Terms of Service
Please carefully review the following terms and conditions. These terms outline your agreement with Finch Network Inc. for the provision of digital advertising services on your premises. By accessing our services, you agree to abide by these terms.
Definitions:
Activation Date: The initial date when the advertising System becomes operational at your premises.
Business Day: Any weekday (excluding Saturdays) on which businesses are generally open in your country.
Company: Refers to Finch Network Inc.
In Venue Adverts: Short advertisements related to activities or promotions within your premises, approved or following templates provided by Finch Network Inc.
Premises: The location where the System is installed as notified by you to Finch Network Inc.
System or Finch Media System: Digital advertising system provided by Finch Network Inc., including any hardware or software installed by the company to facilitate its services.
1. General:
1.1 This Agreement outlines the terms under which you permit Finch Network Inc. to install, display, and operate the digital advertising System at your premises.
1.2 During the term of this agreement, you agree not to engage with any other supplier of digital advertising screens.
1.3 You warrant that you have the legal right to allow Finch Network Inc. to install and operate the System at the premises for the duration of this Agreement.
1.4 You further warrant that no third party has any rights that would impede the execution of this Agreement or the recovery of the System by Finch Network Inc.
1.5 You shall not disclose any commercially sensitive information regarding Finch Network Inc., including business practices or key customer relationships.
2. Term:
2.1 The initial term of this contract is 36 months, following a 2-month trial period. The contract will automatically renew for successive 12-month periods unless terminated by written notice.
3. Finch Network Inc. Obligations:
3.1 Finch Network Inc. shall be responsible for delivering and installing the System at the premises, with all installation works agreed upon in advance.
3.2 Maintenance and repairs during the term of this Agreement shall be undertaken by Finch Network Inc. with reasonable notice provided for access.
5. Your Rights
If you are located in regions governed by data protection laws such as the GDPR, you have rights including:
Access to your personal data.
Correction or deletion of your personal data.
Objecting to the use and processing of your personal data.
Requesting limitations on the use and processing of your personal data.
Data portability.
To exercise these rights, please contact us at privacy@finchnow.com.
4. Your Obligations:
You, as the premises owner or manager, shall:
4.1 Ensure that the System remains in the designated location agreed upon with Finch Network Inc. and not be moved without prior written approval.
4.2 Only allow authorized personnel access to the System, except for turning power on and off, unless otherwise permitted by Finch Network Inc.
4.3 Ensure the System is operational during normal opening hours of the premises or as agreed upon with Finch Network Inc.
4.4 Maintain the cleanliness and visibility of the System's location at all times.
4.5 Promptly notify Finch Network Inc. of any issues or failures with the System.
4.6 Provide access to the System for maintenance, checks, or other activities as required by Finch Network Inc.
4.7 Maintain the electrical power supply required for the System at your own cost.
4.8 Not permit any other party to install or operate digital advertising mediums within the premises without Finch Network Inc.'s consent.
4.9 Keep the System clean and in good condition as per the provided guidelines.
4.10 Allow Finch Network Inc. access to the premises for surveys or similar activities upon reasonable notice.
4.11 Notify Finch Network Inc. promptly of any changes to stocked products or supplier agreements, without disclosing competitively sensitive information.
4.12 Ensure internet connectivity is provided to the System as per the specified requirements, either through an existing service or separately provided by Finch Network Inc.
4.13 Notify Finch Network Inc. of any changes in internet service provider if used to support connectivity to the System.
4.14 Allow access for pre-installation surveys by Finch Network Inc. at reasonable times.
5. Advertising Content:
5.1 Finch Network Inc. reserves the right to decide the advertising content displayed on the System.
5.2 Advertisements displayed on the System must comply with applicable laws.
5.3 Finch Network Inc. will allocate the majority of advertising slots for In Venue Adverts to the premises owner, subject to separate terms for such service.
6. Ownership and Title:
6.1 Ownership of the System remains with Finch Network Inc., and the company reserves the right to remove the System upon written notice.
7. Insurances:
7.1 You shall maintain appropriate insurance coverage for the premises, ensuring coverage for the System up to its full replacement value.
8. Downtime:
8.1 Finch Network Inc. reserves the right to remove the System if rendered inoperable due to preventable actions by the premises owner.
9. Exclusion and Limitation of Liability:
9.1 Finch Network Inc. acknowledges that the System's availability depends on various factors and does not guarantee continuous service.
9.2 You are solely responsible for ensuring that other equipment or systems within the premises do not interfere with the System's operation.
9.3 Neither party shall be liable for:
9.3.1 Indirect or consequential losses resulting from breach of contract, negligence, or other tort.
9.3.2 Failures due to events beyond their reasonable control.
9.3.3 Losses resulting from your breach of this Agreement or negligence.
9.3.4 Termination of this Agreement as per its terms.
9.4 The limitations of liability outlined in this clause constitute Finch Network Inc.'s entire liability under this Agreement.
9.5 Nothing in this Agreement shall limit Finch Network Inc.'s liability for matters such as death, personal injury, or fraud.
10. Termination:
10.1 The initial term of this contract is 36 months, with a 2-month trial period. The contract will automatically renew for successive 12-month periods unless terminated by written notice.
10.2 If terminated before the end of the current period, you shall be liable for removal costs and any lost advertising revenue projected by Finch Network Inc. during the term.
10.3 Finch Network Inc. will remove the equipment within a reasonable time following valid cancellation.
11. Assignment:
11.1 Finch Network Inc. may assign, transfer, or subcontract its rights or obligations under this Agreement, provided your rights remain unaffected.
11.2 You may not assign or transfer your rights or obligations under this Agreement without Finch Network Inc.'s written consent.
11. Assignment:
11.1 Finch Network Inc. may assign, transfer, or subcontract its rights or obligations under this Agreement, provided your rights remain unaffected.
11.2 You may not assign or transfer your rights or obligations under this Agreement without Finch Network Inc.'s written consent.
12. Notice:
12.1 All notices under this Agreement must be in writing and sent to the provided contact details.
12.2 Notices shall be deemed received three (3) days after posting or on the following day if sent by email.
13. Entire Agreement:
13.1 This Agreement constitutes the entire understanding between the parties and supersedes all previous agreements.
14. Third Party Rights:
14.1 Third parties shall have no rights under or in connection with this Agreement.
15. Variation:
15.1 Finch Network Inc. may change or add to the terms of this Agreement as deemed necessary, with notice provided to you.
16. Use of Data:
16.1 Finch Network Inc. will process personal data in accordance with this Agreement and the relevant Privacy Notice.
17. Governing Law and Jurisdiction:
17.1 This Agreement shall be governed by the laws of Delaware, and any disputes shall be resolved in the courts of Delaware.
Contact Us
If you have any questions or concerns about our Terms of Service or the handling of your information, please contact us at privacy@finchnow.com