KPMG ADVISORY N.V. CULTURE FACTORY APPS USER TERMS AND CONDITIONS
These user terms and conditions (hereinafter: “User Term and Conditions”) describe the conditions under which use may be made of one or more mobile applications (hereinafter: “Apps“) from KPMG Advisory N.V. (hereinafter: “KPMG“). Please contact helpdesk@KPMGCultureFactory.com or +31 20 656 7402. with any queries about the Apps or these User Terms and Conditions.
1.1 The User Terms and Conditions apply to the use of the Apps (hereinafter: “Use“) as well as the sharing of information, data or other content which is supplied, read, added to a reading list, marked, sent on or distributed in some other way for the purposes of, by means of, from or in the Apps (hereinafter: “Contribution“).
1.5 Additional conditions may apply where it is possible to take part in promotional activities via the Apps. Where and to the extent that those additional conditions are in conflict with the User Terms and Conditions, then the additional conditions shall prevail.
1.6 KPMG may modify the User Terms and Conditions for reasons of their own.
2.1 The User is granted a non-exclusive, non-sublicensable and non-transferable sub-licence for the use of the Apps, deriving from the licence to develop the Apps held by KPMG’s client (hereinafter the “Client“), provided that the User accepts these User Terms and Conditions. The User is not permitted to use the Apps for commercial purposes.
2.2 The User may not provide the Apps and the associated content to third parties, and may not sell, hire out, decompile, reverse engineer or modify the Apps and the associated content without the prior written permission of KPMG. Neither may the User remove or circumvent technical provisions intended to protect the Apps, or have these removed or circumvented.
2.3 KPMG shall be entitled at all times to modify the Apps, to modify or remove data, to refuse the User the use of the Apps by terminating the licence, to restrict the use of the Apps or to refuse access to the Apps in whole or in part, temporarily or permanently. KPMG will inform the User of this in whatever manner deemed appropriate.
2.4 KPMG may make an upgrade of the Apps available. The upgrade will then qualify as an App in the sense employed in these User Terms and Conditions.
3.1 Use of the Apps is at the User’s own expense and risk. KPMG will exert itself to the best of its abilities to provide accurate and timely information. KPMG can however provide no guarantee that such information will still be accurate on the day on which it is received or that it will remain accurate in future. KPMG therefore advises users not to take decisions on the basis of this information, except on the grounds of recommendations from experts, following a thorough investigation of the relevant situation.
3.3 In order to use the Apps the user must provide at his own expense for the necessary equipment, system software and (internet) connection.
3.4 No Contribution shall in any circumstances include any illegal or offensive content (including sexist, pornographic, racist or discriminatory content), nor shall it breach the privacy of any third party in any other sense.
- Intellectual property rights
4.1 All intellectual property rights and/or comparable rights in relation to the Apps and their content, including the underlying software, images, video and audio fragments, shall rest exclusively with KPMG or their licence holders, or the manager of the Apps.
4.2 The User shall at all times take into account the good name and reputation of KPMG entities, and ensure that his use of the Apps in no way damages the rights and/or the reputation of KPMG in any way.
4.3 By means of the placement of a Contribution by the User, the intellectual property rights to this and/or any comparable rights shall, to the extent that these rest with the User, be transferred to KPMG, without KPMG thereby incurring liability to pay any compensation to the User for this. To the extent that a further legal deed is required to effect this transfer, the User shall at the first request of KPMG lend his cooperation to this process. To the extent that the transfer of intellectual property rights and/or comparable rights to the User’s contribution is impossible, the User will provide KPMG with an exclusive, perpetual, sublicensable and transferable licence for the use of the Contribution. With regard to KPMG the User hereby waives any personal rights accruing to him, to the extent that such a waiver is permitted under the applicable legislation. The transfer or licensing of the User’s Contribution shall authorise KPMG to make unrestricted use of the Contribution.
4.4 The User hereby guarantees that where and to the extent that he delivers a Contribution, that Contribution via the Apps breaches no third party’s intellectual property or other entitlements. The User hereby indemnifies KPMG against any potential claims by third parties as consequence of the placing of a Contribution.
- Liability and indemnification
5.1 The Apps have been compiled with the greatest possible care. KPMG can however provide no guarantee or warranty that the Apps will always be available or will always function without interruption, faults or defects, or that the information provided is complete, accurate or up-to-date. KPMG reserve the right to temporarily or permanently suspend the availability of the Apps, possibly without notice, without the User being able to derive any rights from this.
5.2 While the content of the Apps has been put together with the greatest care, and while KPMG have made their best efforts to provide current, accurate and complete information, KPMG provide no guarantee either implicit or explicit that the information provided on the Apps is current, accurate or complete. The User hereby accepts that access to and use of the Apps as well as the information provided on the Apps is solely the responsibility of the User.
5.3 KPMG shall not be liable to the User for (or the accuracy of) the content of the Apps. A Contribution or other communication shall in no circumstances be deemed to be a communication by and/or behalf of KPMG.
5.4 KPMG shall not be liable for damage or injury arising from the use of the App.
5.5 KPMG reserve the right to remove a Contribution or other communication placed on the Apps, possibly without notice, without the User(s) being able to derive any entitlements from this removal.
5.6 The User hereby indemnifies KPMG and holds KPMG harmless from and against any potential claims by third parties resulting from the Use of the Apps, and the whether or not correct performance of legal and/or contractual obligations towards KPMG, any other users of the Apps or any third parties. The User shall reimburse KPMG for all damages and costs suffered by KPMG as a consequence of such claims (including but not limited to judicial or extrajudicial costs).
6.1 The User may terminate the use of the Apps at any desired time, by removing or de-installing the Apps from the User’s mobile equipment.
6.2 KPMG may make the Apps temporarily or permanently unavailable to the User(s), possibly without notice, without the User(s) being able to derive any entitlements from such an action.
- Applicable law, election of forum
7.1 These User Terms and Conditions are subject to Dutch law.
7.2 The Competent Court in the Netherlands shall exclusively be competent to adjudicate all disputes arising from or associated with the use of the Apps.