Terms & Conditions

1. Who we are

These Terms & Conditions ("Terms") govern your access to this website, your submission of information through it, and any structural audit, consultation, memorandum, checklist, matrix, roadmap, or other deliverable ("Deliverables") provided by The Most Accounting Limitedand its personnel ("we", "us", "our"). Engagement letters or statements of work may supplement these Terms; where they conflict on a specific engagement, the signed engagement document prevails for that engagement.

We operate as a fractional APAC consolidation hub: where you engage us, we may assist with cross-border consolidation workstreams and deliver group reporting materials framed for IFRS or US GAAP (as described in the relevant proposal). Statutory financial reporting under Australian Accounting Standards (AASB), tax lodgement, audit opinions, and director or officer certifications for Australian entities remain the responsibility of your Australian-qualified accountants, registered tax agents, auditors, and legal advisers, unless (and only to the extent) a separate written engagement with us expressly states otherwise and we confirm any required registrations or scope.

2. Not professional advice; no audit opinion

Unless expressly agreed in writing and only to the extent stated there, nothing we provide (including any "audit", "structural audit", briefing, or Deliverable) constitutes:

• An audit, review, or assurance report under Hong Kong Standards on Auditing or other professional assurance standards;
• Legal advice (including tax law, corporate law, or regulatory interpretation in Hong Kong, Mainland China, Australia, Japan, or elsewhere);
• Regulated financial advice under the Securities and Futures Ordinance (Cap. 571) or other licensing regimes, unless we expressly confirm otherwise in writing; or
• A substitute for your own judgement, internal controls, board processes, or advice from your lawyers, auditors, and tax advisers;
• Acting as a registered Australian tax agent or other regulated preparer for Australian regulatory filings (including ASIC or ATO lodgement), or standing in the place of your Australian statutory financial reporting preparers, unless we expressly confirm otherwise in writing and hold any registration legally required for that role; or
• A representation that we prepare, file, or sign off AASB financial statements or related disclosures on behalf of your Australian group—that work remains with your local professional advisers unless a written engagement explicitly provides for it.

You remain solely responsible for decisions you make and for compliance with all applicable laws and regulations, including disclosure, listing, tax, and anti-money laundering requirements in every jurisdiction where you operate.

3. Use of Deliverables and "audit" materials

Unless we agree otherwise in writing, Deliverables are prepared solely for your internal management use in connection with the specific purpose described in our engagement. You agree that you will not, and will procure that your affiliates and advisers will not:

• Rely on any Deliverable as the sole basis for public disclosures, regulatory filings, financing, M&A, litigation, or signing director or officer certifications (including any "true and correct" or similar certifications);
• Circulate Deliverables to third parties (including auditors, regulators, lenders, or investors) without our prior written consent and, where appropriate, a reliance letter on terms we approve;
• Remove disclaimers, watermarks, or proprietary notices, or represent our work as an independent audit or formal valuation; or
• Use our name, branding, or Deliverables in marketing or fundraising without prior written consent.

Any roadmap, checklist, or matrix is illustrative and depends on facts you supply. We do not warrant completeness or that outcomes will match any particular tax, accounting, or regulatory treatment.

4. Your information and cooperation

You warrant that information you provide is accurate and complete to the best of your knowledge and that you have authority to share it. You will notify us promptly of any material change. We may decline or terminate work if we believe instructions are unlawful, conflict with professional obligations, or create unacceptable risk.

5. Fees and scope

Fees, scope, and timelines for paid engagements are as set out in our proposal or engagement letter. Unless otherwise stated, fees are exclusive of out-of-pocket expenses and applicable taxes. Late payment may incur interest and suspension of work as permitted by law.

6. Limitation of liability

To the fullest extent permitted by the laws of Hong Kong (including the Control of Exemption Clauses Ordinance (Cap. 71), where applicable):

• We exclude liability for indirect, consequential, special, or punitive loss, loss of profit, revenue, goodwill, or data, and for any loss arising from reliance on Deliverables beyond the scope permitted in Section 3.
• Our aggregate liability arising out of or in connection with these Terms or any engagement (whether in contract, tort, equity, or otherwise) is capped at the total fees actually paid by you to us for that engagement in the twelve (12) months before the claim arose, except that nothing in these Terms limits liability that cannot lawfully be limited (including liability for death or personal injury caused by negligence, or fraud).

7. Indemnity

You will indemnify and hold harmless us and our personnel against claims, losses, and reasonable professional costs (including solicitors' fees) arising from: (a) your breach of these Terms; (b) misuse or unauthorised distribution of Deliverables; (c) your reliance on our work outside the agreed scope; or (d) inaccurate or incomplete information you supply, except to the extent finally determined to have been caused by our fraud or wilful misconduct.

8. Intellectual property

We retain all intellectual property rights in our methodologies, templates, and Deliverables. You receive a non-exclusive, non-transferable licence to use Deliverables internally for the purpose of the engagement. No other licence is granted unless agreed in writing.

9. Confidentiality

Each party will protect the other's confidential information with reasonable care and use it only for the engagement. We may use anonymised and aggregated learnings that do not identify you. Statutory or regulatory disclosure obligations may override confidentiality where applicable.

10. Personal data (Hong Kong PDPO)

We handle personal data in accordance with the Personal Data (Privacy) Ordinance (Cap. 486) where it applies. Personal data collected through this site or an engagement is used to respond to enquiries, provide services, comply with law, and improve our operations. You may request access or correction of your personal data held by us in accordance with that Ordinance by contacting us at fandytong@themost.com.hk. Reasonable steps are taken to keep data secure; no system is perfectly secure.

11. Anti-corruption

Each party will comply with applicable anti-bribery and anti-corruption laws, including the Prevention of Bribery Ordinance (Cap. 201) in Hong Kong and equivalent laws in other relevant jurisdictions. Facilitation payments and improper advantages are not permitted.

12. Website and lead magnet

Downloadable materials (including checklists and matrices) are general in nature. They illustrate mapping concepts (for example between PRC GAAP / Asian books and IFRS or US GAAP group reporting, and how those topics may interact with Australian (AASB) considerations) for discussion with your professional advisers—they are not instructions for filing, lodgement, or sign-off. They do not replace tailored advice. We may update or withdraw materials without notice. You use this website at your own risk; we do not warrant uninterrupted or error-free access.

13. Termination

Either party may terminate an engagement in accordance with the engagement letter. On termination, you remain liable for fees and expenses accrued, and Sections 3, 6–11, 14–16 survive.

14. Governing law and jurisdiction

These Terms are governed by the laws of Hong Kong. The courts of Hong Kong have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms or our services, subject to any mandatory provisions of law that cannot be excluded.

15. Miscellaneous

If any provision is held invalid, the remainder remains in force. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign to an affiliate or successor. Notices may be sent to the email addresses you provide or to fandytong@themost.com.hk.

16. Contact

Questions about these Terms: fandytong@themost.com.hk