Terms of Use - 360 Feedback Manager

Updated 17 May 2021
Our terms of use explain our obligations as a service provider and your obligations as a user.

These Terms and Conditions relate to ‘360feedbackmanager.com’ only.
360feedbackmanager.com a Software As A Service (SAAS) platform offered by LMS Global UK Ltd and does not in any way relate to any other services that the company provides. The platform currently consists of four subscription-based options:

  • Free Trial
  • Self Managed Platform
  • Bespoke Platform
  • Managed By Us service

The Bespoke Platform and Managed By Us service subscriptions require a supplemental Business Agreement to be agreed.

"We/Us/Our" means LMS Global UK Ltd., registered in England and Wales, company registration no: 04690347.LMS Global UK Ltd. provide the 360FM Platform and associated services. LMS Global refers to LMS Global UK Ltd.
"You/Customer" means you and the entity you represent and also refers to any person accessing the Services by any method on your behalf.
"Fee" means the fee (excluding any taxes and duties) payable by You in accordance with the fee structure and schedule set out on the Website.
"Agreement" means these Terms of Use.
"Confidential Information" includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes,publicly available other than through unauthorized disclosure by the other party.
"Data" means any data inputted by You or with Your authority into the Website. This includes feedback inputted by participants via 360FM platform dashboards you have provided for them.
"Data Controller" is the entity that determines the purposes and means of processing personal data, with the associated responsibilities defined in the data protection laws.
"Free Trial" means access to use the 360FM platform without first paying a Fee.
"Intellectual Property Right" means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
"Participant" means a person from whom you are collecting data, or with whom are you are sharing data, within your Projects. For example, this includes people who are providing feedback (Raters) and people who are receiving feedback(Subjects).
"Project" means a specific online project created within the 360FM Platform for a single client organisation or division (Client/Division) within that organisation. Projects have a single start and end date (maximum 8 weeks, longer by request) and may contain multiple Subjects and Raters. Project deadlines can be extended for a maximum of 2 weeks using the Extend button on the dashboard.
"Service" or "Services" means the online services made available (as may be changed or updated from time to time by LMS Global) via the 360FM platform website.
"360FM Platform” means the 360 Feedback Manager Platform, a product and service provided by LMS Global UK Ltd. available at 360feedbackmanager.com.
"Subscription" means a fee paid regularly in order to access the 360FM Platform. Subscription fees are payable at the start of each Subscription Period.
"Subscription Period" means a period for which you have access to the Service in return for the subscription fee being paid in advance of that period, typically monthly.
"Website" means the Internet site at the domain www. 360feedbackmanager.com or any of its sub-domains.

3.1. Term
These Terms of Use take effect from the date that You register with the 360FM Platform and will remain effective until termination of your subscription.

4.1. Privacy Policy
Please take some time to carefully read through our Privacy Policy. This policy outlines what data we collect from you, what we do with your data and how we ensure it is secure.
By agreeing to these Terms and Conditions it is assumed that you have read and understood our Privacy Policy.

5.1. LMS Globals Intellectual Property
LMS Global retains ownership and all Intellectual Property Rights in the service, website, know-how, specifications, inventions, processes, software, data or information within the 360FM Platform, apart from any changes you have made to the Questionnaire and Competencies, and any feedback provided by Subjects or their Raters. You may only use 360 Feedback Manager trademarks and brand materials with separate written consent.

5.2. Your Intellectual Property
You retain ownership of any changes you have made to the Questionnaire and Competencies, as well as any feedback provided by Subjects or their Raters. In addition, if you are a Bespoke Platform or Managed By Us service user and have asked us to incorporate your own algorithms and bespoke reports, you retain ownership of these as well.

5.3. Proprietory Rights
No proprietary rights or any other rights whatsoever are assigned, granted or shall otherwise pass to the Customer.

5.4. Hosting Your Intellectual Property - For Bespoke Platform and Managed By Us Service Users Only

If you are a Bespoke Platform or Managed By Us service user and have asked us to incorporate your own algorithms and bespoke reports we agree to host them on our 360 Feedback Manager Platform and integrate them into your paid 360 Feedback Manager subscription account so that you can use them in your Projects.

Because the 360 Feedback Manager Platform relies on underlying third-party technologies and components we cannot guarantee that any changes to them will not impact on the correct functioning of your IP. However, if this likely to be the case, we will inform you of how we propose to mitigate such changes.

We are continuously improving and fine-tuning the user interface and functionality of the Platform and these updates when fully tested are usually deployed between 3am and 7am GMT unless we deem that an emergency deployment is required.

In the unlikely event that as a result of upgrading the 360 Feedback Manager platform, significant work is required to update the components behind your bespoke algorithms, questionnaire functionality and report to keep them functioning, this will be charged for at our usual Project Development rate. Significant upgrades usually occur on a five-yearly cycle and we will give you six months notice in writing when they are due to take place.

Our Platform runs on Amazon AWS servers. These provide us with a dashboard on which we are able to monitor uptime and security, as well as set appropriate alerts, for example if the system is down for more than 1 second or the CPU usage is excessive. We commit to a 99% server uptime.

6.1. Your responsibilities
You must use the Services in compliance with, and only as permitted by, applicable law. You are responsible for Your conduct, Data and communications while using the Service. LMS Global is not responsible for any actions you take with your Data, including sharing it publicly.

You are responsible for Data associated with 360FM Platform Projects you have access to, to the extent that your access to those Projects permits. Please refer to Your responsibilities as a Data Controller within our Privacy Policy.

6.2. You accept joint responsibility for shared Data
You may grant Subjects, Raters and Stakeholders limited access to your 360FM Platform Projects. You accept joint responsibility for any 360FM Platform Project that you share access to, with other users.

You can revoke your own access to a 360FM Platform Project. After your access is revoked, you remain responsible for any actions taken or Data collected during the period that you had access, and for any actions or Data collected by users to whom you have granted access, unless you have written agreements with the other parties to transfer this responsibility.

6.3. Securing access to your account
You are responsible for securely managing access to your account, 360FM Platform Organizations and Projects.
This should include, but is not limited to:

  • Only using unique, strong passwords that are not shared with any other party
  • Creating unique accounts for each user that has access
  • Removing the access of other users who may pose a security risk. For example, this could include a colleague who is leaving your organization.
  • You must immediately notify LMS Global of any unauthorized use of your password or any other breach of security you become aware of.

Customers who distribute their login credentials to other users will assume responsibility for all actions of those users.

6.4. Acceptable use
You agree that:

  • You may not impersonate another person or their email address to misrepresent yourself when creating or updating your account, or in communications sent using the Service or in correspondence with the 360FM Platform team
  • You may not circumvent or attempt to circumvent any limitations imposed on your account
  • You may not send abusive communications through our Service or in correspondence with the 360FM Platform team
  • You may not use 360FM Platform to send spam
  • You may not attempt to test or breach the security of the Service without written permission from 360FM Platform.
  • You may not attempt to reverse engineer any part of the Service
  • You may not knowingly use 360FM Platform excessively such that it affects the quality of service provided for other users
  • You may not use 360FM Platform to provide research for or benefit a competitive product or service
  • You may not use 360FM Platform for any unlawful or immoral activity.

6.5. Compliance
The Customer shall comply with all instructions given by LMSG regarding the use of the software.

6.6. Enabling Your Project
By clicking the Enable Project button in the Enable Project subscreen/popup window (which requires you to have ticked all the tickboxes on the same screen) you are confirming that you have:

  • completed all the project parameters
  • set up the start of the project, the data gathering start date and the data gathering end date
  • proofed the Questionnaire and the Competencies
By confirming the above the Enable Project button turns yellow, meaning that it is ready to be clicked. By clicking the button at this point it will turn green and the project is then up and running. From this point onwards any emails that are due to be triggered will be sent to their recipients, and you acknowledge that you have agreed with your client the content and timing of all emails.

7.1. Introduction
LMS Global may offer a Free Trial that grants you limited usage of the Service at no cost.

7.2. Limited to one Free Trial per organization
LMS Global offers the Free Trial in good faith and limits the Free Trial offer to one user per organization. You may contact our support team to discuss extending the Free Trial if you have legitimate reasons to do so.

7.3. Right to retract
LMS Global reserves the right to retract or suspend a Free Trial at any time.

7.4. Email Validation
On signing up for a Free Trial account you must validate your email address before being given access to your Dashboard. If you have not validated your email address within 14 days, any details you input on signup will be automatically deleted.

7.5. Project Data and Account Deletion
After the Free Trial has expired and you have not already upgraded to our Self-Managed Platform (or Bespoke or Managed By Us service) and you attempt to log in, you will be given the opportunity to upgrade, delete your project data (the Subjects and Raters as well as all their feedback and reports) or delete your account, which will delete your account details as well as all your project data.

8.1. Platform capacity
Free Trial, Self-Managed Platform, Managed By Us service and Bespoke Platform subscriptions allow for a maximum of 100 Subjects, 1,000 Raters and concurrent usage by 16 users. Should your usage exceed these limits we will charge additional fees to cover our server costs.

9.1. Payment of fees
You agree to pay LMS Global UK Ltd. any Fees for services you purchase or use, in accordance with the pricing and payments terms presented to you for that service. Fees paid are non-refundable except where provided in these Terms or required by law.

9.2 Subscriptions
360FM Platforms subscription fees are collected by credit/debit card through Stripe, our third-party payment processors, and will automatically renew at the end of the Subscription Period. The subscription amount can be seen on the 360feedbackmanager.com website.

If the Customer fails to pay any amount payable under the Agreement then LMSG reserves the right to restrict access to the Platform until payment is made, or if payment is not forthcoming within 30 days of the due date the account will be terminated and all project data and account details deleted.

9.3. Cancellation
You can cancel the automatic renewal at any time, in which case the Subscription will continue until the end of the Subscription Period and then terminate. To cancel your subscription, go to the Billing & Subscription page in your dashboard.

9.4. In-Platform Purchases
Additional Projects and Subjects may be purchased manually from within the 360FM Platform by credit/debit card through Stripe.

9.5. Taxes
You are responsible for payment of all taxes and duties relevant to your country. Where LMS Global is required by law to collect or pay taxes, these will be invoiced to you. If you are required by law to withhold any taxes, you must provide LMS Global with tax receipts or other documentation that clearly supports such payments.

9.6. Price Changes
LMS Global may change the pricing of its paid services at any time. Any pricing change will only affect a Subscription at the time of renewal. You can check current prices on the Pricing page at 360feedbackmanager.com.

9.7. Discounts and preferential pricing
LMS Global may offer discounts or preferential pricing to partner organizations, charities, academic institutions and any other customer. LMS Global reserves the right to retract any discount or preferential pricing for invoices that have passed their due date without payment, and from future fees that have not yet been invoiced.

9.8 Longer Projects

By default, projects last a maximum of 8 weeks If you are likely to require a longer timeframe, please raise a support ticket. Longer projects will be charged at an additional cost.

9.9 Project Extensions

Projects can be extended for a maximum of a further 2 weeks by using the Extend button. If you require additional extensions these are charged at the price of a full project.

10.1. You may terminate your access at any time
You can choose to terminate your use of the service at any time. This is achieved by opting out of the Subscription auto-renewal (if applicable) by emailing a request to support@360feedbackmanager.com. Optionally you may also request for your account to be deleted.

10.2. We may terminate your access
LMS Global may suspend or terminate your access immediately if:

  • You breach these Terms and do not remedy the breach within 14 days of receiving written notification;
  • You breach these Terms and the breach cannot be remedied;
  • You cancel your subscription to 360 Feedback Manager or fail to pay for a subsequent renewal.
  • You cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within three months.

We will make commercially reasonable efforts to contact you and remedy the situation in advance of suspending or terminating your account.

10.3 Refunds
You will not be entitled to a refund unless we are in breach of these Terms and have failed to remedy it within 30 days after you notified us in writing; or where a refund is required by law. Any refund will be calculated on a pro rata basis.

10.4 Outstanding payments
You will remain liable for any outstanding payments due before or after the termination for services that have already been used.

10.5 Inactive accounts
LMS Global may terminate and delete your account — including any associated Data — if no payment or activity has been seen for over 12 months. LMS Global will attempt to contact you before deleting any account so that you may login and in doing so prevent the deletion.

10.6 Deletion of Project Data
If you no longer wish to use the Platform you can manually delete project data from within the dashboard. This must be done prior to expiry of your subscription.
All data from all your projects will be automatically deleted 3 months after your subscription has expired.

10.7 Deletion of Your Account
At any time you may request, by contacting support@360feedbackmanager.com or via our helpdesk that your account (your name, email address and any other details you supplied when signing up) be deleted. Once deleted your account cannot be recovered, and if you wish to re-subscribe, you will need to create a new account.
Your account will be automatically deleted 24 months after your subscription has expired.

10.8 Survival of Terms
Sections 1, 2, 3, 6, 7, 8, 9 and 11 will survive the termination of these Terms.

11.1. No Warranty Implied
LMSG does not warrant that the Service will meet the Customer’s requirements nor that the Services provided through the Website will be error-free or uninterrupted, for example by routine maintenance, software upgrades, hacking or Distributed Denial of Service (DDOS) attacks.

11.2. As is Basis
The Services are provided on an as is basis. All conditions, representations, warranties, undertakings or terms whether express or implied, statutory or otherwise, including in particular any implied warranty of satisfactory quality or fitness for any particular purpose or use are excluded from the Terms and Conditions to the fullest extent permitted by law.

11.3. No guarantees of profits
By subscribing, you confirm that neither LMSG nor any of its representatives has made any claims or representations of guaranteed or anticipated profits that may result from the use of the Platform and LMSG expressly disclaims liability for any profit projections which may have been provided to you.

12.1. Disclaimers
We do our best to provide an outstanding service to customers, and we work very hard to implement and test our service so that our solutions are of a high quality. However, we know errors can be made, and anyone who uses our Service or information provided by this Website or the 360FM Platform team should do so bearing this in mind. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND LMS GLOBAL UK LTD. DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.

12.2. Exclusion of certain liability
TO THE EXTENT PERMITTED BY LAW, LMS GLOBAL UK LTD. WILL NOT BE LIABLE FOR DAMAGES CAUSED BY THE SERVICES OR WEBSITE, UNLESS DUE SOLELY TO OUR INTENTIONAL WRONGDOING. IN NO EVENT SHALL WE BE LIABLE FOR LOST PROFITS, LOST DATA, INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE OR THE SERVICES, REGARDLESS OF WHETHER WE HAVE NOTICE OF THE POTENTIAL FOR SUCH LOSS OR DAMAGE.

12.3. Exclusion of Liability For Bespoke Platform or Managed By Us Service Users Only
If you are Bespoke Platform or Managed By Us service user and have supplied your own algorithms, questionnaires and/or bespoke reports for incorporation into Platform and use in your Projects, LMSG cannot be held responsible for any errors due to inaccuracies or incompleteness in those algorithms, questionnaires or reports, once you have Enabled your Project and allowed your clients users to access the 360FM platform. By allowing access to the platform to your client's users, you will be confirming that you have checked the Projects parameters, email communications, questionnaires, competencies, algorithms and reports, and all the choices they comprise of, and in addition that you have completed a Test Project.

Full responsibility means that you confirm that you have adequate insurance to cover any errors, and that all potential claims by any of your clients or their users will be responded to by you. Any communications that LMSG has to undertake with you or your client with regard to such a claim will be chargeable to you at LMSGs standard rate.
LMSG will pass on any claims to you, and you will hereby indemnify LMSG for any expenses and costs incurred as a result of responding to the claim.

LMSG will not provide support to you or your clients about any issue arising from errors due to inaccuracies or incompleteness in the algorithms or reports or questionnaires provided by you, once you have allowed your client to access the 360FM platform.

12.4. Loss of Revenue
LMSG shall not be liable to the Customer for any loss of profits or goodwill or any other type of special, indirect or consequential loss of revenue of any nature whatsoever (including loss or damages suffered as a result of an action brought by a third party) whether arising from negligence, breach of contract or otherwise, even if such loss was reasonably foreseeable or LMSG had been advised of the possibility of the Customer incurring the same, and such liability is hereby excluded to the fullest extent permitted by law.

12.5. Death or Injury
Save in respect of liability for death or personal injury arising as a result of LMSG’s negligence, the total aggregate of LMSG’ liability howsoever arising under or in connection with the Services, whether in respect of a single occurrence or a series of occurrences, shall not exceed in any year the sum of the fees paid by the Customer from the 12 month period preceding the date when the claim arose.

12.6. Limitation of liability
TO THE EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF EACH OF LMS GLOBAL UK LTD., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS FOR ANY CLAIM OR DAMAGE ARISING OUT OF OR RELATED TO THE SERVICES OR WEBSITE IS LIMITED TO YOUR DIRECT DAMAGES AND SHALL NOT EXCEED THE FEES YOU HAVE PAID US IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

12.7. Indemnity
To the extent permitted by law, you indemnify LMS Global UK Ltd., and — if applicable — its subsidiaries, affiliates, officers, directors, employees, agents and suppliers against any and all claims, costs, damage and loss arising from your use of the Service. This indemnification includes your responsibility for any and all liability arising from the violation or infringement of copyrights, trademarks or other proprietary rights and from the use of any libellous or unlawful material contained within your Data.

12.8. Third-Party Indemnity
The Customer hereby undertakes and agrees to indemnify LMSG and keep it fully indemnified from and against any costs, losses, damages, expenses and/or liabilities (including without limitation any legal fees and expenses) which may be suffered or incurred by LMSG arising out of or in connection with (i) any claims, proceedings, demands or actions by third parties arising out of or in connection with LMSG’s supply of and/or the Customer’s use of the Service (including without limitation claims under the General Data Protection Regulations 2018 (GDPR) and/or any breach of the Customer’s undertakings or obligations set out in the Agreement, and/or (ii) any breach by the Customer of its obligations under the Agreement, and/or (iii) the Customer’s negligence or wilful misconduct.

12.9. Limitations and Exclusions
The Customer agrees that all the limitations and exclusions of liability in favour of LMSG in the Agreement are reasonable in the circumstances under which the Service is to be performed.

12.10. Complaints Procedure (except data breaches)
Complaints (apart those concerning data breaches) about a Project must be made in writing to us, within three weeks of the Project Open To Raters End Date. Complaints must be made by email to complaints@360feedbackmanager.com so that we can respond quickly and carry out our escalation procedure.

13.1. Confidential Information
The parties recognise that they may receive each other’s trade secrets and/or confidential or proprietary information. All information belonging to or relating to a party including without limitation, information concerning clients, customers, supplies, services, intellectual property and/or user data received by the other party as a result of entering into an Agreement which is designated as confidential by the disclosing party or is otherwise clearly confidential in nature constitutes “confidential information”.

13.2. No Disclosure
Each party agrees not to use confidential information for any purpose other than the purpose for which it is supplied under the Agreement and agrees not to divulge confidential information received from the other party to any of its employees who do not need to know it, and to prevent its disclosure to or access by any third party without the prior written consent of the disclosing party except to its professional advisers or as may be required by law or any legal or regulatory authority.

13.3. Reasonable Degree of Care
Each party will use a reasonable degree of care which in any event will not be less than the same degree of care which the receiving party uses to protect its own confidential information to keep and ensure its employees and agents keep any and all such information confidential. This obligation will survive the termination of the Agreement, in respect of a particular item of confidential information, until such earlier time as that item of confidential information reaches the public domain other than through the receiving party’s own default.

13.4. Data Analysis
As part of the Self Managed Platform service, LMSG may analyse the data that a Customer inputs into the software to compare against the data of other Customers. The purpose of this being to suggest recommendations to Customers that could potentially be financially beneficial. Only after receiving approval from a Customer shall their contact details be passed on to a third party who can assist with the recommendation. Such data will not be compared for customers using the Bespoke Platform service unless otherwise agreed.

14.1. Ticketing Support System

Any issues you have regarding a Project you are running should be raised via a Support ticket. LMS Global manages support services through a next working day ticketing system to ensure issues and concerns are managed in a professional and timely manner. You can log in to see your support ticket and responses are emailed to you via the system. For an additional cost we can provide same-day email or phone support.

14.2. Exclusion - applies to Bespoke Platform and Managed By Us Service only
LMSG will not provide support to you or your clients about any issue arising from errors due to inaccuracies or incompleteness in the algorithms or reports or questionnaires provided by you, once you have allowed your client to access the 360FM platform.

14.3. Timeliness

Support tickets should be raised within 3 days of a query or problem occurring.

15.1. Force Majeure
If either party to this Agreement is prevented or delayed in the performance of any of their respective obligations under this Agreement by “force majeure”, then such party shall be excused the performance for so long as such cause of prevention or delay shall continue.

15.2. Definition
For the purpose of this Agreement, “force majeure” shall be deemed to be any cause affecting the performance of this Agreement arising from or attributable to acts, events, omissions or accidents beyond the reasonable control of such party and includes, but is not limited to, the following:

  • 15.2.1.Strikes, lockouts or other industrial action;
  • 15.2.2.Civil commotion, riot, invasion, war threat or preparation for war;
  • 15.2.3.Fire, explosion, storm, flood, earthquake, subsidence, epidemic, severe weather or other natural physical disaster;
  • 15.2.4.Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 15.2.5.Political interference with normal operations.

You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website or these Terms.

17.1. Contracting entity
You are contracting with LMS Global UK Ltd. LMS Global UK Ltd is a limited company registered in England and Wales with the company registration number 04690347. The 360FM Platform is a product of LMS Global UK Ltd.

17.2. Governing law
These Terms shall be governed by and construed in accordance with the law of England and Wales.

17.3. Jurisdiction
Unless any alternative dispute resolution procedure is agreed between the parties, each party agrees to submit to the exclusive jurisdiction of the Courts of England and Wales in respect of any dispute which arises out of or under this Terms.

18.1. Changes to Terms
LMSG may change the Terms of Use from time to time at its absolute discretion without prior notice to the Customer. The Customer agrees that such changes will be binding on it. Any changes will be made to this document and will amend and form part of our Terms of Use. You are responsible for reviewing the Terms and Conditions on a regular basis to obtain timely notice of any such changes.
If the change is considered material, at Our discretion, We will notify you by email or when you next login to your account.
LMSG will usually notify its Customers if changes have been made but is not required to do so under these Terms of Use.
Changes to the Terms will become effective when published on the Website. By continuing to use the Service after the Terms have been become effective, you agree to be bound to the updated terms.

18.2. Changes to Services
LMS Global frequently updates and improves the Services — often multiple times per week or month — and may do so without providing notification. We may also choose to stop providing a Service or a part of it, or to remove content from the Service, at any time.
We will attempt to notify you before any changes that will materially impact you, if practical under the circumstances. You can choose to terminate your use of the Service if unhappy with any change.

19.1. Entire agreement
These Terms, together with the Privacy Policy and Security Statement, constitute the entire agreement and understanding between You and LMS Global, and supersede all prior agreements. Any other terms, conditions, or policies from any other agreements, such as purchase orders, written communications, or oral communications, are null and void, the exception being where we have a signed individual Business Agreement with you, in which case any terms that differ therein supersede these Terms of Use.

19.2. No waiver
If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.

19.3. No assignment
You may not assign or transfer any rights to any other person without LMS Global's prior written consent.

19.4. Severability
If any provision of these Terms is determined to be invalid, unenforceable or in conflict with the law, that provision will be replaced with a provision which, as far as possible, accomplishes the original purpose of that provision, or else severed if this is not possible. The remainder of these Terms will remain in full effect.

19.5. Third party beneficiaries
These Terms create no rights for third party beneficiaries.

19.6. Notices
Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to LMS Global must be sent to support@360feedbackmanager.com or to any other email address notified by email to You by LMS Global. Notices to You will be sent to the email address associated with your 360FM Platform account.

19.7. Promotion
LMSG reserves the right to use your name and/or company logo on the 360feedbackmanager.com website, blog or newsletter as part of a list of previous and current clients.

19.8. Implementation Period - Bespoke Platform Only
We will quote you for the length of time it will take to bespoke our platform for your use once we have understood your requirements thoroughly. This typically takes 14 days from the date we have both signed off the requirements.

19.9. Notice of Use - Bespoke Platform Only
With regard to our Bespoke Platform only, once we have bespoked our platform for your use and you have completed a project (i.e. 3 weeks after the Project End Date), we require 7 days notice before you intend to start a new project. This is because we are always improving and developing our core platform, and we need to check whether the developments have had any impacts on your bespoked dashboard and functionality. If there are any impacts, these will be rectified within 7 days at no cost to you.

360 Feedback Manager is a product of LMS Global UK Ltd. Company Registration No 04690347 Address: Kemp House,152 City Road, London EC1V 2NX