Terms and Conditions of Supply of Services
These Terms will apply to any contract between us for the sale or provision of the Services to you (“Contract”). Please read these Terms carefully and make sure that you understand them, before ordering any Services from our site
Please click on the button marked “I Accept” if you accept them when ordering the Services before you proceed to payment options. If you refuse to accept these Terms, you will not be able to order any Services from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Services, please check these Terms to ensure you understand the terms which will apply at that time.
INFORMATION ABOUT US
- We operate the website www.finrobot.com. We are FinRobot Limited, a company registered in England and Wales under company number 8574246 and with our registered office at 59 the Lookout, Peacehaven, BN10 8AA, United Kingdom. Our main trading address is 59 the Lookout, Peacehaven, BN10 8AA, United Kingdom. We are presently not VAT registered.
- To contact us, please see our Contacts page.
- The “Services” include our method and system of converting data, information and other parameters provided by you and inserted into our custom-made financial model system to generate a dynamic financial model (“Model”).
- The Model will be provided to you through a link in an email to a Microsoft® Excel 2007-2013 spreadsheet. You will have 72 hours from the Model being provided to you to download the Model or otherwise save a copy of the Model to your system. After the 72 hour period has expired, we delete the financial data in the Model and only store a structural copy of the Model (“Archived Copy”).
- The Services are protected by copyright, confidentiality, and other intellectual property laws. You are only granted the right to use the Services, and we reserve all rights of ownership in the Services not granted to you in writing here.
You agree not to use the Services or content on our site in a manner that violates any applicable law, regulation or this Contract. For example, unless authorised by FinRobot in writing, you agree you will not:
- (a) Provide access to or give any part of the Services to any third party.
- (b) Modify, disrupt or interfere with the Services, supporting servers, or networks either manually or through the use of scripts, viruses, or worms.
- (c) Reproduce, duplicate, copy, deconstruct, sell, trade or resell the Services.
- (d) Attempt to access any other FinRobot systems that are not part of these Services.
- (e) Excessively overload the FinRobot systems used to provide the Services.
- If you violate any of these Terms, this Contract and your right to use the Services may be terminated by FinRobot in its sole discretion.
- In addition to providing the Services we may from time to time organise short courses on assorted topics related to financial modelling (“Short Courses” or a “Short Course”) available to general public and advertise such short courses on our site. Section 18 below contains additional terms and conditions applicable to Short Courses.
USE OF OUR SITE
- Your use of our site is governed by our Terms of Website Use. Please take the time to read these, as they include important terms which apply to you.
HOW WE USE YOUR PERSONAL INFORMATION
- Once you place an order for the Services, and we have delivered the Model to you, we retain a copy of your order and an Archived Copy. We do not keep a copy of the data, information and other parameters you entered into our system to generate the Model.
- We keep a copy of your email address so that we may contact you by email.
IF YOU ARE A CONSUMER
- As a consumer, you have legal rights in relation to the Services that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
IF YOU ARE A BUSINESS CUSTOMER
- If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase the Services.
HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
- Our order process allows you to check and amend any errors in your data and information before submitting your order to us.
- As the Services are custom-made Services, once you have placed an order, and paid for the order, no refund is available.
OUR RIGHT TO VARY THESE TERMS
We may revise these Terms from time to time in the following circumstances:
- (a)changes in how we accept payment from you; and
- (b)changes in relevant laws and regulatory requirements.
- Every time you order Services from us, the Terms in force at that time will apply to the Contract between you and us.
- We may revise these Terms from time to time in the following circumstances:
YOUR CONSUMER RIGHT OF RETURN AND REFUND
- If you are a consumer, ordinarily you may have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations, 2000. However, this cancellation right does not apply to the Services because the Services are made-to-measure or custom-made Services and by ordering the Services you expressly acknowledge that you do not have rights under the Consumer Protection (Distance Selling) Regulations, 2000, to cancel the Contract.
- If you enroll on any of our Short Courses refunds will be given, minus a £50.00 administration charge, if written notification is received at least 14 days before the start of the course you signed up for. No refunds will be given with less than 14 days written notice. Please refer to Section 18 below for the additional terms and conditions for Short Courses.
PRICE OF SERVICES AND DELIVERY CHARGES
- The prices of the Services will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of the Services are correct at the time when the relevant information was entered onto the system.
- The price of the Services includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Services in full before the change in VAT takes effect.
HOW TO PAY
- You can only pay for Services using a debit card or credit card or PayPal (“Method of Payment”). For each Method of Payment, we utilize the services and technology of a third party (“Payment Provider”).
- For credit cards and debit cards, we accept the following cards: Mastercard, Maestro, Visa and American Express.
- Payment for the Services and all applicable delivery charges is in advance.
- FinRobot and its affiliates and suppliers do not warrant that the Services are secure, free from bugs, viruses, interruption, mistakes and errors (including wrong references and rogue links), theft or destruction, or that your use of the Services will be uninterrupted.
- FinRobot and its affiliates and suppliers do not warrant that the Services work universally for any business or investment case, tax regime or would comply with any particular accounting and/or reporting standard.
- FinRobot and its affiliates and suppliers disclaim any terms, representations, warranties or conditions that your use of the Services will satisfy or ensure compliance with any legal obligations or laws or regulations. you are solely responsible for ensuring that your use of the Services are in accordance with applicable law.
- FinRobot and its affiliates and suppliers do not warrant that the Model will always work with Microsoft ® Excel as Microsoft ® Excel is changed or updated by Microsoft ®. Although Microsoft ® often provides conversion or update tools for users of Microsoft ® Excel, we do not warrant that the Model will continue to work, or work in the same way as it previously did, with later or amended versions of Microsoft ® Excel.
- FinRobot and its affiliates and suppliers do not warrant that a Method of Payment or the services and technology of a Payment Provider are safe, reliable, secure or otherwise free from risk.
LIABILITY IF YOU ARE A BUSINESS
- We only supply the Services for use by your business, and you agree not to use the Services for any other purposes.
Nothing in these Terms limit or exclude our liability for:
- (a)death or personal injury caused by our negligence; and
- (b)fraud or fraudulent misrepresentation.
Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
- (a)any loss of profits, sales, business, or revenue;
- (b)loss or corruption of data, information or software;
- (c) loss of business opportunity;
- (d)loss of anticipated savings or investment;
- (e)loss of goodwill; or
- (f) any indirect or consequential loss or damage, including, but not limited to, any loss or damage allegedly caused by, or due to reliance upon, the Model.
- Subject to clause 13.2 and clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 100% of the price of the Services paid by you.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
- FinRobot does not give professional advice. FinRobot is not in the business of providing legal, financial, accounting, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
- Subject to clause 13.2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract, for the Method of Payment or the services and technology of a Payment Provider.
LIABILITY IF YOU ARE A CONSUMER
- If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.
- You are entitled to use the Services or any financial model produced by the Services for commercial, business or re-sale purposes, on the condition that we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity from such use.
We do not in anyway exclude or limit our liability for:
- (a)death or personal injury caused by our negligence; and
- (b)fraud or fraudulent misrepresentation.
- You agree to indemnify and hold FinRobot harmless from any and all claims, liability and expenses, including reasonable legal costs, arising out of your use of the Services or breach of this Contract.
VERSIONS AND BETA FEATURES
- From time to time, FinRobot may include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback. You understand and agree that your use of the Beta Features is voluntary and FinRobot is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
- We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
- This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise.
- Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- If you are a consumer, please note that these Terms are governed by English law. This means a Contract for the purchase of Services through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.
- If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
ADDITIONAL TERMS AND CONDITIONS FOR SHORT COURSES
- The following terms and conditions apply in addition to Services. In the event that there is any conflict with the terms above, then the terms in this section take precedence with regards to Short Courses.
- By applying to enrol, you agree to the terms and conditions stated here. Please ensure that you have read and understood the terms and conditions before enrolling.
- Once we have received your enrolment details and payment, we will send you an email confirming your place on the course. Please bring a print-out of this email to the first class. If you enrolled or paid shortly before the scheduled start of the course and have not yet received your confirmation email, please phone to confirm that a place is available before travelling, as no guarantee of availability can be given.
- We reserve the right to make changes in syllabuses for any short course without prior notice. Complaints about the accuracy of information in the prospectus and related course documents should be made, in writing, to our registered address.
- The tutors for each course listed on this site are correct but are subject to change as tutor availability cannot be guaranteed. Tutor biographies are illustrative of the calibre of staff and do not form part of a contract.
- We reserve the right to cancel a course (if, for example, there are insufficient numbers). If this occurs, we will refund your course fee in full.
- If a course is full when you submit your enrolment form, we will give you a full refund and keep your details on record in case any enrolled students drop out before the course begins.
- It may be necessary, on occasions, to change the date(s) for a short course at short notice (if, for example, a tutor is ill). If this occurs we will contact you on the contact telephone number you give us on your enrolment form. Rescheduled dates will be announced, as soon as and whenever possible, at a time and date mutually convenient to the students and tutor.
- If you unable to attend a rescheduled short course we will refund your course fee in full.
- Refunds will be given, minus a £50.00 administration charge, if written notification is received at least 14 days before the scheduled date for the course you are enrolled for. No refunds will be given with less than 14 days written notice.
- Students wishing to reschedule for another short course are charged £50.00 for each course transfer. This fee is not payable if the course from which you are transferring is cancelled.
- Any refunds will be made to your credit/debit card.