KPMG Bazaar client terms of use

These terms of use apply to the content you provide to us relating to your goods or services (“Content”) for us to upload on to our internal site known as KPMG Bazaar which is owned and operated by us (“our site”).

By completing the KPMG Bazaar Details Form and providing us with Content for use on our site, you confirm that you accept these terms of use and that you agree to comply with them.

We may revise these terms of use at any time and we will notify you of any changes we make, as they will be binding on you.
 

INFORMATION ABOUT OUR SITE

Our site is an internal site where we can upload your Content as a small business accounting client, whilst we provide you with small business accounting services. Our site is not accessible (i) by you; or (ii) by any other external party who is not an employee, partner or director of KPMG LLP.

We may suspend, withdraw, discontinue or change all or any part of our site (including the Content), and/or suspend access to all or any part of our site at any time, without notice to you. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
 

YOUR CONTENT

You grant to us during the term of your engagement with us as a small business accounting client, a limited non-exclusive royalty-free licence to store, copy and otherwise use the Content on our site. You confirm that you have and shall maintain all necessary rights and consents for the purpose of granting the license in this clause. All intellectual property rights in the Content will remain, as between the parties, your property.

Except for Content owned by you, we are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by patent, trademark and copyright laws and treaties around the world. All such rights are reserved.

Content must comply with the following standards which apply to each part of any Content as well as to its whole.

Your Content must:

  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with applicable law in the UK and in any country from which it is posted.
  • When providing to us the URL for a promotional video or advert for your services (limited to Vimeo and YouTube only), be supplied to us with any third party links, website links and advertisements disabled or removed.

Content must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to mislead or deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass, alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that it is in any way endorsed by and, or provided by us.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
  • Provide any offers, promotions or discounts which are more favourable to our employees when compared to offers, promotions or discounts that you provide to other third parties.

You warrant that the Content will comply with the above standards, and you will be liable to us and indemnify us fully for any claim, damages or action arising out of your breach of this warranty.

Content will be considered to be non-confidential.

We have the right not to upload to our site, or use, any Content if, in our opinion, it does not comply with the standards set out in these terms of use.

You shall retain adequate back-ups of the Content that you supply to us.
 

SUSPENSION AND TERMINATION

We will determine, in our sole discretion, whether there has been a breach of these terms of use by you. When a breach of these terms of use has occurred, we may take such action as we deem appropriate or necessary.

Your failure to comply with these terms of use constitutes a material breach and may result in our taking all or any of the following actions:

  • Immediate, temporary or permanent removal of any or all of your Content or your listing on our site.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    We exclude liability for actions taken in response to breaches of these terms of use. The responses described in these terms of use are not limited, and we may take any other action we reasonably deem appropriate.

 

NO WARRANTIES

Our site is provided on an ‘as available’ basis. We do not guarantee that our site, or your Content on it, will always be available or be uninterrupted, or that our site, will be free from errors or omissions.
 

VIRUSES

You must not knowingly introduce viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to make use of our site will cease immediately.
 

DATA PROTECTION

Where you provide Content (including personal data) to us for the purposes of being included on the KPMG Bazaar website, we will use your personal data only for the purpose of advertising your business on the site, unless we obtain your specific consent to other uses, or unless otherwise required or permitted by law or professional standards. If you provide us with personal data belonging to third parties (such as images in a recording), you warrant that the applicable consents have been obtained from those individuals.

We do not disclose your personal data except as required and permitted by applicable law.

We do not sell your personal data or provide it to third parties for their direct marketing use.
Data security and storage

KPMG has appropriate technical and organisational security policies and procedures in place to protect personal data and information from loss, misuse, alteration, or destruction.

Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data which is transmitted to our site; any transmission is at your own risk.

Once we have received your Content, we will use strict procedures and security features to try to prevent unauthorised access.

We use reasonable efforts to retain personal data collected from you only for so long as we need such data in accordance with the purpose for which it was collected or until we are requested to delete it (if earlier).

You have the right to request a copy of personal data (as defined in the Data Protection Act 1998) that we keep about you, and to have any inaccurate information about you corrected. You will have been the source of any personal data provided to us to be used on the site (such as a recording showing images of you). If you wish to make such a request or you are concerned that any of the information we possess about you is incorrect, please contact us at dataprivacy@kpmg.co.uk

If you have questions, comments or complaints about our handling or protection of your personal data, please contact us at dataprivacy@kpmg.co.uk