Terms and Conditions of the Digital Ecosystem of LAP and its digital and physical platforms
Welcome to the digital services of LIMA AIRPORT PARTNERS S.R.L. (LAP) called the "Digital Ecosystem."
Your Relationship with the Digital Ecosystem
- By using the products, software, and services accessible through LAP's digital platforms (the "Services"), you agree to be bound by the terms and conditions outlined in this document (the "Agreement"). Your prior acceptance of these Conditions implies voluntary and express acceptance of everything detailed in these clauses.
- Unless you and LAP establish otherwise in writing, the Agreement will always include, at a minimum, the terms and conditions stipulated in this document ("Universal Conditions").
- The Agreement will also include the terms of any legal notice applicable to the Services, which may be published from time to time on LAP's platforms ("Additional Conditions"). Whenever a Service is governed by the Additional Conditions, you can read them in the designated space within the Service or through it.
- The Universal Conditions, together with the Additional Conditions (collectively, the "Conditions"), constitute the legally binding Agreement between you and LAP regarding your use of the Services. We recommend that you read them carefully.
- In case of any inconsistency between the Additional Conditions and the Universal Conditions regarding the Service, the provisions of the Additional Conditions shall prevail.
Acceptance of the Conditions
- Before using the Services, you must first accept the Conditions; otherwise, you will not be able to use them.
- To accept the Conditions, you have several options: (a) Click to accept the Conditions, where LAP offers this option in the user interface of the Service(s) in question on the channel used by the user; or (b) use the Services themselves. In that case, LAP will assume that you accept the Conditions when you start using the Services.
- You may not use the Services or accept the Conditions if: (a) you are not of legal age to enter into a binding agreement with LAP, or (b) if you have been deprived of or had your legal capacity to use the Services restricted under Peruvian law or the laws of any other country, including your country of residence or the country from which you use the Services.
- Before proceeding, we recommend that you read or print the Universal Conditions or save a copy of them.
- The user acknowledges and accepts that LAP will restrict access to LAP's digital platforms in the event that it is verified that the account user is engaged in operations that constitute a suspicious or unlawful transaction, as a result of which LAP is authorized to restrict the user's access.
Provision of Services by LAP
- LAP is constantly innovating to offer the best possible experience to its users. By accepting these Conditions, you acknowledge and agree that the content and nature of the Services provided by LAP may vary from time to time without prior notice.
- As part of this ongoing innovation, you acknowledge and agree that LAP may suspend, either permanently or temporarily, the Services or any of the features included in them for you or for users in general, at LAP's discretion and without prior notice. You may discontinue your use of the Services at any time. You do not need to inform LAP of this.
- By these Conditions, you acknowledge and agree that if LAP partially or completely disables access to your account, you may not be able to access the Services, your account information, and/or the files or other content within it, and LAP assumes no responsibility for such a decision.
- You acknowledge and agree that while LAP may not have set limits on the number of transmissions to send or receive items through the Services or on the amount of storage space available for the provision of any of the Services, LAP reserves the right to set limits on these at any time and at its absolute discretion.
Use of the Services
- In order to access certain Services, you may be asked for personal information, such as identification and contact information, as part of the registration process for the Service or as part of continued use of the Services. You represent that any registration information you provide to LAP will be true, accurate, correct, and current.
- You agree to use the Services exclusively in accordance with (a) the Conditions and (b) any applicable law or regulation, or any accepted practices or guidelines in the relevant jurisdictions, including any law relating to the export of data or software to or from Peru or any relevant country.
- An "interface" refers to the platforms offered by LAP to you and personalized for the use of the Services. You agree not to access or attempt to access any of the Services by any means other than the interfaces provided by LAP, unless otherwise agreed in a separate written agreement between you and LAP. You also agree not to access or attempt to access any of the Services using automated means, including scripts or web crawlers, and you will ensure compliance with the instructions provided in any files related to the Services.
- You also agree not to engage in any activity that interferes with or disrupts the Services or the servers and networks connected to them.
- Unless otherwise stipulated in a separate written agreement between LAP and you, you agree not to reproduce, duplicate, copy, sell, trade, or resell the Services for any purpose. It is expressly clarified that the unauthorized commercial reproduction and exploitation of the content of LAP's platforms constitutes a violation of LAP's industrial and intellectual property rights.
- By these Conditions, you agree that you are solely responsible, and LAP disclaims all liability to you or any third party, for any breach of your obligations under the Conditions and the consequences, including any loss or damage that you may cause to LAP, arising from such breach. LAP also reserves the right to disable your access to the Services in the event of repeated violations of these Conditions, which you acknowledge and agree.
Passwords and Account Security
- Under this Agreement, you acknowledge and agree that you are solely responsible for maintaining the confidentiality of your passwords associated with any of the platforms you use to access the Services.
- As a result, you agree that you will be solely responsible to LAP for all activities that occur on your account.
- You will immediately notify LAP of any unauthorized use of your password or account that you become aware of; otherwise, LAP assumes no responsibility for the use or misuse of your password, as any action taken using your password will be deemed to be carried out by you unless there is communication to the contrary.
- You acknowledge that LAP may deny you access to any of the accounts you use to access the Services and/or disable access or a user if it detects improper use of the Services, the platform, access to them, and/or any term defined in these Conditions, referring to the use, operation, and content of the Services and the proper execution of the Conditions.
Personal Information and Privacy
- Under this Agreement, you acknowledge that all information, such as data files, written text, software, music, audio files, or other sounds, photographs, videos, or other graphic materials, that you access as part of the Services or through the use of the Services, is the sole responsibility of the person who created such content ("Content").
- The Content offered as part of the Services, including, among others, advertisements that appear on the Services and sponsored Content, may be protected by intellectual property rights owned by the sponsors or advertisers providing such Content to LAP, or owned by other individuals or companies on their behalf. Unless LAP or the owners of such Content expressly authorize otherwise in a separate written agreement or in another manner established by LAP, you agree not to modify this Content, replicate it for sale, assignment, or distribution, or create derivative works based on it, either in whole or in part.
- You agree that you are solely responsible, and LAP disclaims all responsibility to you or any third party, for all the Content you create, transfer, or post while using the Services, as well as the consequences of your actions.
Intellectual Property Rights
- Under this Agreement, you agree that LAP or its licensing providers own all rights, titles, and interests associated with the Services, including all intellectual property rights that act upon them, whether or not such rights are registered. You also acknowledge that the Services may contain information considered confidential by LAP, and you agree not to disclose such information without the prior written consent of LAP.
- Unless otherwise agreed in writing with LAP, none of the provisions of the Terms grants you the right to use, reproduce, distribute, modify, exploit, transfer, display, sell, license, and so forth, in whole or in part, the names and trademarks of LAP, its service marks, logos, through any known or to-be-developed medium, especially but not limited to the internet or any medium or platform created or to be created in the future, whatever its purpose.
- In case you are explicitly granted the right to use any of these trademark features through a separate written agreement between you and LAP, you agree that the use of such features complies with the relevant agreement and with any applicable provisions of the Terms and guidelines for using LAP's brand elements, which may be modified periodically. These guidelines can be consulted at the URL provided by LAP for this purpose.
- You agree not to delete, hide, or alter intellectual property credits, including copyright and trademark notices, both included in the Services and provided as part of them. In this sense, you may not at any time register, have registered, or use, in your name or that of a third party, any trademark, design, logo, image, slogan, name, concept, and similar, including, without limitation, those that are similar or identical to those listed, and even after the termination of the relationship arising from these Terms.
- Unless LAP has expressly granted you written authorization, you agree that, while using the Services, you will not use any trademarks, service marks, trade names, or logos of any company or organization in a manner that would cause confusion about the owner or authorized user of such marks, names, or logos.
- You shall not violate the intellectual property rights of third parties through the use of LAP's Digital Ecosystem platforms. LAP reserves the right to cancel your access to the Services if it detects any infringement of intellectual property rights on your part, whether by LAP or third parties.
Use of LAP's Digital Ecosystem Digital Platforms
- LAP allows the user to use the digital platforms provided by LAP as part of the Services (hereinafter, the "Software"). This permission to use is granted solely for the purpose of enabling you to use the Services offered by LAP and benefit from them as stipulated in the Terms.
- Copying, modifying, decompiling, or attempting to extract the source code of the Software in whole or in part, or creating derivative works or reverse engineering it, or allowing a third party to do so, is prohibited unless the law permits or requires it, or unless LAP grants such rights to you in writing.
- Unauthorized commercial reproduction and exploitation of the Software provided by LAP are prohibited, and LAP reserves the right to terminate the Service and request the corresponding indemnification if it is found that you have breached the use of such Software.
- Your data may be processed by third parties, both nationally and internationally, on behalf of LAP to fulfill the purposes described above: National Authorities, Hosting Providers, Contact Center Service Providers, Consultancy Service Providers, and Technology Providers.
- The Software used may automatically download and install updates provided by LAP. These updates are designed to improve, optimize, and enhance the Services and may come in the form of fixes, enhanced features, new software modules, and entirely new versions. You agree to periodically receive such updates and allow LAP to provide them as part of these Services.
Limitation of Liabilities
- LAP, its shareholders, managers, officers, and licensing providers shall not be liable to you for: (a) Any direct or indirect damages you may incur, including, among others, any monetary loss, whether direct or indirect, any loss of professional reputation or business reputation, any loss of data on your part, expenses for obtaining substitute goods or services, or other intangible losses. (b) Any loss or damage that you may incur, including, among others, losses or damages arising from: (i) Advertising or as a result of any relationship or transaction between you and another advertiser or sponsor whose advertising appears in the services; (ii) the changes LAP may incorporate into the services or the temporary or permanent interruption of these or any of their functions; (iii) the deletion or damage of content and other disclosure data hosted on the services or offered through them, as well as the inability to store them; (iv) the inability to provide LAP with accurate account information; (v) negligence in failing to preserve your password or account information securely and confidentially, or in providing that information to third parties of your own accord; (vi) the disabling of service use as a result of improper use of the services or the content and/or software provided to you by LAP.; (vii) in the case of outbound flights, LAP is solely and exclusively responsible for informing the flight status until a gate is assigned to the flight; from then on, the airline is responsible for changing the flight status and informing LAP of the change, so in case the airline does not make the status change, it is not and will not be LAP's responsibility to inform the passenger of the change, so any case of missed flights due to not receiving the status change is the passenger's sole responsibility.
- The Services may include hyperlinks to other websites, content, or Internet resources. LAP has no control over the resources and websites provided by third parties unrelated to LAP.
- You acknowledge and agree that LAP is not responsible for the availability of such websites or external resources and does not endorse the advertising, products, or other materials provided on or through the websites or resources in question, nor is it responsible for them.
- You acknowledge and agree that LAP is not responsible for any losses or damages caused by you or the third parties you use as a result of the availability of such websites or external resources, or as a result of the reliance you place on the completeness, accuracy, or existence of advertising, products, or other materials provided on the websites or resources in question or through them.
Changes in the Terms
- LAP may make changes to the Terms, or their components, as it deems appropriate. LAP will include the new version of the Universal Terms and provide the Additional Terms on the corresponding Services or through them.
- You acknowledge and agree that if you use the Services after the relevant changes to the Universal Terms and Additional Terms have been incorporated, LAP will assume your acceptance.
Condiciones Legales Generales
- Es posible que, como consecuencia del uso de los Servicios o de acciones realizadas a través de estos, en algunas ocasiones utilice un servicio, descargue un programa o adquiera productos proporcionados por otra persona o empresa diferente de LAP o el tercero que este designe. El uso que haga de ellos estará sujeto a otros términos establecidos entre la persona o empresa o tercero en cuestión y usted. En ese caso, las Condiciones no afectarán a la relación legal que establezca con estas otras personas o empresas o terceros.
- Las presentes Condiciones constituyen el Acuerdo legal completo entre LAP y usted, rigen el uso que usted haga de los Servicios, sin incluir los servicios que LAP le ofrezca en virtud de un acuerdo por escrito independiente, y sustituyen cualquier acuerdo previo entre LAP y usted relativo a los Servicios.
- Usted acepta que LAP puede proporcionarle avisos, incluidos los relativos a cambios en las Condiciones, a través del correo electrónico, correo postal o mediante su publicación en los Servicios.
- Usted acepta que, si LAP no ejerce ninguna acción legal o presenta reclamo por incumplimiento a lo estipulado en las Condiciones o de los que LAP pueda beneficiarse en virtud de alguna ley aplicable, se interpretará como que ello no supone una renuncia legal de los derechos de LAP y que LAP seguirá disponiendo del derecho a ejercer las acciones legales que le beneficien.
- Si un juzgado o tribunal competente para decidir sobre el asunto, emite fallo que considera inválida o nula alguna de las disposiciones contenidas en las Condiciones, dicha disposición será eliminada, sin que ello afecte la validez o vigencia del resto de las mismas.
- Las Condiciones de servicio y la relación surgida entre LAP y usted por virtud de estas se regirán por las leyes de la República de Perú. LAP y usted aceptan someterse a la jurisdicción exclusiva de los tribunales de Lima-Cercado para resolver cualquier asunto legal derivado de estas Condiciones.