BDO Portal - Client User Terms
Availability of the BDO Portal
Access to the BDO Portal
The BDO Portal web site (the “BDO Portal”) is an online collaboration space, available 24/7, designed to assist you, our clients, in meeting the business challenges you face by connecting you with the knowledge and expertise of the BDO professionals and to assist the BDO professionals in serving you better.
This BDO Portal is made available to you by BDO New Zealand
BDO is an international network of independent public accounting, tax and advisory firms (the “BDO Network”), which perform professional services under the name of BDO (each a “Member Firm” or “BDO Member Firm”). BDO International Limited (“BDOI”) is a UK company limited by guarantee. It is the governing entity of the BDO Network.
Each of BDOI and the Member Firms is a separate legal entity and has no liability for another such entity's acts or omissions. Nothing in the arrangements or rules of the BDO Network shall constitute or imply an agency relationship or a partnership between any of BDOI and/or each of the Member Firms.
BDOI provides no client services. Services are provided solely by the BDO Member Firms in their respective geographic areas.
Each BDO Member Firm (also referred to herein as “we”, “us”, “our” or BDO) may invite personnel who are not part of the BDO Network to use this BDO Portal pursuant to these Terms. If you are such an invitee, these Terms are applicable to you (and further references below to “you”, “yourself”, “your”, “Client User” or “Client Users” shall be applicable to you as such an invitee).
The Client has requested that we grant you, the Client User, access to this BDO Portal. By this request, the Client confirms its agreement with these Terms and these Terms shall be a legally binding agreement between the Client and the BDO Member Firm.
Prior to your use (or continued use) of this BDO Portal, you, as the Client User, must agree to these Terms and these Terms shall be a legally binding agreement between you, as the Client User, and the BDO Member Firm that invited you to this BDO Portal.
Where we and a Client have agreed, pursuant to an engagement letter or other contract (each an “Engagement Letter”) to the performance of services or delivery of deliverables (an “Engagement”), then all Engagement services and deliverables shall be governed by the Engagement Letter and, where applicable, these Terms. In the event of any conflict between an Engagement Letter and these Terms, the terms of the Engagement Letter shall prevail with respect to the applicable Engagement. In all other cases, these Terms shall apply to the use of the BDO Portal except as specified otherwise in these Terms.
Although parts of these Terms may make reference to other entities in the BDO Network, these Terms are only with us and not with any of those other entities.
By using this BDO Portal, you are agreeing to these Terms. If you do not agree to these Terms, then you are not allowed to use this BDO Portal and should immediately terminate such usage.
The BDO Portal may redirect you to various separate web sites and applications. These Terms apply solely to the content on the BDO Portal, and not to each individual web site or application it redirects to. BDO does not bear any responsibility whatsoever for the content, accuracy or security of any web sites or applications that are linked (by way of hyperlink or otherwise) to the BDO Portal.
The Client and the Client User are wholly responsible for their use of the BDO Portal, and for the user names and passwords allocated (if relevant). The Client User shall make use of the BDO Portal only with its own individually allocated user name and password or the user name and password granting access to the BDO Portal. BDO and any third parties involved with BDO shall not be responsible, or be held responsible, for the Client User’s use of the BDO Portal, or for the use of the user names and passwords allocated (when relevant). The Client and the Client User shall in no way violate third party intellectual property rights, and shall in no way interfere with or commercially exploit the system of which the BDO Portal forms a part of, except as specifically permitted herein.
BDO and any third parties engaged by BDO for the purposes of the BDO Portal retain the usage and ownership rights to the BDO Portal and the related technology. You access this BDO Portal using Microsoft SharePoint technology and by using this BDO Portal, you and the Client agree to be bound by the license terms, set out here, as they may be amended from time to time.
The Client and the Client User will maintain the confidentiality of the content and technology of this BDO Portal using at least the same degree of care as Client and the Client User use in maintaining 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 will ensure that any and all copies of this BDO Portal content (printed or electronic) retain and/or reflect any copyright, confidentiality, or other legal notice that appears on or with such material when accessed on this BDO Portal. The Client and the Client User will not copy, download, reproduce, modify or distribute this BDO Portal technology in whole or in part, except as expressly permitted by BDO 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 relating to the BDO Portal and/or its contents, nor may you and the Client authorise other parties to do so:
(a) make use of the service for any purpose other than that for which access has been provided by BDO (including using the BDO Portal in any way that is illegal or in breach of these Terms),
(b) copy or distribute the BDO Portal or any of its contents,
(c) amend or create an extract of the BDO Portal,
(d) deduce, change or edit any source code relating to the BDO Portal,
(e) distribute, exploit, transfer or sub-license the BDO Portal or any rights related to it,
(f) introduce into the BDO Portal any malware, viruses, worms, spyware or Trojan Horses, or
(g) attempt to access the accounts of any user of the BDO Portal other than your own account.
The Client User and the Client remain at all times responsible for the accuracy and completeness of the data contributed to the BDO Portal and for the timely submission thereof.
If you or the Client save information from the BDO Portal on to a computer, server or other storage medium, you and the Client are responsible and accountable for the security, storage and availability of this information.
If, for whatever reason, the BDO Portal is unavailable for more than one day, you and/or the Client shall contact your BDO contact person both by telephone and by email and, where necessary, alternative arrangements will be made for submission, preparation and/or approval of the documents so as not to prejudice any timely filing of documents or otherwise. If you and/or the Client do not make immediate contact with BDO, BDO shall not be responsible for the consequences of any late filing of documents or otherwise.
BDO is responsible for using reasonable endeavours to maintain the technical and organisational environment necessary for the BDO Portal and taking reasonable steps to ensure that the information therein is secure and accessible only to authorised persons.
BDO does not guarantee the availability of the BDO Portal. BDO reserves the right, at its own discretion, to withdraw the BDO Portal, either from you and the Client and/or in general, including, but not limited to, such instance as virus attacks, internet security breaches, problems caused by Client connection issues or in other situations where uninterrupted use of the BDO Portal is or may be threatened. Where possible, BDO shall notify the Client in advance. If you and/or the Client become aware that security may be threatened, you shall notify BDO immediately by telephone and in writing (including by email).
BDO shall use reasonable endeavours to notify the Client in advance of any planned maintenance of the BDO Portal.
Client access to BDO Portal is governed by the Client’s local Member Firm.
To access the BDO Portal, you and/or the Client may have received from your local Member Firm a user name and a password. You and/or the Client must treat the user name and password as confidentially, and they are not transferable. You must ensure you log-out of the BDO Portal when you have finished visiting the BDO Portal, especially if you access the BDO Portal from a shared computer.
You and the Client are responsible for the proper usage and security of the Client's hardware and software and of the user certificates giving access to the BDO Portal. You and the Client are prohibited from allowing unauthorized parties access to the BDO Portal. You and the Client are required to use reliable and appropriate antivirus software before and during use of the BDO Portal. Furthermore, you and/or the Client may not use the BDO Portal in non-secure environments (such as internet cafés).
If you and/or the Client know or suspect that third parties are, or may become, privy to information concerning the user name or password or that these have been lost, stolen or are missing, you and/or the Client must notify BDO immediately.
If necessary for the proper running of the BDO Portal, the Client User's password(s) may be reset from time to time.
If BDO grants the Client access to the BDO Portal, the Client obtains a limited, revocable, non-exclusive and non-transferable right to use the BDO Portal.
The Client’s access to this BDO Portal and hence the right to use this BDO Portal apply for the term of the Engagement, except if revoked earlier by BDO or if the parties agree that BDO will make the BDO Portal available for a longer period with or without changes to its form and content.
BDO has the right to prematurely terminate or defer for an indefinite period of time, at any time, with immediate effect and without having to give prior notice, the Client’s and the Client Users’ access to and hence its right to use all or parts of the BDO Portal, for any purpose, including for maintenance, adjustments or improvements or in connection with events of threat to the security of the BDO Portal.
Upon termination of the right to use the BDO Portal, and upon request from the Client, BDO will return the information and data available to the Client on this Portal as soon as reasonably practicable, except if and insofar as the information and data does not specifically apply to the Client or the Client User.
Upon termination of the right to use the BDO Portal, BDO will destroy the Client’s information and data that it holds, except if its return is requested by the Client, or BDO needs the information and data to perform the Engagement or to comply with its statutory or professional safekeeping duties or other duties.
Termination of the right to use the BDO Portal does not affect the rights and liabilities of any party that have accrued beforehand.
Although we take commercially reasonable steps to make this BDO Portal useful and secure, this BDO Portal (including all BDO Portal technology, BDO Portal content and other content) is provided as is, without warranty of any kind. Without limiting the foregoing, we do not warrant that this BDO Portal will be secure, error-free, free from 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-infringement, compatibility, security, and accuracy. In particular, if you or the Client are acquiring access to this BDO Portal in trade, the guarantees implied by the Consumer Guarantees Act 1993 are expressly excluded and you and the Client each agree to contract out of sections 9, 12A and 13 of the Fair Trading Act 1986 to the extent necessary to permit the inclusion of this provision.
BDO is only responsible for damage or costs incurred due to its wilful default or fraud.
Your use and the Client’s use of this BDO Portal is at your own risk and you assume full responsibility and risk of loss resulting from your usage, including with respect to loss of service or data. We will not be liable for any damage or costs (including for any loss of profits, revenue, business or goodwill, costs of procuring substitute services, business interruption, indirect, incidental, special or consequential loss, even if such loss was reasonably foreseeable) incurred by you, the Client or by third parties as a result of your or the Client’s use of, or access to, the BDO Portal, regardless of the reason for such damage or costs, which may include without limitation damage due to: (i) inaccurate or incomplete Client information; (ii) malfunctions, errors, delays or any other deficiencies of the BDO Portal and/or BDO’s means of communication, such as not being able to send, receive, store or change information; (iii) viruses, spyware and other harmful software; (iv) temporary or prolonged denial of access to or shutdown of the BDO Portal for the purposes of maintenance, adjustments or improvements; (v) the alteration, extension or (partial) deletion of the BDO Portal; (vi) any acts or omissions by you, the Client and/or other authorised users in breach of the obligations arising from or in connection with the BDO Portal; or (vii) loss of electricity if you and/or the Client are logged in on the system.
BDO is not responsible or liable for the existence of an operational point-to-point connection between the systems and software owned or used by the Client and the BDO Portal or the platform on which the BDO Portal runs.
If the Client uses the Single-Sign-On functionality to connect to software applications owned by or licensed (paid or free licence) to the Client, BDO is in no way responsible and/or liable for the content and/or use of the software, software packages or data in question.
BDO will use reasonable endeavour to repair malfunctions reported to BDO by you and/or the Client, except if 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 the obligations arising from or in connection with the Terms, or the use of, or access to the BDO Portal, you and/or the Client will be liable for all the resulting damage and costs incurred by BDO or third parties.
The Client indemnifies BDO against any and all third-party claims arising from or in connection with the BDO Portal, including but not limited to third-party claims arising from non-fulfilment by the Client or persons working at or for the Client of any of the obligations applicable to them.
The above limitations of liability shall be applicable not only to us but also to each other entity within the BDO Network and to our and their respective personnel.
If any of the above limitations of liability is invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law to effect its intent as nearly as possible and the remaining terms shall remain in full force and effect, and (ii) in every other jurisdiction all of these terms shall remain in full force and effect.
BDO or the third party from which BDO has obtained permits/licences will at all times remain the owner of all the intellectual and other property rights regarding this BDO Portal.
This BDO Portal contains material which is owned by or licensed to your local BDO Member Firm. This material includes, but is not limited to, any features developed or provided by your local BDO Member Firm, including, but not limited to, analytics, insights, CRM connectivity, as well as users, clients and projects lists.
You or the Client may not publish information relating to the BDO Portal or operate or otherwise use the BDO Portal with the aid of third parties or on its own in a manner (including but not limited to storing or reproducing all or part of the BDO Portal on another internet page or inserting links, hyperlinks or deep links between the BDO Portal and any other internet page) for which no prior written permission has been obtained from BDO.
BDO is not obliged to meet any obligation it is unable to meet due to force majeure. Force majeure is understood to include any situation which BDO does not have full control over, including shortcomings by third parties engaged by BDO as well as disruptions to or failures in the electricity supply and/or telecommunications systems.
You may link to this BDO Portal provided that such link does not involve unauthorized use of the BDO Portal, or of our logos; any false claims (actual or implied) of endorsement by, or other relationship with BDO; or any other infringement of our trademarks, copyright and/or other intellectual property rights.
This BDO Portal contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics of the BDO Portal. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms. You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other web site or other form of electronic retrieval system.
Data extracts from BDO’s computer and other systems will provide sufficient evidence of any and all use of the BDO Portal and any and all instructions, guidelines and other communications between BDO and you and/or the Client, as well as any and all transactions and activities carried out under the Engagement. Evidence to the contrary may be submitted only in the event of clear errors in the data extracts from BDO’s computer and other systems. The use of login data for the BDO Portal provides sufficient proof of the identity of the authorised user.
These Terms shall be governed by and construed in accordance with the laws of the country where the head office of the BDO Member Firm which has granted you access to the BDO Portal is located.
Should any dispute arise between us, the parties will attempt to resolve it by senior level negotiations (this may include mediation using the services of an agreed mediator). If the dispute is not resolved through negotiation or mediation the courts of that country shall have exclusive jurisdiction to resolve any disputes arising out of these Terms.
Each of the provisions of these Terms is severable.
You may not without BDO’s prior written consent, assign, transfer or otherwise deal in any way with (or attempt to do any such thing) the benefit of, or any of your rights or obligations under or interest in these Terms.
Provisions which are, by their nature, intended to survive termination of these Terms continue in effect after termination of these Terms.
No right, power, or remedy provided by law or under these Terms will be waived, impaired or precluded by any delay or omission to exercise it.
For any further information or questions regarding these Terms, please send us an email at email@example.com
Consent to processing
What personal information do you collect when I visit this BDO Portal?
When do you collect personal information through this BDO Portal?
How do you use my personal information?
Will you provide my personal information to a third party?
How long do you keep my personal information?
Is my personal information secure?
Updating this Privacy Statement
This privacy statement (“Privacy Statement”) applies only to this BDO Portal which is provided by BDO New Zealand (also referred to below as “we”, “us”, “our” or “BDO”).
The BDO Portal may redirect you to various separate web sites and applications. This Privacy Statement applies solely to the content on the BDO Portal, and not to each individual web site it redirects to.
By using this BDO Portal and submitting any personal information to us, you agree to the use by us of your personal information in accordance with the terms of this Privacy Statement.
We collect personal information in order to manage, conduct and administer the BDO Portal, in relation to Engagements, in the ordinary course of business, to market BDO and the BDO Portal and to meet our legal obligations (the Purposes). We may collect, hold, use and disclose your personal information in connection to the Purposes.
In some cases, if personal information we request is not provided, it might adversely impact our ability to manage, conduct and administer the BDO Portal or to perform our obligations.
Personal information means information about an identifiable individual.
By providing any personal information to this BDO Portal, you fully understand and unambiguously consent to the transfer of such personal information, and the collection and processing of such personal information provided
Please note that any other specific websites contained within this BDO Portal are provided by the applicable related entities managing them and are not the responsibility of BDO. Such websites, as well as other websites that may be linked to this BDO Portal, are not governed by this Privacy Statement. We encourage visitors to review each of these other web sites' privacy statements before disclosing any personal information.
In order to register and gain access to this BDO Portal, users may be asked to provide their full name, email address and location. This information is used to verify your identity each time you log in to this BDO Portal. You may also have the option to submit additional information such as telephone number, the name of your company, your professional position and your picture. This information will be used to manage your account and customize and improve this BDO Portal.
Please note that personal or other information that you upload or post via this BDO Portal may also be read or used by other authorised users who have been granted access to this BDO Portal’s collaboration spaces to which you have access.
We do not collect sensitive personal information from you from this BDO Portal. Sensitive information includes data relating to: race or ethnic origin; political opinions; religious or other similar beliefs; physical or mental health; trade union membership; sexual orientation or criminal record. Where you provide sensitive personal information to us voluntarily we will assume that we have your explicit consent to use that information in connection with the purpose for which it has been provided.
Where we process personal data of European Union (EU) citizens in accordance with your instructions, you acknowledge and agree that you:
(a) will remain the sole data controller of such personal data;
(b) will be responsible for the legality of the data processing and observing the rights of the data subjects; and
(c) must comply with all applicable privacy and data protection laws (including the EU General Data Protection Regulation).
You warrant that you have provided the appropriate notifications and obtained the necessary consents to allow BDO to process personal information in accordance with these Terms and you indemnify and hold BDO harmless from and against any and all claims, loss, or liability suffered or incurred by us as a result of such processing.
When you visit this web site, we may collect technical information such as your IP (Internet Protocol) address, details of the pages you visit on this BDO Portal, and which browser you used to view this BDO Portal.
We collect personal information from you as reasonably required in connection to the Purposes, including in the following circumstances:
- when you register to BDO Portal
- when you complete your user profile
- when you subscribe to any of our insights
- when you subscribe to any of our blogs
- when you register to attend an event
- when you enter a discussion forum
- when you contact us to request further information.
We will indicate where the provision of information is voluntary or compulsory. We would normally only request additional information to enable us to provide the most appropriate response to your request.
We only use the personal information that you provide to deal with your request, in connection with the Purposes, and to manage this BDO Portal and the services that we offer to you via this BDO Portal as described in this Privacy Statement.
When requesting material or asking someone to contact you, there will be the option to receive other information that may be of interest.
Subject to the exceptions set out in the Privacy Act 1993 (the Privacy Act), you may seek access to the personal information which we hold about you by contacting us. We will require you to verify your identity and to specify what information you require. A fee may be charged for providing access. If a fee is to be charged, we will advise you of the likely cost in advance.
We will endeavour to ensure that the personal information we hold is accurate, complete and up-to-date. We encourage you to contact us in order to update any personal information we hold about you. Contact details are set out below. You have the right to correct any personal information we hold about you in accordance with the Privacy Act.
If you have any query or concern about how we handle your personal information, then please get in contact with us. We will respond as soon as practicable.
If you would like to opt out of receiving promotional or marketing e-mail from us in the future, you may let us know by sending an e-mail to us at firstname.lastname@example.org, and stating the e-mail address you wish to be removed from our mailing list. However, your option not to receive promotional and marketing e-mail shall not preclude us from corresponding with you, by e-mail or otherwise, regarding your existing relationship with us.
We may contract with other companies or individuals to deal with your enquiry or to otherwise operate this BDO Portal or our business activities. We may give such companies access to your personal information in connection with the Purposes on our behalf, and these companies will process your personal data only on BDO's instructions and solely for the Purposes. We may also share your personal information with other member firms within the BDO network provided that this is consistent with the basis on which we have collected your personal information.
From time to time, we may disclose personal information in response to a court order, subpoena, government investigation, or as otherwise required or permitted by law.
We do not provide information to third parties for their own marketing purposes and we do not undertake mailings for third parties.
We may, as a result of a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our company (a "Reorganisation Event"), transfer, sell or assign your personal information to third parties involved in the Reorganisation Event.
We will not hold your personal information for longer than is required for the purposes for which the information may lawfully be used. We will delete it in accordance with our data retention policies.
We will use reasonable endeavours to ensure that any personal information we hold about you is protected from misuse and loss and from unauthorised access, modification or disclosure by reasonable security safeguards.
You acknowledge that in order to provide services to you via this BDO Portal we may need to transfer your personal information to countries that may not provide a level of protection of personal information that may be regarded as equivalent to that afforded under the European data protection legislation. Whenever your personal information is transferred internationally, we will take appropriate steps to ensure its security and confidentiality in accordance with applicable data protection law.
We may modify or update this Privacy Statement from time to time. You will be able to see when we last updated the Privacy Statement because we will include a revision date. Changes and additions to this Privacy Statement are effective from the date on which they are posted. Please review this Privacy Statement from time to time to check whether we have made any changes to the way in which we use your personal information.
We gather information from users of this BDO Portal automatically and when you decide to provide us with information, for example, when you register to this BDO Portal. This information is treated with confidence, and is only used by BDO as per the terms of the Privacy Statement.
We may use "cookies" to keep, and sometimes track, information about you.
Cookies are small text files which are downloaded to your computer or mobile device when you visit a web site or application. Your web browser (such as Internet Explorer, Mozilla Firefox or Google Chrome) then sends these cookies back to the web site or application on each subsequent visit so that they can recognise you and remember things like personalised details or user preferences. Cookies do not damage your system. You can reset your browser so as to refuse any cookie or to alert you to when a cookie is being sent.
BDO does not share this data with third parties unless reasonably necessary in connection with the Purposes (outlined in our Privacy Statement). Our cookies do not store sensitive information such as your name or address, they simply just enable us to see behaviour on the web site to help us improve your experience. However, if you’d prefer to restrict, block or delete cookies from this BDO Portal, or any other web site, you can use your browser to do this. Each browser is different, so check the ‘Help’ menu of your particular browser (or your mobile phone’s handset manual) to learn how to change your cookie preferences.
There are various ways that you can control and manage your cookies which are discussed in a bit more detail below. Please remember that any settings you change will not just affect this BDO Portal’s cookies. These changes will apply to all web sites that you visit (unless you choose to block cookies from particular web sites).
Most modern browsers will allow you to:
- See what cookies you’ve got and delete them on an individual basis
- Block third party cookies
- Block cookies from particular web sites
- Block all cookies from being set
- Delete all cookies when you close your browser
You should be aware that any preferences will be lost if you delete cookies. This includes where you have opted out from cookies, as this requires an opt-out cookie to be set. Also, if you block cookies completely many web sites will not work properly and some functionality on these web sites will not work at all.
If you’d like to learn more about cookies in general and how to manage them, visit aboutcookies.org*
*Please note that we can’t be responsible for the content of external web sites.