We are an online video call based advisory marketplace platform that connects buyers or clients with the experts so that they can avail the consultancy services. To avail the services of the expert, you have to register as a ‘buyer’ or ‘client’, and to provide the services on our Platform, you need to register as an ‘expert’ or ‘member’. (“Service”)
- ACCEPTANCE OF THESE TERMS
By accessing, downloading, registering, or using the App or Site, or by providing or availing Consultancy Services on our Platform in any way or by clicking on a button or taking similar action to signify your affirmative acceptance of these Terms, you hereby represent that:
- You have read, understood, and agreed to be bound by these Terms and any future updates and additions to these Terms, as published from time to time on the App and Website.
- You are of sound mind and at least of such minimum legal age as per the jurisdiction in which you reside, in order to form a binding contract with us. In case you are not of the age of majority as per the laws of the jurisdiction to which you are subject, then you must have the permission of your lawful guardian to use and access the Platform, or to provide your services on it.
- We must not have previously disabled your account for violation of law or any of our policies.
- You agree, understand and acknowledge that the we are an online advisory based marketplace platform that connects Experts with the Clients requiring the Consultancy Services, and as such we are only a facilitator between the Experts and the Clients, and we cannot be a party to or control in any manner any Consultancy Service that you avail on the Platform, or the transactions that you may enter into such Experts or Clients, as the case may be, off the Platform, or your interaction with the them outside of the Platform. Accordingly, the contract of sale of service shall be a strictly bipartite contract between you and the respective Expert/Client, as the case may be, and we shall not be liable to you for deficiency of services in any manner.
- IMPORTANT TERMS
For the purposes of these Terms, and all other policies of Finest50, the following capitalised terms shall have the following meaning:
- ‘App’ refers to the mobile application of ‘Finest50’ as available on Google Play Store, and Apple App Store.
- ‘Appointment’ shall mean a scheduled video call coordinated via the Platform between Clients and the Experts in connection with and subject to the terms of a Listing.
- ‘Buyer(s)’ or ‘Client(s)’ or ‘User(s)’ shall refer to the buyers/clients/users who avail the Consultancy Services provided by the experts on the Platform.
- ‘Consultancy Services’ shall refer to the video-call advisory-based consultancy services from amongst the 20 different industry categories that is provided or listed to be provided by the Experts on the Platform.
- ‘Expert(s)’ or ‘Member(s)’ or ‘Seller(s)’ shall refer to the experts/members/sellers who have registered on the Platform to provide their Consultancy Services through their Listing to the buyers/clients on the Platform.
- ‘Finest50 Content’ or ‘Our Content’ shall refer to all the content belonging to Finest50 on the Platform, including without limitation, text, graphics, images, music, software, audio, video, information or other materials.
- ‘Listing’ refers to an offer posted by an Expert to provide the Consultancy Services through the Platform.
- ‘Member’s Content’ shall refer to all the content posted by the Member on the Platform, such as through his/her Listings, blogs, profile, bio, etc.
- ‘Platform’ shall refer to the video call based advisory marketplace platform provided to the Clients and the Experts by Finest50, and shall include the App as well as the Website.
- ‘Service’ shall refer to the services of the Platform provided by Finest50 through its App and Website.
- ‘Tax’ or ‘Taxes’ mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, provincial, state and federal indirect or other withholding and personal or corporate income taxes.
- ‘Terms’ shall refer to these Terms of Service as applicable to the clients, experts, and other general users or visitors of the Platform. However, in case of other policies, ‘Terms’ could have a different meaning as provided in those policies.
- ‘Website’ shall refer to www.finest50.com/.
- ACCOUNT REGISTRATION, PASSWORD AND SECURITY
- Account: To access various parts of the Platform, and to avail various Services, you are required to register and create an account with us, either as a ‘Client/User/Buyer’ if you want to avail the Consultancy Services, or as a ‘Expert/Member/Seller’ if you wish to provide the Consultancy Services. Registration is free. When setting up and maintaining your account, you must provide and continue to provide accurate and complete information about yourself and your services or requirements, as the case may be. As part of the registration process, you will create a password and an account.
- Expert Account: If you are applying for creating an account or profile as an Expert, we will verify all the information submitted by you during the registration process, and also reserve the right to ask for any further information or document to authenticate the information submitted by you. It is only upon our satisfaction of the veracity of your information, that we will accept your profile in our sole discretion. We also reserve the right to reject your profile for any just reason, including without limitation, where we have reasonable grounds of believing that the information submitted by you is false, untrue, misleading or incomplete.
- Information Verification: When you register for an account and from time to time thereafter, your account will be subject to verification, including, but not limited to, validation against third-party databases or the verification of one or more official government or legal documents that confirm your identity, your location, and your ability to act on behalf of your business on Finest50. You authorize Finest50, directly or through third parties, to make any inquiries necessary to validate your identity, your location, and confirm your ownership of your email address or financial accounts, subject to applicable law. When requested, you must timely provide us with complete information about yourself and your business, which includes, but is not limited to, providing official government or legal documents.
- Security: You are responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We ask that you should not share your account or password with any third party. We cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account.
- Inaccurate Information: If we have reasonable grounds to suspect that any of the information submitted by you is untrue, inaccurate, outdated, or incomplete, or that you have created a duplicate account, in that case, we may terminate your account, and refuse current or future use of any or all of the services. For example, if we come to realize that you have created an account with the sole purpose of building a competing platform or provide false feedback to the Experts or to engage in any unfair practice, then we might terminate your account.
- No Selling: You are expressly prohibited from selling or transferring or gifting your account to any other person, without our prior written consent.
- Account Permission: You agree not to request or allow another person to create an account on your behalf, for your use, or for your benefit, except that an authorized employee or agent may create an account on behalf of your business.
- Mandatory Periodic Email Verification: Every three month, an email verification will be sent out by Finest50 to every registered Expert (either individual or business) for verification purposes. If email verification does not happen in three email phases, in that case, the account of the Expert will be suspended.
- HOW CAN YOU USE THE PLATFORM?
- Allowed uses:
- Directions of Use: You must follow any and all guidelines or policies or directions of use as associated with each of the Services on the Platform.
- Listings: If you wish to provide Consultancy Services as an Expert, then following your account approval, you must post a Listing offering your services. Please refer to Section 5 for more information.
- Like and Follow Experts: You have the option of liking the Experts, and following them in their journey on Finest50, to get updates about their timelines, posts and stories. However, as a user, you cannot post photos, videos, posts or stories. Experts can only post photos and videos pertaining to their work and services, in strict compliance with our Members Post Guidelines and Code of Conduct.
- Material: For the purposes of these Terms, “material” shall mean any logos, trademark, text, video, graphics, sound material, published on the Platform, whether a copyright of Finest50, Experts, Clients, other users, our licensors or any third party. You are not allowed to download or print the material, or extracts from it, in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the material appearing on the Platform. You must not reproduce any part of the Platform or the material or transmit it to or store it in any other Platform or disseminate any part of the material in any other form, unless we have indicated that you may do so.
- Member’s Post Guidelines and Code of Conduct: All content, messages, posts, blogs, Listings, and conduct on the Platform must be complaint with our Members’ Post Guidelines and Code of Conduct.
- Restricted uses:
- The Clients and Experts are not allowed to cancel consultations without giving a valid reason for such cancellation. In case you do so, and fail to give a valid explanation for the same, your account may be reported as spam or get blocked or restricted.
- You must not share your financial information or bank account details, such as bank account details, card number, PIN, OTP, etc. with the Expert or the Client, as the case may be. If you do this, and suffer a loss or become a victim of fraud or hacking or other financial fraud, Finest50 assumed no liability whatsoever. This will also lead to your Finest50 account getting restricted, suspended or banned.
- The Expert or the Client can’t impersonate others, create duplicate accounts, or provide inaccurate information about themselves.
- The Client will able to leave feedback after availing Consultancy Services from the respective Expert. However, you cannot post, raise, or comment on any political, racist or such other issue which effect’s a person, community or society. You must not be abusive and shall only provide your genuine feedback about the Consultancy Service availed. Moreover, there must not be advertisement of any sort in the feedback or its reply.
- The Expert or the buyers are prohibited from providing a paid, motivated or ingenuine feedback.
- The Expert or the buyer must not misuse or interfere with the Services or Platform or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law and as per the directions provided by us.
- The Expert or the Client must not:
- republish material from this Platform;
- sell, rent or sub-license material from the Platform;
- show any material from the Platform in public without our consent;
- edit or otherwise modify any material on the Platform (other than editing your own information/posts/contents as per the method provided);
- reproduce, duplicate, copy or otherwise exploit material on our Platform for a commercial purpose; or
- redistribute material from the Platform, except for content specifically and expressly made available for redistribution with our written consent and according to our terms;
- infringe or violate our Intellectual Property Rights or Intellectual Property Rights of our Experts, Clients, other users, licensors or any third party;
- We reserve the right to restrict your access to any areas of our Platform, or indeed our whole Platform, at our discretion.
- You must not use our Platform in any way that causes, or may cause, damage to the Platform or impairment of the availability or accessibility of the Platform; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
- The Expert or the Client must not use our Platform to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
- The Expert or the Client must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our Platform.
In case of your violation or non-compliance of any of the terms mentioned in these Terms, we reserve the right to suspend or terminate your account or your access to the Platform or our services, at our sole discretion.
- If you wish to provide Consultancy Services as an Expert, then following your account approval, you must post a Listing offering your services. The description of your Listing shall accurately describe and provide a complete picture of the service to be offered by you, and what is not going to be included. Your Listing shall not be against our Member’s Post Guidelines, Code of Conduct, misleading, false, offering a service other than of the category allowed on Finest50, or against the law. In case, your Listing is violative of any of the above, we reserve the right to takedown your Listing, and/or suspend or terminate your account, either temporarily or permanently, as per our sole discretion.
- Clients will be able to view your Listings, and schedule an Appointment with you via the Platform based upon the information provided in your Listing. You understand and agree that once a Client requests an Appointment, the price quoted under your Listing shall not be altered, unless the Clients demands more than what is offered under your Listing.
- You acknowledge and agree that you are solely responsible for any and all Listings that you post. You are responsible for updating the price of the Listing, if you so desire. Accordingly, you represent and warrant that any Listing you post and the agreements you enter into with the Clients: (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and (b) not conflict with the rights of third parties. Please note that Finest50 assumes no responsibility for the content of Listings or your Consultancy Services or for Client’s or Expert’s compliance with any applicable laws, rules and regulations. If you are prohibited under the laws of the jurisdiction that are applicable to you from providing a particular service, then you cannot provide that service on Finest50.
- You understand and agree that Finest50 is not involved in the interactions between Clients and Experts, and does not refer or endorse or recommend particular Expert to any Client. You also understand and acknowledge that Finest50 does not edit, modify, filter, screen, monitor, endorse or guarantee Member Content or the content of communications between Experts and the Clients.
- Finest50 reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Finest50, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, Member’s Post Guidelines, Code of Conduct, applicable law, or otherwise harmful to our Platform. You acknowledge and agree that, as an Expert, you are responsible for your own acts and omissions and shall indemnify Finest50 for any damages suffered by us due to your actions or conduct or your Listings or Consulting Services.
- CONSULTATION, CANCELLATION AND RESCHEDULING
- Cancellation or Rescheduling by Clients: The Clients are entitled to cancel or re-schedule an appointment at any time before the scheduled appointment time, and Experts are expected to co-operate. The Clients shall not misuse this right for causing harassment to the Experts.
- Cancellation or Rescheduling by Experts: Similarly, the Experts are also entitled to cancel or re-schedule a scheduled appointments for valid reasons. However, please bear in mind that doing so will lead to adversely affect your ratings and rankings. Cancelling appointment and rescheduling over and over again will push down your profile badge. Expert/Member badge is shown on every Expert’s profile, which signifies credibility and good performance of Experts. Hence, it is highly recommended for the Experts not to cancel or reschedule the scheduled appointment, unless something very urgent or important or undelayable comes up.
- No Appearance by Client: If Client does not show up to the consultation on the scheduled time, then the funds paid by Client will revert to his/her Finest50 wallet, which the Client can use to re-book an appointment with the same Expert as per the availability of the Expert. If the Client shows up late, then the Client is entitled to receive the consultation only for the time left.
- No Appearance by Expert: If an Expert fails to appear for the consultation on the scheduled time, an email will be automatically sent out to the Expert for the missed consultation, and every Expert’s performed consultation, including cancelled or missed consultations, will be closely monitored by our team. This can eventually lead to reducing your profile visibility to the Clients, and could eventually lead to account suspension temporarily or permanently, at our sole discretion.
- Private Feedback: Finest50 will take personal feedback from the Client after the consultation is concluded. If the consultation went unsatisfactory, we reserve the right to reconduct the consultation appointment with the same Expert. Based on the positive feedback reviews, the money will be disbursed to the Experts by Finest50 in his/her bank account after deducting its commission. Please read our Payment Terms to understand more about this.
- Members Badge: Negative feedback by Clients will adversely affect the ranking of the Experts. Finest50 has ‘Member’s Badge’, which is linked with Experts performance and ranking after conduction of negative or positive consultation feedback from the Clients. Members Badge is linked with Slab Tier. Slab Tier is in 4 different phases: a) Silver with 20 consultations, b) Gold with 15 consultations, c) Platinum with 15 consultations, and d) Diamond with 10 consultations. Each time Experts complete Slab Tier phases, their Members Badge appearing on their profile changes accordingly. Every Slab Tiers have their own advantages to make more commission. Silver remains 75%, Gold +5%, Platinum +5% and Diamond +5%. Members can make up to 90% commission with Finest50 with success rate of consultation on each Slab Tier phases. The Slab Tier system automatically resets every month. Every month will have 60 consultations with chance of making up to 90% commission. Positive reviews will provide the Expert better Listing visibility, and opportunities of getting more Clients based on their conducted number of consultations, Members Badge and reviews.
- Consultation is monitored by Finest50: Please note, all consultation calls on Finest50 between Client and Expert are monitored, and are recorded for ensuring that the users comply with the policies of Finest50. Any behaviour of either the Expert or the Client that goes against our Code of Conduct, can be reported by either the Expert or the Client, or a sou motu action can be taken by Finest50 in its sole discretion. This can lead to the account of the erring Client or Expert getting suspended or terminated by Finest50. The users also have the simple option of blocking the other user on the Platform for certain reasons.
- CONFIDENTIALITY OF INFORMATION
- OUR CONTENT AND RIGHTS
Our Website, App, software, platform, logos, Finest50 Content, designs, trademarks, trade dress, trade name, all of our features, functionalities and services, shall remain the sole property of Finest50, and/or its licensors, as the case may be. Your use of or access to our Site or Platform or availing of our services shall not in any way transfer or assign to you any ownership or other proprietary rights in or to this Platform, our services, any content (except your own content), designs, published by us or our licensors or third parties. This Platform and the content, including but not limited to the trademark, logo, copyright, design, layout, typography, underlying HTML, Java scripts, text, audio clips, video clips and graphics, and in the expression of the information contained herein, whether as a compilation or otherwise is protected by relevant Intellectual Property laws, rules and regulations. Trademarks, trade names and designs appearing on this Platform are the exclusive property of, or are licensed to the Finest50 and are protected under applicable law. No use of a trademark, trade dress, trade name, content or design appearing on our App or Website may be made without the prior written permission of Finest50.
- CONTENT POSTED BY CLIENTS AND CLIENT’S RIGHTS
- Your Content is yours: The content, such as feedback left by you as a Client or query posted by you, may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
- License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
- Description of License: Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we find it untrue, defamatory, misleading or false, we might not display the same.
- Terminating the License: You can end this license for specific content by deleting such content from our Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems. However, you might not be able to remove your feedback from our Platform.
CONTENT POSTED BY EXPERTS AND EXPERT’S RIGHT
- Your Content is yours: The content, such as Listings, blogs, bio, work samples, timelines, posted or uploaded by you as an Expert may be protected by intellectual property laws. You own the intellectual property rights in any such content that you share on the Platform. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content (except defamatory one) with anyone else, wherever you want.
- License: However, to provide our Services we need you to give us some legal permissions (known as a ‘license’) to use this content of yours. This is solely for the purposes of providing and improving our Services.
- Description of License: Specifically, when you share a content that is covered by intellectual property rights, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, publish, distribute, modify, copy, publicly perform or display, and translate your content. However, we do not have any responsibility to use or display any part of your feedback on any part of the Platform. We retain the right to display the same at our own discretion. For example, if we may takedown your Listing if the same is in violation of our Member’s Post Guidelines or Code of Conduct or if the same is misleading.
- Terminating the License: You can end this license for specific content by deleting such content from our Platform, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
CONTENT POSTED BY OTHERS
While using our Platform and our Services, you may encounter content or information (such as Listings, bio, blogs, description of service offered, etc.) that is posted by Experts and the comments posted by other Clients. Therefore, there is a likelihood that such information or content be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Finest50 generally does review content provided by our Experts or feedback posted by other Clients. We disclaim all guarantees and liabilities in this respect. However, if you come across a content that is hosted on our Platform, and is against any of our policies, you can report that content to us at [email protected].
TAXES AND BENEFITS OF EXPERTS
Expert acknowledges and agrees that Expert is solely responsible (a) for all tax liability associated with payments received from Expert’s Clients and through Finest50, and that Finest50 will not withhold any taxes from payments to Expert; (b) to obtain any liability, health, workers’ compensation, disability, unemployment, or other insurance needed, desired, or required by law, and that Expert is not covered by or eligible for any insurance from Finest50; (c) for determining whether Expert is required by applicable law to issue any particular invoices for the Expert Fees and for issuing any invoices so required; (d) for determining whether Expert is required by applicable law to remit to the appropriate authorities any value added tax or any other taxes or similar charges applicable to the Expert Fees and remitting any such taxes or charges to the appropriate authorities, as appropriate; and (e) if outside of the United States, for determining if Finest50 is required by applicable law to withhold any amount of the Expert Fees and for notifying Finest50 of any such requirement and indemnifying Finest50 for any requirement to pay any withholding amount to the appropriate authorities (including penalties and interest). In the event of an audit of Finest50, Expert agrees to promptly cooperate with Finest50 and provide copies of Expert’s tax returns and other documents as may be reasonably requested for purposes of such audit, including but not limited to records showing Expert is engaging in an independent business as represented to Finest50.
RELATIONSHIP WITH FINEST50
Finest50 merely makes the Platform and Services available to enable Experts and Clients to find and transact directly with each other. Finest50 does not introduce Experts to Clients, or select Experts for Clients. Through the Platform and our Services, Experts may be notified of Clients that may be seeking the Consulting Services they offer, and Clients may be notified of Experts that may offer the Consulting Services they seek; at all times, however, Clients are responsible for evaluating and determining the suitability of any Expert or their Consulting Services on their own. After booking the service, the Client also has an option of cancelling or rescheduling the appointment before the appointment scheduled time. If Client decides to avail the Consulting Services of an Expert, the service contract is directly between the Clients and the Experts, and Finest50 is not a party to that service contract. In exceptional cases only Finest50 may refund the Clients the amount paid by them in according to its Refund & Cancellation Policy posted on the Site and App.
Nothing in this Agreement is intended to or should be construed to create a partnership, joint venture, franchisor/franchisee or employer-employee relationship between Finest50 and Expert/Client. Client is solely responsible for and has complete discretion with regard to selection of any Expert for the Consultation Services. The Client is solely responsible for complying with the UK tax legislation known as “IR35”, also sometimes called the “Off-Payroll Working Rules” (“IR35”), including, without limitation, providing the Expert with a designation or a Status Determination Statement (SDS) required under IR35. Client warrants its decisions regarding classification are correct and its manner of engaging Expert complies with applicable laws, regulations, and rules. Finest50 will have no input into, or involvement in, worker classification as between Client and Expert, and you agree that Finest50 has no involvement in and will have no liability arising from or relating to such classification.
Finest50’s mission is to create economic opportunities so people have better lives. Key to our mission is that these opportunities should be equally available to all qualified talent in our community, regardless of background, nationality, race, ethnicity, sex, gender, gender identity, sexual orientation, actual or perceived disability status, veteran status, marital status, or other similarly protected characteristics. Finest50’s goal is for members of our community to feel welcome on the Site. A condition of using the Site is your agreement not to engage in any unlawful discrimination or harassing conduct. Such conduct is not permitted on Finest50 by any member of our community. Finest50 does not require Users to violate local laws or take actions that may subject them to legal liability. Finest50 will take actions to enforce this policy. Users engaging in this activity are subject to account closure. Please bring any reports of discrimination or harassment to our attention at [email protected].
LINKS TO THIRD-PARTY LINKS
THE PLATFORM, WEBSITE, APP AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FINEST50 MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, APP, SERVICES, MEMBER CONTENT, BUYER ENQUIRY, CONSULTATION SERVICES, LISTINGS, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THESE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FINEST50 DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
To the maximum extent permitted by law, in no event shall Finest50 (or our licensors or affiliates) be liable to you or your business or any third party for any financial loss, transaction failure, fraud, loss occurred due to use of Consultancy Services availed from Experts, costs of procurement of substitute services, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these Terms or your use of, or inability to use the Platform, even if Finest50 has been advised of the possibility of such damages. Access to, and use of, the Platform is at your own discretion and risk, and you will be solely responsible for any damage to your person or device or computer system, or loss of data resulting therefrom. To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the amount of your payment in question. The existence of more than one claim will not enlarge this limit.
You acknowledge to defend, indemnify and hold Finest50, its owners, affiliates, directors, officers, employees, agents, partners, and any other licensors (hereinafter referred to as “Indemnified Party”) harmless from and against any claim, disputes, fine, liability, demand or expense, including reasonable attorneys’ fees, made by a third party, relating to, or arising from:
- Your violation of ours or any third-party right, including without limitation to any right to privacy, publicity rights, defamation or intellectual property rights;
- Your wrongful or improper use of our services, Platform or Consultation Services;
- Your violation of any applicable laws, rules or regulations or any other applicable law through or related to the use of our services;
- Your violation of these Terms, or any other policy of Finest50 as associated with our Services;
- The indemnifications set forth above will survive the termination or expiration of these Terms and/or your use of our Services.
INTELLECTUAL PROPERTY INFRINGEMENT
Please notify us if you believe any of your intellectual property rights have been infringed on our Platform. Please file your intellectual property infringement claim in accordance with our Intellectual Property Claim Notice posted on the App and Site.
GOVERNING LAW AND DISPUTE RESOLUTION
- Governing Law: these Terms and any dispute arising from the same will be governed by applicable laws of London, UK.
- Exclusive Jurisdiction: All disputes must first be attempted to resolved amicably, failing which, such controversy, conflict or dispute shall be finally settled by bringing it before the appropriate courts situated in London, UK.
- Waiver of Jury Trial: YOU AND US HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JURY. YOU AND FINEST50 ARE INSTEAD ELECTING THAT ALL CLAIMS AND DISPUTES ARISING OUT OF OR IN RELATION TO THESE TERMS BETWEEN YOU AND FINEST50, SHALL BE RESOLVED BY A JUDGE.
- Waiver of Class Action and Relief: ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THESE TERMS MUST BE ADJUDICATED ON AN INDIVIDUAL BASIS AND NOT ON A COLLECTIVE CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE EXPERTS/BUYERS, AS THE CASE MAY BE, CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER EXPERT/BUYER, AS THE CASE MAY BE.
- Disputes between Experts and Clients: You understand and acknowledge that Finest50 is a mere facilitator between the Experts and the Clients, and we in no way are responsible for the conduct of the Experts or the quality of the services offered by them or for the genuineness of Client’s queries. Therefore, if you have any claim or dispute against an Expert or Client, you undertake to take it up directly with the concerned Expert or Client, as the case may be. Finest50 shall not mediate or resolve such disputes, and nor shall become a party to such disputes. However, if you believe that an Expert or a Client has violated our Terms or applicable law or any other policy of Finest50, you can file your complaint at [email protected] and we will take necessary action in accordance to our policies and applicable law.
When you use the Platform or send emails to Finest50, you are communicating with us electronically. You consent to receive electronically any communications related to your use of this Platform. Finest50 will communicate with you by email or by posting notices on the Site or App. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing. We may give notice by means of a general notice via electronic mail to your email address as available with us. If you want to give a notice to us, you can do so by dropping an electronic mail to [email protected].
- Breach: Finest50 reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service and/or our other policies or due to any illegal or inappropriate use of the Platform or Services.
- Non-circumvention: You must not circumvent or attempt to circumvent our fees/commission model or communication mode by making the payments outside of Finest50 or communicating outside of Finest50.
- Feedback Rights: To the extent that you provide Finest50 with any comments, suggestions or other feedback regarding the Finest50 platform or Site or App, as well as other Finest50 services (collective, the “Feedback”), you will be deemed to have granted Finest50 an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Finest50 is under no obligation to implement any Feedback it may receive from users.
- Targeted Abuse: We do not tolerate users who engage in targeted abuse or harassment towards other users on Finest50. This includes creating new multiple accounts to harass other users or members through our message or consultation.
- Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions of these Terms will continue in full force and effect.
- Waiver: Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right that we have to enforce these Terms and nor shall any course of conduct between Finest50 and you or any other party be deemed to modify any provision of these Terms.
- Survival: Notwithstanding any other provisions of these Terms, or any general legal principles to the contrary, any provision of these Terms that imposes or contemplates continuing obligations on either party shall survive the expiration or termination of these Terms, for any reason whatsoever.
- No Third-Party Beneficiaries: Except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.
- No Assignment: You may not assign these Terms (or any rights, benefits or obligations hereunder) by operation of law or otherwise without the prior written consent of Finest50, which may be withheld at Finest50’s sole discretion. Any attempted assignment that does not comply with these Terms shall be null and void.
- Force Majeure: Finest50 will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, power failures and government-imposed lockdowns or similar restrictions.
- Updates to these Terms: We may add to or change or update these Terms at any time, from time to time, entirely at our own discretion, with or without any prior written notice. You are responsible for checking these Terms periodically. Your use of the Platform after any amendments to these Terms shall constitute your acceptance to such amendments.
- Grievance Officer/Designated Representative
- Name: Qusai Bany-Taha
- Email: [email protected]
- Postal: 71-75 Shelton Street, Convent Garden, London, UK – WC2H 9JQ
Feedback and Information
We welcome your questions or comments regarding these Terms. You can write to us via email: [email protected].