REGULATION OF THE KAPTAR SYSTEM

EFFITECO SAS, Colombian Nationality Society, domiciled in the city of Medellín, Antioquia, Constituted by private document of August 6, 2015, with headquarters located in 67 street # 52-20 Office 4012 Tower A, Ruta N Complex, is responsible for the creation, maintenance and operation of a network of solid waste collecting machines called Kaptators machines , integrated into a digital platform that composes the Kaptar System.

The Kaptators machines  are destined to the collection of solid waste potentially usable, equipped with hardware and software resources embedded with Internet connection, which allows the implementation of a system that rewards the good actions, among them, the good action to recycle, through points called «Kaptar Points», which among other functions, allows to buy between different products or services, which to be acquired, the user must consume an environmental message or a culture of citizens, where companies from different sectors can sponsor this message, the reward given to the Kaptar users for their good deed. The Kaptators machines  are equipped with an NFC reader (proximity technology) which allow the reading of different types of cards with RFiD technology, used in most Integrated Public Transport Systems, University Identification Cards and Business Identification Cards, in addition, The Kaptar System supports identification of Users by means of identification number, phone number or e-mail.

The present regulation aims to establish all rules, terms and conditions to participate in the Kaptar System and redeem Kaptar Points for different rewards. In order to decide on participation in the Kaptar System, the interested party must read in full the provisions of this Document and, in the case in which he fully agrees, freely accepting his registration in the Kaptar System.

In the event that the interested party disagrees totally or partially with the terms of this Regulation, it will not be possible to participate in the Kaptar System. However, for suggestions and / or doubts about this document, the interested party may contact EFFITECO through the following channels:

(+4) 516 7770 ext. 1059

www.effiteco.com or www.kaptarnosmueve.com

info@kaptarnosmueve.com

The rules and regulations of privacy established by EFFITECO and consolidated in its Privacy Policy are applicable to these Regulations, available at:

www.effiteco.com/privacypolicy

ACCESSION OF INTERESTED PARTIES TO THE KAPTAR SYSTEM

Acceptance of the Regulation and adhesion of the Interested Party: For participation of the interested party in the Kaptar System, it is required that the same, by itself or through its respective representative or attendant, when applicable, read and accept in full this Regulation. With the acceptance of the terms and conditions of this document, you can participate in the Kaptar System:

  1. a) Any fully qualified natural person, who can register, in conjunction with the «agree» to the terms of these Regulations, through (i) the web pages www.effiteco.com or www.kaptarnosmueve.com, (Ii) the Kaptar Smartphone application, (iii) the Kaptators machines  and (iv) any other available channels that have been informed by EFFITECO.
  2. b) Individuals who are absolutely or relatively incapacitated, through their respective representatives or persons, who will be responsible for illegal acts, in accordance with civil regulations, that it is necessary to analyze and approve this Regulation and faithful compliance with it, Utilization of Kaptators machines  and participation in the Kaptar System. The registration can be made in the same means defined above.

1.1.1 In the event that the interested party disagrees, totally or partially with the terms of this Regulation, it will not be possible to participate in the Kaptar System. However, for suggestions and / or doubts about this document, the interested party may contact Effiteco, through the following channels:

(+4) 516 7770 ext. 1059

www.effiteco.com or www.kaptarnosmueve.com

info@kaptarnosmueve.com

– Registration: The acceptance of this Regulation by the interested party, in order to join it to the Kaptar System, it will be necessary to register, informing, (i) obligatorily, email, cell number and password to access the Kaptar System; And even, (ii) optionally, full name, citizenship card number, date of birth, among others. (Iii) In case the interested party so wishes, it will be possible to register in the Kaptar System by means of the page www.kaptarnosmueve.com or directly in the Kaptators machines  by means of a Kaptar Agent.

Verification of the information provided by the Kaptar User and its updating: The Kaptar User, or its respective representative or attendant, when applicable, is responsible for the veracity and integrity of all information submitted to EFFITECO, should maintain up to date their registration data, especially e-mail (the latter is intended primarily for sending operating records within the Kaptar System and updating login passwords). EFFITECO shall not be liable for any damage or injury arising from incorrect information submitted by the Kaptar User.

Exceptionally, registration in the Kaptar System may be initiated directly by the Allies, who will pre-register the interested party. In this case, the interested party must, through (i) the website www.kaptarnosmueve.com or (ii) through the Kaptar Mobile Application, complete the registration and accept this Regulation.

Kaptar Account: By registering the interested party, a Kaptar User Account will be created, in which the User will be able to consult, the transactions made in the Kaptators machines , the Kaptar Points accumulated, the period of validity of the Kaptar Points obtained and the redeemed coupons to Through the Kaptar System

Each participant will be authorized by EFFITECO to make a single registration in the Kaptar System, with only one active Kaptar User. In the event that a Kaptar User has more than one Kaptar Account, EFFITECO, at its discretion, will determine which account will be active.

Access to the Kaptar System: The means of identification of Kaptar Users in the Kaptators machines  will be; Internal Card Number (RFiD-Proximity), Email and / or Cell Number, previously enrolled by a Kaptar Agent. The Kaptar User Identification media on our Platforms (Web – App) will be; Email and Password.

Personal Information: Data provided by Kaptar Users such as: Email and Password, Internal Card Number (RFiD-Proximity), External Card Number (RFiD-Proximity), Phone Number and / or Identification Number, are Personal use and non-transferable, being the password of the Kaptar Platform for exclusive use by the registered Kaptar User or the attendant when the case, being the duty of the same to keep it secret, not divulging or sharing it. The abuse of the Kaptar Account, made by third parties, is the sole responsibility of the User Kaptar or its attendant, when applicable, exempting EFFITECO S.A.S from any responsibility for damages due to improper use.

Modification of Passwords for Access to the Kaptar System: The password assigned by the Kaptar User may be recalled or modified by the Kaptar User or its attendant, when applicable, at any time, through the website www.kaptarnosmueve.com

Kaptar Points

Definition: The Kaptar Points are the units of measure used by the Kaptar System, to account for the rewards obtained by the good actions and the capture of materials potentially usable through our Kaptators machines , giving Kaptar Users the possibility to redeem the Kaptar Points in different products or services, delivered by our Allies.

Ownership of Kaptar Points: All Kaptar Points available for conducting transactions within the Kaptar System are owned by EFFITECO SAS, so that the points available for making transactions may only be used in accordance with the terms of this Regulation.

Kaptar Points obtained by Kaptar Users are therefore personal and non-transferable, and it is expressly prohibited to share them with third parties, including by succession or inheritance. In the event of the death of a Kaptar User, the Kaptar account will be closed and Kaptar Points will be deleted.

Kaptar Points Accumulation: The accumulation of Kaptar Points acquired by Kaptar User, in the Kaptar System, are the result of the good actions defined by EFFITECO SAS, among them the good action that is to recycle through the available Kaptators machines  or with Authorized Kaptar Agents.

In the event that the sum of points is not made effective for the good action performed, the Kaptar User will have a term no longer than 7 working days, from the date of operation, to make the relevant claim, through the available platforms For this purpose as they are:

(+4) 516 7770 ext. 1059

www.effiteco.com or www.kaptarnosmueve.com

info@kaptarnosmueve.com

EFFITECO S.A.S will have a period of 30 days to inform the User Kaptar of their claim.Kaptar Points Expiration: Kaptar Points obtained, will be valid to be redeemed, for a period established according to the categorization of Kaptar User (Chapter 4), whose initial term is counted from the realization good action, which generates obtaining of the Kaptar Points in the Kaptar User account. The debit of Kaptar Points will be made according to the most recent date to the most recent date, that is, the oldest Kaptar Points will be the first to be debited when the Kaptar User decides to redeem them.

Prohibition of Negotiation of Kaptar Points: It is forbidden the negotiation or alienation by the User Kaptar or its attendant, as the case may be, of the Kaptar Points and / or the benefits offered by the Kaptar System.

Kaptar Points Summation Rules and Specific Bonuses

Summation Kaptar Points: As defined in clause 2.3, Kaptar Points will be added to the Kaptar User once the user has performed a good action previously defined by EFFITECO S.A.S.

It is the obligation of the Kaptar User or his / her party, when applicable, to consult with User or Password, through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) Enabled by EFFITECO SAS, which are the residues accepted by the Kaptar System.

For the recognition and summation of Kaptar Points in the Kaptar User account, it is necessary to read and validate the bar code of the residue deposited by our Kaptators machines  or by any means enabled by EFFITECO S.A.S. It should be noted that all wastes entering the system must be Post-consumption products, which are in optimal conditions for their use and are complete; With lid and label, without any residue inside.

Kaptar Points Summation Limit: The Kaptar system does not have a maximum limit of number of valid residues per day. Notwithstanding Kaptar may limit this number at any moment with prior notice.  

It is the obligation of the Kaptar User or his / her party, when applicable, to consult through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) through any channel enabled by EFFITECO SAS , The maximum amount of valid waste that will be transformed into Kaptar Points on a given day.

Once the daily limit of valid waste has been reached that will become Kaptar Points, Kaptar User will not be prohibited to deposit more waste in the Kaptators machines , however, such waste will not add Kaptar Points.Specific Bonuses: In the event that EFFITECO SAS decides to create bonus mechanisms with extra summation of Kaptar Points for specific actions, such as: Kaptar Users Bonus System for meeting goals, plus Kaptar Points for a certain residual, bonus for The Kaptar User who completes the registration of their personal data, among others. For such specific bonuses, it is the obligation of the User Kaptar, or its attendant, when applicable, to consult with User or Password, through (i) www.kaptar.co website, (ii) through the mobile application Kaptar or (iii) by any channels enabled by EFFITECO SAS, the specific bonuses in force.

Kaptar Users Categories

Kaptar Users Categories: Kaptar Users will be qualified in the Kaptar System, in different categories and rules, according to the frequency of use of the Kaptar System, level of participation or other activities defined by EFFITECO SAS and disclosed through (i) www. Kaptar.co, (ii) through the Kaptar mobile application or (iii) by any channel enabled by EFFITECO S.A.S.

It is the obligation of the Kaptar User or his / her party, when applicable, to consult through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) through any channel enabled by EFFITECO S.A.S., Which are the categories of User Kaptar and its rules in a certain category.

Redeem Kaptar Points

Redeem Kaptar Points for Products and / or Services: Kaptar Users who have acquired Kaptar Points for good actions, accumulated in the Kaptar User Account, can make the redemption of their Kaptar Points, making them prizes, represented in products and / or services Delivered by our Allies, and / or Loyalty Programs and / or Environmental Education or Citizen Culture Programs.

The Allies or Benefits delivered by the Kaptar System, may vary during the validity of the same. Therefore, before redeeming the desired benefit, the Kaptar User must consult through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) through any channel enabled by EFFITECO S.A.S., The benefits that are in force.

Costs and / or Redemption Charges: The redemption of Kaptar Points by the Kaptar User may eventually generate costs and / or charges, according to the type of benefit to be redeemed and / or the channel used to access the benefit. The User Kaptar, or its respective attendant, when applicable, must consult the Costs or Charges that will be discounted at the moment of redeeming the desired benefit.

Procedure for Redemption Benefits:

Before redeeming any benefit, Kaptar User shall consult the terms and conditions, for each case, available on (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) any authorized channel By EFFITECO S.A.S.

The redemption of Kaptar Points may be made by Kaptar User, through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) by any channel enabled by EFFITECO S.A.S.

To access the benefits provided through the Kaptar Points, the Kaptar User must complete his / her personal data through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application, (iii) the Agent Kaptar or (iv) by any channel enabled by EFFITECO S.A.S.

Once the Kaptar User can log in to the Kaptar Platform, the Kaptar User must select the benefit that he wishes to obtain and display the message of Citizen Culture or Environmental Culture in order to access this benefit.

Additional information will be available for consultation in the Kaptar User Profile.

Terms and Conditions of Benefits: The terms and conditions for accessing benefits, such as; Amount and / or Equivalence of Kaptar Points, for each Product, Service or Promotion, will be defined by EFFITECO and / or the Allied, and may have periodic alterations. The disclosure of such alterations in the Terms and Conditions of each benefit will be reported to Kaptar Users through (i) www.kaptar.co, (ii) through the Kaptar mobile application, (iii) Kaptar Agent, Iv) Social Networks (Facebook, Twitter, Instagram or Youtube) or (v) by any channel enabled by EFFITECO SAS

Conversion Kaptar Points for current benefits in the Kaptar System: Whenever the Kaptar User so desires, he / she may redeem his / her Kaptar Points for benefits in force on the Kaptar Platform, applying the following Terms and Conditions:

The Terms and Conditions applied to the redemption of Kaptar Points for benefits of our allies, such as quantity or equivalence, will be defined by EFFITECO S.A.S. and the Allied, and their disclosure will be made through (i) www.kaptar.com .co, (ii) by means of the Kaptar mobile application or (iii) by any channel enabled by EFFITECO S.A.S.

For the redemption of Kaptar Points for a chosen benefit, the Kaptar User must have the registration of their personal data in the Kaptar Platform. The registration of Kaptar Users will be subject to Terms and Conditions informed directly by EFFITECO S.A.S or the Ally, and no redemption of Kaptar Points will be performed automatically by EFFITECO S.A.S.

Once the redemption of Kaptar Points has been made for some benefit, there will be no possibility of reversing the transaction or canceling it, thus, the profit obtained will come into the possession of the Kaptar User, taking into account the Terms and Conditions applicable to said benefit, Through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) through any channel enabled by EFFITECO SAS

Prohibition of conversion of Kaptar Points in money: In no case, Kaptar Points will be totally or partially converted into money by EFFITECO, whether in national or foreign currency.

Transfer of Kaptar Points to Allies through Redemption of Points: Kaptar Points can be delivered to Non-Profit Beneficial Institutions, registered within the Kaptar System, without involving any type of financial transaction.

It is the obligation of the Kaptar User or his / her party, when applicable, to consult through (i) the website www.kaptar.co, (ii) through the Kaptar mobile application or (iii) through any channel enabled by EFFITECO SAS , Which are the charities without registration in the Kaptar System.

Responsibility for redeemed benefits: All benefits available for Redemption in the Kaptar System, including allied services, products and / or promotions, are independently created, developed and managed by the Allied, therefore, EFFITECO SAS Has no responsibility, whether direct or indirect, subsidiary or jointly, for services, products, promotions and / or incentive programs.

Responsibility for the benefits redeemed by relatively or absolutely incapacitated: It is the responsibility of the User Kaptar or its attendant, when applicable, to redeem the intended benefits on behalf of the User Kaptar, respecting the civil legislation for the redemption of the desired prize.

Information on benefits to be redeemed or effectively redeemed: All information regarding the products and / or services provided by the Allies through Kaptar Points, including but not limited to the risks, characteristics, peculiarities, deadlines for delivery, receipt, Delivery, among others, must be verified by the User Kaptar, or its attendant, when applicable, directly with the Ally responsible for the product and / or service.

Reimbursement of Kaptar Points: EFFITECO S.A.S., may reimburse Kaptar Points, in its sole discretion, at the request of the Ally or, exceptionally, at the request of the Kaptar User, in both cases, said reimbursement being subject to verification of said Kaptar Points. Specific request by EFFITECO S.A.S., canceling the redemption made and returning the Kaptar Points to the Kaptar User account. The cases that may request redemption of Kaptar Points redeemed, including but not limited to, Kaptar Platform errors and / or human failure. In the event that EFFITECO S.A.S. accepts a Kaptar Points refund request, such Kaptar Points will be returned to the Kaptar User Account, with the same original transaction date, ie, the date on which the Kaptar User originally obtained Said Kaptar Points, in accordance with Clause 2.3.

The reimbursement of Kaptar Points referring to the Redemption of products, services and promotions, must respect the specific terms and conditions of each Ally. The following cases do not give rise to a refund:

Kaptar User dissatisfaction, or vices of the product and / or service, object of Redemption, being that any claim in this sense, should be directed to the responsible Ally.

Kaptar User dissatisfaction when redeeming Kaptar Points for promotions or Allied programs.

Non-effective Redemption: In the event that a Redemption is not performed correctly by the Kaptar User, it will have a period of no more than 7 business days, from the date of operation, to make the relevant claim, through The platforms available for this purpose such as:

(+4) 516 7770 ext. 1059

www.effiteco.com or www.kaptarnosmueve.com

info@kaptarnosmueve.com

EFFITECO S.A.S. will have a period of 30 days to inform the User Kaptar of their claim.

Use and Availability of information to Allies

Use of Information: In addition to the methods informed in the Privacy Policy, EFFITECO S.A.S. may use the personal information provided by Kaptar Users or information obtained from EFFITECO S.A.S. research to the Kaptar Users, and collected for Use in the Kaptar System with the following Terms and Conditions.

The contact information provided by the Kaptar Users may be used for the disclosure of options for Redemption and use of Kaptar Points accumulated, as well as for sending advertising on the services of the Kaptar System, its Allies and Advertisers.

Information gathered by EFFITECO S.A.S with its Allies may be shared for purposes of identifying those responsible for the accumulation or improper use of Kaptar Points, in case of suspected fraud or illegal acts.

The information collected by EFFITECO S.A.S may be used to regulate the availability of Redemption and accumulation Kaptar Points options, as well as personalization of the attention to the Kaptar User.

Responsibility and Expulsion of Kaptar Users. The Kaptar User or its attendant, as the case may be, is responsible for all acts that are performed with the use of its means of identification registered in the Kaptar System, which includes liability for damages as a result of misuse by third parties , Exempting EFFITECO from liability for any misuse.

In accordance with clause 1.1.2, the User Kaptar or its respective party, when applicable, is responsible for the veracity and integrity of all information provided to EFFITECO S.A.S.

EFFITECO is not responsible for any damage or loss derived from incorrect, inverted and / or incongruous information submitted by the User Kaptar or its attendant, when applicable. This includes, for example, access to products or services not suitable for minors.

In the event that clause 2.5 is not respected (Prohibition of Negotiation of Kaptar Points: The negotiation or alienation by the Kaptar User or his attendant, where applicable, of the Kaptar Points and / or the benefits offered by the Kaptar Kaptar System.), Such act will immediately result in the expulsion of the Kaptar User from the Kaptar System, as well as the respective Kaptar Points will be eliminated, independently of being responsible to indemnify EFFITECO S.A.S. from the damages caused.

In the event that damages to EFFITECO are caused, according to the prohibition and / or alienation mentioned in clause 2.5, the User Kaptar will be responsible to indemnify EFFITECO from all damages or damages caused.

EFFITECO SAS reserves the right to remove a Kaptar User from the Kaptar System and cancel the Kaptar Points obtained, regardless of whether any legal action is taken, at the time of illegal or unlawful conduct. Disposed in this Regulation, falsehood or acts of bad faith made by the User Kaptar, in the use or obtainment of benefits through the Kaptar Platform, thus being able to prevent its subsequent return, without any type of compensation.

Technical Specifications, quality and warranty of the products and / or services delivered by the Allies, are the responsibility of the respective manufacturers or operators, as well as eventual deliveries, assemblies and / or product installations.

EFFITECO will not be responsible for the programs of relationship and / or commercial incentives provided by the Allies, nor for the collection and processing of the data delivered directly to our Allies, as a reason for joining the Kaptar User to the Allied Programs.

General disposition

Allies of the Kaptar System: EFFITECO S.A.S reserves the right, at any time, independently of the prior approval of the Kaptar Users, to include, exclude or modify the participation of Allies in the Kaptar System.

Alteration of the Regulations of the Kaptar System: This Regulation may be altered, in whole or in part, at any time, at the discretion of EFFITECO SAS, by means of prior communication to the Kaptar Users, by means of registration of a competent Public Organ Alteration Instrument .

Omission: Any and all situations not foreseen in this Regulation, such as eventual cases of omission, will be decided by EFFITECO S.A.S.

Validity of the Regulation: These Regulations are duly registered through the Office of Registration of Titles and Documents of the City of Sao Paulo, and will remain valid indeterminately until replaced, at the discretion of EFFITECO SAS, by a new Regulation to be duly registered.

Tolerance: Any omission, concession or tolerance by EFFITECO, when complying with the provisions contained in these Regulations, will not constitute a waiver, inefficiency or novation of obligation, nor will it affect EFFITECO S.A.S.’s right to demand compliance with Terms and Conditions set out in these Regulations. Any and all waiver, acknowledgment of ineffectiveness or novation of obligation, will be valid if it is done in writing and duly signed by the legal representative of EFFITECO S.A.S.

Fortuitous and Force Majeure Case: EFFITECO S.A.S will not be considered in default or breach of any of its obligations under this Regulation, if the reason for its non-compliance is derived due to unforeseen circumstances or Force Majeure.

Independence of the Provisions: All the terms, conditions and provisions of these Regulations are independent, provided that any of its terms, conditions or provisions are considered, by a competent judge to be invalid, unusable or illegal, in whole or in any way, the validity and viability of the other terms, conditions and dispositions, or of parts thereof, will not be affected.

 

Kaptar System Management: The Kaptar System, which is autonomously managed, independent and exclusive criteria of EFFITECO S.A.S, may be suspended or modified, at any time, by prior communication to the Kaptar Users. In this scenario, EFFITECO S.A.S reserves the right to cancel Kaptar Points accrued by Kaptar Users, without anything being due to them due to such cancellation.

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