PUBLIC AGREEMENT
ON USE OF INCUST INFORMATION SYSTEM

Effective Date: December 1, 2017

1. CONTRACTUAL RELATIONSHIP

This Public Agreement (“Agreement”) is executed between inCust Ltd. (“Company”), with its principal place of business located in London (United Kingdom) and Customer (“Customer,” “you,” and “your”), and governs your access and use of the “inCust” Information System offered by the Company.

This Agreement constitutes a binding agreement between the Customer and the Company. The Customer and the Company together shall be referred to as “Parties”. This Agreement represents the Parties’ entire understanding regarding the use of the Information System and shall govern over any prior oral or written agreement, or discussions, or different additional terms, or conditions of any other non-Company ordering document.

Our collection and use of personal information in connection with this Agreement are done as provided in inCust Privacy Policy located at the Company website.

2. GENERAL TERMS

Customer – a natural person who is 18 years old or elder, who has a full legal capacity, which gives their consent for usage of Information system and provides all necessary information, related to usage of inCust loyalty program capabilities and benefits.
Merchant – a legal entity, duly incorporated under the respective laws, which concluded the Service Agreement with the Company about the use of the Information System to keep customer data, keep track of customer purchases and calculate the amount of customer savings and bonus points expenditure, keep customers’ discounts data as well as information about the use of coupons when Customers make Purchases from such Merchant.
«inCust» loyalty program – the loyalty program, which is administered by the Company and allows Customers to accumulate and spend bonus points, discounts, receive and use coupons when shopping from the respective Merchant, using the Information System, according to the terms agreed by the Parties.
Loyalty program – a set of rules and conditions that define accumulation and usage of bonus points, discounts, obtaining of coupons while shopping from Merchants and other services, provided by Merchants, the terms of which are defined by these Merchants in the Business Control Panel.
Business Control Panel – a web page on the Company website where the Merchant can setup and run the loyalty program, receive itemized reports as well as replenish the account, choose the service plan and define other conditions proposed by the Company for Merchants’ use of inCust service.
Customer Control Panel – a web page on the Site, where Customers can view the Loyalty Programs, in which they participate, view their bonus point balance, manage notifications, add and manage coupons and certificates, and perform other activities, related to Customer’s use of the inCust service.
Software – a set of instructions in the form of words, digits, codes, schemes, symbols or any other form, expressed in a computer-readable form, that enable it to achieve a certain goal or result.
Database – a properly systematized aggregate of data in the form, readable with the Software.
inCust information system/ Information System – an aggregate of Software and databases, the use of which allows Merchants to keep customer data, keep track of customer purchases and calculate the amount of customer savings and bonus points expenditure, keep customers’ discounts data as well as information about the use of coupons.
inCust mobile app for Customers – the part of Information System, installed on the handheld or mobile PC, smartphone, tablet or laptop, which allows participants to get information related to purchases made by Customers, accumulated and spent bonus points, received discounts, received and used coupons, as well as receive push notifications.
inCust Register – the part of the Information System that allows access and use of the Information System by the sales personnel of Merchants, which is installed on the handheld or mobile PC, smartphone, data collection terminals, tablet PCs, laptop or placed on the Internet, and access to which is provided from a personal computer or any other equipment of Merchants that interacts with other systems of Merchants at the respective points of sale (cash, accounting or any other system).
inCust Kiosk, inCust LoginPad – the parts of the Information System that allow self-authentication, access and use of the Information System by Customers of Merchants, and which are installed on the tablet devices or laptop computers at the Merchants’ Points of Sale.
Point of sale (POS) – store, pavilion, supermarket and other commercial premises or place or the place of the rendering of customer services or online store at the Merchant site where at least one inCust Register is located or used and where customer service operations that involve inCust loyalty program are conducted.
Goods – merchandise, works and services that can be purchased from Merchants.
Purchase – the process of buying Goods, offered by Merchants, by Customers.
Bonus Points – deferred discount data to be accumulated and used by Customers during consequent purchases that is provided to Customers by Merchants while making purchases using the Information System.
Fixed bonus points – bonus points that do not expire and are not limited by the minimum total sum of purchase, in which they can be spent.
Promotional bonus points – bonus points that are limited in time or by the minimum total sum of purchase, in which they can be spent, or limited by other terms of use as agreed by the Merchant and the Company.
Discount – direct reduction of the charged price, provided by Merchants to Customers, when they purchase Goods using the Information System.
Coupon – information about the possibility to obtain the incentive offered by Merchants in the form of Goods offered at a privileged price, additional bonus points or discounts credited when purchasing Goods, other benefits, as agreed by Merchants and the Company, using the Information System.
Operation – accumulation or spending of customer bonus points, obtaining (usage) of Discounts or Coupons that is conducted with the Information System when Goods are sold by Merchants.
Cell phone number – a valid cell phone number, which is the primary identifier of a Customer in the Information System.
inCust card – a plastic card, which is used to identify Customers in the Information System, and is digitally bound to a Customer’s cell phone number.
inCust virtual card – a unique data entry in the inCust mobile app for customers and in the Information System, which could be read by means of software and hardware to identify a Customer in the Information System and is attached to a Customer’s cell phone number.
Site – shall mean the following website: incust.com, my.incust.com, myincust.com, business.incust.com, and other sites that belong to or are operated by the Company.
inCust partner – a legal entity or individual, which concluded the Service Agreement with the Company.
Advertising partner – a legal entity or individual, which concluded the agreement with Company, different from the Service Agreement, and which allows the Company and inCust Partners to place trademarks, graphic and text materials that belong to Advertising partner, on the electronic and physical media of the Company in the course of operations of inCust Services, or where an Advertising partner may place trademarks, graphic and text materials that belong to the Company and inCust Partners, on electronic and physical media of such Advertising partner, as defined by the terms of the above mentioned agreement.

3. SUBJECT OF THE AGREEMENT

3.1. The subject of this Agreement are the relations between the Company and the Customer regarding the participation of the Customer in the Loyalty programs powered by the Information System and usage of the Information System by the Customer for collection and spending of Bonus Points, Discounts, obtaining and using Coupons when Purchasing from Merchants. Upon acceptance of this Agreement, the Customer joins the “inCust” Loyalty program.

3.2. The Company engages Merchants to use the Information System that provides Customers with the ability to accumulate Bonus points while doing Purchases from Merchants and spend these Bonus Points during following Purchases from the same Merchant, and/or receive Discounts and/or obtain and use Coupons. Bonus Points accumulated by the Customer at the Merchant’s Points of Sale can only be spent/used by the Customer while Purchasing from the same Merchant.

3.3. Each Merchant determines its terms and conditions for Customers’ participation in the Loyalty Program, given that such terms and conditions don’t contradict to the terms of this Agreement. In particular,
– the Merchant may provide Customers with ability to accumulate and spend Bonus Points (Fixed bonus points, Promotional bonus points) and/or receive Discounts and/or receive or use Coupons;
– the Merchant may set different kinds of terms and restrictions regarding Operations (the type of goods, the sum of the Purchase and the amount of Bonus Points that can be spent, place of Purchase, etc.).

4. PROCEDURE OF CONCLUDING THE CONTRACT

4.1. Each Party represents and warrants to the other Party that it owns all necessary rights and sufficient authority for the conclusion and performing of this Agreement.

4.2. Any natural person that has full legal capacity under the laws of England, UK, and the country of residence and a valid Cell phone number can become the Customer under this Agreement.

4.3. The Valid version of this Agreement is published on the Site. Customers must familiarize themselves with the terms of the Agreement before accepting and concluding it. Acceptance of this Agreement is deemed as the full and unconditional consent of the Customer to conclude this Agreement on the terms stated herein without any limitations.

4.4. This Agreement may be concluded using one of the following methods:

4.4.1. Download and installation of the inCust mobile app for customers on the Customer’s mobile device.

4.4.2. Providing the Cell phone number (and, if necessary and if technically possible – provision of the e-mail address and other personal data) to the Merchant at the Point of Sale of the Merchant.

4.4.3. Acceptance of the terms of this Agreement by the Customer by entering the single-use password into the Information System using inCust Register (with help of the Merchant’s salesperson), inCust Kiosk, inCust LoginPad, the Site, or the Point of Sale of the Merchant. The single-use password is generated by the Information System in order to register the Customer in the Information System and sent to the Customer as an SMS message to the provided Cell phone number alongside with the link directing to this Agreement, posted on the Site. After the single-use password is successfully entered and accepted by the Information System, the Agreement is concluded, the Customer is registered in the Information System with their Cell phone number and has the ability to perform Operations.

4.4.4. Filling and signing the customer questionnaire, which contains the link to this Customer Agreement and the statement about the conclusion of this Agreement.

4.5. This Agreement is concluded and becomes effective upon the acceptance by the Customer and is valid until the termination of the Agreement on the grounds specified herein.

4.6. The place of conclusion of this Agreement is the location of the Company.

4.7. The conclusion of the Agreement constitutes that:

  • The Customer has read and agreed to all of the terms of the «inCust» loyalty program and the terms of use of the Information System.
  • The Customer provides the Company with consent for processing their personal data and Customer information on the terms stated in this Agreement.

4.8. The Customer accepts the terms and conditions set by the Merchant for its Loyalty Program by providing the Merchant’s representative with the Cell phone number or the inCust card for the purpose of performing the first Operation with Bonus points or Coupons, or receiving a Discount, while purchasing Goods from the Merchant using the Information System. In the process of performing such Operation, the Merchant is obliged to offer the Customer the option to familiarize themselves with this Agreement and the Terms and Conditions of the Merchant’s Loyalty Program in the way suitable for the Merchant and prospective Customers.

5. «INCUST» LOYALTY PROGRAM CONDITIONS AND USE OF THE INFORMATION SYSTEM

5.1. The Company ensures the functioning of the Information System, and therefore allows Customers to use some or all of the following Operations while making purchases from Merchants:

  • operations related to accumulation of Bonus points by Customers;
  • operations related to spending of Bonus points by Customers;
  • operations to obtain Discounts;
  • operations to obtain Coupons;
  • operations to use Coupons;
  • operations to transfer Coupons to other Customers that are registered in the Information System.

5.2. In the case of return of the Goods, purchased from Merchants using Bonus points, Coupons, or Discounts, when such return is performed by the Customer in accordance with the applicable laws regarding consumer protection, the Customer receives back the Bonus Points, Coupons or Discounts used when buying Goods.

5.3. In the case of return of the Goods, purchased from Merchants with accumulation of Bonus points, Coupons or Discounts, when such return is performed by the Customer in accordance with the applicable laws regarding consumer protection, such accumulated Bonus Points, Coupons or Discounts are withheld from the Customer.

5.4. In the situation when Bonus points, Coupons or Discounts are provided by mistake, the Merchant has the right to contact the Company in order to correct such Operation. The Company is not responsible and bears no liability for providing such correction.

5.5. The Company is not considered a party in the Purchase operations (purchase of goods, provision of services) between the Customer and the Merchant, is not liable for legitimacy of such Operations, their conditions and consequences, does not consider the claims of the Customer regarding non-performance (improper performance) of duties and obligations of the Merchant, including, but not limited to obligations to transfer Goods, provide services, perform work.

5.6. The information regarding the amount of accumulated Bonus Points, received Coupons, performed Operations and other information regarding usage of the Information System by the Customer is collected and stored by the Company in the database of the Information System during the term of the Contract.

5.7. The information regarding technical capabilities of the Information System, and other terms of performing Operations is located on the Site.

5.8. The Procedure and conditions of performing Operations that result in accumulation of Bonus Points by the Customer:

5.8.1. Accumulation of Bonus points by the Customer means capturing and storing the information regarding the deferred discount provided by the Merchant to the Customer while doing Purchases with the Information System. The Customer is identified in the Information System by their Cell phone number.

5.8.2. The rate of the deferred discount provided by the Merchant is reported to the Customer by the Merchant or by other means.

5.8.3. The Operation that results in Bonus points accumulation is performed as follows: while the Customer is purchasing from the Merchant, the Merchant’s representative enters the Customer’s Cell phone number using the inCust Register or accepts the inCust virtual card of the Customer and enters all necessary data to calculate the amount of Bonus points to be accumulated into the Information System. As the result of this Operation, the data about the amount of Bonus points accumulated by the Customer is recorded in the Information System.

5.9. The Procedure and conditions of performing operations that result in Bonus points spending (use) by the Customer:

5.9.1. Spending of Bonus points by the Customer means capturing and storing the information regarding the use of the accumulated Bonus points by the Customer for the deferred discount but not more than the amount of accumulated Bonus points by the Customer.

5.9.2. The Operation that results in spending of Bonus points is performed as follows: while the Customer is purchasing from the Merchant, the Merchant’s representative enters the Customer’s Cell phone number using inCust Register or accepts the inCust virtual card of the Customer and enters the amount of Bonus points that the Customer is willing to use (spend) while purchasing, herewith such sum cannot exceed the amount of accumulated by the Customer Bonus points. The mobile notification with the single-use password can be received on the Customer’s Cell phone number. This single-use password is entered by the Merchant’s representative into the Information System and is the confirmation of the Customer’s consent to spend the Bonus points. The corresponding sum of Bonus points is withdrawn from the Customer’s bonus point account in the Information System, while the Merchant provides the Customer with the deferred discount equal to the sum of withdrawn Bonus points to perform such Purchase. As the result of this Operation, the data regarding the amount of Bonus points spent by the Customer is recorded to the Information System.

5.10. The procedure and conditions of performing operations that result in obtaining the Discount:

5.10.1. Obtaining of a Discount by the Customer means receiving a direct discount from the Merchant in the process of purchasing Goods while using the Information System.

5.10.2. The rate of the discount provided to the Customer by the Merchant is reported to the Customer by the Merchant.

5.10.3. The operation of obtaining the Discount is performed as follows: while the Customer is purchasing from the Merchant, Merchant’s representative enters the Customer’s Cell phone number using inCust Register or accepts the inCust virtual card of the Customer and enters all necessary data to calculate the amount of Discount that is provided to the Customer.

5.11. The procedure and conditions of performing operations that result in receiving Coupons:

5.11.1. Receiving a Coupon by the Customer is the operation of storing the data regarding the Coupon that is provided to the Customer by the Merchant into the Information System.

5.11.2. The information regarding provided Coupons to the Customer by the Merchant, is reported to the Customer by the Merchant or by other means.

5.11.3. The operation of receiving Coupon is performed as follows: the authorized Merchant’s representative enters the Customer’s Cell phone number using inCust Register or accepts the inCust virtual card of the Customer and enters all data regarding the Coupon provided to the Customer.

5.12. The procedure and conditions of performing operations that result in using Coupons:

5.12.1. The use of the Coupon by the Customer means capturing and storing the data about the fact of the Merchant acting in accordance with its obligations stated in the Coupon or the information about the Coupon in the process of Purchase using the Information into the Information System.

5.12.2. The operation of the use of the Coupon is performed as follows: the authorized Merchant’s representative enters the Customer’s Cell phone number using inCust Register or accepts the inCust virtual card of the Customer and enters all data regarding the Coupon that the Customer is willing to use to perform a Purchase from the Merchant. The mobile notification with the single-use password can be received on the Customer’s Cell phone number. This single-use password is entered by the Merchant’s representative into the Information System and is the confirmation of the Customer’s consent to use the Coupon. The information regarding such Coupon is recorded to the Information System while the Merchant is fulfilling the obligations stated in the respective Coupon or the information about the Coupon.

5.13. The terms of blocking of the Customer’s account and changing of Customer’s Cell phone number in the Information System.

5.13.1. The Customer may block their account or change the Cell phone number in the Information System (for example, when the cell phone is lost). Blocking is a transition to such state, when performing Operations is impossible.

5.13.2. In order to block the Customer’s account or change the Cell phone number in the Information System, the Customer should contact Support Service using the telephone or by other means of communication that are provided on the Site, with the request to block the Customer’s account or to change the Cell phone number. The Customer shall inform the Company about the current and future Cell phone numbers in the Information System and provide the following data (all, or partly by the sole discretion of the Company):

  • The name, birth date or other data that the Customer provided when registering or using the Information System (particularly, on the Site or via the inCust Mobile app for customers);
  • The approximate remaining amount of accumulated Bonus points;
  • Several recent transactions that involved the Information System;
  • The additional phone number that can be used to contact the Customer.

5.13.3. The Customer is liable for all the risks arising from the use of the Customer’s account to the moment of receiving the message that the Customer’s account is blocked.

5.13.4. Blocking of the Customer’s account can be canceled by the Customer on the basis of their notice to the Company, in the case of providing the information that is sufficient to identify the Customer and prove that such account belongs to the respective Customer.

5.13.5. The Company may deny the request of the Customer to block their account or to change their Cell phone number in the Information System if the Customer provided incorrect or insufficient information, or at Company’s sole discretion, when the Company is in doubt about the identity of the person that requested blocking of the account or change of the account information.

5.14. The terms of using the Information System that define the rights and obligations of the Parties:

5.14.1. While using the Information System it is prohibited to the Customer to make any change to the Software of the Information System or any part of it.

5.14.2. The Company under this Agreement retains the right to:

  • Modify and update the Software of the Information System;
  • Provide new functions and capabilities in the Information System;
  • Discontinue the operations of the Information System or its part upon detecting of significant failures, errors or in order to perform maintenance works and prevent the cases of unauthorized access to the Information System.
  • Demand that the Customer provides documents, identifying their persona or other data that identifies the Customer in the cases:
    • Stated in this Agreement;<l/i>
    • When the Company has reasons to believe that the Customer is breaching this Agreement, legal acts, violates the rights and interests of the Company, Merchants or third parties;<l/i>
    • At the sole discretion of the Company;<l/i>
  • Refuse the Customer in performing Operations in the cases:
    • When the amount of bonus points requested for use in the operation of purchasing Goods from the Merchant exceed the amount of bonus Points on the Customer’s bonus point account;
    • When it is not technically possible to establish the reliable communication between the Information System and the inCust Register due to the reasons beyond the control of the Company;
    • Failed validation of the single-use password of the Customer entered into the Information System via the inCust Register or inCust Kiosk during the operations performed using the Information system;
    • Breach of this Agreement;
    • In other cases, when the Operation can cause damage to the Company, Merchants or third parties.

5.15. The information about changes to the terms of use of the Information System is published on the Site.

5.16. The Customer is not charged for conducting Operations using the Information System.

5.17. The Customer has the right to download the inCust mobile App for customers on the respective device, that provides the Customer with the ability to obtain information from the Information System about performed purchases, accumulated and spent Bonus points, Discounts, Coupons and communicate with Merchants.

5.18. From the moment of downloading the inCust mobile app for Customers, the Customer is being granted with a limited, non-exclusive, non-sub licensable, revocable, non-transferrable license to use it in accordance with the direct functional designation. The Customer is prohibited from distributing the inCust mobile app for customers, lending or leasing it, granting licenses to the third parties, modifying or decompiling the app. The use of the inCust mobile app for customers is free and customers are not charged for such use. All intellectual property rights related to the inCust mobile app for customers belong to the Company and are protected by law.

6. DATA COLLECTION

6.1. By accepting this Agreement, the Customer gives its consent to the collection, use, and disclosure of the Customer information including the Personally Identifiable Information and Non-personified Information in accordance with terms of this Agreement and the Privacy Policy, which is an integral part of this Agreement.

6.2. For the purposes of the current section, the following terms shall be understood as follows:
Personally Identifiable Information – any information that can identify the Customer, such as the name, cell phone number, and email address.
Non-personified Information – additional information about a Customer which doesn’t identify a Customer as an individual. Non-personified information includes, but is not limited to, aggregate and anonymized data about Customer’s Operations.

6.3. The Company will not sell or otherwise provide the Customer’s Personally Identifiable Information to third parties or make any other use of the Customer’s Personally Identifiable Information for any purpose unless required by law or the terms of this Agreement.

6.4. The Company may provide the Customer’s Personally Identifiable Information to the affiliates that provide services to the Company (i.e. payment processors, Website hosting companies, etc.) or partners (including Advertising partners) of the Company. Such affiliates and partners will receive only the information necessary to provide the respective services or fulfill the obligations and will be bound by confidentiality agreements that limit the use of such information to the minimal extent.

6.5. The Customer Information concerning transactions made within the term of this Agreement, Customer registration data and other information about the use of the inCust information System may be stored by the Company for five years.

6.6. By accepting the terms of this Agreement the Customer consents to receive SMS messages and e-mails from (hereinafter together Messages):

  • the Company;
  • the Merchants, from which the Customer has already made a purchase and registered in the Loyalty programs of these Merchants as defined in paragraph 4.8 of this Agreement;

Such Messages may be intended to (i) facilitate, complete, or confirm a commercial transaction that the Customer has previously agreed to enter with the Merchant using the Information System (ii) to provide warranty information, product recall information, or safety or security information with respect to Goods purchased by the Customer, (iii) to provide notifications concerning any events, related to registration, information about Bonus points, Discounts, changes in the terms or features of the Information System, etc.

6.7. By accepting the terms of this Agreement the Customer consents to receive commercial e-mails and commercial SMS messages that contain promotional offers, terms of promo-campaigns and other advertising and marketing activities from the Merchants (i) from which the Customer has already made a purchase and (ii) when the Customer has given the consent to receive such Messages.

6.8. The Merchant may not send or use third-party services for sending of any types of Messages to any Customers without the prior obtaining the consent from such Customers in the proper form as it may be required by the applicable law. In the case of violation of such restriction, the Merchant shall bear all responsibility that is defined by the applicable law solely, at its cost and without the involvement of the Company.

6.9. If the Customer shall desire to stop receiving commercial text messages, they can do this in the Customer Control Panel at the Site, or in the inCust mobile app for Customers.

6.10. The customer may use the hyperlink in the text of the received commercial e-mail from the Merchant to express the will to stop receiving of the commercial messages from the respective Merchant or within the Information System at all (opt-out).

6.11. The Customer understands and accepts that in the case of its opt-out (as described in this Chapter), this Agreement may be terminated by the Company immediately in the unilateral way and/or the Customer shall not be able to use/spend or conduct other activities with any Bonus points or any other promotional instruments within the frames Loyalty program of the respective Merchant or all Merchants and the Customer’s account may be terminated without any compensations for any Bonus points, Discounts or other promotional instruments.

7. RESPONSIBILITY

7.1. DISCLAIMER

7.1.1. The Information System and any related software (the InCust mobile app for Customers) and content (together the Information System and related materials) are provided “as is” and “as available.” The Company disclaims all representations and warranties, express, implied, or statutory, not expressly set out in this Agreement, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

7.1.2. The Company does not guarantee the quality, suitability, safety or ability of the Information System and related materials. The Customer agrees that the entire risk arising out of use of the Information System and related materials, and any service or good requested in connection therewith, remains solely with the Customer, to the maximum extent permitted under applicable law.

7.1.3. The Company is not responsible for the marketing and promotional content or any other Messages sent by Merchants to their Customers as well as any consequences of the use of any advice or advertisements placed on the Site or in the InCust mobile app for Customers. Merchants shall bear responsibility for such content as set forth by applicable laws.

7.1.4. The Customer understands that the respective Merchants shall be considered as senders of any commercial/marketing or advertising Messages and the Company shall only provide such possibility.

7.1.5. In addition, the Company makes no representation, warranty, or guarantee regarding the reliability, timeliness or availability of the Information System and related materials, or that it will be uninterrupted or error-free. The Customer agrees that the entire risk arising from the use of the Information System and related materials by the Customer, including payments for services, remains solely with the Customer, to the maximum extent permitted by applicable law.

7.1.6. The Company shall not be responsible for any Loyalty program provided by any Merchant, Operations and any actions, related to conducting of such Loyalty programs, including, but not limited to, calculations of any types of Bonus Points, Discounts and any other marketing instruments.

7.1.7. The Company shall not be responsible for any facts of conducting or non-conducting of any terms of any Loyalty program by any Merchant.

The Parties herein agree and acknowledge that all disputes and disagreements that could arise out of or relating to this Agreement with regard to sending and receiving commercial messages shall be settled between Merchants and Customers. Merchants shall be responsible for the content of such commercial messages, obtaining of the affirmative consent from Customers and for integrated opt-out option. Merchants shall arrange all disputes and disagreements at their own cost and expense herewith the Company shall not be deemed as a party of any dispute.

7.2. LIMITATION OF LIABILITY

7.2.1. The Company shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits, lost data related to, in connection with, or otherwise resulting from any use of the services, even if the Company has been advised of the possibility of such damages.

7.2.2. The Company shall not be liable for any damages, liability or losses arising out of:

  • The Customer’s use of the Information System and related materials;
  • Third-parties’ unauthorized use of the Customer’s cell phone;
  • Any transaction or relationship between Customers and any Merchant, even if the Company has been advised of the possibility of such damages;
  • Delay or failure in performance resulting from causes beyond the Company’s reasonable control;
  • Incorrect Customer information provided during the registration of the Customer in the «inCust» Loyalty program;
  • the Goods that Merchants provide in the course of their business activity and Loyalty programs they conduct, and does not guarantee that Merchants have competence and experience or have licenses and certificates required in the United Kingdom or any other applicable country to perform such services (if applicable).

7.2.3. In the case the Customer has lost or passed his cell phone or the Cell phone number to any third party, the Customer shall bears all risks associated with the use of his Cell phone number by third parties until the Company receives the personal account blocking request.

7.3. INDEMNITY

7.3.1. The Customer agrees to indemnify and hold the Company and its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees), arising out of or in connection with:

  • the customer’s use of the Information System and related Materials;
  • breach or violation of any clause of this Agreement by the Customer;
  • violation of the rights of any third parties;

8. DISPUTE RESOLUTION

8.1. The laws of England, UK, shall govern all claims and disputes arising from this Agreement without giving effect to any conflicts of law or choice of laws principles or English Law.

8.2. The Parties agree that all disputes between the Customer and the Company should be settled by negotiations and parties shall make their best efforts to regulate the issue by such means.
The Company may, but is not obligated to, assist in the Dispute between the Merchant and the Customer, if such dispute involves the Services provided by the Company to the parties of the dispute.
The Customer understands and approves, that filling of collective complaints and claims is prohibited.

9. OTHER PROVISIONS

9.1. CLAIMS OF COPYRIGHT INFRINGEMENT AND LETTERS

Claims of copyright infringement and other letters to the Company may be sent by email to management@incust.com or in paper form to the mailing address, specified in this Agreement.

9.2. TERMINATION AND AMENDMENT

9.2.1. The Company is entitled to terminate this Agreement unilaterally and at sole discretion in the case of the Customer’s flagrant violation of terms of this Agreement. The Company notifies the Customer about its decision via the text message or by e-mail.

9.2.2. The Customer is entitled to terminate this Agreement unilaterally and at sole discretion by means available on the Site, on the terms stated in the respective clauses of this Agreement.

9.2.3. The Company may amend this Agreement by making an amendment on the Site no later than ten (10) days before such Amendment becomes effective. Continuation of usage of the services by the Customer after the date of an amendment means their acceptance of the new or amended terms in proper form.

9.2.4. In the case of the Customer’s disagreement with the amendments, such disagreement shall be considered as the termination of the Agreement initiated by the Customer on terms that govern termination of this Agreement by the Customer, as it is stated in this Agreement.

10. GENERAL

10.1. No joint venture, partnership, employment, or agency relationship between any of the Customer, the Company, and the Merchant arises from this Agreement.

10.2. The Company may give notice by means of stating it at the Site or by other technical means via SMS messages or e-mails.

10.3. If any provision of this Agreement is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of this Agreement.

10.4. The Company’s failure to enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

10.5. The Company does not guarantee that the use of the Information System shall be free of charge for the Customers forever and may make it payable by amending the terms of this Agreement, as it is stated herein.

11. DIGITAL SIGNATURE

11.1. By entering into this Agreement, as it is stated herein, Customer is deemed to have accepted this Agreement electronically;

The Agreement is effective on the date the Customer has accepted this Agreement, by means stated in Section 4 of this Agreement (hereinafter Signing), pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (the E-Sign Act).

Signing of this Agreement by the Customer as stated above constitutes an acknowledgment that the Customer is able to receive electronically, download, and print this Agreement and any amendments or attachments.

The questions that arise from this Agreement may be sent to info@incust.com or in paper form to

inCust Ltd.
20-22 Wenlock Road
N1 7GU, London, UK