Terms and Conditions

Website terms of use

Introduction

These terms of use explain how you may use this website (the ‘Site’). References in these terms to the Site includes the following websites:

https://www.fintest.io and all associated web pages.

You should read these terms and conditions carefully before using the Site. By accessing or using this Site you agree to be bound by these terms and conditions and any documents referred to within them. If you do not agree with or accept any of these terms and conditions then you should cease using the Site immediately. If you have any questions about the Site, please contact us at: http://www.fintest.io/contact/.

Definitions and Interpretation

Aptitude Test

Means any numerical reasoning, verbal reasoning, diagrammatic reasoning, situational judgment or any other aptitude test or product available on the Site from time to time;

Content

Means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site;

We, Us or Our

Means Fintest Limited, a company registered in England and Wales under company registration number 07878987 whose registered office is at 1 Lindsey Street, London, EC1A 9HP;

You or Your:

Means the person accessing or using the Site, its Content or any Aptitude Test; and

Virus:

Means without limitation, any malicious code, trojans, worms and viruses, lock, authorisation key or similar device that impairs or could impair the operation of the Site.

Interpretation:

Unless the context otherwise requires, words in the singular shall include plural and those in the plural shall include the singular; and

Any phrase introduced by the words including, includes, in particular or for example, or any similar phrase, shall be construed as illustrative and shall not limit the generality of the related general words.

Restrictions on use

The Site is for Your personal and non commercial use only. As a condition of Your use of the Site, You agree:

  • not to use the Site for any purpose that is unlawful under any applicable law, or prohibited by these Terms.
  • not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its

Content in a way that brings Us or any third party into disrepute or causes Us to be liable to any third party;

  • not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by Us under these Terms or as expressly provided under applicable law;
  • not to use the Site to distribute Viruses;
  • not to represent or suggest that We endorse any other business, product or service unless We have separately agreed to do so in writing; and
  • that You are solely responsible for all costs and expenses that You may incur in relation to Your use of the Site and shall be solely responsible for keeping Your password and other account details confidential.

We reserve the right to prevent or suspend Your access to the Site if You do not comply with any part of these Terms or any applicable law.

Ownership, use and intellectual property rights

This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by Us. We reserve all of Our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.

Nothing in these Terms grants You any rights in the Site other than as necessary to enable You to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.

Accuracy of information and availability of the Site

Whilst We use reasonable efforts to include accurate and up-to-date information on the Site, We do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance You may place on the information on this Site is at Your own risk and We may suspend or terminate operation of the Site at any time at Our sole discretion. Nothing in these Terms shall operate to prejudice any mandatory statutory requirement or Your statutory rights. Content on the Site is provided for Your general information purposes only and to inform You about Us and Our products and news, features, services and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.

Whilst We make commercially reasonable efforts to ensure that the Site is available, We do not represent, warrant or guarantee in any way the Site's continued availability at all times or uninterrupted use by You of the Site.

Hyperlinks and third party sites

The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for Your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.

Warranties and limitation of liability

You agree that Your use of the Site is on an 'as available' basis. As stated above, except as otherwise expressly required by applicable law, We make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.

To the maximum extent permitted by applicable law, We exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which We may otherwise have to You as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.

We will not be liable for any loss or damage We cause which We could not reasonably anticipate when You started using the Site, for example if you lose revenue, salary, profits or reputation as a result of Your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage You may incur in relation to the Site and its Content.

Under no circumstances shall Our aggregate liability to You for any and all claims arising from Your use of the Site (including the downloading or use of any Content) exceed the amounts paid by You to Us in relation to Your use of the Site or its Content

Notwithstanding any other provision of these terms and conditions, We do not exclude or limit Our liability for death or personal injury arising from Our negligence, for fraud or any fraudulent misrepresentation made by Us on the Site or for any other statutory rights which are not capable of being excluded.

General

These Terms are dated 10th September 2013. No changes to these Terms are valid or have any effect unless agreed by Us in writing. We reserve the right to vary these Terms from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these terms from time to time to verify such variations.

Unless otherwise expressly stated in these Terms, all notices from You to Us must be sent by e-mail to Our contact addresses in clause 1.1 and all notices from Us to You will be displayed on our website from to time.

We shall have no liability to You for any breach of these Terms caused by any event or circumstance beyond Our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

If any part of these Terms is or becomes unenforceable (including any provision in which We exclude or limit Our liability to You) the enforceability of any other part of these Terms will not be affected. If We choose not to enforce any right that We have against You at any time, then this does not prevent Us from later deciding to exercise or enforce that right.

Except for Our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.

These Terms contain the entire understanding and agreement between Us and You in relation to Your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by You or Us which is not contained herein. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.

You may not assign, sub-license or otherwise transfer any of Your rights and obligations in these terms to any other person.

These Terms and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the law of England and Wales.

Our E-Commerce terms and conditions

Please read these Terms carefully and make sure that You understand them before applying for an Account or for a Subscription to any of Our Products. Please note that by applying for an Account or subsequently for a Subscription You agree to be bound by the Terms.

You should print a copy of the Terms or save them to Your computer for future reference. We reserve the right to vary the Terms from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, You agree to be bound by any variation made by Us. It is Your responsibility to check these terms from time to time to verify such variations.

When You purchase Services from Us under these Terms You have certain legal rights including that the services are carried out with the requisite skill and care. Nothing in these Terms affects Your statutory rights. Further information on Your legal rights can be obtained from Your local Citizens’ Advice Bureau (www.citizensadvice.org.uk) or Trading Standards Office (https://www.gov.uk/find-local-trading-standards-office).

Introduction

These E-commerce Terms explain how You may register for an Account and purchase a Subscription. By purchasing a Subscription We will allow You access to the Subscription Area and the relevant Product on the Site. Before your Account is activated You will be asked to agree to these Terms. By activating your Account You irrevocably agree to be bound by these Terms. If You have any questions about any of Our Terms, please contact Us using the details set out at Clause 2.2 below.

Our Terms are only available in English. No other languages will apply to them.

Definitions

In these E-Commerce Terms, the following words have the following meanings:

Account

The user account accessible via the Account Login portal allowing You access to free samples and demonstrations of the Product and to the Subscription purchase portal on the Site;

Account Login

Means the login details personal to You required to access the Account as set out in clause 6.1(a);

Additional Terms

Has the meaning given to it in Clause 6.2;

Confirmation E-Mail

Has the meaning given to it in Clause 6.1(B)(ii);

Contract

Has the meaning given to it in Clause 6.1(B)(ii);

Event Outside Our Control

Means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

Subscription Area

Means the restricted area of the Site accessible via the Account following the purchase of a Subscription where You may access the Product during the Subscription Period;

Product

Means either (i) the Full Package, (ii) the Numerical Reasoning Package, (iii) the Verbal Reasoning Package, (iv) the Diagrammatic Reasoning Package, (v) the Situational Judgement Package or (vi) any other available package as detailed on the Site from time to time including any demonstration or example tests;

Services

Means Our services in allowing and facilitating Your access to the Subscription Area and to the Product;

Subscription

Means Our services in allowing you access to the Product during the Subscription Period via the Subscription Area.

Subscription Fees

Means Our fees for a Subscription to a Product as indicated on the Site and subject to change at any time prior to Your receipt of Our Confirmation E-Mail;

Subscription Period

Means the subscription period commencing on the date that You receive Our Confirmation E-mail and automatically expiring later during which You are permitted access to the Product via the Subscription Area;

Terms

Means the E-Commerce Terms set out in this document together with Our Website Terms of Use, Privacy and Cookie Policies;

You or Your

Means the person registering with Us for an Account. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

A reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established.

A reference to writing or written includes e-mail.

Any phrase introduced by the words including, includes, in particular or for example, or any similar phrase, shall be construed as illustrative and shall not limit the generality of the related general words.

Use of Our Site

Your use of Our Site is governed by Our Website Terms of Use, Privacy Policy and Cookie Policy. Please take the time to read these, as they include important terms which apply to You.

Where any Product is made available for access or downloading from the Site, this is our copyrighted work. You may only use such Products in accordance with these Terms. All such Products are made available for access or downloading solely for Your personal use in a non-commercial manner unless otherwise agreed by Us in writing. Any reproduction or redistribution of any Product not in accordance with these Terms is expressly prohibited, and may result in severe civil and criminal penalties.

How we use your personal data

The steps required to create the Contract between You and Us are as follows: Setting up your Account: You complete the “signup form” on the Site and register Your personal data with Us by inputting the same into the e-form. Before Your Account is activated You will be asked to agree to the Terms. Once you have agreed to the Terms by clicking in the checkbox you will be able to activate your account. By activating your Account You irrevocably agree to be bound by these Terms. It is intended that the Account will allow You to make an informed decision about purchasing a Product.

Purchasing a Subscription: You login to your Account using Your Account Login, select Your desired Product(s) via the Subscription purchase portal and register Your personal payment details with PayPal (the “Payment Process”). At the end of the Payment Process We will confirm that your Account will be or has been given access to the Subscription Area by e-mailing You with an acknowledgement of payment in accordance with clause 6.1(b)(ii) below. All purchases of Products are made under Our Terms.

  • We may send You an e-mail to say that we do not accept Your order for a Subscription. This is typically for the following reasons:
  • The Products are not available;
  • We cannot obtain authorization of Your payment;
  • You are not permitted to purchase the Product; or
  • There has been an error by Us on the pricing or description of the Product.
  • We will only accept Your order for a Subscription when You have clicked the checkbox, next to the Terms, on the registration page. At this point your Account will be updated and granted access to the Subscription Area within 48 hours and for the duration of the Subscription Period and a legally binding contract will come into existence between You and Us (the ‘Contract’).

The Subscription Period and Subscription Fees

  • The Product may be purchased by Subscription, which activates Your Account with access to the Subscription Area where the Product may be accessed for the duration of the Subscription Period.

Subscription Fees are payable in advance and are non-cancellable and non-refundable following the Commencement of the Services in accordance with clause 6.1(b)(iii). Once the Contract comes into existence the Subscription Fees remain due and payable regardless of the extent to which You make use of the Services.

End of the Contract

If the Contract is ended it will not affect Our right to receive any money which You owe to Us under the E-Commerce Terms.

Limitation of Our liability:

If You are a Business, we only supply the Services for internal use by Your business, and You agree not to use any Product for any re-sale or any other commercial purposes (including internal business use without prior written approval from Us).

Nothing in these Terms shall limit or exclude Our liability for:

  • death or personal injury caused by Our negligence;
  • fraud or fraudulent misrepresentation; or
  • any other liability which cannot lawfully be excluded or limited.

We will under no circumstances whatsoever be liable to You in contract, tort (including for negligence or breach of statutory duty), misrepresentation (whether innocent or negligent), restitution or otherwise for any loss of profits, loss of business, depletion of goodwill or similar losses, or pure economic loss, or for any indirect or consequential loss, costs, damages, charges or expenses however arising.

Our total liability to you in respect of all other losses arising under or in connection with the Contract or the Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the Subscription Fees paid by You in the twelve month period prior to the date of the incident leading to the loss, damage or claim.

Except as expressly stated in these E-Commerce Terms, We do not give any representation, warranties or undertakings in relation to the Products or the Services. Any representation, condition or warranty which might be implied or incorporated into these E-Commerce Terms by statute, common law or otherwise is excluded to the fullest extent permitted by the law. In particular, We will not be responsible for ensuring that the Products are suitable for Your purposes.

If We fail to comply with these E-Commerce Terms, We are responsible for loss or damage You may suffer that is a reasonably foreseeable result of Our breach of these E-Commerce Terms or Our negligence, but We are not responsible for 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. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by You and Us (such as loss of profits, loss of business, business interruption or loss of opportunity).

We do not in any way exclude or limit our liability for:

  • death or personal injury caused by Our negligence;
  • fraud or fraudulent misrepresentation;
  • any breach of the terms implied by the Supply of Goods and Services Act 1982;
  • defective products under the Consumer Protection Act 1987; or
  • any other liability which cannot lawfully be excluded or limited.

Events outside Our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Terms, that is caused by an Event Outside Our Control.

If an Event Outside Our Control takes place that affects the performance of Our obligations under the Terms then:

  • We will contact You by e-mail as soon as reasonably possible to notify You; and
  • Our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

Other important terms

Assignment by Us: We may transfer Our rights and obligations under these Terms to another organisation, but this will not affect Your rights or obligations under these Terms. We will always notify You by e-mail or by posting a notice on the Site if this happens. Our use of Your personal data is is set out within Our Privacy Policy.

Assignment by You: You may not transfer Your rights or Your obligations under these Terms to another person unless We agree that You may do so in writing.

Rights of Third Parties: The Contract is between You and Us. No other person shall have any rights to enforce any of its terms, whether under the Contrats (Rights of Third Parties Act) 1999 or otherwise.

Severance: Each of the paragraphs of these E-Commerce Terms operates separately. If any Court or any other relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

No Waiver: If We fail to insist that You perform any of Your obligations under the 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.

Jurisdiction (Consumer): If You are a consumer, please note that the Terms are governed by the laws of England and Wales. This means a Contract for a Subscription to access Products through Our Site and any dispute or claim arising out of or in connection with it will be governed by the laws of England and Wales. You and We both agree 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.

Jurisdiction (Business): If You are a business, the Terms are governed by the laws of England and Wales. 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.

Refund policy

30-Day Moneyback Guarantee and Refund Policy

The tests we provide are for practising and simulating the actual exams you’ll encounter. They are not designed to be the same as the actual tests and do not infringe on any copyright law. It’s our aim to give you exposure to multiple tests and help you learn skills which you can apply to whichever you face. The terms and conditions of our 30-day money-back guarantee apply to individual paying customers only. In order to claim a refund, you must submit a refund request within 30 days of purchasing their package.

Kindly remember that as a seller of an online platform, we are exposed to high levels of abuse. We are happy to provide refunds that meet the following requirements but are unable to provide them in all circumstances. Hopefully, you understand that we will always try and act fairly to ensure you’re happy with your service and we’re able to stay in business to continue serving you.

Refunds will be provided in the following cases:

  • The package was not used at all. This means no tests were taken and you never logged in.
  • There was a technical failure on our side, that prevented you from accessing your account. If we resolve this within 48 hours, this case will not be valid for a refund.
  • There was a significant discrepancy between our tests and the real employer tests. If the discrepancies were significant, a full refund will be given. If there were discrepancies, but they were not deemed significant, a partial refund of 25% - 50% will be given. The level of significance will be judged from the information you provide in your refund request.

To prevent ourselves from fraudulent activity, we are not liable to provide refunds for reasons that sit outside these such as:

  • You don't like the platform
  • You didn't pass your tests
  • You think the questions are too hard / easy
  • You signed up by mistake