Terms of Use – Applicant Tracking System

Terms of Use – Applicant Tracking System

This page states the Terms of Use (Terms) under which you (You) may use the KPMG Applicant Tracking System website (Site). These Terms constitute a binding agreement between You and KPMG Australia (KPMG) and are deemed accepted by You each time that You use or access the Site.

These Terms include the KPMG Privacy Policy, which is incorporated into these Terms by reference. Please read these Terms carefully. If You do not accept the Terms stated here, do not use the Site. By using the Site, You agree to be bound by these Terms, including the KPMG Privacy Policy.

KPMG may revise these Terms from time to time by posting an updated version of this page.

Users who violate these Terms may have their access and use of the Site suspended or terminated, at KPMG's discretion.

 

1. Use of Site Content 

  • You agree to supply accurate and current information where required, and are responsible for keeping this information up-to-date.
  • The content of the Site, including designs, text, graphics, images, video, information, logos, button icons, software, audio files and other content (KPMG Content) are the property of KPMG or its licensors and are protected under both Australian and foreign copyright, trademark and other laws.
  • Unauthorised use of the KPMG Content may violate Australian and foreign copyright, trademark, and other laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original KPMG Content on any authorised copy You make of the KPMG Content.
  • You agree not to sell or modify the KPMG Content or copy, reproduce, download display, publicly perform, distribute, or otherwise use the KPMG Content in any way or form, in whole or in part, without KPMG's prior written permission.
  • You further agree to in no other way misuse KPMG Content that appears on this Site.
  • You may not use any of the KPMG Content on any other website or in a networked computer environment (including, without limitation, by uploading or republishing KPMG Content on any Internet, Intranet or Extranet site or incorporating the KPMG Content in any other database or compilation for any purpose).
  • The use of any data mining, robots or similar data gathering or extraction methods is prohibited.
  • Any use of the Site or the KPMG Content other than as specifically authorised by these Terms, without the prior written permission of KPMG, is strictly prohibited.
  • Unless explicitly stated in these Terms, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise.
 

2. Site Restrictions

You shall not violate or attempt to violate the security of the Site, including without limitation, the following activities:

  • Accessing data not intended for You or logging into a server or account which You are not authorised to access.
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.
  • Attempting to interfere with service to any other Site user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "spamming", "mail-bombing" or "crashing".
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

Violations of system or network security may result in civil and/or criminal liability.

 

3. You agree not to:

  • share with a third party any login credentials to the Site;
  • reverse engineer or decompile any parts of the Site; 
  • aggregate, copy or duplicate in any manner any of the KPMG Content or information available from the Site without prior written consent from KPMG; 
  • frame or link to any KPMG Content or information available from the Site.
 

4. Site Information

  • The Site and the KPMG Content may contain inaccuracies or typographical errors. KPMG makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or the KPMG Content.
  • Certain links in the Site or in communications to You may connect to other websites maintained by third parties over whom KPMG has no control. KPMG is not responsible for the content of any connected website and expressly disclaims all and any liability and responsibility to any person in respect of the use of material provided on such website.
  • KPMG cannot guarantee and does not promise any specific results from use of the Site.
 

5. Confidentiality

Account Information and Passwords

  • You are responsible for maintaining the confidentiality of Your account and passwords. You may not share Your password or other account access information with any other party, temporarily or permanently.
  • You shall be responsible for all uses of Your Site registrations and passwords, whether or not authorised by You. You agree to notify KPMG immediately upon becoming aware of any unauthorised use of Your account or passwords.

Ownership of Your Account Information and Passwords

  • You understand and acknowledge that You have no ownership rights in Your account information or passwords.

Treatment of Your Account Information upon Termination

  • If You cancel Your account or Your account is terminated, KPMG reserves the right to terminate this agreement and delete Your account and all of Your Information.
 

6. Warranties

SUBJECT TO LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, KPMG DOES NOT WARRANT THAT THE SITE WILL OPERATE UNINTERUPTED OR ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. THE KPMG CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES EXCEPT AS IMPLIED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, OR STATED EXPRESSLY IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, KPMG MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE OR KPMG CONTENT.

 

7. Disclaimer of Consequential Damages

EXCEPT TO THE EXTENT REQUIRED BY LAW, INCLUDING THE AUSTRALIAN CONSUMER LAW, IN NO EVENT SHALL KPMG BE LIABLE FOR DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR THE KPMG CONTENT.

 

8. Limitation of Liability

SUBJECT TO LAW, KPMG'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THE KPMG CONTENT, WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE, WILL NOT EXCEED AUS$100.

 

9. No Resale or Unauthorised Commercial Use

You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of the Site.

 

10. Collection and Usage of Data

KPMG will collect, use and disclose Personal Information when users apply for positions at KPMG in accordance with the KPMG Recruitment Privacy Statement, which is incorporated into these Terms by reference.

 

11. Term and Termination

  • These Terms will remain in full force and effect while You are a registered user of the Site.
  • If you breach any of these Terms or if KPMG is unable to verify or authenticate any information You submit for registration KPMG may:
    • terminate or suspend your registration without notice; and
    • prevent Your further access to the Site.
  • Upon termination KPMG reserves the right, at its discretion, to pursue all of its legal remedies, including but not limited to removal of Your information, content or other materials from the Site.

 

12. Survival

Even after You are no longer a registered user of the Site, certain provisions of these Terms will remain in effect, including Sections 5, 6, 7, 8, 9, 10, 12, 13.

 

13. General

Access Outside of Australia

  • KPMG makes no claims or representations that the Site or KPMG Content may be lawfully viewed or accessed outside of Australia.
  • Access to the Site or KPMG Content may not be legal by certain persons or in certain countries. If You access the Site from outside of the Australia, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

Jurisdiction

  • These Terms are governed by the laws of the state of New South Wales, Australia, without respect to conflict of laws principles.
  • Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within the state of New South Wales, Australia.

Severability

  • If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 

Waiver

  • No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, KPMG's failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect KPMG's ability to enforce such term at any point in the future.

Communications

  • You consent to receive notice and information from KPMG in respect of the Site by electronic communication. You may withdraw this consent at any time by emailing [insert email address], but if you do so KPMG may choose to suspend or terminate your registration at any time.

Entire agreement

  • These Terms constitute the entire agreement between You and KPMG with respect to the use of the Site. No changes to these Terms shall be made except by a revised posting on this page.