Application Terms and Conditions

By submitting your Application to participate in KPMG’s Energise program (the Program), you acknowledge and agree to these Application Terms and Conditions (the Agreement).

This agreement contains the entire understanding between you and us in relation to the Program and supersedes any previous agreements, understandings or arrangements (whether written or oral) in respect of the Program. Any change to the Agreement will not be effective unless it is in writing and approved by an authorised representative of both you and us.

Your Responsibilities

You are responsible for the contents of your Application. Submission of your Application, and our review of your Application, does not constitute acceptance of you as a participant in the Program.

We may accept or reject your Application in our sole discretion without the need to provide reasons and you waive all rights to bring a claim against us, our related entities or other organisations involved in the selection process for failure to be selected to participate in the Program.

The Agreement does not prevent you from entering into any discussion or agreement with a third party.

Intellectual Property Rights

In relation to any information or equipment provided by you or on your behalf, you warrant that you have given all necessary notifications and obtained all necessary consents and licences to disclose that information to us or for us to use the equipment. You warrant that our use of any information or equipment provided by you or on your behalf in connection with your Application shall not infringe the property rights, intellectual property rights or privacy rights of any third party.

The Agreement does not affect the ownership of your intellectual property rights or Confidential Information.

Confidentiality

We will treat your Application as confidential information except as provided for in this Agreement.

We shall not be required to keep Confidential Information confidential:

  1. where disclosure is expressly permitted under this Agreement;
  2. to the extent we are required to comply with any law; or
  3. where Confidential Information has entered the public domain other than as a result of a breach of the Agreement.

We can disclose your Confidential Information to:

  • other organisations involved in the Program; and
  • our external service providers.

Privacy

We are committed to protecting your personal information. Where we collect personal information about you as part of your Application, we will treat the information in accordance with the Australian Privacy Principles established by the Commonwealth Privacy Act 1988.

Where we collect personal information as part of your Application, we do so for the purposes of assessing your suitability for the Program.

We may disclose your personal information to:

  • other organisations involved in the selection process; and
  • our external service providers.

You acknowledge and agree that as part of the application process, you will be redirected to the website of our third party service provider located in the United States of America, Gust, Inc, a Delaware limited liability company (Gust) to create an account and submit your Application via the Gust platform. Your use of Gust’s website and platform as part of the Program application process is at your own risk and subject to the terms and conditions of use for Gust’s website and platform, which are available on Gust’s website (Gust Terms). Prior to submitting your Application, we recommend that you examine the Gust Terms to understand Gust’s procedures for collecting, using and disclosing your information (including your Confidential Information and personal information).

Our Privacy Policy contains information about how, subject to the terms of this Agreement, we will handle your personal information and how you can access and seek correction of your personal information. In addition, our Privacy Policy contains information about how you can make a complaint about our handling of your personal information and how we will deal with such complaints.

If you would like to access or update your personal information or you would like further information in relation to our privacy practices, please contact the National Privacy Officer by emailing austprivacy@kpmg.com.au or writing to:

National Privacy Officer
KPMG
147 Collins Street
MELBOURNE VIC 3000

Governing Law and Jurisdiction

The Agreement is governed by the law in force in New South Wales, Australia.

Each party unconditionally submits to the exclusive jurisdiction of the courts of New South Wales, and courts competent to hear appeals from those courts.

Miscellaneous

The Agreement does not create a fiduciary relationship or a relationship of employment, agency or partnership between the parties unless such a relationship is expressly created by law.

If any provision of the Agreement is, or becomes, unenforceable, illegal or invalid for any reason, the relevant provision is to be deemed to be modified to the extent necessary to remedy such unenforceability, illegality or invalidity or if this is not possible then such provision much be severed from the Agreement, without affecting the enforceability, legality or validity of any other provision of the Agreement.

Liability

You agree that, to the extent permitted by law, we exclude liability for all losses, liability, claims, expenses and damage suffered by you under or in connection with this Agreement.

Definitions

Application means your online application to participate in the Program.

Confidential Information means any information in any form whatsoever of a technical, business, corporate or financial nature disclosed by one party to the other:

  1. that has been marked as confidential;
  2. whose confidential nature has been made known by the disclosing party to the recipient; or
  3. which due to its character or nature, a reasonable person in the circumstances would treat as confidential.

Intellectual Property Rights means all and any patents, patent applications, trademarks, service marks, trade names, registered designs, unregistered design rights, copyrights, know how, trade secrets, domain names, internet addresses, rights in confidential information, and all and any other intellectual property rights, whether registered or unregistered, and including all applications and rights to apply for any of the same now or in the future.

Us or we (and derivatives) means KPMG (ABN 51 194 660 183).

You (and derivatives) means the person and/or entity whose name is listed in the Contact Name section of the Application.

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