Terms of Use

These Terms of Use applies only to this BDO Portal which is provided by BDO LLP, Singapore, (UEN: T10LL0001F) and/or its affiliated firms (also referred to below as “we”, “us”, “our” or “BDO”).

The BDO Portal is intended for the sole use of (i) partners, principals, directors and employees of BDO (“BDO professionals”) and (ii) persons expressly authorised by BDO to use the BDO Portal. Persons falling in either categories (i) or (ii) are hereinafter referred to together as “BDO Portal Users” (or individually as “BDO Portal User”).

If you are not a BDO Portal User, you must stop using the BDO Portal immediately.

By using this BDO Portal, you are agreeing to these Terms of Use (the “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.

You will maintain the confidentiality of the content and technology of this BDO Portal using at least the same degree of care as you use in maintaining your own proprietary and/or confidential information, but in no event using less than a reasonable degree of care.

You will ensure that all and any 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. You will not copy, download, reproduce, modify or distribute this BDO Portal technology in whole or in part, except as may be expressly permitted elsewhere in writing outside of these Terms.

Except as otherwise provided in an applicable agreement with BDO, you may not engage in any of the following relating to the BDO Portal and/or its contents, nor may you authorise other parties to do so:

(a) make use of the BDO Portal for any purpose other than that for which access has been provided by BDO

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

(d) deduce, change or edit source codes relating to the BDO Portal, or

(e) distribute, exploit, transfer or sub-license the BDO Portal or any rights related to it.

If you save information from the BDO Portal on your own computer, server or other storage medium, you confirm you have the authorisation from BDO to do so and you are responsible and accountable for the security, storage and availability of this information.

Access to the BDO Portal

To access the BDO Portal, you may have received from BDO a username and a password. The username and password must be treated confidentially, and they are not transferable. You are responsible for the usernames and passwords allocated (if relevant). You shall make use of the BDO Portal only with your individually allocated username.

You are prohibited from allowing unauthorised parties access to the BDO Portal. You are required to access the Portal on hardware using reliable antivirus software before and during use of the BDO Portal. Furthermore, you shall not use the BDO Portal in non-secure environments (such as internet cafés for example).

If you 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 must notify BDO immediately.

Third parties

BDO may engage third parties for the purposes of providing and maintaining the BDO Portal. To the extent that contracted third parties may need to have access to the BDO Portal, they might need to process your personal data for these purposes as set out in the privacy statement.

Liability

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.

BDO is not liable for any damage or costs incurred by you as a result of your use of 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 in breach of the obligations arising from or in connection with the BDO Portal; or (vii) loss of electricity if you are logged in.

Indemnity and Limitation of Liabilty

Subject always to, and to the fullest extent permitted by, applicable laws and professional regulations, you agree to indemnify and keep indemnified BDO and its officers, employees, partners, directors and agents against any and all liabilities, costs, claims, demands, proceedings, charges, actions, suits or expenses (including without limitation legal expenses on a full indemnity basis) of any kind or character that may be incurred or suffered by any of them howsoever arising (other than by reason of fraud, gross negligence or wilful misconduct on the part of BDO or any of its officers, employees, partners, directors and agents) in connection with or in relation to this Agreement. In no event shall BDO, its partners, directors, or employees be liable for any loss, damage, cost or expense arising in any way from or in connection with the fraudulent acts or omissions, or any misrepresentation or any other default on the part of the directors, employees or agents of the client.
To the extent that any party is entitled to claim any indemnity in respect of amounts paid or discharged by it pursuant to this Agreement, these indemnities shall take effect as an obligation of the other party to reimburse the indemnified party for making such payment or effecting such discharge.
BDO shall not under any circumstances be liable for indirect, incidental or consequential damages or losses of whatsoever nature suffered by the client, or for punitive damages with respect to any term or subject matter of this Agreement, even if informed of the possibility thereof in advance. This limitation applies to all causes of action, including breach of contract, breach of warranty, negligence, strict liability, fraud, misrepresentation and other torts. In any event, the liability of BDO, its partners, directors, employees, officers or agents shall in no circumstance exceed the fees paid for the Services provided.
Any legal proceedings against BDO, its partners, directors, or employees arising from or in connection with the Agreement must be formally commenced within one (1) year from the date when the party bringing the proceedings becomes aware, or ought reasonably to have become aware of the facts which give rise to the liability alleged and in any event, no later than three (3) years after the occurrence of any act or matter giving rise to the alleged cause of action against BDO including any right for breach of Agreement or negligence on BDO’s part.
If BDO is liable to you for loss or damage in relation to this Agreement, to which any other persons have also contributed, our liability to you shall be several and not joint with such others, and shall be limited to our fair share of the total loss or damage which is agreed between the parties or ascribed to us by a court or tribunal of competent jurisdiction, based on our contribution to the loss or damage relative to the other party’s contributions. No exclusion or limitation on the liability of other responsible persons imposed or agreed at any time shall affect any assessment of our proportionate liability hereunder, nor shall settlement of or difficulty enforcing any claim, or the death, dissolution or insolvency of any such other responsible persons or their ceasing to be liable for the loss or damage or any portion thereof, affect any such assessment.

The above limitations of liability shall be applicable not only to us but also to any other entity within the BDO Network and to our and their respective personnel.

Intellectual property and Property Rights

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 BDO. This material includes, but is not limited to, any features developed or provided by BDO, including, but not limited to, the design, layout, look, appearance and graphics, as well as analytics, insights, CRM connectivity, as well as users, clients and projects lists. 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. Nor may you transmit it or store it in any other web site or other form of electronic retrieval system.

You 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 your 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) without having obtained prior written permission from BDO.

You may link to this BDO Portal provided that such link does not involve unauthorised 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.

Applicable law

These Terms shall be governed by and construed in accordance with the laws of Singapore. The Singapore courts shall have exclusive jurisdiction to resolve any disputes arising out of these Terms.

Updating these Terms of Use

We may modify or update these Terms of Use from time to time. You will be notified of the updated versions. Changes and additions to these Terms of Use are effective from the date on which they are posted on this Portal.

For any further information or questions regarding these Terms, please send us an email at https://www.bdo.com.sg/en-gb/contact-us