Welcome to FINEST RESIDENCES, the first global luxury real estate brokerage network of specialised lawyers. Our mission is to represent the interests of clients in their luxury property transactions worldwide and connect them with a curated selection of the best real estate lawyers, brokers, agents and property-related experts (the “Finest Members”).
The Lawyers, Brokers, Agents and other Experts of Finest Residences are hereinafter referred to as the “Finest Residences Members”, the “Finest Members”, the “Members” or “You”.
As a Finest Residences Member, You are provided with technology, marketing tools and relationship opportunities to develop your real estate transactional and general business, your notoriety and your brand image, to showcase, share and improve your expertise, and to network at high level on a global scale.
The present Finest Membership Terms and Conditions (hereinafter the “Agreement”) are a legal agreement entered into between You and Finest International SAS, a licensed real estate brokerage company incorporated in Nice, France under registration number 818 201 063, with registered office at 3 Place Massena 06000 Nice, France, Real Estate Brokerage Licence n° CPI 0605 2018 000 025 072 delivered by the Chamber of Commerce and Industry of Nice-Côte d’Azur, France, Guarantee AXA France IARD SA -313, Terrasses de L’Arche 92727 Nanterre Cedex, (“We”, “Finest Residences” or the “Company”) operating FINEST RESIDENCES, its online platform FinestResidences.com and its related mobile applications (collectively “Finest Residences” or the “Sites”).
The present Agreement governs your membership in Finest Residences (“the Finest Membership”), including your use of the Sites, your access to and your use of the Finest Member Benefits (as defined in Section 2) and Finest Premium Services (as defined in Section 2.5) and any other Finest Membership features.
Please send any notice permitted or required to be provided by this Agreement by email to or via the appropriate Finest Member Care contact form on FinestResidences.com.
BEFORE SIGNING UP AS A FINEST MEMBER, ACCESSING AND USING THE SITES, FINEST MEMBER BENEFITS, FINEST PREMIUM SERVICES, OR ANY OTHER FINEST MEMBERSHIP FEATURE, PLEASE READ CAREFULLY THIS AGREEMENT AS IT GOVERNS YOUR FINEST MEMBERSHIP AND CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES, AND PROVISIONS GOVERNING YOUR FINEST MEMBERSHIP RENEWAL AS SET FORTH IN SECTION 4.1 OF THIS AGREEMENT.
By signing up as a Finest Member, You agree to be bound by this Agreement. Therefore, We encourage You to review it periodically. If You do not agree to this Agreement, You can not sign up as a Finest Member and are not entitled to use as a Finest Member the Sites, Finest Member Benefits, or Finest Premium Services.
Your Finest Membership is also contingent upon your fulfillment of all requirements for the Finest Membership application process, your acceptance by Finest Residences as a Finest Member (as defined herein), the payment of the applicable Finest Membership fees, and your continued compliance with this Agreement. If You do not agree to this Agreement, or breach any of its provisions, your Finest Membership may be suspended or terminated and You will not be able to utilize the Sites as a Finest Member any more. Your continued use of the Sites as a Finest Member signifies your acknowledgment and agreement to be bound by the Agreement.
Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
NOTICE REGARDING THE FINEST MEMBERSHIP
Your Application for Finest Membership and your Finest Membership are “intuitu personae“, that is to say personal to You, even if you sign up for a business entity, your employer, your broker or any third party. your application should be made in your individual name and not a business entity, regardless if your employer, your broker or another entity pays or paid the Finest Membership fees (as defined in Section 4.3) or other fees related to your Finest Membership. Neither your Finest Membership nor the ability to receive the Finest Member Benefits or access the Finest Premium Services will be transferable to your employer, your broker or any third party, except otherwise stated or agreed. You are personally responsible for your Finest Membership and the fees associated therewith.
As between You and others (including your employer or your broker), your Finest Member Account belongs to you. However, if your Finest Membership or any related Service is paid by another party for You to use (e.g. your Finest Membership as a real estate agent paid by your broker), the paying party has the right to control access to, and get reports on your use of such paid Service as well as publishing, editing and deleting the related professional content; however, the paying party does not have rights to your personal Account.
Section 1. Modification of This Agreement
Finest Residences may, in its sole discretion, change or modify this Agreement, the Finest Member Benefits, the Finest Premium Services, or any related Terms and Conditions at any time and from time to time without notice. If Finest Residences does so, a notice of the changes will be posted on the Sites and will indicate the effective date of each new version. Such changes or modifications will be effective immediately upon posting them unless otherwise provided in writing.
Finest Residences may, but does not have any obligation to, notify You of such changes or modifications by email to your email address listed in connection with your Account. Your continued use of the Finest Member Benefits, Finest Premium Services, or the Sites following the posting of such changes constitutes acceptance and agreement to the posted version. It is therefore important that You keep your Account Information current, as detailed in Section 6 below. You will not hold Finest Residences liable and Finest Residences assumes no liability or responsibility for your failure to receive an email notification. You acknowledge and agree that Finest Residences has no obligation to provide You with an email notification of any modifications to the present Agreement and that any email notification provided at any time shall not obligate or create an expectation for Finest Residences to do so in the future.
Finest Residences reserves the right to modify, change, or discontinue any aspect of the Finest Membership at any time. Only a specific, written waiver signed by a Finest Residences’ authorized representative shall have any legal effect as a waiver by Finest Residences of any terms of this Agreement or any other policy.
Section 2. Finest Member Benefits
2.1. General Information
To be accepted as a Finest Member, You must be eligible, submit an Application and be approved as set forth in Section 3 below. Persons who are accepted for Finest Membership are eligible for the then-current benefits included in the Finest Residences (the “Finest Member Benefits”), which may include but are not limited to access to:
- the Finest Residences Marketplace (as described in Section 2.2.1),
- Finest Networking Opportunities (as described in Section 2.2.2),
- Finest Media and Personal Brand Building (as described in Section 2.2.3),
- the Finest Residences Knowledge Platform (as described in Section 2.2.4),
- the Finest Residences Concierge Services (as described in Section 2.2.5), and
- the Finest Premium Services (as described in Section 2.5), when available, some of which may be offered for a fee.
We will make reasonable efforts to ensure that the Finest Member Benefits existing at the time of your acceptance for Finest Membership will remain available throughout the then-current term of your Finest Membership. However, the Finest Member Benefits are subject to change without notice at any time, and from time to time, depending on the needs and value to Finest Residences as determined by Finest Residences from time to time.
The Finest Member Benefits are personal to the Finest Member and shall not be resold, assigned, offered, or transferred to any party except as expressly provided herein or otherwise as approved by Finest Residences in writing. If You are in breach of this Agreement, including the failure to pay amounts due to the Company hereunder, your Finest Membership and/or your ability to utilize the Finest Member Benefits may be suspended or terminated.
2.2 Particular Finest Member Benefits
To the extent provided as part of the then-current Finest Member Benefits, a general description of the Finest Member Benefits is as follows in Sections 2.2.1 through 2.2.5:
2.2.1. The Finest Residences Marketplace
The Finest Residences Marketplace is an online marketplace of luxury real estate properties for sale and rent proposed by Finest Members and curated by Finest Residences (The “Property Offerings”). The rental or purchase of these properties are accessible under separate eligibility requirements, and require the execution of separate agreements.
You and the Clients that You represent as a Finest Member are solely responsible for complying with any terms or agreements You enter into in connection with a Property Offering.
You will maintain in strict confidence all proprietary and confidential information You receive in connection with a Property Offering, including but not limited to pricing information, proposals, agreements, organizational documents, software, and printed and electronic catalogs. your obligation to maintain the confidentiality of such information shall remain in effect continuously throughout the period of your use of a Property Offering and for two (2) years after its expiration or termination.
Finest Residences makes no representation or warranty regarding the Property Offerings or their initial or ongoing availability. Unless otherwise specifically agreed, neither Finest Residences nor its licensors have any liability or responsibility in connection with the management, redemption, provision or marketing of such Property Offerings nor the products and/or services purchased or obtained in connection thereto.
UNLESS YOU PROVIDE EMAIL NOTICE TO THE FINEST MEMBER CARE SERVICE, WITH THE SUBJECT HEADLINE “FINEST MARKETPLACE PROGRAM OPT-OUT”, YOU HEREBY CONSENT TO THE USE BY FINEST RESIDENCES OF YOUR NAME, COMPANY NAME, WORK PHONE, AND EMAIL ADDRESS FOR THE PURPOSES OF NETWORKING WITH OTHER FINEST MEMBERS AND/OR MAKING PROPERTY OFFERINGS POTENTIALLY AVAILABLE TO YOU IN CONNECTION WITH YOUR FINEST MEMBERSHIP. PLEASE NOT THAT IF YOU OPT-OUT AS SET FORTH IN THE FOREGOING SENTENCES, YOU MAY NOT BE ELIGIBLE FOR CERTAIN PROPERTY OFFERINGS AVAILABLE TO OTHER FINEST MEMBERS.
2.2.2. Networking Opportunities
As a Finest Member, you have the opportunity to network with other Finest Members and Partners, privately through communication tools provided on FinestResidences.com or elsewhere or the means of your choice, or through networking events for the purposes of sharing information, experiences, or advices or making personal or professional connections with other Finest Members and Partners.
While We encourage Finest Members and Partners to utilize the Networking Opportunities, each is expected to do so in a professional, courteous manner, which respects the other Finest Member’s and Finest Partner’s time, privacy and wishes. Each Finest Member and Finest Partner is expected to comply with the Finest Residences Code of Conduct (defined in Section 10), and shall not:
- send an unsolicited generic/blanket message to other Finest Members or Finest Partners or otherwise contact all or substantially all of them or act in any other manner which could be construed as a generalized solicitation or “spam”;
- send directly or indirectly an unsolicited message related to the sale of products, services, investment, employment or other opportunities to other Finest Members or Finest Partners;
- solicit directly or indirectly information, including, but not limited to, contact information from Finest Members or Finest Partners for the purpose of proposing unsolicited sale of products or services, or other commercial use; and
- ignore any other Finest Member’s or Finest Partner’s privacy settings or contact (or non-contact) requests or otherwise engage in any conduct which may be deemed by Finest Residences or other Finest Members or Finest Partners as harassing.
Finest Residences does not guarantee any opportunity to meet or connect with any other Finest Member, Finest Partner or other resource. Any connection with another Finest Member or Finest Partner shall be solely determined by the other Finest Member or Finest Partner.
There may be additional terms, conditions, fees or charges in connection with certain events or networking opportunities.
2.2.3. Finest Media and Personal Brand Building
As a Finest Member, you have the opportunity to potentially participate in media and branding opportunities, including, but not limited to, writing articles, editorial content, contributions to thought pieces, giving expert interviews, and presenting webinars and similar opportunities (collectively the “Finest Media and Personal Brand Building”).
The Finest Media and Personal Brand Building is only an opportunity to potentially participate or submit materials in connection with media opportunities. Your Finest Membership does not guarantee your acceptance or participation in any minimum number, any opportunities or any favorable or beneficial results from acceptance or participation. Your acceptance or participation in any opportunity does not constitute your acceptance or right to participate in any future opportunity.
The determination of whether or not You shall be involved with or your submission shall be published and/or utilized in connection may be determined by the third-party who controls such opportunity, and/or Finest Residences, as the case may be.
You may be required to agree to additional guidelines, editorial revisions, conditions and/or agreements prior to the publication or participation in any Finest Media and Personal Brand Building opportunity and disclose any potential conflicts of interest with respect to such publication or opportunity.
Certain Finest Media and Personal Brand Building opportunities may be open or available for only a limited number or certain Finest Members who meet specific criteria and may not be available to all Finest Members.
Any applicable deadlines, terms, requirements or instructions in connection with publishing any Finest Member Content (as defined in Section 11) or the availability of any Finest Media and Personal Brand Building opportunity shall be determined by the third-party who controls such opportunity, or Finest Residences, as applicable.
Finest Residences makes no guarantee as to the timing, viewership, publicity of, or results derived from any marketing or promotional material, including, but not limited to, Finest Member Content and Finest Media and Personal Brand Building opportunities.
All content submitted in connection with a Finest Media and Personal Brand Building opportunity is Finest Member Content and subject to all conditions set forth in Section 11.3.
PLEASE BE AWARE THAT ONCE YOUR CONTENT IS PUBLISHED OR OTHERWISE POSTED, FINEST INTERNATIONAL MAY NOT BE ABLE TO REMOVE SUCH PUBLICATION OR POST AND SHALL HAVE NO OBLIGATION OR LIABILITY FOR FAILURE TO DO SO.
YOU ACKNOWLEDGE AND AGREE THAT FINEST INTERNATIONAL MAY, IN ITS SOLE DISCRETION, CAUSE ANY CONTENT SUBMITTED IN CONNECTION WITH A FINEST MEDIA AND PERSONAL BRAND BUILDING OPPORTUNITY TO BE PUBLISHED AS “NATIVE ADVERTISEMENTS” UPON THIRD-PARTY WEBSITES AND/OR THE SITES, AND ACCORDINGLY SUCH CONTENT SHALL NOT CONTAIN ANY ENDORSEMENT, ADVERTISEMENT, PROMOTION, RECOMMENDATION OR TESTIMONIAL IN CONNECTION WITH ANY BRAND, PRODUCT OR SERVICE UNLESS IT CONTAINS ALL DISCLOSURES REQUIRED BY RELEVANT GOVERNMENT REGULATORY AUTHORITIES AND REGULATIONS. SUCH REQUIRED DISCLOSURES INCLUDE, BUT ARE NOT LIMITED TO, DISCLOSURE IF YOU OR ANY OF YOUR RELATIVES, AFFILIATES, OR COMPANIES IN WHICH YOU HOLD GREATER THAN A 25% INTEREST HAVE RECEIVED OR WILL RECEIVE COMPENSATION, FREE OR DISCOUNTED PRODUCTS OR SERVICES, OR ANY OTHER CONSIDERATION FOR THE PUBLICATION OF SUCH CONTENT, AND IF YOU HAVE ANY OTHER MATERIAL RELATIONSHIP IN CONNECTION WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN SUCH CONTENT. IN ADDITION, YOU MUST EXPRESSLY NOTIFY FINEST INTERNATIONAL IN WRITING OR BY EMAIL REFERENCING THIS SECTION AT THE TIME OF SUBMISSION OF ANY MATERIAL CONNECTION YOU HAVE WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN ANY SUBMITTED CONTENT. YOU WILL NOT SOLICIT, MARKET, OR RESELL ACCESS TO FINEST RESIDENCES, ITS FINEST MEMBERS, ANY FINEST MEMBER BENEFITS, OR FINEST PREMIUM SERVICES TO THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OFFERING TO INCLUDE A THIRD PARTY’S SERVICES, PRODUCTS OR LINKS IN FINEST MEMBER CONTENT, OR TO POSITIVELY PORTRAY A THIRD PARTY’S PRODUCTS OR SERVICES FOR A FEE.
2.2.4. Finest Knowledge Platform
In connection with your Finest Membership, Finest Residences may make available a platform, information site or other resources for the publication of information, videos, and materials which we believe may be of your interest. The information, videos, and materials are made available solely for general information and opinion purposes. Finest Residences does not warrant the accuracy, completeness or usefulness of this information. Any reliance You place on such information is strictly at your own risk. Finest Residences disclaims all liability and responsibility arising from any reliance or actions based on such information and materials by You or any other visitor to the Sites, or by anyone who may be informed of such content.
The Sites may include content materials provided by third parties, including other Finest Members, users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Finest Residences or its licensors. Neither Finest Residences nor its licensors are responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
2.2.5. Finest Concierge Service
Finest Residences may provide concierge level resource support by phone, email, social media or other digital means for the purpose of utilizing the Finest Member Benefits and the Finest Premium Services. If concierge level resource support is provided, You hereby consent to allow Finest Residences, for training, quality assurance or other purposes, in the Company’s sole discretion, to record the entirety of any calls or communications in which You utilize the Finest Concierge support, regardless of whether the Company asks You for consent to record a particular call or communication.
2.3. Special or Additional Terms
Your purchase and continued use of any particular Finest Member Benefit shall be conditioned upon and an acknowledgment of your acceptance of the then-current Finest Member Benefits Terms for such Finest Member Benefit. We, therefore, encourage You to routinely review the Finest Member Benefits Terms, which are subject to change from time to time without notice. Except otherwise stated or agreed, the Finest Member Benefits shall be considered as a part of the present Agreement.
2.4. Trial Benefits
From time to time, Finest Residences may offer new Finest Member Benefits or new features in a pre-release version or limited preview basis (“Trial Releases”). If You elect to utilize or participate in the Trial Releases, then your use is subject to the following terms and conditions:
- You acknowledge and agree that the Trial Releases are provided “as-is” and may not work without error;
- such Trial Releases when commercially released may change substantially and at any time;
- We may limit the number of participants in the Trial Releases and/or the Client service or support time dedicated to supporting the Trial Releases;
- You may be required to provide feedback regarding your use and experience with the Trial Releases; and
- all information regarding your use of the Trial Releases, including your experience with and opinions in relation thereto shall be treated by You as confidential, and may not be used for any purpose other than providing feedback to the Company.
TO THE FULLEST EXTENT PERMITTED BY LAW, FINEST INTERNATIONAL DISCLAIMS ANY AND ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, WITH RESPECT TO THE TRIAL RELEASES INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT.
2.5. Finest Premium Services
Finest Residences may, in its sole discretion, offer additional optional offerings for an additional fee (the “Finest Premium Services”). The Finest Premium Services may be offered for a specific period of time or a specific unit of measure as set forth in writing. Finest Premium Service offerings are subject to change without notice, as determined by Finest Residences from time to time.
To be eligible for Finest Premium Services, You must be a Finest Member in good standing and not in breach of the present Agreement. The Finest Premium Services are personal to the Finest Member and, except otherwise set forth in writing, may not be resold, assigned, or transferred to any other party.
In addition to Sections 2.5.1, 2.5.2. and 2.5.3 below, the specifications and/or additional terms pertaining to the particular Finest Premium Services are set forth in the present Agreement.
Except as otherwise set forth in writing, each Finest Premium Service You purchase will expire the earlier of one year, or the termination of your Finest Membership for any reason. Please note that upon the expiration or termination of your Finest Premium Service term for whatever reason, including the termination of your Finest Membership, You will not be entitled to any refund for any unused portion of the Finest Premium Service(s).
2.5.1. Editorial Service
The Editorial Service provides Finest Members with access to professional writers to collaborate with to create original editorial content. The Editorial Services may be available in bundled packages of a certain number of articles which may be published on media platform(s) Partners as set forth in the Editorial Services descriptions.
Please note that your failure to submit article(s) for publication may result in the loss of any unused portion of the bundle if the article(s) are not submitted within the earlier of:
- the time set forth in the Editorial Service Terms, or
- the end of your Finest Membership, or
- the Editorial Service Expiration Date. The “Editorial Service Expiration Date” is the date starting from the date of your initial payment of Editorial Service to the date determined by multiplying the number of articles purchased by the Finest Member by sixty (60) days (for illustrative purposes only: a purchase of three (3) Editorial Service articles results in one hundred eighty (180) days to submit all three (3) articles). Please not that any unused portion of the Editorial Service bundle will not be carried over to another period or be refunded.
While Finest Residences will use reasonable efforts to honor timing requirements, deadlines, including, publication dates, We make no warranty or guarantee that your articles will be published within the requested time. In order to meet turnaround-timing requests, You must provide complete and thoroughly detailed responses to the Editorial creator, including, but not limited to, a list of article concepts and answers to Editorial creator’s questions.
2.5.2. Special Webinars
“Special Webinars” are digital peer group meetings facilitated by a moderator consisting of a selected group of individuals with shared interests, professions, or other business activities to provide results-based support and accountability. You acknowledge and agree that:
- the Special Webinars are performed using the technological platform Zoom®, property of Zoom Video Communications inc. (“Zoom”), a third-party service provider with no affiliation to Finest Residences;
- your purchase and participation in the Special Webinar are also subject to Zoom’s terms and conditions;
- Finest Residences has not made any representation or warranty about the Special Webinars or the results thereof, and
- Finest Residences is not responsible or liable for the Finest Member’s engagement with Zoom.
2.5.3. Magnify Service
The Magnify Service provides Finest Members the ability to promote their content published on Finest Residences’ social media. The Magnify Service is intended to give a Finest Member’s published content a higher visibility during a certain period of time or certain volume of impressions and reads. The Finest Member will receive a report at the end of the campaign.
Section 3. The Finest Membership
3.1. Eligibility and Application
The Finest Membership is opened to:
- Lawyers whose specialization, expertise or main field of activity is real estate law and related matters, such as but not limited to real estate financing;
- Real estate brokers and agents proposing luxury properties for sale or rent;
The Finest Members are granted as such through a selective application process and approved for membership by Finest Residences in its sole discretion. In order to qualify for consideration as a Finest Member, You must :
- submit an application for Finest Membership (the “Finest Membership Application”);
- submit to any background checks and answer due diligence questions truthfully and honestly; and
- have such other qualifications for Finest Membership as set forth above.
By submitting your Application, You represent and warrant that You fit the eligibility requirements for Finest Membership and that all information included in your Application or in connection with the registration process including but not limited to personal and/or professional information is accurate, current and complete.
Finest Residences shall announce You its decision regarding your Application by email to the address set forth in your Application as soon as it is practical (“Finest Residences Application Announcement”).
Should your Application be approved, You will be required to complete your Registration by creating a Username and a Password, providing your Account Information (as defined in Section 6), selecting your Finest Membership Level and paying the Applicable Finest Membership Fee. You will then be welcome to begin utilizing the Sites, enjoying the Finest Member Benefits, and the Finest Premium Services, as applicable.
Please note that failure to pay your Finest Membership Fee within fifteen (15) days of receipt of a Finest Membership Application Announcement and the following invoice may result in the revocation of your acceptance.
Finest Residences is under no obligation to approve any Application or otherwise to explain or disclose the reasoning behind any membership decisions to any applicant or other third parties.
Section 4. Finest Membership Term, Termination, Renewal Term and Fee
4.1. Finest Membership Term
Your Finest Membership is granted for one year and shall be effective upon the day of your acceptance of your Application by Finest Residences as set forth above. The Finest Membership is subjected to a first commitment of twelve months, after which You are free to terminate Your Membership subject to 30 days’ notice. The Finest Membership Term and any Renewal Terms are collectively referred to herein as the “Term”. Upon expiration, on the anniversary date, your Finest Membership shall be renewed yearly or from month to month according to your choice, by tacit agreement (the “Renewal Term”) unless either You or Finest Residences terminate your Finest Membership by written notice no later than thirty (30) days before its expiration. Provided that You have timely terminated your Finest Membership, the Finest Membership Fee paid in advance for the Renewal Term shall be refunded pro rata by Finest Residences if applicable. The Finest Membership service being highly personalised, you acknowledge that any withdrawal period cannot be applied.
4.2. Finest Membership Termination
Notwithstanding the foregoing, Finest Residences may suspend or terminate your Finest Membership and this Agreement immediately on notice in the event You:
- violate any provision of the present Agreement;
- fail to pay any amount due to Finest Residences when due and such failure continues for fifteen (15) days after the Company’s delivery of written or email notice of nonpayment;
- fail to pay any amount when due more than two (2) times in any twelve (12) month period;
- reproduce confidential communications with a Finest Member without his written consent;
- are the subject of complaints from Finest Members regarding your conduct, the veracity of which will be determined by Finest Residences after investigation;
- misrepresent or include false information in your Application or during the Application or registration process;
- violate any rules of professional conduct to which You are subject;
- become the subject of a criminal or civil investigation for a felony or any acts of moral turpitude or dishonesty;
- are charged with or convicted of any felony or any misdemeanor involving moral turpitude or dishonesty;
- engage in conduct which, if publicly revealed, would harm the esteem of Finest Residences, whether or not such conduct constitutes crimes;
- enroll as a Finest Member for another purpose than to utilize the Finest Member Benefits (in the Company’s reasonable discretion);
- solicits, markets, or sells access to Finest Residences or any Finest Member Benefits to third parties, including, but not limited to, offering to include a third party’s services, products or links in Finest Member Content, or to positively portray a third party’s products or services for a fee, or offering, promoting, or advertising introductions or access to any other Finest Members;
- solicit other Finest Members for the unsolicited sale of products, services, or investments, whether within the Sites or elsewhere; or
- do anything which, in Finest Residences’s reasonable discretion, is harmful to the Company’s reputation or goodwill.
4.3. Finest Membership Fee
The Finest Membership Fees may vary according to the Finest Membership level. They cover your Finest Membership for one month or twelve month according to your choice. You can find the various level of Finest Membership and their associated Fees at https://www.finestresidences.com/memberships.
The Finest Membership Fees associated with your Finest Membership do not guarantee any benefits or results except as provided hereunder. All fees for Finest Member Benefits are non-refundable unless otherwise noted in any Finest Member Benefits Terms, even if your access or use of the Sites or Finest Member Benefits are suspended, terminated, or transferred prior to the end of the Finest Membership Term.
Finest Residences reserves the right to change or modify its Finest Membership Fees for the next Term and any Finest Member Benefits Terms upon thirty (30) days’ electronic notice to You, which such changes or modifications shall be posted online at the Sites or as otherwise permitted in the Finest Residences Terms and effective without need for further notice to You. Changes in prices and fees will be effective when your Finest Membership is renewed. The change will be effective no less than thirty (30) days after posting of the change.
Unless as otherwise set forth in this Agreement, the Finest Membership Fee shall be due in full upon the commencement of the Finest Membership Term and upon the commencement of each Renewal Term. EVEN IF THE PRESENT AGREEMENT PERMITS PAYMENT OF THE ANNUAL FINEST MEMBERSHIP FEE ON A MONTHLY, QUARTERLY OR SEMI-ANNUAL BASIS, SUCH OPTION SHALL MERELY BE A PAYMENT PLAN OPTION AND SHALL NOT AFFECT THE FINEST MEMBERSHIP TERM, WHICH SHALL STILL BE ON AN ANNUAL BASIS AND THE ANNUAL FINEST MEMBERSHIP FEE FOR THE ENTIRE YEAR SHALL STILL BE DUE, AND UNDER NO CIRCUMSTANCE SHOULD SUCH PAYMENT PLAN OPTION CONSTITUTE PAYMENT FOR RENEWAL TERMS.
FINEST INTERNATIONAL MAY OFFER AN AUTOMATIC RENEWAL OPTION. IN THE EVENT THAT AN AUTOMATIC RENEWAL OPTION IS AVAILABLE AND YOU DO NOT OPT-OUT OF SUCH AN OPTION AS SET FORTH IN SECTION 4.1, STRIPE PAYMENTS EUROPE, LTD (“STRIPE”), USED BY FINEST INTERNATIONAL AS A PAYMENT SOLUTION WILL SECURELY KEEP YOUR PAYMENT METHOD INFORMATION, AND YOU HEREBY AUTHORIZE FINEST INTERNATIONAL TO CHARGE YOUR PAYMENT METHOD WHEN YOUR FINEST MEMBERSHIP TERM OR AN ADDITIONAL CHARGE IN CONNECTION WITH A FINEST MEMBER BENEFIT TERM IS UP FOR RENEWAL THEREBY AUTOMATICALLY RENEWING THE SAME FOR THE SAME PERIOD OF TIME AS THE PRIOR TERM.
If for any reason Finest Residences is unable to charge your Payment Method for the full amount owed or if Finest Residences receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, You agree that Finest Residences may:
- pursue all available lawful remedies in order to obtain payment, including but not limited to, suspension of your Finest Membership or any Finest Member Benefit in connection thereto, without notice to You;
- suspend or terminate your Account; and
- in the event that Finest Residences pursues any action for the collection of monies due from You hereunder, Finest Residences will be entitled to reimbursement of its costs and expenses in connection with such actions including any attorneys or arbitrator fees.
In the event of suspected fraudulent activity or erroneous charges on or in connection with your Account or Payment Method, You will contact the Finest Member Care Service as soon as possible with the subject line “Suspected Fraudulent Activity” or “Erroneous Charges”.
If your Finest Membership is terminated for any reason, You shall not be entitled to a refund of any portion of your Annual Finest Membership Fee, though Finest Residences may refund all or a portion of it with or without the requirement of the execution of a release. Notwithstanding the foregoing, Annual Finest Membership Fee refunds are available under the following circumstances:
- within the first thirty (30) days of the Initial Finest Membership Term as set forth in Section 4.1 or
- within the first fifteen (15) days of a Renewal Term as set forth in Section 4.1.
You shall not be entitled to a refund of your Annual Finest Membership Fee on the belief that your Finest Membership was unsatisfactory or did not live up to your expectations. If refunds are issued to your Payment Method, Finest Residences’s issuance of a refund receipt is the only confirmation that the Company has submitted your refund to the Payment Method charged at the time of the original sale. You acknowledge that Finest Residences has absolutely no control over when the refund will be applied toward your Payment Method’s available balance.
Section 5. Transfer of your Finest Membership
Your Finest Membership is personal to You and not the property of your employer or your company, even if your employer or company pays for the Finest Membership on your behalf. Therefore, if your employment status changes, your Finest Membership will not be affected, subject to the condition that You remain eligible to the Finest Membership pursuant to the present Agreement. Additionally, if your contact information or employment status changes during the Term of your Finest Membership, You must immediately notify Finest Residences of such change.
Your Finest Membership is not transferable, except in limited circumstances, where Finest Residences may, at your request and in its sole and absolute discretion, transfer your Finest Membership, use of the Sites, or any Finest Member Benefits or Premium Services to another individual, but is in no event obligated or required to do so.
Section 6. Account Information
6.1. Account General Information
In order to access the Finest Member Benefits, Finest Premium Services and some features of the Sites, You will be required to create a Profile or Account, which shall include, but not be limited to, your username, password and contact information (including professional mailing and/or professional email address). You represent and warrant to Finest Residences that all information You submit when You create your profile or account is current, accurate, complete, and that You will keep your Account Information current, accurate and complete and notify Finest Residences of any changes to your Account Information.
In the creation of your profile or account, You are not impersonating any third party or otherwise using any third party’s information without their written approval. If Finest Residences has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, the Company reserves the right, in its sole discretion, to suspend or terminate your Finest Membership, and/or suspend your use of the Sites, and any Finest Member Benefits or Premium Services. At all times, You shall keep your Profile or Account personal to You and not permit any third party to access your Profile, Account, or Account Information.
6.2 Finest Member Profile
Each new Finest Member must complete and keep their Profile up-to-date on the Sites. The Finest Member grants Finest Residences the right and authority to complete the Finest Member’s profile on his/her behalf if necessary, based upon the information given by the Finest Member to Finest Residences and other such as publicly available information, including, but not limited to information on the Finest Member’s social media accounts. While Finest Residences will attempt to present the Finest Member’s information accurately, it is the Finest Member’s responsibility to correct and update all information on his/her Profile. You agree that Finest Residences will not be responsible for and you will hold Finest Residences harmless from and against any inaccuracy or misrepresentation appearing on your profile.
6.3. Account Information Security
You are solely responsible for the activity that occurs in connection with your account, whether authorized by You or not, and You must keep your Account Information secure, including, without limitation, your user name and password. You must notify Finest Residences immediately of any breach of security or unauthorized use of your Account by emailing the Finest Member Care Service, writing “Unauthorized Use of Account Information” in the subject line. Finest Residences will not be liable for any loss You incur due to any unauthorized or improper use of your Account Information by You or third parties. You, however, may be liable for any loss Finest Residences or others incur caused by use of your Account Information, whether caused by You, or by an authorized or unauthorized person.
6.4. Communications with Finest Residences
You agree that Finest Residences may from time-to-time call, email or otherwise communicate with You about your Account. You hereby consent to allow Finest Residences to record the entirety of such calls or communications regardless of whether the Company asks You on any particular call for consent to record such call or communication. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) or communication(s) may be submitted in evidence in any legal proceeding in which Finest Residences is a party.
Section 7. Availability of the Sites and the Member Benefits
Finest Residences shall use commercially reasonable efforts to provide uninterrupted access to the Sites and Finest Member Benefits each and every day. From time to time the Sites or Finest Member Benefits may be inaccessible or inoperable for any reasons within or outside of Fines Residences’ control including, but not limited to, maintenance, repairs, updates, upgrades, equipment malfunctions or other reasons that are not reasonably foreseeable such as interruption or failure of telecommunication or digital transmission links, network congestion or other failures. We have no control over the availability of the Sites or Finest Member Benefits on a continuous or uninterrupted basis, and We assume no liability to You or any other party with regard thereto.
Except as expressly set forth in writing in the Terms of a particular Finest Member Benefit, You shall not be entitled to any refund, credits or set-offs of or against your Finest Annual Membership Fee or other fees incurred in connection herewith for any interruption of the Sites or Finest Member Benefits or lack of availability of any Finest Member Benefits whether due to unavailability, suspension or termination of your Finest Membership or otherwise.
Section 8. Pricing and Availability
With respect to its advertising, offering or sale of any of the Finest Member Benefits, including, but not limited to, the Marketplace Property Offerings or Finest Premium Services, Finest Residences attempts to describe such Finest Member Benefits as accurately as possible. Nevertheless, Finest Residences does not warrant that at any time, the descriptions, pricing, availability, or other information relating to the advertising, offering, or sale of the Finest Member Benefits or Finest Premium Services, or marketing materials, promotional flyers, advertisements, or other printed or electronic materials related thereto (collectively, the “Benefits Materials”) is accurate, complete, reliable, current, or error-free. Despite our commercially reasonable efforts, it is possible that Benefits Materials may be mispriced, described inaccurately, unavailable depending on the jurisdiction or if offered by or through any third parties or a Finest Member or Partner unavailable or subject to additional terms at such time.
In the event Finest Residences determines that any Finest Member Benefit or Finest Premium Service is mispriced, described inaccurately, or unavailable, the Company reserves the right to take any action it deems reasonable and necessary to rectify the error, without providing notice to You, including without limitation, canceling your purchase or other use of the Finest Member Benefit and refunding a pro-rata portion of the amounts paid for such Finest Member Benefit.
You agree to notify Finest Residences immediately if You become aware of any pricing or descriptive errors or inconsistencies with any Finest Member Benefits or Premium Services You order and comply with any corrective action taken by the Company. Notwithstanding anything else contained herein, in no event shall Finest Residences be required or You be entitled to a refund of any portion of the Annual Finest Membership Fee or other fees regardless of whether or not any Finest Member Benefits or Premium Services were mispriced, described inaccurately or unavailable for any reason.
Section 9. Marketing Materials and Promotional Services
Finest Residences may modify the scope of the Promotional Services it offers at any time without additional notice to You. The Company may offer Promotional Services only to new or selected Finest Members based on specific criteria She determined and You may not be eligible for some or all of the Promotional Service offerings. If You are offered promotional or special pricing by Finest Residences on any of the Finest Member Benefits, You agree to keep the pricing information strictly confidential and shall not disclose such information to any third party without the written consent of Finest Residences. You understand and agree that the fees associated with Promotional Services may be non-refundable as defined in the terms of any agreement accompanying any Promotional Services.
Section 10. Finest Residences Code of Conduct
10.1. As a Finest Member, You:
- commit to comply with all applicable laws, rules and regulations in your country and the countries involved in your real estate transactions with other Finest Members and Finest Residences’ Clients;
- will not participate to any illegal purposes or promotion or encouragement of any illegal activity, including, but not limited to, any acts of terrorism, violence against people or property;
- will not use your quality of Finest Member for any libelous, defamatory, unlawful, illegal, pornographic, indecent, offensive, obscene, bigoted, hateful or discriminatory purposes;
- will not infringe the intellectual property or other right of any person or entity or otherwise violate any privacy or publicity rights or impersonate any other person;
- will not participate in any action in a manner which infringes any duty of confidentiality that You owe to another person or entity;
- will not use your quality of Finest Member for anti-social, disruptive, or illegal purposes including but not limited to “spamming”, “trolling”, “flooding”, “bullying” or otherwise to harvest (or permit anyone else to harvest) any content contained on the Sites or any non-public or personally identifiable information about another user or entity;
- will not interfere with the operation of the Sites or the Finest Member Benefits or otherwise introduce any viruses, worms, bugs, “Trojan Horses” or other codes or programs designed to, or capable of disrupting, damaging or limiting the functionality of any software or hardware;
- will not produce any false, deceptive or unsubstantiated or comparative claims about Finest Residences, Finest Member Benefits, or the Finest Members;
- will not harass, demean or negatively affect the personal or professional reputation of Finest Residences or any other Finest Member.
- will refrain from sharing your passwords for use of the Sites;
- will at all times reflect positively on Finest Residences and You will not take any action which will in the Company’s sole opinion reflect negatively on the Company and the Finest Members ;
- will not, nor induce any third party to, attempt to disable or circumvent any security mechanisms used by Finest Residences or otherwise attempt to gain unauthorized access to any portion of the Sites or to any Finest Member Benefit for which You have not subscribed, or to any other systems or networks connected to the Sites, or to any server of Finest Residences or its third party service providers, by hacking, password “mining,” or any other illegal means;
- will not, nor induce any third party to, use any “deep-link,” “page-scrape,” “robot,” “spider,” or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Sites or any Finest Member Benefits;
- will not, nor induce any third party to, use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Sites or with any other person’s use of the Sites;
- will not, nor induce any third party to, track or seek to trace any information on any other person who visits the Sites;
- will not, nor induce any third party to, use the Sites in any connection with any illegal purpose under local, State or federal law;
- will not, nor induce any third party to, copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise apply to the Sites, Finest Member’s Content, Finest Residences’ Content, Finest Member Benefits, or Finest Premium Services;
- will not publish or reproduce any screenshots which include any personally identifying information of any the Company representative or employee;
- will not publish, reproduce or describe the contents of any communications from Finest Residences, including, but not limited to any descriptions or content describing the Finest Member Benefits, Finest Premium Services, or anything related to Finest Membership without the expressly consent of Finest Residences;
- will not use the Sites for the purposes of developing or operating a product or service which is competitive with Finest Residences or otherwise with the intent to solicit Finest Members or otherwise encourage Finest Members to discontinue their use of Finest Residences.
10.2. You represent and warrant that:
- You are liable for any and all uses of the Sites or Finest Member Benefits utilizing your Account Information;
- You will not copy or distribute in any medium any part of the Sites, including but not limited to the Finest Residences’ Content (as defined below) except without express consent of Finest Residences;
- You will not resell, provide any part or portion of, or otherwise advertise access to Finest Residences or Finest Members, the Finest Member Benefits, or the Finest Premium Services to third parties for a fee or otherwise to compete with Finest Residences, including, but not limited, offering to include a third party’s services, products or links in Finest Member Content, to positively portray a third party’s products or services for a fee; and
- You agree not to circumvent, disable or otherwise interfere with the security-related features of the Sites, including without limitation those features that prevent or restrict use or copying of any content or enforce limitations on the use of the Sites.
10.3. Finest Residences does not guarantee that other Finest Members are or will be complying with the Finest Member Code of Conduct or any other portion of the Policies, and your use of the Sites and Finest Member Benefits or Finest Premium Services are at your own risk. Should You have a good faith belief that any Finest Member is engaged in any activity which violates the Finest Member Code of Conduct, We ask You to contact the Finest Member Care Service and in the subject line, please type “Finest Residences Code Of Conduct”.
10.4. In addition to any and all other remedies at law, Finest Residences may suspend or terminate a Finest Membership at any time in the event that the Company believes in its sole discretion that the concerned Finest Member has violated the Finest Residences Code of Conduct, including during interactions with finest Residences, with other Finest Members, or with third parties.
Section 11. Use of Finest Residences Content and Finest Member Content
11.1. Finest Member’s Content
Some of the features of the Sites, Finest Member Benefits, or Finest Premium Services may allow Finest Members to submit, post, publish, share, store, or manage certain text, stories, artwork, images, photographs, videos, messages, ideas, concepts, opinions, musical compositions, audio-visual works or other materials (“Finest Member Content”). Any and all materials or content submitted through your account or using your Account Information shall be considered Finest Member Content. By posting or publishing Finest Member Content to the Sites, or otherwise making such Finest Member Content publicly available in connection with the Finest Member Benefits, You represent and warrant to Finest Residences that:
- submission of Finest Member Content is entirely voluntary;
- You have all necessary rights to distribute Finest Member Content via the Sites or otherwise as publicly published, either because You are the sole author of the Finest Member Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owners of the Finest Member Content without any restriction;
- the Finest Member Content is original and not previously published in any form;
- the Finest Member Content will not knowingly contain any untrue statements or material that is deceptive, fraudulent or intentionally misleading, and all statements in the Finest Member Content which are asserted as facts are true and based upon reasonable research for accuracy;
- the Finest Member Content does not violate any rights of privacy or infringe upon any statutory or common law copyright or otherwise violate the rights of any third party or any applicable law or regulation; and
- the posting or publishing of the Finest Member Content shall not violate the Finest Residences Code of Conduct as provided herein.
You shall indemnify Finest Residences and hold Finest Residences harmless against any liability, cost or expense, including reasonable attorneys’ fees, incurred as a result of any breach of the foregoing representations or warranties. For the purposes of this Section, any public communications between You and another Finest Member using the Sites shall be deemed to be Finest Member Content and shall not be reproduced, republished or otherwise utilized by You in contravention to this Section or the Finest Residences Code of Conduct. If You use third party content in the Finest Member Content, it is your responsibility, at your expense, to obtain all approvals, consents, licenses, or otherwise clear the third party content in the Finest Member Content. If such third party content is not cleared, You shall not use it in the Finest Member Content. Notwithstanding, Finest Residences has no obligation other than those imposed by law to remove any published Finest Member Content, except in its sole and absolute discretion.
In order to publish Finest Member Content to certain third-party websites or other media channels, You may be required to comply with additional guidelines or approvals and/or execute additional or acknowledge additional terms or agreements with such third party.
Further, if You submit, post, or publish Finest Member Content, it is at your own risk, and that You shall be solely responsible for any liability related thereto and further that Finest Residences reserves the right, in its sole discretion, to:
- review, edit, remove or refuse to post any Finest Member Content for any reason;
- take any action with respect to any Finest Member Content that We deem necessary or appropriate, including if We believe that such Finest Member Content violates these Terms, infringes any intellectual property right or other rights of any person or entity, threatens the personal safety of other Finest Members, users of the Sites or the public or could create liability for Finest Residences;
- disclose your identity or other information about You to any third party who claims that material posted by You violates their rights, including but not limited to their intellectual property rights or their right to privacy;
- take appropriate legal action, including, without limitation, referral to law enforcement;
- terminate or suspend your access to all or part of the Sites or Finest Member Benefits for any or no reason, including without limitation, any violation of these terms or the Policies.
Without limiting the foregoing, Finest Residences has the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Sites. YOU WAIVE AND HOLD HARMLESS FINEST RESIDENCES AND ITS AFFILIATES, LICENSORS, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITY.
You agree to cooperate in the defense of any legal action brought against Finest Residences arising from the publication of the Finest Member Content and You agree to retain all notes, drafts, and copies relating to the Finest Member Content for three (3) years after publication.
11.2. Unsolicited Materials
In order to avoid the possibility of any future misunderstandings in connection with any products, services, projects or creative ideas which Finest Residences or its licensors may develop, which may be similar to a third party’s creative materials, it is Finest Residences’ long-standing policy to not allow, accept or consider creative ideas, proposals, suggestions or other materials which Finest Residences does not request from You in writing (“Unsolicited Materials”). Therefore, We request that You do not provide any Unsolicited Materials in the Finest Member Content or in any other manner to Finest Residences in connection with your Finest Membership or otherwise. Any Finest Member Content shall not be made in confidence or with an obligation to review or provide any consideration or compensation. Finest Residences and its licensors are constantly developing products, programs or services and that the development and exploitation thereof shall not entitle You to any compensation of any sort, regardless of the similarity to any Unsolicited Materials. Notwithstanding the foregoing, You agree that any Unsolicited Materials that You submit to Finest Residences shall automatically become the property of Finest Residences, without any compensation, accreditation or notice to You, that Finest Residences may use or redistribute any submission of Unsolicited Materials either in the form which You submit them or in an altered form, that Finest Residences has no obligation to keep any submitted Unsolicited Materials, and that, to the extent that the Unsolicited Materials are subject to a confidentiality agreement with any third party, that by submitting Unsolicited Materials to Finest Residences, You may violate such confidentiality agreement, that Finest Residences is not bound thereby, and that You will indemnify, hold harmless, and defend Finest Residences from any third party legal action arising from your disclosure of the Unsolicited Materials and/or Finest Residences’ subsequent unrestricted right to use the Unsolicited Materials.
11.3. License in Finest Member Content
By posting or publishing Finest Member Content to the Sites, or to any sites in connection with Media and Personal Brand Building, the Finest Knowledge Platform, or any other Finest Member Benefit that allows publication of content, You hereby grant Finest Residences and its licensees a perpetual worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, modify, and perform your Finest Member Content in connection with the Sites or otherwise as Finest Residences determines in its sole discretion in any medium or manner without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to You or any third party. The above licenses granted by You in your Finest Member Content are perpetual and irrevocable and shall continue whether or not You are still a Finest Member, and neither Finest Residences nor any media platform to which it publishes shall be required to remove such Finest Member Content upon a Finest Member request or liable for the refusal or failure to do so. Notwithstanding anything to the contrary contained herein, Finest Residences shall not use any Finest Member Content that has been explicitly marked or designed in writing as “private” or “password protected”. Except as set forth in the preceding sentence, any other Finest Member Content may be used, reproduced, displayed, modified, deleted, added to, adapted, and published by Finest Residences for its own use.
11.4. Finest Residences Content
Except for Finest Member Content, the content on the Sites and in connection with the Finest Member Benefits, including without limitation text, stories, artwork, images, photographs, videos, messages, ideas, concepts, opinions, musical compositions, audio-visual works interactive features and the trademarks, service marks and logos contained therein (the “Finest Residences Content”), are owned by or licensed to Finest Residences, and are subject to copyright, trademark, and/or patent protection in Europe, the United States and abroad, and other intellectual property rights under the laws of these countries. The Finest Residences Content is provided to You “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Finest Residences. The Finest Residences Content shall be provided for informational and aesthetic purposes only. We do not warrant the accuracy, completeness or usefulness of the Finest Residences Content. Any reliance You place on the Finest Residences Content is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Finest Residences Content by You or any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Finest Residences reserves all rights not granted in and to the Finest Residences Content, and your Finest Membership does not transfer ownership of any of these rights.
11.5. Use of Finest Member Content in Native Advertisements
FINEST RESIDENCES MAY, IN ITS SOLE DISCRETION, CAUSE ANY FINEST MEMBER CONTENT TO BE PUBLISHED AS “NATIVE ADVERTISEMENTS” UPON THIRD-PARTY WEBSITES AND/OR THE SITES, AND ACCORDINGLY FINEST MEMBER CONTENT SHALL NOT CONTAIN ANY ENDORSEMENT, ADVERTISEMENT, PROMOTION, RECOMMENDATION OR TESTIMONIAL IN CONNECTION WITH ANY BRAND, PRODUCT OR SERVICE UNLESS IT CONTAINS ALL DISCLOSURES REQUIRED BY RELEVANT GOVERNMENT REGULATORY AUTHORITIES AND REGULATIONS. SUCH REQUIRED DISCLOSURES INCLUDE, BUT ARE NOT LIMITED TO (A) WHETHER YOU OR ANY OF YOUR RELATIVES, AFFILIATES, OR COMPANIES IN WHICH YOU HOLD GREATER THAN A 25% INTEREST HAVE RECEIVED OR WILL RECEIVE COMPENSATION, FREE OR DISCOUNTED PRODUCTS OR SERVICES, OR ANY OTHER CONSIDERATION FOR THE PUBLICATION OF FINEST MEMBER CONTENT, AND (B) IF YOU HAVE ANY OTHER MATERIAL RELATIONSHIP IN CONNECTION WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN SUCH CONTENT. IN ADDITION, YOU MUST NOTIFY COMPANY AT THE TIME OF SUBMISSION OF ANY MATERIAL CONNECTION YOU HAVE WITH ANY BRANDS, PRODUCTS OR SERVICES ENDORSED WITHIN ANY SUBMITTED FINEST MEMBER CONTENT.
Section 12. Monitoring of Content
Finest Residences reserves the right (but undertakes no duty) to pre-screen Finest Member Content and decide whether any item of Finest Member Content is appropriate and/or complies with this Agreement or the Policies. Finest Residences may with or without notice, in its sole discretion, remove any item of Finest Member Content and/or suspend or terminate a Finest Member’s access to the Sites or a Finest Member’s Membership for posting or publishing any material in violation of this Agreement. Finest Residences may also suspend or terminate a Finest Member’s access to the Sites or its Finest Membership if the Company has reason to believe the Finest Member has repeatedly violated this Agreement. If Finest Residences terminates a Finest Membership or access to the Sites or Finest Member Benefits, the Company may, in its sole discretion, remove and destroy any data and files stored by You on its servers.
Section 13. Additional Reservation of Rights
Finest Residences reserves the right to deny, cancel, terminate, suspend, lock, or modify access to the Sites or control of any account or Finest Member Benefits for any reasonable reason, including, but not limited to, the following:
- to correct mistakes made by the Company in offering or delivering any Finest Member Benefits,
- to assist with our fraud and abuse detection and prevention efforts,
- to comply with court orders against You or other Finest Members and applicable local, State, and federal laws, rules and regulations,
- to comply with requests of law enforcement, including subpoena requests,
- to comply with any dispute resolution process,
- to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit,
- to avoid any civil or criminal liability on the part of Finest Residences, its officers, directors, employees, licensors or partners, including, but not limited to, instances where a Finest Member has sued or threatened to sue Finest Residences or its licensors; or
- if Finest Residences has reason to believe that any account is being used or intended to be used for a reason which would violate the Finest Residences Code of Conduct. Finest Residences reserves the right to terminate, without advance notice to the concerned Finest Member, any and all Finest Member Benefits or his Finest Membership where, in the Company’s sole discretion, the Finest Member are harassing or threatening Finest Residences, and/or any of its employees, contractors, licensors or other Finest Members or otherwise violating any terms of this Agreement without refund of any portion of his Annual Finest Membership Fee.
Section 14. Intellectual Property Rights
The Sites, the Finest Member Benefits and their entire contents, features and functionality, including, but not limited to, all information, software, text, displays, images, video and audio, and the design selection and arrangement thereof, are owned by Finest Residences, its licensors or other providers of such material and are protected by French, European, United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
your Finest Membership permits You to use the Sites and the Finest Member Benefits for your professional use only. Except the content yourself have produced and/or published and except if otherwise stated or agreed, You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Sites, except as follows:
- your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Sites for your own professional use and not for further reproduction, publication or distribution.
- If We provide desktop, mobile or other applications for download, You may download a single copy to your computer or mobile device solely for your own professional use, provided You agree to be bound by any end-user license agreement for such applications as applicable.
- If We provide social media features with certain content, You may take such actions as are enabled by such features.
- Provided that it is permitted by the Policies, You may use certain authorized badges or digital promotional materials provided by Finest Residences to acknowledge your Finest Membership, provided, however, that You may not alter the appearance, meaning or context of any such authorized badges or digital promotional materials, nor represent that your affiliation with Finest Residence is anything other than a Finest Membership at the time You are a Finest Member only, nor sell or attempt to sell or trade the authorized badges or digital promotional materials for pecuniary gain.
You must not:
- Modify copies of any materials from the Sites.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text as originally published on the Sites.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Site.
Finest International and Finest Residences name, trademarks, logo and all related names, logos, product and service names, designs and slogans are trademarks of Finest International, Finest Residences and/or its licensors. You must not use, in any way, including but not limited to reproducing, printing, modifying, downloading, “sharing,” copying, transmitting, or otherwise giving access to such marks without the prior written consent of Finest Residences, which may be withheld in the Company’s sole discretion, except as provided herein. All other names, logos, product and service names, designs and slogans on the Sites are the trademarks of their respective owners, and nothing herein shall provide You with the right to utilize the same.
If You print, copy, modify, download or otherwise use or provide any other person with access to any part of the Sites, Finest Member Benefits, or Finest Premium Services in breach of this Agreement, your right to use the Sites, Finest Member Benefits, or Finest Premium Services will be immediately suspended or terminated and You must, at our option, return or destroy any copies of the materials You have made. No right, title or interest in or to the Sites, Finest Member Benefits, or Finest Premium Services or any content on the Sites is transferred to You, and all rights not granted are reserved by Finest Residences. Any use of the Sites, Finest Member Benefits, or Finest Premium Services which are not permitted by these terms is a breach of these terms and may violate copyright, trademark and other laws.
Section 15. Trademark and/or Copyright Claims
Finest Residences supports the protection of intellectual property, including, but not limited to, the notice-and-takedown procedures set out in the United States Digital Millennium Copyright Act (“DMCA”), which applies to content reported and removed for violating U.S. copyrights. In the event You have a good faith belief that your work has been copied or that any Finest Member Content, the Finest Residences Content, the Finest Member Benefits, or Finest Premium Services infringe your intellectual property rights, including trademarks and copyrights, please provide the following information in writing to the Finest Member Care Service, with the subject line “Intellectual Property Claims”:
- Identification and description of the infringing material or activity along with information sufficient to identify the location on the Sites of such material or activity;
- Identification and description of the trademark or copyrighted work that You claim has been infringed;
- your name, address, telephone number, and email address;
- A statement by You that You have a good faith belief that such use in the manner complained of is not authorized by the trademark/copyright owner, its agent or the law;
- A statement made by You, under the penalty of perjury that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of the exclusive right which is being infringed;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the trademark/copyright.
If You fail to comply with all of the requirements set forth above, your notice may not be effective.
Please be aware that if You knowingly materially misrepresent that any content on the Sites is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under the applicable laws.
If your Finest Member Content is removed from the Sites for copyright infringement, Finest Residences may give You notice that it has removed or disabled its access by means of electronic mail to your email address in our records. If You receive such a notice, You may provide counter-notification in writing to the Finest Member Care Service within the time period prescribed therein that includes the following:
- An identification of the Finest Member Content or material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
- A statement from You under the penalty of perjury, that You are the trademark or copyright owner, licensee or otherwise have a good faith belief that the Finest Member Content or material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
- your name, address, telephone number, and email address;
- A statement that You consent to the jurisdiction of Nice, France, and that You will accept service of process at the Company’s headquarters’ address from the person who provided notification of allegedly infringing material or an agent of such person in connection with such claims.
- your electronic or physical signature.
You should only submit a counter-notification if the cited Finest Member Content was removed because of a mistake or misidentification. When we receive an effective legal counter-notification, we may forward it, along with your contact information contained in the counter-notification, to the party that reported the infringing Finest Member Content, and which they may use to contact You.
It is our policy in appropriate circumstances to suspend and/or terminate the Finest Memberships of Finest Members who infringe on the intellectual property rights of others.
Section 16. Reliance on Information Posted
The information presented on or through the Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. We disclaim all liability and responsibility arising from any reliance placed on such materials by You or any other visitor to the Sites, or by anyone who may be informed of any of the Sites’ contents.
The Sites include content provided by third parties, including materials provided by other Finest Members, users, bloggers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Finest Residences, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Section 17. Links to Third-Party Websites
The Sites and the Finest Member Benefits may contain links to third-party websites that are not owned or controlled by Finest Residences. Finest Residences assumes no responsibility for the content, terms, and conditions, privacy policies, or practices of any third-party websites. In addition, Finest Residences does not censor or edit the content of any third-party websites, including, but not limited to, the Finest Members’ own websites. By using the Sites or Finest Member Benefits, You release Finest Residences from any and all liability arising from your use of any third-party website. Accordingly, Finest Residences encourages You to be aware when You leave the Sites and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
Section 18. Disclaimer of Representations and Warranties
YOUR FINEST MEMBERSHIP, USE OF THE SITES, FINEST MEMBER BENEFITS OR FINEST PREMIUM SERVICES ARE UNDER YOUR SOLE RESPONSIBILITY. THE SITES, THE FINEST MEMBER BENEFITS, AND FINEST PREMIUM SERVICES FOUND AT THE SITES ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. FINEST RESIDENCES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTIES INCLUDING THE COMPANY’S PARTNERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FINEST RESIDENCES, ITS OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS, PARTNERS AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES; OR (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND/OR (C) THE SERVICES FOUND AT THE SITES OR ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, AND FINEST RESIDENCES ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY FINEST RESIDENCES, ITS OFFICERS, DIRECTORS, EMPLOYEES, FINEST RESIDENCES’ PARTNERS OR AGENTS, EXCEPT AS SET FORTH IN THE AGREEMENT, SHALL IN ANY WAY LIMIT THE DISCLAIMERS SET FORTH HEREIN.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR FINEST MEMBERSHIP OR YOUR USE OF THE SITES OR THE FINEST MEMBER BENEFITS FOUND AT THE SITES.
Section 19. Limitation if Liability
TO THE FULLEST EXTENT ALLOWABLE UNDER APPLICABLE LAW, IN NO EVENT SHALL FINEST RESIDENCES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR ANY COMPANY PARTNER, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (A) THE ACCURACY, COMPLETENESS, OR CONTENT OF THE SITES, (B) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (C) THE FINEST MEMBER BENEFITS FOUND AT THE SITES OR ANY THIRD-PARTY WEBSITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (D) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (E) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (F) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (G) ANY INTERRUPTION OR CESSATION OF THE SITES OR FINEST MEMBER BENEFITS, (H) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THE SITES OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THE SITES, (I) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, (J) TERMINATION OF YOUR FINEST MEMBERSHIP BASED ON A VIOLATION OF THIS AGREEMENT OR THE POLICIES AS DETERMINED BY THE COMPANY IN ITS SOLE DISCRETION, AND/OR (K) ANY LOSS OR DAMAGE OF ANY KIND INCURRED BY YOU AS A RESULT OF YOUR USE OF THE SITES OR THE FINEST MEMBER BENEFITS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT FINEST INTERNATIONAL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THE SITES, THE SERVICES FOUND AT THE SITES OR ANY OF THE FINEST MEMBER BENEFITS.
IF, NOTWITHSTANDING THE FOREGOING, FINEST RESIDENCES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITES, FINEST MEMBER BENEFITS OR OTHER SERVICES, THE CUMULATIVE TOTAL LIABILITY OF ANY AND ALL SUCH PARTIES FOUND LIABLE SHALL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY FOR ANNUAL FINEST MEMBERSHIP FEES DURING THE 12 MONTH PERIOD PRECEDING THE OCCURRENCE OF THE LIABILITY OR CLAIM. THIS LIMITATION EXPRESSLY APPLIES TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE SITES, FINEST MEMBER SERVICES, AND YOUR FINEST MEMBERSHIP IN GENERAL AND DOES NOT APPLY TO PERSONAL INJURY CAUSED BY INTENTIONAL ACTS OR ANY INJURY CAUSED BY ALLEGED FRAUD.
Section 20. Indemnity
You agree to protect, defend, indemnify and hold Finest Residences’ parents, subsidiaries, affiliates, licensors, related companies and their officers, directors, members, managers, employees, agents, successors and assigns (collectively the “Finest Residences Parties”) harmless from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable outside attorneys’ fees) imposed upon or incurred by the Finest Residences Parties directly or indirectly arising from (a) your use of and access to the Sites or the Finest Member Benefits; (b) your violation of any provision of this Agreement; and/or (c) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this Section shall survive any termination or expiration of this Agreement or your use of the Sites or the Finest Member Benefits.
Section 21. Successors and Assigns
This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, successors and assigns.
Section 22. Individuals in the European Union
Our Sites and Finest Membership, in general, are for residents of all countries. Our Finest Members located in the European Union commit to respect the General Data Protection Regulation 2016/679 (GDPR).
Section 23. Compliance with Local Laws
Finest Residences makes no representation or warranty that the content available on the Sites or any of the Finest Member Benefits are appropriate in every country, State or jurisdiction, and access to the Sites or the Finest Member Benefits from countries or jurisdictions where its content is illegal is prohibited. Finest Members who choose to access the Sites or the Finest Member Benefits are responsible for compliance with all local laws, rules and regulations and Finest Residences shall not be liable in any way in the event any Finest Member Benefits or the Sites are not permitted in any jurisdiction.
Section 24. Minor Use of the Sites
The Sites are not directed to children under the age of 13, and We will not knowingly collect personally identifiable information from children under 13. Further, You must be 18 years or older to apply for Finest Membership and register or use the Sites or take advantage of the Finest Member Benefits. You agree to abide by any such restrictions and not help anyone avoid such restrictions. We strongly recommend that parents participate in their children’s exploration of the Internet and any online services and use their browser’s parental controls to limit the areas of the Internet to which their children have access.
Section 25. Governing Law and Jurisdiction
25.1 Applicable Law
You agree that the laws of France, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between You and Finest Residences.
25.2 Disputes Resolution
Except for any claim for emergency injunctive relief, any and all disputes or claims that have arisen, or may arise, between You and Finest Residences relating in any way to or arising out of this or previous versions of the Agreement, your use of or access to Finest Member Benefits, Premium Services, or Finest Membership shall be resolved before the French courts.
25.3. Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND FINEST RESIDENCES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS MEMBER IN ANY PURPORTED CLASS. UNLESS BOTH YOU AND FINEST RESIDENCES AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS ACTION OR PROCEEDING. ALSO, THE COURT MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER FINEST MEMBERS.
If a court decides that any part of this Agreement is invalid or unenforceable, the other parts of this Agreement shall still apply.
Section 26. Entire Agreement
This Agreement constitutes the sole and entire agreement between You and Finest Residences with respect to your Finest Membership, the Sites and any services thereon and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Sites and any services thereon.
Section 27. Titles and Headings; Independent Covenants; Severability
The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the Parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
Section 28. Contact Information
Section 29. Electronic Communications
Whenever You visit the Sites or send emails to Finest International, You are communicating with the Company electronically. For that reason, You also consent to receive communications from Finest Residences electronically. Finest Residences will communicate with You by email at the email address You provide when You apply to become a Finest Member, or through notices on your dashboard on the Sites. You agree that all agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
REAL ESTATE BROKERAGE ACTIVITIES
It is of utmost importance to Finest Residences that our Clients receive the highest level of service and We recognise the major role You play in ensuring that this quality of service is provided. Given the increasing requirements placed on Lawyers, Brokers and Ourselves by national and international regulatory authorities and the need to conform to these requirements, We have set out here the terms on which we work with You in respect of your real estate brokerage activities within the Finest Residences network.
These terms include procedures for the appointment, provision of authority and termination of a Finest Member, an explanation of our Commissions and Referral Fees levels and the arrangements for their payment. These standard terms are intended to clearly reflect our respective responsibilities and rights and can only be varied by Our written agreement.
Section 1. Finest Residences’ Responsibility
Finest Residences pays the utmost attention to the global regulatory requirements and responsibilities. In this respect, we observe with the utmost rigor the laws and regulations in force in all countries where we operate.
We endeavour to communicate with You in a timely, accurate and clear manner, providing an effective reply for any of your questions, and as appropriate include You in any direct written communication with clients.
1.1. General Information
In the course of our business with You, we undertake to:
- act with due care and diligence;
- observe the utmost standards of integrity and deal openly and fairly with our Finest Members ;
- advise You in case of any adverse change to our regulatory status.
1.2. Finest Member Support
We will ensure that we provide our Finest Members with as much support as possible, making every effort to answer questions in a timely, accurate and clear fashion.
1.3. Finest Membership Agreement
We undertake to provide You with advice and assistance on how to administer our Agreement. We endeavour to keep our processes as efficient as possible, and provide help in respect of our Services.
We will communicate directly with You as agent for your Clients; however We reserve the right to communicate with Clients directly from time to time where necessary.
Section 2. Finest Residences Marketplace
- Property Offering : Real estate property proposed for sale or rent by a Finest Member.
- Listing Agent (of a Property): Real estate broker, agent or lawyer representing the seller (of the said property) by virtue of a listing agreement/sale mandate.
- Listed Property: Property proposed for sale or rent by its Listing Agent.
- Presented Property: Property proposed for sale or rent by a real estate broker, agent or lawyer who does not represent the seller by virtue of a listing agreement/sale mandate but is duly authorized to do so by its Listing Agent or because the said Property is shared on a Multiple Listing Service (MLS) allowing it.
- Publishing Period: the period during which a Property Offering is published on the Finest Residences Marketplace.
- Property Offering Price: the asking price of a Property.
2.2. Property Offerings
Once You become a Finest Member, You are asked to choose your Membership Level. Each Membership Level, in addition to its specific benefits, allows You to publish a number of Property Offerings on the Finest Residences Marketplace.
To allow You to focus on your core business, Our in-house Web Designers will integrate your Property Offerings on your Account on the Finest Residences Marketplace. Please simply communicate your listings’ URL (Web addresses) to the Finest Member Support at and We will take care of it.
If your Listings are not available on your Website, please log in your Finest Member Account, click on “Submit a Property” in the sidebar menu and pre-publish them by filling out the Listing form provided for this purpose. Alternatively you can click on https://www.finestresidences.com/front-end-property-submission/.
Please note that Finest Residences, at its sole discretion, reserves the right to refuse any real estate listing that would not meet Our quality standards.
2.3. Publishing Period
Once your Property Offerings are validated by Finest Residences, they are published on the Finest Residences Marketplace until the Property is rent, sold or removed from the market or until your Finest Membership expires. Once one your Property Offering is removed, you can replace it by a new one.
2.4. Listing Agent and Presenting Agent
As a Finest Member, You are allowed to publish Property Offerings of properties for which You are not the Listing Agent, provided that You are explicitly authorized to do so by the Listing agent or that this property appears in a Multiple Listing Service (MLS) allowing it.
If a Property Offering is published by a Listing Agent of the said property, the Listing shall mention “Listed by” followed by the name of the concerned Finest Member;
If a Property Offering is published by a Presenting Agent of the said property, the Listing shall mention “Presented by” followed by the name of the concerned Finest Member.
2.5. Property Listing Priority
When publishing a Property Offering, a Finest Member entitled as a Listing Agent has always priority over a Finest Member simply acting as a Presenting Agent. Therefore, a Finest Member acting as the Listing Agent will be entitled to require from Finest International to claim authorship of such Property Offering. Finest Residences shall accept this claim upon presentation of a Listing Agreement.
In the event of a legitimate request by a listing agent to remove a Property Offering published by a Finest Member on the Finest Residences Marketplace, Finest Residences will contact such Finest Member to inform him/her of the request and to verify the existence and validity of his/her Listing Agreement. In the meantime, the said Property Offering will be suspended. In case of absence of a Listing Agreement or a legitimate right to present this property (MLS, etc.), the said Property Offering will be withdrawn.
If two Finest Members are representing the same Seller, each by virtue of a listing agreement, both will be authorized to publish this Property Offering on their Account.
Section 3. Real Estate Brokerage
3.1. Encouragement to collaborate and Split of Brokerage Fees
We strongly encourage You to collaborate with your fellow Finest Members worldwide to develop national and international real estate transactions and other business activities. Of course, throughout your collaboration, you will respect the highest degree of integrity, in accordance with the ethical rules set forth by Finest Residences.
In line with international real estate industry good practice, in the context of co-brokerage agreements, we recommend our Finest Members to split the Brokerage Fees on a 50/50 basis.
3.2. Listing & Transactional Agreements
As a Finest Member, You are free to use your own listing and transactional agreements for the properties you offer on the Finest Residences Marketplace. Should You have any legal, technical or marketing question, You will find among the Finest Members some of the world’s best real estate specialized lawyers, brokers and agents competent in your jurisdiction. We strongly encourage You to consult them. Please note that our Finest Members practising as lawyers, brokers and agents are free to set their fees independently from Finest Residences.
3.3. Real Estate Brokerage and Referral Fees
As a Finest Member, You are free to set your own Brokerage Fees and services rates. For its part, in each of the countries where the Finest Residences network is established, Finest International SAS applies the generally practiced commission and/or fee rates.
Finest Lawyers and Finest Brokers shall receive a share of the brokerage commissions generated by Finest Residences for all real estate transactions in which They participate. The percentage of the brokerage commission to be paid to Finest Lawyer or the Finest Broker shall be:
- 50% of the full Brokerage Fees if You provide and represent the Seller of a real estate property while the Buyer is provided and represented by Finest International SAS or a third party;
- 50% of the full Brokerage Fees if You provide and represent the Buyer of a real estate property while the Seller is provided and represented by Finest International SAS or a third party;
- 25% of the full Brokerage Fees if the Buyer is provided and referred to you by Finest International SAS and represented by You at the Transaction.
- 25% of the full Brokerage Fees if the Seller is provided and referred to you by Finest International SAS and represented by You at the Transaction.
© Finest International 2016-2023. Updated on February 7th, 2023.