Privacy Policy

1. Introduction

This Privacy Policy explains to Users of the Lunchbox’s website (https://www.lunchbox.io/), mobile applications offered by Lunchbox and/or applications offered by third-parties integrated to the Lunchbox platform (“Lunchbox Apps”), microsites, software and services (collectively, the “Service”), how Lunchbox Technologies, Inc., doing business as Lunchbox (“Lunchbox”, “we” or “us”), gathers and uses information collected in connection with use of the Service and Lunchbox Apps. Lunchbox takes reasonable steps to protect User privacy consistent with the guidelines set forth in this Privacy Policy and with all applicable laws. In this Privacy Policy, “User” or “you” means any person using the Service, whether by browsing the Lunchbox website or installing or using Lunchbox App, paying for items and/or transactions through Lunchbox using a Lunchbox App, engaging in loyalty and rewards programs (“Programs”) offered by Lunchbox merchants (each a “Merchant”), or participating in any other activities available through the Service.

BY ACCESSING OR USING THE SERVICE AND ANY Lunchbox APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR USER TERMS OF SERVICE (https://www.lunchbox.io/user-terms-and-conditions). IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2. To our users:

You control your Personal Information on the Lunchbox platform. We will never disclose your email address, transaction history, or other Personal Information to any Merchant or any other third party for their marketing purposes without you first authorizing that Merchant or third party to access such information. This allows you to use the Lunchbox Service and Lunchbox Apps without receiving a whole lot of direct marketing you don’t want.

You can authorize Lunchbox to provide your Personal Information to a Merchant by logging into a Merchant or third-party mobile Lunchbox App, or by expressly acknowledging a request from a Lunchbox App for permission to access your information on the Lunchbox platform. You can revoke these permissions at any time by logging into the Lunchbox website at https://www.Lunchbox.io/login.

Lunchbox will never share your Financial Information (i.e., your credit or debit card information) with anyone other than the payment processor that we use to charge your card (Braintree, a division of PayPal, Inc.).

3. Why Do We Communicate This Privacy Policy With You?

All companies that you do business with choose whether and how they want to share your Personal Information and other information. Federal law gives you the right to limit some, but not all, of that sharing. Federal law also requires companies to tell you how they collect, share, and protect your personal information. Please read this notice carefully to understand what we do.

4. What Information Does Lunchbox Collect?

Personal Information: Lunchbox collects some of your identifying information in connection with the Service, depending on how you use the Service. When you create a Lunchbox User Account (whether through a Lunchbox App or the Lunchbox website), pay via Lunchbox, engage in a Program, submit content to Lunchbox, complete a survey, send us feedback, request information about the Service, apply for a job, or sign up for special offers from third parties, Lunchbox may collect information from you, which could include the following (collectively, “Personal Information”):

You do not have to provide Personal Information to Lunchbox, but you may not be able to take advantage of all features of the Service if you do not.

Financial Information: In order to use the Service and the Lunchbox platform to initiate Lunchbox transactions at partner merchants, you will need to link a payment instrument, such as a debit or credit card account number, to your Lunchbox User Account (“Financial Information”). Lunchbox will only collect Financial Information from Users using a secure, transparent pass through to our third-party data vault and payment gateway provider (Square), and Lunchbox will never store your Financial Information itself. Lunchbox and its providers maintain compliance with all laws and rules protecting the privacy of your financial information, including the Payment Card Industry Data Security Standard (PCI-DSS).

Web/Mobile Tracking Information: Lunchbox and its third-party service providers may use web and/or mobile tracking technologies, such as cookies, beacons, pixel tags and clear GIFs, to collect data related to usage of the Service, the Programs, and web and email marketing conducted by or on behalf of Lunchbox. Such data may include:

In order to collect Web/Mobile Tracking Information and to make your use of the Service more efficient, we may store cookies on your device. Lunchbox and third party contractors engaged to provide services on behalf of Lunchbox (“Contractors”) may also use web tracking technologies that are placed in web pages on the Service or in email communications to collect information about actions that users take when they interact with the Service or such email communications. Web Tracking Information is not correlated by Lunchbox to individual users. Mobile Tracking information may be correlated to individual Users. Some Web Tracking Information may include data, such as IP address data, that is unique to you. You may be able to modify your browser settings to alter which web tracking technologies are permitted when you use the Service, but this may affect the performance of the Service.

5. How Does Lunchbox Use and Share Your Information?

All companies need to share users personal information to run their everyday business. In this section, we explain the reasons that companies can share their customers’ personal information; the reasons Lunchbox chooses to share information; and whether you can limit this sharing.

Personal Information: Lunchbox will use and store your Personal Information to deliver the Lunchbox Service to you (including charges, receipts, rewards tracking and notifications, and system notifications); to market customer rewards to you; to improve our products and services; to investigate (and remedy) fraudulent or allegedly fraudulent activity; and to perform aggregated data analysis. Additionally, any Personal Information that we collect via Facebook will be used for open graph posts.

Lunchbox does not sell or rent its mailing list, and we will not disclose your email address to any third party for marketing purposes, unless you specifically authorize a third party (such as a Lunchbox Merchant or third-party Lunchbox App provider) to access your information. Lunchbox will disclose your Personal Information to third parties only in the following limited circumstances:

Financial Information: Lunchbox will only ever use your Financial Information for the purpose of submitting an authorized charge to your payment instrument, in accordance with Lunchbox’s User Terms. Financial Information is never provided to Lunchbox in unencrypted form, or stored by Lunchbox. Your Financial Information is never disclosed to third parties, including Lunchbox Merchants, other than Lunchbox’s data vault and payment gateway provider (Braintree).

Aggregate Information: Lunchbox may also use Personal Information to create aggregated data for analytical purposes. This statistical information does not contain any individual identifying information or contact information and is used to understand our customer base as a whole and to better serve our market. Lunchbox reserves the right to share such aggregated, non-identifiable data with 3rd parties.

Web/Mobile Tracking Information: Lunchbox uses Web and Mobile Tracking Information to administer the Service (including to deliver notifications to users), to understand how well our Service is working, and to develop aggregate, statistical information on usage of the Services. Lunchbox may disclose Web and/or Mobile Tracking Information, without individual identifying Personal Information (or with such information if you have specifically authorized the disclosure of Personal Information to that party), to third party advertisers and advertising agencies, Merchants, third party Lunchbox App providers, and Contractors, in order for Lunchbox and such third parties to analyze the performance of the Services and the behavior of users, to operate and improve the Service.

Email Communications: If you create a Lunchbox User Account and provide your email address, we will send you administrative and promotional emails concerning the Lunchbox Service and Lunchbox platform, including new features, promotions, Programs, and rewards. If you wish to opt out of promotional emails, you may do so by following the “unsubscribe” instructions in the email, by contacting Lunchbox Support, or by editing your Lunchbox User Account settings as described below. All Lunchbox Users receive administrative emails. If you wish to opt out of administrative emails, you must delete your account entirely and cease use of the Service.

Network Operators: Use of the Service may involve use of the services of third party telecommunications carriers and service providers (such as the services of the carrier that provides cell phone service to you). Such carriers and service providers are not Lunchbox’s Contractors, and any information that a carrier collects in connection with your use of the Service is not Personal Information and is not subject to this Privacy Policy. Lunchbox is not responsible for the acts or omissions of telecommunications carriers or service providers.

Additional Disclosures: Notwithstanding anything to the contrary in this Privacy Policy, Lunchbox reserves the right to use or disclose Personal Information and any other information Lunchbox collects in connection with the Service: (a) to any successor to Lunchbox’s business, including as a result of any merger, acquisition, asset sale or similar transaction; (b) to any law enforcement, judicial authority, or governmental or regulatory authority, to the extent required by law or legal process; or (c) if in Lunchbox’s reasonable discretion, such use or disclosure is necessary to enforce or protect Lunchbox’s legal rights or to protect the legal rights of third parties.

6. Privacy Settings/Opt Out

If you would like your Personal Information permanently removed from our database, or your Financial Information removed from Lunchbox’s data vault provider, please contact us at info@Lunchbox.io or visit our website’s “Contact-us” section. We will promptly disable your Lunchbox User Account and you will no longer receive email from Lunchbox. Your removal from the mailing list or database will not remove records of past transactions or delete information stored in our data backups and archives, as required by law. Data on past transactions and data stored in backups and archives will be deleted in the normal course of Lunchbox’s business. You may elect to opt-out at any time after registering for the Lunchbox service.

7. Third-Party Lunchbox Apps

The Lunchbox platform enables any third-party to develop applications, software, and websites that can access the Lunchbox platform on your behalf, with your permission (“Lunchbox Apps”). You may also be offered services, products and promotions provided by third parties as part of your use of any Lunchbox App.

Third-party Lunchbox Apps interfacing with the Lunchbox platform are required to be operated in accordance with Lunchbox’s Terms of Service for Merchants, Terms of Service for Developers, and this Privacy Policy, but they are not under the control of Lunchbox, and Lunchbox is not responsible for the contents of any linked site or third party app or third party Lunchbox App. You will be responsible for reviewing and understanding any additional terms and conditions associated with any third party app, Lunchbox App, sites, or services. Please remember that once you grant a third party or Merchant permission to access your Personal Information in the Lunchbox platform, or you use a link to go from a Lunchbox App or website to another website, Lunchbox’s Privacy Policy no longer restricts the use of such information by the third party, and you will then be subject to that Merchant’s or that website’s own rules and policies. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties or granting permissions for any Lunchbox App to access any of your Personal Information. Lunchbox is not responsible for any claims, liabilities, losses, or damages suffered by you in connection with your use of a third party Lunchbox App, site, or service, in connection with the Lunchbox platform.

8. Access and Updating of Information

Lunchbox encourages you to view your transaction history, and review and amend your email address or contact details, in the Lunchbox platform at any time. Please contact us by sending an email to: support@lunchbox.io or by using your settings panel in your User Account accessible at: https://www.Lunchbox.io/login.

9. General

Facebook Connect: If you connect to the Lunchbox Service using Facebook Connect, you agree that any identifying information obtained by us by reason of your connection using Facebook Connect will constitute Personal Information for the purposes of this Privacy Policy, and you consent to our use and disclosure of such information in accordance with this Policy. If we stop using Facebook Connect as an access mechanism, you agree that we will nevertheless retain any Personal Information in accordance with this Policy.

Security: We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this Policy and all applicable laws. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties.

Electronic Notice; Amendments: Pursuant to of Lunchbox’s User Terms, you agree to receive initial notice of this Privacy Policy, and all annual notices of the Privacy Policy, as amended from time to time, electronically. Lunchbox may modify or amend this policy from time to time. We will notify you of these changes by posting the modified Privacy Policy, which will be available for review by you, on our website at https://www.lunchbox.io/privacy-policy.

Children: Lunchbox does not knowingly collect or maintain personally identifiable information from persons under 13 years of age, and no part of the Service is directed at persons under 13. If you are under 13 years of age, then please do not use the Service. If Lunchbox learns that personally identifiable information of persons less than 13 years of age has been collected without verifiable parental consent, then Lunchbox will take the appropriate steps to delete this information. To make such a request, please contact us at support@lunchbox.io.

Service Visitors from outside the United States: Lunchbox and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access or use the Service, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.

10. Google Analytics for Display Advertisers

Lunchbox uses remarketing to advertise across the internet. Along with the Google Analytics cookie, the DoubleClick cookie is collected by Google Analytics based on your browsing history. This optimizes your ad exposure to be more targeted to your interests throughout the Google Display Network. This feature can be even more personalized, by letting you customize which ads you see. Lunchbox follows the Google AdWords Remarketing Policy, as well as Google’s restrictions for sensitive categories. If you decide that this isn’t for you, feel free email us at info@lunchbox.io.

11. USA Patriot Act Notice to Merchants

To help the government fight the funding of terrorism and money laundering activities, federal law requires financial institutions to obtain, verify, and record information that identifies each person who registers for a Merchant Account with Lunchbox. Merchants will be required to provide such information to the satisfaction of Lunchbox prior to establishing a Merchant Account.

Effective Date of this policy: January 14, 2019

User Terms of Service

1. Welcome to the Lunchbox Platform

Lunchbox Technologies, Inc., doing business as Lunchbox (“we” or “Lunchbox” or “Company”), provides a mobile payment, ordering, and customer rewards platform and related services (“Services” or “Lunchbox Services”), and provides and/or enables related mobile applications, software applications, websites, and microsites (“Apps” or “Lunchbox Apps”), for use by you (“User”) to make payments for goods and/or services to Lunchbox and participate in merchant incentive and rewards programs (“Programs”) at physical and/or online points-of-sale (“POS”), among other available functions. Lunchbox provides access to these Services and Apps, including this App, subject to your acceptance of all of the following Terms and Conditions (“User Terms” or “Agreement”).

By accessing, downloading, copying, and/or using a Lunchbox App, including this App, and/or the Services, you agree to these User Terms. THESE USER TERMS CREATE A BINDING LEGAL AGREEMENT BETWEEN YOU AND Lunchbox, AND INCLUDE AN ARBITRATION CLAUSE UNDER WHICH CERTAIN CLAIMS MAY NOT BE BROUGHT IN COURT OR DECIDED BY A JURY. PLEASE READ THEM CAREFULLY.

2. Lunchbox User Account

In order to use a Lunchbox App to initiate transactions and/or engage in any merchant reward Campaigns, you must first register with Lunchbox and create a Lunchbox User Account, and associate a valid debit and/or credit card. Your registration and use of a Lunchbox User Account is subject to these User Terms.

By registering for a Lunchbox User Account, you agree that:

Your registration and your User Account, including any User Credit, Gift Card Credit, or Merchant Credit associated with such User Account, and your rights under this Agreement, are personal to you and are not transferable by you to any party.

Payment Methods. Lunchbox enables you to make card-based purchases from Lunchbox of goods provided by third-party merchants by linking to your Lunchbox User Account a debit, credit, and/or prepaid credit card issued in the United States bearing the trademarks of MasterCard International Inc. and Visa Inc. (the “Networks”), as well as American Express and Discover (“payment instrument”). Your User Account is not a bank account. Lunchbox is not a bank, and does not offer banking or money service business (“MSB”) services as those terms are defined by the United States Department of Treasury. Lunchbox does not offer money transmission services. By linking a payment instrument to your User Account, you represent to Lunchbox that you are an authorized user of the payment instrument. You may change the payment instrument associated with your User Account at any time. You are responsible for ensuring that the payment instrument associated with your Lunchbox account is at all times current, non-expired, and valid for payments.

Test Authorizations. By associating a payment instrument with your Lunchbox User Account, you consent to Lunchbox’s temporarily authorizing a charge on that payment instrument, typically for $1.00 or less, as part of our verification process. You will not be required to pay this charge, and it will disappear from your payment instrument statement within a few days.

Termination of User Account. Lunchbox reserves the right to reject, suspend, or terminate your registration and/or use of a Lunchbox User Account, and/or your access to the Lunchbox Services, in the event that you breach any of the Lunchbox User Terms or any of the representations and warranties made herein, as determined in Lunchbox’s sole discretion.

Use of Lunchbox User Accounts for Development Purposes. All uses of a Lunchbox User Account for the purpose of developing software, applications, or programs that will interface to the Lunchbox Platform, including without limitation to access any Lunchbox SDK and/or associated APIs, and the use of the Lunchbox Developer Sandbox, are additionally subject to Lunchbox’s Developer Terms (https://www.lunchbox.io/developer-terms), which are incorporated herein by reference. By using your Lunchbox User Account to access Lunchbox’s development tools, you agree to all of the Developer Terms.

3. License to Use the Lunchbox Apps and Websites; Intellectual Property

Limited License. Lunchbox grants you a limited, non-exclusive, non-transferable license, to access, view, download, install, and use this Lunchbox App(s), and/or any Lunchbox website content, for the purpose of using the Lunchbox Services, including the initiation of orders and/or payment for goods and/or services and for participating in merchant reward Programs. Except as expressly permitted by these User Terms, you may not modify, reproduce, distribute, publish, reverse-engineer, create derivative works out of, decompile, deep link, publicly display, or otherwise exploit for any purpose, the Lunchbox Apps, Services or Lunchbox Property, or any portion thereof. You may not remove or alter, or reuse in any manner or for any other purpose, any copyright, trademark or other proprietary notices that have been placed on the Lunchbox Property. You may not collect and use the product listing, pictures, or descriptions within the Lunchbox Property for any commercial purpose. All rights not expressly granted to you by this Agreement remain the property of Lunchbox and its licensors.

No Rights to Lunchbox Property. The Lunchbox App(s) and website content downloaded or accessed by you pursuant to these User Terms, including without limitation all of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content, other than User Content, as defined below, and all software embodied in the Lunchbox website or Apps, or otherwise used by Lunchbox to deliver the Lunchbox Services (collectively, the “Lunchbox Property”), is the sole property of Lunchbox and/or of third parties provided under license to, or used with permission by, Lunchbox. Lunchbox reserves all rights in the Lunchbox Property, including without limitation copyright, trademark, patent, and trade secret rights, and no rights in such Property are granted except as expressly provided herein.

Trademarks. The marks “Lunchbox,” “Lunchbox Technologies,” the Lunchbox three-square logo, among other marks, and the Lunchbox scanner, are registered or unregistered trademarks of Lunchbox and may not be used in connection with any service or products other than those provided by Lunchbox, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Lunchbox. TPatents. The systems and methods used by Lunchbox to provide the Lunchbox Services are protected by patents including U.S. Pat. Nos. 8,620,790, 8,639,619, 8,694,438, 8,844,812, D721,371, 8,770,478, 8,924,260, 8,838,501, and other pending applications, and no rights are hereby granted to such patents or applications.

No Illegal Uses. The Lunchbox Property licensed hereunder shall not be used for any purpose not contemplated by these User Terms, or for any illegal purpose, or to commit or facilitate any act by any person in violation of any law or regulation, and/or any fraud against any person.

Third-Party Property. The Lunchbox platform and Apps feature the trademarks, service marks, images, and logos of third parties (“Third-Party Property”). Each third-party owner retains all rights in such Third-Party Property. Any use of such marks, or any others displayed in any App, inures solely to the benefit of their respective owners. Lunchbox’s use of such Third-Party Property does not imply any affiliation or relationship between Lunchbox and the Third-Party nor any endorsement of Lunchbox or the Services by such Third Party.

4. Authorization of Payments on the Lunchbox Platform

Authorization for Lunchbox to Charge Payment Instrument. By linking a payment instrument to your Lunchbox User Account, including by tapping the “Link Card” authorization button within a Lunchbox App, and using an App to initiate a transaction at a participating Lunchbox merchant POS, to initiate a mobile order for goods provided by a third-party, or to purchase a merchant Gift Card , you authorize Lunchbox to charge your linked payment instrument as necessary to complete payment to Lunchbox for the purchase or transaction, including for the total transaction amount less any credit redeemed in connection with your purchase. If such charge is rejected or fails, Lunchbox may charge your payment instrument again at a later time without advance notice to you.

In the event you are entitled to a reversal, refund, chargeback, or other adjustment associated with a purchase you made using your Lunchbox User Account, you also authorize a credit to your payment instrument by Lunchbox to accomplish that transaction.

All purchases, orders, and charges authorized using an App and/or the Lunchbox Services are also subject to the terms and conditions set forth by the entities that issue your payment instrument. You are responsible for complying with those terms and conditions, and you are responsible for payment of all charges and related fees imposed by such entities pursuant to those terms and conditions.

There is no limit on the frequency of transactions you may make using your Lunchbox User Account. Lunchbox may impose limits on the amount of transaction(s) you make at any merchant without notice.

Monthly Recurring Billing. Lunchbox may, in its discretion based on the Lunchbox App used and/or other factors, and after delivering notice to your registered email address, charge your authorized payment instrument for your authorized transaction charges by grouping the amounts of such individual transactions in a single bundled charge each month. By using the Service following such notice, you authorize Lunchbox to make these monthly charges. Lunchbox typically charges your payment instrument in a recurring charge once per month, on the same day each month. You will be notified in advance by email of the date of your recurring charge. Lunchbox may group transactions for up to thirty-one (31) days following a transaction before submission of a grouped charge to your payment instrument on the specified date. If activity within a period exceeds a threshold amount determined by Lunchbox (initially $150.00) and communicated to you in monthly email statement receipts, Lunchbox may submit a grouped transaction to your payment instrument prior to the date of your next regular recurring monthly charge. When we submit a grouped transaction, we will provide an email notification to you detailing the individual transactions making up the grouped total charge. The status and amount of any authorized but uncharged transactions will be displayed at all times in the transaction history of your User Account, accessible by logging into the Lunchbox App. By accepting these terms, you agree that Lunchbox may submit your previously authorized charges totaling less than $750.00 as a grouped single transaction charge on a recurring monthly basis without further advance notice to you. You may request that Lunchbox cease any authorized grouped transaction by mailing a written notice to Lunchbox at the address below at least three (3) days prior to the submission of such charge by Lunchbox, or by notifying Lunchbox at info@lunchbox.io at least three (3) days prior to the submission of the charge, if followed by a written notice within fourteen (14) days. You may also request that Lunchbox cease grouping your future authorized transactions for submission, or that Lunchbox provide advance notice of certain grouped transactions, by mailing a letter request to Support Team, Lunchbox, 1216 Broadway Suite #305, New York NY 10001.

Failed Transactions. In the event that Lunchbox is unable to successfully charge any linked payment instrument, Lunchbox will notify you via email and/or in-App notification, and you will be unable to initiate further orders or transactions with your User Account. Upon Lunchbox’s notification to you of such failure, you agree to link a new, valid payment instrument within three (3) business days. Your Lunchbox User Account will be disabled until a valid payment instrument is provided and the outstanding uncharged balance is resolved by Lunchbox. Lunchbox is not responsible for any charges imposed by the issuer of your payment instrument as a result of any failed charge by Lunchbox. To the extent that Lunchbox is unable to successfully charge any payment instrument linked to your User Account as payment for authorized transactions for more than thirty (30) days, you understand and agree that Lunchbox may employ a collection agency or other business in an effort to collect any outstanding debts and fees associated with your User Account, and you will not contest the use of a third party to collect the debt and fees owed to Lunchbox. You agree that you will be responsible for any legal, court, arbitration or collection agency fees associated with rectifying your account and all monies owed thereunder. You agree that Lunchbox, or any agency or business employed by Lunchbox, has the right to contact you and your heirs via telephone, email or in-person using the information you provided upon registration or during any contact with Lunchbox, in an effort to collect any monies and fees owed under your account, whether specifically referenced in these User Terms or not, and such contact may be made in a manual or automated fashion.

Prohibited Transactions. The Lunchbox Service may be used only for the bona fide purchase and exchange, through Lunchbox, of goods and/or services offered in the ordinary course of a Lunchbox merchant’s business, and may not be used to process a payment or otherwise transfer money between two parties. The Lunchbox Service may not be used for transactions in which you request cash back from the merchant. The Lunchbox Services shall not be used for the purpose of accepting or transferring security or payment for loans, providing cash advances, check cashing, or otherwise distributing cash to any person or entity, or in connection with any lottery or gambling activity. Lunchbox reserves the right to decline any attempted transaction if it appears that any of these User Terms have been violated.

Debit/Credit Card Statements. Lunchbox charges to your authorized payment instrument(s) may appear on your statement from the card issuing institution as “Lunchbox*” followed by an identifier related to the location of the transaction initiation, the third-party provider of the ordered goods, or as an identifier communicated to you to reference a grouping of multiple individual Lunchbox transactions. You agree not to knowingly falsely report such charges as fraudulent or unauthorized claims to your payment instrument issuing institution. A knowingly false report of a fraudulent or unauthorized charge shall be grounds for Lunchbox, in its discretion, to cancel your User Account, and seek any other remedies available to Lunchbox.

Transaction Receipts. Lunchbox will provide you with an electronic transaction receipt, through a message within the Lunchbox App and/or by email to the email address provided by you, following each Lunchbox transaction initiated using a Lunchbox App. The receipt will include the date, location, and amount of the transaction, as well as the identity of the Lunchbox merchant at which the transaction occurred. Your transaction history may also be viewed within a Lunchbox App. If you are participating in Lunchbox’s monthly recurring billing service, you will also receive a monthly electronic statement receipt from Lunchbox by email specifying the total amount of the monthly recurring charge, an identification of the payment instrument to which the recurring charge was billed, and, for each transaction during the period, the date, location, and amount of the transaction. Both individual transaction receipts and monthly statement receipts include contact information for Lunchbox Support.

5. Consent to Electronic Disclosures and Notices; Paper Copies

By accepting these User Terms, and/or by checking the box titled “Join Lunchbox,” “Sign Up,” “Log In,” or any similar requested acknowledgement in connection with the notice: “By tapping above [or below] you agree to Lunchbox’s Terms & Conditions,” or “By tapping above [or below] you agree to the terms and conditions and privacy policy,” or similar notice, which you hereby adopt as your electronic signature, you agree that Lunchbox will provide you these User Terms, its Privacy Policy, and all other applicable terms, as well as all disclosures, notices, transaction receipts, transaction authorizations, and transaction statements required by law, and other information about your Lunchbox User Account and legal rights and duties (“Disclosures”), electronically by posting it on our website, to the email address associated with your User Account, and/or through in-App messaging.

Your electronic acknowledgement of this Agreement, and any other agreements and documents, has the same effect as if you signed them in ink. You agree that electronic Disclosures and notices have the same meaning and effect as if Lunchbox had provided you with paper copies, whether or not you choose to view the Disclosures. Such Disclosures and notices are considered received by you within 24 hours of the time posted to our website, or emailed or messaged to you.

In order to access and retain the electronic Disclosures you will need, and represent that you have, the following: (i) a computer or mobile device with an Internet connection; (ii) a current web browser that includes 128-bit encryption, and has cookies enabled; (iii) a valid email address associated with your User Account (if you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you agree to whitelist all emails from the @lunchbox.io domain to your email address book); and (iv) sufficient storage space to save past Disclosures and/or an installed printer to print them.

You have a right to receive Disclosures in paper form. If you wish to receive a paper copy of any Disclosure, or any transaction receipt, you may request a copy of the Disclosure or receipt within 180 days of the date of the Disclosure or receipt. Lunchbox will provide paper copies free of charge. Requests to receive any paper copy, or to withdraw your consent to future electronic Disclosures, may be made by mailing a written request to Support Team, 1216 Broadway Suite #305, New York NY 10001. We will provide a replacement copy of your receipt within ten (10) business days. Requests to cancel your consent to future electronic Disclosures will be completed in a reasonable time. Lunchbox reserves the right to terminate your Lunchbox User Account if you withdraw consent to future electronic Disclosures. You may update the information required to contact you electronically by logging into a Lunchbox App or to the Lunchbox website.

6. Unauthorized Transactions; Lost Devices; Error Resolution

If any transaction Disclosure received by you appears incorrect, or was unauthorized or fraudulent, you shall notify Lunchbox immediately, including by clicking on a link included in the email transaction receipt, thereby flagging the transaction, or by contacting Lunchbox directly (24/7) at:

Lunchbox Support Team

support@lunchbox.io

1216 Broadway Suite #305, New York NY 10001

Regular Business Hours: Monday through Friday, 9am to 5pm, Eastern Time

Lost Devices. In the event that you lose any mobile device on which a Lunchbox App linked to your User Account is installed, or otherwise learn that your User Account password is compromised (“Lost Device”), you shall notify Lunchbox immediately by contacting support@lunchbox.io OR Lunchbox Support Team, 1216 Broadway Suite #305, New York NY 10001.

Lunchbox Security; Reporting Requirements. Lunchbox implements a variety of methods, and proprietary protocols, to protect you from bad actors who may attempt to access and make fraudulent charges using your Lunchbox User Account, including an optional PIN lock feature. Because we are confident in these measures, we generally will not seek to recover from you reimbursement for any fraudulent charges made using your User Account. There are, of course, limits to this policy, which depend upon how quickly you notify us of a fraudulent activity:

Issuing Institutions. To the extent that the security of your payment instrument(s) is compromised in an event having no relation to the Lunchbox platform (for example, your wallet is stolen), and your payment instrument is linked to another User Account, your liability for any fraudulent transactions will be determined by your agreement with the institution that issued your payment instrument. With respect to your card issuing institution, federal law provides that, should Lunchbox fail to resolve a dispute as to property or services purchased from Lunchbox, you may assert against your card issuing institution all claims (other than tort claims) and defenses arising out of the transaction and relating to the failure to resolve the dispute. You may withhold payment to your issuing institution up to the amount of credit outstanding for the property or services that gave rise to the dispute and any finance or other charges imposed on that amount.

User Fraud. If Lunchbox determines that you have engaged in any fraudulent use of the Lunchbox Services, or use in violation of these User Terms, in addition to its rights to recover of any monies required to remedy such fraudulent use, Lunchbox shall impose a fee of one hundred ($100.00) dollars for each investigation by Lunchbox that results in a confirmation of such violation of these User Terms. By registering for a Lunchbox User Account, you agree to all additional fees and penalties that Lunchbox may impose in the event Lunchbox deems your use of the Lunchbox platform to be in breach of these User Terms, including without limitation the immediate termination of your Lunchbox User Account.

7. Merchant Incentive and Reward Campaigns; Campaign Credit

When initiating a Lunchbox transaction at a Lunchbox merchant POS, or initiating online orders from participating Lunchbox merchants, you participate automatically in any promotional campaigns offered by Lunchbox’s merchant partners, and/or third-party partners offering rewards to Lunchbox Users, such as loyalty reward programs, refer-a-friend programs, product incentive programs, etc. (“Programs”), and earn automatically any merchant-offered rewards, incentives, or discounts (“Merchant Credit”) and/or third-party-offered incentives, rewards, or discounts (“User Credit”) associated with your transaction. REWARDS APPLIED TO ORDER AHEAD TRANSACTIONS IN A Lunchbox APP WILL INCLUDE ONLY THOSE REWARDS DISPLAYED IN THE APP AND MAY NOT INCLUDE ALL REWARDS ADVERTISED BY A MERCHANT OR OFFERED BY A MERCHANT THROUGH OTHER CHANNELS, OR IN CONNECTION WITH MOBILE APPS OTHER THAN A Lunchbox APP. Lunchbox will also automatically redeem any Merchant or User Credit previously awarded at the time of purchase at the participating merchant’s POS, or at the time of mobile order completion, in accordance with the terms of such Program. Merchant or User Credit applied to the purchase will be deducted from the transaction amount charged by Lunchbox as part of the authorized charge to the payment instrument(s) associated with your User Account.

Promotional Programs, and Merchant or User Credit associated with such Programs, are offered by the merchant or funding third party alone (and not by Lunchbox) and the offering parties are responsible for setting applicable rules, including the expiration of any Merchant or User Credit, and compliance with such rules. Any complaints concerning any merchant’s or third party’s failure to award or redeem Merchant or User Credit according to any Program may be sent to Lunchbox at: support@lunchbox.io. While Lunchbox may, in its discretion, attempt to resolve any complaints concerning a person’s failure to award or redeem Merchant or User Credit, Lunchbox is not responsible for such person’s failure to award or redeem Credit for any reason.

Groupon Vouchers. Lunchbox enables Merchants to offer Groupon vouchers integrated to the Lunchbox Service. This integration allows you to purchase Groupon vouchers, redeem Groupon vouchers to your Lunchbox User Account using a Lunchbox App, and spend the Paid-in Value and Promotional Value redeemed from a Groupon voucher simply by scanning your Lunchbox QR code at a Lunchbox merchant POS. Once a Groupon voucher is redeemed via a Lunchbox App, the portion of value paid by the User for the Groupon Voucher (“Paid-in Value”) shall be converted to Gift Card Credit of the Merchant within the Lunchbox platform, and the Groupon rewards or promotional value over and above the paid-in value offered by the Merchant (“Promotional Value”) shall be converted to Merchant Credit of the Merchant and may be restricted or expire according to the Merchant’s terms as disclosed by Merchant or Groupon. Once redeemed via a Lunchbox App, all Paid-in Value and Promotional Value become financial obligations of the Merchant, and only the Merchant, to be administered by Lunchbox, and cease to be financial obligations of Groupon. Groupon and Lunchbox are independent service providers. Lunchbox is not responsible for, and makes no representations or warranties concerning, Groupon’s performance or accounting for Groupon voucher service.

The third-party merchant providers of goods and services available for purchase through the use of the Lunchbox Services shall be solely responsible for the goods and/or service provided by such merchant, including the quality of the goods and services, and, any claims, liabilities, injuries, losses or damages you may suffer in connection with the goods or services, your participation in any Program, and/or any unclaimed property liability arising from unredeemed Merchant Credit, or any portion thereof. Merchants may choose to discontinue a Program at any time. Lunchbox also reserves the right to terminate a merchant’s Program at any time.

Merchant or User Credit associated with any merchant loyalty programs has no cash value. You have no property interest in any Merchant or User Credit. If a Program is terminated for any reason, or if your User Account is suspended or terminated for any reason, any existing Merchant or User Credit will expire immediately.

Redemption or application of Merchant or User Credit for alcoholic beverages is at the sole discretion of the merchant, and is subject to (and may be limited by) merchant’s compliance with applicable federal, state, and local laws and regulations. Merchants may refuse to apply Merchant or User Credit to delivery, processing or handling fees, or taxes or gratuities.

8. Mobile Ordering

Lunchbox enables users to transact with Lunchbox and to initiate mobile orders for goods and services for pickup by you at third-party merchant providers. In connection with such Services, Lunchbox provides information and technology to facilitate your order and your purchase from Lunchbox. Lunchbox’s mobile ordering Services do not imply any relationship to the third-party provider of the goods ordered. Providers accessible through the Lunchbox Services operate independently, and through third-party ordering services, websites, and apps, and may not have any agreement with or relationship to Lunchbox. All merchant names and trademarks appearing within the Lunchbox Apps are the property of their respective owners and do not imply any endorsement of Lunchbox or the Lunchbox Services. Lunchbox does not warrant the completeness or accuracy of any information, including menu information or product descriptions, obtained from third parties and displayed within the Lunchbox Services. Merchant rewards offered by third-parties through channels, programs, or apps not integrated to the Lunchbox platform will not be available when using the Lunchbox Services for purchasing and mobile ordering.

Lunchbox may charge you a convenience or service fee in addition to the amounts charged by the merchant in connection with a Lunchbox transaction utilizing Lunchbox’s mobile ordering services. This fee will be displayed in the App and in your email receipt as a “Service Fee”.

9. Privacy, Security, and User Data

Lunchbox Privacy Policy. Lunchbox takes care to protect your privacy and security. Upon acceptance of these User Terms you confirm that you have read, understood and accepted Lunchbox’s Privacy Policy, available here https://www.lunchbox.io/privacy-policy, which is incorporated herein in its entirety. Because the Privacy Policy is updated from time to time, we urge you to revisit the site from time to time at your convenience.
Payment Instrument Security. Lunchbox is compliant with the Payment Card Industry Data Security Standards (“PCI-DSS”). Lunchbox will never share your payment instrument information with any person other than as necessary to process the payments you authorize. Lunchbox does not store your payment instrument information on Lunchbox’s servers. Rather, we partner with Braintree Payment Services (“Braintree”), a globally respected payment gateway, to leverage its secure vault solutions for all payment instrument storage. All data sent to Lunchbox’s servers is encrypted and our servers are protected by industry standard measures. By leveraging Braintree for storage, we are able to add another layer of security to Lunchbox. If you have any further questions about Lunchbox’s security measures, we provide our Security Policy a https://www.lunchbox.io/security-policy.

No Access to Financial Information. Lunchbox Apps, and any software applications or websites that you may authorize to access your User Account, are not able, or authorized, to capture or store your financial account information provided to Lunchbox, or details of your linked payment instruments, including on your mobile device, without your expressly granted permission. You should never be asked by any merchant to disclose your financial account information, or your payment instrument information, or to provide any other sensitive information such as your Social Security number, in connection with any Lunchbox transaction. If you are asked for such information, you should report the incident to Lunchbox immediately.

Grant of Permissions to User Data to Lunchbox. As a condition of your use of the Lunchbox payments and customer rewards platform and/or any Lunchbox App, you authorize Lunchbox to capture, store, and use, securely, information concerning the use of your Lunchbox User Account, your Lunchbox App(s), and your transactions at all merchants (“User Data”). Lunchbox uses this User Data, in accordance with the permissions granted by you and Lunchbox’s Privacy Policy, primarily in order to ensure compliance with all applicable federal and state laws and regulations concerning your payments, to provide the Services (analytics, transaction receipts, awarding and redeeming User Credit) set forth in these User Terms, including in collaboration with Braintree, and to provide Services to you and to our Lunchbox merchant partners that utilize Lunchbox Services for marketing purposes. By agreeing to these User Terms, you grant Lunchbox rights to collect, retain, share, and use User Data for any purpose in accordance with Lunchbox’s Privacy Policy and Lunchbox’s agreements with its merchant partners.

Grant of Permissions to User Data to App Provider. By agreeing to these User Terms in connection with your download of a Lunchbox App, or by signing into an App using your existing Lunchbox User Account, you also agree to grant the following permissions to the App and the entity identified as the App provider: creating orders, claiming Program rewards, providing access for you manage your account information (such as basic info and default funding sources) within the App, viewing credit at nearby locations and other account related permissions. By signing into an App with your Lunchbox User Account, you also authorize the App provider the use of your email address, which may be used in accordance with the provider’s own privacy policy.

Grant of Additional Permissions. When you connect to the Lunchbox platform via the use of a third-party website or software application, you will be asked to grant certain specified permissions to the provider of such third-party website or software, including for example to access your User Account, create orders for your account, and read your transaction history. Lunchbox App providers may also request new or additional permissions from you in the future. Such parties may condition the download, and/or continued use of a website, software application, or Lunchbox App upon your grant of certain additional specified permissions. The decision to grant such permissions is in the sole discretion and responsibility of the User. You understand and agree that Apps, software applications, and websites provided by third parties that request access to your User Account are not controlled by Lunchbox. You should investigate diligently any party requesting permissions in your User Account before agreeing to grant such access. The permissions granted by you to any App provider, or any third-party software or website provider, may be transferred to any other entity without your approval.

Revocation or Permissions. You may revoke permissions granted to a Lunchbox App or any software application or website at any time by logging in to the Lunchbox website at https://www.lunchbox.io/.

10. Merchant Gift Cards

Lunchbox enables you to give and receive digital merchant gift cards, online or through certain Lunchbox Apps, and plastic merchant gift cards. When you pre-pay, including pre-pay with Apple Pay, within a merchant Lunchbox App, your payment is stored as a digital merchant Gift Card. Plastic merchant gift cards can be used to make a purchase at a merchant location by scanning the QR code on the card, or they can be linked to your Lunchbox User Account by simply using your phone to scan the Lunchbox QR code on the plastic card or entering the card information in a form online at https://www.lunchbox.io/login.

Lunchbox merchant gift cards may only be used to purchase goods or services from the specific merchant identified on the digital or plastic gift card (the “Gift Card Merchant”). The Gift Card Merchant may limit the Merchant’s participating locations, either physical or online, where the gift card may be used.

Lunchbox merchant gift cards are issued by the Merchant identified on the gift card. Merchant gift cards are not issued by, or financial obligations of, Lunchbox.

A merchant gift card balance (“Gift Card Credit”) linked to your Lunchbox User Account will be applied automatically whenever you scan your Lunchbox QR code at checkout at the Gift Card Merchant. If the linked merchant Gift Card Credit balance is less than the transaction amount, you authorize Lunchbox to charge to your linked payment instrument in your Lunchbox account for the remaining transaction amount in accordance with these Terms of Use.

Neither Lunchbox nor the Gift Card Merchant charges you any fee related to your merchant gift card, including for the purchase, issuance, activation or use of the card. Your gift card and the Gift Card Credit associated with your gift card have no expiration date.

Except where required by law, the balance of Gift Card Credit associated with a merchant gift card is nonrefundable and may not be resold or redeemed for cash or other gift cards. Merchant gift cards are not reloadable
Any refund related to a purchase made with the gift card will be credited back to the gift card used for the initial payment.

Once linked to a Lunchbox User Account, a plastic merchant gift card is not transferable to another user, and the code on the plastic card may no longer be useable for purchases.

You may purchase a digital merchant gift card for a designated recipient by entering email address of the recipient via the Lunchbox website at https://www.lunchbox.io/ or through certain merchant Lunchbox Apps. The recipient will be notified of the gift card by email and/or through an in-app notification, and may claim the gift card: (i) in certain Lunchbox Apps; (ii) by clicking a link in the email and entering their Lunchbox User Account credentials to associate the gift card with their account; or (iii) by clicking a link in an email to activate the card and by printing the email displaying the email’s QR code at a merchant point-of-sale scanner. Your Lunchbox User Account will be charged when you purchase the digital merchant gift card.

Lunchbox merchant gift cards may be purchased in any amount up to $500.00 dollars. No more than $1,000.00 of merchant Gift Card Credit may be associated with a Lunchbox User Account at any time. If you are a new Lunchbox User, Lunchbox may in its discretion limit the amount of a purchased gift card to a lower amount.

Merchant or Lunchbox credit may not be redeemed for the purchase of gift cards, and the purchase of a gift card will not count toward any Merchant campaign unless specified otherwise. Other limits may apply to card redemption and use.

Lunchbox is not responsible for lost, stolen, damaged or destroyed cards or for unauthorized use. Risk of loss and title for the card and associated Gift Card Credit pass to you, the purchaser, and you are solely responsible for loss or unauthorized use affecting your purchased gift card. To help secure your plastic gift card, please link it to your Lunchbox User Account. Do not share your Lunchbox login information with others.

Lunchbox disclaims all express or implied warranties, including warranties of merchantability or fitness for a particular purpose, as to the merchant gift cards, to the extent permitted by law. In the event a physical gift card does not work, your sole remedy and the Gift Card Merchant’s and our sole liability will be the replacement of such physical gift card, subject to applicable law. Gift card terms are subject to change in Gift Card Merchant’s sole discretion, in accordance with applicable law.

Lunchbox and Gift Card Merchant reserve the right to adjust the balance of your merchant gift card in the event of a clerical, billing or accounting error. Transactions or corrections concerning your merchant gift card may be disputed by contacting Lunchbox Support within 60 days of the disputed transaction or correction.

A merchant Gift Card Credit balance can be viewed within a Lunchbox App, by logging into your Lunchbox User Account at https://www.Lunchbox.io/login, or by contacting Lunchbox Support at support@Lunchbox.io.

11. Ideas Submitted to Lunchbox; User Content

User Ideas. Lunchbox is pleased to hear from you and welcomes your comments about the Lunchbox platform. If you submit ideas or suggestions for the Lunchbox platform (“Comments”), you agree that all Comments will be deemed, and will remain, non-confidential and the sole property of Lunchbox, without compensation to you. None of the Comments will be subject to any fiduciary obligation or obligation of confidence on the part of Lunchbox, and Lunchbox will not be liable for any use or disclosure of any Comments. Without limiting the foregoing, Lunchbox will be entitled to unrestricted use and other exploitation of the Comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the Comments.

12. Copyright Infringement; Digital Millennium Copyright Act

Lunchbox complies with the provisions of the Digital Millennium Copyright Act (“DMCA”). If you believe that any material contained in a Lunchbox App or on a Lunchbox website infringes a copyright that you control, you may contact our Designated Agent with a notification of such infringement at the following address:

Lunchbox Technologies, Inc.

1216 Broadway SUITE#305 New York, NY 10001

Lunchbox requests that any notice alleging that materials hosted by or distributed through the Services infringe intellectual property rights include the following information (17 U.S.C. § 512(c)(3)): (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right allegedly infringed; (b) a description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of the material that you claim is infringing and where it is located on the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good faith belief that the use of the materials on the Services of which you are complaining is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Counter Notices. If material that you have posted to the Services has been removed or disabled, you may file a counter notice pursuant to 17 U.S.C. § 512(g). To be effective, the counter notice must be a written communication sent to the designated agent address listed above that includes the following: (a) a physical or electronic signature of the subscriber; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; (c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; (d) your name, address, and telephone number; and (e) a statement that you consent to the jurisdiction of United States District Court for the judicial district in which the address is located or, if your address is outside of the United States, for any judicial district in which Lunchbox may be found, and that you will accept service of process from the person who provided notification under subsection 17 U.S.C. §512 (c)(1)(C) or an agent of such person.

13. Suspension; Modifications and Termination

Termination by User. You may terminate this Agreement at any time by closing your Lunchbox User Account and ceasing to use the Lunchbox Services, and all Lunchbox Apps.

Termination by Lunchbox. Lunchbox reserves the right to suspend or terminate your User Account and/or your access to the Lunchbox Services at any time, without notice to you, if it believes, in its sole and absolute discretion, that you are in breach of this Agreement, or if it believes that you are using the Lunchbox Services or any Lunchbox App in a manner harmful to Lunchbox, its merchants, users, or any other third party. Any such termination, suspension, or modification will terminate any Merchant or User Credit that you rightfully earned prior to termination.

Modification of Services and Terms. Lunchbox reserves the right to modify the Services and Lunchbox Apps, any features or aspects of the Services or Apps at any time, without notice to you. Lunchbox may also from time to time amend, update, or change these User Terms. If Lunchbox does so, it will notify you by posting the amended terms on our website. You are under a continuing obligation to review the current version of these User Terms and other published Lunchbox policies when using the Lunchbox Apps and/or Services. You agree that your continued use of your Lunchbox User Account, the Lunchbox Services, or the Lunchbox Apps shall constitute your agreement to the User Terms as so amended. If you do not agree to the amended Terms, you must terminate your User Account and cease using the Lunchbox Services and Lunchbox Apps.

Obligations in the Event of Termination. If your Lunchbox User Account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using the Lunchbox Services and all Lunchbox Apps, (c) that the license provided by Lunchbox under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the User Data stored by Lunchbox, and (e) that Lunchbox shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Lunchbox or for termination of access to your Lunchbox User Account.

Sections 4, 8, 9, and 13-17, any accrued rights and remedies hereunder, including specifically Lunchbox’s rights to retain and use User Data and complete any authorized transactions, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.

14. No Warranties

The Lunchbox Services and Lunchbox Apps are provided on an “as-is” basis. Lunchbox does not warrant that the Services or Lunchbox Apps will operate error-free or without downtime. Lunchbox may pause or interrupt the Services at any time, and users should expect periodic downtime for updates to the Service.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Lunchbox DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT, AND ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING AND USAGE OF TRADE. Lunchbox DOES NOT WARRANT THAT THE Lunchbox SERVICES AND/OR ANY Lunchbox APP: (i) WILL PROVIDE RESULTS OR INCLUDE CONTENT THAT IS ACCURATE, RELIABLE OR CORRECT; (ii) WILL MEET YOUR REQUIREMENTS; (iii) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; OR (iv) WILL BE FREE OF DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF LUNCHBOX AND IT’S APPS IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM Lunchbox OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

You are solely responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access the Lunchbox Services, and for paying for such equipment and any telecommunications charges. We are not liable for any third-party charges, or loss or damage you suffer arising from damage to equipment used in connection with use of the Lunchbox Services.

Lunchbox is not responsible for the goods and services that you purchase using the Lunchbox Services or any Lunchbox App. The providing merchant is responsible for all customer service related to those goods and services, including order fulfillment, order cancellation, returns, refunds and adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. Lunchbox is also not responsible for any customer service related to your payment instrument(s).

Because we do not control the security of the Internet, or other networks you use to access the Lunchbox Services, Lunchbox is not responsible for the security of information that you choose to communicate with Lunchbox while it is being transmitted. Lunchbox is not responsible for any data lost during transmission.

15. Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL Lunchbox, OR ANY OF LUNCHBOX’S MERCHANTS, PROCESSORS, SUPPLIERS, OR LICENSORS (OR ANY OF THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES) BE LIABLE TO YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS, PROFITS, USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES), ARISING FROM OR RELATING TO THE USE OF, OR INABILITY TO USE, THE Lunchbox SERVICES OR ANY Lunchbox APP, OR ANY LOYALTY CREDIT OFFERED OR AWARDED, OR ANY GOODS AND SERVICES PURCHASED WITH THE Lunchbox SERVICES OR ANY Lunchbox APP. Lunchbox SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Lunchbox SERVICES, YOUR Lunchbox USER ACCOUNT, ANY Lunchbox APP, OR THE INFORMATION CONTAINED THEREIN. Lunchbox SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE Lunchbox SERVICES OR ANY GOODS OR SERVICES PURCHASED USING THE SERVICES.

THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND EVEN IF Lunchbox OR A MERCHANT HAD BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

With respect to any unauthorized, fraudulent transaction conducted using your User Account, absent any violation of these User Terms by you, your right to reimbursement for any direct losses (i.e., losses not refunded by your payment instrument issuing entity) as set forth herein shall be your sole and exclusive right and remedy for any loss or damages incurred by you arising out of, in connection with, or relating to any fraudulent or unauthorized use of your Lunchbox User Account, and Lunchbox may condition its payment of any fraud or unauthorized use reimbursement upon your releasing Lunchbox from any further claims with respect thereto.

An action or proceeding relating to any claim arising out of the Lunchbox Services or any Lunchbox App must commence within the shorter of the applicable statute of limitations or one year after the cause of action has accrued.

16. Release of Claims; Indemnity

You hereby release, and agree to defend, indemnify and hold harmless Lunchbox against any and all claims, actions, proceedings, suits, liabilities, losses, damages, costs, expenses and attorneys’ fees arising in connection with or relating to: (i) your improper or illegal use of the Lunchbox Service or any Lunchbox App; (ii) your breach of any provision of this Agreement; (iii) your violation of any federal, state, or local law or regulation; (iv) any goods and services purchased with the Lunchbox Service; (v) any act or omission of any merchant; and/or (vi) your participation in any merchant loyalty campaign or Loyalty Credit awarded or redeemed with the Lunchbox Services or any Lunchbox App (“Damages”). Lunchbox reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You agree to cooperate with Lunchbox with respect to such defense and settlement.

17. Disputes; Arbitration

Lunchbox seeks reasonably to attempt to resolve disputes with Users to their satisfaction. If, however, a matter arises that cannot be resolved promptly between you and Lunchbox, you agree that any disputes arising out of or relating to the Lunchbox Services, any Lunchbox App, or this Agreement (including, without limitation, the validity, applicability, or enforceability, and scope of the agreement to arbitrate and any disputes with Lunchbox’s third-party licensors or merchants) shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under the Federal Arbitration Act and shall be conducted before a single arbiter pursuant to the applicable Rules and Procedures established by the AAA (for information on the AAA and its rules, see adr.org). You agree that the arbitration shall be held in Boston, Massachusetts, unless the AAA or the arbitrator shall determine that venue in Boston is unreasonably burdensome, in which case the AAA or the arbitrator shall select a venue that is not unreasonably burdensome to both you and us. You agree that, if the AAA shall be unavailable or decline to administer the arbitration, and the parties do not agree on a substitute, a substitute administrator or arbitrator shall be appointed by the court. This provision shall not apply to claims of patent, trademark, copyright infringement, or misappropriation of trade secrets. In addition, you or we may elect to bring an individual claim in a small claims court, but Lunchbox does not hereby agree to any personal jurisdiction that is otherwise lacking.

You agree that any arbitration shall not permit claims on a class, mass, representative, or private attorney general basis. You further agree that no claims of other parties may be consolidated with your or our claims in the arbitration without both your and our consent. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JURY AND TO PARTICIPATE IN A CLASS, MASS, REPRESENTATIVE, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED ACTION AGAINST Lunchbox.

If any part of this Arbitration clause is later deemed invalid as a matter of law, then it shall be severed and the remaining portions of this section shall remain in effect, with the exception that if the preceding paragraph is deemed invalid, then this entire section shall be deemed invalid and the arbitration clause shall be void.

18. Miscellaneous Provisions

This Agreement represents the entire agreement of the parties as to its subject matter, and supersedes all prior written and oral representations and discussions between the parties.

This Agreement shall be governed by the laws of the Commonwealth of Massachusetts without reference to principles of conflicts of laws.

No delay or omission by Lunchbox in exercising any of its rights occurring upon any noncompliance or default by you with respect to this Agreement will impair any such right or be construed to be a waiver thereof, and a waiver by Lunchbox of any of the covenants, conditions or agreements to be performed by you will not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement hereof contained.

Except as provided in §16 above, if any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, then this Agreement will remain in full force and effect and will be reformed to be valid and enforceable while reflecting the intent of the parties to the greatest extent permitted by law.

In no event shall Lunchbox be liable for any failure to comply with this Agreement to the extent that such failure arises from factors outside Lunchbox’s reasonable control.

The provisions of this Agreement are entered into for the benefit of Lunchbox, its third party licensors, and the merchants and each of them shall have the right to enforce such provisions of this Agreement, including the arbitration clause, directly against you to protect their interests. Except as stated in the preceding sentence, there shall be no third party beneficiaries to this Agreement.

Lunchbox reserves the right to change or add to these User Terms at any time. When we do so, we shall provide notice on our website by posting the updated User Terms. You agree that if you do not agree to any such amendment, you shall immediately terminate this agreement. Your failure to do so, or continued use of any Lunchbox App or Service, shall constitute agreement to User Terms as so amended.

In the event of a conflict between this Agreement and any other Lunchbox agreement or policy provided to you, directly or indirectly, this Agreement shall prevail on the subject matter of this Agreement.

Effective Date of these Terms of Service: January 10, 2018

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