Terms and Conditions

Terms and Conditions

Browsing and public consultation in this website is subject to the Conditions of Use specified below.

COSAN S.A. Indústria e Comércio (“COSAN”) is the holding company of several companies, including COSAN Lubrificantes e Especialidades S.A., a company previously called COSAN Combustíveis e Lubrificantes S.A., (“Companhia”), holder the trademark license of Mobil brands, property of ExxonMobil Corporation. In this website, all companies controlled by COSAN are jointly referred to as “COSAN GROUP”.

In this website, the COSAN GROUP provides general information and content on the company, lubricant products and services (“Services”) of the Mobil brand, which can only be used after the user has accepted the “Conditions of Use” defined below (“Site”).

Once accepted by the user, the Conditions of Use constitute a bonding agreement between COSAN GROUP and user. If the user does not agree with the terms specified below, the user should not accept these Conditions of Use and access to the Site and/or Services will not be granted.

1) Alterations and Special Additional Terms and Conditions

COSAN, at its own discretion, when considered necessary or at any moment, may alter the Conditions of Use without prior notice to users of the Site.

The COSAN GROUP recommends Site users to visit the Site regularly to verify and acknowledge the most recent terms of the Conditions of Use in view of the bonding agreement of the user in terms of these Conditions of Use.

Use of the Site and/or Services by the user after any alteration(s) indicates acceptance and consent in relation to the new terms of the Conditions of Use.

2) Using the Site

Site Security. The user may not violate and/or try to violate security of the Site and/or Services. Any security violation may result in civil and criminal responsibility of the user.

COSAN shall investigate any alleged or accused violation detrimental to the Site and/or Services. In case of suspicion of criminal violations, COSAN shall collaborate in investigations conducted by the authorities for compliance with the applicable law.

Security violations of the Site and/or Services by user include, without restrictions:

(i) Registration or registration attempt to a Server and/or user account without authorization for access;
(ii) Access information or attempt to obtain services not intended for the user;
(iii) Attempt to inquire, carefully examine or test the vulnerability of any system, sub-system or network used or linked to the Site or its Services in any way;
(iv) Tamper with, force entry, modify, corrupt or breach authentication or security measures without authorization of the COSAN GROUP;(v) Submit material with viruses, Trojan horses, time bombs or any other cancelling mechanism and/or routines and/or computer programming mechanisms that may consequently damage, destroy, corrupt or impair functions of any computer and/or operation and/or functioning of the Site or Services;
(vi) Interfere with, intercept or expropriate any system, data or information; or
(vii) Interfere with the service of any user, central system or network, including, and not restricted to, overload, data flooding, e-mail bombing or breakdown of any computer system.

"Spam" (unsolicited mass mail) and Similar Actions. These terms and conditions prohibit the sending of duplicate or similar unsolicited mail, mass messages containing commercial advertising or messages requesting copies for one or more e-mail groups (with two or more e-mail addresses added as a single e-mail recipient).

Violation. Use of the Site and/or Services to violate copyright, trademark, patent or any other third-party intellectual property rights is strictly prohibited. COSAN may, at any time, withdraw right of access to the Site and Services of users if it rules that these rights were used to violate copyright, trademark, patent or any other third-party intellectual rights, considering that the violation and undue or unauthorized use of intellectual property is prohibited by law.

Other Prohibitions. When using the Site or Services, the user may not:

(i) Publish, send e-mail messages or use any other method of transmission or use the Site or Services to promote any material that is illegal, hazardous, vexatious, defamatory, threatening, vulgar, sexually explicit, detestable or censurable in any way or any material that exploits children or violates the privacy or other rights of any person or any material that COSAN, at its sole discretion, does not wish to register or transmit on the Site or Services;
(ii) Continue to send e-mail messages to a recipient who has indicated that he/she no longer wishes to receive messages from the user;
(iii) Become involved in and/or encourage behaviour that may: (iii.1) violate any applicable law or regulation or (iii.2) result in civil responsibility;
(iv) Become involved in behaviour that may damage or impair the desired operability of the Site or Services;
(v) Represent any individual or entity, erroneously express or adulterate the identity or affiliation of user in any way, or forge, exclude or alter any part of the information in the TCP/IP packet header of any e-mail message or other registry;
(vi) Become involved in misleading online marketing; or
(vii) Aid or allow persons to become involved in any of the activities mentioned above.

Content. The Site should be used in an appropriate, sensible manner and the user is responsible for any material notified or transmitted to or through the Site or Services.

The user therefore guarantees that any information published or transmitted by user through the Site or Services are true, not intended to mislead and provided in good faith, and that user is the holder of rights to publish or transmit this information. This information (including but not limited to data, test, software, music, sound, photographs, video, messages or any other material), whether published or transmitted in private by the user or not, is the sole responsibility of user, being that COSAN and/or the COSAN GROUP shall not be held responsible for transmitting any of this information.

Other information. The user is responsible, at the risk of user, for any information obtained through the Site or Services. COSAN does not guarantee that content, instruments or material included, used or offered in this Site are updated or complete and shall not be held responsible for damages caused by possible errors in content or equipment faults.

Consequences of Inappropriate Use of the Site or Services. COSAN reserves the right (but not the obligation) to, at its sole discretion, reject or eliminate part of user content and suspend or terminate, without prior notice, user access to Site and Services in case of violation or attempt to violate this Agreement. Indirect violations or violation attempts of this agreement and real violations or violation attempts of third-parties on behalf of user shall be considered violations committed by user of this Agreement. Additionally, a violation is also considered to be use of services of another company to facilitate the activities that violate this Agreement, or if use of the services of this company may, in some way, negatively affect the Site or Services.

Unlicensed. The user is not explicitly or implicitly granted a license to use this Site or Services. Similarly, the user is not granted patent or disclosure rights belonging to, controlled by or the property of COSAN and/or the COSAN GROUP.

Linking. Linking to this Site is prohibited without prior written authorization of COSAN. The user is allowed to download (transfer) content from the Site and print a copy for personal non-commercial use or link to a purchase of COSAN products, insofar as the user maintains the copyright or trademark information intact and unaltered. Except for the purposes specified in this paragraph, user is not allowed to copy (print, store on disc, transfer to another site or any form of download), distribute (including copies), publish, alter or adulterate any part of this Site.

3) Registered trademark and Copyright

The trademarks “COSAN”, “MOBIL”, “DA BARRA”, “UNIÃO” and any other brand name, trademark and/or service and/or product brand name are the property of COSAN, COSAN GROUP or ExxonMobil.

Not all trademarks of the COSAN GROUP are necessarily displayed on the Site and not all products and services listed in the Site are available in all locations in Brazil. Third-party trademarks may appear in the Site when referring to these third parties or their products or services.

The user may forward, copy and/or distribute material protected by COSAN copyright included in this Site only when the entire document or reference page is unaltered or complete, including all headers, footnotes, notices and other information. These documents may not be copied to third-party websites.

4) No Warrantee

The Site and Services are provided in their current state without explicit or implicit warrantees of any nature.

Although COSAN adopts the best protection practices against virus attacks and other forms of attack, it acknowledges that this protection is not infallible. Consequently, in accordance with applicable law, COSAN:

(i) rejects all explicit or implicit warrantees including, but not restricted to, implicit warrantees of merchantability and adaptation to a specific purpose and non-violation,
(ii) does not assure or guarantee that the functions or Services contained in the Site are free of interruptions or errors, that defects will be corrected or that this Site or the server that provides the Site will be free of viruses or other hazardous components, and
(iii) does not provide guarantees or representations of content use of this Site or Services in terms of correction, accuracy, usefulness, availability, reliability, etc.

5) Liability Disclaimer

COSAN will not be held liable, in relation to the user or third party, for any indemnity or special or unforeseen damages that may result from use of the Site or the impossibility to use the Site, Services or content of the Site or performance of the Site, services or products described in this Site, even after COSAN has been notified of the possibility of eventual damages.

The user that is not satisfied with the content of this Site or Services or any of the conditions set forth in these Conditions of Use should terminate use of this Site and Services.

6) Non-Disclosure of User Material

The user may not submit to or through this Site any material that is considered confidential or exclusive. Any material submitted by the user to or through this Site will be considered non-confidential or non-exclusive. Except as expressly stipulated in the “Privacy Policy” below or agreed in writing separately between the user and COSAN, the user grants COSAN an unrestricted and irrevocable, ample and unremunerated copyright license to use, reproduce, display, publicly execute, submit and distribute this material.

The user also agrees that COSAN has the right to use, without any form of payment or encumbrance to the user or third parties, any concepts, know-how or ideas that user (and those who act on the behalf of user) submits to or through the Site.

7) Use of third-party websites

COSAN shall not be held responsible for the content of third-party websites (a) with URLs provided in the Site, or (b) with URL of the Site provided in the third-party websites. COSAN does not guarantee compensation of any damages caused by websites in this item.

8) User Communication Areas

The Site may contain areas where the users communicate with one another, including, but not restricted to, bulletin boards, calendars, chat areas or personal web pages.

COSAN has the right, but not the obligation, to monitor or review any part of the Site or Services, including user communication areas. Withal, COSAN shall not be held responsible for the content of any communications published in these areas.

For information on web-based message exchanges between the user and COSAN, please consult the “Privacy Policy” below.

9) Disclosure; Forward-looking Statements

Some information in this Site or other sites of COSAN and/or the COSAN GROUP may contain forecasts or forward-looking statements on future events or future financial performance of the COSAN GROUP. COSAN clarifies that these statements are merely forecasts and that the results or real and actual events may be materially different.

Prior to making an investment decision, potential investors should carefully consider, in view of their own financial situation and investment objectives, all the information provided in the Site and, particularly, evaluate the Risk Factors.

10) Global Availability/Export Controls

The Site and Services are controlled and operated by COSAN from their offices and processing centres, without guaranteeing that the Site, Services or Site content is appropriate or available for use in all locations of Brazil, and that access to the Site by visitors of other countries in which the content is considered illegal or prohibited is not authorized. Access or use of the Site, Services or Site content by persons that are somehow prevented from negotiating with COSAN for reasons of policy and guidelines established by national or foreign authorities is strictly prohibited.

Persons who access the Site or Services act of their own free will and are responsible for compliance with Brazilian Law and the laws of any other country that is applicable to the visitor.

Exporting or re-exporting Services, information or material accessed or described in the Site is prohibited, except in the case of full conformity with applicable laws and regulations.

Exporting or re-exporting to any country (or citizen or resident) that is prevented from negotiating with COSAN due to policies or guidelines set forth by national or foreign authorities is strictly prohibited. In addition, the user is responsible for compliance with local national laws that may affect the rights of user to import, export or use the Site, Services, information or material accessed or described in the Site.

The user of the Site is fully responsible, without exceptions, of the appropriate provision and use of all internet resources.

11) Compensation

Under no circumstances will COSAN, its director or employees be held responsible for any direct or indirect, special, incidental or consequential damages, losses or expenses resulting from the connection to this Site or use or incapacity of any party to use the Site, or in relation to any performance fault, error, omission, interruption, defect or delay in operation or transmission, computer virus or line or system fault, even if  COSAN or its representatives were notified of the possibility of these errors, losses or expenses.

12) Applicable Law and Dispute Resolution

This Agreement is governed by Brazilian laws. Access to the Site and its use after reading the Conditions of Use imply acceptance that all and any dispute or controversy resulting from or in some way related to the agreement shall be submitted to and settled by the Court of the city of São Paulo.

13) Special Notice to Parents

Parts of this Site and Services may be of special interest to children, although COSAN does not use the Site to collect personal information from users under the age of 18.

14) Contact Us

If you have any doubts or questions in relation to the Conditions of Use, click on Contact and choose the best method to contact us.

15) Privacy Policy

The COSAN Privacy Policy was created to show the commitment of the COSAN GROUP with security and privacy of information collected from users of the provided interactive services.

Investors and analysts can visit this Site and get to know the COSAN services, read reports, get information and news, without supplying personal information.

If the user provides any information, the aim of this policy is to clarify how COSAN collects and handles all individual information. We recommend that users check this policy regularly as alterations can be made without prior notice.

1. Any information that users submit will be collected and stored according to strict security and confidentiality standards.
2. Personal information that is submitted by users will be collected using ethical and legal methods, possibly with one or more purposes that will be notified to the users.
3. Users will be notified of which submitted personal information will be collected immediately before the moment of collection, and provided with a option to supply or not supply this information under the responsibility of the user. The user will also be notified of the consequences of this decision.
4. Unless COSAN receives a legal or judicial order, information provided by the user will never be submitted to third parties or used for purposes other than those for which it was collected.
5. Access to collected information is restricted to authorized employees for the adequate use of this information. Employees who use this information inappropriately, violating this Privacy Policy, are subject to the penalties of COSAN disciplinary action.
6. The Company will maintain provided information whole and intact.
7. This Site contains links or frames to other websites that may or may not be partners of the Company and affiliates. These links and frames are merely provided to offer an extra benefit to users. The addition of these links and frames does not mean that COSAN acknowledges, agrees with or is responsible for them or their respective content. Therefore, COSAN cannot be held responsible for possible damages or losses resulting from the use of these links or frames.
8. Other organizations that are contracted to provide support services will be required to adapt to COSAN privacy standards.
9. For administrative purposes, the Company may eventually use cookies [1] (*), and the user may, at any moment, activate a browser mechanism that notifies the user when cookies are active or prevents them from being activated.
10. Other important information on the terms and conditions of use of this Site is available in the Conditions of Use.

16) Risk factors

The Securities Exchange Commission (“CVM”) and the São Paulo Stock Exchange (“Bovespa”) have updated information on the current regulations of the capital market. Standards and regulations applicable to the capital market should always be consulted in the case of interest in the stock market.

Before making an investment decision, potential investors should analyse all the risks involved. Below, the COSAN GROUP provides some examples of these risks. The information in this Site is not exhaustive and the potential investor should seek further information at CVM and Bovespa.

Business transactions, the financial situation and operations results of the COSAN GROUP may be adverse and materially affected by any of these risks and consequently cause a negative impact on securities issued by COSAN. The risks described below are those which are known by the COSAN GROUP and are believed to significantly affect the Company. Additional risks that are irrelevant or unknown to COSAN may also affect its business.

16.1. Risks Related to the Business and Sector of COSAN operations:

The Company operates in sectors in which the market price of products is cyclical and affected by the macroeconomic conditions of Brazil and the world.

COSAN faces strong competition in its business sector, which can adversely affect its market participation and profitability.

Its business expansion by means of acquisitions and strategic alliances presents risks that may reduce the benefits that it expects to obtain in its operations.

The Company is subject to extensive environmental regulations and may be exposed to contingencies resulting from the handling of hazardous material and potential costs to ensure compliance with environmental regulations.

COSAN may not be successful in reducing its operational costs or increasing operational efficiencies.

COSAN faces potential adverse effects on its operational results given the competition of alternative sweeteners.

The Company´s governmental authorization to operate a maritime terminal is subject to rescission on behalf of the granting authority.

COSAN may be adversely affected by unfavourable sentences in ongoing legal actions.

The Company is highly dependent on certain members of its administration.

16.2. Risks Related to COSAN Shareholders

COSAN is controlled by a single person, who indirectly controls the Company and its subsidiaries.

COSAN may face conflict of interest situations in operations with related parties.

16.3. Risks Related to Brazil

The Federal Government had and continues to have a significant influence on the Brazilian economy. Political and economic conditions in Brazil directly impact Company business.

Economic and market conditions in other developing countries may adversely affect the Brazilian economy and consequently the market value of COSAN shares.

Inflation and governmental measures to fight inflation may contribute to economic uncertainty in Brazil and adversely affect operational results and the market value of COSAN shares.

Volatility of the Brazilian Real in relation to the US Dollar may hinder its capacity to meet obligations in US Dollars.

Changes in Brazilian tax laws may adversely affect taxes levied on COSAN operations.

16.4. Risks Related to COSAN Shares

An active, liquid market for COSAN shares may not be developed, limiting the possibility of selling these shares.

The sale of a significant number of COSAN shares after the IPO of COSAN may adversely affect the price of these common shares, and the issuance of new shares will dilute all the other shareholdings.

Investors of COSAN shares may not receive the dividends or interest on own capital.

16.5. Comments on EBITDA

EBITDA corresponds to net profit (loss) before financial results, social contribution, income tax, depreciation and amortization. EBITDA should not be considered an alternative of net profit (loss), indicator of the operational performance of COSAN, cash flow alternative or indicator of liquidity.

Company administration believes that EBITDA is a practical measure to calculate operational performance and allow comparisons with other companies of the same sector. However, it should be noted that EBITDA is not a measure established in accordance with the Brazilian Accounting Principles (Company Law or BR GAAP) or the U,S. Generally Accepted Accounting Principles (US GAAP) and may be defined and calculated differently by other companies.

16.6. Legal Notice

The COSAN investor relations Site contains forward-looking statements that are subject to risks and uncertainties as they were based on premises of the COSAN GROUP administration and available information. Forward-looking statements include assertions related to intentions, beliefs and current expectations of the Company or its Administration on a series of topics, especially:

the direction of COSAN and its future operations;
the implementation of key operational strategies of the Company;
the implementation of COSAN acquisition plans, joint ventures, strategic alliances and disposal of certain investments;
the implementation of financial strategies and investment plans of the Company;
the competitive nature of the sector in which COSAN operates;
the cost and availability of financing;
the performance of the Brazilian economy in general;
the variation of foreign currency exchange rates;
alterations to laws, regulations and governmental policies with which the Company must comply, including those related to the environment;
the statement or payment of dividends or interest on own capital;
other factors and tendencies that may affect the financial condition of COSAN or its operational results;
risk factors presented in the section Risk Factors; and
other statements contained in this Site related to non-historical facts.

Investors should be aware that the factors mentioned above, and others discussed in this investor relations Site, may affect the future results of the Company and may lead to different results than those specified in the forward-looking statements that COSAN provided in this Site and in presented documents.

Forward-looking statements also include information on possible or presumed future results of Company operations. This information is presented in different sections of this Site and in statements that include the words “believe”, “may”, “continue to”, “expect”, “foresee”, “hope to”, “plan”, “estimate”, “anticipate”, or similar words.

Forward-looking statements are not a guarantee of performance. They involve risks, uncertainties and premises as they refer to future events and, therefore, depend on circumstances that may or may not occur. The future condition of the financial situation, operational results, strategies, market participation and the market value of COSAN may present significant differences when compared to those specified or suggested in these forward-looking statements. Many of the factors that determine these results and values are beyond the capacity of control and prediction of the Company.

Investors are warned to not place undue reliance on forward-looking statements.

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