Right To Work mobile application end-user licence agreement

This end user licence agreement ("EULA") is a legal agreement between you ("End User" or "you") and KPMG LLP (a limited liability partnership having its registered office at 15 Canada Square, London E14 5GL) ("KPMG", "us" or "we") for the Right To Work mobile application software (and any associated documentation) (the "App").

You are licensed to use the App on the basis of this EULA and our Privacy Policy and subject to any rules or policies applied by the site from which you installed the App (the "Store"). You and KPMG acknowledge that this EULA is between KPMG and you only, and not with the owner or operator of the Store and, in this respect, KPMG is solely responsible for the App and any content in it.

Important notices:

  • By installing the App or clicking on the "accept" button below you agree to the terms of this EULA which will bind you
  • If you do not agree to the terms of this licence, you must stop the installation process now. You will be deemed to have accepted the terms of this EULA by installing or otherwise using the App.
  • You should print a copy of this EULA for your future reference.

    ACCESS TO THE APP

  1. The App is made available via the Store in connection with the Right To Work services that are supplied by KPMG to your employer (the "Services"). In order for you to access the Services, your employer (or a member of your employer's group of companies) must have an agreement in place with KPMG for the Services (the "Services Agreement"). The App is intended for business use only, in connection with the Services.
  2. You may install the App onto one device at any one time. Using the App on more than one device will affect the delivery of the Services and it is important that you do not install multiple copies.
  3. From time to time updates to the App may be issued and you may not be able to use the Services until you have installed the updated version. We may also change this EULA at any time and we will issue a notice of any update that is made.
  4. By using the App, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

    5. OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS

  5. You acknowledge: (i) that all intellectual property rights in the App, anywhere in the world, belong to us or our licensors; (ii) that rights in the App are licensed (not sold) to you; and (iii) that you have no rights in, or to, the App, other than the right to use it in accordance with the terms of this EULA. The App is proprietary to KPMG and is provided to you for business purposes in connection with the Services and, in particular, you must not demonstrate it to or share it with a third party that supplies equivalent or similar services.
  6. You acknowledge that all intellectual property rights in or relating to any improvement, modification or adaptation of the App arising directly or indirectly from you using the App are and shall remain the exclusive property of KPMG, or, in the case of software licensed to KPMG by a third party licensor, the exclusive property of such licensor.
  7. You agree not to remove or alter any copyright notices or similar proprietary devices, including without limitation any electronic watermarks or other identifiers, that may be incorporated in the App or any copy of the App.

    8. LICENCE

  8. KPMG grants you a non-transferable, non-exclusive, personal licence to use the App on a mobile communication device owned or controlled by you (the "Device") of the type we specify from time to time. You are only licensed to use the App on a Device that uses the operating system linked to the Store from which you installed the App. This licence is for use of the App in object code form only. This licence is personal to and for the benefit of you only, and you may not rent, lease, sub-licence, sell, assign or pledge the App, on a temporary or permanent basis.
  9. Except as may be permitted by law, you agree not to create derivative works based on or resembling the App.
  10. If you breach the above clause 9, the licence set out in clause 8 shall automatically terminate without notice.
  11. If any open source software is included in the App, the terms of an open-source licence may apply and may override some of the terms of this EULA.

    12. RESTRICTIONS ON USE

  12. You must not make any copies of the App or make it available to anyone else in any way. You must not translate, alter, adapt or modify the App, combine it with other software disassemble or reverse engineer it or make derivative works from it in any way.
  13. You must not:
    1. use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this EULA, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App;
    2. infringe our intellectual property rights or those of any third party in relation to your use of the App; or
    3. transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App.
  14. You must comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.

    15. WARRANTIES

  15. You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  16. THE APP IS MADE AVAILABLE TO YOU ON THE BASIS THAT KPMG EXCLUDES TO THE FULLEST EXTENT LAWFULLY PERMITTED ALL LIABILITY WHATSOEVER FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF THE USE OF THE APP OR RELIANCE UPON THE CONTENT OF THE APP. KPMG DOES NOT EXCLUDE KPMG'S LIABILITY (IF NAY) TO YOU FOR PERSONAL INJURY OR DEATH RESULTING FROM KPMG'S NEGLIGENCE, FOR FRAUD OR FOR ANY MATTER WHICH IT WOULD BE ILLEGAL TO EXCLUDE OR TO ATTEMPT TO EXCLUDE LIABILITY.
  17. KPMG MAKES NO EXPRESS WARRANTIES WITH RESPECT TO THE APP AND KPMG HEREBY EXCLUDES, TO THE FULLEST EXTENT PERMISSIBLE IN LAW, ALL CONDITIONS, WARRANTIES (INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE APP WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR FREE) AND STIPULATIONS, EXPRESS (OTHER THAN THOSE SET OUT IN THIS EULA) OR IMPLIED, STATUTORY, CUSTOMARY OR OTHERWISE WHICH, BUT FOR SUCH EXCLUSION, WOULD OR MIGHT SUBSIST IN YOU. EXCEPT AS SET OUT IN THIS EULA, YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP. YOU AGREE THAT YOUR SOLE REMEDY AGAINST KPMG FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP.

    18. NO SUPPORT

  18. No support or maintenance services are provided in respect of the App under this EULA.
  19. You and KPMG both acknowledge and agree that the owner or operator of the Store:
    1. has no obligation to provide any maintenance or support services in respect of the App;
    2. has no responsibility in respect of the App and is not responsible under any warranties relating to the App whether express or implied (to the extent these are not disclaimed under this EULA). To the maximum extent permitted by law, the owner or operator of the Store will have no warranty obligation whatsoever with respect to the App and, in this respect, any claims, losses, liabilities, damages, costs or expenses in respect of the App are between you and KPMG;
    3. has no responsibility to you or any third party relating to the App including (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement and (iii) claims arising under consumer protection or similar legislation; and
    4. has no responsibility, in the event of any third party claim that the App or your possession and use of it infringes that third party’s intellectual property rights and has no responsibility for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.

    20. TERMINATION

  20. This EULA will terminate automatically if you delete or uninstall the App, if you fail to comply with any term or condition of this EULA or if the Services Agreement terminates.
  21. Except as set out in this section, on termination of this EULA for any reason: (i) all rights granted to you under this EULA shall cease; (ii) you must immediately cease all activities authorised by this EULA; (iii) you must immediately delete or remove the App from the Device.

    22. ASSIGNMENT

  22. We may transfer our rights and obligations under this EULA to another organisation.

    23. THIRD PARTY RIGHTS

  23. You and KPMG acknowledge and agree that the owner or operator of the Store, together with their group companies are third party beneficiaries of this EULA and will have the right to enforce this EULA against you. Otherwise, a person who is not a party to this EULA shall not have any rights to enforce any of its provisions. The rights of you and us to terminate, rescind or vary or to agree any waiver or settlement under this EULA are not subject to the consent of any other person.

    24. GOVERNING LAW AND JURISDICTION

  24. This EULA shall be governed by and construed in accordance with the laws of England and Wales and both you and KPMG agree to submit to the exclusive jurisdiction of the English Courts.