Terms of Use for Collaboration Tools

Terms of Use for Collaboration Tools

Last Updated 11 May 2022

These Collaboration Tools Terms apply where we have agreed to use any third party collaboration tools (Tool) in your engagement. Your use of the Tool is subject to the following terms of use:

  1. Unless defined below, all capitalised terms used in these Collaboration Tools Terms have the same meaning given to them under the applicable KPMG Terms and Conditions of Business.
  2. You may access and use the Tool (and the content stored on it) on a limited basis for the sole purpose of receiving the relevant Services, and subject to these Collaboration Tools Terms.
  3. You and your authorised users, as nominated by you and agreed by us in writing at our sole discretion, will be provided with credentials such as username and password (Login Credentials) for the Tool. If you wish to nominate a third party from outside your organisation as an authorised user, we may require the third party to enter into a separate agreement with us before accessing or using the Tool.
  4. You are responsible for keeping the Login Credentials secure and confidential and are responsible for all activities that take place using the Login Credentials. You are liable for the conduct of your authorised users (including any loss, damage or claim caused by their conduct) as if it were your own.  You must ensure that your authorised users are aware of their responsibilities and procure their compliance with these Collaboration Tools Terms.  It is also your responsibility to promptly notify us if you become aware of any authorised user who should no longer have access to the Tool, or any event or action which might reasonably impair the security of the Tool.
  5. You acknowledge that the Tool is the property of us or a third party supplier. You must not compromise or attempt to compromise the Tool or the infrastructure over which it is provided. You agree to respect both the third party supplier and our rights when using the Tool. We make no representations or warranties where the Tool is provided by third party suppliers. We or a third party supplier may make changes to the Tool from time to time.
  6. You must ensure that any data, information and materials (including documents) provided, made available or posted by you on the Tool (Your Materials) comply with all applicable laws, do not contain any viruses, bots, worms or other harmful code, are not defamatory, fraudulent, indecent or offensive, can be provided to us, do not infringe the rights of any third party including any intellectual property rights or privacy rights, and do not give rise to any civil or criminal liability for us or any third party that assists us in the performance of the Services. You acknowledge that in the event of any actual or suspected infringement, we or our third party supplier may remove the infringing material and/or your access to the Tool.
  7. You acknowledge that the Tool is not intended to be used as a system of record or for archival purposes and you must retain separate copies of Your Materials. Access to the Tool may be interrupted, including for reasons outside of our control, and content contained in the Tool may not be recoverable. We have no responsibility for recovering or providing to you Your Materials contained in the Tool.
  8. Any chat functionality within the Tool will not be used to provide advice and accordingly, no reliance may be placed on information shared through that chat functionality. You must not use that chat functionality to provide us with formal instructions or directions.
  9. Notwithstanding our respective rights to suspend or terminate under the Agreement, you may terminate your access to the Tool, and we may terminate or suspend your access to the Tool, at any time.
  10. We may vary these Collaboration Tools Terms from time to time. The Collaboration Tools Terms that shall apply to your use of the Tool shall be the most recent version published. You may also be required to accept additional terms of use for the Tool, as well as comply with any reasonable security, technology, regulatory or risk management requirements which we advise you of from time to time in relation to the Tool.