MFT2GO-China Terms of Use

Managed File Transfer Solution

These terms apply to your use of this managed file transfer solution ('MFT2GO-China').

The member firm of the PwC network that invited you to use MFT2GO-China ('PwC') makes MFT2GO-China available to you to transfer electronic files of up to 10 Gigabytes to PwC in accordance with the Letter of Engagement or other agreements entered into by PwC and you or your employer (the 'Agreement'). By clicking 'I accept' below you agree with PwC to be bound by these terms, together with the applicable terms and conditions set forth in the Agreement. Before doing so, please read these terms carefully as you should not use MFT2GO-China unless you comply with them.

Definitions

In these terms, 'electronic file' includes the personal, confidential and other information, data or material included in the electronic file.

'Personal data' or 'personal information' is any information relating to you and from which you may be identified.

'PwC Member Firm' refers to the PwC network and/or one or more of its member firms. Each member firm in the PwC network is a separate and independent legal entity. Please see www.pwc.com/structure for further details.

Authorisation and acceptable use

  1. You may use MFT2GO-China only to send electronic files you are authorised to send to PwC using MFT2GO-China. You must also comply with all laws that apply to your transmission of an electronic file to PwC using MFT2GO-China. In case you are restricted from sending an electronic file to certain locations, please note MFT2GO-China is hosted in China.
  2. You may access MFT2GO-China and use any electronic file you receive through MFT2GO-China only:
    1. in accordance with applicable law;
    2. in an appropriate way without uploading, processing, and transferring through MFT2GO-China any data which is restricted from being distributed or transmitted online; and
    3. to the extent you are authorised to do so and can do so without infringing any restrictions on use or the intellectual property, confidentiality, privacy or other rights of PwC or any other party.
    The above applies regardless of whether the relevant restrictions or rights are imposed or granted by law or imposed by your employer or another party, or by the Agreement with PwC or another party.
  3. Without limiting anything in clause 1 or 2 above, you agree that when you use MFT2GO-China you will not do anything or make any electronic file available that:
    1. is illegal or infringes another person's rights or that is or is likely to be considered defamatory, threatening, abusive, misleading, offensive or otherwise inappropriate or
    2. could damage the reputation or brand of PwC or any other PwC member firm or related person or result in PwC or any PwC member firm or related person being in breach of any law or being liable to another person.

Security

  1. You agree:
    1. to keep any personal data or other information you provide to PwC in connection with your use of MFT2GO-China complete, accurate and up-to-date at all times;
    2. to keep your password secure and not to disclose it to anyone else or allow anyone else to use it to access MFT2GO-China;
    3. to tell PwC immediately if you are no longer authorised to use MFT2Go-China by your employer or any other party, or lose your password or know or suspect someone else may know or have access to it;
    4. not to bypass or seek to bypass any of MFT2GO-China's access or security controls or otherwise weaken or threaten the security of MFT2GO-China or allow anyone else to do so (eg by hacking or introducing a virus, malicious code or other harmful elements).

Copies

  1. You are responsible for keeping any copies you require of any electronic file you upload to or download from MFT2GO-China. Please note that MFT2GO is not a data repository and does not serve the purpose of storing data for you. The data temporarily stored on MFT2GO-China will be deleted in accordance with PwC data retention policy.

No representations, warranties or liability

  1. PwC makes no representations or warranties in connection with MFT2GO-China, its availability or functionality or your ability to access it at any time, other than representations in these terms or, where PwC invited you to use MFT2GO-China in connection with the Agreement, any representations PwC made about MFT2GO-China in the relevant Agreement. PwC excludes all implied warranties relating to MFT2GO-China to the maximum extent permitted by law. PwC accepts no responsibility or liability for any consequences arising from your use of MFT2GO-China, except to the extent PwC has agreed to do so expressly in the relevant Agreement.

Privacy

  1. PwC collects your personal data when you register for MFT2GO-China, including your name and email address. PwC also collects your personal data when you use MFT2GO-China (eg your IP address may be recorded).

    The Data Controllers of personal information are one or more of the PwC Member Firms, that either alone or jointly or in common determines the purposes and means of the processing of personal data. Generally, the Data Controller for the personal data is the PwC Member Firm(s) operating in Mainland China, Hong Kong SAR or Macau SAR providing the relevant PwC services as set out in the Agreement unless specified otherwise (e.g. by ways of contracts). You consent to PwC using and processing your personal data in connection with MFT2GO-China, including to identify you in connection with your access to MFT2GO-China, to communicate with you regarding MFT2GO-China, to compile logs and other data regarding MFT2GO-China use, to operate and maintain MFT2GO-China and to perform security reviews in connection with MFT2GO-China. You also consent to PwC disclosing or transferring your personal data to other PwC member firms (which may be located in other territories) and to those firms using and processing it in the same ways as PwC.

    PwC and other PwC member firms may:

    1. retain your personal data for as long as reasonably required in connection with any of the purposes for which you consent to PwC using and processing your personal data
    2. retain, disclose or transfer your personal data to comply with any requirements of laws, regulations, or any government authority or agency, regulator, or a professional body of which we are a member; or to conduct any action to meet our obligations or those of any PwC Member Firms.

    You may have certain rights under applicable laws in relation to the personal information (e.g. right to update and correct your personal information) we hold about you. Please contact PwC if you would like details of your personal data held by PwC in connection with MFT2GO-China or if you would like further information about how PwC deals with your personal data. On request, PwC will allow you to access your personal data to the extent required by law. PwC may charge you for this access where permitted by law. For more information about how PwC treats your personal data, please see our Privacy Policy.

    PwC uses commonly accepted standards of IT and operational security to protect your personal data from improper use, disclosure or modification.

Cookies

  1. Cookies are small text files placed on your computer or other device by the websites you visit. People running websites use cookies to make their websites work or work better and to obtain information. You consent to cookies being placed on your computer or other device when you use MFT2GO-China. Please click the link to the cookies notice on MFT2GO-China for more information about cookie use on MFT2GO-China.

Governing law

  1. These terms are governed by the law of the jurisdiction in which the PwC entity that has signed the Agreement has its principal place of business. Any disputes or proceedings arising out of these terms or your use of MFT2GO-China will be subject to the dispute resolution provisions in the Agreement. To the extent permitted by law, any action which you and/or your employer may wish to take against any member firm of the PwC network in relation to or arising out of your use of MFT2GO-China will be taken only against PwC (and not directly against any other member firm of the PwC network). Such action will be subject to the Agreement, including the limitations of liability set out in the Agreement.

No waiver of rights

  1. If PwC doesn't take action when you breach these terms, PwC doesn't give up the right to take action in the future, or any other rights PwC may have.
By clicking 'I accept' below you confirm you have read and understood the Terms of Use and PwC Privacy Policy, agree to them as a condition of your use of MFT2GO-China, and agree with PwC and other member firm of the PwC network to be bound by these terms (including international transfers of personal data to other countries outside where you are located).
Please read the full terms before accepting
© PwC. All rights reserved. PwC refers to the PwC network and/or one or more of its member firms.