Terms and Conditions

General Terms of Use

Public browsing and visiting of this site is subject to the following terms and conditions:

COSAN S.A. Indústria e Comércio (“COSAN”) controls various companies, including, for example, Cosan Combustíveis e Lubrificantes, which holds rights for the Esso and Mobil brands owned by ExxonMobil Corporation. For convenience and simplicity, on this Web site all COSAN subsidiaries shall be jointly called the “COSAN GROUP.”

On this and other Web sites, the COSAN GROUP provides certain services, interfaces and functionality subject to your agreement to comply with the following terms of use. Your use of this Site or the Services will constitute your acceptance of the General Terms. Once accepted, the General Terms will constitute a binding agreement between COSAN and you. If you are not willing to abide by the General Terms of Use, please do not use this Site or the Services.

1) Changes and Special Additional Terms and Conditions

COSAN may revise the General Terms at any time without notice. You should revisit the Site periodically to make sure you are aware of the most recent General Terms because they will be binding on you. Your use of the Site or Services after such changes constitutes your agreement to such changes.

2) Use of the Site

A. Site Security. You are prohibited from violating, or attempting to violate, the security of the Site or Services. Any such violations may result in criminal and civil liabilities to you. Cosan will investigate any alleged violations, and, if a criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations. Violations of the security of the Site and Services include, without limitation, the following:

  • Logging into or attempting to log into a server or account that you are not authorized to access;
  • Accessing data or taking any action to obtain services not intended for you or your use;
  • Attempting to probe, scan, or test the vulnerability of any system, subsystem or network;
  • Tampering, hacking, modifying or otherwise corrupting or breaching security or authentication measures without proper authorization;
  • Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer‘s functionality or the operation of the Site or Services;
  • Interfering with, intercepting or expropriating any system, data or information; or
  • Interfering with service to any user, host, or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system.

B. "Spam" (unsolicited direct mail) and Similar Actions. You are prohibited from transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to one or more e-mail groups (which are two or more e-mail addresses aggregated as a single e-mail addressee).

C. Infringement. You are prohibited from using the Site or Services to infringe on any person‘s copyright, trademark, patent or other intellectual property rights.  We may terminate your right to access the Site and Services if we believe you are using the Site and Services in a manner that infringes upon the copyright, trademark, patent or other intellectual property rights of another. You may be ordered by a court to pay money damages to us and to the rightful owner of any intellectual property rights you violate.

D. Other Prohibited Actions. In using the Site or Services, you must not:

  • Post, e-mail, or otherwise transmit or use the Site or Services in furtherance of any unlawful, harmful, harassing, defamatory, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, any material that exploits children or is invasive of another person‘s privacy or other rights, or any material that Cosan in its sole discretion does not wish posted or transmitted on the Site and Services;
  • Continue to send e-mail to a recipient who has indicated that he/she does not wish to receive a communication from you;
  • Engage in and/or encourage conduct that would:  1) violate any applicable law or regulation or 2) give rise to civil liability;
  • Engage in conduct that could damage or impair the intended operability of the Site or the Services.
  • Impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of the TCP/IP packet header information in any e-mail or other posting;
  • Engage in deceptive online marketing; or
  • Assist or permit any persons in engaging in any of the activities described above.

E. Your Content. You must exercise caution, good sense and proper judgment in using the Site and Services. You are responsible for any material you place on or transmit to or through the Site or Services. You agree, represent and warrant that any information you post to or transmit through the Site or Services is truthful, accurate, not misleading and offered in good faith, and that you have the right to post or transmit such information. Such information (including without limitation, data, text, software, music, sound, photographs, graphics, video, messages or any other materials whatsoever), whether publicly posted or privately transmitted, is your sole responsibility

F. You agree that use of any information obtained via the Site or Services is at your own risk. COSAN does not guarantee that the content, instruments and materials contained, used and provided on this Site are accurately updated or complete, and assumes no responsibility for any damages caused by any inaccurate content or equipment failure.

G. Consequences of Unacceptable Use of the Site or Services. We reserve the right (but not the obligation) at our sole discretion to refuse or delete any of your content as well as suspend or terminate without notice your access to the Site and Services upon a violation or attempted violation of this Agreement. Indirect or attempted violations of this Agreement, and actual or attempted violations by a third party acting on your behalf, shall be deemed violations by you of this Agreement. Furthermore, it is a violation of this Agreement to use the services of another company for the purpose of facilitating any of the activities that violate this Agreement if such use of another company‘s service could reasonably be expected to adversely affect the Site and Services in any manner.

H. No Licensing. By your use of the Site or the Services you receive no license, express or implied, under any patent rights or trade secret rights now or hereafter owned, controlled or possessed by COSAN.

I. Linking. You may not link to this site without prior written permission from COSAN. You may download and print one copy of the content on this Site for your personal, non-commercial use, or in connection with your purchase of any COSAN product, provided that you leave any copyright or trademark information intact and unchanged. Other than as specifically set forth in this paragraph you may not copy (whether by printing off onto paper, storing on disk, placing on another site, or downloading in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way any portion of this Site.

3) COSAN, ESSO, MOBIL, DA BARRA, UNIÃO and certain other brands, trademarks and services marks are marks of COSAN or ExxonMobil. Not all brands of COSAN will appear on this Site and not all products or services listed on this Site are available for sale in every country. Some products or services may be marketed under local trademarks in specific countries. Brands of third parties may appear on this Site when referring to those entities or their products or services.

The user may forward, distribute, and/or photocopy copyrighted materials of COSAN located on this Site only if the entire relevant page or document is unaltered and complete, including all of their headers, footers, disclaimers, and other information. You may not copy these documents to another Web site.

4) No Warranty

This Site and Services are provided "As Is" and without warranties of any kind, whether express or implied. Although COSAN adopts the best practices to combat virus and other attacks, it acknowledges that these practices are not infallible. Thus, in compliance with the applicable laws, COSAN: (i) disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose and non-infringement, (ii) COSAN does not represent or warrant that the functions or Services contained in the Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components, and (iii) COSAN does not make any warranties or representations regarding the use of contents of this Site or Services in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise.  

5) Limitation of Liability

COSAN shall not be liable to you or any other party for any compensatory, punitive, special or consequential damages that result from the use of, or the inability to use, the Site, the Services or the contents on this Site or the performance of the Site, Services or products described on this Site, even if COSAN has been advised of the possibility of such damages.
 
If you are dissatisfied with any portion of the Site or the Services or with any of these terms, your sole and exclusive remedy is to discontinue using the Site and the Services.

6) Non-Confidentiality of User Materials

You are not to transmit any material to or through this Site that you consider to be confidential or proprietary. Any material which you transmit to or through this Site will be considered non-confidential and non-proprietary. Except as expressly provided in COSAN‘s Privacy Statement or separate written agreement between you and COSAN, you give COSAN an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information. You further agree that COSAN has the right to use, without any payment or accounting to you or others, any concepts, know-how or ideas which you (and those who act on your behalf) transmit to or through the Site.

7) Use of Third Party Web sites

COSAN is not responsible for the content of other Web sites (a) whose addresses are available on the pages of this Web site, or (b) that link to this Web site. COSAN does not guarantee indemnification for any damages caused by Web sites referred to in this item.

8) User Communication Areas

The Site may contain areas where users communicate with each other, including but not limited 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 the Services including the user communication areas. However, COSAN shall have no liability related to the content of any communications made in these areas.

For more information regarding the exchange of messages between you and COSAN via the Internet, please refer to the Privacy Policy.

9) Disclosure; Forward-looking statements

Some of the information on this Site or other sites of COSAN may contain projections or other forward-looking statements regarding future events or the future financial performance of the Company. We wish to caution you that these statements are only predictions and that actual events or results may differ materially.

Before making an investment decision, potential investors should carefully consider all the information available on this Web site, particularly the Risk Factors, in terms of their own financial situation and investment goals.

10) Global Availability/Export Controls

Portions of this Site and Services may be controlled and operated by COSAN from its offices and processing centers. COSAN makes no representation that the Site, Services or materials accessed or described on the Site are appropriate or available for use in other locations, and access to them from other countries where there contents are illegal or penalized is prohibited. Access to or use of the Site, Services or materials accessed on or described on the Site by persons prohibited from trading with COSAN for political reasons and/or domestic or foreign regulations is strictly prohibited.

Those who access the Sites or Services so do on their own and are responsible for compliance with all applicable Brazilian laws and the laws of any other country as applicable. You may not export or re-export any Services, information or materials accessed or described on this Site except in full compliance with applicable laws and regulations.  In particular, you may not export or re-export into any country (or to a national or resident of) prohibited from trading with COSAN for political reasons and/or domestic or foreign regulations. In addition, you are responsible for complying with any local laws in your country which may impact your right to import, export or use the Site, Services, information, or materials accessed or described on the Site.

Adequate provision of all Internet resources, without exception, is the responsibility of the Web site user.

11) Indemnity of Company

Under no circumstances shall COSAN, its officers or employees be held liable for any direct or indirect special, incidental or consequential damages, losses or expenses resulting from or in connection with this Web site or use on your part, or the inability to use the Site by any party, or in relation to any performance failure, error, omission, interruption, defect or delay in operation or transmission, computer virus or connection or system failure, even if COSAN or its agents have been advised of the possibility of damages, losses or expenses.

12) Applicable Law and Dispute Resolution

This Agreement shall be governed by Brazilian laws. Access to the Site and its use after reading this Agreement shall imply your agreement that any and all disputes or controversies arising from or related to this Agreement shall be subject to and settled by the court of São Paulo.

13) Special Note for Parents

Portions of this Site and Services may be of special interest to children but COSAN does not seek through this Site to gather personal information from persons under the age of 18.

14) How to Contact Us

If you have any questions or concerns about the General Terms of Use, click Contact Us and choose the means that are best for you.

 

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Privacy Policy

COSAN’s Privacy Policy was developed to demonstrate the Company’s commitment to the security and privacy of information collected from users of the interactive services available on this Web site. Investors and analysts can visit this Web site to learn about COSAN’s services, read reports and obtain information and news without providing any personal information. This policy clarifies how COSAN collects and handles any personal information you provide. We advise you to periodically check this policy, which is subject to change without notice.

1. Any information provided by users will be collected and stored according to strict security and confidentiality standards.

2. The personal information provided by users is legally and ethically collected, and may serve one or more purposes of which users will be notified.

3. Users will be notified about which personal information will be collected before it is collected, and they may choose whether or not to provide this information under their responsibility, being duly aware of the consequences of their decisions.

4. Unless COSAN receives a court order or is otherwise required to by law, your information will never be transferred to third parties or used for other purposes than those for which it was collected.

5. Access to the information collected is restricted to authorized employees for appropriate use of this information. Employees that improperly use this information in violation of this Privacy Policy will be subject to the penalties of COSAN’s disciplinary proceedings.

6. The Company will maintain the full content of information provided by visitors.

7. This Web site has links or frames of other sites that may or may not be partners or affiliates of the Company. These links and frames are available only as an additional benefit to users. The inclusion of these links and frames does not imply that COSAN is aware of, agrees with or is liable for them or their respective contents. Therefore, COSAN cannot be held liable for eventual losses or damages incurred due to the use of these links or frames.

8. Whenever other organizations are hired to provide support services, they will be required to comply with COSAN’s privacy standards.

9. For administrative purposes, the Company may use cookies (*), and at any time the user may activate his or her browser mechanisms to inform him or her when they are activated or to prevent their activation.

10. Other relevant information about the terms and conditions of use of this Web site is available in the Terms of Use.

(*) Cookie: small file stored on your computer to track movement within the Web site.

 

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Risk factors

The Brazilian Securities and Exchange Commission (“CVM”) and the São Paulo Stock Exchange (“Bovespa”) maintain updated information about current capital markets regulations. All those who are interested in investing in the stock market should refer to the standards and regulations applicable to the capital markets.

Before making an investment decision, potential investors should analyze all the risks involved. The COSAN GROUP presents below some examples of these risks. The information contained on this Site is not exhaustive and potential investors should seek additional information with CVM and Bovespa.

The COSAN GROUP’s businesses, financial condition, and operating results may be adversely and materially impacted by any of these risks, and accordingly, negatively affect COSAN’s securities. The risks outlined below are those known to the COSAN GROUP that may significantly affect the Company. Additional risks that are unknown to COSAN or immaterial may also impact its businesses.

1) Risks related to the businesses and sector in which COSAN operates

  • The Company operates in sectors where market prices are cyclical and are affected by domestic and international macroeconomic conditions.
  • COSAN’s businesses face strong competition that may adversely affect its market share and profitability.
  • The expansion of its business through acquisitions and strategic alliances poses risks that may reduce the benefits the Company expects to obtain with these operations.
  • Ethanol prices are strongly correlated to sugar prices. A decrease in sugar prices may adversely affect both its sugar and ethanol businesses.
  • Decreased demand for ethanol as fuel, or a change in the Brazilian government policy in relation to ethanol as a gasoline additive may have a significant adverse effect on the Company’s businesses.
  • Government policies and regulations affecting the agricultural sector and related sectors may adversely affect the Company’s operations and profitability.
  • COSAN is subject to extensive environmental regulation and may be exposed to contingences resulting from handling hazardous materials, as well as potential costs to comply with environmental regulations.
  • The Company may be unsuccessful in reducing its operating costs and increasing its operating efficiencies.
  • Any decreases in the amount of sugar cane planted and the amount purchased in a certain crop, or in its saccharose content may have a significant adverse effect on COSAN’s businesses.
  • The Company may be adversely affected by sugar cane shortage or high costs.
  • COSAN faces potential adverse effects on its operating results deriving from competition from alternative sweeteners.
  • The Cosan Portuária concession – a government concession to operate the port terminal -- is subject to termination by the granting authority.
  • The Company may be adversely affected by unfavorable rulings on lawsuits in progress.
  • COSAN may be adversely affected by seasonality.
  • The Company is very dependent on certain members of its management.

2) Risks related to COSAN’s shareholders

  • COSAN is controlled by a single person, who indirectly controls the Company and its subsidiaries.
  • COSAN may face conflicts of interests in operations with related parties.

3) Risks related to Brazil

  • The Brazilian federal government has exercised and continues exercising significant influence on the Brazilian economy. Brazil’s economic and political conditions have a direct impact on the Company’s businesses.
  • Economic and market conditions of other emerging economies may adversely affect Brazil’s economy and, accordingly, the market value COSAN’s stock.
  • Inflation and government measures to combat inflation may contribute to economic uncertainty in Brazil and compromise the Company’s operating results and market value of its stock.
  • Volatility of the Brazilian real in relation to the U.S. dollar may harm the Company’s ability to honor its U.S. dollar-denominated debt.
  • Changes in Brazilian tax laws may adversely affect the taxes levied on the Company’s operations.

4) Risks related to COSAN stock

  • An active and liquid market for the Company’s stock may fail to develop, limiting the possibility of selling these shares.
  • The sale of a significant number of COSAN’s shares after the Company’s IPO may adversely affect the common share price, and new stock issues will dilute the holdings of all other shareholders.
  • COSAN shareholders may fail to receive dividends or interest on shareholders’ equity.

5) Comments on EBITDA

EBITDA corresponds to the net income (loss) before interest, taxes, depreciation and amortization. EBITDA must not be considered an alternative to net income (loss) or cash flow, nor as an indicator of COSAN’s operating performance or liquidity.

The Company’s management believes that EBITDA is a practical measure to assess its operating performance and allows comparison with other companies in the same segment. Nevertheless, EBITDA is a not a measure established according to the generally accepted accounting principles in Brazil (Brazilian Corporation Law or BR GAAP) or US GAAP and may be defined and calculated differently by other companies.

 

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Legal Notices

COSAN’s investor relations Web site contains forward-looking statements that are subject to risks and uncertainties as they are based on the Management’s beliefs and assumptions and available information. Forward-looking statements involve affirmations about intentions, beliefs and/or current expectations of the Company or the Management in relation to several issues, including:

  • COSAN’s Management and its future operations;
  • implementation of the Company’s main operating strategies;
  • implementation of COSAN’s plans for acquisitions, joint ventures, strategic alliances and divestments;
  • implementation of the Company’s financial strategies and investment plans;
  • the competitive nature of the sector in which COSAN operates;
  • the cost and availability of funding;
  • the performance of the Brazilian economy in general;
  • foreign exchange rate variations;
  • amendments to legislation, regulations and government polices to which the Company is subject, including those related to the environment;
  • the declaration or payment of dividends or interest on shareholders’ equity;
  • other factors or trends that may affect COSAN’s financial condition or its operating results;
  • the risk factors mentioned in the Risk Factors; and
  • other statements contained in this Web site related to non-historical facts.

Investors should be aware that the aforementioned factors, in addition to others discussed on this investor relations Web site, may affect the Company’s future results, which may differ from those projected in COSAN’s forward-looking statements on this Web site and documents therein.

The forward-looking statements also include information about possible or presumed future results of the Company’s operations. This information is presented in various sections of this Web site, as well as in statements that include the words “believes,” “may,” “continues,” “expects,” “foresees,” “intends,” “plans,” “estimates,” “anticipates,” or similar words and phrases.

Forward-looking statements do not represent a performance guarantee. They involve risks, uncertainties and assumptions as they refer to future events and therefore depend on circumstances that may or may not occur. COSAN’s future financial condition, operating results, strategies, market share and market value may be significantly different when compared to those expressed or suggested in these forward-looking statements. Several factors that will determine these results and values go beyond the Company’s capacity to control or forecast.

Investors are warned not to rely excessively on forward-looking statements.

 

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