General Business Terms and Conditions

A. LEGAL NOTICE


1. GENERAL
This document, together with the documents mentioned herein, establishes the terms and conditions of use (hereinafter, the "Conditions") of the website www.attenza.net (hereinafter, the "Website").

The Website belongs to MOTTA INTERNACIONAL, S.A., a company organized and existing under the laws of the Republic of Panama, hereinafter ATTENZA.

Please read these Conditions, our Cookie Policy, and our Privacy Policy (collectively, the "Data Usage Policies") carefully before using this website. By using this website or placing an order through it, you agree to be bound by these Conditions and our Data Protection Policies. If you do not agree with all the Conditions and Data Protection Policies, you should not use this website. If you have any questions related to the Conditions or Data Protection Policies, you can contact us through our contact form. The contract may be formalized, at your option, in any of the languages in which the Conditions are available on this website.

ATTENZA reserves the right, at its sole discretion, to change, modify, or remove all or part of the Conditions at any time. ATTENZA may, at any time and without prior notice, modify the terms and conditions, policies or notices, content, information, configuration, services, products, quantities, among others.

It is the responsibility of each user to constantly check and consult the Conditions and Data Protection Policies in order to be aware of such changes or modifications. Continuous use of our products and services by accessing our Website signifies that the user agrees to the modified or added terms of use at that time. As long as the user complies with these terms of use, ATTENZA grants them an exclusive, non-transferable, and limited right to use the Website.
In the event that any clause of these terms of use is declared null, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the purpose of these terms of use.

2. SUBSCRIBER STATUS
Through the Website, ATTENZA provides information about its products and services and offers or will offer its SUBSCRIBERS the possibility of contracting and/or reserving them. Due to the content and purpose of the Website, people who wish to benefit from these services must have the status of "SUBSCRIBER," which they acquire by filling out the registration form and following the steps that ATTENZA will communicate to them by email for these purposes. The SUBSCRIBER status implies adherence to the conditions in the version published at the time the Website is accessed.

In any case, there are pages of the Website accessible to individuals or legal entities who do not register or initiate a product reservation (hereinafter, "USERS"). In this regard, USERS who access these parts of the Website agree to be subject to the terms and conditions set forth in these terms of use, to the extent that they may be applicable to them.

ATTENZA hereby informs its SUBSCRIBERS and USERS that the content and use of its Website are reserved and directed solely and exclusively to an audience over eighteen (18) years of age.

3. INTELLECTUAL PROPERTY
ATTENZA owns all rights to the content, design, and source code of the Website and, in particular, by way of example, but not limited to, the photographs, images, texts, logos, designs, trademarks, trade names, and data included therein.

These rights are protected by current Panamanian and international legislation relating to intellectual and industrial property.

Likewise, and without prejudice to the foregoing, the content of this Website is also considered a computer program; and, therefore, all current Panamanian and international regulations on the matter also apply to it.

Total or partial reproduction of this Website, not even through a hyperlink, or of any of its contents, is expressly prohibited without the prior express written permission of ATTENZA.

Likewise, copying, reproducing, adapting, modifying, distributing, commercializing, publicly communicating, and/or any other action that entails an infringement of current Panamanian and/or international legislation on intellectual and/or industrial property, as well as the use of the contents of the Website without the prior express written authorization of ATTENZA, is totally prohibited.

ATTENZA informs that the mere act of accessing and consulting the Website does not grant any implicit license, authorization, or right over intellectual and/or industrial property rights or any other related right or property, directly or indirectly, with the contents included on the Website.

Likewise, the trademarks, names, signs, and trade slogans, logos, and service marks (collectively, the "Marks") and other intellectual property rights appearing on the Website are registered by ATTENZA or by the owners of the respective marks and are the property of each of them respectively. Nothing contained on this website should be interpreted as granting any license or right to use any mark without the prior written permission of ATTENZA or of the possible third-party mark to be used. The use, reproduction, copying, modification, distribution, disclosure, sale, public display by any means, total or partial communication of the intellectual property contained on the website is prohibited without the prior written authorization of ATTENZA or the owners of the respective marks. In case of unauthorized use of intellectual property rights by the user, the user will indemnify and be responsible for all damages and will pay all applicable rights to ATTENZA or the owners of the marks, as well as being subject to civil, criminal, and other legal actions that may apply.

Furthermore, all graphics, trademarks, names, signs, and trade slogans, logos, photographs, advertising, designs, voices, videos, texts, recordings, plans, creations, reports, and other information contained on the website belong to ATTENZA or to third parties who authorized ATTENZA to exploit and use them.

4. ACCESS TO OUR CONTENT
Users are entirely responsible for their conduct when accessing the information on the Website, while browsing it, as well as after having accessed it.

As a consequence of the foregoing, users are solely responsible to ATTENZA and to third parties for:

  • the consequences that may arise from the use, for illicit purposes or effects or contrary to these terms of use, of any content of the Website, whether or not prepared by ATTENZA, whether or not officially published under its name;
  • as well as the consequences that may arise from the use contrary to the content of these Terms of Use and harmful to the interests or rights of third parties, or that in any way may damage, disable, or deteriorate the Website, the reputation of ATTENZA and/or the products and services it offers on the Website or its services, or prevent the normal enjoyment by other Subscribers and/or Users.

ATTENZA reserves the right to update the contents when it deems it appropriate, as well as to delete, limit, or prevent access to them, temporarily or permanently, as well as to deny access to the Website to SUBSCRIBERS AND USERS who misuse the contents and/or fail to comply with any of the T&Cs that appear in this document.

ATTENZA informs that it does not guarantee:

  • that access to the Website and/or to the link pages will be uninterrupted or error-free;
  • that the content or software that SUBSCRIBERS AND USERS access through the internet or the Website of the link pages does not contain any errors, computer viruses, or other elements in the contents that may cause alterations in their system or in the electronic documents and files stored in their computer system or cause other types of damage;
  • the use that SUBSCRIBERS AND USERS may make of the information or content of this Website or link pages for their personal purposes.


The information contained in this Website should be considered by SUBSCRIBERS AND USERS as informative and guiding, both in relation to its purpose and its effects, which is why ATTENZA does not guarantee the accuracy of the information contained in this Website and therefore assumes no responsibility for any possible damages or inconveniences to SUBSCRIBERS AND USERS that may arise from any inaccuracy present on the Website.

5. LIABILITY
ATTENZA assumes no liability arising, by way of example, but not limited to:

  • From the use that SUBSCRIBERS or USERS may make of the materials on this Website or link pages, whether prohibited or permitted, in infringement of the intellectual and/or industrial property rights of the contents of the Website or of third parties.
  • From any damages to Subscribers or Users caused by normal or abnormal operation of the search tools, the organization or location of the contents and/or access to the Website and, in general, from errors or problems generated in the development or implementation of the technical elements that the Website or a program provides to the User.
  • From the contents of those pages that Subscribers or Users may access from links included on the Website, whether authorized or not.
  • From the acts or omissions of third parties, regardless of whether these third parties may be linked to ATTENZA by contract.
  • From the access of minors to the contents included on the Website, it being the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors under their care or to install one of the internet use control tools in order to prevent (i) access to unsuitable materials or content for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
  • From communications or dialogues during debates, forums, chats, and virtual communities organized through or around the Website and/or link pages, and therefore will not be responsible for any damages suffered by particular and/or collective subscribers or Users as a result of such communications and/or dialogues.
  • ATTENZA will not be responsible in any case when the following occur:
  • Errors or delays in accessing the Website by the Subscriber when entering their data in the order form, the slowness or impossibility of recipients receiving the order confirmation, or any anomaly that may arise when these incidents are due to problems in the Internet network, fortuitous events or force majeure, and any other unforeseeable contingency beyond ATTENZA's good faith.
  • Failures or incidents that may occur in communications, deletion, or incomplete transmissions, so that the services of the Website are not guaranteed to be constantly operational.
  • Errors or damages caused to the Website by inefficient and bad faith use of the service by the Subscriber.
  • Non-operability or problems with the email address provided by the Subscriber and/or User for sending the order confirmation.


In any case, ATTENZA undertakes to solve any problems that may arise and to offer all necessary support to the SUBSCRIBER and/or USER to reach a quick and satisfactory solution to the incident.

Likewise, ATTENZA has the right to carry out promotional campaigns for defined time intervals to promote the registration of new members to its service. ATTENZA reserves the right to modify the conditions of application of the promotions, extend them by duly communicating it, or proceed to the exclusion of any of the participants of the promotion in the event of detecting any anomaly, abuse, or unethical behavior in their participation.

6. APPLICABLE LAW
All terms and conditions, policies, and communications shall be governed by and construed in accordance with Panamanian laws, without giving effect to any principles of conflict of laws. The user submits to the exclusive jurisdiction of Panama in relation to disputes arising with respect to the website or any of the terms and conditions, policies, and notices or any related matter.

Any dispute related to these terms of use, as well as the interpretation and execution of said agreement, shall be governed by and interpreted in accordance with the rules of the Conciliation and Arbitration Center of the Chamber of Commerce, Industries, and Agriculture of Panama.

B. ORIGIN OF INCOME
By making transactions on the Website, the USER declares under oath that their income comes from lawful activities, that they are not negatively registered in national or international anti-money laundering lists, that they do not fall into one of the two categories of money laundering (conversion or movement), and that, consequently, they undertake to be liable to ATTENZA, its subsidiaries, and affiliated companies, for all damages that may be caused as a result of this statement. They will also be liable to third parties. They also declare that their conduct complies with the law and ethics and, consequently, undertake to implement measures to prevent their operations from being used, with or without their consent and knowledge, as instruments for the concealment, management, investment, or use in any way of money or other assets derived from criminal activities, or to give the appearance of legality to these activities. In the same vein, they commit to acting within the current legal framework in the countries in which they operate, complying with all procedures, formalities, and obligations set forth in the Law and other relevant regulations, and that any evidence that these principles are not met or may be questioned will be sufficient cause to terminate, at the discretion of the complying Party, the Contract resulting from their transaction.