TERMS AND CONDITIONS
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Terms & Conditions

Introduction

 

Finest International is a trademark of Finest International Ltd, a company registered in England and Wales. Finest International Ltd and our affiliates (collectively, “Finest International” or “we” or “our” or “us”) provide you with access to a variety of real estate related products and services, including our websites (our “Sites”), our mobile applications (“Apps”) and all of our products or services available through our Sites and Apps (such Sites, Apps, products and services, collectively, the “Services”). Please read these Terms and Conditions and our Privacy Policy carefully as they govern your use of the Services.

 

Agreement to the present Terms and Conditions

 

The following Terms of Use apply to everyone who uses Finest International Services, including real estate professionals, and they govern the relationship between Finest International and you during your use of the Services. By accessing and using our Services, you explicitly agree to comply with and be bound by these Terms of Use and our Privacy Policy. Our Services also include paid products and services. By purchasing or using our paid products and services, you agree to our Terms and Conditions and/or to such other agreement between you and Finest International as may apply to such paid products or services.

 

You are allowed to use our Services only if you can form a binding contract with us. Our Services are directed to persons above the age of 18. If you are under the age of 18, you may not use our Services. If you are accessing and using the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms of Use. In that case, “you” and “your” will refer to that company or other legal entity.

 

Our Services

 

Our Services comprise a variety of real estate-related products and services made available through our Sites and Apps, such as real estate listings and related information, mortgage related information, real estate professional profiles, advertisements, editorial contents, user forums and tools and widgets (“Widgets”). Certain Services may be located on third-party websites or applications, either as links from an add-on service to, or otherwise in connection with, websites or applications that those third parties control.

 

Registration and Your Information

 

Certain features of the Services may require that you create an account (“Account”). You can do so through the applicable Site or, if available, through your account with certain third-party social networks such as Facebook (an “Social Network Account”). If you choose the Social Network Account option, we’ll create your Account by extracting from your Social Network Account certain personal information such as your name and email address and other personal information that your privacy settings on the Social Network Account permit us to access.

 

It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information, as needed, to keep it accurate, complete and up-to-date. Otherwise, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

 

By using our Services and providing us with your contact information, you agree that we can send you communications about our Services. You may opt-out of receiving communications unrelated to the Services through the instructions set forth in our Privacy Policy. By using our Services or by filling out any forms on or through the Services, providing us with information or making an inquiry, you acknowledge that we have an established business relationship and you expressly consent to being contacted by us or our service providers, whether by phone, mobile phone, text (SMS), email, postal mail or otherwise. From time to time, when you call us we may wish to record those phone calls for quality assurance and customer satisfaction purposes. In those jurisdictions where consent is required in order for a party to record any telephone call, you consent for us to record your call when you call us.

 

No Offer or Promise to Sell

 

Nothing contained in the Services is an offer or promise to sell a specific product for a specific price or that any advertiser will sell any product or service for any purpose or price or on any specific terms. The Services offered therein are provided solely as a presentation of our services. It should also be noted that Finest International, in spite of its best efforts, does not make any assurance as to the timeliness or accuracy of information provided.

 

Good Faith

 

By creating an Account, you agree that you are signing up for the Services in good faith, and that you mean to use them only for their intended purposes as real estate information and marketing tools and for no other reason.

 

Security

 

While Finest International works to protect the security of your content and Account, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. Please notify us immediately of any compromise or unauthorized use of your Account. You are also responsible for maintaining the confidentiality of your Account information and for ensuring that only authorized individuals have access to your Account. You are responsible for all actions taken or content added through your Account.

 

Good Practices

 

You may not engage in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users, listings or other information from our Sites or that uses web “bots” or similar data gathering or extraction methods. You may not copy or distribute any content, including any listing content, without the prior written consent of Finest International. You may not frame any part of our Sites or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Services.

 

No Endorsements

 

Finest International does not sponsor, endorse, recommend or approve of any real estate agent, broker, mortgage broker or other home-related service provider who offers services through the Services. While we try to confirm that participating real estate agents, brokers and other home-related service providers are licensed to perform their respective services, we cannot and do not represent or warrant that any real estate agent, broker or other home-related service provider who offers services through the Services is licensed, qualified, or capable of performing any such service. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us. All non-Finest International trademarks, registered trademarks, product names, and logos appearing on our Services are the property of their respective owners.

 

Additional Terms for Apps

 

If you download an App from any app store or distribution platform (like the Apple App Store or Google Play) where the App is made available (each, an “App Provider”), then you acknowledge and agree that:

  • These Terms of Use are concluded between you and Finest International, and not with the App Provider, and that Finest International (not the App Provider), is solely responsible for the App.
  • The App Provider has no obligation to furnish any maintenance and support services with respect to the App.
  • In the event of any failure of the App to conform to any applicable warranty, you may notify the App Provider, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Finest International.
  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Finest International will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use.
  • The App Provider and its subsidiaries are third party beneficiaries of these Terms of Use as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms of Use, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as related to your license of the App against you as a third party beneficiary thereof.
  • You must also comply with all applicable third party terms of service when using the App.
  • You agree to comply with all applicable laws and regulations.

 

No Sub-licensing / Reverse Engineering

 

You may not: (i) copy, modify or create derivative works based on the Services; (ii) distribute, transfer, sublicense, lease, lend or rent the Services to any third party; (iii) reverse engineer, decompile or disassemble the Services (except to the extent specifically permitted by applicable law; or (iv) make the functionality of the Services available to multiple users through any means.

 

Privacy Policy

 

Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users.

 

Our Rules about User Content

 

Responsibility

 

You are solely responsible for any listings, messages, reviews, text, photos, videos, graphics, code, or other content or materials that you post, submit, publish, display or link to through the Services or send to other Finest International users (collectively “User Content”). At all times, you must adhere to the then-current Finest International Community Guidelines, which are incorporated into these Terms of Use.

 

Monitoring of User Content

 

Finest International does not approve, control, or endorse your or anyone else’s User Content and has no obligation to do so. However, we reserve the right (but assume no obligation) to remove or modify User Content for any reason, at our sole discretion, including User Content that we believe violates our Terms of Use.

 

Truthfulness

 

You agree to provide accurate, complete, current, and truthful information when you add or edit facts about a property, or otherwise provide content through the Services.

 

Illegal or Harmful Content

 

You agree not to post, submit, or link to any User Content or material that infringes, misappropriates, or violates the rights of any third party (including intellectual property rights), or that is in violation of any federal State or local law, rule or regulation. You also agree not to post, submit, or link to any User Content that is defamatory, obscene, pornographic, indecent, harassing, threatening, abusive, inflammatory or fraudulent, purposely false or misleading or otherwise harmful or that contains a virus or other malicious code.

 

Protection of Third Parties’ Rights

 

You agree not to post copyrighted material without permission from the owner of the copyright. This includes, for example, photographs or other content you upload via the Services. You also agree not to disclose confidential or sensitive information. This includes, but is not limited to, information about neighbors or other information that would potentially be viewed as an invasion of privacy.

 

License to use User Content

 

When you provide User Content via our Services, you hereby grant to Finest International a non-exclusive, worldwide, perpetual, irrevocable, fully paid, royalty-free, and fully sub-licensable and transferable license under any and all intellectual property rights that you own or control to publish, reproduce, distribute, perform, display, adapt, modify and prepare derivative words of, and otherwise use your User Content in connection with our Services. We will not pay you or otherwise compensate you for any User Content you provide to Finest International.

 

User Content Made Public

 

You understand and agree that any User Content that you post or submit to Finest International may be redistributed through the Internet and other media channels, and may be viewed by the general public.

 

Feedback

 

We welcome feedback, comments and suggestions for improvements to the Services. You can submit Feedback by emailing us at welcome@finest.international. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, publicly perform, publicly display and otherwise exploit the Feedback for any purpose.

 

Terms involving claiming your real estate properties

 

  • You will only claim real estate property for which you are the current legal owner and you represent and warrant that the real estate property you are claiming is owned by you and that the details you provide about your real estate property are accurate.
  • You will be required to confirm your email address in order to add or edit facts about your real estate property.
  • If you are no longer the legal owner for a real estate property, you agree to release your claim on the real estate property to permit the current legal owner to subsequently claim the real estate property.
  • If someone has claimed your real estate property in error or is no longer the current legal owner for the real estate property, you agree to dispute the claim on the Sites.
  • We reserve the right in our sole discretion to block or remove claims on real estate property made by you.
  • You acknowledge that information that you provide about your real estate property will be posted in public areas of the Sites and will be available to anyone who visits our Sites.
  • You acknowledge that we may display information about your real estate property from other sources and that there may be discrepancies between the information provided by you and the information provided by these other sources; you hereby release us from liability for any inconsistent information.

Through the Services, users may claim a real estate property found through the Services and provide additional information about such real estate property. If you do so, you agree to the following:

 

 

Finest International User Information Provided to Real Estate Professionals

 

If you are a real estate professional, you agree that you will not use any information about Finest International users that is transferred to you during your use of the Services for any reason except to provide those users with services for which they contacted you. You shall not rent, sell or otherwise provide this information to any third party. Further, you shall not spam, harass or use such information for any illegal or harmful purpose or in any manner that reflects poorly on Finest International. You may only use our Services in compliance with all applicable laws.

 

Intellectual Properties and Licences

 

Protection of Our Services

 

The Services and all materials in the Sites and Services, including our branding, trade dress, trade names, logos, designs, text, search results, graphics, images, pictures, page headers, custom graphics, icons, scripts, sound files and other files, and the selection and arrangement and compilation of information thereof (collectively “Materials”), are proprietary property of Finest International Ltd, its suppliers, its licensors, or its users, and are protected by United Kingdom, US and international intellectual property laws, including copyright and trademark laws. Our Materials cannot be copied, imitated, or used, in whole or in part, without our prior written permission. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services. You may not use any meta tags or any other “hidden text” utilizing “Finest International,” or any other name, trademark, or product name of Finest International Ltd without our permission. Except for the limited licenses expressly granted to you under these Terms of Use or under a separate agreement with Finest International Ltd, there are no other licenses to the Services, whether by implication, estoppel or otherwise.

 

Access to Our Services

 

Subject to these Terms of Use and any other policies we create, we hereby grant you a limited, revocable, non-exclusive, non-transferable and non-sublicensable right to access the applicable Services for your personal, non-commercial, and informational use only. Any unauthorized use of our Sites or Services, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms of Use.

 

App License

 

If you wish to download and use our Apps, then subject to your compliance with these Terms of Use, Finest International hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to download and install a copy of the App on a single mobile device or computer that you own or control and to run such copy of the App solely for your own personal non-commercial purposes.

 

Widgets License

 

If you wish to download and use our Widgets, then subject to your compliance with these Terms of Use, Finest International hereby grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to use and display the Widgets on a website for which you have proper authorization (“your website”) solely for your own use as permitted by this Agreement. You are not licensed to use the Widgets for any other purpose, and nothing in this Agreement shall be deemed to grant you any right, title or interest in the Widgets.

 

Real Estate Source Images

 

Finest International does not assert copyright ownership or grant any rights to the underlying images or descriptions of real estate listings that may be contained in our search results and that we derive from third party sources or owners of such information. Any use of the source images or descriptions is subject to the copyright owner’s permission and/or the requirements of applicable law. Finest International does assert copyright and reserves all right to the search results and associated compilations.

 

Digital Millenium Copyright Act Compliance (For USA)

 

In accordance with the provisions of the US Digital Millennium Copyright Act (DMCA) applicable to Internet service providers (17 U.S.C. § 512), Finest International has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, subscribers or account holders who are deemed to be repeat infringers of other people’s copyrights. If you believe that your work has been copied and has been posted or submitted to the Services in a way that constitutes copyright infringement, please provide Finest International’ copyright agent the following written information:

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • A description of the copyrighted work that you claim has been infringed upon;
  • A description of where the material that you claim is infringing is located on the Sites;
  • Your address, telephone number, and e-mail address;
  • A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Before sending a notice to Finest International, you should confirm that you are the copyright owner or have rights to the copyright, which the DMCA requires. Contact information for notice of claims of copyright infringement is: Finest International SAS, Legal Department, 27 Old Gloucester Street, London, WC1N 3AX, UNITED KINGDOM, Email: legal@finest.international

 

Third Parties Links, Sites and Services

 

Our Services may contain links to third-party websites, advertisements, services, special offers, or other events, activities, or content (collectively “Third-Party Materials”). These Third-Party Materials are not under the control of Finest International. We are providing these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by us of the site or any information contained therein. Finest International is not responsible or liable for your use of or access to any Third-Party Materials. Whenever you leave the Services, be aware that your activity outside our Services will not be governed by our Terms or Use or other agreements.

 

NO WARRANTIES

 

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. ALL USE OF OUR SERVICES IS AT YOUR SOLE RISK.

Finest International makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Services. Finest International takes no responsibility and assumes no liability for any User Content or other content, including links to webpages, that you or any other user or third party posts or transmits using our Services. You understand and agree that you may be exposed to User Content is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose. Finest International is not responsible in any way for, does not monitor, and does not endorse or guarantee anything about any third-party content (including advertisements, offers, and promotions) that may appear in our Services.

 

Indemnification

 

You agree to defend, indemnify, and hold Finest International and its officers, directors, employees and agents harmless from and against any claims, disputes, losses, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys’ and experts’ fees and expenses) arising out of or related to: (i) any User Content you post, store, or otherwise transmit on or through the Services; (ii) your use of the Services; and (iii) your violation of these Terms of Use or your violation of the rights of any third party.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL FINEST INTERNATIONAL, ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, ADVERTISERS, OR LICENSORS BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, PROFITS, GOODWILL OR DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SERVICES.

IN NO EVENT WILL FINEST RESIDENCES’ TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE PAID TO FINEST INTERNATIONAL FOR USE OF THE APPLICABLE SERVICES OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FINEST RESIDENCES, AS APPLICABLE.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FINEST RESIDENCES AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

General Terms

 

Modification of the Services

 

Finest International reserves the right to modify or discontinue (completely or in part) our Services, or any content appearing therein, in whole or in part. Finest International will not be liable to you or any third party if we exercise this right.

 

Modification of These Terms of Use

 

We reserve the right to change or modify these Terms of Use, or any policy or guideline of the Services, at any time and in our sole discretion. If we do so, we will let you know by either posting the modified Terms of Use on the applicable Site or through other communication. Any changes or modification will be effective immediately upon posting of the revisions to the applicable Site. You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Services following the posting of changes or modifications will confirm your acceptance of such changes or modifications. Please review these Terms of Use periodically, and check the version date for changes.

 

Termination

 

We reserve the right, with or without notice and in our sole discretion, to terminate any license to the Services and your access to and use of the Services, in whole or in part, and to block or prevent future access to and use of the Services.

 

No Waiver

 

Finest International’ failure to exercise or enforce any right or provision of the Terms of Use will not be deemed to be a waiver of such right or provision.

 

No Third-Party Beneficiaries or Rights

 

Except for an App Provider, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by these Terms of Use.

 

Entire Agreement and Severability

 

These Terms of Use, and, if applicable, any amendments and additional agreements you might enter with Finest International in connection with our Services, shall constitute the entire agreement between you and Finest International concerning the Services, and shall supersede any prior terms you had with Finest International regarding the Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, then that provision will be limited or eliminated to the minimum extent necessary, and the other provisions of these Terms of Use remain in full force and effect. In the event of a conflict between the terms and conditions of these Term of Use and any additional agreement, such as a Master Service Agreement or a Subscription Agreement, you have entered into with Finest International, the terms of such additional agreement shall control.

 

Assignment

 

You may not assign or transfer these Terms of Use, by operation of law or otherwise, without Finest International’ prior written consent. Any attempt by you to assign or transfer these Terms of Use, without such consent, is null and of no effect. Finest International may freely assign or transfer these Terms of Use without restriction. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of the parties, their successors and permitted assigns.

 

Notices

 

Any notices or other communications provided by Finest International under these Terms of Use, including those regarding modifications to these Terms of Use, will be given: (i) by Finest International via email; or (ii) by posting to the applicable Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

 

Dispute resolution

 

Unless you have entered into an additional agreement with Finest International that provides for an alternative dispute resolution mechanism, you agree to any dispute arising between you and Finest International will be governed by the arbitration procedure outlined below.

 

Governing Law

 

These Terms of Use are governed by the laws of United Kingdom without regard to its conflict of law provisions.

 

Informal Dispute Resolution

 

We want to address your concerns without needing a formal legal case. Before filing a claim against Finest International, you agree to try to resolve the dispute informally by contacting welcome@finest.international. We’ll try to resolve the dispute informally by contacting you through email. If a dispute is not resolved within 15 days after submission, you or Finest International may bring a formal proceeding.

 

Arbitration

 

You and Finest International agree to resolve any claims relating to these Terms of Use through final and binding arbitration, except as set forth under Exceptions to Agreement to Arbitrate below.

 

Opt-out of Agreement to Arbitrate

 

You can decline this agreement to arbitrate by contacting legal@finest.international within 30 days of first accepting these Terms of Use and stating that you decline this arbitration agreement.

 

Arbitration Procedures

 

The International Chamber of Commerce (ICC) will administer the arbitration. The arbitration will be held in United Kingdom or any other location we agree to.

 

Arbitration Fees

 

The ICC (International Chamber of Commerce) rules will govern payment of all arbitration fees.

 

Exceptions to Agreement to Arbitrate

 

Either you or Finest International may assert claims, if they qualify, in the appropriate court. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.

 

No Class Actions

 

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed under our agreement.

 

Judicial Forum for Disputes

 

In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Finest International agree that any judicial proceeding will be brought in the courts of United Kingdom. Both you and Finest International consent to venue and personal jurisdiction there. We both agree to waive our right to a jury trial.

 

Limitation on Claims

 

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services must be filed within one (1) year after such claim or cause of action arose, or else that claim or cause of action will be barred forever.

 

English

 

The parties have required that these Terms of Use and all documents relating thereto be drawn up in English.

 

Contact Information

 

Should you have any request, please contact us.

 

© 2016-2017 Finest International Ltd

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