This document describes the general terms and conditions (hereunder, the “TERMS”) applicable to the access and use of the services offered by Inka Crops S.A. by any USER who gains access or uses the www.inkacrops.com website (hereunder, the “SITE”), mobile app or any other online service (collectively, the “SERVICES”) related to the TERMS, which shall regulate the access and use of the SITE or any other internet site belonging to Inka Crops S.A.
The products offered on the SITE, the services advertised by third parties, the pages that can be accessed from it, its use and/or the information downloaded from it depend on completely agreeing to the TERMS stated hereunder. Those who do not agree to the TERMS herein shall refrain from entering this SITE, whether directly or indirectly, and from using any information or service provided in it.
Creating an account on the www.inkacrops.com website is mandatory in order to gain access to the services available to Inka Crops users. Regarding the web, it is not necessary to register to gain access to www.inkacrops.com; however, there is a contact section where users may enter their personal data to ask questions.
1. USER AGREEMENT
As stated above, the USER agrees to the TERMS from the moment it enters the SITE and stays in it. If the USER does not agree to them, he/she shall inmediately leave the SITE, and thus may not gain access to the SERVICES nor CONTENT within.
In other words, to get products and services offered on this site, it is necessary to agree to the TERMS, as well as register as a user. The TERMS shall be considered as understood and accepted by simply registering and/or entering the SITE, which will include a clear statement by the user on his/her knowledge of the current conditions of use.
1.2 USER RIGHTS AND OBLIGATIONS
The USER shall have all the rights recognized by law in regards to current personal and consumer data protection in the territory of Peru, besides those granted in these TERMS. These include the ARCO rights for personal data.
Every USER shall use the SERVICES and CONTENT of the SITE only for the purposes of the SITE. Otherwise, the USER shall be deserving of the sanctions that INKA CROPS deems necessary in relation to entering the SITE, as well as any legal actions that INKA CROPS may take or file against the USER on administrative, criminal and/or civil grounds.
The USER may not use the information and CONTENT of the SITE for the following actions, which include but are not limited to:
a. Taking on a fake identity;
b. Sending, reproducing, providing or presenting fake or fraudulent information through the SERVICES;
c. Posting information that goes against the purposes of the SITE;
d. Using the SITE to advertise products or services of any type without the express authorization of INKA CROPS;
e. Modifying CONTENT information;
f. Any other similar action that goes against the purposes of the SITE.
Every USER may gain access to the SITE and CONTENT displayed on it.
2. CHANGE OF TERMS OR SERVICES
2.1 INKA CROPS may at its own discretion review, modify or update the TERMS on a periodical basis.
2.2. INKA CROPS shall notify the USER, as it deems convenient, about the changes made so that the USER may review them.
2.3. Changes made shall become effective inmediately upon their publication and shall apply to all SERVICES.
2.4. INKA CROPS may modify, suspend or discontinue any aspect of the SERVICES at any time, including the availability of any feature, database or content in the SERVICES, to which end the USER shall be informed within 24 hours prior to said suspension.
3. PURPOSE OF THE SITE
The purpose of the SITE is for USERS to gain access to its CONTENT, which includes but it is not limited to product and/or service offers, company information, news, images, videos, reviews, music, etc.; and to interact with INKA CROPS in relation to products and/or services offered, request products and services, or buy said products and services. The aforementioned CONTENT includes what both INKA CROPS and the USER share with it.
It is strictly forbidden for the USER to use the SITE for any purpose other than the one established, as well for any actions that go against the applicable law, the provisions in these TERMS, public order, or actions that damage INKA CROPS in any way, whether directly or indirectly.
4.1 SITE CONTENT use
Ths USER undertakes to not disable or interfere with the functions of the SITE, both in terms of security and its CONTENT. Likewise, the USER acknowledges that he/she enters the SITE under his/her strict responsibility, and thus INKA CROPS shall not be held accountable for any damage, malfunction or problem that may arise in the equipment or computer program used by the USER to enter the SITE.
The USER, whether registered or not, acknowledges that using and entering the SITE does not grant him/her any intellectual property rights over it, its CONTENT, or any of its elements, except when strictly provided under the premise that he/she owns the corresponding rights. Likewise, the USER is obliged to not copy, reproduce, disseminate, or use the CONTENT in any way, whether for profit or not, to manipulate or modify its brands, information, commercial ads, images, videos or any other element of the CONTENT.
4.2 CONTENT provided by the USER
4.2.1 Proprietary content
INKA CROPS acknowledges the USER as the owner of the intellectual rights of the his/her own CONTENT. However, upon submitting, posting, adding or providing it as part of the CONTENT through the SERVICES of the SITE, the USER grants INKA CROPS a non-exclusive, perpetual, irrevocable, free, sub-licensable and transferable licence to use, reproduce, disseminate, post, communicate and transform it into derivative works related to INKA CROPS SERVICES and SITE.
Likewise, the USER grants other SITE users a non-exclusive license to access his/her proprietary CONTENT, as long as it is done through the SERVICES and for their purposes.
The USER agrees that the proprietary CONTENT provided to the SITE through the SERVICES shall be regarded as non-confidential. By providing proprietary CONTENT, the USER agrees to exhibit, disseminate, and post said content on the SITE and SERVICES.
The USER is aware of the fact that the information he/she provides may be used to provide him/her with services or products, so the USER is strictly responsible for any error in the information provided that prevents INKA CROPS from providing him/her with the proper service or sale, releasing INKA CROPS from any responsibility that may arise.
INKA CROPS has the power to remove or delete the proprietary CONTENT submitted by the USER as deemed appropriate and at its own discretion.
The CONTENT provided by the USER shall not:
220.127.116.11 Include defamatory, obscene, indecent, pornographic, stalking, abusive, offensive, violent, hate-related, suspicious or illegal material.
18.104.22.168 Violate any patents, brands, trade secrets, copyrights or other intellectual property, or any other third-party rights.
22.214.171.124 Deceive other USERS or INKA CROPS.
126.96.36.199 Flaunt any relationship or support from INKA CROPS or third parties should it be not true.
188.8.131.52 Deliberately interrupt conversations with repetitive, meaningless messages or spam.
4.2.2 Third-party content
The USER agrees to not add, provide, post, or reproduce any information or content protected by copyrights or any other intellectual property rights without the corresponding authorization from the title holder.
If not, the USER acknowledges and expresses his/her consent, by agreeing to the TERMS herein, to hold INKA CROPS harmless of any judicial, extrajudicial, administrative, civil, criminal, or particular claim that may be filed due to the improper use of information subject to intellectual rights. The USER undertakes to cover the expenses, damages, and losses of INKA CROPS derived from the legal actions that take place.
The USER is the sole responsible of his/her own CONTENT. INKA CROPS is unable to review each CONTENT contribution provided by the USERS; therefore, INKA CROPS is not responsible for them. Likewise, INKA CROPS is exempt from any responsibility related to the CONTENT provided by each USER.
It is strictly forbidden to provide, upload, add – or do anything similar – programs, data, files, information, and in general any data that may damage the SITE or the devices – of any king – used by the USERS to access the SITE or its SERVICES.
4.4 Exclusion of guarantee and liability
The USER declares, guarantees and agrees that any type of material submitted through his/her account shall not:
The USER hereby indemnifies, defends, and holds INKA CROPS harmless, as well as all officers, directors, owners, agents, information suppliers, affiliates, licensors and licensees, of and against any and every responsibility and cost, including, but not limited to the reasonable attorney fees incurred by each one of them in relation to any claim arising from any USER incompliance or that of any third party using his/her account, or from the aforementioned statements and guarantees.
4.4.1 The SERVICES and CONTENT are provided “as is”, so INKA CROPS is unable to guarantee uninterrupted or error-free SERVICES.
There may be delays, omissions, interruptions, or inaccuracies in the CONTENT, information, or other materials available through the SITE.
INKA CROPS is exempt from any statement or guarantee to the fullest extent permitted by law.
The USER uses the SERVICES and any CONTENT available through them at his/her own risk.
4.4.2 INKA CROPS is exempt, to the fullest extent permitted by law, from any and every:
184.108.40.206 Commercial guarantee for a specific purpose;
220.127.116.11 Guarantee against third-party intellectual property right or property right violations;
18.104.22.168 Guarantee related to the accuracy, reliability, punctuality, or integrity of the information available to the SERVICES, or INKA CROPS otherwise, including any opinion, statement, advice, or other material shown, uploaded, or distributed on the SITE, or made available through it, and the guarantees related to performance, nonperformance, or other actions or omissions by INKA CROPS or third parties.
5. INTELLECTUAL PROPERTY RIGHTS
INKA CROPS promotes respect to intellectual property rights, thus requiring every USER to exercise the same culture of respect.
In the event that INKA CROPS receives a notification stating that the USER violated intellectual property rights, INKA CROPS shall inmediately take the appropriate actions it deems necessary against the USER before the competent authorities.
All the trademarks, logos, designs, commercial images, images, and other commercial ads are the intellectual property of INKA CROPS, its affiliates, or its licensees.
It is forbidden to use or exploit the intellectual property of the SITE without prior written authorization from INKA CROPS. The intellectual property of every other name, brand, product and services name, logo, design, image and commercial ad included in the SITE belongs to their corresponding owners or title holders.
Any possible misuse of third-party intellectual property rights may be claimed directly from the offending USER only by their legitimate owner or title holder.
The USER shall not infringe or violate any technological measure of the security mechanism that INKA CROPS uses, enables, or may use or enable on the SITE. The same prohibition goes for the owners of linked sites.
6. LIMITATION OF LIABILITY
INKA CROPS, its partners, managers, employees or agents are not, nor shall be responsible for any damage, whether directly or indirectly, incidental or punitive, derived from errors or inaccuracies in the CONTENT; damage to the USER’s equipment or computer program as a result of entering the SITE; inability to access the SITE; third-party behaviors; offensive, defamatory, or illegal acts by third parties or the USER; disabling or altering the CONTENT or operations of the SITE, SERVICES, and other similar ones. In the event that a court or other authority resolves that any part of this section cannot be executed, the liability shall then be limited to the highest extent allowed by applicable laws.
The USER agrees that it shall not take any legal or economic action against INKA CROPS under any circumstance.
7. USAGE LICENSE
7.1 Granted by INKA CROPS
INKA CROPS grants a non-exclusive, personal, non-transferable and free of charge license to the USER who uses the computer program of the app in mobile devices. The purpose of the license is to allow the USER to use the SITE SERVICES through the corresponding app.
The costs that the USER may incur for using or entering the app in regards to phone operator rates are not related to INKA CROPS.
7.2 Granted by the USER
The USER grants INKA CROPS a non-exclusive, free, indefinite, irrevocable, sub-licensable and transferable license to use, reproduce, disseminate, communicate, post or any other similar action necessary for the purpose and provision of the SERVICES on the SITE, regarding the data, information or CONTENT provided, uploaded, added or shared by the USER on said SITE.
Likewise, the USER grants INKA CROPS express authorization to use its personal data for the purposes indicated in the "Purpose of the Site" section of this document.
7.3 Third parties
To provide CONTENT with information, data, images, videos or any other media subject to third parties’ COPYRIGHTS or any other intellectual property rights, the USER shall have the corresponding license from the rights holder for its use, reproduction, dissemination, communication, publication and other similar actions.
In the event that the USER does not have said license, it acknowledges that it is solely responsible for the controversies that may arise due to the unauthorized use of the material in question, so the USER is obliged to cover the damages, expenses and costs in which INKA CROPS may incur derived from the foregoing.
8 OTHER PROVISIONS
8.1 Severability of TERMS
In the event that any of the clauses contained in these TERMS is declared invalid or null by the judicial or administrative authority in accordance with the applicable legislation, said invalidity shall apply solely and exclusively to the specific clause, understanding that the remaining clauses or provisions shall remain in force and enforceable.
8.2 Validity and termination of SERVICES.
8.2.1 Validity. The TERMS, as well as the CONTENTS of the SITE, have an indefinite duration.
8.2.2 INKA CROPS has the power to terminate, suspend or interrupt the SERVICES, as well as to withdraw the CONTENTS of the SITE at any time and without prior notice.
8.3 Amendments and updates
In order to continuously improve the SERVICES and CONTENT of the SITE, INKA CROPS reserves the right to modify or amend these TERMS at its discretion. The updated version shall be notified upon entering the SITE, within the main page, so INKA CROPS recommends every USER to periodically visit the SITE.
9. CIVIL, LABOR, COMMERCIAL AND CRIMINAL LIABILITY
It is established that there is no labor, commercial, civil, criminal or any other kind of liability between INKA CROPS, the clients or any other person interested in the SITE, so it is agreed that, from this moment, INKA CROPS, its partners, subsidiaries or any other person in the organization is excluded from any liability that may arise from the use of the SITE and its consequences.