This site uses cookies to provide you with a more responsive and personalised service. By using this site you agree to our use of cookies. Please read our PRIVACY POLICY for more information on the cookies we use and how to delete or block them.
Home > Legal & Privacy > Terms & Conditions

Terms & Conditions

BDO Portal Terms & Conditions

Terms of Use

By using this Portal, you acknowledge that you have read and agree to these terms. If you do not agree to these terms, you are not authorized to use this Portal and must immediately terminate such use.

You agree to use the Portal in accordance with applicable laws and regulations.

The Portal may redirect you to various separate websites and applications. These Terms apply only to the content of the Portal, and not to each individual website or application to which it is redirected. BDO is not responsible for the content, accuracy or security of any websites or applications linked (hyperlinked or otherwise) to the Portal.

We may revise these Terms of Use at any time in our sole discretion by posting such revised Terms of Use on the Terms of Use link (i.e., this page you are currently viewing) or elsewhere on the Portal. Any such revisions will be effective for you immediately upon posting, unless explicitly stated by us. It is your responsibility to review these revised Terms of Use by visiting this page. Your continued use of Global Portal following changes to these Terms of Use constitutes your agreement to the revised Terms of Use.

The Client and the Client User are fully responsible for their use of the Global Portal and the assigned usernames and passwords (if any). The Customer User shall only use the Portal with his/her own individually assigned username and password or the username and password granting access to the Portal. BDO and any service provider and/or third party involved with BDO shall not be responsible for, or shall not be held liable for, the client user's use of the Portal or the use of assigned usernames and passwords (if any). The Client and the Client User shall not in any way infringe the intellectual property rights of third parties and shall not in any way interfere with or commercially exploit the system of which the Portal is a part, except as expressly permitted herein.

BDO and any service providers and/or third parties engaged by BDO for the purposes of the Portal retain the rights to use and own the Portal and related technology. You are accessing this Global Portal using Microsoft SharePoint technology and by using this Global Portal, you and Customer agree to be bound by their license terms, set forth herein, as they may be amended from time to time.

The Client and the Client User shall maintain the confidentiality of the content and technology of this Global Portal using at least the same degree of care that the Client and the Client User use to maintain their own proprietary and/or confidential information, but in no event using less than a reasonable degree of care.

The Client and the Client User shall ensure that all and all copies of such content (whether printed or electronic) of this Global Portal retain and/or reflect any copyright, privacy or other legal notices that appear on or with such material when accessing this Global Portal. The Client and/or the Client User shall not copy, download, reproduce, modify or distribute this technology from the Global Portal in whole or in part, unless expressly and previously permitted elsewhere in writing outside of these Terms.

Except as otherwise provided in an applicable engagement letter, you and the Client may not engage in any of the following with respect to the Portal and/or its content, and you and the Client may not authorize other parties to do so:

(a) use the Service for purposes other than those for which access was provided,

(b) copy or distribute the Portal or any of its contents,

(c) modify or create an excerpt from the Portal,

(d) infer, modify or modify the source codes relating to the Portal, or

(e) distribute, operate, transfer or sublicense the Portal or any rights therein.

As a Customer and Customer User, you remain responsible at all times for the accuracy and completeness of the data brought to the Global Portal and for its timely submission.

If you and/or the Customer save information from the Global Portal on your own computer, server or other storage medium, you and/or the Customer are responsible and liable for the security, storage and availability of such information.

Global Portal Availability

If, for any reason, the Portal is unavailable for more than one day, you and/or the Client should contact your BDO contact both by telephone and email and, if necessary, alternative arrangements will be made for the submission, preparation and/or approval of documents so as not to prejudice any timely filing of documents or otherwise. If you and/or the Client do not immediately contact BDO, BDO will not be liable for the consequences of any late filing of documents or otherwise.

BDO is responsible for maintaining the technical and organisational environment necessary for the Portal and endeavours to ensure that the information contained therein is secure and accessible only to authorised persons.

BDO does not guarantee the continued availability of the Portal. BDO reserves the right, at its sole discretion, to remove the Portal, either from you and the Client and/or in general, in cases such as virus attacks, breaches of internet security, problems caused by problems with the Client's login or in other situations where uninterrupted use of the Portal is or may be threatened. Where possible, BDO will inform the Client in advance. If you and/or the Client become aware that security may be at risk, you must notify BDO immediately by telephone and in writing (including by email).

BDO will notify the Client in advance of any planned maintenance of the Portal.

Access to Global Portal

Customer's access to the Global Portal is governed by Customer's local member company.

To access the Portal, you and/or the Client may have received a username and password from your local member company. The username and password must be treated confidentially and are not transferable.

You and the Customer are responsible for the proper use and security of the Customer's hardware and software and the user certificates providing access to the Portal. You and the Customer may not allow unauthorized parties to access the Portal. You and the Client must use reliable and up-to-date anti-virus software before and during the use of the Portal. In addition, you and/or the Client may not use the Portal in non-secure environments (such as internet cafes).

If you and/or the Client know or suspect that third parties are, or may become, username or password information or that these have been lost, stolen or missing, you and/or the Client must notify BDO immediately.

If necessary for the proper functioning of the Global Portal, the customer user's password(s) may be reset from time to time.

If BDO grants the Client access to the Portal, the Client obtains a limited, non-exclusive, non-transferable right to use the Portal.

The Client's access to this Portal and therefore the right to use this Portal shall apply for the duration of the Engagement, unless the parties agree that BDO will make the Portal available for a longer period of time with or without any change in its form and content.

BDO has the right to terminate or prematurely postpone for an indefinite period of time, at any time, with immediate effect and without notice, the Client's and Client's Users' access to, and therefore its right to use all or part of the Portal, for the purposes of maintenance, adjustment or improvement or in relation to events threatening the security of the Portal.

Upon termination of the right to use the Portal and upon the express request of the Client, BDO will return the information and data available to the Client on the Portal, unless and to the extent that the information and data do not apply specifically to the Client or the Client user.

Upon termination of the right to use the Portal, BDO will destroy the Client's information and data, unless BDO requires the information and data to perform the engagement or to comply with its legal or professional custody or other obligations.

Third

BDO may engage service providers and/or third parties for the purpose of maintaining and maintaining the Portal. To the extent that contracted third parties may need to have access to the Global Portal and possibly to the information of the Client or the Client's users, you and the Client consent to the processing of your data and the same for these purposes. You and the Client hereby authorise BDO and the above-mentioned service providers and/or third parties to whom BDO has engaged to process all data provided. If the Client is required to obtain the authorisation of other parties for the processing of any data, the Client warrants that it has such authorisation.

Liability, Indemnification

While we take commercially reasonable steps to make this Portal useful and secure, this Portal (including all Portal technology, Portal content, and other content) is provided as is, without warranty of any kind. Without limiting the foregoing, we do not warrant that this Portal will be secure, error-free, free of viruses or malicious code, or will meet any particular criteria of performance or quality, and we expressly disclaim all implied warranties, including warranties of merchantability, title, and fitness for a particular purpose,  Non-counterfeiting, compatibility, security and accuracy.

BDO is only liable for direct damages or costs incurred as a result of a deliberate intent to cause damage, deception, fraud or willful recklessness on the part of the staff of BDO member firms.

Your and Customer's use of this Portal is at your own risk and you assume full responsibility and risk of loss resulting from your use, including with respect to loss of service or data. We will not be liable for any damages or costs incurred by you, the Customer, or by third parties as a result of your use or the Customer's use of the Portal, regardless of the reason for such damages or costs, which may include, without limitation, damages due to: (i) inaccurate or incomplete customer information; (ii) malfunctions, errors, delays or any other deficiencies of the Portal and/or BDO's means of communication, such as the inability to send, receive, store or modify information; (iii) viruses, spyware and other harmful software; (iv) temporarily or prolonged denial of access to the Portal or closure of the Portal for maintenance, adjustment or improvement; (v) the modification, extension or (partial) deletion of the Portal; (vi) any act or omission by you, the Client and/or other authorized users, in breach of obligations arising out of or in connection with the Portal; or (vii) loss of power if you and/or Customer are connected to the system.

BDO is not responsible for the existence of an operational point-to-point connection between the systems and software owned or used by the Client and the Global Portal or the platform on which the Global Portal operates.

If the Client uses the single sign-on functionality to log in to software applications owned or licensed (paid or free license) to the Client, BDO is not responsible and/or liable for the content and/or use of the software, software packages or data in question.

Except as set out above, BDO is not liable for any loss of turnover, profit or goodwill for any reason, even if BDO has been advised of the likelihood of such loss. BDO will endeavour to repair malfunctions reported to BDO by you and/or the Client, unless the cause of the malfunction is attributable to you and/or the Client or to the system and/or software used by you and/or the Client. If you and/or the Client act in breach of any obligations arising out of or in connection with the use of the Global Portal, you and/or the Client will be liable for all resulting damages and costs incurred by BDO.

The Client indemnifies BDO against all third-party claims arising out of or in connection with the Portal, including, but not limited to, third-party claims arising from the failure by the Client or persons working at or for the Client to perform any of the obligations applicable to them.

The above limitations of liability apply not only to us, but also to each other entity in the BDO network and our respective staff.

If any of the above limitations of liability are invalid or unenforceable in any jurisdiction, (i) in such jurisdiction, it shall be reconstrued to the maximum extent permitted by law to carry out its intent as closely as possible and the remaining terms shall remain in full force and effect, and (ii) in all other jurisdictions,  All such terms shall remain in full force and effect.

Intellectual property

BDO or the third party from whom BDO has obtained permits/licenses shall at all times remain the owner of all intellectual property and other rights in this Portal.

You or the Client may not post any information relating to the Portal or exploit or use the Portal in any way with the help of third parties or alone (including, but not limited to, storing or reproducing all or part of the Portal on another web page or by inserting links,  hyperlinks or deep links between the Portal and any other web page) for which no prior written permission has been obtained from BDO.

Force majeure

BDO is not bound by any obligation that it is unable to meet due to force majeure. Force majeure includes third-party failures incurred by BDO as well as disruptions or failures of power supply and/or telecommunications systems.

 

Proprietary Rights

You may create a link to this Portal provided that such link does not imply unauthorized use of the Portal or our logos; any false statement (actual or implied) of endorsement by BDO or any other relationship with BDO; or any other infringement of our trademarks, copyrights and/or other intellectual property rights.

This Portal contains material that is owned or licensed to us. This material includes, but is not limited to, the design, layout, look, feel, and graphics of the Global Portal. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms of Use. You may not, except with our express written permission, distribute or commercially exploit the Content. You may also not transmit or store it on any other website or other form of electronic retrieval system.

Proof

Data extracts from BDO's computer and other systems will provide sufficient evidence of any use of the Portal and all instructions, instructions and other communications between BDO and you and/or the client, as well as all transactions and activities carried out in connection with the engagement. Evidence to the contrary can only be presented in the event of obvious errors in the data extracts from BDO's computer and other systems. The use of login data for the Portal provides sufficient proof of the identity of the authorized user.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the country in which the BDO member firm that granted you access to the Portal is headquartered. The courts of that country shall have exclusive jurisdiction to resolve any dispute arising out of these Terms.

 

Up next: