FINCHER Public Offer Agreement

Terms of Service

GENERAL TERMS AND CONDITIONS FOR USING FINCHER SERVICES

1. INTRODUCTION

Use of the website https://www.fincher.com.ua and other websites of the project (hereinafter referred to as the “Website”), as well as use of products and services offered on the website (hereinafter referred to as the “Services” or “Services”), except for services provided under any written agreement) is governed by the terms of the legal agreement (agreement) between you (the user of the website) and us – the company “FINCHER” (hereinafter referred to as the “Administration”). site”, “us” or “we”).

This document describes the main provisions of this agreement, and also sets out some of its terms.

For services provided on the territory of Ukraine, under the company “FINCHER” is understood: Individual – entrepreneur Chernyshenko Olena Ivanivna (registration number RNUKPN 3300905489).

The details of a specific service provider will be indicated in the electronic receipt, payment system invoice or account opened for you.

Unless you have entered into another written agreement or contract, your agreement with FINCHER will always include the least of the terms and conditions set forth in this document (hereinafter referred to as the “General Terms”). Please read these General Terms respectfully.

In addition to the General Terms, your agreement with FINCHER also includes Additional Terms of Service, published directly on the product (service) description page or in the legal notices that apply to the Services (hereinafter referred to as the “Additional Terms”).

The General Terms and Additional Terms (hereinafter referred to as the “TERMS”) constitute a legally binding agreement for the provision of Services and use of the site.

2. ACCEPTANCE OF MINDS

In order to be able to use the Services, you must accept the Terms. Until the moment of acceptance of the Minds, the use of FINCHER Services is prohibited.

You can accept the Terms in the following ways:

(A) by taking the action to confirm acceptance of the Terms (by clicking on the button, putting a tick in the checkbox or similar action) on the service order page on the website; or

(B) the actual use of the Services. In this case, you agree with the fact that we consider the fact of using Services as the reception of Minds.

By using the site, project or services offered on the site, you accept all the stated Terms. If you do not agree with these General Terms or Additional Terms published on the site, please leave the site and stop using the Services.

3. SUBJECT OF THE AGREEMENT

The subject of the agreement is the use of the site, as well as the services that we offer on the site https://www.fincher.com.ua and other sites of the FINCHER project.

Terms of use of services and materials of the site

The user may be any person who accepts the Terms and uses the site and Services.

To receive paid services, you must be a full-time employee and be a person who has reached the age of 18.

Additional terms and conditions

As we provide many different services, some of them can be used for Additional terms of use and limitations. Such conditions are provided in the relevant sections of the site, on the service order pages (“information products”) or in legal notices that are addressed to you (hereinafter “Additional Conditions”). The additional terms are part of your agreement for the provision of services and use of the site, which we have concluded with you.

We reserve the right to introduce additional terms of use of the site and services that are mandatory for its implementation.

4. FINCHER PRICE AND SERVICE DESCRIPTION

Services and free materials

The scope of services available to you depends on the product and service package you choose.

If you use the services or materials available in the open sections of the site and distributed free of charge, you will receive only basic information on the subject.

When you purchase a paid service package or book a membership, you will receive extended information, as well as access to paid content and paid services on the site. You can purchase a whole product (package of services) for a one-time fee, book participation in a live session (offline training, seminars) or make a monthly payment for Services.

The terms of use of a paid subscription are governed by the relevant Additional Terms (Subscription Terms published on the product page), which you accept when you subscribe.

Please note that some prepaid service packages require access to several services and training programs (courses). However, if this is not the case, in order to receive information materials for additional training programs, you will need to purchase such Services in addition.

Some training programs are based on independent work and the implementation of individual tasks (home tasks), which is part of the process of providing services. Prices and cost of services

The cost of services that are provided (a package of services within the training program, a course or a monthly subscription) may be published by us on the product page, on the website or must be indicated in a written legal notice – a notice sent to you by e-mail , indicated during registration or placing an order on the website.

5. USING THE SITE AND REQUESTING SERVICES

By using the site or services, you accept these General Terms and Conditions, as well as our Privacy Policy. If you do not agree with the contents of the specified documents, leave the site and stop using the services.

If you have registered on the site or placed an order for the services offered on the site, or use our services, you agree that we can send you letters, advertising, informational messages and other materials by phone and email, specified upon registration. In certain cases, you can, if necessary, refuse to remove them.

You are obliged to comply with all rules and regulations that you will be asked to familiarize yourself with when placing an order or in the process of using the services offered on the site. You agree that you will not engage in any activity that interferes with the proper functioning of the Site, Services, or any associated servers or networks.

You assume full responsibility for any violations of your obligations under the Agreement, as well as for all consequences of such violations.

6. FORMING AN AGREEMENT

The procedure for forming and forming the relevant agreement (contract) depends on the product (package of services) you have chosen and the method of payment, as well as on whether you are placing an order for Services for the first time or you already have a user registration on the site.

Registration on the website, subscription to the mailing list, placing an order and payment for Services on the website (entering your payment details) is not possible without receiving your prior consent to these General Terms and Conditions and our Privacy Policy, expressed by pressing the button “Submit”, “Register” , “Subscribe”, “Pay”, “Place an order”, “Book”, “Take part”, “Buy” (or other similar), which is located under each specific data entry form or by payment block, to perform the target action (registration, subscription, placing an order, payment for Services or other similar).

Moment of contract conclusion

By submitting the site and using free materials and services placed in open sections of the site, you conclude a License Agreement with us for the use of content.

By registering for a free webinar or by signing up for a free mailing list, you are entering into a Service Agreement with us. In such a case, the Agreement includes General Terms and Additional Terms of Use of Services.

When you purchase a prepaid package of services, you enter into a Service Agreement with us by clicking on the button “Take a Participation”, “Pay”, “Place an Order”, “Buy” (or another similar one). In such a case, the Agreement includes General Terms and Additional Terms of Use of Services.

When purchasing tickets for a live event (forum, event, offline training, intensive, coaching, seminar), you enter into an Agreement for the purchase and sale of tickets for the event with us at the moment of pressing the button “Take part”, “Pay”, “Order” order”, “Buy” (or something similar). In such a case, the Agreement includes General Terms and Additional Terms of Use of Services.

In the process of registration of monthly paid subscription for services you conclude with us the Agreement on provision of services at the moment of successful entry of payment details into the payment system frame. In this case, the Agreement includes General Terms and Additional Terms – Prepayment Terms.

When paying for an order without using electronic payment systems, the Agreement with you is considered to be concluded at the moment of your payment for the account (or electronic invoice) issued by us.

Purchase of several products or additional services

You can purchase and use one or several services at a time by paying for a package of services that is purchased, either one-time or by making a monthly payment.

Correction of errors

When registering on our website or ordering services, you can at any time interrupt the purchase process and correct errors entered before the moment of completion of the registration process or ordering – payment for services, receipts or prepayment.

You can also always contact us and inform us about changes in the introduction.

7. SERVICE TERMS

One-off services

Any one-off services/prepaid service packages purchased on the site may be offered for a fixed period (subject to a fixed term of service). In this case, after the end of the specified term, the provision of services will stop automatically, at the moment of the end of the specified period of provision of services; actions from your side, aimed at the termination of services, are not required.

Prepayment

Subscriptions to our services are subject to different minimum terms of validity (minimum subscription term) and will automatically renew at such minimum subscription term until such time as you or we change their continuation.

To avoid any misunderstandings, please note that the term of the subscription is determined by calendar days, regardless of whether you used the services for which you signed up or not.

Unlimited access to content

Some service packages provide users with unlimited access to the content. In such a case, the user gains access to content without term restrictions.

8. SERVICE BOOKING (RE-ORDERING) TERMS

By making a service reservation, you are placing an order for Omhome products and services at a discounted special price. You enter the booking price and receive a fixed price that applies at the time of booking. The balance of the cost of services, you must pay within the term specified in the statement published on the sales page.

The amount you paid (the cost of the reservation) is taken in advance and will be reserved in the account for payment of services.

If you do not pay in full for the services booked in the terms specified, we will refund you all the money you received, but you will lose the right to purchase products and services at a special price, and you can always purchase them at the standard price published on the site. If by the time of full payment you have already used up the services (already got access to one or more lessons), we retain from the refund amount the cost of the services actually paid in accordance with our Refund Policy. You can also use the amount you have paid to pay for other Omhome services in installments for two (2) calendar months from the date of payment of the booking fee, for this purpose please contact our customer support service. After the expiration of the two-month term from the payment date, the reservation price is not refunded.

Please note that the reservation is subject to the minimum service package or tariff plan (lowest price), but you can always choose another service package for an additional fee.

9. PAYMENT TERMS

Write-off of funds

When you purchase a package of services or a ticket for a live visit to the site, at the moment of placing an order (successful entry of payment details into the payment system), a one-time write-off of the amount of the cost of the ordered services is made.

When registering a renewed subscription to services, at the moment of registration of the subscription (successful entry of payment data), the card is linked to the user’s account and funds are debited from the linked card automatically, for the minimum subscription term, according to the subscription terms. When a subscription to services is automatically renewed for a new period, funds are debited as an advance payment until the start of the provision of services in a new payment period.

Failure to comply with payment obligations

We reserve the right to file claims for violation of the established terms of payment for services. In case of failure to write off funds from your payment card or a payment in full, we reserve the right not to initiate provision of Services or to suspend their provision until they are properly paid.

10. PAYMENT METHOD

You can find out about the available payment methods for our services on the website.

When paying for services by bank transfer, you are required to notify us of the due payment and send images of documents confirming payment for services to the e-mail address indicated on the website. You understand that by paying for services by bank transfer, you confirm your agreement with the Terms of Service.

If we pay additional fees or incur other expenses due to your fault (e.g. insufficient funds on the card; the permissible credit limit on the card has already been exhausted), we reserve the right to additionally write off from your card/account the amount of the expenses actually incurred by us. .

We reserve the right, at any time, in our sole discretion, to change the method of payment for the goods and/or to withdraw from the previously proposed method of payment by proposing alternative methods of payment.

11. RETURN AND TRANSFER POLICY OF SERVICES

Refund Policy

After placing an order and paying for it, in any case, you have the right to withdraw from the Services and request a refund. You have the right to withdraw from the paid services, having informed us about it in the established terms.

From the date of receipt of the request for return we shall have the possibility of returning the funds, as well as the amount of collection associated with the return. You understand and agree with that, if you have already started using the services (gained access to one or more training programs or their records) during the term of the order, we retain from the amount paid the cost of the services actually rendered, at the time of receipt of the request for return .

Withdrawal Policy for Online Training

You have the right to withdraw from online training within fourteen (14) calendar days from the date of payment for training. In case of early booking of services or payment for training in parts, the date of registration of the order (date of payment for services) is the date of the first payment.

To receive funds, contact us and submit a request for return in the established manner.

Since some service packages provide the provision of private information and valuable content, as well as access to private chats, groups and shared, you understand that when you make a return request after you have been provided with such information and access to chats, upon return, we retain the amount you have paid not less than fifty (50)% of the cost of training, regardless of the number of courses to which you have access.

Policy of cancellation for participation in offline sessions

If we receive a request for a refund:

(A) sixty (60) or more calendar days before the date of the session or master class, regardless of the reasons for the cancellation, we will refund you all the money received (for the commissions of payment systems related to returns);

(B) in the period from fifty-nine (59) to thirty (30) calendar days including the date of the entrance or master class, regardless of the reasons for cancellation – we return the funds for the cancellation of fifty (50)%. from the amount paid;

(B) in the period from twenty-nine (29) to fifteen (15) calendar days inclusive of the date of the entrance or master class, regardless of the reasons for cancellation – we return the funds for the period of seventy-five ( 75) % of the amount paid;

(G) less than fifteen (15) calendar days before the day of the visit, as well as after the start of the visit (first day) and later – we will not make a return. The entire advance payment amount is retained as compensation for the payments made by the unilateral withdrawal from the contract.

Submitting a return

To cancel the services and submit a return, write to us at fincher.bc@gmail.com. We confirm the receipt of the request for return of e-mail to the address indicated when placing the order.

To place an order, please provide us with: PIB and email specified when placing the order; name of the Service (course, package of services); date of order; information about payments; reasons for cancellation of services, as well as other necessary information.

You understand that if you do not provide the necessary information, we have the right to refuse you the request and not consider your statement.

Return of services

If you have made a request for a refund in the specified term, we will refund your money within fourteen (14) days from the date of receipt of the request.

To return funds we use the same payment method that you used when paying for services. We retain from the refund amount all additional commissions of banks and payment systems related to the payment refund.

If you did not use the services (did not take part in the visit, did not look at the jobs available to you) not through our fault or refused to use the services in violation of the terms and established order, we do not deny the value of such services.

Special conditions of cancellation and additional guarantees of return

We always reserve the right to establish other rules of cancellation for certain services (training programs, products, live sessions, webinars, intensives, etc.) or to provide you with additional guarantees of absolute return by publishing special conditions of cancellation for services on the page selling the product.

Transfer of terms of provision of services

Not later than two (2) months from the date of payment for Services (making the first payment) You have the right to request the transfer of terms of provision of Services to other calendar dates and to undergo training with the next flow of the rate (under the terms of a similar package of services equivalent to the one purchased for the fee) ).

In such a case, the return of funds does not work, and we will inform you of new possible calendar dates for training. The terms of service provision can be transferred no more than once.

To comply with the established term, you only need to inform us of the procedure established for filing a request for a return.

We always reserve the right to establish other rules for the transfer of terms of service provision for other products by publishing additional Terms of Transfer on the product page.

Using funds to pay for another product

Not later than two (2) months from the date of payment, you have the right to request that the funds paid be used to pay for any other product (service) of ours. If the price of the goods you are buying exceeds the amount you have deposited, you agree to pay the difference to the beginning of the Services. If the deposit amount exceeds the value of the ordered product, the difference in value does not reverse.

In order to comply with the established term, you must inform us of the procedure established for filing a request for a return.

End of the return period

In the event that the Services have been provided in full, until the end of the return period (e.g. you have already gained access to all lessons and materials) and/or until the moment of receiving the request for a refund, the refund will not be processed.

In case of withdrawal of a request for return (revocation of services) due to violation of the established terms of revocation of services, the return of money does not take place.

12. RIGHT TO USE FINCHER CONTENT

Depending on the services you have ordered or the package of services you have purchased, you will have access to the content (information and training materials), the copyright and related rights to which are protected or in any case belong to us, regardless of the fact of registration and the territory of its operation.

We grant you a non-exclusive, non-transferable right (limited license) to use the content for non-commercial purposes under the terms of this agreement for the entire term of the service, unless otherwise provided by the terms of the membership package or subscription.

You have been warned that photography, audio and video recording of the learning process (seminars, master classes, webinars and live sessions) is strictly prohibited. If this obligation is violated, you will not be allowed to receive services.

Use of intellectual property

All materials posted on the site https://www.fincher.com.ua and other sites of the project, as well as materials that are provided to you during the provision of paid services (content), are subject to copyright, excluding the rights to use which belong to the company FINCHER.

The right to use content and materials included in the site or obtained in the process of providing Services is limited to the use of content for specific non-commercial purposes and is not permitted in other cases.

Copying, modification, full or partial use, public display and distribution of materials posted on the site, or given to users in the course of providing paid services, as well as the use of content for commercial purposes, without the written permission of the copyright owner, is strictly prohibited and violated by law.

The trademark for goods and services, its image, as well as the trade name “FINCHER” are registered and owned by us. All rights reserved.

You undertake not to render, duplicate, copy, sell, exchange or resell the Services in any way, unless the right to it has been granted to you by the owner in a separate written agreement, and also not to use other objects of intellectual property without our written consent. Any violation of copyright and related rights is subject to the laws of the country of issue and international law, and entails the establishment of civil, administrative and criminal liability. 13. RESPONSIBILITY FOR SERVICES OF IMPROPER QUALITY

References to the law

The provisions of the law on the protection of the rights of consumers with regard to claims for the provision of services of improper quality are extended to include matters arising independently from the General and Additional Minds. The rights of the consumer, granted to you by law, cannot be changed at any time.

Warning about guarantees

We do not give any guarantees that using FINCHER services will bring you financial or any other results. The data that is provided in the process of using paid and free materials on the site are of a recommendatory nature only.

By purchasing paid services or using free content, you agree that you use the content entirely at your own discretion and bear sole responsibility for it.

Omhome is not responsible for any loss of profits you may receive, reputational damages or other risks that may arise as a result of using materials from the site. The results you get in the process of using the strategies and recommendations posted on the site depend on many factors that are purely individual in nature and depend on who is learning. These include your individual learning capabilities, the consistent implementation of homework, recommendations and strategies that you will receive in the learning process, as well as business environment factors, markets and economic fluctuations at the time of your use of strategies and knowledge. Results for different users may vary significantly when using the same services. The case studies and success stories presented on the site are intended as demonstrations of the results of specific people, and are not a promise or guarantee that you will achieve the same results, but rather a copying of the strategies and actions that were implemented by these people to achieve certain financial and other results. By using the materials, you are free from legal challenges and other forms of claims to us based on the results you have achieved in the process of using the content and using the services.

You understand that your misfortune with the opinion of our trainers or speakers, the methodology and content of the training programs is not a substitute for the return of funds.

14. RESPONSIBILITY

General provisions

In case of violation of the obligations by the parties, provision of false information during the establishment or execution of the agreement, the parties are responsible for the established procedure.

We are not responsible for:

— violation of the Constitution and order of rendering services;

— Violation of terms of provision of services;

— Provision of services of inadequate quality.

We are not responsible for:

• Failure to provide services due to reasons beyond our control, including force majeure, disruption of communication lines, failure of hardware and software beyond our control;
• For full or partial interruption of the provision of services related to the replacement of equipment, software or the performance of other work, due to the need to maintain productivity and develop technical means (subject to prior notification of the user);
• Compromise of security of the equipment and software that you use to receive services;
• Loss of confidential information or part thereof, if there is no fault of ours;
• There were some incidents of three persons that were not our fault.

You are responsible for:

• For the authenticity and correctness of the registration and payment data specified by you during the registration process on the website or when placing an order;
• Use by third parties of the data that are used to obtain access to the Services;
• Use of materials posted on the site or given during the provision of Services, with the purpose of their subsequent resale, distribution or transfer to third parties;
• Destruction of the Mind by the use of services;
• Loss of minds about payment;
• Interfering with the site and available services or trying to gain access to them bypassing our instructions.

Limitation of responsibility

Our total responsibility for any call or claim is limited to the amount of the service rendered of inadequate quality or the violation of the terms.

In the event of our violation of the terms of provision of services, our responsibility is limited exclusively to:

— continuation of the terms of provision of services, or

— provision of services in new terms until the fulfillment of our obligations.

Responsibility of our employees and agents

In such cases, when our responsibility is limited or excluded, the same limitation of responsibility or its responsibilities is imposed on our employees or agents.

15. RESPONSIBILITY FOR THE MATERIALS AND CONTENT YOU POST

Limitation of responsibility for posting content

You are responsible for the content and materials that you post on our site or in chats during the use of FINCHER services. We are not responsible for the materials you post and we do not take any action against them.

Compliance with legal requirements

By posting your own content you are obliged to comply with the legal requirements of the country of residence. In any case, the publication of content of a pornographic, sexual nature, which promotes violence, sadism, discrimination, which is a form of revenge, threats or slander is prohibited. In addition, your content must not violate the rights of third parties. This concerns the main and individual non-main rights of third parties, including intellectual property rights (for example, copyright and rights to trademarks and trade names). Of course, you are also obligated not to violate the rights of third parties when posting comments/reviews, profile photos or any other images that you publish.

We have the right at any time to delete or move any content posted by you if we determine that it violates the rights of third parties or the requirements of the law. If you violate the stated principles of posting content, we have the right to send you a warning letter and immediately block your account and suspend the provision of services, or unilaterally terminate the contract. Recovering damages

If you violate the obligations of the Constitution, you are obliged to recover from us all damages that were found in connection with the satisfaction of the claims of third parties (whose rights you violated). We reserve the right to make claims for expenses and other debts in the order of recourse.

16. TERM OF MINDS

The terms of the agreement are valid until they are changed or cancelled by the company.

The effect of these Terms and Conditions does not affect any legal rights, obligations and responsibilities that Omhome has had for you and that arose prior to the effect of these Terms and Conditions.

17. TERM OF THE AGREEMENT

The agreement on the use of the site (site materials) is considered to be indefinite in terms and effect until it is terminated by you or us.

An agreement on the provision of services, including the use of free services, the purchase of a prepaid package of services or the reservation of a part in the event, acts to fully implement the obligations between the parties.

The agreement on the provision of services, which is connected with your execution of a paid subscription to the Services, is valid for the duration of the subscription term and, in case of renewal (automatic renewal) of the subscription, is valid for the term of the subscription renewal.

18. TERMINATION OF USE OF SERVICES

You have the right to terminate the use of the site and services at any time without giving a reason.

To stop using paid services, please let us know by email at fincher.bc@gmail.com. Please note that after you cancel the services (terminate the contract), you will lose access to all the content you have received and the services available. In the event that at the time of termination of the agreement (if any) you still have a valid subscription or access to the purchased package of services, or the right to withdraw money, any amount that you have paid into the payment account for FINCHER services will not be refunded. , including the amount of value of services actually not used.

We reserve the right to terminate a legal agreement with you without giving reasons, subject to sending you written notice no later than two (2) weeks before the scheduled date of termination. In any case, the contract cannot be terminated earlier than the minimum paid subscription period or the end of the term of provision of services.

We may at any time cancel the agreement (contract) concluded with you if:

(A) You have violated any provisions of the Agreement (or committed acts that clearly indicate your disobedience or inability to comply with the Agreement), or

(B) we are offended to do so in accordance with the law (for example, if the provision of services to you is illegal or ceases to be legal), or

(B) FINCHER suspends the provision of Services in the country where you live or use the services, or

(D) the provision of services becomes unprofitable in view of FINCHER companies.

If you try to interfere with the site, servers or other automated systems of FINCHER or grossly violate the Terms, or if we suspect you of this, we can suspend or completely block access to the site and services. Prepayment

Each subscription to FINCHER services may be subject to change. You can cancel your subscription without giving any reason at any time after the end of the relevant minimum subscription term or on the day of the end of the period for which the subscription was extended.

You can cancel any prepayment for Services on our website, having set up the appropriate settings in your user account and having linked the payment card. You can also unsubscribe by sending us an email message to fincher.bc@gmail.com.

We reserve the right to cancel your subscription, effective from the date of expiration of the minimum subscription period or the period for which the subscription was extended, upon sending you written notice no later than two (2) weeks before the scheduled cancellation date. Unilateral withdrawal from a contract with one of the parties

Each party has the right to withdraw from a contract unilaterally with one of the parties.

Clearly, we have the right to cancel your contract and terminate the beneficial agreement or cancel your subscription unilaterally if you repeatedly violate the Terms of the Agreement or these General Terms and Conditions, as well as in the event of a breach of contract for services.

19. PERSONAL DATA

Please note that by using the site or services, filling in registration forms on the site, you agree to our Privacy Policy and give consent to the collection and processing of your personal data on the stated terms. If you do not agree with them, stop using the site.

We process your personal data in accordance with our Privacy Policy; You can always find the current version of the Privacy Policy on the website. These conditions govern the collection, processing, use and protection of your personal data.

20. ADDITIONAL TERMS FOR ORGANIZATIONS

If you are a legal entity (to avoid any misunderstanding, the term “you” of legal entities in these Terms means an organization), then the individual who has accepted the terms on behalf of your organization declares and warrants that he/she is authorized to act on behalf of Your name has enough meaning. to accept agreements on your behalf.

21. PHOTO-VIDEO SHOOTING AGREEMENT

By participating in any offline FINCHER events (seminars, weekends, events and forums), you provide an opportunity for a photo-, video- and audio recording of the event for your participation, as well as a TV or radio broadcast of the event.

When attending any online FINCHER sessions (webinars, master classes, broadcasts, intensives, courses), you will receive a photo, video and audio recording of the event for your participation, as well as a TV or radio broadcast of the session. You agree that we can use photos and videos to illustrate your image.

22. Protection against the use, receipt, purchase of goods, products and services of FINCHER for citizens of the Russian Federation and entities associated with the military aggression of Russia in Ukraine

By using the site, products, goods and services of FINCHER, you guarantee that you are not a citizen or a citizen of the Russian Federation and do not support in any form the military aggression of the Russian Federation in Ukraine. In another case, you may suddenly stop using the site, products, goods and services of FINCHER.

23. INFORMATION ABOUT THE SUPPLIER

Sole proprietor Chernyshenko Olena Ivanivna

61070, Ukraine, Kharkiv, st. Saperna, bud. 16, apt. 116

Registration number 3300905489

e-mail: fincher.bc@gmail.com

Date of update: 12.01.2022.