Terms of Use

1. About these terms

These Terms of Use apply to your use of 360now, including www.360now.com.au, coach.360now.com.au, survey.360now.com.au, the Self360 self-assessment, the 360 feedback platform, the Psychosocial Check and related services (the Service). The Service is operated by A Bradford & L.N Doherty trading as 360now (ABN 72 579 210 780), Unanderra, NSW (we, us, our).

By creating an account or using the Service, you agree to these terms. If you use the Service on behalf of an organisation, you confirm you have authority to bind that organisation. If you use the Psychosocial Check, Schedule A also applies and prevails over the rest of these terms where they differ.

2. Accounts

You must be 18 or over to create an account. You are responsible for keeping your login details secure and for all activity under your account. Please give us accurate information and keep it up to date.

Tell us promptly at info@360now.com.au if you think your account has been accessed without permission.

3. Self360

Self360 is a free self-assessment. It provides general insights based only on your own ratings and is not a substitute for multi-rater feedback or professional advice. Self360 does not require an account. Your report is sent to the email address you provide. We may change or withdraw Self360 at any time.

4. 360 reviews, credits and payment

Full 360 reviews are purchased as credits. Prices are shown on our website in Australian dollars and include GST where applicable. Payment is due at the time of purchase.

Credits do not expire while the Service is operating. A credit can be used for one 360now Leadership Assessment as offered at the time you use it. The survey, competencies and report for this assessment may change over time, and unused credits will apply to the updated version. Credits do not apply to other assessments or products we may introduce, unless we tell you otherwise. Credits are not transferable outside your account and have no cash value, except where required by law.

Unused credits are not refundable, except where required by law. Nothing in these terms limits your rights under the Australian Consumer Law.

If we decide to permanently close the Service, we will aim to give account holders at least 60 days' notice by email so you can use any remaining credits, and to provide the remainder of any AI Coach access period or a partial refund for the unused portion. If we are unable to give this notice, for example due to insolvency or circumstances outside our control, we will notify you as soon as practicable and your rights will be dealt with as required by law. Unused credits will expire at closure, except where a refund is required by law.

5. Raters and anonymity

When you invite raters, you confirm you have a reasonable basis to contact them and that they are invited for a genuine feedback purpose.

We present rater feedback in aggregated form and apply minimum rater numbers to protect anonymity. We cannot guarantee that a rater will never be identifiable, for example from the content of their written comments. Account holders must not attempt to identify individual raters.

6. AI features

The Service uses artificial intelligence to generate reports, development suggestions and AI Coach responses. AI output can contain errors and is provided for general development purposes only. It is not HR, legal, medical, psychological or employment advice.

Do not use 360now results as the sole basis for employment decisions such as hiring, discipline, pay or termination.

Report access. Your completed reports remain available in your account for as long as your account is open.

AI Coach access. Unless the assessment is delivered through a coach (see section 7), each completed 360 review includes 6 months of access to the AI Coach and monthly roadmap emails, starting from the date the report is generated. After this period, you can still view your past coaching conversations, but you will need to complete a new 360 review (or purchase an extension, if offered) to continue using the AI Coach.

Fair use. The AI Coach is there to support your leadership development and is not a general-purpose chatbot. If an account sends more than 500 messages in a month, we may review how it is being used and restrict access if it is not being used for development purposes. We may adjust this threshold from time to time.

7. Coaches and white-label partners

If you use the Service to deliver assessments to your own clients, including under your own branding (white-label), these additional terms apply:

• You are responsible for your relationship with your clients and their raters, including inviting them, obtaining any consents needed and how you use their results.
• You must have your own privacy policy covering how you collect and handle your clients' information, consistent with the Privacy Act 1988 (Cth).
• You must not remove or hide the 360now privacy notice link shown on white-label surveys.
• You must use the Service for genuine development purposes and in line with these terms.
• We will not use your clients' or raters' details for our own marketing.
• Pricing, white-label features and any partner discounts are as shown on coach.360now.com.au or as agreed with us in writing.

Coach credits. Credits purchased by coaches follow the same rules as set out in section 4.

Client reports. Coaches can see the full reports of the clients they invite.

Client AI Coach access. Clients receive AI Coach access for the period set by their coach, which may be shorter than 6 months. Coaching conversations are private to the client and are not visible to the coach.

If a coach leaves. If a coach closes their account or stops using the Service, we will give the coach at least 30 days' notice before their clients' accounts, reports and coaching conversations are deleted. The coach is responsible for letting their clients know, and clients can download their reports during this time. De-identified, aggregated data may be retained.

You agree to indemnify us against claims arising from your failure to meet these obligations, including any failure to obtain consent from the people you invite.

8. Acceptable use

You must not:

• use the Service for any unlawful, harassing or discriminatory purpose
• submit false, abusive or defamatory feedback
• attempt to access other users' data or interfere with the Service
• copy, resell or reverse engineer the Service without our written permission

9. Intellectual property

We own the Service, including the 360now competency framework, survey content, report design and software. You may use your reports for your own development and, for organisations, for the development of the people you review.

You retain ownership of the information you and your raters submit. You grant us a licence to use it to provide and improve the Service, including in de-identified, aggregated form.

10. Privacy and data

We handle personal information in line with our Privacy Statement and the Privacy Act 1988 (Cth). Survey responses and reports are stored securely and accessed only as needed to run the Service.

11. Inactive accounts and account closure

If you have not logged in for 24 months, hold no unused credits or unopened Psychosocial Check surveys, and have no AI Coach access remaining, we may close your account. If we permanently close the Service, all accounts will be closed as set out in section 4.

We will email you at least 30 days before closing an account for inactivity. Logging in during that time keeps your account open.

You can close your account at any time by contacting info@360now.com.au. Download any reports you want to keep before closing.

After closure, we delete or de-identify your personal information, reports and coaching conversations within 90 days, unless we are required by law to keep it. De-identified, aggregated data may be retained for research and product improvement. Copies of your data may remain in secure backups until they are overwritten in our normal backup cycle. Backups are not used to restore closed accounts and are kept only for disaster recovery.

12. Suspension and termination

We may suspend or close your account if you breach these terms, fail to pay, or use the Service in a way that could harm others or us, for example by trying to identify who gave an answer. Where reasonable, we will give you notice and a chance to fix the issue first.

13. Service availability and changes

We aim to keep the Service available but do not guarantee it will be uninterrupted or error-free. We may update features from time to time.

14. Liability

To the extent permitted by law, the Service is provided as is. We are not liable for indirect or consequential loss, or for decisions you make, or actions you take or don't take, based on reports, survey results or AI output.

Where our liability cannot be excluded but can be limited, it is limited to resupplying the Service or refunding the amount you paid for it in the previous 12 months.

15. Changes to these terms

We may update these terms. We will post the updated version on our website and, for material changes, notify account holders by email. Continued use after the change means you accept the updated terms. The terms in place when you make a purchase apply to that purchase.

16. Governing law

These terms are governed by the laws of New South Wales, Australia. You and we submit to the courts of New South Wales.

17. Contact

Questions about these terms: info@360now.com.au

A1. About the Psychosocial Check

The Psychosocial Check is an online survey that a business (the Customer) runs with its workers to collect information about psychosocial hazards at work. It is a data collection tool that can be used as part of the "identify" step of managing psychosocial risks under the SafeWork NSW Code of Practice: Managing psychosocial hazards at work. It does not complete the identify step on its own, and it is not a risk assessment.

After the survey closes, the Customer receives an aggregated report of what workers said, with a suggested next steps checklist.

This Schedule applies to the Psychosocial Check and prevails over the rest of these terms where they differ. Sections 3 (Self360), 5 (Raters and anonymity), 6 (AI features) and 7 (Coaches and white-label partners) do not apply to the Psychosocial Check. No artificial intelligence is used in the Psychosocial Check survey, analysis or report.

A2. Information only, no advice

• The Psychosocial Check and its report are information only. They are not WHS, legal, psychological, HR or other professional advice, and the report does not tell the Customer what to do.
• The involvement of specialist reviewers in reviewing the survey questions does not make the survey or report professional advice.
• The Customer remains responsible for its WHS obligations, including consulting workers and health and safety representatives, assessing risks, and implementing and reviewing controls. Using the Psychosocial Check does not by itself meet those obligations or guarantee compliance.
• The Psychosocial Check is not a reporting or complaints channel, and not an emergency or support service. We do not receive, review or act on individual reports.

A3. Customer obligations

The Customer must:

• not attempt to identify, or pressure anyone to reveal, which worker gave which answers
• not set up groups or demographic fields designed or likely to single out individual workers
• make participation voluntary, and not require, reward or penalise participation
• not use results to take action against individual workers
• share the survey link only with its own workers and keep it reasonably secure (we can replace the link if it is leaked)
• give workers accurate information about the survey and not misrepresent how anonymity works
• provide workers with genuine reporting channels and support information

A4. How the survey works and its limits

• Results are available only after the survey closes. While a survey is open, the Customer sees response counts per group only.
• Groups, demographic fields and minimum group sizes are locked once a survey opens, and a closed survey cannot be reopened. Surveys for up to 20 workers do not use groups or demographic fields.
• Results are aggregated and minimum group sizes apply. Small groups are combined or hidden by design. Answers to demographic questions are counted separately and are never stored with a worker's answers, so they are shown only as an overall picture of who answered, never as results. The Customer cannot access raw individual responses or ask for minimum group sizes to be lowered. We may adjust minimum group sizes for future surveys, but not for a survey that is already open. We take reasonable steps to protect worker anonymity, but cannot guarantee that no worker will ever be identifiable. People who know the workplace may still be able to infer who gave certain answers from the results, particularly, but not only, where a group or demographic option includes few people.
• A shared link cannot fully prevent duplicate submissions or submissions from people who are not workers. Results depend on response rates and may not represent all workers.

Response rates and reporting. The quality of the report depends on how many workers respond. To protect anonymity, results are only shown where enough people have answered. If too few respond, some or all results may be combined, limited or not shown. The Customer is responsible for sharing the survey link and encouraging participation. Fees are for access to the survey and reporting, and are not refunded because of low response rates. We will not lower minimum group sizes for a survey once it has opened, or release results that could reasonably identify individuals.

A5. Retention and deletion

• Raw worker responses are kept until the Customer's next survey closes, or 24 months after the survey closes, whichever comes first, and then deleted. This allows year-on-year comparison.
• The closure record (survey dates, question set version and response counts per group) and a copy of the aggregated report are kept for the Customer's records while their account is open.
• If the Customer asks us to delete a survey, or closes their account, raw worker responses are deleted promptly. Section 11 otherwise applies to the Customer's account.

Before raw responses are deleted, they may be combined into anonymous, aggregated data that cannot identify a Customer or a worker. We keep this aggregated data, including after a survey or account is deleted, and use it as set out in A7.

A6. Founding version

• The founding version of the Psychosocial Check is offered to a limited number of founding customers at a discount, in return for feedback. The discount, number of places and closing date are shown on our website.
• The founding version includes one extra optional question asking workers whether any question was hard to understand. Answers are combined across all founding customers to improve the survey and are not shown in Customer reports.
• Validation of the survey is ongoing. Questions, the report and minimum group sizes may change, including between the founding version and later versions, so a later survey may not compare question for question with an earlier one. Each report shows which version of the questions it used.

A7. Use of aggregated, de-identified data

We may use anonymous, aggregated response data (including answers to the founding feedback question) combined across Customers to test, validate and improve the Psychosocial Check, and in future to provide benchmarks. We will never publish or disclose results that identify a Customer or a worker.

A8. Intellectual property

The survey questions, report design and software are 360now's own work. The Customer may use its report for its own WHS purposes, including sharing it with workers, health and safety representatives and advisers. Where we quote the SafeWork NSW Code of Practice, it is used under the Creative Commons Attribution 4.0 licence and attributed to the NSW Department of Customer Service.

A9. Pricing, discounts and refunds

Each purchase is one survey run, priced by the Customer's organisation headcount as shown on our website. Prices are in Australian dollars, include GST and are paid by card at checkout. The Customer must give an accurate headcount when purchasing, and the headcount set up in the survey can't be more than the size bought.

Only one discount applies to a purchase, whichever is best for the Customer:

• Founding rate: for our first Customers, while places last and until the advertised closing date, in return for honest feedback on the survey and report. Giving a testimonial or helping with a case study is optional.
• Charity rate: for organisations on the ACNC register, checked by ABN.
• Re-run rate: one re-run per purchase, of the same size or smaller, bought within 12 months of the original.
• Promo code: a code we have given the Customer, on the terms shown with it.

A survey that has been bought doesn't expire. If we stop offering the Psychosocial Check, we will give reasonable notice and either let the Customer finish a survey it has paid for or refund the price of one it hasn't opened.

Purchases are non-refundable once a survey has opened, except where required by law. If you'd like a refund for a survey you haven't opened, contact us at info@360now.com.au.

A10. Consultant partners

If a WHS or HR consultant runs the Psychosocial Check for a client, the consultant must comply with this Schedule as if it were the Customer, and is responsible for making sure its client does too.