CAT® CREDITS TERMS AND CONDITIONS

Last updated February 2023

These Cat Credits Terms and Conditions (“Cat Credits Rules” or “Terms and Conditions”) govern the use of the electronic Cat Credits Certificates (“Cat Credits” or “Certificate”) received by Cat Customers (“Participating Customer”) that can be redeemed at the Cat Dealerships (“Participating Dealerships” or “Participating Dealer”).

BANCO CATERPILLAR S.A. (“Cat Financial”) issues each Certificate by email on behalf of the Program Owner and may modify and update these Terms and Conditions at any time and at its sole discretion.

If the Participating Customer does not agree to all these Terms and Conditions, he must not use Cat Credits. The use of the Certificates by the Participating Customer implies his consent to these Terms and Conditions.

The Participating Customer should use the Certificates in accordance with the Terms and Conditions set forth below and stated on each Certificate:

1. CAT CREDITS   

Cat Credits are electronics certificates or vouchers sent by Cat Financial related to a Program described in the relevant Certificate. The Certificates will include an amount of Cat Credits to be spend by the Participating Customer at the Participating Dealership, which is stated on each Certificate. Cat Credits expire on a certain date (the “Expiration Date”) outlined in the Certificates. The currency of the purchases made with the Cat Credits is Brazilian Reais (BRL). Participating Customer can redeem one or more Cat Credits Certificates in the same transaction. If the Cat Credits do not cover the total price of the product or service, the residual amount must be paid by the Participating Customer.

(a) Cat Credits may only be used to purchase parts, services (e.g., repairs, maintenance), rental and work tools at a Participating Dealership.

(b) Cat Credits may not to be used to:

• acquire new or used Cat machines or equipment.
• acquire items for personal, family or household use.
• settle existing current account receivables of the Participating Dealer. 
• satisfying balances on any indebtedness held by Participating Customers with any entity of the Caterpillar group, including Cat Financial or the Participating Dealer.

2. PARTICIPATING DEALERS  

The Participating Customer can only redeem the Cat Credits at the Participating Dealerships described in the following url: cat.com/cat-credits.

3. PARTICIPATING CUSTOMER

Participating Customers will not be charged any fee for receiving Cat Credits or redeeming Cat Credits at the Participating Dealerships.

Participating Customers might be required to confirm their identity with required legal documents and may be subjected to KYC (Know Your Customer)  procedures required in Brazil.

If the Participating Customer prefers to not receive anything related to the Cat Credits Certificates, the Participating Customer has the option to unsubscribe at any moment by clicking the relevant link included in the Certificate.

Participating Customers will have a set amount of time to spend the Cat Credits from the date of issuance which will expire on a certain date (the “Expiration Date”) outlined in the Certificates.

4. EXPIRY OF THE CAT CREDITS

Participating Customer can redeem Cat Credits on or before the end of the period of validity for that Certificate in accordance with these Terms and Conditions.  Expiration Dates on Cat Credits may vary. Once the Certificate has reached its Expiration Date, it can no longer be used, redeemed, or refunded.  The Expiration Date of Cat Credits cannot be extended.

5.  RESTRICTIONS

(a)     Cat Credits cannot be accepted by the Participating Dealer or Cat Financial if the Participating Dealer or Cat Financial cannot lawfully do business with the Participating Customer.

(b)     Cat Credits will not be issued to any government agency, governmental authority, government official or politically exposed person.

(c)     The Participating Dealer could reject a Certificate that has been tampered with or found in any way unacceptable.

6. COMPLIANCE WITH THE TERMS AND CONDITIONS

6.1 Cat Financial is entitled to take any action it considers appropriate, including invalidating or removing Cat Credits from a Participating Customer or suspending or terminating the Cat Credits, if:

(a) Suspends or terminates Cat Credits Program.

(b) Detects any suspicious activity concerning any Participating Customer.

(c) Believes that any Participating Customer improperly or fraudulently dealt with or obtained or tried to claim or redeem Cat Credits, including any purchase, sale, offer to sell, giving away or other dealing with any Cat Credit other than in accordance with these Terms and Conditions. Cat Financial and Participating Dealer reserve the right to reject Cat Credits if fraud or unauthorized use is suspected.

(d) Believes that exists any misused or abused of the Cat Credits.

(e)  A Participating Customer has broken any of these Terms and Conditions.

6.2 In case of invalidating or removing Cat Credits from a Participating Customer or suspending or terminating the Cat Credits for any of the above reasons, the Participating Customer will lose the Cat Credits it has at that moment (including properly obtained). Cat Financial has the sole discretion to determine the Participating Customers compliance with these Terms and Conditions.

7. LIMITATIONS IN CAT CREDITS

Cat Credits are non-transferrable under any circumstances.

Cat Credits may not be redeemed for cash or cash equivalents (such as gift card) under any circumstances.

Cat Credits cannot store any value or be reloaded with any value.

Cat Credits can only be earned, held, and redeemed as set out in these Terms and Conditions. Any other use, award, sale, exchange, or transfer of Cat Credits, or attempt to do so, is a serious breach of these Terms and Conditions.

8. UPDATES TO THESE TERMS AND CONDITIONS

These Terms and Conditions may be revised or replaced from time to time by Cat Financial and shall be binding on Participating Customers.

The Participating Customer understands and consents that (with or without notice) Cat Financial may, at its sole discretion, change, modify, cancel, or discontinue Cat Credits, in whole or in part, including any terms, rules, features, benefits, rewards, conditions of participation, the redemption policy, the expiration policy, or any other aspect of the Cat Credits at any time, even though changes may affect the Cat Credits.

If Cat Financial makes any changes to these Terms and Conditions, the Participating Customer will be notified by any reasonable means such as by posting the new terms on the website: cat.com/cat-credits.

Any changes will become effective immediately upon posting the updated Terms and Conditions and the Participating Customer is solely responsible for always remaining knowledgeable about and in compliance with these Terms and Conditions.

9. RESPONSIBILITY FOR LOSS OR DAMAGE

(a) Neither Cat Financial nor the Participating Dealers accept any responsibility or liability for lost, damaged, stolen Cat Credits certificates or any use of Cat Credits not in accordance with these Terms and Conditions.

(b) Neither Cat Financial nor the Participating Dealers shall not be liable for any direct or indirect loss of profits, business losses, lost data, property damage or special, indirect, consequential, or incidental losses or damages of any kind related to or arising out of or in connection with the use of Cat Credits. Cat Financial reserves all legal rights to recover damages or other compensation under these Terms and Conditions or as allowed by law.

10. PRIVACY

In connection with the Cat Credits Rules, Cat Financial collects, uses and discloses personal information of Participating Customer and other persons who uses Cat Credits in accordance with Caterpillar’s Global Data Privacy Statement (“Privacy Statement”), online at www.caterpillar.com/dataprivacy. The Privacy Statement describes how Caterpillar collects, processes and shares information that relates to an identified or identifiable individual (“Personal Information”) and rights that individuals might have under applicable data privacy laws. Caterpillar also publishes its Data Governance Statement (www.cat.com/data_governance_statement) covering other matters relating to equipment or data collected by Caterpillar. You agree to any of the relevant data sharing contemplated in these statements, when you use the Cat Credits.

11. MISCELLANEOUS

(a) Upon termination of Cat Credits, for any reason, all rights granted under these Terms and Conditions shall end; however, these Terms will continue to apply to the prior Cat Credits and anything relating to or arising from its use.

(b) These Terms and Conditions govern the use of the Cat Credits of the Participating Customer only and are not intended to be relied upon by any third party.

(c) Cat Financial may transfer its rights and obligations under these Terms and Conditions to another organization or entity, but this will not affect the Participating Customer rights or any obligations under these Terms and Conditions. Participating Customer may only transfer rights or obligations under these Terms and Conditions to another person only if Cat Financial agrees in writing at its sole discretion.

12. APPLICABLE LAW

These Terms and Conditions is governed and interpreted pursuant the laws of Brazil, including in connection with any disputes relating to its existence or validity. The Participating Customer irrevocably consents to the exclusive jurisdiction of the Central Forum of São Paulo, Brazil, for purposes of any legal action arising out of or related to these Terms and Conditions or the use of Cat Credits.

13. HOW TO CONTACT US

For questions regarding Cat Credits, please call Atendimento ao Cliente: (55 11) 2109-2213 (Opção 3) or contact us by email: atendimento@cat.com. For complaints and questions not solved by Atendimento ao Cliente, please call Ouvidoria: 0800 722 7237 or contact by email: ouvidoria@cat.com.