In these terms and conditions the following words and expressions have the following meanings unless otherwise stated:
“associated BDO entities” means other businesses we are connected with which include the acronym ‘BDO’ or the word ‘McCabe’ in their title.
“BDOFS” means BDO Financial Services Limited.
“Discover” means our BDO Discover online platform.
“Hong Kong” means the Hong Kong Special Administrative Region of the People’s Republic of China.
“Loss” means any loss, damage, costs or interest.
“Services” means the services delivered to you from your use of Discover.
“staff member” means director, officer, employee, consultant, representative or agent of BDOFS.
BDOFS is also referred to in these terms and conditions as “us”, “we” or “our” which, where appropriate, includes our successor and predecessor firms and companies and our staff members. References to “Customer” or “you” or “your” are to the persons or organisations who are our Discover clients.
Words in the singular shall include the plural and references to one gender includes references to the other gender or the neuter in each case, and references to persons shall include bodies of persons whether corporate or unincorporated.
If these terms and conditions are translated into a language other than English, the English language version shall prevail unless specified otherwise herein.
Scope of Application
These terms and conditions apply to your use of Discover i.e. the Services.
The specific Services is subject to the service module chosen when you placed your order.
Please read these terms and conditions carefully. By accessing our platform or continuing to access the platform, you agree to abide by them. If you don’t agree to abide by them, you should stop accessing the platform.
For enquiries, please email BDODiscover@bdo.com.hk or contact our hotline at (852) 2218 8473 or by fax at (852) 2543 1051.
If, by way of exception in individual cases, legal relationships under the law of obligations are established with third parties, then such third parties shall also be subject to the liability provisions in accordance with clause 7 of these terms and conditions.
Registration, Access and Communications
Once an order is placed by the Customer regarding the use of Discover, this constitutes an offer to BDOFS for the conclusion of a contract. We will then send a message confirming its receipt and provide details of the order.
Confirmation of the order is to inform the Customer that we have received the subscription request. The Customer's offer is only accepted i.e. a contract regarding the Services is entered into when the Customer has paid the requisite price (according to the payment terms, if any) and is notified by BDOFS that their access to Discover has been activated.
Once access is provided, the Customer can access Discover during the term of the contract and perform any number of valuations and/or analysis according to the terms of the contract and/or access period.
Access to Discover will be by means of the Customer’s own access data i.e. user name and password via the Internet. It will be the obligation of the Customer to keep their access data confidential and to prevent any misuse by third parties including unauthorized persons. In addition, it will be the Customer’s obligation to ensure that any registered users of Discover within its institution also comply with these terms and conditions.
The Customer’s access to Discover is a non-exclusive right only for the term of their contract, and to use its functionalities by means of a browser in accordance with the contract. No additional rights, including but not limited to the software application or operating software of Discover, are granted to the Customer.
We intercept and monitor communications through Discover to ensure compliance with laws, regulations and our internal rules, and to investigate matters brought to our attention. You consent to our intercepting and monitoring electronic communications between you and those using Discover.
Any e-mail communication including e-mails and contact forms automatically sent to the Customer via Discover will be sent unencrypted.
Usage Price and Payment
The usage price, if any, will depend on the module chosen by the Customer.
BDOFS has the sole discretion on whether to accept or reject your usage application, without assuming any liabilities towards you.
The current usage prices and related terms for the Services are set out in the Discover webpage. We reserve the right to change the prices at any time which shall be published in the webpage.
We accept major credit cards or other payment methods as announced by us from time to time for payment of the usage price.
By paying the usage price, you have agreed to the price and the terms and conditions herein.
A receipt for the payment will be issued to the Customer by post, fax, e-mail or telephone based on their preferred contact details.
If your initial payment authorisation is later revoked, your access will be terminated. You may contact our service team at BDODiscover@bdo.com.hk if you believe the access termination was an error. No disputed claims may be offset against any payment of the usage price unless ordered by a court of law.
Termination or Suspension of the Services
We may with or without notice terminate the Services to you or any part thereof for any reason at any time.
The Services could also be suspended or deactivated to carry out system checks, maintenance, upgrading, testing and/or repairs.
We will also limit or suspend or modify temporarily or permanently your access to and/or use of any of the Services with or without notice to you for any reason including but not limited to any suspected or actual, fraudulent, unlawful or improper use of the Services by you.
You shall be liable for all loss or damage suffered by misuse for which you are responsible.
Upon termination of the Services, all liabilities (actual or contingent) owed by you, if any, to us shall become immediately due and payable and all our other rights in relation to these terms and conditions will not be affected by the termination.
You may also terminate your usage of the Services by giving the required termination notice period per your contract in writing by email to BDODiscover@bdo.com.hk or by fax at (852) 2543 1051.
All remaining benefits that you may enjoy hereunder as at the date of termination shall cease absolutely.
Once the Services have been terminated or the contract has been revoked by either party, BDOFS will retain any sum paid by the Customer due to short notice or otherwise per the Customer’s contract. BDOFS will repay the balance, if any, of payments received, within 30 days from the day on which written termination was received by BDOFS.
The Customer shall notify BDO of any changes to their contact details.
It is the Customer’s responsibility to ensure that they only use Discover in accordance with their contract. No access to Discover should be granted by them to unauthorized parties or third parties. If the Customer is aware of any misuse of the access data, they should inform us immediately.
Discover or parts thereof should not be reproduced or sold or lend out by Customer.
All technical requirements for accessing Discover including the hardware or operating system software, security arrangement, internet connection and current browser will be the Customer’s responsibility. If in doubt, the Customer should contact us for details e.g. browser software.
We will at our discretion continue to develop Discover according to technical developments of the functionalities and components of the software. Consequently, the Customer should make adjustments of the soft and hardware deployed by it including acceptance of cookies transmitted by our server.
Disclaimer and Limitation of Liability
BDOFS makes no representation or warranty on the accuracy, reliability, usefulness, timeliness, completeness, relevance or otherwise of the data or content of Discover and shall not be liable nor accept any liability from any causes of action from the access to or use of, or inability to access to or use of, the Services and/or Discover.
You understand and acknowledge that the electronic transmission of information on the internet or otherwise has inherent risks, including that such communications may be seen by unintended recipients or become lost, delayed, intercepted, corrupted or be otherwise altered, rendered incomplete or fail to be delivered, either at all or to the intended recipients.
Despite the inherent risks (and particularly the risk of access by unauthorised parties) you authorise us to electronically communicate with you. Accordingly, you agree that we shall have no liability to you for any Loss arising from the use of email or other electronic message as a form of communication.
In terms of any valuation and/or capital market data derived from Discover, you acknowledge that the provided information and analysis are only rough estimates not suitable for decision making purposes. If the analysis of data or valuation is for a specific objective e.g. business planning, litigation support, transaction and impairment tests, please contact us for a bespoke scope of work and fee.
We cannot warrant that a matching comparable group will be identified for your business in every case within Discover.
Any defects or errors in Discover detected by you should be reported to BDOFS.
BDOFS will at any time change, extend or restrict the content, structure and user interface of Discover or to exchange content.
BDOFS is also entitled to service and maintain the software and/or hardware systems at regular intervals and to carry out data backups. This may result in temporary periods of unavailability of Discover. You expressly do not have a warranty or damages claim during such periods.
We will notify you if we are aware of any intellectual property rights or claims of third parties involving the Services or parts thereof, which are through no fault of BDOFS. In this case, you shall not be obliged to pay the contract price.
We shall not be liable for any failure or delay because of circumstances beyond our reasonable control, including without limitation, acts of God, typhoons, rainstorms, virus outbreak, government restrictions, strikes, wars, network failures or telecommunications failures.
If BDOFS has agreed any liability for damage claims e.g. for an event of Loss caused by gross negligence, such liability shall be limited to a total maximum amount of 3 times of the contract price. The liability of BDOFS for injuries to life, body and health shall remain unaffected.
The Contracts (Rights of Third Parties) Ordinance shall not apply to the Services and/or the use of Discover. Unless specifically herein provided, no person other than you shall have any rights under your contract and these terms and conditions, nor shall they be enforceable by any person other than you.
The generated results including valuation sums and analyses from Discover can be used by the Customer for their internal use. The Customer can therefore reproduce, process, revise and publish in print or electronic format the said results, which they acknowledge are from their own evaluation. As such, the Customer agrees that they assume sole responsibility for the results.
The prior written consent of BDOFS is required if the Customer and/or their advisors wishes to make reference to Discover in any document or announcement to the public about the results produced from our platform, in whole or in part.
No claims for potential loss or damage from the use of the information contained in the results can be asserted by the Customer and third parties against BDOFS.
Confidentiality and Data Protection
Confidential information shall include all information BDOFS receives from the Customer in order to process the contract and which are marked as confidential. Any information provided to BDOFS that are already in the public domain or subsequently in the public domain shall not be deemed confidential.
We confirm that where you give us confidential information we shall at all times keep it confidential, except as required by law, regulation or applicable professional pronouncements. We also undertake to use the information only within the context and for the purposes of the contract.
You hereby consent to the use by BDOFS of the information transmitted and/or generated by you via Discover. This include any disclosure of the information in an anonymized format to other Discover customers in order to perform and provide a benchmark.
All customer-related data will be stored on our storage devices. You agree that such information can be accessed by the staff member and/or other advisors of BDOFS who require such information for their work.
To enable us to provide the Services we will process personal data (including sensitive personal data) in a lawful and fair manner and provide that information with an adequate level of protection. Processing personal data may include making credit and money laundering checks and retaining the results. For further details please consult our Personal Information Collection Statement and Privacy Notice (which can be found at www.bdo.com.hk/en-gb/pics-privacy-notice).
As a data subject you or your staff have the right to object to direct mailing and you may withhold (or at any future time withdraw) any consent given by you for this purpose by contacting BDOHK at BDODiscover@bdo.com.hk or by fax at (852) 2543 1051.
Subject to your rights above, as part of our ongoing service your personal data may be provided to associated BDO entities or other third parties for the purpose of providing additional advice about the Services or for processing applications that you have made for products.
By accepting these terms and conditions, you are giving positive consent for us to obtain, store and process information about you; and you agree that we may use the information to contact you from time to time on our additional products or services which we consider may be of benefit to you.
In the event that any part of these terms and conditions is held to be invalid or unenforceable, the remainder of these terms and conditions will continue in full force and effect.
We retain all trademark, copyright and other intellectual property rights in everything developed by us within Discover and expressly reserve all our rights in this respect.
Therefore, you are not permitted to download, reproduce, duplicate and/or distribute Discover as a whole or any parts thereof such as texts, images, graphics, layout and photos, without the express written permission of BDOFS. Framing the website is also expressly prohibited.
Governing law and jurisdiction
These terms and conditions and related contract shall be governed by and interpreted in accordance with Hong Kong law.
The courts of Hong Kong shall have exclusive jurisdiction to settle any dispute which may arise in connection with your contractual relationship with us and/or the Services to which they relate.
Notwithstanding the above, we have the right to take legal action in the courts of any appropriate jurisdiction to recover any fees owing to us by you.
A contractual relationship between BDOFS and yourself will only commence when you have registered for the Services, selected the product you need and paid the price.
For the avoidance of doubt, BDOFS assumes no responsibility or liability for any damage from reliance on the market data, content or results generated from the use of Discover. If there are any content from references and links to third-party websites, this is not from or have been adopted by BDOFS.
In addition, the market data derived from Discover are provided by our third party vendor/s which have not verified or checked by us in terms of completeness and correctness. We do not therefore assume or provide any assurance on the validity and accuracy of the data.
BDOFS reserves the right to revise the information, products or services offered on Discover at any time without prior notice.
You have agreed and are subject to these terms and conditions by accessing tor using Discover, which are binding between you and BDOFS.
No failure on the part of BDOFS in exercising any right, power or privilege shall operate as a waiver thereof, nor shall any single or partial exercise of its right, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, power or privilege.
BDOFS reserves the right to modify these terms and conditions from time to time at our sole discretion due to legal, technical or other relevant developments and will notify the Customer of any changes.