Terms
and conditions

Last updated: November 21, 2016

These Terms and Conditions (or, simply, the “Terms”) govern the functioning, the terms and the conditions applicable to the use of the application Chama (“App”). The App is operated by CHAMA TECHNOLOGIES B.V., registered in KVK/NL under no. 67110312, with main place of business at Egelantiersgracht 390, 1015 RR – Amsterdam, The Netherlands (“CHAMA”).

Read these Terms carefully to understand them well before using the App. You must declare your agreement by clicking the button “ACCEPT” at the end of this document. Once accepted, the Terms become as valid and enforceable as any written contract signed by you. If you do not agree with all provisions in this instrument, click on the button that says you disagree with accepting it fully. By disagreeing, you recognize that you will not be able to fully access or use the App.

1. THE APP

The App offers a convenient way to purchase LPG cylinder exchanges, enabling users to choose from among the LPG resellers available for immediate delivery to the user’s address.

The App has no additional cost for users, acting only as a service to connect users to available resellers, which have no direct business relationship with CHAMA.

2. OBLIGATIONS

Without prejudice to the other obligations set forth in these Terms, CHAMA undertakes to:

Make information available on the resellers, as provided by them;

Make available to resellers accurate and up-to-date information for filling orders, as provided by the users;

Enable users to provide feedback on resellers and to read the feedback of other users;

Provide online support through the e-mail address [email protected]

Without prejudice to the other obligations set forth in these Terms, users undertake to:

Provide accurate, current and complete information while using the App;

Only make orders through the App in observance of these Terms, governing law and the principle of good faith.

Confirm their conditions to use the App in accordance with the minimum requirements available at www.chamatheapp.com.br.

After delivery, pay the reseller in accordance with the price indicated when they placed the order.

Keep themselves up to date with the provisions of these Terms and of the Privacy Policy.

CHAMA is not liable for the user’s technical capacity to use the App. The compatibility of the App with the user’s device is the sole responsibility of the user, as is their connection to the internet. CHAMA reserves the right to, as a result of evolutions in and improvements to the App, alter the minimum operating requirements at its sole and reasonable discretion.

To use the App, users must log in using certain personal data, including their names and telephone numbers. Alternatively, users can access the App directly using their Facebook accounts, which is fast and easy, in which case users will be subject to the terms and policies of Facebook. In both cases, users will be subject to these Terms and to our Privacy Policy, which are available at www.chamatheapp.com.

Creating a username and password is the user’s sole responsibility and users understand that the data used to access the App are personal and should not be shared with third parties, with users fully and solely responsible for any and all use of their accounts.

WE RESERVE THE RIGHT TO SUSPEND, TERMINATE OR EXCLUDE YOUR ACCOUNT AND TO BLOCK YOUR ACCESS TO THE APP IF WE REASONABLY BELIEVE THERE IS REASON TO DO SO, such as in the event of a breach of these Terms. If this happens, you will be notified of the measure and its reason.

3. PAYMENT

Payment is made directly by the user to the delivery person. If CHAMA opts to provide in-App payment tools, the corresponding amount will be transferred directly to the reseller.

CHAMA IS NOT LIABLE, UNDER ANY CIRCUMSTANCES AND WITHIN THE LIMITS OF THE CONSUMER DEFENSE CODE, FOR ANY ASPECT OF THE COMMERCIAL RELATIONSHIP BETWEEN THE USER AND THE RESELLER, INCLUDING FOR RETURNS AND REIMBURSEMENTS OF PAYMENT.

CHAMA may, based on the information provided by resellers and at any time before an order is placed, change, correct or complete prices.

4. DURATION AND TERMINATION

These Terms are valid and shall remain in force through their termination, observing the survival of clauses on intellectual property, guarantees and limitation of liability, as provided herein.

Users may terminate this Term at any time by requesting the cancelation of their account through the e-mail address [email protected]

CHAMA may terminate these Terms at any time and irrespective of prior notice without entitling users to any payment or indemnification, in the following events: (a) if the user fails to comply with any of their obligations stipulated in Clause 2.2 herein or violates the intellectual property rights of CHAMA set forth in Clause 5 or in governing law and regulations. (b) if we, reasonably and in good faith, believe the termination is a measure required to protect the safety or property of the employees of CHAMA, of the resellers or of third parties, or to prevent fraud or security breaches; (c) if actions or omissions attributable to the user harm the reputation or image of CHAMA; and (d) if the App terminates its business activities.

5. LIMITED USER LICENSE AND INTELLECTUAL PROPERTY AGREEMENT

The App is available for users only in compliance with the Terms and with governing law. By agreeing with the Terms, you will receive a LIMITED, personal, non-exclusive, non-transferable and irrevocable user license to install the App on your smartphone.

You recognize all rights to the intellectual property of CHAMA, including, but not limited to, trademarks, software rights, copyrights and other rights related to creations (“Protected Material”).

You undertake not to carry out any act that could be construed as an indication that you have the right, under any title, to ownership, in full or part, of the Protected Material, including decompilation of the App and access to the source code, and undertake to use the Protected Material only in the manner and for the purposes set forth herein.

You understand that using the App in breach of these Terms could be construed as a crime, in accordance with Title III of the Penal Code, Title V of Federal Law 9609/98 – Industrial Property Law, and Chapter V of Federal Law 9609/98 – Software Law.

The provisions herein will survive termination, for any reason, of the Terms and remain in effect and binding upon the parties.

6. LIABILITY

YOU ARE FULLY LIABLE FOR ANY LOSSES OR DAMAGES CAUSED TO CHAMA OR TO ANY THIRD PARTY DUE TO ANY FACT, ACT OR OMISSION ATTRIBUTABLE TO YOU OR TO ANY VIOLATION BY YOU OF ANY PROVISION OF THESE TERMS.

CHAMA IS NOT LIABLE FOR ANY LOSSES OR DAMAGES CAUSED TO YOU OR TO ANY THIRD PARTY RESULTING FROM FACTS NOT ATTRIBUTABLE THERETO OR RESULTING FROM THE MISUSE BY YOU OR ANY THIRD PARTY OR THE TECHNICAL FAILURE OR MALFUNCTIONING OF YOUR SMARTPHONE OR ANY OTHER DEVICE USED BY YOU.

CHAMA is not liable for any delay or failure arising from causes beyond its control, including any failure in the execution of these Terms due to unpredictable circumstances or causes beyond the control of CHAMA, such as fortuitous events or events of force majeure.

You agree to defend, indemnify and hold CHAMA harmless against any losses, claims, obligations, lawsuit or other expense, including attorneys' fees, arising from your use of the App or any false, inaccurate or inadequate representation made by use as part of these Terms or otherwise.

The App is provided by you “as is,” without warranties or representations of any kind, whether express or implicit. CHAMA reserves the right to alter the App, in full or part, at its sole and reasonable discretion. CHAMA is not liable within the limits of governing law, except in compliance with these Terms or any other agreement between the parties.

The provisions herein will survive termination, for any reason, of the Terms and remain in effect and binding upon the parties.

7. MISCELLANEOUS

We may, at any time, update or otherwise alter these Terms, which will come into full force and effect after the publication of the updated version of the Terms in the App. In the case of significant updates or modifications to these Terms, you will be notified and, in such case, you must read, understand and agree with the new version of these Terms before continuing to use the App. Such modifications will take effect once they are accepted, without producing retroactive effects. If any future changes to the Terms are unacceptable to you or cause you to no longer agree with or be in compliance with these Terms, you must stop using the App, in which case we may suspend or terminate your account if you do not agree or are no longer compliant with the new version of the App.

If any clause or item of these Terms is deemed illegal, invalid or unenforceable, in full or part, such fact shall not affect the legality, validity and enforceability of the other clauses of these Terms, which shall remain in full force and effect.

If you have any questions regarding these Terms, please contact [email protected]

These Terms are governed and must be interpreted in accordance with the laws of Brazil.

The parties elect the Central Court of the District of São Paulo – SP, and expressly waive any other court within the limit of the Consumer Defense Code, however preferable it may be, to settle any dispute or controversy arising from these Terms.