TERMS OF USE AND LEGAL NOTICE

1. INTRODUCTION AND COMPANY INFO

The present is constituted as the Legal Notice and the Conditions of Use that regulate the access, navigation and use of the Web of CAOBA REALTY (CAOBA GROUP, S.A.) (hereinafter, CAOBA), located in the URL www.caobarealty.com (hereinafter the Website) CAOBA is an entity with registered address Calle 67 San Francisco, # 7, Panama City, and registered under the Laws of the Republic of Panama.

2. PURPOSE AND SCOPE

These General Conditions regulate the access to the Contents and all the Services offered by CAOBA REALTY through its Website or Websites, including comments, news, articles, blogs, chats, posts and any other, as well as the use of the above mentioned by the Users. However, CAOBA REALTY reserves the right to modify the presentation, configuration and content of the Website and Services, as well as the conditions required for its access and / or use. The access and use of the Contents and Services after its modifications or the changes in the conditions become effective, suppose the acceptance of them.

However, access to certain content and use of certain services may be subject to certain specific conditions that, as the case may be, will replace, complete and / or modify these General Conditions of Use, prevailing, in case of contradiction, the contradictory terms of the particular conditions. In this case, the User should carefully read the particular conditions created by CAOBA REALTY, if appropriate, for this purpose.

The access, navigation and use of the Website or Websites entails and supposes the acceptance by the User of this Legal Notice and the Conditions of Use that it includes. In this sense, “User” means the person who accesses, navigates, uses or participates in theservices and activities, free or onerous, developed in the Website or Websites and the Social Networks of CAOBA REALTY presented in it.

3. ACCESS

Access to the Contents and the use of the Services provided by www.caobarealty.com is free of charge, accessing the information and products related to their promotions, through their direct exhibition or through technical devices of links to other Internet websites.

It is prohibited to access the Website by minors, unless they have prior and express authorization of their parents, guardians or legal representatives, who will be considered as responsible for the acts carried out by minors in their charge, in accordance with current regulations. In any case, it will be presumed that the access made by a minor to the Website has been done with prior and express authorization of their parents, guardians or legal representatives.

Access and navigation through the Website does not require registration. However, in order to access certain products and / or services, it will be necessary to pre-register or be identified in the “User Registration / Clients” or “Subscription to News” of this Website by selecting the User ID and password. The password, which is personal and non-transferable, must be generated by the User according to the rules of robustness and complexity that are established at any time by CAOBA REALTY. The password created by the User will have an unlimited temporal validity.

The User agrees to make diligent use of its password and keep it secret, not transmitting it to any third party nor to CAOBA REALTY itself. Consequently, the User will be responsible for the illegal use of the Website by any illegitimate third party, who uses a password for that purpose due to a non-diligent use or loss of the same by the User.

In virtue of the above, it is the obligation of the User to notify immediately to the managers of the Website any fact that allows the improper use of the identifiers and / or passwords, such as theft, loss, or unauthorized access to them, in order to proceed to its immediate cancellation. Until such events are reported, CAOBA REALTY will be relieved of any liability that may arise from the misuse of identifiers or passwords by unauthorized third parties.

4. DERECHOS DE PROPIEDAD INTELECTUAL E INDUSTRIAL.

The present Website is governed by Panamanian laws and by national and international legislation on intellectual and industrial property.

In no case shall it be understood that the access and navigation of the User through the Website or the use, acquisition and / or contracting of products or services offered through the Website implies a waiver, transmission, license, or total or partial transfer of such rights by CAOBA REALTY.

5. USE IF THE WEBSITE

The User agrees to use the Services provided by www.caobarealty.com in accordance with the Law and these General Conditions. The User agrees to refrain from using these services for purposes or effects that are unlawful or contrary to what is established in the General Conditions.

By using the Services, the User agrees to these General Conditions, not to use them to defame or insult, or perform activities that contain false information, that are inappropriate, abusive,  harmful, pornographic, threatening, damaging the public image or Privacy of third persons or that for any reason infringe any Law.

In particular, and merely indicative and not exhaustive, the User agrees not to capture data for advertising purposes, not to send any kind of advertising online and not to transmit, disseminate or make available to third parties through the Services provided by www.caobarealty.com, information, messages, graphics, sound or image files, photographs, recordings, software and in general any kind of material, data or contents that, without exhaustive purpose:

• Incur in illicit, illegal activities or contrary to Good Faith and Public Order or Law.
• In any way, they contravene, disparage or violate Fundamental Rights and Public Freedoms constitutionally recognized or in the International Treaties and in the rest of the Legal Order;
• Induce, incite or promote criminal, denigratory, defamatory or violent actions;
• Inducing, inciting or promoting discriminatory actions, attitudes or ideas based on sex, race, religion, belief or age;
• Include criminal, violent, degrading or pornographic messages;
• Inducing or inciting to engage in dangerous, risky or harmful practices for health and mental balance;
• Are false, ambiguous, inaccurate, exaggerated or extemporaneous, so that they can mislead their object or the intentions or purposes of the communicant;
• Are protected by any Intellectual or Industrial Property Rights belonging to third parties, without the User having previously obtained from their owners the necessary authorization to carry out the use that they make or intend to  make;
• Violate third party business secrets;
• Are contrary to the Right to Honor and Dignity, personal and family privacy or the very image of people;
• Violate the rules on secrecy of communications;
• Provoke due to its characteristics (such as format, extension, etc.) difficulties in the normal operation of the Services.

6. LICENSE ON COMMUNICATIONS

In the event that the User sends information of any kind to CAOBA REALTY through the Website, through the channels arranged for such purpose in the Website itself, the User declares, guarantees and accepts that he has the right to do so freely, that the said information does not infringe any intellectual property, trademark, patent, trade secret, or any other right of a third party and that such information is not confidential and is not harmful to third parties.

The User acknowledges to assume responsibility and will indemnify CAOBA REALTY for any communication that he provides personally or in his name, including such responsibility without restricting the accuracy, legality, originality and ownership there of.

7. RESPONSIBILITIES AND WARRANTIES

Product and pricing policy: CAOBA REALTY reserves the right to modify the prices, illustrations  and specifications of products that are announced on the Website. Therefore, the information given about residences, apartments, commercial premises, warehouses, lots of land, promotions, etc., is merely indicative and general, being subject to possible changes without prior notice, to the Entire discretion of CAOBA REALTY.

All the furnishings that appear in the plans, including those of the kitchens and baths, are merely decorative and illustrative.

The areas expressed are approximate and may experience modifications, for technical reasons in the development of execution of works.

For the above, CAOBA REALTY warns that the information collected on the Website may be incomplete, outdated or misleading, so it is not responsible, directly or indirectly, for damages or losses arising from said information. However, in order to avoid them, CAOBA REALTY recommends verifying the information obtained through the Website in the places that are specified in each specific case and contacting CAOBA REALTY directly through the contact information that is presented in the Website .

CAOBA REALTY cannot guarantee the reliability, usefulness or veracity of the services or information provided through the Website, nor of the usefulness or veracity of the documentation of the events that can be consulted through the Website.

Consequently, CAOBA REALTY does not guarantee and is not responsible for: (i) the continuity of the contents of the Website; (Ii) the absence of errors in said contents or products; (Iii) the absence of viruses and / or other harmful components on the Website or on the server were it is hosted; (Iv) the invulnerability of the Website and / or the imprecisability of the security measures adopted therein; (V) the lack of usefulness or performance of the contents and products of the Website; (Vi) damages caused to itself or a third party by any person who violates the conditions, rules and instructions that CAOBA REALTY establishes on the Website or through breach of the security systems of the Website.

Nevertheless, CAOBA REALTY declares that it has taken all necessary measures, within its possibilities and the state of technology, to guarantee the operation of the Website and to prevent the existence and transmission of viruses and other harmful components to the Users.

If the User becomes aware of the existence of any illegal, illegal, unlawful, or otherwise infringing intellectual property rights, he or she shall immediately notify CAOBA REALTY so that it can proceed to the adoption of measures.

8. LINKS

8.1 Links to other web pages

In case that the User could find in the Website, links to other Web pages by means of different . buttons, links, banners, etc., these would be managed by third parties. CAOBA REALTY does not have the human or technical means to know, control or approve all the information, contents, products or services provided by other websites to which links can be established from the Website.

Consequently, CAOBA REALTY can not assume any responsibility for any aspect related to the website to which a link could be established from the Website, about its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

In this sense, if Users have an effective knowledge of the illegality of activities developed through these third-party websites, they must immediately notify CAOBA REALTY in order to disable the access link to it.

The establishment of any type of link from the Website to another third party website will not imply that there is any relationship, collaboration or dependency between CAOBA REALTY and the person responsible for the third party website.

8.2 Links on other web pages destined to the Website

If any User, entity or web page wishes to establish any type of link to the Website, it must comply with the following provisions:

• The link may only be directed to the Homepage or Home of the Website, unless expressly authorized in writing by CAOBA REALTY.
• The link must be absolute and complete, that is, it must take the User, by a click, to the URL of the Website itself and must completely cover the entire extension of the Home Page screen of the Website. In no case, unless CAOBA REALTY authorizes it expressly and in writing, the web page that makes the link may reproduce, in any way, the Website, include it as part of its webpage or within one of its “rames” or create a “browser” on any of the pages of the Website. This includes, but is not limited to real estate classified ads, real estate listings, legal or natural persons engaged in real estate, development, construction and promotion of real estate.
• In the web page that establishes the link, it can not be declared in any way that CAOBA REALTY has authorized such link, unless CAOBA REALTY has done so expressly and in writing. If the entity that makes the link from its page to the Website correctly wishes to include on its website the brand, name, trade name, label, logo, slogan or any other type of identifying element of CAOBA REALTY and / or the Website, this entity must have prior written authorization of CAOBA REALTY.
• CAOBA REALTY does not authorize the establishment of a link to the Website from those web pages that contain illicit, illegal, degrading, obscene materials and information or content that violate morality, public order or generally accepted social norms. CAOBA REALTY does not have the faculty nor the human and technical means to know, control, or approve all the information, contents, products or services provided by other web pages that have established links to the Website. CAOBA REALTY does not assume any responsibility for any aspect related to the Website that establishes that link the Website, its operation, access, data, information, files, quality and reliability of its products and services, its own links and / or any of its contents, in general.

9. PRIVACY POLICY

In compliance with the provisions of Law, CAOBA REALTY hereby informs you that:

9.1. Personal data provided by the User through this CAOBA REALTY Website will be incorporated into the files owned by CAOBA REALTY. The purpose of these files is the management of the Website users, management of services offered through said site and, where appropriate, management, development and compliance of the relationship established between CAOBA REALTY and those who contribute their data through the Website (clients, potential clients, shareholders and in general terms any person who uses the Website to request information of any kind to CAOBA REALTY).

Likewise, CAOBA REALTY will treat the data to manage the queries received through the Website by the Users, both registered users and unregistered users to send advertising and commercial information, by different means, regarding the company, its activities, competitions, products, services, offers, special promotions, as well as documentation of diverse nature and by different means.

9.2. We also inform you that by accepting this Privacy Policy you agree that your personal data will be communicated, as the case may be, to the companies of GRUPO CABOBA GROUP, in order to facilitate a global control and management of Users of the Website and the queries formulated by them, as well as for sending information to them regarding their products and services, exclusively related to the industry of each of them.

9.3. You guarantee that the information provided is true, accurate, complete and up to date, being responsible for any damages, direct or indirect, that could be caused as a result of breach of such obligation. In the event that the data provided belong to a third party, you guarantee that you have informed the third party of the aspects contained in this document and obtained authorization from this third party to provide their data to CAOBA REALTY for the purposes indicated.

9.4. When the personal data is collected through the Contact Form, it will be necessary that you provide the information at least in those fields indicated as required, otherwise CAOBA REALTY will not be able to accept and manage the website service, question, comment or message sent.

9.5. In response to CAOBA REALTYs concern to ensure the security and confidentiality of its data, the required levels of security of personal data protection have been adopted and the technical means at its disposal have been installed to prevent loss, misuse, alteration, unauthorized access and theft of the personal data provided through www.caobarealty.com.

9.6. In order to exercise your rights of access, rectification, cancellation and opposition to your data, you can write to the following address:  info@caobarealty.com

10. DURATION AND MODIFICATION

CAOBA REALTY may modify the terms and conditions set forth herein, in whole or in part, by posting any changes in the same way as this Legal Notice or through any type of communication addressed to Users.

The temporary validity of this Legal Notice therefore coincides with the time of its exposure, until they are totally or partially modified, at which time the modified Legal Notice will become effective.

Regardless of the provisions of the specific conditions, CAOBA REALTY may terminate, suspend or interrupt, at any time and without prior notice, access to the contents of the page, without the possibility of the User demanding compensation. After this termination, the prohibitions on the use of the contents set out above in this Legal Notice shall continue to apply.

11. GENERAL PROVISIONS

11.1. The headings of the different clauses are only informative and will not affect, qualify or extend the interpretation of these Terms and Conditions and Legal Notice.

11.2. In case of discrepancy between what is established in this Legal Notice and the particular conditions of each specific service, the provisions in the latter will prevail.

11.3. In the event that any provision or provisions of these Terms and Conditions and Legal Notice are deemed void or unenforceable in whole or in part by any court, or competent administrative entity, said nullity or inapplicability will not affect the other provisions of these Terms and Conditions and Legal Notice.

11.4. CAOBA REALTYs failure to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless acknowledgment and agreement in writing by CAOBA REALTY.

12. JURISDICTION

The relationships established between CAOBA REALTY and the User will be governed by the provisions in the current legislation regarding the applicable Law and the competent jurisdiction. However, in cases where the Law provides the parties the possibility to submit to a jurisdiction, CAOBA REALTY and the User, expressly waiving any other jurisdiction that may correspond to them, will submit any controversy and / or litigation to the Courts and Tribunals of the Republic of  Panama.