Marketplace Terms of Use

Last Updated: July 24, 2024

The Marketplace Terms and Conditions below (the “Terms”) apply to the provision of the Marketplace Service, outlining specific rules for the use of the Marketplace Feature accessible through the Incard Web App and shall govern the contractual relationship between the User and Incard in this respect.

The Terms, along with our General Services Agreement, Privacy Policy, Fee Schedule, and any other terms and conditions that apply to our services or the services provided to you by any of our partners, form a legal agreement between you, the legal person represented by an authorised representative (“you” and “your”), and Incard Ltd (“Incard”, “we”, “us”, “our”).

The Incard Web App, accessible at https://app.incard.co/ (the “Web App”), is published by Incard Ltd (“Incard”). The Incard Business account offers its Users access to various features through the Web App, including a marketplace feature (the “Marketplace”) with discount offers (the “Offers”), available via its free plan or paid plans (hereinafter the “Plan(s)”), which can be used on products (“Merchant Products”) sold by third-party affiliates (the “Partners”) - collectively referred to as the “Marketplace Service(s)”.

The Marketplace Service offered on the Web App is accessible only to Incard users being legal entities or individuals, public or private, who are acting within the scope of their commercial, industrial, artisanal, self-employed or agricultural activity, and who can form legally binding contracts under applicable law (the “Users”).

By opening and maintaining an Incard Account in good standing, you are automatically enrolled in the Marketplace Program. These Marketplace Terms become effective upon activation of your Incard Account.

The applicable Terms and Conditions are those in force on the date of your registration on the Web App. We may update these Rewards Terms at any time by posting an updated version to our legal page.

1. Description of the Services

The Web App allows Incard users to log in to their accounts and access the Marketplace feature, which showcases Offers that can be used on Partners' websites to purchase specific Merchant Products. Some Offers may be freely accessible through a free plan (the “Beta Plan”), while others may be available only to Users with a paid subscription on the Web App (the “Paid Plan(s)”). Various categories of Paid Plans, each offering access to different Offers within the Marketplace, are detailed on the Pricing Page and in the General Services Agreement UK.

The User is expressly informed that, regardless of the Plan involved, certain Offers are subject to eligibility conditions by the Partner concerned and that the User will therefore not be able to benefit from them if the User does not meet said conditions. These Offers are identified as such on the Web App and the conditions of eligibility are clearly described. The User undertakes to check the eligibility conditions of the Offers it is interested in before choosing an Offer. The User undertakes to choose an Offer subject to eligibility conditions only if the User meets the said conditions. The User is informed that Incard may verify, before giving the User access to an Offer subject to eligibility conditions, that the said conditions are met. Incard cannot be held responsible if the access to an Offer is refused by Incard or by a Partner because the User does not fulfil the conditions of eligibility imposed and Incard will not proceed to any refund in this context.

To obtain additional information on the Service, the User can contact Incard via the in-app chat.

Incard only provides the Service and is not a reseller of the Merchant Products sold by its Partners on their own Web App and for which Offers are available on the Web App. These Terms and Conditions do not govern the relationship between the User and the Partners. Merchant Products may be subject to terms and conditions as specified on Partners’ website. Transactions relating to Merchant Products are carried out directly between the User and the Partner concerned. Incard is not a party to such transactions, does not market the Merchant Products, and cannot be held liable in the event of (i) refusal to supply the Merchant Products by a Partner, or (ii) the provision of non-conforming Merchant Products or Merchant Products that do not comply with their description or with the User's expectations. More generally, Incard is not liable for the conformity of the Merchant Products or their sale and/or provision.

The User is solely liable for its choice of an Offer and its suitability for its needs. Incard cannot be held liable in this respect. It is expressly agreed that any access to the Marketplace Feature and its offers is personal and may under no circumstances be transferred, in whole or in part, to a third party.

Incard makes its best efforts to ensure that the Offers’ descriptions and other information on the Service are as accurate as possible. However, Incard does not warrant or represent that any information on the Service is accurate, complete, or error-free. Incard may at any time change the Offers’ descriptions, or other information on the Service, and/or any aspect of the Service. In case of material change, prior notice will be provided to the User as provided above in section 1.

2. Access to the Marketplace Feature

To access the Service, the User must have an Incard account in good standing and subscribe to a plan that includes access to the Marketplace Feature. By creating an account on the Web App and using the Marketplace Feature, the User acknowledges awareness of and full agreement with these Terms and Conditions. All transactions conducted with Incard via the Marketplace Feature will be governed by these Terms and Conditions as an extension of the General Services Agreement.

The information provided by the User during the registration process must be complete, accurate and up to date. Incard may, if necessary, ask the User to confirm (by any means) the information provided. Incard cannot be held responsible for erroneous or incomplete information transmitted by the User during the registration process.

3. Personal Data

Users are informed that Incard processes their personal data, in accordance with Incard’s Privacy Policy available here.

4. Intellectual Property

The Incard brand, and all trademarks, whether figurative or not, and in general, any other distinctive signs featured on the Web App, whether registered or not (the “Trademarks”) are and shall remain the exclusive property of Incard or are under license to Incard.

The Marketplace Feature in the Web App and all graphics, texts, visuals, and photographs featured therein, including any illustrations, images, designs, pictures, characters, written materials, décors, databases or other organization of data, or other components of the Web App (hereinafter the “Content”) are and shall remain the exclusive property of Incard or are under license to Incard and are protected by intellectual property rights.

Under no circumstances whatsoever may the Trademarks, the Web App and/or the Content be modified, reproduced, performed, transmitted, distributed, displayed, sold, or incorporated into a derivative or other work, in whole or in part, in any medium whatsoever. More generally, the Trademarks, the Web App and its Content are provided for the User’s internal business purposes only, excluding any commercial use. Any use of all or part of the Trademarks, the Web App and/or the Content, in particular by downloading, reproduction, transmission, performance or display for any purposes other than those contemplated in these Terms and Conditions is strictly prohibited.

Subject to compliance with these Terms & Conditions and the General Services Agreement, Incard grants Users, for the duration of the Terms and Conditions, a personal, non-exclusive and non-transferrable right to access and use the Marketplace Feature on the Web App, the Content and/or the Trademarks solely and exclusively for Users’ internal business purposes only, excluding any commercial use. Accordingly, it is strictly prohibited to:

• copy, reproduce, perform/display, disseminate, distribute and/or publish, on a permanent or temporary basis, the Web App and/or the Content and/or the Trademarks, in whole or in part, by any means or process (including caching, framing, etc.) and on any medium currently known or unknown;

• create derivative works based on the Web App and/or the Content and/or the Trademarks;

• modify, translate, adapt or arrange, in whole or in part, the Web App and/or the Content and/or the Trademarks;

• disassemble, decompile or reverse engineer the Web App and/or the Content;

• distribute, transmit, retransmit, broadcast, sell, rent, license or operate, in any way whatsoever, the Web App and/or the Content and/or the Trademarks, in whole or in part.

5. Liability

When using the Marketplace Feature, the parties shall only be liable for damages that are a direct and foreseeable consequence of their breach of these Terms and Conditions and the General Services Agreement.

Incard cannot be held liable:

• for any loss relating to any activity carried out by the User including (but not limited to) loss of data, loss of chance, profits, income or revenue, business, opportunity or customers, damage to reputation or business interruption and any indirect loss suffered by the User; or

• in the event of a breach of its obligations under these Terms and Conditions, caused by any act or omission on the part of the User (or any person acting in its and on its behalf) or a third party.

In all instances, in the event of a breach by Incard of its obligations under these Terms and Conditions, Incard's liability to the User shall be limited to the extent described in the liability section of the General Services Agreement.

6. Links

The Marketplace Feature may refer by links to other Sites and in particular to Partners’ website; this constitutes a service made available to the User. However, as these website are not under the control of Incard, the latter declines all responsibility for the content, information and data that may appear on them.

The creation of any hypertext links to all or part of the Web App is strictly prohibited. In all cases, any link must be removed upon request by Incard.