General terms and conditions of the business

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, SA, a company organized and existing in accordance with the laws of the Republic of Panama, hereinafter referred to as ATTENZA.

Please read these Terms and 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 Terms and Conditions and our Data Protection Policies. If you do not agree to all of the Terms and Conditions and the Data Protection Policies, you should not use this website. If you have any questions regarding the Terms and Conditions or the Data Protection Policies, you can contact us using our contact form. The contract may be concluded, at your option, in any of the languages ​​in which the Terms and Conditions are available on this website.

ATTENZA reserves the right, at its sole discretion, to change, modify, or remove these Terms and Conditions, in whole or in part, 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, and other aspects.

It is the responsibility of each user to regularly review the Terms and Conditions and Data Protection Policies to stay informed of any changes or modifications. Continued use of our products and services through access to our Website signifies the user's agreement to the terms of use as modified or added at that time. As long as the user complies with these terms of use, ATTENZA grants them exclusive, non-transferable, and limited use of the Website.
In the event that any clause of these terms of use is declared null and void, the other clauses will remain in force and will be interpreted taking into account the will of the parties and the very purpose of these terms of use.

2. CONDITION OF THE UNDERSIGNED
Through the Website, ATTENZA provides information about its products and services and offers or will offer its SUBSCRIBERS the possibility of contracting and/or booking them. Due to the content and purpose of the Website, individuals who wish to benefit from these services must have the status of "SUBSCRIBER," which they acquire by completing the registration form and following the steps that ATTENZA will communicate to them via email for this purpose. Subscription status implies acceptance of the terms and conditions in the version published at the time of accessing the Website.

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 bound by the terms and conditions contained in these terms of use, to the extent that they may apply to them.

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

3. INTELLECTUAL PROPERTY
ATTENZA has all rights to the content, design and source code of the Website and, in particular, including 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.

Furthermore, 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, or any of its contents, is expressly prohibited, even through a hyperlink, without the prior express written permission of ATTENZA.

Likewise, the copying, reproduction, adaptation, modification, distribution, commercialization, public communication and/or any other action that constitutes an infringement of current Panamanian and/or international legislation on intellectual and/or industrial property is strictly prohibited, as well as the use of the Website content without the prior express written authorization of ATTENZA.

ATTENZA informs that simply accessing and consulting the Website does not grant any license, authorization or implicit right over intellectual and/or industrial property rights or over any other right or property related, directly or indirectly, to the content included on the Website.

Similarly, the trademarks, trade names, slogans, logos, and service marks (collectively referred to as the "Marks") and other intellectual property rights appearing on the Website are registered by ATTENZA or the respective owners of the Marks and are the property of each of them, respectively. Nothing contained on this Website should be construed as granting any license or right to use any Mark without the prior written permission of ATTENZA or the owner of the third-party Mark that is intended to be used. The use, reproduction, copying, modification, distribution, disclosure, sale, public display by any means, or communication, in whole or in part, of the intellectual property contained on the Website is prohibited without the prior written authorization of ATTENZA or the respective owners of the Marks. In the event of unauthorized use of intellectual property rights by the user, the user will indemnify and be liable for all damages and losses and will cancel all rights to which it may be entitled, to ATTENZA or the owners of the trademarks, as well as being subject to civil, criminal and other legal actions that may be appropriate.

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

4. ACCESS TO OUR CONTENT
Users are fully responsible for their conduct when accessing information on the Website, while browsing it, and after accessing it.

As a consequence of the above, 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 created 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 impair the Website, the reputation of ATTENZA and/or the products and services that 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 content when it deems appropriate, as well as to remove, limit or prevent access to it, temporarily or permanently, and to deny access to the Website to SUBSCRIBERS AND USERS who misuse the content and/or fail to comply with any of the Terms and Conditions that appear in this document.

ATTENZA informs that it does not guarantee:

  • that access to the Website and/or linked pages is uninterrupted or error-free;
  • that the content or software that SUBSCRIBERS AND USERS access through the internet or the Website of the linked pages does not contain any errors, computer viruses or other elements in the content that may produce 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 linked pages for their personal purposes.


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

5. RESPONSIBILITY
ATTENZA assumes no liability whatsoever arising from, including but not limited to:

  • Regarding the use that SUBSCRIBERS or USERS may make of the materials on this Website or linked pages, whether prohibited or permitted, in violation of the intellectual and/or industrial property rights of the Website content or of third parties.
  • From any damages and losses to Subscribers or Users caused by normal or abnormal functioning of the search tools, the organization or location of the content and/or access to the Website and, in general, from errors or problems that arise in the development or implementation of the technical elements that the Website or a program provides to the User.
  • Regarding the content 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 through a contractual means.
  • Regarding access by minors to the content included on the Website, it is the responsibility of their parents or guardians to exercise adequate control over the activity of their children or minors in their care, or to install one of the Internet use control tools in order to prevent (i) access to materials or content unsuitable for minors, as well as (ii) the sending of personal data without the prior authorization of their parents or guardians.
  • The website will not be responsible for communications or dialogues during debates, forums, chats and virtual communities organized through or around the Website and/or linked pages, and therefore will not be liable for any damages suffered by individual and/or collective subscribers or Users as a result of such communications and/or dialogues.
  • ATTENZA will not be liable 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 receiving the order confirmation by the recipients or any anomaly that may arise when these incidents are due to problems in the Internet network, causes of fortuitous event or force majeure and any other unforeseeable contingency beyond the control of ATTENZA.
  • Failures or incidents that may occur in communications, deletion or incomplete transmissions, so it is not guaranteed that the Website services will be constantly operational.
  • From errors or damages caused to the Website by inefficient and bad faith use of the service by the Subscriber.
  • Due to the non-operation or problems in the email address provided by the Subscriber and/or User for sending the order confirmation.


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

ATTENZA also reserves the right to conduct promotional campaigns at defined intervals to encourage new members to register for its service. ATTENZA reserves the right to modify the terms and conditions of these promotions, extend them with due notice, or exclude any participant from the promotion should any anomaly, abuse, or unethical behavior be detected in their participation.

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

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

B. SOURCE OF INCOME
By conducting transactions on the Website, the USER declares under oath that their income derives from lawful activities, that they are not listed on any national or international anti-money laundering watch lists, that they are not involved in either of the two categories of money laundering (conversion or movement), and that, consequently, they agree to be liable to ATTENZA, its subsidiaries, and affiliated companies for any damages that may arise as a result of this declaration. They will be liable to third parties in the same manner. The USER also declares that their conduct complies with the law and ethical standards and, consequently, agrees to implement measures to prevent their transactions from being used, with or without their consent and knowledge, as instruments for the concealment, handling, investment, or exploitation in any way of money or other assets derived from criminal activities, or to give the appearance of legality to such activities. Similarly, it undertakes to act within the legal framework in force in the countries in which it operates, complying with all procedures, formalities and obligations contemplated in the Law and other relevant regulations, and that any evidence that these principles are not met or may be in question will be sufficient cause to terminate, at the discretion of the compliant Party, the Contract resulting from its transaction.