey Program. Changes to these Terms shall only be made by a revised posting on this page.
8. Governing Law and Jurisdiction
This Agreement is governed by the law in force in New South Wales, Australia. Each party unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, Australia, and courts competent to hear appeals from those courts.
Definitions
- KPMG means the Australian Partnership of KPMG or any of its associated entities (as defined in section 50AAA of the Corporations Act 2001 (Cth)).
- KPMG Survey means the online survey You are invited to and may participate in.