First Choice Properties Terms and Conditions

fcprop.net is a property portal for consumers, real estate agents and real estate brokerages.

You may only use fcprop.net under these Terms and Conditions and by using First Choice Properties or signing up for a First Choice Properties account you are deemed to accept these terms and conditions as amended from time to time.

While every effort has been made to cover all elements of the First Choice Properties service within these Terms and Conditions it is also expected that standard online practices must be followed and each individual/ company is expected to act in accordance with laws of the United Arab Emirates as applied in the Emirate of Dubai.

If you have any questions about this User Agreement, please contact us on enquiry@fcprop.net

Unless the context requires otherwise, the following terms shall have the following meanings in these Terms & Conditions:

"Account/Account holder/User" means any person, persons or company who have signed up to use, access or browse First Choice Properties.
"Pages/Sections" means sections of the Site separated to sort Services by structure.
"Content" means information on the Site or First Choice Properties.
"First Choice Properties" means including our parent, subsidiaries, affiliates, trading names, officers, directors, agents and employees and any sub-service and all domains and sub-domains
"First Choice Properties User" means the account holder or visitor who aims to search, select and enquire about properties or third party services using the Service.
"Identity" means information relating to an individual given to prove identity.
"Real Estate Broker" means the account holder who aims to sell stock/products by using the Service.
"Service" means the advertised and intended operations of First Choice Properties.
"Site" means the website and online presence of First Choice Properties.
"Spam" means unwanted/unsolicited e-mail.
"Staff member" means an employee or contractor for First Choice Properties.
"We/Us" means First Choice Properties.
"You" means the individual or person acting on behalf of a company.

Clause, schedule and paragraph headings are for ease of reference only and do not affect the interpretation or construction of this Agreement.

A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

The Schedules form part of this Agreement and shall have effect as if set out in full in the body of this Agreement and any reference to this Agreement includes its Schedules.

Words in the singular shall include the plural and vice versa.

A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

A reference to writing or written does not include faxes or e-mail, unless specified herein.

Where the words include(s), including or in particular are used in this Agreement, they are deemed to have the words without limitation following them.

Where the context permits, the words other and otherwise are illustrative and shall not limit the sense of the words preceding them.

Any obligation in this Agreement on a person not to do something includes an obligation not to agree, allow, permit or acquiesce in that thing being done.

References to Clauses, Sub-clauses and Schedules are to the Clauses and Schedules of this Agreement.

Eligibility

In using the Service you must at all times:

Be able to enter into a legal contract.
Be at least eighteen (18) years of age.
Only hold one First Choice Properties account at any time.
Only use a valid e-mail address, which does not have a set expiry time/window.
Ensure that all information provided is true, accurate and not misleading at the time of writing.

In using the Service you must not at any time:

Use someone else’s First Choice Properties account.
Gain access to another First Choice Properties account.
Buy or sell any First Choice Properties account or account information.
Impersonate another First Choice Properties user or First Choice Properties account holder
Try to mislead or trick First Choice Properties in order to gain any advantage.
Post inaccurate, false, misleading, defamatory or libellous Content.
Post information and/or Content onto the Site that may harm First Choice Properties or any of its account holders, employees, consultants, officers, directors, shareholders, agents or any member of the public or any other person whomsoever or whatsoever.
Manipulate or gain advantages over other First Choice Properties users and/or account holders in a manner not intended by the services guidelines and/or help tools.
Be able to enter into a legal contract.
Be at least eighteen (18) years of age.
Only hold one First Choice Properties account at any time.
Only use a valid e-mail address, which does not have a set expiry time/window.
Ensure that all information provided is true, accurate and not misleading at the time of writing.

First Choice Properties's rights

All information and Content on the Site remains the copyright and trademark (registered or unregistered) of First Choice Properties and our advertisers. You may not copy, modify or distribute this content unless offered as a service.

The information and/or content on the Site is the property of First Choice Properties and our advertisers, unless offered as a Service, users and/or account holders are not permitted to distribute, download, store, spam or abuse any data obtained or gleaned from the Site.

First Choice Properties may at any time without notice to you:

Terminate, delay, suspend, alter or completely remove the Service or any part thereof.
Remove offensive, derogatory and/or abusive Content and close the account of any account holder reasonably suspected of producing, uploading such Content.
Interrupt or delay the Service or any part thereof for such time as is necessary and for any reason related to the business operations of First Choice Properties.
Take technical and/or legal steps to remove any user and/or account holder entirely from the Site if, in its reasonable belief, the user/account holder is or has engaged in activities contrary to any of these Terms and Conditions.

First Choice Properties is not responsible for any loss any user or account holder may incur as a result of using the Service.

First Choice Properties has the right to use any Content and/or information submitted to the Site for any purpose including but not limited to, publicity, marketing, service improvements, including use on 3rd party applications.

User Communications

First Choice Properties will only send out account information e-mails to users and/or account holders unless the user or account holder has opted out of such communications.

Promotions, Updates, Changes, Advertising and Service updates, are not regarded as Spam.

No account holder or user may use data obtained or gleaned from the Site to send out e-mails that do not directly relate to the Service.

Any services on First Choice Properties that allow users to communicate are offered in good faith with an understanding that any communications will be good natured and sent with good reason. We will not tolerate communication that has seemingly no reason and/or is an advertisement for a third party service/product.

Any communication or data transferred over the Site may be scanned, filtered and monitored. You are responsible for any communication or actions from your First Choice Properties account.

First Choice Properties will cooperate with any regulatory and/or law enforcement agency, from any country where necessary to provide or hand over information that is lawfully requested.

Abuse of First Choice Properties service and interface

While we will make every effort to remove out of date information from the Site, we can accept no responsibility for any information on any page (including ‘content’ pages) that is not accurate or is out of date.

You agree (as a user or account holder) that you will not, in a group or by yourself, authorise, employ, lease, knowingly allow or solicit:

Any robot, spider or other automated means to access First Choice Properties.
Any service (free or paid for) that automates interactions with the First Choice Properties services that are intended for genuine human involvement.
Any action that imposes unreasonable or disproportionate loads on our technical infrastructure; we hold the authority to determine and define this action.
Any action that removes, modifies or deletes any data from the First Choice Properties servers outside intended means to do so by the service options.
Any actions that copy, reproduce, modify, create derivative works from, distribute or publicly display any content from First Choice Properties without express permission.
Any unauthorised 3rd party tool that interferes (actual or attempted) with the service, and reduces or hinders use to yourself or any other users.
Any activity that can or tries to bypass any security measures we may use to prevent or restrict access to the Site.

General Account Holder Information

The Site allows users to share personal information with us and with other users.

First Choice Properties will use its reasonable endeavours to keep your personal data private and secure.

First Choice Properties accepts no liability for any form of obtrusive, illegal, unintended, hacked activity that ultimately leads to the release of personal data.

You may at times be shown the information of other users who First Choice Properties believe share similar interests, have been involved in the same actions as yourself, or may have reason to be grouped together. While every effort is made to keep this sharing as targeted as possible, some users may abuse the system or First Choice Properties may interpret inputted information incorrectly. For this reason First Choice Properties can take no liability for how this information is shared correctly or incorrectly.

First Choice Properties is unable to fully safeguard or control how other account holders may use your information and for this reason we encourage you to evaluate the information you provide to the Site and understand, before submitting, how your data will be used. In return we expect you to respect other users data and treat it how you would treat your own.

Charges from First Choice Properties

For the UAE, First Choice Properties operates in UAE Dirhams. Any charges from First Choice Properties will be made visible on the Site before any payment is taken (this may not include agreed recurring payments). There are various services where a fee may apply and each service clearly lists how this fee is applied. You will be responsible for any additional taxes or any other charges that occur from using the Service.

Please see the appropriate section within these Terms & Conditions relating to payments and/or fee charges for your desired activity with First Choice Properties.

Use of all account content

By uploading, adding or submitting content to the Site, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, right to exercise any and all copyright, publicity, trade marks, database rights and intellectual property rights you have in the Content, in any media known now or in the future. In addition, you waive all moral rights you have in the Content to the fullest extent permitted by law.

First Choice Properties will not be held responsible for any inaccuracies in our search results or listed data. You will also remain responsible for any data submitted to First Choice Properties and must ensure that you alter, amend or delete any information that is no longer relevant.

You agree not to post, upload or supply in any way any Content (or links to content) that:

Is obscene, fraudulent, indecent, discourteous, racially offensive or abusive;
defames, abuses, harasses or threatens others;
advocates or encourages any illegal activity;
violates the privacy of individuals, including other users of the Site; or
violates any applicable local, state, national, or international law

General Liability/Indemnity understanding

In addition, and not replacing any other release from and/or limitation of liability under these Terms & Conditions, First Choice Properties will not be liable for:

Any actions by users or account holders (including information posted, uploaded, items listed) that do not represent the Service
Any actions by users or account holders which are in breach of any code of conduct or guidelines issued by us at any time.
Any review, statistic or calculation that is not factually representative or correct.
Any 3rd party service (e.g. payment) where First Choice Properties has no control.
Any sale and purchase conducted through the Site where the purchaser is another user or 3rd party.
Any falsity in user-provided account information.
Any business losses, such as loss of data, revenue, opportunity, reputation, goodwill, profits, or business interruption or for any losses which are not reasonably foreseeable by us arising, directly or indirectly, out of your use of or your inability to use Services.
Any failure on First Choice Properties’s behalf to act immediately or in reasonable time to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

Data protection

Your personal data and privacy is important to First Choice Properties. Please see our Privacy Policy that forms part of these Terms & Conditions.

While many services and results on First Choice Properties are formed ‘organically’, we may at any time and at our discretion alter elements of the Site to benefit companies or individuals who have purchased preferential rights to gain additional/favoured exposure.

First Choice Properties may place any form of advertisements at any place on the Site.

To the extent reasonably practicable, we may indicate on the Site which goods and services are advertisements for any promotion that falls outside the Service. You are free at any time to select or click on these advertisements at your free will.

Links to and from other websites

Some services on First Choice Properties have a high proportion of external links to third party websites over which we have no affiliation or control regarding their content.

Third party websites are linked to the Site to provide information and are intended to be for your convenience. While every effort has been made to guide content posters (account holders) as to the correct information to link to, we have no control over and do not accept any responsibility and/or liability for any content, data or other elements you may encounter on any third party websites.

First Choice Properties may become integrated closely with various social networking websites (such as Facebook) and we similarly do not accept any responsibility and/or liability for any loss or damage that may arise from your use of any social networking website whether such use is through or in conjunction with the Site or not.

All users and/or account holders are deemed to accept and understand that access to any third party websites is entirely at their own risk.

Release

We understand that due to the social nature of the Service your involvement with other users and/or account holders may extend beyond the Service and may extend outside the platform First Choice Properties provides. For this reason you release First Choice Properties from any claims, demands and damages of every kind associated with or arising out of or in connection with such extended use and/or involvement.-

You hereby agree and undertake to compensate and/or indemnify First Choice Properties for any misuse or abuse that breaches these Terms & Conditions or your use/misuse of the Site which results in any losses, damages, fines, compensation or costs (including reasonable legal fees).

Use of the Site does not at any time render you the partner, agent, joint venture, employee-employer, franchise-franchisee of First Choice Properties.

Governing law

These terms and conditions are subject to and governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information shall be subject to the exclusive jurisdiction of the Courts in Dubai.

Buyer registration

Why register?

In order to provide you with a more personalised experience and take full advantage of all features you are able to register for an account. Registration is also used to protect your personal details and provide you with an easy access point when needing to review previous activity, along with details relating to them.

How to register

Depending on the First Choice Properties service, registration can be completed from many Site pages or on by using the service itself. You may be able to register through a third party account (for example Facebook) where you will grant us certain rights to collect information from this outside source. Should you delete this account and/or the 3rd party become unavailable for any reason, you may no longer be able to access your account. First Choice Properties will request certain information from you including, but not limited to, your name, e-mail address and phone number and by entering into the registration process you authorise First Choice Properties to collect, store and process this information in accordance with the First Choice Properties Privacy Policy.

Passwords

You may be automatically assigned a password when registering your e-mail on the Site if you are not asked to provide one at registration. If you are automatically assigned a password, we strongly recommend that you change the issued password to one of your own choice. This password is very important to your use of the Service and to your security. Accordingly, you must keep the password confidential and you must refrain from letting others know about it at all times. You agree that any person to whom you disclose your password is authorised to act as your agent for the purposes of using the Service and you release First Choice Properties of any liability from the consequences (financial or other) that may follow as well as giving the same undertaking in respect of such other person’s use of the Site as you give at “RELEASE” above.

Valid E-mail Address

Every account registered on the Site must have a valid and genuine e-mail address and/or 3rd Party account that links to a valid e-mail address of your own. Any accounts that have been registered without a valid e-mail will be terminated without notice. It is usual practice for First Choice Properties to require verification by way of e-mail for any new e-mail account and/or change of e-mail.

Closing Accounts

We have the right at all times to close an account at any time, with no notice and with no obligation to fulfil any account order or recover any financial loss on your behalf howsoever suffered.

Multiple logins

While we accept people may use multiple logins by way of division between personal/business and other uses on the Site, we reserve the right to take action across all your accounts if required.

First Choice Properties users protection

While First Choice Properties will make every effort to create a fair, peaceful community, we rely on our user and/or account holders to make us aware of misconduct or additional issues related to any of the Service from any users and/or account holders.

In order to achieve the safest environment for our First Choice Properties Users we have created a set of First Choice Properties Users guidelines:

You should adopt normal internet-advised security measures before communicating or transacting online.
You should always keep in mind that despite efforts, First Choice Properties may not be able to fully vet every real estate brokerage or advertiser, and you should therefore exercise due care when making an enquiry and with any subsequent transaction
You should take the time to read through and understand all third party terms and polices, before committing to any purchase or entering into any agreement.
Your point of contact at all times is the third party real estate broker or service provider.
Although First Choice Properties tries to mitigate any listing errors of a property, you understand that mistakes may occur, and First Choice Properties cannot be held liable for any incorrect information.

Sending you E-mails: First Choice Properties will e-mail with regards to certain activities on First Choice Properties.

Lost/ Stolen Account Information: It is your duty at all times to make us aware if your account information is lost or stolen.

Obligations

Seller Terms: You should note that real estate brokers and third party service providers will have a separate set of terms & conditions

Accurate Information: At all times First Choice Properties tries to make sure that all information on the Site is accurate. We also require all account holders only submit accurate information. We cannot be liable for any user submitted information on the Site.

Content of Information: It is the aim of First Choice Properties to make the Content suitable for a family audience at all times. For this reason you are refrained from posting any Content which may be classed as unsuitable according to this standard and as adjudged by us at our sole discretion.

Notifications

We will aim to notify you by e-mail at all important instances throughout the First Choice Properties process. Whilst we will do our best to make sure these notifications are regular and up to date we cannot be responsible for any impact they may have on your decision making process or usability of the Service. You have options to turn off certain e-mail notifications in your Account Settings page. We are not responsible for how these e-mails are delivered.

Account information

The information stored in your First Choice Properties account is deemed as private and we will offer security measures to the best of our ability in order to keep this information secure. We do not hold your payment information on file however brokers and third party service providers will have access to your postal address, e-mail and further information required if you have made an enquiry. We have no responsibility and/or liability arising out of any brokers and third party service providers use of information you have provided.

Complaints/Problems

We understand that the Service, despite our best intentions, may at times have issues such as bugs and/or other conditions that will ultimately hinder the Service from performing as intended. We also are aware that with 3rd parties utilising the Site many aspects of our Service are beyond our control and we can accept no responsibility and/or liability arising out of in connection with this.

For any complaints or problems please contact the support options available from the Site.

First Choice Properties users vs broker/third party service provider agreement

It should be understood at all times whilst using Service that the consequent contract for purchase is between the First Choice Properties Users and the brokers or third party service provider agreement. First Choice Properties acts as facilitator of the enquiry or transaction only.

Law and Jurisdiction

This Policy, as well as your access to the Website, is subject to and governed by the laws of the United Arab Emirates as applied in the Emirate of Dubai without giving effect to conflicts of law principles thereof. Any dispute regarding this Policy or our handling of your Personal Information and General Information shall be subject to the exclusive jurisdiction of the Courts in Dubai.