Terms of Use

These Terms of Use set out the standard terms on which Finsimco provides its simulation products and services to client organisations - including universities, business schools, corporate clients, employers and recruiters - and govern the use of the Finsimco website and platform.

Who we are

FINSIMCO LTD is a company registered in England and Wales.

Company number: 12300845

Registered office: 1 Canada Square, 37th Floor, London E14 5AB, United Kingdom

Email: info@finsimco.com

In these Terms, “Finsimco”, “we”, “us” and “our” mean FINSIMCO LTD.

How these Terms are organised

Part A applies to organisations that purchase, license or receive Finsimco products or services, including employers and recruiters who receive candidate introductions.

Part B applies to everyone who uses our website or platform, including Clients and their users.

Part A - Client terms

A1. Scope and how engagements work

Part A applies when an organisation (the “Client”) purchases, licenses or receives Finsimco products or services. Each engagement is set out in a licence agreement, order form, proposal or similar document agreed between Finsimco and the Client (the “Order”). The Order, these Terms and the policies they reference together form the agreement between Finsimco and the Client.

By entering into an Order, or by using or receiving our products or services, the Client agrees to these Terms. If there is a conflict, the Order prevails over these Terms.

A2. Products and services

Finsimco provides realistic, role-based business simulations for learning, training, assessment, recruitment, onboarding and career development. Our simulations recreate real workplace situations, including time pressure, uncertainty, teamwork, competition, communication and decision-making with incomplete information. They are intentionally challenging and are not designed to be easy, passive or suited to every individual preference.

We improve our products continuously and provide the most recently released version. We may update or enhance the platform and content at any time, provided this does not materially reduce the service the Client has paid for during the agreed term.

A3. How we work with Clients

How we deliver depends on the Client and the Order.

For universities, we provide access to the simulation software. Lecturers log into the administration panel and control the simulation from there: they can register their students, monitor them during live sessions, and review the simulation data in the reflection stage.

For corporate training, we can provide the software on the same basis, so that a dedicated person at the company has administration-panel access and facilitates the training event. We can also run corporate events for the Client: we work with the Client beforehand to understand its objectives and specifications, and the Client can stay involved during the process or remain hands-off while we manage the event end to end with no administrative burden on the Client.

In each case, our help desk is available to support facilitators and participants during live events.

For bespoke or customised simulations, development is iterative: an initial specification rarely captures everything needed for a strong simulation, and refinement is a normal part of the process. We include reasonable refinements consistent with the agreed scope at no additional charge; material changes to scope, or excessive change requests, may require a revised Order. We will draw on our experience and simulation data to advise on what works, but the Client is responsible for confirming that the agreed specification meets its objectives.

A4. Licence and usage restrictions

Finsimco grants the Client a non-exclusive, non-transferable licence to use the products and services for the term, programmes, cohorts and participant numbers set out in the Order. The Client must not:

•      use the products with groups, courses or events not covered by the Order;

•      share, sub-license, resell or transfer access;

•      copy, reproduce, distribute or publish simulation content; or

•      modify, adapt or extend the products without our written consent.

The restrictions in section B4 (Intellectual property) also apply. Each participant licence is for one named individual and must not be shared or transferred. The Client must inform Finsimco promptly if it suspects that a licence is being shared or misused. Finsimco may revoke access for a participant licence where misuse is reasonably suspected.

A5. Client responsibilities and decisions

The Client must provide accurate registration and programme information and cooperate with reasonable scheduling, technical and delivery requirements. The Client is responsible for ensuring that participation is appropriate for its participants and for obtaining any consents required for participants under 18.

Participants must complete Finsimco’s standard acceptance step - agreeing to the Simulation Policy and acknowledging the Privacy Policy - before their first simulation. The Client must not bypass, obstruct or misrepresent this step.

Finsimco provides simulation data and reports. For assessment and recruitment programmes, where agreed, we may also provide advisory recommendations - for example, on which candidates may merit progression to interview. For university programmes, we provide simulation data and reports only; we do not recommend grades. All grading, academic, assessment, hiring, training and progression decisions are made solely by the relevant organisation, which may accept, adapt or disregard any data, report or recommendation we provide.

A6. Data protection

Each party must comply with applicable data protection law. Depending on the programme, Finsimco may act as a processor, independent controller or joint controller in relation to participant data, as set out in the Order or a separate data processing agreement. Programme data is shared with the Client as described in our Privacy Policy and the Order.

Personal information is hosted in the United Kingdom and the European Economic Area. Where a Client requires hosting in a specific region, this can be agreed in the Order.

A7. Confidentiality

Each party must keep the other party’s confidential information secure and use it only for the purposes of the agreement. Finsimco’s confidential information includes the simulation content, platform, know-how, scoring methods, benchmarks and pricing. The Client’s confidential information includes its programme details, internal processes and any information it identifies as confidential.

Confidential information does not include information that is lawfully public, already known without an obligation of confidence, independently developed, or lawfully received from a third party. Each party is responsible for ensuring that its personnel and contractors comply with this section. These obligations survive the end of the agreement.

A8. Employers and recruiters receiving candidate introductions

Where Finsimco introduces candidates to an employer, recruiter or agency, introductions are made in good faith based on simulation performance and information provided by the candidate. Finsimco does not warrant or guarantee the accuracy of candidate information, or any candidate’s suitability, availability, eligibility or future performance.

The recipient must carry out its own assessment, checks and recruitment process, and must comply with applicable employment, equality and data protection law. The recipient receives candidate information as an independent controller and must keep it confidential, share it internally only on a need-to-know basis for the relevant opportunity, and use it only for the recruitment purpose for which it was shared. The recipient may contact the candidate in a reasonable and professional manner about that opportunity, and must not disclose candidate information onward without a lawful basis. Finsimco is not responsible for hiring decisions or their outcomes.

A9. Fees and payment

Fees are set out in the Order and are payable in accordance with it. Finsimco may suspend access where fees are overdue, after reasonable notice.

A10. Suspension and termination

The agreement runs for the term set out in the Order. Either party may terminate if the other commits a material breach and fails to remedy it within 30 days of written notice. Finsimco may suspend or restrict access where reasonably necessary for security, legal, platform-integrity or non-payment reasons.

On termination, access ceases and data is handled as described in the Order and our Privacy Policy. Termination does not affect rights accrued before it, and clauses intended to survive - including licence restrictions, confidentiality, data protection, liability and governing law - continue to apply.

A11. Liability to Clients

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud. Subject to that:

•      Finsimco is not liable for indirect or consequential loss, or for loss of profits, revenue, business, opportunity or goodwill;

•      Finsimco is not responsible for decisions the Client or any third party makes using simulation data, reports or recommendations, or for the conduct of participants; and

•      Finsimco’s total aggregate liability to the Client is limited to the fees paid by the Client to Finsimco in the 12 months before the event giving rise to the claim.

A12. Indemnity

If you use our services on behalf of an organisation, or for business or professional purposes, you agree to indemnify Finsimco against losses, damages, claims, costs and expenses arising from your breach of these Terms, misuse of our services, infringement of intellectual property rights, unlawful content, unauthorised sharing of confidential materials, or violation of law. For Clients, this includes losses arising from a failure to meet the responsibilities in section A5, including where that failure results in participant misuse. This section applies to individual consumers only to the extent permitted by law.

A13. General

The Order and these Terms form the entire agreement between Finsimco and the Client in relation to their subject matter. A failure to enforce a right is not a waiver of it. If any provision is found to be unenforceable, the remainder continues to apply. The Client may not assign the agreement without Finsimco’s written consent; Finsimco may assign it as part of a business transfer or reorganisation.

Part B - Using our website and platform

B1. Acceptance

By accessing or using our website or platform, you agree to Part B of these Terms. If you do not agree, you must not use them. If you take part in a simulation, the Simulation Policy also applies to your participation.

B2. Information, not advice

Content on our website and platform is provided for general information. We aim for high standards, but we do not guarantee that content is complete, accurate or current, and we have no obligation to update it. It does not constitute financial, investment, legal, tax, accounting, career or other professional advice, and you should not rely on it as the sole basis for any decision; any reliance is at your own risk.

B3. Acceptable use

You must use the website and platform lawfully. You must not: interfere with or disrupt the website, platform, simulations, systems or their security; attempt to gain unauthorised access to any account, system or data; scrape, mine, harvest or systematically extract data or content; introduce viruses, malware or other harmful code; or use the website or platform for any unlawful, deceptive or unauthorised purpose.

B4. Intellectual property

All rights in our website, platform, simulations, software, designs, interfaces, content, scenarios, cases, datasets, materials, scoring methods, reports, benchmarks, documentation, branding, logos and know-how belong to Finsimco or our licensors.

You are granted a limited, personal, revocable, non-exclusive, non-transferable right to access and use our website, platform and services for their intended purpose. You must not copy, reproduce, modify, adapt, publish, distribute, sell, license, exploit, reverse engineer, benchmark, recreate, or use our intellectual property to build or support a competing product or service without our written permission. No rights are transferred to you except the limited access rights expressly stated in these Terms.

B5. Availability and changes

We aim to provide a reliable website, platform and service, but we do not guarantee that access will always be uninterrupted, error-free, secure or available at a particular time. We may suspend, withdraw, update, change or discontinue any part of our website, platform, simulations, content or services at any time - for maintenance, upgrades, security, legal, operational, commercial or product reasons.

We are not responsible for failure or delay caused by events outside our reasonable control, including internet outages, hosting failures, third-party service failures, cyber incidents, power outages, strikes, natural events, legal restrictions or other force majeure events.

B6. Disclaimers

Our website, platform, simulations, content and services are provided on an “as is” and “as available” basis. We do not guarantee that:

•      a simulation will reproduce every aspect of a real job, employer, industry, team or workplace;

•      participation will produce particular learning, development, academic, assessment or recruitment outcomes;

•      any feedback, score, report, benchmark, ranking or recommendation will be complete, accurate, or suitable for every context or purpose; or

•      any participant, university, employer, recruiter or corporate client will act in any particular way after receiving simulation data, outputs or candidate information.

Nothing in these Terms excludes or limits any rights that cannot lawfully be excluded or limited.

B7. Third-party links and liability for website and platform use

Our website or platform may link to third-party websites, tools or services. We are not responsible for their content, availability, security or privacy practices.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, or for fraud. Subject to that, we are not liable for loss or damage arising from your use of, reliance on, or inability to use the website or platform. Liability in relation to simulation participation is addressed in the Simulation Policy, and liability to Clients in section A11. If you are a consumer, your statutory rights are unaffected.

Changes to these Terms

We may update these Terms from time to time. The latest version will be posted on our website. For material changes affecting an active Client agreement, we will give at least 30 days’ notice where reasonably possible; if a material change is adverse to the Client, the Client may terminate the affected Order with effect from the date the change takes effect.

Governing law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction - except that consumers who have mandatory rights to bring claims in their local courts may do so.

Contact

Questions about these Terms should be sent to FINSIMCO LTD, 1 Canada Square, 37th Floor, London E14 5AB, United Kingdom, or by email to info@finsimco.com.