Terms of Service

1. Agreement to Terms

By accessing or using the Fairbank website (fairbank.pt) and our services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing our services.

2. Description of Services

Fairbank provides independent real estate advisory services in Portugal, including but not limited to:

• Due diligence services
• ESG advisory and compliance
• Off-market property sourcing
• Renovation concierge services
• Property research and intelligence
• Tokenisation and capital structuring

3. User Accounts

3.1 Account Creation

You may need to create an account to access certain features of our services. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Account Responsibilities

You agree to:

• Provide accurate and complete information
• Update your information as needed
• Not share your account credentials
• Notify us immediately of any unauthorized use
• Be responsible for all activities under your account

4. Professional Relationship

4.1 Advisory Nature

Our services are advisory in nature. We provide information, analysis, and recommendations, but ultimate decisions regarding property transactions rest with you.

4.2 No Guarantee

While we strive to provide accurate and thorough services, we do not guarantee specific outcomes, property appreciation, rental returns, or investment success.

4.3 Independent Status

Fairbank operates as an independent advisor. We do not represent property sellers, developers, or agents unless explicitly stated in a separate agreement.

5. Fees and Payment

5.1 Service Fees

Fees for our services will be agreed upon before engagement and outlined in a separate service agreement. All fees are in Euros (EUR) unless otherwise specified.

5.2 Payment Terms

Payment terms will be specified in your service agreement. Late payments may incur additional charges.

5.3 Refunds

Refund policies are specified in individual service agreements and depend on the nature and stage of service delivery.

6. Intellectual Property

6.1 Our Content

All content on our website, including text, graphics, logos, images, and software, is the property of Fairbank or its licensors and is protected by copyright and intellectual property laws.

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use our website for personal, non-commercial purposes.

6.3 Restrictions

You may not:

• Reproduce, distribute, or publicly display our content without permission
• Modify or create derivative works
• Use our content for commercial purposes without authorization
• Remove copyright or proprietary notices

7. User Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe on the rights of others
• Transmit harmful or malicious code
• Attempt to gain unauthorized access to our systems
• Interfere with the proper functioning of our services
• Collect information about other users without consent
• Impersonate any person or entity
• Use our services for fraudulent purposes

8. Confidentiality

8.1 Confidential Information

We treat client information as confidential and will not disclose it to third parties except as required by law or with your consent.

8.2 Your Obligations

You agree to keep confidential any proprietary information, reports, or analyses provided to you by Fairbank.

9. Third-Party Services

Our services may involve coordination with third-party professionals (lawyers, architects, contractors, etc.). While we carefully vet these professionals, we are not responsible for their actions or the quality of their services.

10. Disclaimers

10.1 "As Is" Basis

Our website and services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

10.2 No Warranty

We do not warrant that our services will be uninterrupted, secure, or error-free, or that any defects will be corrected.

10.3 Investment Risks

Real estate investment involves risks. Past performance does not guarantee future results. You should consult with qualified professionals before making investment decisions.

11. Limitation of Liability

To the maximum extent permitted by law, Fairbank shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from your use of our services.

12. Indemnification

You agree to indemnify and hold harmless Fairbank, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of your use of our services or violation of these Terms.

13. Termination

13.1 By You

You may terminate your use of our services at any time by contacting us and closing your account.

13.2 By Us

We reserve the right to suspend or terminate your access to our services at any time, with or without notice, for any reason, including violation of these Terms.

13.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination shall survive.

14. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of Portugal. Any disputes arising from these Terms or our services shall be subject to the exclusive jurisdiction of the courts of Lisbon, Portugal.

15. Dispute Resolution

15.1 Informal Resolution

In the event of any dispute, you agree to first contact us to attempt to resolve the dispute informally.

15.2 Arbitration

If we cannot resolve a dispute informally, any dispute may be submitted to binding arbitration in accordance with Portuguese law.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website and updating the "Last updated" date. Your continued use of our services after such changes constitutes acceptance of the new Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Fairbank regarding our services.

19. Contact Information

If you have any questions about these Terms, please contact us: