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Terms of Use

Terms of Use

BEFORE USING THE BCG FINTECH CONTROL TOWER PORTAL (THE PLATFORM), PLEASE READ THESE TERMS OF USE CAREFULLY (THESE TERMS).
After these Terms have been accepted, subsequent Authorized Users may be asked to accept these Terms. Any subsequent acceptance will not create separate contracts between the Participant and The Boston Consulting Group except insofar as these Terms have changed in which case the first Authorized User to tick the accept box will bind the Participant to the updated Terms.
This Platform is owned and operated by The Boston Consulting Group, Inc. References to The Boston Consulting Group, Participant, Authorized Users, and other capitalised terms used but not defined in these Terms have the meaning set out in Section 14 of the “Definitions” set out below.

GENERAL TERMS

The Platform is not intended to be a means for Participant and other participants to coordinate their commercial behaviour in the market in view of fixing prices, quantities, and allocating customers or markets, nor as a forum for the exchange of confidential or otherwise commercially sensitive company-specific information.
It is the responsibility of the Participant to comply with competition law relying on its own legal advice; it is not the responsibility of The Boston Consulting Group or its staff to ensure that Participant or other participants comply with competition law in their own activities.It is the responsibility of the Participant to comply with competition law relying on its own legal advice; it is not the responsibility of The Boston Consulting Group or its staff to ensure that Participant or other participants comply with competition law in their own activities.

01. Definitions

1.1. In these Terms the following words and phrases shall have the following meanings:

  • Affiliate means, with respect to any Person, any other Person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Person, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through ownership of voting securities, by contract or otherwise.means, with respect to any Person, any other Person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such Person, and the term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person, whether through ownership of voting securities, by contract or otherwise.
  • Authorized User means, as applicable, the Participant's employees and agents which the Participant has authorised to use the Platform and who are bound by confidentiality obligations.
  • Beta Platform means the non-definitive version of the Platform whereby the Boston Consulting Group invite Beta User to provide feedback on software performance and identification of defects.
  • Beta Users means any company participating in the Beta Test of the Platform for its intended use.
  • Force Majeure Event means any event whatsoever beyond The Boston Consulting Group's reasonable control including (a) internet interruption, (b) failure, distortion or delay in any communications, systems, networks, hardware and software, power (c) suspension of trading, (d) acts of God, (e) voluntary or mandatory compliance with any Regulations (f) loss or non-grant of any necessary licence or consent (g) any change in any Regulations or interpretation of any Regulations; (h) accidental damage; (i) adverse weather conditions; (j) any labour dispute, (k) non-performance by suppliers, subcontractors or third parties; (l) interruption or failure of any utility service; or (m) war or civil commotion.
  • Individual Services Agreement means the agreement between the Participant and The Boston Consulting Group or an Affiliate thereof governing the provision of benchmarking services.
  • Information means confidential information of the Participant including without limitation any work information, concepts, ideas, commercial and technical data, strategy, intellectual property, industrial, marketing or commercial information.
  • Intellectual Property Rights means all patents, trademarks, service marks, trade and business names, copyright (including copyright in computer programs), rights in designs, database rights, rights in know-how, analytical concepts, approaches, methodologies trade secrets, rights in confidential information and all other intellectual property rights or forms of protection of a similar or equivalent nature or effect which may subsist anywhere in the world (whether or not registered or capable of registration), together with all applications for registration of and rights to apply for, and any licence to use, any of the above, anywhere in the world, whether under statutory law, common law, or otherwise.t registered or capable of registration), together with all applications for registration of and rights to apply for, and any licence to use, any of the above, anywhere in the world, whether under statutory law, common law, or otherwise.
  • Login Details means the password and user identification or other security information in connection with the Participant’s access to the Platform.
  • Participant means the company participating in the Subscription who is using the Platform for its intended use.
  • Participant Systems means the computer systems, technology and network infrastructure necessary for the Participant and any Authorized User to access and use the Platform.
  • Person means any individual or legal entity (whether or not incorporated) under any statutory or common law (whether private or public law) anywhere in the world.
  • Personal Information means any information that relates to an identified or identifiable individual, such as an individual’s name or email address.
  • Platform means the digital platform for subscribers to get access to a set of tools and analytics that visualizes market intelligence, movements and trends across the FinTech, RegTech & InsurTech ecosystems.
  • Platform Software means the software provided to enable access to and use of the Platform.
  • Privacy Policy means the privacy policy of The Boston Consulting Group.
  • Regulations means all laws, statutes, orders, rules, treaties, regulations, directives, edicts, bye-laws, schemes, other instruments made under any statute or in exercises of the royal prerogative, rules, principles or guidance of a Regulator, decision, judgment and direction of a court, in each case as may be applicable to a Participant, The Boston Consulting Group or the Platform.
  • Regulator means any person, or law enforcement or other agency in a relevant jurisdiction having regulatory, supervisory or governmental authority (whether under a statutory scheme or otherwise) over all or any part of the business of the Participant or an Authorized User.
  • Subscription means the arrangement for the Participant to receive access to the Platform for the length of time specified in the contract.
  • The Boston Consulting Group means The Boston Consulting Group Inc. and all of its respective Affiliates.

1.2. In these Terms:

  • headings are for convenience only and shall not affect the interpretation of any provision of these Terms;
  • any reference to a section is a reference to a section of these Terms;
  • any reference to a person includes any individual, firm, company or other legal entity;
  • any obligation in these Terms on a person or party not to do something, includes an obligation not to agree, allow, permit or acquiesce to that thing being done;
  • any reference in these Terms to any enactment or statutory provision or subordinate legislation shall be construed as a reference to it as from time to time replaced, amended, consolidated or re-enacted (with or without modification) and includes all orders, rules or regulations made under such enactment;
  • words denoting the singular include the plural and vice versa, and words denoting any gender include all genders; and
  • any use of the words include or including, or any like words, shall be construed without limitation.

02. Login details and security

2.1. The Participant shall instruct its Authorized Users not to provide the Login Details to (or otherwise permit access to the Platform by) any person other than its Authorized Users, and accepts full responsibility at all times for any and all of their use of the Platform and violation of these Terms. The Participant shall also take responsibility for any unauthorized access to or use of the Platform where, by its acts or omissions, its Login Details are disclosed to person(s) other than its Authorized Users.

2.2. The Boston Consulting Group shall be under no obligation to ascertain whether any person using the Login Details to access or use the Platform is properly authorised by the Participant, and shall be entitled to assume, without enquiry, that any such person is an Authorized User and their access or use of the Platform is properly authorized by the Participant.

2.3. The Participant shall ensure all Authorized Users understand how to use the Platform and are appropriately supervised.

2.4. The Participant shall keep all Login Details secret and shall implement and maintain adequate security measures to prevent access to the Platform by any person other than an Authorized User.

2.5. If The Boston Consulting Group becomes aware, or suspects that any unauthorized person has obtained or has attempted to obtain unauthorized access to, or there is misuse of, the Platform or Login Details, then in addition to any other rights or remedies available under these Terms it may take such steps as it deems appropriate to change the Login Details and/or the security of the Platform. The Participant shall notify The Boston Consulting Group immediately in writing or by telephone if it becomes aware of any such actual or potential misuse or unauthorized access.

03. Participant Systems and the Platform

3.1. The Participant shall be responsible (at its own cost) for:

  1. the selection, provision, maintenance and support of the Participant Systems;
  2. co-operating with The Boston Consulting Group in all matters relating to the Platform;
  3. ensuring that the Participant Systems are at all times suitable for use with the Platform.

3.2. The Boston Consulting Group is not responsible in any way for the configuration of the Participant Systems, the interoperability or reliability of the connection between the Participant Systems and the Platform and is not responsible for any communication failures, distortions or delays when using the Platform.

3.3. The Boston Consulting Group has sole discretion and control over, and may modify at any time in its absolute discretion: (i) the functionality, performance, configuration, appearance and content of the Platform; (ii) the availability of the Platform to any person at any particular place, time or location; (iii) security protocols or procedures applicable to the Platform or Participant Systems; and (iv) The Boston Consulting Group policies and procedures in relation to accessing and using the Platform.

3.4. The Participant understands and acknowledges that the Platform response times may vary due to external conditions, Platform performance, access device location or other factors, and that access to the Platform may be limited or unavailable during periods of peak demand, systems upgrades, routine or emergency maintenance, Force Majeure Events or for other reasons. The Boston Consulting Group does not warrant the performance or availability of the Platform.

3.5. By accepting these Terms, the Participant and each Authorized User will also be deemed to accept and agrees to be subject to what is stated in any legal notices, guidelines, rules or other terms or conditions displayed or posted (including by links) on the Platform that are expressly stated as superseding particular provisions of these Terms or that supplement these Terms. By accepting the Privacy Policy, the Participant and each Authorized User will be deemed to accept and agrees to be subject to the Privacy Policy. These Terms hereby incorporate by this reference the Privacy Policy and any such legal notices, guidelines, rules or other terms or conditions.

04. Confidentiality and privacy

41. In the course of the Subscription, The Boston Consulting Group and its employees will gain access to and knowledge of Information of the Participant and/or its Authorized Users. Accordingly, The Boston Consulting Group agrees that it will not disclose any Information to any third party other than: (i) those officers, employees, agents, contractors and advisors of The Boston Consulting Group to whom it is necessary to disclose the Information for the purpose of the Survey; or (ii) a subcontractor of The Boston Consulting Group engaged for the purpose of the Subscription.

4.2. The confidentiality undertakings do not extend to any part of the Information which: (i) is already public knowledge or becomes so at a future date (otherwise than as a result of a breach of this section); (ii) is required to be disclosed pursuant to legal, or regulatory requirements; (iii) The Boston Consulting Group was in possession of before disclosure to The Boston Consulting Group; (iv) becomes known to The Boston Consulting Group through disclosure by sources other than the Participant having the legal right to disclose such Information; or (v) is independently developed by The Boston Consulting Group without reference to or reliance upon the Information.

4.3. Participant shall treat the information received from or via the Platform as confidential and will not distribute it outside its organisation without The Boston Consulting Group's prior written approval.

4.4. If the Participant or the Authorized User communicate any comment, questions or suggestions to The Boston Consulting Group (collectively, "Feedback") regarding changes to the Platform, including, without limitation, new features or functionality, all such Feedback is, and will be treated as, non-confidential and non-proprietary. The Participant hereby assigns all right, title, and interest in, and The Boston Consulting Group is free to use, without any attribution or compensation to the Participant, any ideas or other intellectual property contained in the Feedback, for any purpose whatsoever. The Participant agrees that The Boston Consulting Group is not obligated to use, any such ideas contained in the Feedback.

4.5. Participant accepts and agrees that The Boston Consulting Group may process, disclose and transfer Personal Information of the Participant or Authorized Users in accordance with the Privacy Policy.

4.6. The Participant shall, and shall cause its Authorized Users, not to provide any Personal Information of any person other than its Authorized Users and only to the extent required to access and use the Platform. If The Boston Consulting Group becomes aware of any Personal Information uploaded onto the Platform in violation of this section, it may without warning delete this information. The Participant represents that it complies with, and will continue to comply with, all applicable privacy and data protection laws and regulations with respect to any Personal Information that the Participant or its Authorized User may provide to The Boston Consulting Group directly or through the use of the Platform.

05. Consent to the processing of Personal Information

5.1. The Authorized User grants consent to the following Personal Information being processed for the following purposes, and as otherwise provided in the Privacy Policy:

  • Name, email address, IP address, user activity
  • Managing access to the Platform, monitoring usage of the Platform and providing support related to accessing and using the Platform.

The Authorized User is aware that, for these purposes, his/her Personal Information may be transferred to, stored at, and/or processed by The Boston Consulting Group, seated in the USA, and/or other Affiliates of The Boston Consulting Group or their service providers in other countries, including outside of the European Union. This explicitly includes data transfers to the USA, which may not ensure an adequate level of protection as deemed by the European Union. The Authorized User’s consent explicitly extends to and covers these practices.

5.2. The Authorized User may revoke this consent to the extent permitted by applicable law, by sending an email to: fct.bcg@expandresearch.com

5.3. The Authorized User acknowledges that Personal Information may be processed without his/her consent to the extent permitted by applicable law.

06. Payment

6.1. The Participant agrees to the payment terms and pricing scheme laid out in the Individual Services Agreement between the Participant and The Boston Consulting Group which shall form part of these Terms.

07. Usage of the Platform

7.1. The Participant shall only use the Platform for research purposes and to communicate with The Boston Consulting Group. The Participant shall not use or permit the use of the Platform for any other purpose and shall not use or permit use of the Platform or Platform Software for any purpose or in any manner that is unlawful. In particular, Participant shall not share Information to coordinate its behaviour with other participants in view of fixing prices or quantities or allocating customers or market. The Participant shall abide and cause the Authorized User to abide by all state, local, national and international laws and regulations applicable to the Participant and Authorized User's use of the Platform.

7.2. If the Participant fails to comply with its obligations under section 7.2 above, The Boston Consulting Group has the right to put limits on the Participant's use the Platform.

7.3. The Boston Consulting Group will monitor the use of the Platform and may alter, remove or monitor Information submitted via the Platform. The Boston Consulting Group has no obligation to verify the accuracy of any Information.

7.4. The Participant agrees that The Boston Consulting Group does not act on behalf of Participant or any of its Authorized Users (or any other participant or its authorized users) when providing access to or use of the Platform or related services.

08. Prohibited Conduct

8.1. The Participant and its Authorized Users may use the Platform for lawful purposes only. The Participant or its Authorized Users may not upload to, or distribute or otherwise publish through the Platform any content that is the following:

  • is libellous, defamatory, obscene, pornographic, abusive, harassing or threatening, or otherwise objectionable to the Boston Consulting Group in its sole discretion;
  • contains computer viruses, worms, moles or other contaminating or destructive elements;
  • violates the rights of others, such as content that infringes any copyright, trademark, patent, trade secret or violates any right of privacy or publicity;
  • contains any false or misleading statement;
  • contains advertising; or
  • otherwise violates any applicable criminal or civil law. The Participant may not use the Platform for any commercial purpose and may not distribute over the Platform any solicitation of funds, goods and services. In addition, the Participant may not use the Platform to solicit subscribers to join other online information services that are competitive with the Platform.

09. Disclaimers

9.1. To the maximum extent permitted by applicable law:

  • The Platform, Platform Software and any connected and related services, systems, information, components, interfaces, equipment, documentation, materials and technology are provided on an “as is”, “where is” and “where available” basis, without any warranties of any kind, whether express, implied or statutory;
  • Without limiting the foregoing, the Boston Consulting Group makes no representation or warranty whatsoever that the Platform, Platform Software or any information provided under or in connection with the Platform shall be of satisfactory quality, fit for purpose, uninterrupted, timely, secure, accurate, correct, complete, error-free, free from viruses and malicious components, or compatible with the Participant Systems; and
  • The Boston Consulting Group disclaims all terms, conditions, warranties, representations and undertakings which might be implied, whether by statute or otherwise, in respect of the Boston Consulting Group’s obligations, including warranties of merchantability, fitness for a particular purpose, non-infringement and title.

9.2. All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of the Boston Consulting Group and its affiliates and their respective shareholders, directors, officers, employees, agents, representatives, licensors, suppliers and service providers, and their respective successors and assigns.

10. Intellectual Property

10.1. All Intellectual Property Rights relating to the Platform and the Platform Software shall remain vested in The Boston Consulting Group or its licensors and may not be used by the Participant or any of its Authorized Users without the prior written consent of The Boston Consulting Group or its licensors (as applicable). The Boston Consulting Group shall own all Intellectual Property Rights pre-existing or developed under these Terms or in connection with the Platform, Platform Software or Surveys. Without limiting The Boston Consulting Group’s rights to use Information in connection with Surveys, ownership of the Information shall remain vested in the Participant.

10.2. Subject to these Terms, The Boston Consulting Group grants to the Participant a personal, revocable, non-exclusive, non-transferable, non-sublicensable licence to access the Platform Software and to permit use of the Platform Software by its Authorized Users, in each case solely for the purposes set forth in section 7.1, for the duration of these Terms.

10.3. The Participant shall not:

  • cause or permit the reverse engineering, disassembly or decompilation of any Platform Software;
  • make the Platform Software available to any third party for any purpose;
  • recreate or copy the Platform Software;
  • re-export or re-distribute the Platform Software or any part of the Platform without The Boston Consulting Group’s prior written permission; or
  • use any trade names, trademarks, service marks or logos of the The Boston Consulting Group or its licensors without the express prior written consent of The Boston Consulting Group (and nothing contained on the Platform should be construed as granting any such right).

10.4. The Participant and its Authorized Users shall at all times keep the Platform Software and other related materials and information secure and confidential, except to the extent required by applicable law or Regulations. If the Participant or any Authorized User receives a disclosure order from the Regulator or other governmental authority, it shall promptly notify The Boston Consulting Group of the required disclosure, and if requested assist The Boston Consulting Group in challenging such order, in each case to the extent not precluded from doing so by applicable law or Regulations.

10.5. The Participant shall:

  • not modify the paper or digital copies of any Platform Software or related materials and shall not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text; and
  • not use any part of the Platform Software or related materials for commercial purposes without obtaining a licence to do so from The Boston Consulting Group.

11. Suspension

11.1. The Participant acknowledges that, in addition to the events described in section 3.4, the Platform may fail or otherwise not be available or be subject to incorrect or restricted functionality or performance for whatever reason, including failure of technology, power failure, failure of communications links or security breach. The Boston Consulting Group may suspend the Participant’s or any Authorized User’s access to and use of the Platform at any time and without prior notice, for any or no reason, including if The Boston Consulting Group believes that the Participant or any Authorized User has violated or acted inconsistently with these Terms. No course of dealing will be construed as a promise of continued or continuous availability or capability of the Platform and The Boston Consulting Group is not responsible to the Participant in relation to such unavailability or for incorrect or restricted functionality or performance.

12. Termination

12.1. These Terms shall continue in force until terminated in accordance with this section 12.

12.2. The Boston Consulting Group may terminate the Participant’s or any of its Authorized User’s access to or use of the Platform for convenience at any time with immediate effect as set out in section 1.3.

12.3. Unless required by applicable law or Regulations, these Terms shall terminate with immediate effect at the earliest of:

  • The Boston Consulting Group removing access to the Platform; and
  • either party giving written notice of termination to the other party, such termination to be effective, unless otherwise specified in the notice, on receipt of such notice; and
  • upon expiration or termination of the Individual Services Agreement with the Participant.

12.4. Upon any termination of these Terms, the Participant’s (and its Authorized User’s) right to access and use the Platform Software and Platform will immediately cease, and The Boston Consulting Group may, without liability to the Participant or any third party, immediately deactivate or delete user names, password and accounts, and all associated materials, without any obligation to provide any further access to such materials. Any termination of access to or use of the Platform shall not affect any accrued or outstanding rights or liabilities of The Boston Consulting Group or the Participant which have arisen prior to or upon termination, nor shall it affect the coming into force or the continuance in force of any provisions of these Terms which are expressly or by implication intended to come into force or continue in force on or after that termination including the provisions in Sections 4, 5, 9, 10, 12.4, 13, and 14.

13. Governing law

13.1. These Terms, and any claim or dispute arising in connection with these Terms, the Privacy Policy or use of the Platform, are governed by and shall be construed in accordance with the laws of Singapore, without regard to its principles of conflicts of law.

14. General

14.1. All notices must be in writing and must be hand delivered, sent by email or other electronic means, or forwarded by registered or certified mail to the relevant party and shall be deemed to have been delivered on receipt at the relevant address indicated in the Individual Services Agreement.

14.2. The Boston Consulting Group may, at any time, amend or supplement these Terms, upon written notice including via the Platform. Any such amendments or supplements will not apply to any dispute between The Boston Consulting Group and Participant arising prior to the date on which The Boston Consulting Group provided such notice.

14.3. Neither these Terms nor the matters to which they relate shall be assigned by either party without the prior written consent of other, save that The Boston Consulting Group may assign these Terms to another entity in connection with the transfer of all or part of its assets or business to a member of The Boston Consulting Group or to a third party without the Participant’s prior written consent.

14.4. These Terms and the Individual Services Agreement set out the entire agreement between the parties relating to their subject matter and override any prior correspondence or representations. In the event of a conflict between these Terms and the Individual Services Agreement, these Terms shall prevail. Each party acknowledges that, in entering into these Terms, it has not relied on, and shall have no right or remedy in respect of, any statement, representation, assurance or warranty (whether made negligently or innocently) other than in respect of The Boston Consulting Group’s reliance on the person agreeing to these Terms having authority to bind the Participant and other than as expressly set out in these Terms, provided that nothing in this section shall limit or exclude any liability for fraud.

14.5. Each of the provisions of these Terms is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction that shall not affect or impair the legality, validity or enforceability in that jurisdiction of the other provisions of these Terms, or of that or any provision of these Terms in any other jurisdiction.

14.6. These Terms shall be binding upon and take effect for the benefit of The Boston Consulting Group and the Participant and their respective successors in title, permitted assigns and legal representatives and references to the parties shall be construed accordingly.

14.7. These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between The Boston Consulting Group (or any of its Affiliates) and the Participant or any Authorized User.

14.8. Without limitation, a printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

15. Beta Test Program

15.1. The Boston Consulting Group develops pre-release Beta version of the Platform, not available for public release, including modifications, enhancements, improvements, updates, additions, derivative works, documentation and related material.

15.2. The Boston Consulting Group desires that the Beta Software be tested prior to a generally available commercial release.

15.3. Beta User wishes to serve as a Beta test site for such Beta Software and acknowledges the Beta Disclaimer as set forth in Appendix 1.

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