Effective Date: March 15, 2020

1. CONTRACTUAL RELATIONSHIP

This Public Agreement (“Agreement”) is executed between inCust Ltd. (“Company,” “inCust,” “us”, “we”, and “our”), 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 services (“Services”) that include the inCust Customer Lifecycle and Interactions Management platform (“inCust CLM platform”) 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 Service 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

Platform – the Customer Lifecycle and Interactions Management platform by inCust (“inCust CLM Platform”) binary (machine–executable) code in electronic, printed or other form that can be distributed and/or used, accompanying documentation (“Documentation”), graphical materials including diagrams, block-schemes, logos, graphic art, sample code in electronic or printed form, batch scripts and configuration files, used to use and/or distribute inCust CLM Platform in parts or in whole.
Service – the aggregate of the Platform Software and Databases, which is administered by the Company, and the set of operations, performed by this Platform Software, that allow Merchants to sell Goods, process sales operations, receive payments, keep track of customer purchases, run Loyalty programs, credit and write off Bonus Points, issue and validate Tickets, issue and process Coupons and Certificates, collect feedback from Customers, communicate with Customers, store and process Customer Data, and utilize other publicly available capabilities of the Platform according to the terms agreed between the Parties and Merchants.
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.
Customer – a natural person who is 18 years old or elder, who has a full legal capacity, which gives their consent for usage of the Service and provides all necessary information, related to usage of the capabilities and benefits of the Service.
Registered Customer – a Customer, who has provided their consent with using the Service, with processing of their Customer Data by the Service, and with provision of access to such Customer Data to Merchants, on whose behalf those data are collected by the Service.
Merchant – a duly incorporated legal entity or an individual, which concluded the Service Agreement with the Company or its resellers about the use and maintenance of the Service and provision of supplementary marketing, advertising and informational services, such as SMS, push messaging, etc.
Customer Data – the information about Customers including the data, provided by Customers when signing up in the Service and the data, collected by the Service during the process of interacting with the Customers on behalf of the Merchant.
Cell phone number – a valid phone number, associated with the mobile phone service, which is the primary identifier of a Customer in the Service.
Customer E-mail address – a valid e-mail address, controlled by the Customer, which is the primary identifier of this Customer in the Service.
Primary identifier – Cell phone number of a Customer or Customer E-mail address.
Customer Record – a unique data entry in the Service, which contains information that identifies a specific Customer, including but not limited to a cell phone number, e-mail address and other unique identifiers.
Customer Control Panel – a web page on the Site, where Customers can view the services of Merchants, in which they participate, view their bonus point balance, manage notifications, add and manage coupons and certificates, and perform other activities, related to a Customer’s use of the Service.
inCust Mobile app for customers – the part of the Platform, installed on the handheld or mobile PC, smartphone, tablet or laptop, which allows Customers to get information related to purchases made by the Customer, accumulated and spent bonus points, received discounts, received and used coupons, and receive push notifications, as well as perform other activities, related to Customer’s use of the Service.
inCust chatbot – the part of the Platform that operates in “question-answer” mode and which interacts with Customers via the instant messaging systems or voice control systems, managed by third-parties.
inCust Terminal – the part of the Platform that allows access and use of the Service 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 Points of Sale (cash register, POS terminal, accounting or any other system).
inCust Kiosk – the part of the Platform that allows self–authentication, access and use of the Service by Customers of merchants, and which is installed on the tablet devices or laptop computers at Merchants’ Points of Sale.
Point of Sale (POS) – a store, pavilion, supermarket, other commercial premises or place, or the place of the rendering of customer services, or an online store at the Merchant site or in the Mobile app for customers, where customer service operations that involve the Service are conducted.
Goods – merchandise, works and services that can be purchased from Merchants.
Purchase – the process of buying or acquisition in another form of Goods, offered by the Merchant, by Customers.
Discount – direct reduction of the charged price, provided by the Merchant to Customers, when they purchase Goods using the Service.
Bonus points – deferred discount data to be accumulated and used by Customers during consequent purchases that is provided to Customers by the Merchant while making purchases using the Service.
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.
Reward points – countable information, expressed in abstract “points”, about certain values or benefits that a Customer is entitled to receive from the Merchant upon collection of a certain amount of such points.
Customer account – countable information about certain values or benefits that a Customer is entitled to receive from the Merchant, expressed in units of “Account currency”, which does not constitute any monetary balance.
Loyalty program – a set of rules and conditions that define accumulation and usage of Bonus Points, Reward Points, and Discounts while shopping from Merchants, and other services, provided by Merchants, the terms of which are defined by these Merchants.
Coupon – information about the possibility to obtain the incentive offered by the Merchant using the Service in the form of Goods offered at a privileged price, additional Bonus points or Discounts credited when purchasing Goods, or other benefits.
Ticket – a particular form of Coupon, which grants its holder the right to use a specific service provided by the Merchant.
Gift set – a set of one or more coupons, used to top up one or more Customer accounts.
Prepaid card – a collection of Customer accounts, not linked to a specific Customer.
Transaction – any operation or operations with Customer Data, performed by the Service, about which one or more records are made in the Database, when such operation or operations include any of the following: (i) crediting or debiting a Customer account, including currency-based, goods-based, and bonus-point-based accounts, or transferring of the amounts, partially or in full, between such Customer accounts of the same or different Customers, (ii) registering a Purchase, made by a Customer, (iii) receiving a payment from a Customer, (iv) issuing a Coupon, a Gift set, or a Prepaid card, (v) processing a Coupon, a Gift Set, or a Prepaid card, (vi) providing a Discount, when such operation(s) is (are) the part of the Services, provided by the Company to the Merchant. Two or more operations constitute and are counted as one compound transaction, only when such operations cannot be separated without the transaction losing its sense or purpose.
Site – shall mean the following website: incust.com, myincust.com, my.incust.com, business.incust.com, and other sites that belong to or are operated by 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 Merchants 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 Merchants, 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 making Purchases from Merchants, the use by the Customer of services, powered by the Service and provided by Merchants, and any other use of the Service by the Customer.
3.2. Upon acceptance of this Agreement, the Customer joins the Service as a Registered Customer.
3.3. Each Merchant determines independent terms and conditions for serving Customers during their making of Purchases from this Merchant, given that such terms and conditions don’t contradict to the terms of this Agreement.

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 or E-mail address 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. Installation of the inCust mobile app for customers on the Customer’s mobile device.
4.4.2. Use of the Chatbot with provision of one or more of the Primary identifiers (and, if necessary and if technically possible – provision of the other primary identifiers and personal data) to the Company.
4.4.3. Provision of one or more of the Primary identifiers (and, if necessary and if technically possible – provision of the other primary identifiers and personal data) to the Merchant at the Point of Sale of the Merchant.
4.4.4. Acceptance of the terms of this Agreement by the Customer by entering the single-use password into the Service using inCust Terminal (with help of the Merchant’s salesperson), inCust Kiosk, the Site, or the Point of Sale of the Merchant. The single-use password is generated by the Service in order to register the Customer in the Service and is sent to the Customer either as an SMS message to the provided Cell phone number, or as an e-mail message to the provided E-mail address, alongside with the link directing to this Agreement, posted on the Site. After the single-use password is successfully entered and accepted by the Service, the Agreement is concluded, and the Customer is registered in the Service with their Cell phone number or E-mail address and has the ability to perform Transactions.
4.4.5. 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 use of the Service.
• The Customer provides the Company with consent for processing their Customer Data and Customer information on the terms stated in this Agreement.

4.8. The Customer accepts the Terms and Conditions set by the Merchant by providing the Merchant’s representative with the Customer’s Cell phone number or E-mail address for the purpose of performing the first Transaction, while purchasing Goods from the Merchant using the Service. In the process of performing such Transaction, the Merchant is obliged to offer the Customer the option to familiarize themselves with this Agreement and the Terms and Conditions of the Merchant in the way suitable for the Merchant and prospective Customer.

5. CONDITIONS OF USE OF SERVICE

5.1. The Company ensures the functioning of the Service, and therefore allows Customers to perform Transactions while making Purchases from Merchants. The scope of possible Transactions is defined by the corresponding Merchant. Each Merchant defines and makes available to Customers the Terms and Conditions, under which it provides services that include the use of the Service.
5.2. The Company is not considered a party in the Purchase operations between the Customer and the Merchant, is not liable for their legitimacy, 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.
5.3. The information regarding the performed Transactions and other information, related to usage of the Service by the Customer, is collected and stored by the Company in the Database during the term of the Contract.
5.4. The information regarding technical capabilities of the Service, and other terms of performing Transactions is located on the Site.
5.5. The terms of blocking of the Customer record and changing of Customer’s Primary identifiers in the Service:
5.5.1. The Customer may block their Customer record or change one or more of the Primary identifiers in the Service (for example, when the cell phone is lost). Blocking of the Customer record makes it impossible to perform Transactions using such Customer record.
5.5.2. In order to block the Customer record or change the Primary identifier in the Service, 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 Record or to change the Primary identifier. The Customer shall inform the Company about the Primary identifier on record and, if necessary, new Primary identifier in the Service and provide the following information (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 Service (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 Service;
• The additional phone number that can be used to contact the Customer.

5.5.3. The Customer may change one Primary identifier per 24 hours.
5.5.4. The Customer is liable for all the risks arising from the use of the Customer record to the moment of receiving the message that the Customer record is blocked.
5.5.5. Blocking the Customer record can be canceled by the Customer upon their notice to the Company, in the case of providing the information that is sufficient to identify the Customer and prove that such Customer record belongs to the respective Customer.
5.5.6. The Company may deny the request of the Customer to block their Customer record or to change their Primary identifier in the Service 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 Customer record or change of the Primary identifier(s).
5.6. The terms of using the Service that define the rights and obligations of the Parties:
5.6.1. While using the Service it is prohibited to the Customer to make any change to the Software of the Service or any part of it.
5.6.2. The Company under this Agreement retains the right to:

• Modify and update the Software of the Service;
• Provide new functions and capabilities in the Service;
• Discontinue the operations of the Service 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 Service.
• Demand that the Customer provides documents, identifying their persona or other data that identifies the Customer in the cases:
  • Stated in this Agreement;
  • When the Company has reasons to believe that the Customer breaks the terms of this Agreement, legal acts, violates the rights and interests of the Company, Merchants or third parties;
  • At the sole discretion of the Company;
• Refuse the Customer in performing Transactions in the cases:
  • When the balance on the Customer account or the amount of bonus points or rewards points is insufficient to fulfill the corresponding request, made in the course of performing the Transaction;
  • When it is not technically possible to establish the reliable communication between the Service and inCust Terminal or inCust Kiosk due to the reasons beyond the control of the Company;
  • In the case of failed validation of the single-use password of the Customer entered into the Service via inCust Terminal or inCust Kiosk during performing of the Transaction in the Service;
  • In the case of breach of this Agreement;
  • In other cases, when the Transaction can cause damage to the Company, Merchants or third parties.

5.7. The information about changes to the terms of use of the Service is published on the Site.
5.8. The Customer is not charged for conducting Transactions using the Service.
5.9. The Customer has the right to download and install the inCust mobile App for customers on their device or devices.
5.10. From the moment of installing the inCust mobile app for customers, the Customer is being granted 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 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. 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 e-mail 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 Transactions.

6.2. By accepting this Agreement, the Customer gives its consent to the collection, use, and disclosure of the Customer Data 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.

6.3. 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, related to the use of the Service may be stored by the Company during the whole period of the use of the Service by the Customer and for additional three (3) years after the last Transaction that involves the Customer record is performed. After expiration of the three-year term of Customer inactivity, the Customer record is blocked and the Personally Identifiable Information is removed from this Customer record. Further unblocking of the Customer record is possible as defined by the Section 5.5 of this Agreement.

6.6. The Customer may request that his or her Personally Identifiable Information is removed from the corresponding Customer Record. To fulfill such request, the Company is obliged to anonymize the Customer Record and wipe the corresponding Personally Identifiable Information from all media.

6.7. The Customer may request that the Company makes his or her Customer Record “frozen”. When the Customer Record is in the “Frozen” state, no operations may be performed with any Customer Data of this Customer.

6.8. The Customer understands and agrees that Customer Data in general cannot be removed from the Service for technical reasons, and agrees that only the Personally Identifiable Information can be removed as defined in this Section 6.

6.9. The Customer may request that the Company makes available to the Customer a copy of all Customer Data of this Customer, stored in the Database. To fulfill such request, the Company is obliged to provide the requested information.

6.10. The Company must fulfill the requests, defined in sections 6.6-6.9 of this Agreement, or, if permitted by the applicable law, request additional information, needed to fulfill such request. The actions must be performed by the Company within the period, defined in the applicable law, or, if no such period is defined by the law, within 60 days after receiving the request.

7. CONSENT TO DELIVERY OF MESSAGES

7.1. By accepting the terms of this Agreement the Customer consents to receive messages, delivered via SMS, e-mail, instant messaging systems, and similar communication channels (hereinafter together Messages) from:

• the Company;
• the Merchants, from which the Customer has already made a Purchase and took part in the services program of the respective Merchant as defined in the Section 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 Service (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 services of the Merchant, such as the change of amount of the Bonus points or Reward points, information about discounts, Customer Accounts, etc., and (iv) to notify about changes in the terms or features of the Service.

7.2. By accepting the terms of this Agreement the Customer consents to receive commercial 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.

7.3. The Merchant may not send or use third-party services for sending of any types of Messages to any Customers without the obtaining the prior 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.

7.4. 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.

7.5. The Customer may use the hyperlink in the text of the received commercial e-mail message from the Merchant to express the will to stop receiving of the commercial messages from the respective Merchant or within the Service at all (opt-out).

7.6. The Customer understands and accepts that in the case of its opt-out (as described in this section 7) from the commercial messages of the specific Merchant or all Merchants, the Company reserves the right to suspend the Customer’s use and related operations with Bonus points, Discounts and other promotional instruments of such specific Merchant or all Merchants.

8. RESPONSIBILITY

8.1. DISCLAIMER

8.1.1. The Service and any related software (the InCust mobile app for Customers) and content (together the Service 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.

8.1.2. The Company makes no representation, warranty, or guarantee regarding the availability, quality, suitability, safety, or ability of the Service and related materials. The Customer agrees that the entire risk arising out of use of the Service and related materials, including payments for services, and any service or good requested in connection therewith remains solely with the Customer, to the maximum extent permitted under applicable law.

8.1.3. 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.

8.1.4. 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.

8.1.5. The Company shall not be responsible for conditions and terms of service set by any Merchant, Transactions and any actions, related to using services of any Merchant, including, but not limited to, management of Customer accounts and prepaid goods and services, and calculations of any types of Bonus Points, Discounts or any other marketing instruments.

8.1.6. The Company shall not be responsible for any facts of conducting or non-conducting of any services by any Merchant.

8.1.7. 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.

8.2. LIMITATION OF LIABILITY

8.2.1. 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.

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

• The Customer’s use of the Service and related materials;
• Third-parties’ unauthorized use of the Customer’s cell phone or e-mail address;
• 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 Service;
• the Goods that Merchants provide in the course of their business activity, and does not guarantee that Merchants have competence and experience or have licenses and certificates required in any applicable country to perform such services (if applicable).

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

8.3. INDEMNITY

8.3.1. 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 Service and related Materials;
• breach or violation of any clause of this Agreement by the Customer;
• violation of the rights of any third parties.

9. DISPUTE RESOLUTION

9.1. 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.

9.2. 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.

9.3. 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.

9.4. The Customer understands and approves, that filling of collective complaints and claims is prohibited.

10. OTHER PROVISIONS

10.1. CLAIMS OF COPYRIGHT INFRINGEMENT

Claims of copyright infringement may be sent by e-mail to management@incust.com or in paper form to the mailing address, specified in this Agreement.

10.2. TERMINATION AND AMENDMENT

10.2.1. 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.

10.2.2. 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.

10.2.3. The Company may amend this Agreement by making an amendment available 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.

10.2.4. 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.

11. GENERAL

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

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

11.3. 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.

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

11.5. The Company does not guarantee that the use of the Service 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.

12. DIGITAL SIGNATURE

12.1. 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).

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