Updated 23 July 2018

Terms of use

Our terms of use explain our obligations as a service provider and Your obligations as a user.

"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" 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.
"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.

Please read our 360FM Platform - GDPR - Privacy Policy document for how we treat your data.

3.1. LMS Global IP
If you have not requested LMS Global to create a bespoke report for you, LMS Global retains ownership and all Intellectual Property Rights in the Service, Website and all associated content except any Feedback provided by Subjects or their Raters. You may only use 360 Feedback Manager trademarks and brand materials with separate written consent.

4.1. 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 360FM Platform - GDPR - Privacy Policy document.

4.2. 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.

4.3. 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.

4.4. Acceptable use
You agree that:

  1. 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
  2. You may not circumvent or attempt to circumvent any limitations imposed on your account
  3. You may not send abusive communications through our Service or in correspondence with the 360FM Platform team
  4. You may not use 360FM Platform to send spam
  5. You may not attempt to test or breach the security of the Service without written permission from 360FM Platform.
  6. You may not attempt to reverse engineer any part of the Service
  7. You may not knowingly use 360FM Platform excessively such that it affects the quality of service provided for other users
  8. You may not use 360FM Platform to provide research for or benefit a competitive product or service
  9. You may not use 360FM Platform for any unlawful activity.

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

5.2. 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.

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

6.1. 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.

6.2. Subscriptions
If you purchase a Subscription for a service, the Subscription will automatically renew at the end of the Subscription Period. We will attempt to notify you ahead of the renewal date to avoid surprises. 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.

6.3. 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.

6.4. Price Changes
LMS Global may change the pricing for its services at any time. Any pricing change will only affect a Subscription at the time of renewal. We will notify you in advance of any price changes, providing reasonable opportunity to cancel your Subscription.

6.5. 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.

7.1. 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.

7.2. We may terminate your access
LMS Global may terminate your access for any reason by giving 90 days notice and a pro rata refund for any unused access to the Service that has been paid for.

LMS Global may suspend or terminate your access immediately if:

  1. You breach these Terms and do not remedy the breach within 14 days of receiving written notification;
  2. You breach these Terms and the breach cannot be remedied;
  3. You do not make payment for an invoice within 30 days of the due date;
  4. You cease your business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days.
We will make commercially reasonable efforts to contact you and remedy the situation in advance of suspending or terminating your account.

7.3. Refunds if applicable within terms of contract
You will not be entitled to a refund unless we are in breach of these Terms and have failed to remedy it for 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.

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

7.5. 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.

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

8.1. 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.

8.2 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.

8.3. 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.

8.4. 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.

8.5. Business use
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.

9.1. 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.

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

9.3 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.

10.1. Changes to Terms
LMS Global may update these Terms at any time and will publish any changes to the legal page on the Website. If the change is considered material, at Our discretion, We will notify you by email or when you next login to your account.

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.

10.2. 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.

11.1. Entire agreement These Terms, together with the 360FM Platform - GDPR - Privacy Policy, the 360FM Platform - Security Statement and the 360FM Platform - Sub-processors documents, 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.

11.2. 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.

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

11.4. 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.

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

11.6. 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.

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