Terms of Use

Summary

These terms constitute a binding agreement. Please read this Agreement carefully before you use Cafu. By using our site and/or mobile application you agree to be bound by everything in this Agreement and to the collection and use of the information set forth in the Cafu Privacy Policy, if you are a registered user of our Services. If you do not agree, please do not use Cafu.

Contractual Relationship

This is a contract (“Agreement”) between you and Cafu. Cafu is a company wholly owned by Mena Energy DMCC.. Cafu (“Cafu,” “we,” or “us”), applicable when you use or access the site, services and mobile application by Cafu, in existence now or in the future (“Cafu Services,” “Cafu,” or “Services”). In this Agreement, the words “including” and “include” mean “including, but not limited to.” Your access and use of the Services constitute your consent to be bound by this Agreement, which establishes a contractual relationship between you and Cafu. If you do not agree to any of the terms of this Agreement, you may not access or use the Services. This Agreement expressly supersedes any prior agreements or arrangements with you. Cafu may immediately terminate these Terms or any Services with respect to you, or generally cease offering or deny access to the Services or any portion thereof, at any time for any reason. Supplemental Terms may apply to certain Services, such as policies for a particular event, activity or promotion, and such supplemental terms will be disclosed to you in connection with the applicable Services (“Supplemental Terms”). Supplemental Terms are in addition to, and shall be deemed a part of, the Agreement for the purposes of the applicable Services. Supplemental Terms shall prevail over this Agreement in the event of a conflict with respect to the applicable Services. Cafu may amend the terms related to the Services from time to time. Amendments will become effective upon the publication of an amended Agreement. From time to time, the Agreement may change. If/When this occurs, Cafu will notify you by revising the date at the top of the Agreement, and/or by providing you with an additional notice.

Your continued access or use of the Services after such posting or notification constitutes your consent to be bound by the amended Agreement. If you do not agree with the amended Agreement, please stop using the Services as the amended Agreement will apply starting the date of posting or notification of the amendment.

Summary

You must upload the Cafu app on your smart device, follow the steps instructions and provide all required information in order to create your account to allow Cafu to provide you Services. You must be 18 years of age or older and provide a certain amount of personal information to create an account. You hereby allow Cafu to collect your personal information and your precise geolocation. Cafu may send you informational and marketing text messages. You own your personal information and User Content, permitting Cafu to use your User Content. We own our company and intellectual property information. You alone are responsible for keeping your account secure. You may not have more than one account.

Services

The Services constitute a technology platform that enables users of Cafu’s applications or websites (each, an “Application”) to arrange and schedule logistics services, including delivery of fuel and other products and services. Unless otherwise agreed by Cafu in a separate written agreement with you, the Services are made available solely for your personal and noncommercial use.

User Eligibility & Accounts

In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to obtain an Account. You must upload the Cafu app on your smart device, follow the steps instructions and provide all required information in order to create your account to allow Cafu to provide you Services. Account registration requires you to submit to Cafu certain personal information, such as your name, address, mobile phone number, password, vehicle year, make, license plate, and model, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Cafu’s termination of this Agreement with you. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times. Unless otherwise permitted by Cafu in writing, you may only possess one Account.

Geolocation

You agree to allow Cafu to collect your precise geolocation. We collect this geolocation for the purpose of improving your user experience - such as reminding you to request a fill. You may disable your geolocation but be advised this may impact Services from Cafu to you. We will not disclose your geolocation to any third parties without your consent.

User Conduct

You may not authorize third parties to use your Account. You may not assign or otherwise transfer your Account to any other person or entity. You agree to comply with all applicable laws in the United Arab Emirates when using the Services, and you may only use the Services for lawful purposes. You will not use the Services to cause any nuisance, annoyance, inconvenience, or property damage, whether to Cafu or any other party. In certain Emirates and with certain fuel products, Cafu’s mobile refueling service may only be used when there is an emergency fuel need. In certain instances, you may be asked to provide proof of identity to access or use the Services, and you agree that you may be denied access to use of the Services if you refuse to provide proof of identity.

Network Access & Devices

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. Cafu does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

License

Subject to your compliance with this Agreement, Cafu grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to:

• access and use the Applications on your personal device solely in connection with your use of the Services; and
• access and use any content, information and related materials that may be made available through the Services, in each case solely for your personal and non-commercial use. Any rights not expressly granted herein are hereby reserved by Cafu and Cafu’s licensors.

 

Prohibited Activities

You may not:

• have more than one active Account;
• remove any copyright, trademark or other proprietary notices from any portion of the Services;
• reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by Cafu;
• decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law;
• link to, mirror or frame any portion of the Services;
• cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and functionality of any aspect of the Services; or
• attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

 

Third Party Services & Content

The Services may be made available or accessed in connection with third party services and content (including advertising) that Cafu does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. Cafu does not endorse such third-party services and content, and in no event shall Cafu be responsible or liable for any products or services of such third-party providers. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited will be a third-party beneficiary to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry-powered mobile devices, respectively. These third-party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service. You agree to comply with any applicable third-party terms when using the Services.

Ownership

The Services and all rights therein are and shall remain Cafu’s property or the property of Cafu’s licensors. Neither this Agreement nor your use of the Services convey or grant to you any rights:

• in or related to the Services except for the limited license granted above; or
• to use or reference in any manner Cafu’s company names, logos, product and service names, trademarks or services marks or those of Cafu’s licensors.

Text Messaging

You agree to allow Cafu to send you informational text (SMS) messages. We send you messages for the purpose of delivering the service and improving your customer experience - for example, if we need to contact you if we are not able to locate your vehicle. You can opt out of receiving the text messages by replying “STOP” after any text message received, but be advised this may impact Services from Cafu to you.

 

Referral Program & Promotional Codes

Cafu may, in Cafu’s sole discretion, create referral and/or promotional codes (“Promo Codes”) that may be redeemed for Account credit, or other features or benefits related to the Services and, subject to any additional terms that Cafu establishes on a per promotional code basis. You agree that Promo Codes:

• must be used for the intended audience and purpose, and in a lawful manner;
• may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Cafu;
• may only be used for new customers and Accounts, unless expressly permitted by Cafu;
• may be disabled by Cafu at any time for any reason without liability to Cafu;
• may only be used pursuant to the specific terms that Cafu establishes for such Promo Code;
• are not valid for cash; and
• may expire prior to your use.

 

Cafu reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Cafu determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or this Agreement.

 

User Provided Content

Cafu may, in Cafu’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to Cafu through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. By providing User Content to Cafu, however, you grant Cafu a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, use, copy, modify, create derivative works, distribute, publicly display, publicly perform, and otherwise utilize in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and Cafu’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity. You represent and warrant that:

• you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant Cafu the license to the User Content as set forth above; and
• neither the User Content nor your submission, uploading, publishing or otherwise making available of such User Content nor Cafu’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree to not provide User Content that is defamatory, libellous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by Cafu in its sole discretion, whether or not such material may be protected by law. Cafu may, but shall not be obligated to, review, monitor, or remove User Content, at Cafu’s sole discretion and at any time and for any reason, without notice to you.

 

Beta Services

Cafu sometimes releases products and features that we are still testing and evaluating (“Beta Services”). Cafu will inform you of any Beta Services that may become available by identifying them as “beta”, “preview”, “early access”, or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Cafu's other services, so please keep that in mind.

Summary

You are responsible for all fees associated with your use of Cafu’s Services. We are responsible for communicating those fees to you clearly and accurately. You agree to receive a receipt via email or text or through the Cafu App itself. If a modification or cancellation of Services is necessary, Cafu will notify you of this. You are under no obligation to tip your driver for Services, though we would appreciate it you provided feedback about your experience.

Charges

You understand that use of the Services may result in charges to you for the services or goods you receive from Cafu (“Charges”). Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Cafu. All Charges are due immediately and payment will be facilitated by Cafu using the preferred payment method designated in your Account. If your primary Account payment method is determined to be expired, invalid, or otherwise not able to be charged, you agree that Cafu may use the secondary payment method from your Account, if available. You agree that Cafu will send you a receipt by email or text message, and/or through the application. This electronic receipt is sufficient for all purposes, including any specific requirements under applicable law. If you prefer to receive a paper receipt, please contact support@Cafu.com within 30 days of each fill, to request a physical receipt which will be mailed to you at our earliest convenience.

Modifications & Cancellations

Cafu, at its sole discretion, reserves the right to create, modify, and remove Charges for any or all services or goods obtained through the use of the Services. Cafu may from time to time provide certain users with Promo Codes and discounts that may result in different amounts charged for the same or similar services or goods obtained through the use of the Services. You agree that such Promo Codes and discounts, unless also made available to you, shall have no bearing on your use of the Services or the Charges applied to you. You may elect to cancel your request for Services at any time prior to provision of the Services, in which case you may be charged a cancellation fee.
Cafu may, at its sole discretion, elect to not fill a requested vehicle if Cafu deems it unsafe to do so, or if fueling the vehicle would violate an applicable law, code, standard, or procedure. In such an event, the request may be cancelled by Cafu, or the customer may be notified and asked to move their vehicle to a safe filling area. If the request is cancelled by Cafu, no payment will be charged. The Account holder will be notified.

Gratuities

Gratuities are voluntary. You understand and agree that, while you are free to provide additional payment as a gratuity to any driver who provides you with services or goods obtained through the Services, you are under no obligation to do so. After your Services have been completed, we would appreciate that you rate and leave additional feedback about your experience, but you are under no obligation to do so.

Summary

We will not be liable for damages or losses arising from your use or inability to use the Services, or otherwise arising under this Agreement. Please read this section carefully as it limits our obligations to you.

DISCLAIMERS

YOU USE THE CAFU SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” CAFU DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, CAFU MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CAFU DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OF FUELS PROVIDED TO YOU. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

Operations

Ordering Fuel

Cafu reserves the right to deliver fuel to the areas specified by us. Your order will not always be prioritized and will be assigned to a list. Cafu do not commit to a certain time period to fulfil orders. Cafu will maintain to best effort to provide the purest grades of fuel for super and special. We do not commit to fulfilling a specific order based on various reasons. Cafu reserves the right to reject an order.

Fuel Delivery

You agree that there could be a variation in quantity ordered and quantity supplied. You will always be billed based on the quantity supplied.
Cafu will not be liable for any damage to your vehicle outside of the insurance scope.
Cafu's employees reserve the right to contact you through various channels during the order process.
Cafu will not commit to the accuracy of the location provided by you.
Cafu reserves the right to charge delivery charge if your vehicle is not accessible.
Cafu reserves the right not to fill a customer if vehicle details are incorrect and Cafu will reserve the right charge delivery cost.
Cafu reserves the right to not deliver if truck equipment is faulty.
If wrong type of fuel is filled, Cafu will compensate you for fuel amount value.
Cafu reserves the right to fill a smaller quantity then what is ordered by you if your vehicle tank capacity is lower than quantity ordered.

Complete Order

Cafu reserves the right to send an invoice and collect the payment for a product and service for up to 14 days after delivery has taken place.

Promotions

We reserve the right to cancel or modify a promotion at any time.

Prices

We reserve the right to cancel or modify a price at any time of the product or service. The price of fuel is exactly the same as the UAE retail price set by the Ministry of Energy.

Cancellation

If you cancel a now order ten minutes or more after ordering, Cafu will reserve the right to charge you a cancellation charge up to the delivery charge amount.
If you cancel a scheduled or recurrent order two hours or less before delivery, Cafu will reserve the right to charge you a cancellation charge up to the delivery charge amount.
In case of multiple cars when cancelling an order the entire order would be cancelled for all the cars within that order and Cafu reserves the right to charge you a cancellation charge up to the delivery charge amount applicable on each car. 
In case the cancellation is due to a reason from Cafu or Cafu driver, you will not be charged any amount.

Safety

Before any petrol delivery, it is the sole responsibility of Cafu's driver to ensure that all safety measures are in place and there are no risks to safety. This control must be constant to prevent dangerous situations from arising. 
To achieve this, CAFU request that you:

• Agree to abide by all safety instruction as indicated by the Cafu driver;
• Ensure that the vehicle to be refueled is parked and the engine switched off;
• Do not enter a designated exclusion zone as indicated by the Cafu driver (the "Designated Exclusion Zone");
• Make no attempt to operate or handle any of the equipment being used either to deliver the fuel, or provide a safe environment for the process;
• Do not smoke within the Designated Exclusion Zone;
• Do not use a mobile phone or other electronic device within the Designated Exclusion Zone;
• Ensure children are kept under control and do not interfere with equipment or distract the Cafu driver during the refueling process;
• Agree not to attempt to enter or exit the vehicle during the refueling delivery to avoid the potential for any build-up of static electricity during the refueling process;
• Do not interfere in the driver operations in any way as Cafu will reserve the right to lodge a formal complaint.
• Be respectful to our employees.
• Cafu reserves the right to charge delivery charge if your vehicle is not accessible/refueled due to non-compliance to safety requirements.

 

LIMITATION OF LIABILITY

CAFU SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF CAFU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CAFU SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES. CAFU SHALL NOT BE LIABLE FOR DELAY, FAILURE IN PERFORMANCE, OR OTHER INJURIES RESULTING FROM CAUSES BEYOND CAFU’S REASONABLE CONTROL. FURTHERMORE, CAFU IS NOT LIABLE FOR ANY OTHER INTANGIBLE LOSSES RESULTING FROM:

• THE USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO USE THE SERVICE;
• THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE;
• UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR ACCOUNT OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR
• ANY OTHER MATTER RELATING TO CAFU SERVICES.

 

CAFU ALSO ASSUMES NO LIABILITY OR RESPONSIBILITY FOR A DELAY, FAILURE IN PERFORMANCE, ANY BUGS, VIRUSES, TROJAN HORSES OR THE LIKE THAT BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY AND/OR ANY USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY OTHER INJURY RESULTING FROM CAUSES BEYOND CAFU’S REASONABLE CONTROL.
THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

Summary

You are responsible for your use of the Services.

Indemnification

You are responsible for your use of the Services, and you will indemnify and hold Cafu and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents (together, the “Cafu Entities”) from and against any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in any way connected with:

• your access to, use of, or alleged use of, the Services or services or goods obtained through your use of the Services;
• your breach or violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
• Cafu’s use of your User Content;
• your violation of the rights of any third party, including any intellectual property right or publicity, confidentiality, other property, or privacy, right; or
• any dispute or issue between you and any third party.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of that claim.

 

You hereby consent to the collection and/or processing of your personal data by Cafu. Cafu is committed to protecting the personal data that Cafu receives from you, or otherwise processes, in the course of or in connection with the Services. Cafu will take commercially reasonable and appropriate technical and organizational measures to protect your personal data against unauthorized access, accidental loss or damage and unauthorized destruction. The security provided by Cafu shall be in accordance with good industry practices relating to protection of the types of data typically processed in the Services by Cafu customers. You shall act as the data controller in respect of any and all personal data contained in the account. Cafu shall act as the data processor in respect of any processing by it of personal data contained within the account on your behalf, and shall process such personal data in accordance with this Agreement. You hereby consent to the processing of your data by Cafu. You acknowledge and agree that Cafu may in connection with the Services engage third party sub-processors, who may be based in, or may process, access or have access to personal data in or from, jurisdictions outside the UAE. Cafu will execute written contracts with such sub-processors which impose on sub-processors data privacy and security terms and obligations materially equivalent to the terms and obligations hereof. 

Cafu agrees to comply and have adequate measures in place to ensure that its staff comply at all times with the provisions and obligations contained in local and international privacy laws that may apply including the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons (General Data Protection Regulation), if and where applicable.

Summary

You agree to binding arbitration which means that you waive your right to have a judge potentially hear your claim and instead agree to neutral third party, an arbitrator, hear both sides and decide upon the claim. You also waive your right to be in a class action suit. Please read this section carefully as it limits the manner in which you can seek relief from Cafu.

Process

You and Cafu ("Parties") agree that we will attempt in good faith to resolve any dispute or claim arising out of or in relation to this Agreement through negotiations between a director of each of the Parties with authority to settle the relevant dispute. If the dispute cannot be settled amicably within fourteen (14) days from the date on which either Party has served written notice on the other of the dispute then the remaining provisions of this arbitration clause shall apply.
Any dispute, conflict, claim or controversy arising out of or broadly in connection with or relating to the Cafu Platform, or this Agreement, including those relating to its validity, its construction or its enforceability (any “Dispute”) shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules' Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of arbitration shall be Dubai, UAE. The language of arbitration shall be English. The existence and content of the arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the arbitrator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the federal laws of the United Arab Emirates and the local laws as applicable in a specific Emirate where the Services are provided.

NO CLASS ACTION

YOU AND CAFU AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cafu agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Changes

If Cafu makes any future change to this arbitration provision, other than a change to Cafu’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to Cafu’s address for Notice, in which case your account with Cafu will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Survival

This arbitration clause shall survive the termination or expiry of this Agreement.

Notice

Cafu may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent by first class mail or pre-paid post to your address in your Account. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Cafu, with such notice deemed given when received by Cafu, at any time by first class mail or pre-paid post to Cafu, Inc., Attn: Legal, 1201 Howard Ave. #200, Burlingame, CA 94010.

Summary

Neither you nor Cafu may transfer your obligations under this Agreement to anyone else without written consent.

Provisions

You may not assign this Agreement without Cafu’s prior written approval. Cafu may assign these Terms without your consent to:

• a subsidiary or affiliate;
• an acquirer of Cafu’s equity, business or assets; or
• a successor by merger.

Any purported assignment in violation of this section shall be void. No joint venture, partnership, employment, or agency relationship exists between you, Cafu as a result of this Agreement or use of the Services. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Cafu’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cafu in writing.

Entire Agreement

This Agreement contains the entire agreement between you and Cafu regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Cafu account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Cafu in any manner.

Contacting Cafu

If you have any questions about these Terms of Service, the practices of Cafu, or your dealings with Cafu, you may contact us at legal@Cafu.com