TERMS AND CONDITIONS
OF USE

Dear User, we ask you to carefully read the following Terms and Conditions of Use (hereinafter Terms and Conditions or T&Cs), which govern access, operation, display, use, and, in general, everything related to the Website: https://www.incatops.com/, owned by INCA TOPS S.A. (hereinafter INCA TOPS). If you do not agree, you must refrain from using this Website.

INCA TOPS reserves the right to change, modify, add, or remove portions of these T&Cs at any time. It is each user’s responsibility to review the following text to be aware of any modifications. Continued use of this Website after the publication of modifications will imply that the User accepts and agrees to them.

If the User purchases products through this Website, the Specific Terms and Conditions will also apply.

1. Use and Restrictions

Use of the Website implies the User’s acceptance of these Terms and Conditions of Use. Through the Website, the User may access and/or use various services and content that may be made available by INCA TOPS.

In order to improve the User’s experience or for operational reasons, INCA TOPS reserves the right to limit, suspend, or restrict access to all or part of the website, as well as to modify or discontinue its services and content, at any time and without prior notice.

The User agrees to use the Website exclusively for lawful purposes and in accordance with Peruvian law. Therefore, the User is prohibited from using it for the following purposes:

• Engaging in activities that violate any national law.
• Carry out ‘hacking’ activities, understood as any act or series of acts carried out over the Internet that involves the unauthorized elimination, appropriation, interference, damage, or partial or total extraction of information, money, or property belonging to third parties registered on the Internet for any purpose, including, but not limited to, causing damage or obtaining economic benefit for the person carrying out the act on behalf of third parties.
• Use of the Website as a means or instrument to commit fraud in any of its forms.

2. Intellectual Property

All content, trademarks, designs, graphics, logos, text, images, software, and any other material present on this Website are the exclusive property of INCA TOPS or its licensors and are protected by applicable intellectual-property laws.

Unauthorized use of any material contained on this Website may violate applicable intellectual property laws. It is strictly prohibited to reproduce, distribute, modify, publicly display, create derivative works, or otherwise use the content of this Website without the prior written consent of INCA TOPS.

Users of this Website agree to respect all intellectual property rights and not to take any action that may infringe such rights. Any unauthorized use of the materials on this Website may result in legal action and penalties from the appropriate regulatory body.

3. Permitted Uses

Access to and use of the services and content available on this Website are the sole responsibility of the User, who agrees to use them only in accordance with the functionalities enabled on the Website and within the limits established by these Terms and Conditions.

The User undertakes to make responsible and respectful use of the website and, therefore, must refrain from any conduct that violates morality, good customs, or the rights of third parties.

4. Quality of the services and content on this website

INCA TOPS strives to offer quality, useful, updated, and continuously available services and content through this Website. However, the User acknowledges and accepts that access to the Website and use of its features is at their sole risk. In this regard, INCA TOPS:

• does not guarantee that the services or content available will be free of errors, interruptions, or inaccuracies, or that they will meet the User’s expectations or particular needs. The content of the Website is for informational purposes only and may be modified or updated without prior notice.
• does not guarantee the uninterrupted availability of the Website or the absence of elements that could affect its operation, such as viruses, technical errors, or system or server failures. Notwithstanding the foregoing, INCA TOPS undertakes to make reasonable efforts to ensure the proper functioning and quality of the content offered, as well as to correct any failures detected as quickly as possible.
• INCA TOPS shall not be liable for any damage or loss of any kind that may be caused due to the lack of availability or continuity of operation of the website and/or its services and content.

5. Confidentiality

INCA TOPS undertakes to respect and protect the confidentiality of the personal information provided by Users through this Website, in accordance with the provisions of current legislation applicable to the protection of personal data in Peru.

All information that the User provides to INCA TOPS through the Website will be treated with the utmost confidentiality and will be used only for the purposes for which it was collected, in accordance with the provisions of our Privacy Policy (Website).

INCA TOPS will not share, disclose, or transfer such information to third parties without the User’s prior express consent, unless required by law, court order, or competent authority.

The User agrees to maintain the confidentiality of any information accessed through the Website that is not public and that may be subject to intellectual property rights or confidentiality agreements.

6.Cookies

This Website uses cookies and similar technologies to improve the User’s experience, facilitate navigation, analyse site usage, and offer personalized content or advertising based on the User’s interests. By using this Website, the User agrees to the use of cookies in accordance with our Cookie Policy.

7. Secret Codes and Confidential Numbers

Access to certain Website features may require the use of a personal account, secret code, or password. The User agrees to maintain the confidentiality of such information at all times.

• The User shall be solely responsible for maintaining the confidentiality of their card, account, secret code, and confidential number(s) with which they access the Website’s services and content, even if these are made by third parties who have accessed the Website using their password, unless there is evidence of misuse not attributable to their negligence.
• Transactions made on the Website using their card, account, secret code, and confidential number(s) reflect the User’s express will, which INCA TOPS will be deemed to have acknowledged when they receive acknowledgment indicating that INCA TOPS has accessed such information.
• The User agrees to exercise special caution when entering sensitive information, such as credit and debit card information. This information must be provided only through the secure channels enabled on the Website. INCA TOPS is not responsible for damages resulting from the entry of confidential data into unauthorized sites or through insecure means.
• INCA TOPS implements reasonable security measures to protect User information, but cannot guarantee the absolute security of online transmissions; therefore, the User assumes all risks associated with the use of digital media.

INCA TOPS will not share, disclose, or transfer such information to third parties without the User’s prior express consent, except as required by law or by order of a competent authority.

8. Modifications 

INCA TOPS reserves the right to modify these Terms and Conditions of Use at any time without prior notice. Any changes will be posted on this page and will become effective upon posting, unless expressly stated otherwise. 

Some services and content offered to Users through the Website are subject to specific conditions that replace, supplement, and/or modify these Terms and Conditions, and constitute specific rules that apply to certain services or features of the Website, such as promotions, lotteries, subscriptions, or limited-time offers. Consequently, the User should read these Terms and Conditions of Use carefully and, where applicable, the specific conditions detailed on the Website. It is the User’s responsibility to review periodically these Terms and Conditions of Use to stay informed of possible modifications. Continued use of the Website after the publication of changes constitutes express acceptance of the new terms. In the event that any modification is substantial and directly affects the User’s rights, INCA TOPS may, if deemed appropriate, notify the User of such changes through visible means on the Website or through other available communication channels. 

9. Applicable Law and Jurisdiction 

For the interpretation, compliance, and execution of these Terms and Conditions, the parties agree that the laws in force in the Republic of Peru will apply, expressly waiving any other jurisdiction or venue that may apply to them based on their present or future domiciles. In this regard, they submit to the exclusive jurisdiction of the Courts and Tribunals of Lima, Peru.