Terms of use and legal information

Terms of use and legal information
Welcome to Panapanda.com! These Terms of Use describe the terms and conditions applicable to your access to and use of the www. Panapanda.com website (the "Site"). This document is a legally binding agreement between you as a user of the Site (hereinafter referred to as "you", "your" or "User") and the entity Panapanda.com listed in clause 2.1 below (here in after referred to as "we", "our" or "Panapanda.com").

1.    Application and Acceptance of Terms

1.1    The use of the Site and the services, software and products of Panapanda.com (hereinafter and jointly, the "Services") is subject to the terms and conditions contained in this document, as well as in the Privacy and Cookie Policy and any other regulations and policies of the Site that may be published by Panapanda.com on a timely basis and that do not imply the payment of any amount by the User. This document and such other regulations and policies of the Site are collectively referred to as the "Terms". By accessing the Site or using the Services, you agree to accept and be bound by these Terms of Use. Please do not use the Services or the Site if you do not agree to all of the Terms.

1.2    You may not use the Services or accept the Terms if (a) you are not of legal age to enter into a binding agreement with Panapanda.com, or (b) you are not authorized to receive Services under the laws of Panama or other countries or regions, including the country or region in which you reside or from which you use the Services.

1.3    Panapanda.com may modify any of the Terms at any time by publishing the corresponding modification and the updated Terms on the Site. By continuing to use the Services or the Site, you agree that the modified Terms apply to you.

1.4    For any Service you may have to enter into a separate agreement, whether online or offline, with Panapanda.com or with companies with whom we have commercial agreements (hereinafter the "Additional Agreements"). In the event of a conflict or inconsistency between the Terms and an Additional Agreement, only the Additional Agreement on the Terms will prevail with respect to the Service in question.

1.5 The Terms may only be modified in writing by an authorized representative of Panapanda.com.

2.    Provision of Services

2.1    If you are a registered user of the Site, the contracting entity of Panapanda.com is the company BPO'S PANAMA FREE ZONE incorporated in Panama City with RUC 2204935-1-773951 DV 62 society incorporated according to the laws of the Republic of Panama, with domicile at Avenida Manuel F. Zarate, Calle Saint George, Brisas del Golf, Panama.

2.2    You must register as a member on the Site in order to access and use certain Services. In addition, Panapanda.com reserves the right, without prior notice, to restrict access to or use of certain Services (or any feature of the Services) to paid Users or subject to other conditions that Panapanda.com may impose at its sole discretion.
                              
2.3    The Services (or any feature in the Services) may vary according to different regions and countries. No warranty or representation is made that a Service or a particular feature or function thereof, or the same type and scope thereof, will always be available to Users. Panapanda.com may, in our sole discretion, limit, deny or create different levels of access to use any of the Services (or any feature thereof) with respect to different Users. In any event, the Services shall consist at all times, at least, in making available to users a platform on which they can buy and sell goods and services to other users. Additional services may supplement the above definition and be subject to different terms and conditions.

2.4    Panapanda.com may initiate, change, update, impose conditions on, suspend or stop the provision of any of the Services (or any feature of the Services) without notice, except that, in the case of a Paid Service, such change will not adversely affect to a large extent the enjoyment of such Service by Paid Users.

2.5    Some Services may be provided by companies with which Panapanda.com has commercial agreements.

3.    General users

3.1    As a condition of your access to and use of the Site or Services, you agree that you will comply with all applicable laws and regulations when using the Site or Services.

3.2    You agree to use the Site or Services only for your own private and internal purposes. You agree that you will not (a) copy, reproduce, download, republish, sell, distribute or resell any Service or any information, text, images, graphics, video clips, sound, directories, files, databases or listings, etc..,
(b) copy, reproduce, download, compile or otherwise use any content from the Site for the purpose of engaging in commercial activity that competes with Panapanda.com, nor commercially exploit the contents of the Site. Systematic retrieval of Site Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without the written permission of Panapanda.com is prohibited. You are prohibited from using any content or materials on the Site for any purpose not expressly permitted in the Terms.

3.3    You must read Panapanda.com's Privacy and Cookie Policy which regulates the protection and use of personal information about Users that is in Panapanda.com's possession.


3.4    Users may access content, products or services offered by third parties through hyperlinks (in the form of text links, advertisements, channels or otherwise), API interfaces or otherwise on the Website of such third parties. You are advised to read the terms and conditions or privacy policies of such websites before using the Site. You acknowledge that Panapanda.com has no control over, does not monitor, and is not responsible or liable for any such websites, or any content, products, or services available on such websites.

3.5    You agree not to take any action to compromise the integrity of the computer systems or networks of Panapanda.com or any other User, nor to obtain unauthorized access to such computer systems or networks.

3.7 By posting or displaying any information, content or material ("User Content") on the Site or by providing any User Content to Panapanda.com or our representative(s), and to the extent permitted by applicable law. You grant an irrevocable, perpetual, worldwide, royalty-free and sublicensable (through multiple levels) license to Panapanda.com to display, transmit, distribute, publish, reproduce, adapt, modify, translate, create derivative works or otherwise use all or part of the User Content in any form, medium or technology currently known or unknown, in any form and for any purpose that may be beneficial to the operation of the Site, the provision of any of the Services or the User's business activity. You confirm and guarantee to Panapanda.com that you have all the rights, faculties and authority necessary to grant the aforementioned license. Information that is protected by data protection laws will only be used and maintained in accordance with those laws.

4.    Member Accounts

4.1    You must be registered on the Site to access or use some of the Services (a registered User is also hereinafter referred to as "Member"). Except if approved by Panapanda.com, a User may only register one member account on the Site. Panapanda.com may cancel or suspend a User's member account if it has reason to suspect that the User has registered or controls two or more member accounts at the same time. In addition, Panapanda.com reserves the right to reject the application for registration of a User unilaterally and without any cause. Panapanda.com will contract external entities to carry out the due diligence of identity verification before confirming and activating the accounts of the users to be registered.

4.2    Once registered on the Site, Panapanda.com will assign an account and will provide, for each registered User, a member ID and a password (the latter will be chosen by the user during registration).

4.3    The Member ID and password set is unique to each account. The Member shall be solely responsible for maintaining the confidentiality and security of his/her Member ID and password, as well as all activities conducted on the account. No Member may share, assign, or permit the use of his or her Member account, ID, or password to another person outside of that Member's own business entity. The Member agrees to notify Panapanda.com immediately if he/she becomes aware of any unauthorized use of his/her password or account, or any other breach of the security of his/her account.

4.4    The Member agrees that all activities carried out through its account (including, but not limited to, posting any company or product information, clicking to accept Agreements or additional rules, signing up for or making any payment for any service, sending emails with the email account or sending SMS) are deemed to have been authorized by such Member.

4.5    The Member acknowledges that sharing his/her account with other persons or allowing multiple users outside his/her business entity to use his/her account (hereinafter and jointly, "multiple use") may cause irreparable damage to Panapanda.com or other Users of the Site. Member shall indemnify Panapanda.com, our affiliates, directors, employees, agents and representatives from any loss or damage (including, without limitation, loss of profits) they may suffer as a result of multiple use of their account. The Member also accepts that, in case of multiple use of his account or of not being able to maintain the security of the same, Panapanda.com will not be responsible for any loss or damage derived from such infraction and will have the right to suspend or cancel the account of the Member without responsibility in relation to the same if any of the previous circumstances take place.

5.    Responsibilities of Members

5.1    The Member acknowledges, warrants and agrees that (a) it has full authority to accept the Terms, grant the license and authorization and carry out the obligations set out below; (b) it uses the Site and Services solely for commercial purposes; and (c) the address it has provided during registration is the principal place of business of its business entity. For the purposes of this provision, a branch or a liaison office shall not be regarded as an independent entity and its principal place of business shall be its head office. The Member shall be required to provide information or material about its entity, company or products and services as part of the registration process on the Site or for the use of any Services or member account. Member acknowledges, warrants and agrees that (a) such information and materials, whether presented during the registration process or subsequently during use of the Site or the Service, are true, accurate, current and complete, and (b) will maintain and promptly correct all information and materials to keep them true, accurate, current and complete.

5.2    By becoming a Member, you authorize the inclusion of your contact information in our database of buyers and / or sellers, and authorize Panapanda.com and our subsidiaries to share contact information with other Users, when necessary for the provision of the Services, or otherwise use your personal information in accordance with the provisions of the Privacy Policy and cookies.

5.3    Member acknowledges, warrants and agrees that (a) it shall be solely responsible for obtaining all necessary licenses and permissions from third parties with respect to any User Content that it submits, posts or displays; (b) any User Content that it submits, posts or displays does not infringe or infringe any of the copyrights, patents, trademarks, trade names, trade secrets or any other personal or proprietary rights of third parties (the "Third Party Rights"); (c) you have the authority to sell, trade, distribute, export or offer for sale, trade, distribute or export the products or services described in the User Content and such sale, trade, distribution or export or offer does not violate any third party Rights; and (d) you and your affiliates are not subject to any trade restriction, sanction or other legal restriction imposed by any State, international organization or jurisdiction.

5.4    In addition, the Member acknowledges, warrants and agrees that User Content submitted, posted or displayed:

(a)    it shall be true, accurate, complete and lawful;

(b)    it shall not be false, misleading or deceptive;

c) not contain information that is defamatory, libelous, threatening or harassing, obscene, offensive, sexually explicit or harmful to minors;

(d)    not contain information that is discriminatory or promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age;

(e)    not contravene the policy of prohibited goods under the International Maritime Dangerous Goods Code, other Terms or any additional agreement applicable in this matter.;

(f)    violate any law or regulation (including, but not limited to, those governing export/import controls, consumer protection, unfair competition or misleading advertising), or promote any activity that may violate applicable laws and regulations;

g) not contain any direct or indirect link to any other Website that includes any content that may violate the Terms.

5.5    The Member further acknowledges, warrants and agrees that it undertakes:

a)    conduct its activities on the Site in accordance with applicable laws and regulations;

b)    conduct its business transactions with other users of the Site in good faith;

c)    carry out its activities in accordance with the Terms and any applicable Additional Agreement;

d)    not use the Services or the Site to defraud any person or entity (including, but not limited to, the sale of stolen goods or the use of stolen credit or debit cards);

(e) not impersonate any person or entity, nor misrepresent your identity or affiliation with any person or entity;

f) not send spam or phishing;

(g) not engage in any other illegal activity (including, but not limited to, activities that could constitute a criminal offence, give rise to civil liability, etc.) or encourage or instigate any illegal activity;

h) not get involved in attempts to copy, reproduce, exploit or expropriate the various directories, databases and listings owned by Panapanda.com;

(i) not to use any type of computer virus or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, or personal data or information;

j)    not imply any plan to undermine the integrity of data, systems or networks used by Panapanda.com or any user of the Site to obtain unauthorized access to such data, systems or networks;

k)    not to participate in any activity that could otherwise create any kind of responsibility to Panapanda.com or our affiliates.

5.6    The Member may not use the Services or the member account to participate in activities that are identical or similar to the commercial activity in the e-commerce sector of Panapanda.com.

5.7    If the Member provides a business contact person, the Member acknowledges, warrants and agrees that it has obtained all necessary authorizations, approvals and waivers from its business partners and associates to (a) act as your business contact person; (b) send and post your contact details and contact information, reference letters and comments on your behalf; and (c) that third parties may contact such business contact person to support any statements or claims made about you. You further warrant and agree that all reference letters and comments are true and accurate, and that third parties may communicate with business contact persons without obtaining their consent.

5.8    The Member agrees to provide all necessary information, materials and approval, and to provide all reasonable assistance and cooperation necessary for Panapanda.com to provide the Services, to evaluate whether the Member has breached the Terms or to handle any complaint against the Member. If Members' failure to comply with the foregoing results in delay, suspension or termination in the provision of any Service, Panapanda.com shall not be obligated to extend the relevant service period nor shall it be liable for any loss or damage arising from such delay, suspension or termination.

5.9    The Member acknowledges and accepts that Panapanda.com will not be obliged to actively monitor or exercise any type of editorial control over the content of any message or other material or information created, obtained or accessible through the Service or the Site. Panapanda.com does not endorse, verify or otherwise certify the content of any comments or other material or information provided by Members. The Member is solely responsible for the content of its communications and may be held legally responsible or liable for the content of its comments or other material or information.

5.10    The Member acknowledges and agrees that the Services may only be used by companies and their representatives for their commercial use and not for individual consumers or for personal use.

5.11    The Member acknowledges and agrees that the Member is solely responsible for compliance with applicable laws and regulations in their respective jurisdictions in order to ensure that use of the Site and the Services is carried out in accordance with those laws and regulations.

6.    Infringements by Members

6.1    Panapanda.com reserves the right, in its sole discretion, to remove, modify or reject any User Content that you submit, post or display on the Site that we reasonably believe is illegal, violates the Terms, could result in liability to Panapanda.com or our affiliates, or is otherwise deemed inappropriate in the opinion of Panapanda.com.

6.2    If a Member violates any of the Terms, or if Panapanda.com has reasonable grounds to believe that a Member has violated any of the Terms, Panapanda.com shall have the right to: take any disciplinary action it deems necessary, including without limitation: (i) suspend or cancel the account of the same and each and every user account that is determined to be related to it by Panapanda.com in its sole discretion; (ii) restrict, downgrade, suspend, or terminate your subscription to, access to, or current or future use of any Service; (iii) remove any product listings or other User Content that the Member has submitted, posted, or displayed, as well as impose restrictions on the number of product listings that the Member may post or display; (iv) impose other restrictions on the Member's use of any feature or function of any Service that Panapanda.com deems appropriate in its sole discretion; and (v) any other corrective, disciplinary or punitive measures that Panapanda.com may deem necessary or appropriate in its sole discretion.

6.3    Without limiting the generality of the provisions of the Terms, a Member is deemed to be in breach of the Terms in any of the following circumstances:

a)    upon the complaint or claim of a third party, if Panapanda.com has reasonable grounds to believe that such Member has not voluntarily or materially complied with the agreement with such third party, including, without limitation, if the Member has not delivered any item ordered by such third party after receipt of the purchase price or when the products that the Member has shipped do not materially comply with the terms and descriptions detailed in its agreement with such third party;

b)    if Panapanda.com has reasonable grounds to suspect that such Member has used a stolen credit card or other false or misleading information in any transaction with a counterparty;

c)    if Panapanda.com has reasonable grounds to suspect that any information provided by the Member is not current or complete, or is false, inaccurate or misleading; or

d)    if Panapanda.com believes that the actions of the Member may cause a financial loss or legal liability to Panapanda.com, our affiliates or other Users.

6.4    Panapanda.com reserves the right to cooperate fully with governmental authorities in the investigation of any alleged criminal or civil irregularity. In addition, to the extent permitted by applicable laws and policies, Panapanda.com may disclose the Member's contact information and/or information relating to the Member's account(s), transactions or activities conducted on or through the Site, at the request of a governmental or law enforcement agency, an injured third party, or as a result of a subpoena or other legal action, where disclosure of such information would be lawful under applicable law. Panapanda.com shall not be liable for any damages or results resulting from such disclosure, and the Member agrees not to bring any action or claim against Panapanda.com for such disclosure.

6.5    Panapanda.com, at any time and in our reasonable discretion, may impose limits, suspend or terminate the Member's use of any Service or the Site without being liable to the Member if Panapanda.com has received notice that the Member has breached any agreement or commitment with any affiliate of Panapanda.com and such breach involves or is reasonably suspected of involving dishonest or fraudulent activities. Panapanda.com shall not be obligated to investigate such breach or to request confirmation from the Member.

6.6    The Member agrees to indemnify Panapanda.com, our affiliates, directors, employees, agents and representatives, and to hold them harmless from and against any and all damages, losses, claims and liabilities (including legal costs under a full cost coverage formula) arising out of their submission, publication or display of any User Content, their use of the Site or Services or their breach of the Terms.

6.7    The Member further agrees that Panapanda.com is not responsible and shall have no liability to you or any other person for any User Content or other material transmitted through the Site, including fraudulent, false, misleading, inaccurate, defamatory, offensive or unlawful material and that the risk of damage to such material is the sole responsibility of the Member. Panapanda.com reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to exoneration by the Member, in which case the Member will cooperate with Panapanda.com to assert any available defense.

7.    Transactions between buyers and sellers

7.1    Through the Site, Panapanda.com offers web-based electronic platforms for the exchange of information between buyers and sellers of products and services. Panapanda.com also provides web- based electronic transaction platforms for Members to perform, accept, complete, manage and fulfill orders for the provision of products and services online within the Site, subject to the terms of the Transaction Services Agreement. However, Panapanda.com does not represent in any of the Services either the seller or the buyer in specific transactions. Panapanda.com does not control and is not responsible or liable for the quality, safety, legality or availability of products or Services offered for sale on the Site, the ability of sellers to make a sale or the ability of buyers to make a purchase.

7.2    Users are hereby informed that there may be risks in dealing with persons acting by fraudulent means. Panapanda.com uses various techniques to verify the accuracy of certain information provided by Paid Users when registering for a paid subscription service on the Site. However, the verification of users is carried out by entities contracted by Panapanda.com, in the event of inconsistencies that may exist with the data provided to Panapanda.com, the Site is not responsible for confirming the identity of the User (including, but not limited to, paying Members). We urge you to use various additional means and common sense to assess who you are dealing with.

7.3    The User acknowledges that it fully assumes the risks of carrying out any purchase and sale transactions in connection with the use of the Site or the Services, and that it fully assumes the risks of civil liability or damages of any kind in connection with subsequent activity of any kind relating to the products or services that are the subject of transaction through the Site. Such risks shall include, but not be limited to, false information about products and services, fraudulent actions, poor quality, non-compliance with specifications, defective or dangerous products, illegal products, delay or failure in delivery or payment, error in the calculation of costs, breach of warranty, breach of agreement and accidents during transport. Such risks also include risks that the manufacture, import, export, distribution, offering, display, purchase, sale or use of products or services offered or displayed on the Site may infringe or may be deemed to infringe the Rights of others, and the risk that the User may incur defense costs or other costs in connection with the claim by third parties of the Rights of third parties, or in connection with any claim by any party that has a right to defense or release in connection with the claims of rights, claims or claims of claimants of Rights of third parties. Such risks also include risks that consumers, other purchasers, end users of the products or other persons may report having suffered injury or damage related to products originally obtained by Users of the Site as a result of purchase and sale transactions in connection with the use of the Site, and may suffer damage or make claims arising from the use of such products. All of the above risks are hereinafter referred to as "Transaction Risks". The User accepts that Panapanda.com will not be responsible nor will it take charge of any damage, claim, responsibility, cost, damage, inconvenience, interruption of the business or expense of any type that can arise as a consequence of or in relation to any Risk of the transaction.

7.4    Users are solely responsible for all terms and conditions of transactions carried out on, through or as a result of the use of the Site or Services, including, without limitation, terms relating to payment, returns, warranties, shipping, insurance, fees, taxes, title, licenses, fines, permits, handling, transportation and storage.

7.5    The User agrees to provide all information and materials that Panapanda.com may reasonably require in connection with its transactions made on, through or as a result of the use of the Site or Services. Panapanda.com has the right to suspend or cancel the account of any User if he does not provide the necessary information and materials.

7.6    In the event that a User has a conflict with any party to a transaction, such User agrees to indemnify Panapanda.com (and our agents, affiliates, directors, representatives and employees) from and against any claim, demand, action, proceeding, cost, expense or damage (including, without limitation, any actual, special, incidental or consequential damages) arising out of or in connection with such transaction.

8.    Limitation of Liability

8.1    TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES PROVIDED BY PANAPANDA.COM ON OR THROUGH THE SITE ARE PROVIDED "AS IS", "AS AVAILABLE" AND "WITH ITS DEFECTS", AND PANAPANDA.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF CONDITION, QUALITY, DURABILITY, PERFORMANCE, ACCURACY, RELIABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SUCH WARRANTIES, REPRESENTATIONS, CONDITIONS AND UNDERTAKINGS ARE HEREBY EXCLUDED.

8.2    TO THE FULLEST EXTENT PERMITTED BY LAW, PANAPANDA.COM MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE VALIDITY, ACCURACY, ACCURACY, RELIABILITY, QUALITY, STABILITY, COMPLETENESS OR CURRENCY OF ANY INFORMATION PROVIDED ON OR THROUGH THE SITE; PANAPANDA.COM MAKES NO REPRESENTATION OR WARRANTY THAT THE MANUFACTURE, IMPORT, EXPORT, DISTRIBUTION, OFFERING, DISPLAY, PURCHASE, SALE OR USE OF THE PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE WILL NOT INFRINGE ANY RIGHTS OF THIRD PARTIES; AND PANAPANDA.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCTS OR SERVICES OFFERED OR DISPLAYED ON THE SITE.

8.3    Any material downloaded or obtained through the Site is done at the risk of the User, who will be solely responsible for any damage to the computer system of Panapanda.com or loss of data that may result from downloading such material. No advice or information, whether oral or written, obtained by any User of Panapanda.com or through or from the Site shall imply any warranty not expressly set forth herein.

8.4    The Site may make available to Users services or products offered by independent third parties. No warranty or representation is made with respect to such services or products. In no case, Panapanda.com and our subsidiaries will be responsible for any of those services or products.

8.5    The User agrees to indemnify and hold Panapanda.com, our subsidiaries, directors, representatives and employees, harmless from any and all losses, claims and obligations (including legal fees according to a formula of full coverage of costs) that may arise from the User's use of the Site or Services (including, but not limited to, viewing such User's information on the Site) or breach of any of the terms and conditions of the Terms. The User also agrees to indemnify and hold Panapanda.com, our subsidiaries, directors, representatives and employees, harmless from any and all losses, damages, claims and obligations (including legal costs according to a formula of full coverage of costs) that may arise from the User's breach of any type of warranty made by the User to Panapanda.com, including, but not limited to, those set forth in Section 5 below.

8.6    In addition, the User hereby undertakes to indemnify and hold Panapanda.com, our subsidiaries, directors, representatives and employees, harmless from any and all losses, damages, claims, liabilities (including legal costs according to a formula of full coverage of costs) that may arise, directly or indirectly, as a result of claims made by any claimant of Rights of third parties or other third parties in relation to the products offered or displayed on the Site. The User also accepts that Panapanda.com is not responsible and will not have any responsibility towards you, for any material published by others, including defamatory, offensive or illicit material, and that the risk of damages of this type of material is exclusive responsibility of the User. Panapanda.com reserves the right, at our expense, to assume the exclusive defense and control of any matter subject to exoneration by you, in which case you will cooperate with Panapanda.com to assert any available defense.

8.7    Panapanda.com shall not be liable for any special, direct, indirect, punitive, incidental, consequential or other damages (including, without limitation, damages for lost profits or lost savings, business interruption or loss of information), whether in contract, tort, negligence, equity or otherwise, or any other damages resulting from any of the following:

a)    the use or impossibility of using the Site or the Services;

b)    any defect in the products, samples, data, information or services purchased or obtained from a User or another third party through the Site;

c)    infringement of Rights of third parties or claims or requests that the manufacture, import, export, distribution, offer, display, purchase, sale or use of products or services offered or displayed by the User on the Site may infringe or may be deemed to infringe the Rights of third parties; or claims by any of the parties who have a right to defense or indemnification in connection with claims of rights, claims or claims of claimants of Rights of third parties;

d)    unauthorized access by third parties to the data or private information of any User;

e)    statements or conduct of any User of the Site; or

(f) any matter relating to the Services which may arise, including negligence.

8.8    Without prejudice to the foregoing provisions, the aggregate liability of Panapanda.com, our employees, agents, affiliates, representatives or any person acting on our behalf in relation to the User in respect of all claims arising out of the use of the Site or the Services in any calendar year shall be limited to the greater of the following: (a) the amount of fees paid by the User to Panapanda.com or our affiliates during the calendar year and (b) the maximum amount permitted by applicable law. The foregoing sentence shall not exclude the requirement that the User must prove actual damages. All
claims arising out of the use of the Site or the Services must be filed no later than one (1) year from the date the cause of action arises or such longer period as may be prescribed under any applicable law for these Terms of Use.

8.9    The limitations and exclusions of liability to which you are entitled under the Terms shall apply to the maximum extent permitted by law and shall apply regardless of whether Panapanda.com has been informed or should have been aware of the possibility of such losses occurring.

9.    Force majeure

9.1    Under no circumstances, Panapanda.com shall be liable for any delay, failure or interruption of the content or services provided through the Site resulting directly or indirectly from acts of natural phenomena, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer, telecommunications or other equipment failures, power failure, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, explosions, acts of God, wars, governmental actions, orders of national or foreign courts, or failure of third parties.

10.    Intellectual Property Rights

10.1    BPO'S PANAMA FREE ZONE, INC. is the sole owner or legitimate licensee of all rights and interests in the Site and the Site Content. The Site and the Site Content include trade secrets and intellectual property rights protected by worldwide copyright and other laws. All title, ownership and intellectual property rights in the Site and the Site Content shall belong to BPO'S PANAMA FREE ZONE, INC. our affiliates or licensors of Site Content, as applicable. All rights not claimed under these Terms of Use or by BPO'S PANAMA FREE ZONE, INC. are reserved.

10.2    "PANAPANDA", "PANAPANDA.COM", related logos and logos are trademarks owned by BPO'S PANAMA FREE ZONE, INC., in process of registration in various jurisdictions and are protected by copyright legislation and other property rights laws. Unauthorized copying, modification, use or publication of these marks is strictly prohibited.

10.3    Panapanda.com may rely on independent third parties to provide the Services (e.g., authentication and service verification providers). You may not use any trademarks, service marks, or logos of such independent third parties without their prior written permission.

11.    Notifications

11.1    All legal notices or petitions for or about Panapanda.com must be submitted in writing and sent to Panapanda.com personally, by courier, registered mail to the following entity and address: Panapanda.com BPO'S Panama Free Zone, Avenida Manuel F. Zarate, Calle Saint George, Brisas del Golf, Panama, Apartado Postal: 081908030 El Dorado Panama, Rep. Panama A/A: Legal Department. Notices will be effective when received by Panapanda.com in any of the ways mentioned above.

11.2    All legal notices or petitions for or about the User will be effective if they are personally delivered, sent by courier, registered mail, fax or e-mail to the last known correspondence address, fax or e-mail provided by the User to Panapanda.com, or by publishing such notice or petition in an area of the Site that is accessible to the public free of charge. Notices to Users shall be deemed to have been received by such Users, provided that:

a)    Panapanda.com can demonstrate that such communication, whether in physical or electronic form, has been sent to such User, or

b)    immediately after the publication of such notification by Panapanda.com in an area of the Site that is accessible to the public free of charge.

11.3    You agree that all agreements, notices, petitions, disclosures and other communications that Panapanda.com sends you electronically satisfy the legal requirement that such communication must be in writing.

12.    General provisions

12.1    Without prejudice to any additional Agreement, the Terms constitute the entire agreement between you and Panapanda.com with respect to the use of the Site and the Services, govern them and supersede any prior agreement, oral or written in relation to the same subject matter.

12.2    You and Panapanda.com are independent contractors, and these Terms do not intend or create any relationship of representation, partnership, joint venture, employee-employer, economic dependence, legal subordination or franchisor-franchisee.

12.3    If any provision of these Terms is held to be invalid or unenforceable, that provision shall be deleted and the remaining provisions shall be deemed valid and enforceable.

12.4    Headings are for reference purposes only and in no way define, limit, construe or describe the scope or scope of such section.

12.5    The failure of Panapanda.com to enforce any right or to act in respect of any breach by you under these Terms shall not constitute a waiver of such right or a waiver of Panapanda.com's right to act in respect of subsequent or similar breaches.

12.6    Panapanda.com shall have the right to assign the Terms (including all of our rights, titles, benefits, interests, obligations and duties in the Terms) to any natural or legal person (including any affiliate of Panapanda.com). You may not assign the Terms, in whole or in part, to any natural or legal person.

12.7    The Terms and Conditions shall be governed by the laws of the Republic of Panama, so the parties agree to submit to the exclusive jurisdiction of the courts of the Republic of Panama. In any case: "Any litigation or controversy arising out of or relating to this contract, as well as the interpretation, application, execution and termination thereof, shall be resolved by arbitration, following an attempt at conciliation, by the Conciliation and Arbitration Center of Panama, in accordance with its rules of procedure".

12.8    If you have questions or concerns about the services we provide to you, you can contact our customer service hotline with any comments or questions.

13.    Contact Us

For any question related to the use of the services, you can contact in a telematic way with the customer service of Panapanda.com following the following steps:
For Panapanda.com https://www. Panapanda.com/faq

In relation to any other question or message about the activities and Panapanda.com it is recommended to follow the indications that appear under the heading "contact" accessible from the following page: https://www. Panapanda.com/contactus

14.    Language

This document is available in Spanish, English and Mandarin Chinese versions in case of inconsistencies between these languages the Spanish version will prevail.