© 2018 KPMG Digital Solutions Proprietary Limited
KPMG International is a Swiss cooperative. Member firms of the KPMG network of independent firms are affiliated with KPMG International. KPMG International provides no client services. Services are provided solely by member firms in their respective geographic areas.
The content contained and accessed on KPMG Fulcrum (the "Platform") is provided by KPMG Digital Solutions ("Pty") Ltd.
The application of laws and regulations may vary depending on specific facts or circumstances. Due to the nature of electronic communication processes, KPMG does not guarantee or warrant the Platform will be uninterrupted, without delay, error-free, omission-free, or free of viruses. Therefore, the content is provided 'as is' without warranties of any kind, express or implied, including accuracy, timeliness and completeness. In no event shall KPMG, KPMG International, or any KPMG member firm, or any of their respective partners, principals, agents or employees, be liable for any direct, indirect, incidental, special, exemplary, punitive, consequential or other damages (including but not limited to, liability for loss of use, data or profits), without regard to the form of any action, including but not limited to, contract, negligence or other tortious actions, arising out of or in connection with the Platform, any content on or accessed by use of the Platform, or any copying, display or other use.
As content on the Platform (including any concepts, ideas, methods, procedures, processes, know-how, techniques, programs, publications, models, products templates, technologies, software, designs, art work, graphics and information on or described in the Platform) may be copyrighted, proprietary and subject to intellectual property or other rights (which rights are owned by KPMG International, a member firm of the KPMG network of independent firms or other third parties), any unauthorised use of any materials on the Platform may violate copyright, trademark and other laws or applicable intellectual property or other rights.
Materials on the Platform may not be modified, reproduced, publicly displayed, performed, distributed or used for any public or commercial purposes without explicit written permission from the appropriate content or material provider (including third-party links). KPMG bears no risk, responsibility or liability in the event that a user does not obtain such explicit written permission as advised by KPMG.
The KPMG name and logo are registered trademarks or trademarks of KPMG International and other product and service names mentioned on the Platform may be the registered trademarks or trademarks of KPMG International or a member firm of the KPMG network of independent firms or their respective affiliates. Use of these marks requires express prior permission from, and a license agreement with, KPMG International or a KPMG member firm. Unauthorised use of these and any other of KPMG's portfolio of trademarks will be prohibited to the fullest extent of the law. To request this written approval, contact the webmaster or use the "Contact us" feature.
Third-party links are provided as a convenience to our users. KPMG does not control and is not responsible for any of these sites or their content. KPMG vigorously protects its reputation and trademarks and KPMG reserves the right to request removal of any link to our web site.
The following web link activities are explicitly prohibited by KPMG and may present trademark and copyright infringement issues:
KPMG Digital Online Privacy Statement and Disclaimer
As your access and use of KPMG Digital Fulcrum (the "Platform") automatically bind you to the following terms and conditions, please read them carefully. As used herein, the term "you" and "your" shall mean the user of this Platform.
I. KPMG Digital Organisational Statement
KPMG Digital Digital Solutions (Pty) Ltd is a South African Organisation and subsidiary of KPMG Services (Pty) Ltd, a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”).
KPMG International is a non-operating Swiss association which provides no client services. The services described herein are provided by member firms. KPMG International and its legally distinct member firms are not, and nothing contained herein shall be construed to place the parties in the relationship of, parent, subsidiaries, agents, partners or joint venturers. No member firm is authorised to obligate KPMG International or any other member firm.
II. KPMG Digital Online Privacy Statement
KPMG Digital believes that the responsible use of personal information collected on its Web Platforms is critical to its business objectives and reputation. As part of our commitment to privacy, we have adopted this Online Privacy Statement. The extent and type of information we receive from you on the Platform depends on the information you or your employer provide to us.
We only use your personally identifiable information to faciliate your use of the Platform.
We use the information you provide to personalise your online experience and to deliver the content most suited to your needs. The Platform also provide an opportunity for you to update your registration information and to configure your own privacy settings.
In addition, "cookies" (i.e. small text files placed on your computer when you first visit the Platform) are used on our Platform. Most browsers now recognise when a cookie is offered and permit you to refuse or accept it. If you are not sure whether your browser has this capability, you should check with the software manufacturer, your company's technology help desk or your Internet service provider.
Cookies are primarily used to enhance your online experience and are not used to track the navigational habits of identified visitors, unless we obtain your permission to do so. If you visit our Platform to access our services or content, much of the information we do collect is statistical only (e.g., the domain from which you access the Internet, the date and time you access our Platform, and the Internet address of the Web Platform from which you linked directly to our Platform) and not personally identifiable. We use this information about the number of visitors and their use of the Platform in aggregate form to make our Platform more useful and attractive to you.
The personal information you provide to us will be retained only for as long as necessary to fulfil the purposes for which the information was collected or as required by law. We do not share personal information with third parties except as necessary to carry out our business or as required by law or other legal processes, and we never sell your personal information. Furthermore, personal data collected by KPMG Digital may be transferred to other member firms of KPMG Digital International where it is necessary to meet the purpose for which you have submitted the information. By submitting data electronically through the Platform, you are providing explicit consent to trans-border transmission of data collected via our Platform.
In addition, we have technological and operational security policies and procedures in place to protect your personally identifiable information from loss, misuse, alteration or unintentional destruction. Our personnel who have access to the data have been trained to maintain the confidentiality of such information.
KPMG Digital understands the importance of protecting children's privacy, especially in an online environment. Our Platform is not intentionally designed for or directed at children under the age of 13 years. It is our policy never to knowingly collect or maintain information about anyone under the age of 13.
KPMG Fulcrum Services Terms and Conditions
These terms and conditions create a contract between an Authorised User, the Authorised User’s Employer and KPMG Digital Solutions (“KPMG Digital”) (the “Agreement”). Please read the Agreement carefully.
A. INTRODUCTION TO OUR SERVICES
This Agreement should be read in conjunction with the KPMG Digital Client Terms of Service, which terms are incorporated by reference thereto. This Agreement governs your use of KPMG Digital’s services (“Services”) as a user or an Administrator (“Authorised User”), through which you can buy, get, license, rent or subscribe to web applications (“Webapps”) and other in-app services (“Content”). Our Services are delivered through Webapps on the KPMG Fulcrum Platform (the “Platform”), your use of which is governed by this Agreement.
To use our Services, you need compatible hardware, software (latest version recommended and sometimes required) and Internet access (fees may apply). Our Services’ performance may be affected by these factors.
Terms found in this Agreement that relate to Services, Content types, features or functionality not available to your Employer are not applicable to you unless and until they become available to you.
B. USING OUR SERVICES
FULCRUM USER ACCOUNT
Using our Services and accessing your Content requires an active KPMG Fulcrum User Account. A KPMG Fulcrum User Account is the account you use to access the Platform and you are responsible for maintaining its confidentiality and security. KPMG Digital is not responsible for any losses arising from the unauthorised use of your KPMG Fulcrum User Account.
Please contact KPMG Digital if you suspect that your account has been compromised.
You must be in the active employ of an approved KPMG Digital Client Organisation (your “Employer”) in order for your KPMG Fulcrum User Account to remain active. If you leave the employ of your Employer or your Employer ceases to be a client of KPMG Digital, your account will be terminated and you will no longer have access to the Platform or any related Webapps and Content.
If you subsequently enter into the employ of another approved KPMG Digital Client Organisation and are provisioned with a KPMG Fulcrum User Account, you will not have access to any Webapps or Content you may have created whilst in the employ of your previous Employer and the Webapps and related Content you then have access to may be different from what you previously were able to access.
It may be possible for your User Account to be linked to more than one organisation at any time. In these instances, you will be able to select which organisation’s profile and Webapps you wish to access after logging in. It is your responsibility to ensure that you are working under the correct employer profile when you perform any Transactions or consume any of the available Services. KPMG Digital will not be held responsible for inappropriate or unauthorised use or any errors or losses incurred through your use of your User Account under the incorrect organisation.
Access to KPMG content
Some of the content available on the Platform is provided by KPMG member Firms. Where the transaction performed by you is for access to such KPMG proprietary content, the transaction is subject to KPMG having satisfactorily completed its own risk and acceptance procedures. Where access to Content is denied due to issues raised in these procedures, your exclusive and sole remedy is a refund of the price paid.
PAYMENTS, TAXES AND REFUNDS
You can acquire Content on our Services for free or for a charge, either of which is referred to as a “Transaction.”
All Transactions are final.
Content prices may change at any time. Such changes will not impact purchases that have been concluded.
Performing a Transaction
When performing a Transaction, you can make payment either by using your Credit Card or through an Electronic Fund Transfer (“EFT”) payment. You may also request a Pro-Forma (or Draft) Invoice which your organisation can use to generate a purchase order.
Where you use a Credit Card to make purchases, KPMG Digital will charge your Credit Card for the Transaction, including any applicable taxes.
Unless you complete the Transaction using your Credit Card, KPMG Digital will charge your Employer for the Transaction directly, including any applicable taxes.
Transactions are not complete and you will not have access to the items added to your cart until payment is received in full and required KPMG permissions are provided.
Using Vouchers on the Platform
From time to time you may be provided with a Voucher that can be used to reduce the amount due on a Transaction. Vouchers may expire and can only be used once and for the purpose specified. When you redeem a Voucher, the applicable discount will be added to your order prior to the payment being processed.
SERVICES AND CONTENT USAGE RULES
Your use of the Services and Content must follow the rules set forth in this section (“Usage Rules”). Any other use of the Services and Content is a material breach of this Agreement. KPMG Digital may monitor your use of the Services and Content to ensure that you are following these Usage Rules.
C. YOUR SUBMISSIONS TO OUR SERVICES
Our Services may allow you to submit materials such as comments, pictures and documents (including associated metadata and artwork). Your use of such features must comply with the Submissions Guidelines below, which may be updated from time to time. If you see materials that do not comply with the Submissions Guidelines, please use the “Report Abuse” feature. KPMG Digital may monitor and decide to remove or edit any submitted material.
Submissions Guidelines: You may not use the Services to:
D. TREATMENT OF YOUR INFORMATION
We may receive confidential information about you or your Employer as you make use of our Services. We will keep confidential and will not disclose your confidential information to any third party. This does not apply to your Confidential information that:
To improve our understanding of clients and their business, to develop our intellectual capital and for purposes of internal review and quality control, applicable professional standards and best practises, we shall be entitled to share all confidential information with KPMG International and its member firms. The party receiving this information will be obliged to comply with these Confidentiality obligations.
You agree to keep confidential and not to disclose to any third party any methodology or technology we use to perform the Services.
E. ADDITIONAL TERMS
Webapp licenses are provided to you by KPMG Digital or a third party developer (“Webapp Provider”).
Any Webapp that you acquire is governed by the Licensed Application End User License Agreement (“Standard EULA”) set forth below, unless KPMG Digital or the Webapp Provider provides an overriding custom license agreement (“Custom EULA”). The Webapp Provider of any Third Party Webapp is solely responsible for its content, warranties and claims that you may have related to the Third Party Webapp. You acknowledge and agree that KPMG Digital is a third-party beneficiary of the Standard EULA or Custom EULA applicable to each Third Party Webapp and may therefore enforce such agreement.
Webapps may offer content, services or functionality for use within such Webapps (“In-App Purchases”). In-App Purchases that are consumed during the use of the Webapp cannot be transferred to other Webapps and, depending on the terms of the particular Webapp, benefits accruing to such In-App Purchases may expire.
F. MISCELLANEOUS TERMS APPLICABLE TO ALL SERVICES
DEFINITION OF KPMG DIGITAL
KPMG Digital Solutions (Pty) Ltd, located at 85 Empire Road, Parktown, Gauteng, South Africa.
KPMG Digital Solutions (Pty) Ltd is a South African Organisation and subsidiary of KPMG Services (Pty) Ltd, a member firm of the KPMG network of independent member firms affiliated with KPMG International Cooperative (“KPMG International”). KPMG International is a Swiss cooperative that serves as a coordinating entity for a network of independent firms operating under the KPMG name. KPMG International provides no services to clients. Each member firm of KPMG International is a legally distinct and separate entity and each describes itself as such.
KPMG Digital reserves the right at any time to modify this Agreement and to add new or additional terms or conditions on your use of the Services. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof.
KPMG Digital is not responsible or liable for third party materials included within or linked from the Content or the Services.
You agree that the Services, including but not limited to Content, graphics, user interface and the scripts and software used to implement the Services, contain proprietary information and material that is owned by KPMG Digital and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by this Agreement. You agree not to modify, rent, loan, sell or distribute the Services or Content in any manner and you shall not exploit the Services in any manner not expressly authorised.
The KPMG name and logo are registered trademarks or trademarks of KPMG International and other product and service names mentioned on the platform may be the registered trademarks or trademarks of KPMG International or a member firm of the KPMG network of independent firms or their respective affiliates. Use of these marks requires express prior permission from, and a license agreement with, KPMG International or a KPMG member firm. Unauthorised use of these and any other of KPMG's portfolio of trademarks will be prohibited to the fullest extent of the law. You are granted no right or license with respect to any of the aforesaid trademarks.
If you believe that any Content available through the Services infringe a copyright claimed by you, please contact KPMG Digital.
If you fail to comply with any of the provisions of this Agreement, KPMG Digital may, without derogating from any other claim that KPMG Digital may have against you: (i) terminate this Agreement and/or your Fulcrum User Account and/or (iii) preclude your access to the Services. Such termination will be made regardless of whether your Employer remains a KPMG Digital client or not.
KPMG Digital further reserves the right to modify, suspend or discontinue the Services (or any part or Content thereof) at any time with and KPMG Digital will not be liable to you or to any third party should it exercise such rights.
This Agreement constitutes the entire agreement between you and KPMG Digital and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and KPMG Digital. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, third-party software or additional services. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect. KPMG Digital's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such or any other provision. KPMG Digital will not be responsible for failures to fulfil any obligations due to causes beyond its control.
You agree to comply with all legislation and regulation that applies to your use of the Services.
KPMG Digital may notify you with respect to the Services by sending an email message to your email address or by a posting on the Services. Notices shall become effective immediately. KPMG Digital may also contact you by email or push notification to send you additional information about the Services.
You hereby grant KPMG Digital the right to take steps KPMG Digital believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You agree that KPMG Digital has the right, without liability to you, to disclose any data and/or information to law enforcement authorities, government officials and/or a third party, as KPMG Digital believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to KPMG Digital's right to cooperate with any legal process relating to your use of the Services and/or Content, and/or a third-party claim that your use of the Services and/or Content is unlawful and/or infringes such third party's rights).