Subject matter and scope
The members' area is the restricted area of this site. It gathers the information on transactions in progress, the positions and the associated documentation.
These terms set out the conditions on which it is made available and used.
Acceptance of these terms takes place on first access. Without acceptance there is no access.
These terms complement the legal notice, the privacy policy and the investor categorisation policy. In matters of categorisation the latter prevails.
Who may access, and how
Access is reserved to persons qualified as professional investors (investidores profissionais) within the meaning of article 317-B of the Portuguese Securities Code (Código dos Valores Mobiliários).
There is no public registration. It is not possible to create an account from the site.
Access is by a personal link, sent by email to the address given in the request. The link is of limited validity and is intended for a single use.
There are no passwords. Whoever holds the email address holds the means of access.
It falls to the member to keep that address under their own control and to notify any loss of that control.
Personal and non-transferable nature of the access
The access is personal and non-transferable. It is granted to the qualified natural or legal person, and to no one else.
The member does not assign or share their access, and does not permit its use by a third party.
Where the member is a legal person, the access is exercised by the natural person named in the request. Any substitution is notified in writing before it takes effect.
Use of the access by a third party is attributed to the member.
Duties of the member
The information on specific transactions made available in the members' area is confidential in nature.
The member does not disclose that information to any third party, and does not use it for any purpose other than assessing their participation in the transaction.
The member does not forward, does not reproduce and does not publish the documents made available. The same applies to the access links.
The duty does not extend to information that becomes public otherwise than through a breach by the member, nor to disclosure imposed by law.
The duty of confidentiality survives the end of the access.
The member refrains from any act that compromises the availability or the integrity of the members' area.
Nature of the information made available
The information published in the members' area describes specific transactions.
That information constitutes no personal recommendation, no investment advice, no legal advice and no tax advice.
The suitability of any transaction to the circumstances of each member is not assessed.
Each member decides for themselves, and obtains their own independent advice.
The contractual documentation of each transaction prevails over the information published in the members' area.
The capital invested is exposed to the risk of total loss.
Expression of interest
The expression of interest serves to gauge interest before the contractual documentation is prepared.
An expression of interest constitutes no commitment to subscribe, neither for the member nor for the transaction company.
The amount indicated is not binding. The transaction company may decide not to proceed.
Subscription, where it occurs, is effected by its own contractual documentation, separate from these terms.
Validity of the qualification
Qualification as a professional investor is valid for twelve months, counted from the date of approval.
Continuation of the access requires reconfirmation, with a fresh declaration of the statutory requirements and a fresh acknowledgement declaration.
Advance notice is sent by email. Without reconfirmation, the access is suspended on the expiry date.
During the suspension there is no access to the members' area. The duties of confidentiality remain.
Duty to notify changes in the facts
The member has a duty to notify any change in the facts on the basis of which they were qualified.
The notification is made through the dedicated function of the members' area.
Where the statutory requirements cease to be met, the categorisation is reviewed and the access ends.
Suspension and termination of the access
Realchain, S.A. may suspend or terminate the access where the qualification expires, where the statutory requirements cease to be met, where there is a breach of these terms, or where there is well-founded suspicion of use by a third party.
The suspension is notified by email.
The member may request termination of the access at any time, in writing.
A request for treatment as a non-professional investor determines the termination of the access.
Termination does not affect the records retained under a legal duty of evidence.
Data protection
The processing of personal data associated with the members' area is set out in the privacy policy, which forms an integral part of these terms.
The access and the expressions of interest submitted are recorded.
The rights of the data subject are set out in the privacy policy.
Changes to these terms
These terms may be amended. The version in force is the one published on this page, with the date given at the top.
Changes that affect the duties of the member are notified by email before they take effect.
Access after that date counts as acceptance of the version in force. A member who does not accept it requests termination of the access.
Governing law and jurisdiction
These terms are governed by Portuguese law.
The courts of the Lisbon district (comarca de Lisboa) have jurisdiction to settle any dispute arising from these terms.
The applicable mandatory statutory provisions prevail over the preceding paragraph.
The invalidity of one clause does not affect the validity of the others.