Know all men by the present, the General Terms and Conditions (hereinafter the "Terms") applicable to the access and use of the services offered by Inka Crops S.A. to any USER who accesses or uses the websites www.inkacrops.com and www.inkachips.com (hereinafter "The SITES") through a mobile application or any other online service (collectively, "The Services") related to "The Terms” which shall govern the access and use of the SITES or any other Internet site belonging to Inka Crops S.A.

On "The SITES”, the marketed products, the third-party advertised services, the pages accessible through them, their use, and/or the download of information contained therein are subject to full acceptance of the Terms and Conditions set forth below. Anyone who does not accept these terms and conditions must refrain from accessing this site, either directly or indirectly, or from using any information or services provided herein.

It is mandatory to create an account on the websites www.inkachips.com in order to access the services available to the users Inka Crops. Regarding the website www.inkacrops.com, no registration is required to access it; however, there is a contact area where the user can enter personal data to submit  inquiries.

FIRST:  USER ACCEPTANCE

1.1 USER

As stated above, the USER accepts the TERMS from the moment they access the SITES and remain on them. If the USER does not agree with these terms, they must immediately leave the SITES and therefore will not be able to access the SERVICES or their CONTENT.

That is, the acceptance of “The Terms”, as well as the registration of the user shall be required for the acquisition of products and services offered on this site. These Terms and Conditions shall be deemed acknowledged and accepted by the sole act of registration and/or access to the website, which shall include an express declaration by the user of their understanding of these Terms of Use.

 

1.2 USER RIGHTS AND OBLIGATIONS

The user shall enjoy all the rights recognized by current legislation on personal data protection and consumer protection in Peru, in addition to those granted in these terms and conditions. These include the ARCOP rights concerning personal data.

Each USER must use the SERVICES and CONTENT of the SITES solely for their intended purposes. Any contrary action shall subject the USER to the sanctions deemed necessary by Inka Crops S.A. regarding access to the SITES, as well as any legal actions Inka Crops S.A. may file or initiate against them in administrative, criminal, and/or civil matters. The USER may not use the information and CONTENT of the SITES for the following actions, including but not limited to:

 

 

1. Assume a false identity.
2. Send, reproduce, provide, or display false or misleading information through the SERVICES.
3. Publish information contrary to the purposes or objective of the SITES.
4. Use the SITES to advertise products or services of any kind without the express authorization of Inka Crops S.A.
5. Modify the information in the CONTENT.
6. Any other similar action that is contrary to the purposes of the SITES.

All USERS may access the SITES and the CONTENT displayed therein.

Likewise, Inka Crops S.A. undertakes to handle USER’s personal and sensitive data appropriately, in accordance with current legal provisions and the Privacy Policy, which may be consulted by the USER at any time.

 

SECOND: MODIFICATION OF THE TERMS OR SERVICES

2.1    Inka Crops S.A. may, at its sole discretion, periodically review, modify, or update the TERMS. Any modification shall be duly communicated to the USER through the available channels, including, but not limited to, the website or email, with reasonable notice. If the USER does not agree with the new TERMS, they will have the right to disassociate themselves from the platform, cancel their account, or cancel their subscription, without penalty, provided that said ongoing relationship was generated through registration, account creation, or voluntary subscription on the WEBSITES.

2.2.  Inka Crops S.A. shall notify the USER of any modifications to the TERMS through one or more of the following channels: (i) by sending an email to the USER's registered address, (ii) by posting a prominent notice on the official Inka Crops S.A. website, or (iii) by posting a notification within the platform where the transaction or subscription was made.

        Such notification shall be made with reasonable advance notice, and the modifications shall only become effective after the period established in the communication has elapsed, counting from the effective date of the notification, so that the USER can be aware of them, evaluate them, and decide whether to continue using the WEBSITES.

2.3.  Modifications to the TERMS shall become effective only after the USER has been notified in accordance with clause 2.2, and after the reasonable period established in such notification has elapsed.

         To enhance transparency for the USER, Inka Crops S.A. may implement additional visibility mechanisms such as: (i) a pop-up message upon entering the website informing the update of the TERMS, (ii) a visible label with the legend "Updated as of [day/month/year]" at the top of the Terms and Conditions document, and/or (iii) prominent publication of relevant changes in a special section of the WEBSITES.

2.4.  Inka Crops S.A. may modify, suspend, or discontinue, in whole or in part, any aspect of the SERVICES at any time, including the availability of any functionality, database, or content on the WEBSITES. In all cases, Inka Crops S.A. shall inform the USER at least twenty-four (24) hours in advance through the channels established in clause 2.2.

         However, any purchase request made by the USER and duly validated in accordance with the commercial procedure established by Inka Crops S.A. shall be subject to the conditions in force at the time of the transaction. This includes, but is not limited to: prices, product characteristics, delivery conditions, payment methods, and any other relevant information communicated to the consumer during the purchasing process. These conditions must be fully respected by Inka Crops S.A.

THIRD: PURPOSE OF THE SITES

The purpose of the SITES is to allow USERS access to the CONTENT thereof, which includes, but is not limited to, product and/or service offerings, company information, news, images, videos, opinions, music, etc., and to allow them, through the SITES, to interact with Inka Crops S.A. regarding products and/or services offered, request products or services, or make purchases. Said CONTENT includes both what Inka Crops S.A. and the USER provide to it.

The USER is strictly prohibited from using the SITES for any purpose other than that established, as well as from taking actions contrary to applicable law, the provisions of these TERMS, public order, or in any way that harms Inka Crops S.A., directly or indirectly, in any area.

FOURTH: CONTENT

4.1 CONTENT of the SITES

The USER agrees not to disable or interfere with the functions of the SITES, whether in terms of security or their CONTENT. Inka Crops S.A. shall not be liable for possible threats and/or damage to the operating system caused by viruses or other elements inherent to internet use, if these are the result of a fortuitous event, force majeure, a third-party event, or the consumer's own negligence.

The USER, whether registered or a visitor, acknowledges that use of and access to the SITE does not grant them any intellectual property rights over the SITE, its CONTENT, or any of its elements, except for those strictly provided by the USER under the premise that they are the owner of the respective rights. Furthermore, they agree not to copy, reproduce, distribute, or use the CONTENT in any way, whether for profit or not, nor to manipulate or modify the trademarks, information, commercial notices, images, videos, or any other element of the CONTENT.

4.2 CONTENT provided by the USER

4.2.1 Own Content

Inka Crops S.A. acknowledges that the USER is the owner of the intellectual rights to their own CONTENT. However, by submitting, publishing, adding to, or providing it as part of the CONTENT through the SERVICES of the SITES, the USER grants INKA CROPS a non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, publish, communicate, and transform into derivative works in connection with the SERVICES of Inka Crops S.A. and the SITES.

Likewise, the USER grants other users of the SITES a non-exclusive, limited, and revocable license to access and use their own content that has been voluntarily published, shared, or uploaded to the SITES, provided that such access is made through the mechanisms enabled by the platform and exclusively for the purposes permitted by the SERVICES.

For the purposes of this clause, proprietary content is understood to be any information, material, or digital file that the USER voluntarily enters or provides on the SITES, including, but not limited to: text, comments, reviews, images, photographs, videos, documents, personal data, and any other content generated by the USER and uploaded through their account or session.

The USER agrees that any proprietary content voluntarily provided to the SITE through the SERVICES shall be considered non-confidential, unless such content legally qualifies as personal data or sensitive data, in accordance with current legislation on personal data protection.

By providing proprietary content, the USER consents to its display, dissemination, and publication on the SITES and within the framework of the SERVICES, provided that it is non-personal information. If the content includes personal data, Inka Crops S.A. shall guarantee its processing in accordance with the provisions of Law No. 29733 – Personal Data Protection Law, its regulations, and other complementary regulations.

Inka Crops S.A. has a Privacy Policy accessible at all times from the SITES, which clearly, expressly, and in advance provides information on the purposes, conditions, deadlines, and channels available for USERS to exercise their rights of access, rectification, cancellation, and objection (ARCOP). This policy must be expressly accepted by the USER before entering any personal data on the SITE.

The USER is aware that, through the information they provide on the SITES, Inka Crops S.A. may provide certain services or sell products. Therefore, any error, omission, or inaccuracy in the data entered that prevents the proper provision of the service or delivery of the product will be the sole responsibility of the USER, exempting Inka Crops S.A. from any obligation or claim arising from such a situation.

Without prejudice to the foregoing, Inka Crops S.A. provides the USER with the means to update or correct their personal data or registered information, such as: (i) features within the user profile on the SITES, (ii) the contact form available in the customer service section, or (iii) direct communication to the email address info@inkacrops.com

The USER is advised to carefully review the information provided before confirming any request or purchase, and to use the available channels if corrections are required.

Inka Crops S.A. reserves the right to remove, block, or delete any of its own CONTENT that the USER has entered into the SITE when, in its sole discretion, such content violates these TERMS, is inappropriate, violates the rights of third parties, or contravenes current legal provisions. This right may be exercised without prior notice.

However, the suspension, termination of service, or removal of content shall not affect the validity or fulfillment of previously agreed-upon transactions, nor release Inka Crops S.A. from any contractual obligations already assumed with the USER, including commitments to deliver products or services, current commercial terms, and any other rights acquired by the USER prior to the suspension date.

 

 

The CONTENT provided by the USER must not:

4.2.1.1 Contain defamatory, obscene, indecent, pornographic, harassing, abusive, offensive, violent, hateful, or otherwise objectionable or illegal material.

4.2.1.2 Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other third-party right.

4.2.1.3 Deceive other USERS or Inka Crops S.A.

4.2.1.4 Claim any relationship with or endorsement from Inka Crops S.A. or third parties, if this is not true.

4.2.1.5 Deliberately interrupt conversations with meaningless, repetitive messages or "spam".

4.2.2 Third-Party Content

The USER agrees not to add, provide, publish, or reproduce any information or content that is protected by Copyright or any other intellectual property right without the respective authorization of the owner.

Contrary to the provisions of the preceding paragraph, the USER acknowledges and agrees, by accepting these TERMS, to hold Inka Crops S.A. harmless from any judicial, extrajudicial, administrative, civil, criminal, or private claim that may arise due to the improper use of information subject to intellectual property rights. The USER agrees to cover any expenses, damages, and losses incurred by Inka Crops S.A. arising from any legal action.

The USER is solely responsible for its own CONTENT. Inka Crops S.A. is unable to review each contribution of its own CONTENT provided by USERS; therefore, Inka Crops S.A. is not responsible for it. Likewise, Inka Crops S.A. disclaims any liability related to the CONTENT provided by each USER.

4.3 Restrictions

It is strictly prohibited to provide, upload, add, or perform any similar action, programs, data, files, information, and, in general, any data that damages the SITES or the devices (of any kind) used by USERS to access the SITE or its SERVICES.

4.4 Exclusion of Warranties and Liability

The USER represents, warrants, and agrees that no material of any kind submitted through their account may:

• Contain defamatory or illegal material;

• Violate, plagiarize, or infringe the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights;

• Has the legal capacity to fulfill any financial obligations arising from the use of the SERVICES.

THE USER hereby agrees to indemnify, defend, and hold harmless Inka Crops S.A., as well as all officers, directors, owners, agents, information providers, affiliates, licensors, and licensees from and against any and all liabilities and costs, including, without limitation, reasonable attorneys' fees, incurred by each of them in connection with any claim arising from any breach by the USER or any third party using their account or of the foregoing representations and warranties.

4.4.1 The SERVICES and CONTENT are provided "as is." Inka Crops S.A. cannot guarantee that the SERVICES will be uninterrupted or error-free when such failures result from an act of God, force majeure, the act of a third party, or the consumer's own negligence.

4.4.2 Inka Crops S.A. disclaims, to the maximum extent permitted by law, any and all:

4.4.2.1 Warranties of merchantability for a particular purpose;

4.4.2.2 Warranties against infringement of third-party intellectual property rights or proprietary rights;

4.4.2.3 Warranties relating to the accuracy, reliability, timeliness, or completeness of the information made available through the SERVICES or otherwise by Inka Crops S.A., including any opinions, statements, advice, or other materials displayed, uploaded, or distributed on or through the SITES, and warranties relating to the performance, non-performance, or other acts or omissions of INKA CROPS or third parties.

FIFTH: INTELLECTUAL PROPERTY RIGHTS

Inka Crops S.A. promotes respect for intellectual property rights and therefore requires each USER to exercise the same respect.

In the event that Inka Crops S.A. receives notification that the USER has infringed its intellectual property rights, Inka Crops S.A. will immediately take the appropriate action it deems necessary against the USER and before the competent authorities.

All trademarks, logos, designs, trade dress, images, illustrations, and commercial notices are the intellectual property of Inka Crops S.A., its affiliates, or licensees.

The use or exploitation of the intellectual property of the SITES without the prior written authorization of Inka Crops S.A. is prohibited. All other names, brands, product and service names, logos, designs, images, and commercial notices contained on the SITES are the intellectual property rights of their respective owners or holders.

Any potential misuse of a third party's intellectual property rights may only be claimed by the legitimate owner or holder directly against the offending USER.

The USER must not infringe or violate any technological security measures that Inka Crops S.A. uses, activates, or may use or activate on the SITES. The same prohibition extends to the owners of the linked sites.

SIXTH:  LIMITATION OF LIABILITY

INKA CROPS, as well as its partners, directors, employees, or agents, shall not be liable for any damages—whether direct, indirect, incidental, or punitive—arising from errors or inaccuracies in the CONTENT; for damages affecting the USER's computer equipment or software as a result of accessing the SITE; for inability to access the SITE; nor for any disabling or alteration of the CONTENTS or the operation of the SITES and SERVICES, when such errors or impacts are caused by objective, justifiable, and unforeseeable events such as acts of God, force majeure, acts determined by third parties, or the negligence of the USER. If a court or other authority determines that any part of this section cannot be enforced, then liability will be limited to the greatest extent permitted by applicable law.

SEVENTH: LICENSES OF USE

7.1 Granted by INKA CROPS

Inka Crops S.A. grants a non-exclusive, personal, non-transferable, and free license to the USER who uses the application's software on mobile devices. The purpose of the license is to allow the USER to use the SERVICES of the SITES through the respective application.

Any costs that may result from the use or access to the application, in terms of the USER's telephone operator rates, are not borne by INKA CROPS.

7.2 Granted by the USER

The USER grants Inka Crops S.A. a non-exclusive, free, indefinite, irrevocable, sub-licensable, and transferable license to use, reproduce, disseminate, communicate, publish, or perform any other similar action necessary for the purpose and provision of the SERVICES on the SITES with respect to the data, information, or CONTENT that the USER has provided, uploaded, added, or shared on said SITE.

Likewise, THE USER grants Inka Crops S.A. express authorization to use their personal data for the purposes indicated in the "Purpose of the SITES" section of this document.

7.3 Third Party Content

To provide the CONTENT with information, data, images, videos, or any other media that contains third-party copyrights or any other intellectual property rights, the USER must have the corresponding license from the rights holder for use, reproduction, dissemination, communication, publication, and other similar purposes.

In the event that the USER does not have such a license, the USER acknowledges that he or she is solely responsible for any disputes that may arise due to the unauthorized use of the material in question, and is therefore obligated to compensate Inka Crops S.A for any damages, expenses, and costs that may arise as a result of the foregoing.

EIGHTH: OTHER PROVISIONS

8.1 Severability of the TERMS

In the event that any of the clauses contained in these TERMS are declared invalid or void by a judicial or administrative authority in accordance with applicable law, such invalidity shall apply solely and exclusively to that specific clause, provided that the remaining clauses or provisions shall remain valid and enforceable.

8.2 Term and Termination of the Services

8.2.1 Term. The TERMS, as well as the CONTENT of the SITES, are valid for an indefinite period of time.

8.2.2 Inka Crops S.A. reserves the right to terminate, suspend, or interrupt the SERVICES, in whole or in part, as well as to remove the CONTENT from the SITES at any time and without prior notice, when it deems it necessary for technical, commercial, legal, or security reasons.

However, such termination, suspension, or interruption will not affect the validity or fulfillment of previously agreed-upon transactions or contractual obligations assumed by Inka Crops S.A. prior to the date of interruption, including the delivery of products, contracted services, financial terms, or other commitments made to the USER in accordance with the TERMS in force at the time of the transaction.

 

8.3 Amendments and Updates

In order to promote continuous improvement of the SERVICES and CONTENT of the SITES, Inka Crops S.A. reserves the right to modify, update, or amend these TERMS at any time and at its sole discretion. The updated version shall be duly notified to the USER upon accessing the SITE, by prominently posting it on the home page and through the channels established in clause 2.2.

However, any purchase request made by the USER and duly validated in accordance with Inka Crops S.A.'s commercial procedures will be subject to the commercial TERMS and conditions in effect at the time of said transaction, including prices, product characteristics, delivery conditions, and other aspects reported during the purchasing process. INKA CROPS undertakes to fully comply with these conditions, and they may not be affected by any modifications subsequent to their validation.

NINTH: CIVIL, LABOR, COMMERCIAL, OR CRIMINAL LIABILITY

It is established that no labor, commercial, civil, criminal, or any other type of liability exists between Inka Crops S.A., its clients, or any other person interested in the SITES. Therefore, it is agreed that, from this moment forward, Inka Crops S.A., its partners, subsidiaries, or any other person in the organization are excluded from any liability that may arise from the use of the SITES and its consequences.