Terms and Conditions

These are the Terms of Use which apply to your use of the FM Performance Management 360 system (FMP360) at www.fmp360.com (the "System") and its services (the “Services”).

By using the System or the Service you agree to be bound by these Terms of Use. If, for any reason, you do not agree to these Terms of Use, you have no right to use the Site or the Service.

The Terms of Use may change from time to time. You will be notified of any change and your continued use of the Service or the System following any such change shall indicate your acceptance of the new Terms and your agreement to be bound by the same. These Terms of Use constitute an agreement between you and FMP360 relating to the use of the System or the Services and support any prior terms, agreements or communications, save that nothing shall be so construed as to limit or exclude liability for fraudulent misrepresentation.

Permitted Uses
The usage permitted under these Terms is assigned to the client organisation and its staff and contractors using the system, but is personal to you. No other delegation, resale, transfer or assignment is permitted.

You will hold any passwords, user ID’s or other account signifier(s) in strict confidence and shall not disclose the same to any third party. If you become aware of any actual or likely misuse of your said access details, you will notify FMP360 as a matter of urgency. FMP360 reserves the right to withdraw your usage rights at any time.

In using the System and/or the Services, you will not restrict, inhibit or limit any other authorised user's usage of the Site or the Services. You will not do any act, including posting or transmitting anything, which is or may be unlawful, fraudulent, libellous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, derogatory or otherwise objectionable or which might give rise to civil liability or which may damage the goodwill and reputation of IFM.

You agree not to use the System or the Service for any commercial schemes of any kind or send or be involved in the sending of any unsolicited commercial communications or be engaged in spamming, spoofing or flooding or the sending of anything containing any virus, trojan horse, worm, data bomb, logic bomb or similar component.

Rights in Content
Unless otherwise indicated, all intellectual property rights ( including but not limited to all copyrights, trade marks, patents, database rights, domain names, designs, rights in data, confidential information and know-how rights (registered or unregistered)) in any and all content and structure of the System and/or the Service (together "Content") is the property of FMP360.

FMP360 may monitor your usage of the System or the Service from time to time, to update your progress on the surveys. You agree that FMP360 may disclose any information regarding your usage as may be required to satisfy any legal, regulatory or governmental requirement or request. With the exception of any confidential information, you also agree that FMP360 may use or disclose information regarding your usage to operate or improve the System or the Service or to protect FMP360, its group companies or other users.

You agree to defend, indemnify and hold FMP360 and its affiliates, directors and shareholders harmless from any and all claims, actions, proceedings, losses, damages, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Service and/or the System or the placement or transmission of any message, information, software or other materials through the Ssyste, or the Service by you or any users of your account or any violation of these Terms by you or any users of your account.

Liability
The Service and the System are provided on a 'as is' and 'as available' basis. FMP360 provides no warranty, express or implied, in respect of the System and/or the Service including those as to the availability, the quality or fitness for purpose of the System and/or the Service, or the completeness, accuracy or currency of any information or data provided in connection with the Service or System.

FMP360 shall have no liability to you (whether under contract, tort or otherwise) for any indirect or consequential loss or damage suffered or incurred by you or for any loss of production, loss of or corruption to data, loss of profits or of contracts, loss of operation time, loss of goodwill or anticipated savings arising out of your use of the System or the Service.

To the maximum extent permitted by applicable law FMP360 excludes all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising in connection with the System and the Service, including without limitation any liability in respect of any inaccuracy, defect, error, omission, interruption, deletion, defect, delay in operation or transmission, virus, theft or destruction or unauthorised access.

Nothing in these Terms of Use shall operate as an exclusion or limit in respect of liability for death or personal injury caused by FMP360's negligence or pre-contractual fraudulent misrepresentation. In respect of all other liability which is not excluded by these Terms or which is incapable of being excluded, FMP360 liability to you shall not exceed the annual licence fees paid by you or on your behalf in respect of your usage of the System and the Service in the year in which the relevant claim arose.

FMP360 shall not be liable for any failure in performance caused by events beyond its reasonable control.

Data
In the course of the provision of the Service and the System, it will be necessary for us to hold a record of information about you; details such as your name, email address, office or home address, username and password. By accepting these Terms of Use, you agree that we may hold these details and use and process them in connection with your usage of the Site and/or the Service in accordance with our Privacy Policy.

General
The FMP360 System and Service is a business to business service and is not aimed at or intended for the use of consumers.

These Terms of Use shall be construed in accordance with the laws of England and Wales and any dispute shall be subject to the exclusive jurisdiction of the Courts of England.

FMP360's failure to enforce any of the provisions of the Terms shall not constitute a waiver of those rights.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall be remain in full force and effect.