KPMG Aviator - Forgot password

KPMG grants to Company a non-exclusive, royalty-free, limited and revocable licence to access and use, and to permit Company's officers, employees, agents, contractors and other professional advisers directly involved in any engagements(s) between KPMG and Company and/or any if its group members and any other individual nominated and approved by Company (collectively, "Authorized Users") to access and use, KPMG Aviator and the content posted on it from time to time by or on behalf of KPMG and/or any of the member firms of the KPMG network of independent firms ("KPMG Content"), solely for the purpose of the relevant engagements(s).

Company will ensure that all Authorized Users who access KPMG Aviator comply with these Terms and Conditions and, as condition of such access, agree to and comply with the Terms of Use published on it. Company will promptly notify KPMG about any Authorized User who should no longer have access to KPMG Aviator.

Company will not:

except as expressly permitted by these Terms and Conditions, permit any third party to access or use KPMG Aviator or use it on behalf of any third party (which includes operating any form of facility on behalf of any third party or operating a software bureau or similar service);
create Internet "links" to the Service or "frame" or "mirror" any KPMG Content on any other server or wireless or Internet-based device;
attempt to discover or gain access to the source code for KPMG Aviator or reverse engineer, modify, decrypt, extract, disassemble or decompile the software it employs (except to the extent that Company is permitted to do so under applicable law in circumstances under which KPMG is not lawfully entitled to restrict or prevent the same);
attempt to interfere with the proper working of KPMG Aviator and, in particular, must not attempt to circumvent security, licence control or other protection mechanisms, or tamper with, hack into or otherwise disrupt KPMG Aviator or any associated website, computer system, server, router or any other internet- connected device;
obscure, amend or remove any copyright notice, trade mark or other proprietary marking on, or visible during the operation or use of, KPMG Aviator;
in accordance with clause 7 of our General Terms of Business to the Engagement Letter, you shall not copy, refer to or disclose any information provided to you on KPMG Aviator without our prior written consent; or
use KPMG Aviator to upload, store, post, email, transmit or otherwise make available any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), or that does not comply with all applicable laws and regulations ("Prohibited Content"), and shall not permit any Authorized User or other third party to do any of the foregoing.

Company acknowledges that except for the limited licence granted herein to Company by KPMG, Company acquires no right or interest of any kind in or to KPMG Aviator or any KPMG Content. Company agrees not to license, sell or otherwise profit from KPMG Aviator.

Company agrees to comply with all KPMG security, technology and risk management policies, rules, and guidelines relating to the use of KPMG Aviator of which KPMG has notified the Company from time to time. If Company does not agree to new or changed policies, then Company will immediately advise KPMG and KPMG may, in its sole discretion, terminate Company's use of KPMG Aviator. Company further agrees to promptly notify KPMG if Company becomes aware of any event or action which might reasonably impair KPMG Aviator's security, such as improper access to the password of an Authorized User.

Company acknowledges that, whilst KPMG has designed KPMG Aviator with information security in mind and has taken steps to safeguard the security of KPMG Aviator by way of the measures described in the KPMG Aviator Portal online privacy statement, KPMG cannot guarantee that KPMG Aviator is invulnerable to hacking or other unauthorized access by third parties. Company also acknowledges that transmission of information over the Internet is not entirely secure and there is always the possibility of unauthorized interception by third parties.

KPMG does not guarantee that any content posted on KPMG Aviator will be free from viruses and/or other code that may have contaminating or destructive elements. It is Company's responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy its particular requirements as to the safety and reliability of content it accesses through KPMG Aviator. KPMG accepts no responsibility for the content of any third-party websites, hyperlinks to which may be featured on KPMG Aviator.

KPMG is a Data Controller for any log in information provided by Authorised Users of KPMG Aviator. To the extent that either party processes any personal data comprised in any content posted on KPMG Aviator, the processing shall comply with the Engagement Letter and any data processing agreement which may be in place between the parties.

Company acknowledges that KPMG may disclose any and all content on KPMG Aviator to the extent required to do so by applicable laws, legal process or regulatory authority. Client understands that its personal and/or confidential information may be subject to disclosure in accordance with the laws applicable in the jurisdiction in which the data is processed or stored, which laws may not provide the same level of protection as do the laws of the territory in which Company or Authorized Users are located.

Technical factors such as bandwidth, network configurations, and computer browser settings can affect KPMG Aviator's speed and accessibility. KPMG does not guarantee the continuous, uninterrupted or error-free operability of KPMG Aviator, or compatibility with Company's computer browser or any other part of its computing systems. Company acknowledges that access to KPMG Aviator may be suspended, limited, denied or disabled at any time and that content posted on KPMG Aviator may not be recoverable. KPMG has no responsibility for recovering or providing to Company any content posted on KPMG Aviator.

If Company breaches any of its obligations under these terms and conditions and any claim is made or threatened against either KPMG or KPMG International Cooperative (the KPMG Party) by a third party (including claims concerning the posting by Company of Prohibited Content), Company shall compensate the KPMG Party, hold the KPMG Party harmless and reimburse the KPMG Party for and protect the KPMG Party against, any loss, damage, expense or liability incurred by the KPMG Party which results from or arises from or is connected with any such breach and any such claim. If any payment is made by Company under this clause Company shall not seek recovery of that payment from the KPMG Party at any time. In this clause "Company" includes all Authorized Users and "the KPMG Party" includes each and all partners, members, directors, employees, agents of the KPMG Party together with any entity controlled by or associated with the KPMG Party

Company is solely responsible for all use it makes of KPMG Aviator and of the content posted on KPMG Aviator. Except as expressly set out in these Terms and Conditions, no implied conditions, warranties or other terms apply to KPMG Aviator or any KPMG Content.

Nothing in these Terms and Conditions limits or excludes KPMG's liability for death or personal injury caused by its negligence or willful misconduct (willful misconduct shall mean any act or omission on KPMG’s part in circumstances where KPMG knew that such act or omission constituted a breach of its duty to you (or was reckless as to whether it did so)) or any other liability that may not, under applicable law, be limited or excluded. Subject to the foregoing, in no event shall KPMG be liable to Company for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses.

If KPMG's relationship with Company terminates for any reason, all further access to and use of KPMG Aviator by Company and its Authorized Users must immediately cease and KPMG may deactivate or delete related user accounts, unless otherwise required by applicable law or professional standards to maintain such accounts. KPMG reserves the right to terminate Company’s access to KPMG Aviator for any reason, including in the event KPMG becomes aware of any unauthorized use of KPMG Aviator by Company or its Authorized Users or breach by Company or its Authorized Users of these Terms and Conditions.

Company acknowledges that these Terms and Conditions apply solely to the access to and use of KPMG Aviator. Nothing in these Terms and Conditions supersedes or replaces any of the terms of the Engagement Letter. In the event of any conflict or inconsistency between the terms of the Engagement Letter and these Terms and Conditions, the terms of the Engagement Letter shall prevail, but only to the extent necessary to resolve such conflict or inconsistency.

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