General terms and conditions of use

This instrument contains the general terms and conditions of use of the websites of Omel Bombas e Compressores Ltda. (“Omel”), namely, https://omel.com.br/ (collectively, the “Websites”, or, individually and indistinctly, the “Website”), as well as the products and services offered through such Websites (“Services”). These Terms of Use include our Privacy Policy, which contains the rules and conditions of our use of your personal data.

1. The Websites Service

1.1. The Websites are operated by Omel Bombas e Compressores Ltda. (“Omel”, “Omel Bombas”, “We”, “Us”, “Our” or “Us”). “You”, “Your”, “User” or “Customer” means the party making use of the Websites and/or the Services. Through the Website, Omel offers You access to data and information regarding the products and services offered by Omel.

2. Use of the Website and Acceptance of the Conditions of Use

2.1. Your use of the Services and the Websites is governed by these General Terms and Conditions of Use (the “General Terms”), which You should read carefully before using the Websites and the Services.

2.2. By registering, accessing and using the Websites in any way, including browsing, viewing, downloading, generating, receiving and transmitting any data, information or messages to or from the Websites, You expressly agree, on Your behalf and on behalf of Your company and/or on behalf of Your employer, to these General Terms, as periodically updated, whether You are a registered user of the Services or not, and therefore You undertake to respect and comply with all the provisions contained herein, as well as the provisions of the legal notices that regulate the use of the Websites and the Services.

2.3. These General Terms constitute a binding contract between Omel and You. If You do not agree to these General Terms, do not use the Websites or the Services.

2.4. Omel may update or amend these General Terms at any time. After the publication of the amendment to these Terms of Use on the Websites, Your continued use of the Services or the Websites constitutes Your express agreement to the Terms of Use, as amended.

3. Access to the Website

3.1. In order to access the Website, You must maintain and operate the software and hardware necessary to do so. You are solely responsible for acquiring, installing and maintaining any and all software and hardware necessary to access the Website. We are not responsible for any technical difficulties You experience as a result of using such software and hardware.

4. Registration Process

4.1. Omel may ask you to register to obtain additional information about our products and services, use any free part of the Website, download or upload files and other materials.

4.2. When registering, You agree to provide true, correct, updated and complete information (the “Registration Data”) as requested in the registration format made available to You through the Websites, under penalty of liability under the applicable legislation in force.

4.3. We may rely on your Registration Data to evaluate Your business situation, to provide You with information about Our products and services (in accordance with Our Privacy Policy), or, alternatively, to identify and/or contact You. If Your Registration Data is not true and correct, or is out of date and incomplete, Omel may terminate Your account and all current or future uses.

4.4. You may receive a password and account designation when you complete the registration process, and such data is personal and non-transferable (the “Access Data”). You are solely and exclusively responsible for maintaining the confidentiality of such data, as well as for all activities that occur using your Access Data.

4.5. Furthermore, You undertake to:

• immediately notify Omel of any unauthorized use of your Access Data or any other breach of security, including, but not limited to, the misplacement, loss or theft of your Access Data; and
• log out of your account at the end of each user session.

4.6. We will not be liable for any loss or damage arising from Your failure to comply with this section.

5. Changes to the Services or Websites

5.1. Omel reserves the right to modify, suspend, terminate or discontinue any aspect of the Websites at any time, including the availability of any Services, information, features or functionalities accessible through the Websites. We may also impose limitations on certain features, functionalities or services or restrict Your access to parts or all of the Websites and/or the Services without prior notice and without this implying any liability on Our part for any damages You may suffer.

5.2. Any improvements or additions to the Websites or Services will be subject to these Terms of Use unless We expressly provide otherwise. We may introduce new specific sets of terms and conditions for specific Services as appropriate, or amend existing specific terms and conditions.

5.3. Omel reserves the right, at any time or for any reason, to control and/or change the appearance, development and/or operations of the Website at Our sole discretion, as well as to establish and modify the procedures for Your contact with Us, without the need for prior notification.

6. Links to other Websites

6.1. The content of any websites that You access from Our Websites is entirely beyond Our control and Your access to and continued use of such sites is at Your own risk. The inclusion of such links on the Websites does not imply Our endorsement or approval of any products, services, content, information or materials offered by, or accessible to You on, third party websites. We make no representations or warranties about any third party websites that You may access through the Websites. We cannot accept any responsibility or assume any liability in respect of any material contained on any other website. Any opinions or recommendations expressed on such other websites are solely those of the independent providers and do not represent, nor do they represent, the opinions or recommendations of Omel.

6.2. All copyrights and trademarks accessible through links on the Websites are the property of the respective website owners or their licensors.

7. Intellectual Property

7.1. The Websites, the Services, their structures and all functionalities contained therein, all information, data, texts, images and graphics and all components used in the Websites (“Content”) are protected by copyright and other intellectual property rights. You acknowledge that Omel holds all rights, titles and interests in the Content and that You will not, by using the Website, acquire any rights of your own in it.

7.2. We own all data arising from Our operation of the Websites and You must not object to any use of such data by Us.

7.3. You may print out one copy of individual sections of our Websites for Your personal use only, provided that no copyright or other proprietary notices are removed. The information contained in the Websites and their Content must not be otherwise modified, reproduced (in whole or in part), distributed, transmitted to any other person or entity, incorporated into any document or other material or linked to (by electronic means or otherwise) without the express written permission of Omel, except as expressly licensed in these General Terms of Use.

7.4. The license to use Our Website is granted on a non-exclusive, non-transferable, non-sublicensable basis, and is revocable at any time in relation to any and all Content provided to You for exclusive use in internal systems processing. Omel does not grant any other license or authorization over its industrial and intellectual property rights or over any other properties or rights related to the Services and/or Websites. Omel reserves all and any rights over its trademarks, copyrights, and other intellectual property rights available on Our Websites, and their use without Our express authorization is prohibited, under penalty of civil and criminal offenses.

8. No Warranties

8.1. Whilst We have used Our best endeavours to ensure that the Content on the Website is reliable, no warranty (express or implied) is made as to its currency, accuracy, completeness or impartiality and therefore You should, if necessary, obtain independent verification of any of the information contained herein.

8.2. We (I) assume no responsibility, of any nature and for any title, regarding any Content contained in the Websites, or the Services provided or any information provided by or through the Websites, and (II) do not guarantee that the Website or any Services or Content thereof will be uninterrupted or error-free, that defects will be corrected or that the Websites, the server on which it is made available or any system connected to it, are free of viruses or other harmful components.

8.3 You acknowledge that you must use the Websites, their Content and the Services at your own risk, and that the Websites, their Content or the Services may contain technical problems or other limitations for which We assume no responsibility and cannot be held liable for any damages that may arise from technical problems, limitations, bugs or viruses in connection with Your access to, or use of, the Websites, their Content or the Services.

9. Responsibilities

9.1. Except in the case of willful misconduct proven in court, at no time shall Omel be liable for (a) loss or damage of any nature whatsoever arising as a result of any Content published on the Websites, these General Terms, the Services or any other information, data, software or service provided through the Websites; or (b) any losses resulting from orders or purchases of goods or services from third parties made through or based on information or Content provided on the Websites. Our total and cumulative liability to You shall under no circumstances exceed R$1,000 (one thousand reais).

9.2. Under no circumstances shall Omel be liable for any indirect damages of any nature whatsoever that may, directly or indirectly, be attributable to the use, or inability to use, the Websites, any content published on the Websites, or these General Terms, the Services or any information, data, software or service provided through the Websites, even if warned of the possibility of such damages or if such damages were foreseeable.

9.3 We will not be liable for any delay or failure to perform the Services, or failure to access the Websites or any of their Content, resulting from any cause beyond our or our service providers’ reasonable control.

9.4. You are responsible for all obligations to third parties arising from Your use of the Websites, including contractual, tax and regulatory liabilities. You agree to indemnify Us against any costs, expenses or liabilities that We incur, and any claims or legal proceedings that may be brought against Omel as a result of Your use of the Services, the Websites or any Content therein.

10. Acceptable Use Policy

10.1. You agree not to:

• use the Websites, any Content therein, as well as the Services for private purposes or personal reasons, but only for the normal business activities of You, Your company or Your employer;
• use the Websites, any Content therein, or the Services for any unlawful purpose;
• knowingly make available through the Websites or upload files, data or any other material not owned by or licensed to You;
• make available through the Websites or upload files or other data or materials that contain viruses, bugs, corrupted data or other harmful items;
• interfere with the normal operation of the Websites;
• interfere with other people’s use of and access to the Websites, its Content and Services; and
• publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or unlawful material or information through our Services or the Websites.

10.2. Omel reserves the right to immediately suspend or block Your access to the Websites or any Service, and remove any information or data that we consider to be a violation of any of these General Terms, without prior notice and/or make such information available when requested by public bodies or by court order.

10.3. Omel works and will make its best efforts to keep the Websites and Services up and running, however, all online services are subject to occasional interruptions and downtime. Omel is not responsible for any interruption or loss that You may suffer as a result of such interruptions or downtime.

11. Termination

11.1. Omel reserves the right to terminate these Terms of Use and your access to the Websites or any Services at any time, for any reason, without prior notice.

11.2. You have the right to terminate your access to the Websites and all Services by sending written notice to Omel, except for the existence of specific provisions in the Service Provision Agreement and/or Admission Proposal entered into between You and Omel.

12. Applicable Legislation

12.1. These Terms of Use and all relations arising therefrom are subject to and must be interpreted in accordance with the laws of the Federative Republic of Brazil, with the jurisdiction of the District of the Capital of the State of São Paulo being elected to resolve any dispute arising from this instrument.

13. Notifications

13.1. Notifications may be made and sent by Us or by You by email, through our available channels and informed on the Websites.

14. General Provisions

14.1. You may not assign, sublicense, subcontract, transfer or dispose of any rights and obligations assumed by You under these Terms of Use without our prior consent. Omel may assign obligations and rights arising from these Terms of Use to third parties, being obliged to communicate its intention to the User.

14.2. Taxes and other fiscal charges that are due, directly or indirectly, by virtue of amounts paid or received as a result of obligations assumed herein or by virtue of rights arising herein, as well as those incurred as a result of the execution of services and/or products dealt with herein, shall be the responsibility of the taxpayer as defined in the tax regulations, without the right to reimbursement.

4.3 These Terms of Use (together with any specific terms and conditions for specific services, including the Membership Proposal and Services Agreement) contain the entire agreement between Us in relation to the Services and Your use of the Websites and supersede all previous agreements between Us in relation to them.

14.4. If at any time any provision (or part of any provision) of these Terms of Use is, or becomes, illegal, invalid or unenforceable in any respect, that shall not affect or impair the legality, validity or enforceability in that or any other jurisdiction of any other provision (or any other part of the same provision) of these Terms of Use.