Terms of service

These General Terms of Use (hereinafter, the “Terms of Use”) are intended to regulate users’ access to content and services. The company that owns the web domain is EFFLUZ S.A., with its address for these purposes at El Dorado, Panama, Republic of Panama. Registered with the Public Registry of Panama under RUC 155-640-551 DV20. Contact email: info@effluz.com

1. The act of accessing, browsing, or using the services and content of the Website implies that the User has read, is aware of, and unreservedly accepts the Terms of Use.

In this regard, a User shall be understood as any person who uses, browses, or accesses any of the content and services offered on the Website.

The User agrees to use the Website in accordance with the Law, these Terms of Use, and the Privacy Policy published on the Website. The User must refrain from engaging in any unlawful act or any act contrary to these Terms of Use.

1.2. Notwithstanding the foregoing, access to certain content and the use and/or acquisition/provision of certain services are subject to specific Particular Conditions or General Contracting Conditions, which, depending on the case, shall replace, supplement, and/or modify these Terms of Use. In the event of any conflict, the conflicting terms of the Particular Conditions or General Contracting Conditions shall prevail over those stipulated in these Terms of Use.

1.3. EFFLUZ S.A. reserves the right to modify the presentation, configuration, and content of the Website and any of its services, as well as the conditions required for access, use, and/or provision of the services offered. Access to and use of the content and services after such modifications or changes to the conditions enter into force shall constitute acceptance thereof.

2. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

2.1. This Website is governed by national and international legislation on intellectual and industrial property.

2.2. Under no circumstances shall the User’s access to and browsing of the Website, or the use, acquisition, and/or contracting of products or services offered through it, be understood as implying a waiver, transfer, license, or total or partial assignment of such rights by

2.3. EFFLUZ S.A. owns or has obtained the corresponding license for the exploitation rights relating to the intellectual and industrial property of EFFLUZ S.A., as well as the intellectual property, industrial property, and image rights and/or licenses relating to the content and products available through it.

2.4. It is not permitted to remove, circumvent, or manipulate the copyright notice or any other identifying information relating to the rights of EFFLUZ S.A.

Likewise, it is prohibited to modify, copy, reuse, exploit, reproduce, publicly communicate, make second or subsequent publications of, upload files, send by email, transmit, use, process, or distribute in any manner all or part of the content and products included on WWW.EFFLUZ.COM for public or commercial purposes without the express written authorization of EFFLUZ S.A.

3. USE OF THE WEBSITE

3.1. The User shall have access to the content and may use the services provided by the Website free of charge, although certain services may be subject to prior registration, prior contracting, and/or payment of an amount by the User, as specified in their own General Contracting Conditions.

By using the services and/or accessing the content of the Website, the User expresses agreement with these Terms of Use and agrees not to use them to send messages that are defamatory or insulting, or that contain false, inappropriate, abusive, harmful, pornographic, or threatening information, damage the public image or private life of third parties, or otherwise violate any law.

3.3. In particular, and merely by way of indication and not limitation, the User agrees not to collect data for advertising purposes, not to send any type of online advertising, and not to transmit, distribute, or make available to third parties through the Services that may be provided by EFFLUZ S.A. any information, messages, graphics, sound or image files, photographs, recordings, software, or, in general, any type of material, data, or content that, without limitation:

  • In any way contravenes, undermines, or violates the fundamental rights and public freedoms recognized constitutionally, in international treaties, or in the rest of the legal system;

  • Induces, encourages, or promotes criminal, degrading, defamatory, or violent conduct;

  • Induces, encourages, or promotes discriminatory conduct, attitudes, or ideas on the grounds of sex, race, religion, beliefs, or age;

  • Incorporates criminal, violent, or degrading messages;

  • Induces or encourages involvement in dangerous, risky, or harmful practices affecting health or psychological well-being;

  • Is false, ambiguous, inaccurate, exaggerated, or untimely in such a way that it may mislead others regarding its purpose or the intentions or objectives of the person communicating it;

  • Is protected by any intellectual or industrial property rights belonging to third parties, without the User having previously obtained from the rights holders the necessary authorization to carry out the use made or intended;

  • Violates third-party trade secrets;

  • Is contrary to the right to honor, personal and family privacy, or a person’s own image;

  • Violates regulations concerning the confidentiality of communications;

  • Causes difficulties in the normal operation of the Services due to its characteristics, such as format, size, or other factors.

4. LICENSE REGARDING COMMUNICATIONS

4.1. If the User sends information of any kind to EFFLUZ S.A. through the Website, using the channels provided for that purpose on the Website itself, the User declares, warrants, and accepts that they have the right to do so freely, that such information does not infringe any intellectual property, trademark, patent, trade secret, or any other third-party right, that such information is not confidential, and that such information is not harmful to third parties.

4.2. The User acknowledges that they assume responsibility and shall hold EFFLUZ S.A. harmless regarding any communication provided personally or on their behalf. Such responsibility shall include, without limitation, the accuracy, legality, originality, and ownership of the communication.

5. LIABILITY AND WARRANTIES

5.1. EFFLUZ S.A. cannot guarantee the reliability, usefulness, or accuracy of the services or information provided through the Website.

Consequently, EFFLUZ S.A. does not guarantee and shall not be held responsible for: (i) the continuity of the Website’s content; (ii) the absence of errors in such content or products; (iii) the absence of viruses and/or other harmful components on the Website or on the server that provides it; (iv) the invulnerability of the Website and/or the effectiveness of the security measures adopted therein; (v) the lack of usefulness or performance of the Website’s content and products; or (vi) any damages or losses caused to themselves or to a third party by any person who violates the conditions, rules, and instructions established by EFFLUZ S.A. on the Website or by breaching its security systems.

5.2. Nevertheless, EFFLUZ S.A. declares that it has adopted all necessary measures, within its capabilities and the current state of technology, to ensure the operation of the Website and prevent the existence and transmission of viruses and other harmful components to Users.

If the User becomes aware of any unlawful or illegal content, content contrary to the law, or content that may constitute an infringement of intellectual and/or industrial property rights, they must immediately notify EFFLUZ S.A. so that it may adopt the appropriate measures.

6. LINKS

6.1. Links to Other Websites

If the User finds links to other Websites through different buttons, links, banners, or other features on the Website, such websites would be managed by third parties. EFFLUZ S.A. does not have the authority or the human or technical resources to know, control, or approve all the information, content, products, or services provided by other websites to which links may be established from the Website.

Consequently, EFFLUZ S.A. cannot assume any liability for any aspect relating to a Website to which a link may be established from this Website, including, by way of example and not limitation, its operation, access, data, information, files, the quality and reliability of its products and services, its own links, and/or any of its content in general.

In this regard, if Users become actually aware of unlawful activities conducted through such third-party Websites, they must immediately notify EFFLUZ S.A. so that the corresponding access link may be disabled.

The establishment of any type of link from the Website to another external Website shall not imply the existence of any relationship, collaboration, or dependence between EFFLUZ S.A. and the party responsible for the external Website.

6.2. Links from Other Websites to the Website

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

  • The link may only direct users to the homepage or Home page of the Website, unless expressly authorized in writing by EFFLUZ S.A.

  • The link must be absolute and complete, meaning that it must take the User, with one click, to the Website’s own URL and must completely cover the full screen display of the Website’s homepage. Under no circumstances, unless expressly authorized in writing by EFFLUZ S.A., may the Website establishing the link reproduce the Website in any manner, include it as part of its own Website or within one of its “frames,” or create a “browser” over any of the pages of its Website.

The Website establishing the link may not state in any way that EFFLUZ S.A. has authorized such link unless EFFLUZ S.A. has expressly done so in writing. If the entity correctly linking from its webpage or Website to the Website owned by EFFLUZ S.A. wishes to include on its Website the trademark, business name, trade name, sign, logo, slogan, or any other identifying element owned by EFFLUZ S.A. and/or the Website, it must first obtain express written authorization.

EFFLUZ S.A. does not authorize links to the Website from Websites containing unlawful, illegal, degrading, obscene, or other materials, information, or content that are generally contrary to morality, public order, or generally accepted social standards.

EFFLUZ S.A. does not have the authority or the human and technical resources to know, control, or approve all the information, content, products, or services provided by other Websites that contain links to the Website owned by EFFLUZ S.A. 

Therefore, EFFLUZ S.A. assumes no liability for any aspect relating to the Website that establishes such a link, including, by way of example and not limitation, its operation, access, data, information, files, the quality and reliability of its products and services, its own links, and/or any of its content in general.

7. DURATION AND MODIFICATION

7.1. EFFLUZ S.A. may modify the terms and conditions stipulated herein, in whole or in part, by publishing any changes in the same manner in which these Terms of Use appear or through any type of communication addressed to Users.

7.2. The period of validity of these Terms of Use therefore corresponds to the period during which they are displayed, until they are modified in whole or in part, at which time the modified Terms of Use shall become effective.

7.3. Regardless of what may be provided in any applicable Particular Conditions, EFFLUZ S.A. may terminate, suspend, or interrupt access to the Website’s content at any time and without prior notice, without the User being entitled to claim any compensation. Following such termination, the prohibitions regarding the use of content set out above in these Terms of Use shall remain in effect.

8. GENERAL PROVISIONS

8.1. The headings of the various clauses are for informational purposes only and shall not affect, qualify, or expand the interpretation of the Terms of Use.

8.2. If any provision or provisions of these Terms of Use are found to be null, invalid, or unenforceable, in whole or in part, by any competent court, tribunal, or administrative authority, such nullity or unenforceability shall not affect the remaining provisions of the Terms of Use.

8.3. The failure by EFFLUZ S.A. to exercise or enforce any right or provision contained in this Legal Notice shall not constitute a waiver thereof, unless expressly acknowledged and agreed to in writing by EFFLUZ S.A.

9. WARRANTY FOR CONSUMER GOODS

In the case of a defective product, the seller must replace the product or terminate the contract, and such procedures shall be free of charge for the consumer and user. The seller shall be liable for any lack of conformity that becomes apparent within a period of two years from delivery. The consumer and user must inform the seller of the lack of conformity within two months from the date on which they became aware of it. Before any action is taken, and once EFFLUZ S.A. has been informed about the defective product, the product shall undergo quality control to determine whether the defect resulted from the use of the item or from a manufacturing defect.

10. JURISDICTION

These General Conditions are governed by the laws of the Republic of Panama. For the resolution of disputes, the parties submit, at their choice and expressly waiving any other jurisdiction, to the courts and tribunals of the User’s domicile. Likewise, as an entity subject to THE CONSTITUTION OF THE REPUBLIC OF PANAMA and under the terms of its DATA PROTECTION LAW—Law 81 on Personal Data Protection, regulated through Executive Decree 285 of May 28, 2021—in the event of a dispute, the User may apply to the competent courts within the Republic of Panama.