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Terms & Conditions

Use of this website and the 360Now service are subject to the following terms and conditions.

In these Terms of Service the following terms have the following meanings:

The "Client" means any client organisation of the Company.

The "Company" means Two Way Vision Limited, the company which owns and runs 360Now.

The "System" or the "Service" means the 360Now appraisal system run by the Company.

"User" means a member or representative of a Client who the Client has authorised to use the System.

  1. The Client will pay any agreed fees for the Service within 30 days of invoice. If the Client is given a free trial any Users beyond the number agreed as free will be paid for at the Company's standard rate, unless otherwise agreed. All fees quoted are net of VAT which will be added to them.
  2. Any intellectual property rights in the Service and related information and documentation (including questions and Appraisal formats) are owned by the Company and save for a license to use them whilst using the Service the Clients shall not obtains rights to them.
  3. The Company collects, stores and process (a) details of participant companies and their sector and size, (b) names, e mail addresses, organisations and level within Appraisals of Users and answers to Appraisals (together, the "Collected Information"). The Company will not disclose the Collected Information to anyone apart from the Client and its permitted Users. The Company does not disclose to any person details of who has given what responses to questions. It is the Client's responsibility to ensure that Users are under a duty of confidentiality to the Client and only use the Service in a proper way.
  4. Neither Party shall disclose the Confidential Information of the other. "Confidential Information" means the confidential or proprietary information of the relevant Party, including but not limited to technical data or know-how, details of products, questions, services, clients, markets, software, processes, marketing or finances. This confidentiality obligation shall not apply to information which (a) was or becomes publicly known through no fault of the relevant party; or (b) the relevant party is legally compelled to disclose.
  5. COLLECTED INFORMATION MAY BE USED BY THE COMPANY FOR THE PURPOSES OF RETENTION AND USE IN BENCHMARK COMPARISONS OR INDUSTRY COMPARISONS PROVIDED THAT DETAILS OF WHICH USERS OR WHICH CLIENTS HAVE PROVIDED WHAT INFORMATION IS NOT VISIBLE, APPARENT OR DISCERNIBLE FROM SUCH USE. ANY CLIENT MAY OPT OUT OF THIS BY NOTIFYING THE COMPANY IN WRITING AT THE TIME APPRAISALS ARE CARRIED OUT IF IT SO WISHES.
  6. Subject to Clause 7 to 10 the Company warrants that (i) the Service will, subject to reasonable downtime, operate substantially in conformance to the specifications; and (ii) it has the right, power and authority to grant the licences granted hereby.
  7. The Client acknowledges that the Service is not time critical and the restrictions contained in this Clause are reasonable. As the Service is not time critical, the Client shall give the Company reasonable notice of any problems with the Service and afford it reasonable opportunity to correct any such problems. This Clause sets out the Company's entire liability to the Client from any acts or omissions by it save that nothing in this Agreement shall limit the Company's liability for death or personal injury.
  8. The Client's sole remedy in respect of any breach of the warranties set out in Clause 6 shall be to repair or replace those parts of the Service which are not in conformance with the warranties free of charge or to make a proportionate refund to the Client of any fees paid in advance.
  9. The Company shall have no liability to remedy a breach of warranty where such breach arises as a result of:
    • (a) The improper use, operation or neglect of any of the Service or its use otherwise that in accordance with supplied documentation or instructions given to users by email;
    • (b) Problems caused by software or equipment of the Client or the permitted Users;
    • (c) Any attempted, adjustment, alteration or modification of the Service by any person other than the Company without the Company's prior written consent;
    • (d) The use of the Service for a purpose for which it was not designed.
  10. Save in the case of death or personal injury, the Company's entire liability for any losses in relation to the provision of the Service shall be limited to the aggregate of the fees paid by the Client to the Company in the 12 months prior to any claim. Save as above the Company shall not be liable for any loss or damage for any loss of profits or goodwill or special, indirect or consequential loss and the Company.
  11. This Agreement may be terminated by either Party if:
    • (a) The other Party materially breaches any of the provisions of this Agreement;
    • (b) In the reasonable opinion of the Company any part of the Service is or may be likely to become, the subject of a claim of infringement of any intellectual property rights.
  12. Any termination of this Agreement shall not affect any accrued rights or liabilities of either Party. Upon the termination of this Agreement all licenses granted in this Agreement shall terminate and the Client shall immediately discontinue use of the Service.
  13. This Agreement and use of the System shall be governed by and construed in accordance with the Laws of England and subject to the exclusive jurisdiction of the English courts.