OMEGA COMERCIALIZADORA DE ENERGIA LTDA., registered with the CNPJ (Corporate Taxpayer ID) No. 14.797.440/0001-26, is a legal entity governed by private law (“Omega”) that enables the purchase of electricity (“Supply”) for potential buyers (“Buyers”), through the Omega Software (“Platform”).
By means of these General Terms and Conditions of Use and Privacy (“Terms”), Omega introduces to the users and Buyers through the Platform (jointly referred to as “Users”) the essential conditions for the use of the services supplied on this Platform.
By using the Platform or purchasing the Supply offered by Omega, Users will be accepting and submitting to the conditions of these Terms.
1.1. The service subject matter of these Terms allows Users who use the Platform to freely purchase the Omega Supply for their businesses.
1.2. The contracting of the Supply will occur upon acceptance of the Buyer’s proposal. All information provided on the Platform will only take form upon the Buyer’s acceptance of the proposal presented by Omega.
1.3. By accepting these Terms, Users agree and consent with the terms and conditions previously set out in the Electricity Sale Agreements.
1.3.1. The express acceptance in the commercial proposal binds the Users to the fulfillment of the terms and conditions of the respective Agreement, regardless of the signature of such document.
1.3.2. In the event that the BUYER does not sign the AGREEMENT within 5 days, the SELLER, at its own discretion, may update the commercial conditions. The BUYER’s initial signature obligation will remain in effect if the commercial conditions are maintained.
2.1. The Supply by Omega is only available to legal entities regularly registered in the federal and state taxpayer registers that are eligible to contract it and that are not disabled by Omega (whether temporarily or permanently).
2.2. The creation of more than one User is not allowed. In the event of multiple signups made by a single User, Omega reserves the right, at its sole discretion and without the need for prior consent from or notification to Users, to disable all existing signups and prevent any future signups linked to them.
2.3. Omega may unilaterally delete the User’s signup whenever the User’s conduct is found to be or will be harmful or offensive to other Users, Omega and its employees, or third parties.
3.1. It is necessary to completely fill in all the data required by Omega for Users to be able to contract the Supply.
3.2. It is the exclusive responsibility of the Users to provide, update, and ensure the accuracy of the registration data, and Omega is not responsible for any type of civil and criminal liability stemming from untrue, inaccurate, or incomplete data provided by Users.
3.3. Omega reserves the right to use all valid and possible means to identify its Users, as well as to request additional data and documents that it deems relevant to verify the information entered.
3.4. If Omega considers a signup, or the information contained therein, to be suspected of containing erroneous and/or untrue data and/or it does not comply with Omega’s internal guidelines, Omega reserves the right to temporarily or permanently suspend the User responsible for the signup and/or the company connected to the signup, as well as prevent and block any signup performed by them, without prejudice to other measures that it deems timely and necessary. In the event of the application of any of such sanctions, Users or companies will not be entitled to any type of refund, damages, or compensation for loss of profits or moral damages.
3.5. The User will access their account through email and password, undertaking not to disclose them to a third party, and being fully responsible for their use.
3.6. The User undertakes to immediately notify Omega, through the contact channels maintained by Omega on the Platform, of any unauthorized use of their account. The User will be solely responsible for the operations carried out on their account, since access will only be possible through the use of a password known exclusively to them.
3.7. Under no circumstances will the assignment, sale, rental, or other form of transfer of the account be permitted. The creation of new signups by people whose original registrations have been canceled owing to breaches of Omega’s policies will not be allowed either.
4.1. Omega may, at any time and at its sole discretion, amend these Terms.
4.2. In the event of any amendments to the Terms, the new Terms will take effect ten (10) days after being posted on the Platform. Within five (5)days from the publication of the modifications, the User should make a statement, through the contact channels, should they disagree with the amended terms. If there is no statement within such period, it will be understood that User has tacitly accepted the new Terms, and the contract will continue to bind the parties.
4.3. The amendments will not take effect with respect to negotiations between Supplier and Buyer previously entered into at the time such amendments are published. The Terms will be valid with the previous wording exclusively for such negotiations.
5.1. All information or personal data provided by the User is stored on high security servers.
5.2. Omega will take all possible measures to maintain the confidentiality and security described in this clause, but will not be responsible for losses that may stem from the breach of these measures by third parties who use improper, fraudulent, or unlawful means to access the information stored on the servers or databases used by Omega.
5.3. Omega may use User data and information relevant to transactions or other business carried out through the Platform for analysis, studies, reporting, all as necessary for the proper operation and development of the Platform.
5.4. Omega, for legal reasons, will keep in its database all the information collected from Users who delete their signups.
5.5. The purpose of the email and password of each User is to guarantee privacy and security. Omega recommends its Users not to share this information with anyone. Omega is not responsible for damages or losses caused to the User by sharing this information.
5.6. Omega follows the security standards commonly used by companies operating with data transmission and retention to ensure the security of its Users.
5.7. The name, email, and other User data may be used to send notifications, information about the Supply provided or the account itself, notices about breaches of the Term, and other notifications that Omega considers necessary. Users may request Omega to exclude them from its mailing list.
5.8. Omega will provide all information requested by public authorities, providing that it is duly justified and consistent with the applicable laws.
6.1. It is strictly forbidden for Users, among other actions provided for in these Terms, to manipulate, directly or indirectly, the of Supply prices advertised.
6.2. Users may not: (i) obtain, store, disclose, trade, and/or use personal data about other Users for any purpose; (ii) use automated means, including spiders, robots, crawlers, data capture tools or the like to download data from the website (except Internet search engines and non-commercial public files); (iii) circumvent, or attempt to circumvent, in any way whatsoever, the website’s system, mechanism, and/or platform.
7.1. The use of any device, software, or other resource that may interfere with the activities and operations of the Platform, as well as with advertisements, descriptions, accounts or their databases will not be allowed. Any intrusion, attempt, or activity that violates or contravenes the laws of intellectual property rights and the prohibitions stated in these Terms will make the person responsible for such practice liable to the effects of the relevant legal actions, as well as the sanctions provided herein, as well as to compensate Omega or its Users for any damage caused.
8.1. Without prejudice to other measures, Omega may, at its sole discretion and without the need for prior consent or communication to Users, warn, suspend, or cancel, temporarily or permanently, the User’s signup, and may apply sanctions that negatively impact their reputation, at any time, filing the applicable legal actions and suspending the provision of its Supplies, if: (i) the User does not comply with any provision of these Terms and other Omega policies; (ii) fails to meet its User duties; (iii) perpetrate criminal acts or torts; (iv) the User’s identity cannot be verified, any information provided by the User is incorrect or if the information provided leads to the belief that the signup is false or belongs to a different person; (v) Omega understands that the User’s contracting or any other attitude has caused any damage to third parties or to Omega or has the potential to do so.
8.2. Omega reserves the right, at any time and at its sole discretion, to request the sending of any document that proves the accuracy of the signup information.
8.3. In the event of a request for documents, any deadlines set forth in these Terms will only apply from the date of receipt of the documents requested from the Supplier by Omega.
9.1. In no case will Omega be liable for loss of profits or any other damage and/or loss that the User may undergo as a result of negotiations not carried out through the Platform.
9.2. Omega reserves the right to assist and cooperate with any judicial authority or government agency, being able to send signup or business information of its Users, when it considers that its assistance or cooperation is necessary to protect its Users, employees, workers, managers, partners, or any person who may be harmed by the action or omission tackled.
9.3. These Terms do not imply any partnership, agency, franchise, trading, or employment relationship between Omega and the User.
10.1. Omega is not liable for any damage, defect, technical/operational malfunctions, or loss undergone by the User as a result of an act or fact external to Omega.
11.1. If Users are linked on the Platform to the independent consulting company (“Consultancy”), they have already granted special and specific powers to the respective company to represent them on the Platform, pursuant to Article 653 et seq. of the Brazilian Civil Code.
11.2. As clause 11.1 above is applicable and if the “Full Management” permission level is authorized by the Users, the Consultancy may enter into transactions for the purchase and sale of electricity in the short-term market on behalf of its respective Users.
12.1. The commercial use of the expression “Omega” as a brand, business name, or domain name, as well as the logos, brands, insignia, content of the screens pertaining to the Supply of the Platform and the set of software, databases, networks, and files that allow the User to access and use their account, are property of Omega and are protected by the laws and international treaties of copyright, trademarks, patents, models, and industrial designs. The misuse and total or partial reproduction of said contents are prohibited, unless expressly authorized by Omega.
13.1. All items in these Terms are governed by the laws in force in the Federative Republic of Brazil. For all matters regarding the interpretation, compliance, or any other questioning pertaining to these Terms, the parties agree to submit to the São Paulo District Court.
These Terms were drafted and updated on December 3, 2021