Termeni și condiții

This document establishes the relations between S.C. First Digital Imobiliare S.R.L. (hereinafter referred to as the "Company" or "FIRST") | CUI: 51078640 | Trade Register No.: J2024051390000 | Bucharest Sector 1, Strada LT. RADU BELLER, No. 3-5, and the persons who use ("User") the websites www.first.ro and/or the equivalent "First" application, which can be run on a mobile computer device, such as a smartphone and/or tablet available in mobile application stores (such as Google Play or App Store) ("First Application") and/or the services offered by the Company through the Website or the First Application ("Service/Services").

For the purposes of this set of Terms and Conditions, www.first.ro and/or the First Application will be referred to as "First Platform" or "First Portal".

Access to and use of the First Platform, including any page or section thereof, or any Service provided through the First Platform, may be made only in accordance with this set of Terms and Conditions, which also includes the Data Privacy Policy.

For the use of the space dedicated to legal entity clients ("professional users such as real estate agents/agencies, developers, etc."), this is supplemented by the provisions of the Terms and Conditions applicable to real estate agencies, real estate developers and other categories of B2B clients, for that section, plus the service contract and other agreements concluded separately between the parties involved.

The First Platform provides in the form of databases only the technical facilities, through which the information (Advertisements) is transmitted, without exercising any influence on the content of the Ads, subject to Sections 9, 10, 11 and 12 of these Regulations.

The First Digital Imobiliare Company is not involved in the relationship between the seller and the interested party or buyer, neither as an intermediary, nor as a contractual party or representative of a contractual party.

Contracts negotiated as a result of an Advertisement inserted on the First Portal / First Application will be concluded and executed without the participation of our company.

In order to use the services, we may request the user to express their agreement with this set of terms and conditions through a specific action, which has the meaning of an unequivocal consent (e.g. ticking the specific box "I have read and agree to the Terms and Conditions").

By checking a specific box, the user:

explicitly agrees to comply with all the clauses of this set of terms and conditions, as well as any other specific terms and conditions applicable to the services.
takes note of the conditions for processing personal data according to the privacy policy, which is an integral part of this set of terms and conditions.

In order to ensure compliance with the conditions of access and use of the Services, Users must check the Terms and Conditions of Use at the time of each access to the Website www.first.ro and / or the First Application.

Within the limits permitted by law, the Company is not responsible for the information entered by Users in the First Platform. Also, the Company is not responsible for the lack of full capacity to conclude legal acts.

!!! Even if you omit to review the terms and conditions, but use First or the First Application, we will consider that you have accepted this set of Terms and Conditions (including any updates thereto).

If you do not agree with the provisions of this set of Terms and Conditions (including any updates thereto), please do not use, or as the case may be, cease using the Site, the First Application or the Services offered by us, as the case may be.

1. Definitions

Listing

– a proposal to sell or make available a real estate property, made by the Seller published within the First Platform Service or an offer of services related to real estate transactions, based on the principles set forth in point 4 of the Terms and Conditions.

Services related to real estate transactions

– services offered by Users on the First Platform (e.g. furniture transport services, disinfestation/disinfection services, cleaning services, painting, etc.)

Category

– thematic category (e.g. apartments, land, houses, etc.) in which the Advertisement is assigned. Each category can be divided into subcategories related to the topic.

Account

– a set of data related to a specific User, which includes information regarding his/her activity on the Website, including information provided by the User on the Website. The rules regarding the Account are set out in point 3 of the Terms and Conditions.

Buyer

– a Visitor or User who carries out Transactions with the Buyer. (natural or legal person)

DSA

– Regulation (EU) 2022/2065 of the European Parliament and of the Council of 19 October 2022 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Regulation)

Supplier or FIRST

- First Digital Imobiliare S.R.L. is the main operator of your data for the purpose of the services provided, a Romanian legal entity with its main office in Bucharest, with its headquarters in Bucharest, Lt. Radu Beller Street, no. 3-5, registered with the Trade Register Office attached to the Bucharest Tribunal under no. J2024051390000.

Contacting FIRST is possible at the e-mail address: [email protected] or through other communication channels mentioned on the Website or mobile application.

Registration/validation

– the process of creating an Account by a User after providing the User's data, accepting the Terms and Conditions and activating the Account.

Limit

– the number of Free Ads related to the Categories selected on which the User may publish on the Website at any given time.

Real Estate

– any type of real estate that is the subject of an Advertisement. (e.g. apartment/house/land/commercial space/etc.)

Regulation

– this document generically called Terms and Conditions and the annexes thereto which establish the rules for using the Website and the mobile application. The current version of the Regulation is available on the Website at any time, in the footer section.

Paid Services

– paid services provided by FIRST to the User, including, inter alia: the publication of Advertisements or Advertisement Posting Packages and paid Promotion Services.

Promotion Services

– paid services for promoting the Advertisements provided in "Promotional Services"

Transaction

– any agreement concluded between Users or User and Visitor regarding a specific type of real estate property.

User

– any natural person, at least 18 years of age, with full legal capacity, who uses an Account Service after logging in to the respective Account.

Professional User

– any natural person, legal person or organization without legal personality, who runs a business or carries out a professional activity in his own name and who uses the FIRST Services in connection with his commercial, business, craft or professional activity, who uses an Account Service after logging in to the respective Account.

Seller

– a User who publishes an Advertisement on the Website and performs Transactions with the Buyer. (individual or legal entity)

Visitor

– an individual using the website, who does not have an Account or who is not logged in to it

FIRST Website (Service) or Page

– an online platform managed by FIRST available within the First.ro domain and on the FIRST mobile application.

Day

– means 24 consecutive hours.

2. General provisions

In accordance with these Terms and Conditions, FIRST is obliged to provide an insertion form for advertisements, and to ensure access to advertisements in the databases of the First.ro Platform via the Internet, for the period of time agreed with the User.

Any person using the Service is obliged to take note of the content of the T&C.

The terms and conditions of use of the Website, including the rules for registration, publication of Ads and purchase of Paid Services, as well as aspects related to payments and the procedure for filing complaints are those provided in the Terms and Conditions.

Visitors may only use limited functions of the Service, in compliance with the law and the principles of integrity.

The content published within the Service, including, in particular, the Announcements, regardless of their form, namely text, graphic and video materials, is protected under Copyright Law no. 8/1996 as amended, as well as subject to other laws, including, but not limited to, applicable laws regarding the intellectual and industrial property rights of FIRST, the Sellers and third parties. The use of this content, in any way, without the written consent of the authorized persons is prohibited. Any aggregation and processing of data and other information available on the Website for the purpose of further distribution to third parties on other websites and outside the Internet is prohibited. The use of the Website and the FIRST logos, including the characteristic graphic elements, is also prohibited without the express and prior consent of FIRST.

Subject to the right granted to FIRST in accordance with point 4. below, nothing in the T&Cs shall constitute an agreement to use FIRST's rights or the rights of third parties set forth above, nor shall it be construed as a waiver of such rights.

Within the First Platform, the following actions are possible:

Browsing the Website content;
Using the Account and its related functions;
Publishing Ads
Promoting Ads

The services of browsing the content of the First Platform, the Account services and those of publishing Ads within the free limits are provided free of charge. The other services are provided for a fee/price.

To fully use the Website, you must have a device connected to Internet, which meets the following requirements:

Active internet connection must allow two-way communication, via HTTPS protocol;
A current, properly installed and configured web browser that supports the HTML5 standard and cascading style sheet (CSS3) technology, e.g. Google Chrome, Mozilla Firefox, Opera, Microsoft Edge, Internet Explorer. Web browsers must work with a screen resolution of at least 1024x768 pixels;
JavaScript and cookies enabled (usually enabled automatically in your browser);
For mobile devices: a genuine Android version of at least 7.0 or a genuine iOS version of at least 13.0, and the FIRST application must be downloaded from an official store (e.g. App Store or Google Play). The website will not display properly on TVs, Blackberry and Windows phones.

FIRST will make every effort to ensure the uninterrupted operation of the Website and the mobile application. In order to ensure a high quality of services and an efficient operation of the Service, FIRST reserves the right to establish breaks in the operation of the Service. Technical interventions may occur at any time, during which certain functions of the Service and the services provided by the FIRST platform may be limited or unavailable.

Users who communicate with other Users through the chat function within the Service understand and agree that these conversations are not private, and their content may be collected/read by FIRST. By accepting these Regulations, the User confirms that FIRST has the right to access and analyze the User's communication made through the chat function of the website, in order to ensure the safety and security of Users, prevent fraud and improve the website. For more information on the reasons and manner in which FIRST accesses and analyzes the content of conversations held through the chat function within the Service, please study the Privacy Policy.

Ads published within the Service are displayed to Visitors/Users based on dedicated filters, which allow the selection of sorting principles. The filters used allow:

Ads positioning based on a recommendation system that takes into account the Visitor/User's search criteria and the content, parameters and completeness of the Ads (the default mode of content presentation);
Ads positioning based on the date they were added;
Ads positioning based on the price of the product or service offered.
Ads positioning based on detailed characteristics/particularities such as: location, number of rooms, orientation, number of bathrooms, floors, type, etc)

Ad Recommendations are based on an analysis of criteria that evaluates how closely the expression or phrase searched by the User matches the Ad title, its parameters, the search filters applied, and the most relevant category related to the expression or phrase. The recommendation system takes into account the following parameters:

The match between what was entered during the search and the content and title of the Ad,
The User's interactions with the Ad in the past,
The date the Ad was created,
The date the "Repost/Refresh" function was applied to the Ad,
If the Ad falls within the User's search category,
The distance between the selected location and location of the Ad,
Product Condition (new or used),
Seller Type (professional or individual).

Depending on the search category, the filters applied by the User to narrow the search results to specific parameters of the Ads, as well as the search terms or phrases, different parameters may increase or decrease the final match score and the position of individual Ads in the search results.

Within the Service, Visitors/Users may also receive recommendations related to other Ads offered by a particular Seller and other similar Ads. Recommendations for other similar Ads are based on the criteria defined above.

The Service may also display advertising content. The advertisements available within the Service are displayed according to the User's choices regarding cookie processing or according to the settings browser. If the User has consented to the personalization of content, the displayed advertisements are adapted to the User's preferences, based on his/her activity within the Service.

If FIRST has not obtained the User's consent to personalize the advertising content, the displayed advertisements will not be personalized and will be displayed based on advertising creatives prepared for the general base of Users. The First Platform promotes the real estate advertisements inserted by Users ("Ads") in various ways, in particular by including them in other web pages or in other online and printed media, as well as by advertising carried out by references to these Advertisements in various newsletter-type emails.

Users have the possibility to use the First Platform and its functions only within the limits of the current state of technology. The Company reserves the right to temporarily restrict the possibilities of inserting and accessing Ads, in accordance with these T&C or if this is necessary due to capacity limits, in order to maintain the security and integrity of the servers or to implement technical measures and if this serves a correct and proper execution, or improved, of the contractual services due (maintenance work).

In particular, by technical reasons it is understood that the activated Ads cannot be accessed or can only be accessed to a limited extent (unexpected system errors). Visitors/Users have free access to most of the First Platform Services, with the exception of the service of publishing an Advertisement on the First Platform, for which Users have access only after registering/validating the account and paying for this Service. Also, Registration/Validation of the Account allows access to additional features of the Platform First.

Other services that will be implemented over time, within the First Portal, are subject to the same Terms and Conditions, unless they have distinctly formulated terms of use. Any Advertisement or material uploaded or posted on the First Platform by the User (in any format) may be subject to moderation and/or restriction, before or after upload, including if we detect a violation of the Terms and Conditions or for illegal content. The User agrees to the transmission of Advertisements published on the First Portal and to affiliated sites in order to benefit from greater exposure.

Additional exposure is achieved through the following networks: Google, Facebook, Instagram, LinkedIn, Tiktok, Apple Store, as well as through the network of partner sites. For this purpose, the User agrees to the transmission of the public text of the Advertisement, the photos attached to the Advertisement, the details of the advertisement, as well as the contact details published in The respective Advertisement. First cannot control the way in which the Advertisements are displayed on the affiliated sites, but will make efforts to ensure the greatest possible exposure.

The User is solely responsible for ensuring that the publication of the advertisements on the First Platform and on the affiliated sites (including the information, photos attached to the advertisements and contact details published in the advertisements) fully complies with the legal provisions on the processing of personal data, including that the data subjects whose personal data are included in the advertisements have been correctly and completely informed, and their consent (where applicable) to the processing of their personal data in the context of the publication of the advertisements has been obtained in compliance with the relevant legal provisions.

The User assumes full responsibility for the use of the First Platform and any of its functionalities, ensuring that they use the First Platform in a manner that does not violate the law and/or the legitimate rights and interests of any person.

3. User Account

Registration/Validation of the User account on the First Platform is free of charge. This document, "Terms and Conditions", represents the contract between the User and the Company, which enters into force at the time of registration on the First Platform.

The User's only rights are those expressly provided for in any separate service contract or other agreements concluded between the parties, as well as in these Terms and Conditions. They must be used in good faith by a person who has reached the age of 18, with full legal capacity.

Eligibility

Only legal entities and individuals who have full legal capacity can create a User account. The First Platform is not intended for minors, and its use by minors is prohibited.

The Company cannot be held liable for failure to comply with this condition by visitors or users.

Registration methods

The Company provides the User with four methods of account registration:

By phone
By email
By connecting the Facebook account
By connecting the Google account

To connect the Facebook or Google account, the User must accept the conditions displayed by these platforms.

User's obligations

Providing complete and correct information when creating the account.
Keeping account information up to date.
Keeping the confidentiality of your personal password.

Account restrictions

Each User can have only one account.
Multiple registration is prohibited to abuse promotions or other benefits.
Accounts inactive for 12 months may be deleted.
Email addresses not confirmed within 30 days will result in account deletion.

Limitation of liability

To the extent permitted by law, the Company is not liable for the information entered by Users on the First Platform. Also, the Company is not liable for the lack of full capacity to conclude legal acts.

4. Rules for publishing Ads

FIRST offers Users the opportunity to publish Ads within the Service. Publishing an Ad on www.first.ro by a User takes place after validating the email address and phone number, completing the appropriate form and subject to SMS verification. SMS verification is performed only once and involves sending a verification code to the phone number provided by the User, a code that the User subsequently fills in within the form, where a single phone number is used for SMS verification, within a single account.SMS verification may be repeated in connection with internal security procedures.

An Advertisement published by the User within the Service is accessible to all Visitors/Users of the Service.

At the time of publishing the Advertisement, the User grants FIRST a non-exclusive, territorially unlimited and free license to record, multiply and distribute the entire Advertisement or part of it for the purpose of displaying it within the Service, as well as for the purpose of distributing it to FIRST partners through whom it is ensures the promotion of the Service, as well as anywhere on the Internet, including search engines (such as Google) or social networks (such as Instagram). The granting of this license is necessary for the full use of the Service. Due to the specific nature of the Internet, FIRST does not have full control over the distribution of content published or transmitted through the functions of the Service to other Users and does not assume responsibility in this regard on behalf of third parties, in particular in the case of copying and distribution of Ads by such persons and portals not related to the Service.

The content of each Advertisement will be real, unambiguous, easy to understand and will meet the technical requirements specified by the Provider. The User has the freedom to determine the content of the Advertisement within the legal limits and in accordance with the following requirements:

The announcement will be written, as a rule, in Romanian and will not contain words commonly considered vulgar or offensive.
The announcement may also be written in a foreign language;
The user will select a Category and thematic sub-category corresponding to the property in which the Announcement must be assigned;
The user will indicate the total price in RON or Euro (specifying the VAT amount, if applicable) and will mention, where possible, that the price is negotiable.
The User shall specify the condition/category of the property (new or used, urban or rural, etc.)
The content of the Advertisement must include a clear, correct and complete description of the property, including real and non-misleading information regarding its characteristics. It is prohibited to transmit this information outside the Service;
An Advertisement may concern only one property;
The same related Service may be the subject of only one Advertisement at a time
The User is obliged to insert an Advertisement only in the section provided for that type of property covered by the respective Advertisement (apartments, houses/villas, land; rentals or sales).
Users are obliged to provide complete and correct information regarding the property being promoted (in particular regarding price and areas).
It is prohibited to insert incorrect or confusing information into Ads (e.g. price, area with incorrect value: 1 EUR, 1 sq m, price/sq m=total price etc.).
The price is mandatory to fill in.
During the insertion process, the User must fill in the mandatory fields, and to the extent that he knows the additional information required by the insertion form, to fill in these fields as explicitly as possible.
Successive Ads with the same content are not allowed (duplicate Ads).
Ads may be illustrated with photographs. The User undertakes to insert into the databases of the First.ro Platform only those photographs that he is authorized to use without restrictions and that are not encumbered by third party rights - in particular intellectual property rights of to third parties. In this case, the User understands and accepts that the entire legal responsibility towards third parties belongs to him. The photos used must not be misleading and must reflect the current state of the property offered in the Advertisement. The introduction of images can be a determining factor in the sale/rental process. The use of images that are not related to the property is prohibited. The use of images that present signs (watermark, logo, name or others) of other competing real estate sites is prohibited. (This does not include the sites of agencies that have contracted services from First.ro); It is prohibited to introduce an image more than once (duplicate images).
The Advertisement cannot violate legal provisions or good morals through wording, content, visual presentation or the intended purpose. It is prohibited to post discriminatory Advertisements based on race, nationality, language, religion, sex or sexual orientation, ethnicity, social category, beliefs, age, disabilities, chronic non-contagious diseases, HIV infection, belonging to a disadvantaged category or any other similar situations.
The Content of the Advertisement may not include information such as: promotional and advertising content, website addresses and other elements that direct Users to services similar to those provided by FIRST (i.e. services for publishing offers or announcements from Internet users).
The Content of the Advertisement may not include information such as contact methods (e-mail addresses, link/URL, telephone numbers) displayed in the title, description or photos associated with the Advertisement.
In addition, it is not allowed to include in Advertisements so-called telephone line numbers, which, when called, result in higher telephone charges for callers.
It is not allowed to Ads with illegal, immoral content, or that are not related to the theme of the first.ro Platform.
Obscene words or any Ads that could harm the interests or image of a natural/legal person are not allowed.
It is prohibited to use email addresses from the First.ro Platform pages to send SPAM.
Any kind of abuse of the service offered is prohibited.
Ads that contradict the above will be subject to moderation/restriction according to these T&Cs.
Since FIRST does not have the technical possibility to check each Ad before publication, it reserves the right to restrict Ads that do not comply with the conditions provided for the use of the First.ro Platform, when it notices or is informed of the violation, in accordance with these T&Cs.
The User shall provide the Company, in due time, with any additional information requested by the latter regarding the Advertisement or any other aspects necessary for compliance with legal requirements or those contained in these T&C.

A User may place Advertisements in the public section of the First.ro Portal only if he is registered and has paid the price for the Advertisement insertion Service. Abusive use, in particular by using multiple User accounts, with the aim of abusing the rights granted by the quality of User or to evade the obligations imposed by these T&C (other than those covered by sections 6 and 7 below), gives the First Company the right to restrict the possibility of accessing the multiple accounts and to terminate the user contract exceptionally, in compliance with the applicable contractual conditions and these Terms and Conditions.

In if the User publishes an Advertisement in an erroneous category, FIRST has the right to change the Category, but if such a change would lead to the publication of an Advertisement outside the Limits, the Advertisement will be deactivated.

The Object of the Advertisement cannot constitute:

a search for properties
disguised offers of meetings, of a matrimonial or sexual nature
objects whose marketing is prohibited by applicable legislation, or objects that are the subject of forced execution procedures or that are part of a patrimony subject to bankruptcy or insolvency proceedings.

The publication of an Advertisement on the Website is made by the User by:

clicking on the "Add Advertisement” section or a similar section;
making the payment (for Paid Ads).

The display of an Advertisement within the Service begins after its publication (publication is conditional on payment for the service, for Paid Ads) and lasts for another 30 days, but not later than the date on which one of the following circumstances occurs:

The User has sold the property;
The User has modified the Advertisement in a manner that indicates that it refers to a different property than the one it originally referred to;
The User has deleted the Advertisement.

In the event that FIRST finds non-compliance with the rules for publishing advertisements, FIRST will have the right to delete the Advertisement in accordance with the principles set out in point 12 of the Regulations.

The User may extend the display of the Advertisement by another 30 days, but the extension will be paid in the Paid Ads Categories.

After the end of the Ad display period, regardless of the reason, the Ad is stopped from publication and archived in the files of the corresponding Accounts, where they are available to the Users who paid for it, if the Users do not delete the Ad themselves.

Paid Ads contain additional TOP promotion (priority display in the Ad lists before SMART Ads) or SMART (display in the Ad lists after TOP Ads, but before BASIC Ads), Paid Ads contain additional BASIC promotion (priority display in the Ad lists before Ads without promotion). The criteria and method of displaying Ads on the www.first.ro website may differ from those in the First application, according to those described in this document or in the terms and conditions of provision of First Application, as applicable.

The promotion of TOP, SMART and BASIC Ads will be made according to the period selected and paid for by the User. If SMART and TOP promotion are purchased at the same time for an Ad, the TOP promotion period will be consumed before the SMART promotion period. At any time, the TOP or SMART promotion period can be extended, without losing any unconsumed days.

After registering the payment confirmation, the ad will be promoted/displayed on www.first.ro and the user will receive a confirmation email. The display of the paid Ad on the Site begins immediately after the Ad activation operation has been completed. The validity period of the Ad begins as soon as the Ad has been displayed on the Site. Upon expiration of the aforementioned validity period, the Ad will be deleted from First's public databases and will be kept only in the User's account. During the period in which an Ad is saved in the user's account, the user will receive emails and/or sms information/notification confirming the status of the Ad: e.g. "SMART promotion has expired", "TOP promotion has been extended", "Is the Ad still valid?" etc,

Terms and Conditions and Price List of the First Platform for uploading Announcements on the First Platform, applicable in each case on the date of insertion or extension of the validity of the Announcement, will be decisive with regard to the content of the contract and the price of the Announcement.

Changes to the content of an Announcement are free of charge and can be made whenever necessary. It is not allowed to modify the fields that uniquely define the Announcement. These fields are highlighted by a specific icon indicating that the field is blocked. An Announcement can be deleted/deactivated (if it has expired or has never been activated) by the User at any time. If an Announcement is deleted by the User, no refund of the amount already paid is granted. If an Announcement is deactivated, it will no longer be displayed on the First Platform. The Announcement can only be started within the paid period and will be displayed on the First Platform until the expiration of the initially paid period.

4.1. Payment by card

How to make a payment:
These types of payments are made through our partners: NETOPIA FINANCIAL SERVICES SRL.
The use of payment will require the establishment of a separate legal relationship with the respective payment service provider and the acceptance of its Regulations, as well as its Privacy Policies. FIRST is not a party to such a relationship and does not have the possibility to intervene in its content or implementation. In the event of any problems related to payment, the User must contact the relevant payment operator, in order to clarify any doubts or to file a complaint. In exceptional situations and within the limits of technical and organizational possibilities, FIRST will provide support to the User in order to clarify the problem. FIRST does not assume responsibility for payment services provided by an external service provider.
Unilateral termination In case of unilateral termination by The User, the Company is the one who will have the obligation to verify the fulfillment of the termination conditions.
Data retention All information and documents related to transactions will be kept by FIRST for a period of at least 12 months from the date of their execution or for the minimum period imposed by law, where applicable. Card data processing is done exclusively on the servers of the processing bank. The First platform does not request or store any details related to your card.
Commissions, Taxes, Payments No additional commission is charged for posting/promoting ads on the website www.first.ro

Regardless of the currency you have in your bank account, transactions are made in RON, at your bank's exchange rate on the day of payment, even for paying for services whose price is expressed in foreign currency (in EUR).

The price of the service is stipulated in Euro on the First Platform, but at the time of the transaction, you will be informed about the amount of money in lei that will be withdrawn from your card.

The User will be informed, visibly, on the Website about the current price of the selected Paid Services, each time. All prices indicated on the Website or in the price lists are gross prices (which include value added tax, respectively VAT) expressed in Euro (EUR). The price lists are available in the “Prices” section. The price lists contain information about the Paid Services to which the dynamic price is applied.

Payments are made in advance, respectively in the total amount required for a certain Paid Service, before the start of its provision, through the payment methods made available by FIRST.

The provision of the Paid Service will not begin earlier than the moment which the payment for this Paid Service has not been fully credited to the FIRST account.

The sales price will be displayed in RON before the purchase is completed, using the following calculation formula: the EURO / RON exchange rate, communicated by the National Bank of Romania, valid for the last published exchange rate day, prior to the payment. For details regarding the publication of the Announcement on the Site, you can call First Digital Imobiliare - Technical Support service at [email protected].

4.2. Generating tax invoices for individuals and legal entities

The provision of services to the User by FIRST is documented through the invoices issued.

The Company issues a tax invoice to all individuals and legal entities, automatically, on the day following confirmation of the payment made, for all payments.

In the email received by the User, confirming the publication of the Announcement on The First.ro Portal, the data of the natural or legal person are mentioned, according to which a tax invoice will be issued. The User has the possibility of modifying these data, if they are not complete or incorrect, both from his account on the First.ro Portal, and directly from that email, only on the day of payment. After the expiry of this term, the actual invoice will be issued and sent in electronic format.

After the issuance of the tax invoice, requests for modification/cancellation of the issued invoice are no longer accepted.

In the event of early termination of the display of the Advertisement, due to the deletion of the Advertisement by the User or in the event that the property has been sold or the User has changed the object of the Advertisement in such a way as to indicate that it refers to a different property than the one initially referred to, the cost charged for publishing the Advertisement and for the Paid Services related to it, for the unused period, will not be refunded. will be refunded.

Ads that are illegal or violate the provisions of the T&C, in particular those: added within an erroneous category, that are similar or duplicated, that are repeated many times (of a spam nature), considered offensive, that have pornographic or erotic content, content that can be interpreted as promoting sexual or erotic activities in exchange for sums of money, that constitute an attempt at fraud, that violate any copyright, will be deleted.

In the case of Paid Services provided by First for the benefit of the Professional User, the Provider will transmit the invoice issued in the national electronic invoice system RO e-Factura, regardless of whether the Professional User is registered or not in the RO e-Factura Register.

In the context of the provisions of Law no. 296/2023, the User undertakes to provide all the data requested in the forms related to the Paid Services or for issuing an invoice. Failure to communicate these requested data could prevent the completion of the ordering process for Paid Services, as well as the payment or receipt of an invoice. First is entitled to verify the billing data indicated by the User in the ANAF (National Tax Administration Agency) database. In the event of any irregularity being found, the User undertakes to update the information and eliminate the identified errors.

Ads of Users who have not yet completed the data necessary to generate the tax invoice (last name, first name, county, locality/sector, street, number, block, apt.) are marked as inactive and will be displayed on the Firstr.ro Portal only after saving this data, without losing anything from the purchased promotion interval.

5. Paid Ads

The User's publication of a Paid Ad on the First Platform is possible after the User purchases a single Ad – in accordance with the price list corresponding to a certain Category, (optionally, together with a package of Paid Promotion Services)

Activation of a Paid Ad within the Service will take place after payment confirmation by the payment processor.

6. Advertisement Promotion Services

To increase the visibility of the Ads, Users may resort to paid Promotion Services, in the form of Promotion in the list of Ads, Promotion on the first page of the Website and Paid Refresh, presented in detail under “Promotion Services”. The User may use any Promotion Services at the time of publication of the Ad or during its display

The Promotion Services and their related Packages are provided for a single Advertisement.

The Promotion Services are also available in bundles of such services, as provided under “Promotion Services”. Activation of the Promotion Services Packages occurs when you start using the Promotion Services included in the Package. The rules regarding the Promotion Services that are the subject of the Package remain unchanged.

FIRST is not responsible for the effectiveness of the Promotion Services, which are understood as representing a real increase in interest in an Advertisement or the Product offered through it.

7. Liability for content

The User of the Advertisements is solely responsible for the content of the Advertisements, subject to other legal provisions to the contrary. The Company does not verify the Advertisements in terms of correctness or completeness. The Company does not guarantee the correctness or completeness of the Advertisements.

The Company excludes, subject to and within the limits permitted by law, any guarantee and liability for the compliance of the Advertisements with the legal provisions.

The Company excludes (subject to and within the limits permitted by law), in particular, any guarantee or liability granted to Users deriving from the fact that the sale-purchase/rental contracts negotiated or concluded based on the Advertisements published on the First.ro Platform may not be valid in accordance with the legislation applicable, or may result in legal or economic disadvantages for one or both parties to the sale-purchase contract.

8. Liability exemption clause

The User guarantees and exempts S.C. First Digital Imobiliare S.R.L. from any liability and/or claims of third parties against First.ro due to the violation of the rights of these third parties by the User's Announcement or by any other use of the Company's services by the User. Hereby, the User also assumes the obligation to bear the expenses necessary to defend the rights of first.ro, including any judicial and legal fees. This rule does not apply, if and to the extent that the User is not responsible for the violation of rights.

9. Content Moderation and Notifications of Illegal Content

The Company has no general obligation to monitor the Announcements, as well as any other information of any nature provided by and stored on behalf of Users (hereinafter referred to as "Content") or to actively search for facts or circumstances indicating illegal activity or the incompatibility of the Content with the rights of third parties, with these Terms and Conditions or with other legal provisions. However, FIRST reserves the right to conduct voluntary investigations on its own initiative to detect, identify and remove or disable access to illegal or incompatible Content, and to take any necessary measures in accordance with the law and/or these Terms and Conditions.
The User agrees to cooperate and assist FIRST in good faith, to provide FIRST with the requested information and to take the actions reasonably requested by the Company with respect to any investigation undertaken by the Company regarding the Content on the First.ro Platform or its use, including following the submission of a Notification of illegal content.
The Company provides Users and third parties, including trusted notifiers designated in accordance with Article 22 of Regulation (EU) 2022/2065 on a single market for digital services and amending Directive 2000/31/EC (Digital Services Regulation) (hereinafter referred to as "DSA"), with the means to notify the Company of allegedly illegal Content, directly from the first.ro Platform, by using our electronic notification form. The electronic notification form is available (i) either within the Advertisement by accessing the "Report Advertisement" button (issue type "Illegal Content"), or (ii) within the Notification of illegal content form, accessible by selecting the "Report illegal content" button at the bottom of the website (footer) of the First.ro Platform.
To the extent possible, the person making the report shall provide, by completing the fields of the notification form Notification of illegal content, all the data necessary for FIRST to identify the illegal content, also taking into account the provisions of art. 16 para. (2) of the DSA, namely the following information, as required in the notification form:
1. a sufficiently justified explanation of the reasons why the person making the report claims that the information in question constitutes illegal content;
2. The exact URL or URLs related to the Content, or, if necessary, additional information allowing the identification of the illegal content;
3. the name and e-mail address of the person submitting the notification (according to the instructions in the form);
4. a statement confirming that the person submitting the notification has in good faith the belief that the information and claims contained in the notification are accurate and complete. In the event of failure to fully or properly complete the mandatory fields within the Notification of Illegal Content form, the Company may be unable to identify the allegedly illegal Content or to take action on the notification received. For example, for certain types of notified information (e.g. copyright infringements), without the identity of the person submitting a notification, it is likely that it will not be possible to determine whether the information in question constitutes illegal content or not.
In the absence of providing electronic contact details of the person submitting a Notification of Illegal Content, the Company will not be able to send that person an acknowledgement of receipt of the notification.
FIRST makes decisions regarding the information to which notifications refer, in a timely manner, diligently, non-arbitrarily and objectively.
FIRST will notify, in accordance with the law, the individual or entity in question of the decision which it has taken in relation to the information to which the notification refers, providing information on the possible remedies in relation to the decision.
The Company may request additional information and data from the person who submitted a Notification of Illegal Content, to the extent necessary for the resolution of the notification received and if contact details of the person who submitted the respective notification have been provided.
As part of its own-initiative investigations and/or analysis of Notifications of Illegal Content or other notifications and reports, the Company uses various processes and tools to identify, review and moderate Content. This may include human review, automated review or a combination of both. In the event that automated means are used to process Notifications of Illegal Content or to make decisions regarding such Notifications, the Company will inform the User about the use of automated means, within the framework of the decision referred to in Section 9.7 above and/or in other situations provided for by law.
FIRST suspends the processing of Notifications of Illegal Content that are manifestly unfounded in accordance with Section 12 of these Terms and Conditions.
The person who submitted a notification has the right to file a complaint regarding the decisions taken by the Company regarding the notification received, under the conditions Section 11 of these Terms and Conditions.
For clarity, for reporting Illegal Content, our electronic notification form ("Notification of illegal content") will be used exclusively
We also inform you that in the Contact DSA section accessible by selecting the "Contact DSA" button at the bottom of the first.ro Platform website (footer), you will find the following information: - single point of contact for the authorities of the Member States, the European Commission, the committee referred to in art. 61 of the DSA and the trusted notifiers; - single point of contact for the recipients of our services.
For all other reports and notifications that are not subject to this Section 9 or the requirements imposed by the DSA, Users may contact the Company by phone, chat or email, at the Company's contact details published on the First.ro Platform.

10. Measures restriction, reporting and other measures

Following its own investigations, Notifications of illegal content or other notifications received, the Company may take additional investigative measures or measures to restrict the Content, in accordance with these Terms and Conditions.
The Company may take verification measures to establish the circumstances of the case, acting in a proportionate and reasonable manner, including, for example, by contacting the person who reported, the author of the Content (if the Company knows their contact details), the competent authority or an external consultant.
If additional information is necessary to clarify the compliance of a Content and, depending on its nature and the severity of the violation, the Company may send a warning to the User(s) responsible for the respective Content, and may grant them a period for clarification and/or compliance (e.g. requesting modification, withdrawal of the non-compliant Content, provision of supporting documents, etc.). If the User does not comply, within the term indicated by the Company, with the warning notification received, the Company may take other more serious measures to restrict the Content in accordance with these Terms and Conditions.
Depending on the seriousness of the alleged violation, the Company may immediately block the respective Content, in particular, the Advertisement, as well as all related promotional services. In the event of blocking the Advertisement, its visibility will be restricted, namely the content will not be visible or available to people using the public section of the First.ro Platform.
The Company may immediately take any restrictive measure with respect to Illegal Content upon receipt of an order to this effect issued by the competent authorities pursuant to art. 9 of the DSA. In such a case, if it knows the relevant electronic contact details, the Company shall inform, in accordance with the law, the User responsible for the Illegal Content restricted in any way, of the order received and the manner in which the order was complied with, the reasons for the decision, the possible remedies and a description of the territorial scope of the respective order.
The Company may take the following measures, if there are sufficient indications that a User has provided Content on the First.ro Platform that has violated legal provisions, third party rights or these Terms and Conditions, or if the Company has any other legitimate interest: - restricting the visibility in the public section of the First.ro Platform of the Advertisements or other content inserted on the First.ro Platform; - not publishing, delaying the publication Advertisements or other content inserted on the First.ro Platform; - sending warnings to Users; - limiting or restricting (temporarily or permanently) the use of the First.ro Platform or access to the First.ro Platform.
The Company suspends the provision of Services to Users who frequently provide blatantly illegal Content according to Section 12 of these Terms and Conditions.
The Company may restrict Advertisements if they violate these Terms and Conditions (in particular the provisions set out in Section 6), the rights of third parties through, for example, their content or presentation, or any applicable legal provisions.
The Company may finally and definitively restrict a User's access to the First.ro Platform, if he has repeatedly violated these Terms and Conditions or if he has done so in particularly serious circumstances, has provided illegal Content, or if there are other important reasons.
When a User's access is restricted, he/she may no longer use the First.ro Platform and may no longer register a new User account.
If the Company knows the relevant electronic contact details, the User to whom the Company has applied a restriction will be informed at the latest at the time of application of the restriction (or within the time limit provided by law, if the law provides a specific time limit, by reference to the type of restriction imposed and the quality of the User) about the details of the restriction, the reasons for the decision taken, the legal or contractual grounds violated, the possible remedies, except for orders received from competent authorities or in the event of widespread misleading commercial content. For the avoidance of doubt, the affected User always has the right to an effective remedy before a court of law against a restriction decision taken by the Company.
For clarity, the Company will inform Professional User in accordance with Section 10.11 above in the event of any restriction, suspension or termination of the provision of its Services to the relevant Professional User.
In the event that the Company decides to completely cease providing the Services to a User acting in a commercial or professional capacity (hereinafter referred to as "Professional User"), the Company will send the relevant User a notice, at least 30 days before the termination takes effect. However, the Company is not obliged to provide the relevant Professional User with such notice, if a restriction or suspension of the provision of the Services to such Professional User has been applied.
The Company may take any action it reasonably deems necessary to comply with applicable law, the order or request of a court, and/or a competent authority/institution. The Company will inform the competent authorities if the Company becomes aware of any information that raises suspicion that a crime involving a threat to the life or safety of one or more persons has occurred, is occurring or is likely to occur.
The affected user, who does not agree with the restriction decision taken by the Company, has the right to file a complaint in accordance with the provisions of Section 11 of these Terms and Conditions.
The Company may provide data regarding the User and the Content upon the order of the competent authorities, including under the conditions of art. 10 of the DSA, and may transmit data regarding the notifications received, to the Users affected by the measures taken with respect to the respective notifications.
Users may at any time unilaterally terminate the user agreement. For this purpose, a participant may request the deletion of the User account at any time.
The Company may unilaterally terminate the user agreement at any time, with a 15-day unilateral notice of termination (unless the contract or the law provides for a longer notice period), subject to the application of Section 10.13 above. The right to restrict access remains unaffected.

11. Internal complaint resolution system

Users and persons who have submitted a notification to the Company have the right to file a complaint regarding the decisions taken by the Company regarding the notification received or regarding the restriction decisions for illegal or incompatible content with these Terms and Conditions.
The complaint may be filed within six months from the date of receipt of the restriction decision by the User in question or from the date on which the notifier is informed of the decision taken by the Company regarding the notification sent.
The complaint may be filed within the Company's internal complaint resolution system by sending it electronically to [email protected], according to the instructions provided in the decision or statement of reasons provided by the Company. The Company suspends the processing of complaints from Users and notifiers in accordance with Section 12 below.
In the event that the complainant has not submitted The Company may notify the complainant of the missing information, and the Company may grant the complainant a deadline for clarification/compliance.
The Company shall handle complaints submitted through the internal complaint resolution system in compliance with art. 20 DSA, in a timely, non-discriminatory, diligent and non-arbitrary manner.
Complaints/notices shall be analyzed and shall receive a response within a reasonable period established by the Company according to the situation.
The Company may cancel the restriction decision or may follow up on the notification received, if the Company considers that the complaint is well-founded, under the conditions of art. 20 paragraph (4) DSA.
The complainant dissatisfied with the Company's solution to the complaint has the right to select an extrajudicial body dispute resolution body certified in accordance with Article 21 of the DSA to resolve disputes related to those measures, including complaints that have not been resolved through our complaint management system. The Company and the complainant will cooperate in good faith with the selected dispute resolution body to resolve the dispute. The Company reserves the right to refuse to cooperate with the dispute resolution body if a dispute relating to the same Content and the grounds for the alleged illegality of the Content or its alleged non-compliance with these Terms and Conditions has already been resolved or is already the subject of ongoing proceedings before a competent court or before another competent out-of-court dispute resolution body.
Nothing in these Terms and Conditions affects the right to an effective remedy before a court.

12. Abuse Policy

The Company suspends the provision of the Services for a reasonable period of time to Users who frequently provide content that is manifestly illegal. The Company will consider Content to be manifestly illegal if it is obvious to a layperson, without conducting any background analysis, that that Content is illegal. The Company reserves the right to immediately suspend the ad/account of the user responsible for that ad without any further warning.
When deciding on such suspension, the Company shall take into account all relevant facts and circumstances arising from the information available to the Company, including (a) the absolute number of items of manifestly illegal content transmitted in a given period of time; (b) the relative proportion of such number to the total number of information provided in a given period of time; (c) the seriousness of the abusive uses, including the nature of the illegal content, and their consequences; (d) the intention of the User who provided the illegal Content, to the extent that it may be determined by the Company.
For example, the Company may take into account the following aggravating circumstances when deciding on such suspension:
- if the User has a history of repeatedly providing Content in violation of legal provisions;
- if the User continues to provide Illegal Content despite previous warnings and measures applied by the Company;
- if the Illegal Content involves violence, discrimination, fraud, criminal activities;
- if the User acted with the clear intention of spreading Illegal Content;
- if the User attempted to manipulate the Security measures of the First.ro Platform in order to continue publishing Illegal Content;
- if the User has behaved in a manner that has caused significant harm to others Users, has put the First.ro Platform in an unfavorable light or has created an unsafe or hostile environment for other Users.
The Company may also consider the following mitigating circumstances when deciding on such suspension:
- The User has a history of cooperating with the Company, in particular when receiving warnings, and/or providing Content in compliance with legal provisions;
- The User has taken proactive steps to remedy previous violations.
The Company shall suspend the processing of Notifications of illegal content for a reasonable period of time, if the notifier in question frequently sends notifications that are manifestly unfounded. The Company shall issue a warning prior to such suspension. When deciding on such suspension, the Company shall take into account all relevant facts and circumstances arising from the information available to the Company, including (i) the amount, severity and frequency of unfounded notifications; (ii) the ratio of unfounded notifications to all notifications of the notifier; and (iii) the intentions pursued by the notifier, to the extent that these can be determined by the Company.
The Company shall suspend the processing of complaints from Users and notifiers for a reasonable period of time, if they frequently submit complaints that are manifestly unfounded. The Company shall issue a warning prior to such suspension. When deciding on such suspension, the Company shall take into account all relevant facts and circumstances arising from the information available to the Company, including (i) the amount, severity and frequency of unfounded complaints; (ii) the ratio of unfounded complaints to all complaints; and (iii) the intentions pursued by the User or notifier, to the extent that the Company can determine them.
The Company will determine the duration of the suspension on a case-by-case basis, depending on the circumstances of the case, for example:
1. For minor violations: temporary suspension for 24 hours;
2. For moderate violations: temporary suspension for 7 days;
3. For serious violations: temporary suspension for 15 days.

13. Updating databases, deleting Ads

In order to make the property search as interesting and successful as possible, the Company makes every effort to update its databases. Therefore, Users undertake to delete Ads as soon as the property on offer has been sold/rented, or if it is no longer available for other reasons.

14. Property search, recommendation systems and system integrity

The Company uses recommendation systems to display information on the First.ro Platform in a more relevant way. To make it as easy as possible for you to find a suitable Ad, each filtering and recommendation factor may be more (or less) important in different cases, depending on what we believe is most likely to produce a list of Ads that you may want to view.
Ads published within the First.ro Platform are displayed to Users based on dedicated filters/criteria, which allow the selection of sorting principles. The display and sorting criteria and filters used within the First.ro Platform allow the display and sorting of Ads based on a system that takes into account the search engines (sections), search criteria and filters, as well as the search results sorting criteria, pre-established by the Company and selected by the User. The specific search and sorting filters preset by the Company, which can be selected by the User within the First.ro Platform, are mentioned in these Terms and Conditions by way of example. The Company may change their name or exact configuration over time.
Users can search for properties in the First.ro Platform databases exclusively through the search engines provided by the First.ro Platform. It is not allowed to search for properties by circumventing the usual search engines, in particular, by using search programs to access the First.ro Platform databases.
Users can search for properties in the First.ro Platform databases by selecting different search engines (sections), such as the section with properties in Romania (the default search engine) or they can select other search engines made available by the Company, such as Residential complexes
Within each search engine (section), Users can select specific filters preset by the Company and selected by the User, in order to reduce the search results in order to better match the Ads displayed with the interests of the Users:
Section with properties in Romania (default search engine)
1. Ads displayed in the results list can be filtered by numerous filtering criteria such as: area, property type, transaction type, price, number of rooms, surface area, year of construction, subdivision, lack of commission, new homes, etc.
2. Ads lists on the www.First.ro website are sorted by default (Top Listing) according to the commercial criterion, namely the type of promotion service purchased by the User who published the Ad. Basically, an Ad for which a superior promotion service was purchased will appear higher in the results compared to an Ad for who purchased an inferior promotion service.
3. The ad lists in the First.ro Application are sorted by default according to the match, based on our recommendation system described below, if its use is allowed by the User and if the data on which this system operates is available, or, otherwise, the default sorting is done according to the date of publication in descending order.
4. However, the User can change the order of displaying the Ads both on the website www.first.ro and in the First.ro Application, depending on their own interest, by selecting other specific sorting criteria pre-established by the Company, such as:
  - ascending price - Ads are displayed in ascending order of price, starting with Ads with the lowest price, to those with the highest price.
  - descending price - Ads are displayed in descending order of price, starting with the Ads with the highest price, to those with the lowest price.
  - descending publication date – Ads are displayed in descending order of publication date, starting with the Ads published with the most recent date, to those with the most distant publication date.
5. Ads that have identical characteristics chosen as sorting criteria (for example, have the same price when the sorting criterion chosen was the ascending/descending price), will be displayed on the website www.first.ro according to the following display parameters (listed below in the order of application):
  - commercial criterion - Top Listing (the type of promotion service purchased by the User who published the respective Ad). Basically, if the User has chosen for the Ads to be displayed according to of the increasing price, the Advertisement for which a higher promotion service was purchased will appear in the results list before an Advertisement for which a lower promotion service was purchased. If a User has purchased a higher promotion service for a particular Advertisement published by him, it may mean that the said User has an increased interest in promoting that Advertisement and thus there are greater chances of concluding a faster transaction regarding it.
  - average daily impressions criterion: If Ads are priced the same and are promoted through a promotion service of the same rank (Top Listing), the Ad with the lowest average daily impressions will be displayed first in the results list. In this way, Ads with fewer impressions become more prominent, for a more even distribution of Ads, in order to increase the chances that the respective property will be viewed by a User.
  - descending publication date - If Ads are priced the same, are promoted through a promotion service of the same rank (Top Listing) and have the same number of impressions, the Ad published on a more recent date will be displayed first in the results list. A newer Ad is likely to be more relevant to you by relating mainly to the probability of another User concluding a transaction with respect to that Ad and removal of the respective Advertisement from the First Platform, and to the greater chance that the respective Advertisement was not seen by you.
6. Ads (i) that have identical characteristics chosen as sorting criteria (for example, have the same price when the sorting criterion chosen was ascending/descending price), as well as (ii) if the User has not allowed the application of our recommendation system described in points 14.13 – 14.16 below and/or if the data necessary for the operation of this system is not available, will be displayed in the First.ro Application according to the following display parameter:
  - descending publication date - The Advertisement published on a more recent date will be displayed first in the results list. A newer Advertisement is likely to be more relevant to you by mainly relating to the probability of concluding a transaction by another User regarding the respective Advertisement and the removal of the Advertisement respectively within the First.ro Application, and the higher chances that the respective Ad has not been seen by you.
Within the Residential Ensembles section:
1. The Ads displayed in the results list can be filtered according to numerous filtering criteria preset by the Company and selected by the User such as: locality, area, property type, price, number of rooms, surface area, construction stage, etc.
2. The system for displaying and sorting the Ads also takes into account the search criteria freely established by the User by completing the fields regarding the name of the ensemble and keywords entered by the User.
3. The Ad Lists are implicitly sorted according to the type of promotion service purchased by the User who published the Ad (Promotion), with the Ads for which Users have purchased a superior promotion service.
4. However, the User may change the order of displaying the Ads according to his own interest, by selecting other specific sorting criteria preset by the Company, such as:
  - ascending name: – The Ads are displayed in alphabetical order (ascending order) of the name of the respective ensembles, starting with those whose name is initialized with numeric characters, then with the letter A to the letter Z.
  - descending name: – The Ads are displayed in reverse alphabetical order (descending order) of the name of the respective ensembles, starting with those whose name is initialized with numeric characters, then with the letter A to the letter Z.
  - ascending price – The Ads are displayed in ascending order of price, starting with the Ads with the lowest price, to those with the highest price.
  - descending price – Ads are displayed in descending order of price, starting with Ads with the highest price, to those with the lowest price.
  - newest Ads – Ads are displayed in descending order of publication date, starting with Ads published with the most recent date, to those with the most distant publication date.
5. Residential complexes that have identical characteristics chosen as sorting criteria (for example, have the same price when the sorting criterion chosen according to the above was ascending/descending price), will be sorted and divided similarly to the Romanian property Ads, depending on the display parameters mentioned in point A above
In the details section related to the Advertisement regarding a property in Romania, the Company may suggest to Users who access the respective Advertisement, similar properties displayed based on a system with the following parameters for suggesting Ads:
1. property category: Ads from the same category of the property type as that of the respective Advertisement (e.g. houses) will be suggested. In this way, the probability of finding another suitable Advertisement targeting the same type of property that interests you increases.
2. type of transaction: Ads with the same type of transaction as the respective Ad (e.g. for sale) will be suggested. This increases the probability of finding another Ad that is suitable for the same type of transaction that interests you.
3. locality: Ads with properties located in the same locality as the respective Ad (e.g. Timisoara) will be suggested. In this way, we narrow the location area of similar properties, suggested to the relevant locality for you.
4. price: Ads regarding properties whose price is within a range of 85% and 115% of the displayed price for the property to which the respective Ad refers will be suggested. In this way, we suggest properties that are close to the budget range of the price that seems relevant to you.
5. area: Ads with properties located in the same area as the of the respective Advertisement (e.g. Arad area of Timisoara). In this way, there are more chances that the Advertisement will be of interest to you if the property is from the same area that seems relevant to you. This parameter is optional for the Company and is taken into account only if the Company's database contains at least 9 Advertisements with properties from the area where the property to which the respective Advertisement refers is located.
The order of displaying these similar Advertisements sorted according to the above point is determined by the date of publication, namely the similar Advertisements will be displayed starting with those published at the most recent time, to those published at the most distant time. A newer Advertisement is likely to be more relevant to you by relating, mainly, to the probability of concluding a transaction by another User regarding the respective Advertisement and the removal of the respective Advertisement from the First Platform, and to the higher chances that the newer Advertisement has not been viewed by you.
Users are free to select or not select the filters preset by the Company, available on the search pages of the Listings for properties in Romania, Residential Ensembles or International Properties/Agencies/Developers, as well as to enter or not enter in the available search fields, the desired names or keywords. Depending on the filters applied by the User to narrow the search results to the specific parameters of the Listings, as well as the expressions or phrases searched, different parameters may increase or decrease the final match score and the position of individual Listings in the search results.
Within the First Platform, Users may also receive recommendations for Listings that we believe would be of interest to you.
In this way, in order to suggest Listings that we believe might be of interest to you, we use a recommendation system that takes into account a combination of factors and data about the online activity of Users within our Platform, such as:
- Information about the Ads visited, such as: Ad ID, Ad deletion date (if any), county, locality, areas, category (apartment, house, etc.) and transaction type (for sale, for rent), price, etc. In this way, we will be able to make recommendations for properties with similar characteristics.
- Information about Users visiting our Platform, which shows us a greater interest in a particular Advertisement, mainly based on the degree to which the Users access the options on the details page of the Advertisement (e.g. selecting the Advertisement as a favorite, etc.). • Advertisements of interest to other Users who appear to have similar characteristics and interests to yours.
- The relative importance of these criteria is influenced by the way you use our Platform, including the frequency with which you use our Services and the time allocated to visiting the First Platform.
The User may not take any action that may result in overloading the First Platform infrastructure, or for which other Users cannot reasonably be expected to tolerate it. Users are not permitted to block, rewrite or modify content generated by the First Platform or create, in any other way, a disruptions through interference with the First Platform

15. Warranty

In cases of force majeure, the Company shall be exempted from its obligation to perform. All unforeseen events, as well as those events for the effects of which related to the execution of the contract, shall be considered force majeure. Such events shall include, in particular, legal measures in strike situations, also when they occur within third-party companies, official measures taken by authorities, failure of communication networks and portals of other providers, disruptions concerning network operators and other failures, also if such events occur at the level of subcontractors, sub-suppliers and their subcontractors, or operators of sub-nodal data processors. Users may not have any claim to any compensation for failures for which the Company is not responsible.

16. Limitation of liability

With the exception of the breach of essential contractual obligations, the Company may be liable for damages to traders, only if, for damages to traders, only if, and to the extent that, the Company acted intentionally or with gross negligence. In the event of a breach of essential contractual obligations, the Company shall be liable for any culpable conduct of its legal representatives, executive directors or other persons employed by First.ro in order to perform its obligations.

Towards consumers, the Company shall be held liable only for actions committed intentionally or with gross negligence. However, in the event of a breach of essential contractual obligations, or if the Company is responsible for the impossibility of performing contractual obligations, the Company shall be liable for any culpable conduct of its legal representatives, executive directors or other persons employed by First.ro in order to perform its obligations.

With the exception of intentional conduct or gross negligence of its legal representatives, executive directors or other persons employed by First.ro in the performance of its obligations, the liability of First.ro shall be limited in quantity, subject to and within the limits permitted by law, to the typical damages foreseeable at the time of conclusion of the contract. A liability for compensation for indirect damage, in particular for lost profit, shall be granted, subject to and within the limits permitted by law, only in the case of intentional conduct or gross negligence of its legal representatives, executive directors or other persons employed by First.ro in the performance of its obligations, and only on the basis of a final court decision.

The above exclusions and limitations of liability towards traders or consumers shall not apply either to specific guarantees granted by the Company, or to in the event of damage resulting from injury to life or health or the violation of mandatory legal provisions.

17. Copyright and rights of use

All data, information, company logos, texts, programs and images of the Advertisements inserted on the First.ro Platform will be subject to the limitations of copyright laws. The User will only use those data, information, company logos, texts, programs and images that he is authorized to use without restrictions and that are not encumbered by the rights of third parties - in particular, the information, company logos, texts, programs and images of the Advertisements inserted on the First.ro Platform will be subject to the limitations of copyright laws. The User will only use those data, information, company logos, texts, programs and images that he is authorized to use without restrictions and that are not encumbered by the rights of third parties - in particular, the intellectual property rights of third parties. Modification, further processing and use by third parties, in any kind of media, are not permitted. The rights of the Users remain unaffected by this. They may continue to freely dispose of the data and your own information.

18. Applicable law and jurisdiction

The rights and obligations of the parties, imposed by these T&Cs, as well as all legal effects produced by this set of T&Cs, will be interpreted and governed by the legislation applicable in Romania. Any dispute that has as its object these T&Cs will be brought for resolution before the Romanian courts, unless the legislation applicable in Romania is opted for. Any dispute that has as its object these T&Cs will be brought for resolution before the Romanian courts, unless the out-of-court settlement of disputes is opted for according to these Terms and Conditions or in other cases provided by law.

19. Final provisions

FIRST reserves the right to modify the Regulation, in compliance with the following rules:

the need to improve security Users;
the need to improve the functioning of the Website, and the changes thus made will not result in an increase or introduction of additional costs in relation to those already charged (paid) and will allow the continued use of the Website;
the need to combat abuses committed in connection with the use of the Website;
modification of the conditions for the provision of Paid Services or withdrawal of a particular Paid Service, and the changes made on this basis will not affect the Paid Services purchased before these changes come into force;
the introduction of a new Paid Service, as well as the introduction of additional functionalities of the Website, and the use of these services or functionalities will be voluntary;
a change in generally applicable legal provisions that has a direct impact on the content of the Regulations.

The User will be informed of each change by placing information on the Service page and electronically.

The changes shall enter into force on the date indicated by FIRST, but not earlier than 15 days after the notification of the changes, unless otherwise provided by applicable law.

The changes may not lead to the deprivation or limitation of the User's rights related to the Paid Services already purchased. Those purchased before the changes come into force shall be provided in accordance with the General Terms and Conditions in force at the time of purchase, implemented on the basis of the existing principles.

FIRST may amend the Regulations without observing the 15-day notice period mentioned above, including with immediate effect, if:

is subject to a legal obligation under which it is required to amend the Regulations in a manner that prevents it from meeting the notice period mentioned above,
must, as an exception, amend the Regulations in order to combat an unforeseen and immediate threat related to the protection of online services, mediation or the protection of Users against fraud, malware, spam, personal data security breaches or other threats to cybersecurity.

The User who does not accept the content of the amendments to the Regulations has the right to terminate the contract regarding the Account Service at any time.

In order to develop the Service, FIRST may introduce new services and functionalities, which may be preceded by product tests, without prejudice to the rights acquired by Users.

The rights and obligations of the parties, mentioned in these Regulations, as well as all legal effects that this document produces are governed by Romanian law in force.

All disputes relating to the services provided by FIRST within the Service will be submitted to the competent common law courts in Romania.

The Annexes to these Regulations constitute an integral part thereof.

Terms and Conditions