JUST SOME LEGAL STUFF

  • MERCHANT TERMS & CONDITIONS
    Merchant Terms & conditions

    These Terms & Conditions are a legally binding agreement (“Agreement” or “Terms”) between you either an individual, group or entity (the “User”, “You”, or “Your”) and Tallyhere Inc a company incorporated in accordance with the Laws of New York, United States of America and trading at www.thehoverbox.com (hereinafter referred to as Hoverbox, Hoverbox Rewards”, “Tally”, “Website”, “Application”, “We”, “Us” or “Our”). Tally is a provider of an online application that offers digital rewards program that Merchants can offer to their Customers to encourage and reward shopping with them, as well as to help local business, retailers (“Store”, “Merchant”) meet their overall goals of customer relationship management.

    By using the Website, You agree to comply with and be legally bound by these Terms, whether or not You register as a Merchant. This Agreement governs Your access to and use of the Website/Application and all Collective Content (defined below). Please read these Terms and Conditions carefully. If You do not agree with these Terms, please stop accessing the Website immediately.

    Hoverbox may amend these Terms at any time by posting a revised version on the Website. If We amend these Terms, We will update the “Last modified date” at the top of these Terms.

    If the amended version materially reduces Your rights or increases Your responsibilities, We may or may not notify You via email in advance of the effective date in order to give You notice. By continuing to use or access the Website / Application after We have notified You of the Amendment, You are indicating that You agree to be bound by the amended Terms.

    Key Terms
    Store - all local business and retailers who sign-up as a Merchant with Hoverbox. Customer - any User who makes use of the free Hoverbox Rewards app made available by Hoverbox to interact with rewards program offered by the Merchant. User - means anyone who accesses the Website including but not limited to Merchant and Customer. Collective Content - All content publicly visible on the Website.

    YOU UNDERSTAND AND AGREE THAT HOVERBOX IS NOT A PARTY TO ANY SALE PURCHASE AGREEMENTS BETWEEN THE STORE AND THE CUSTOMER, NOR IS HOVERBOX MERCHANT’S AGENT OR INSURER. HOVERBOX HAS NO CONTROL OVER ANY STORE OFFERS OR THE CONDUCT OF ANY USERS OF THE WEBSITE. TALLY DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

    Certain areas of the Website (and Your access to or use of certain Services or Collective Content) may have different terms and conditions posted or may require You to agree with and accept additional terms and conditions. If there is a conflict between these terms and terms and conditions posted for a specific area of the Website, the latter terms and conditions will take precedence with respect to Your use of or access to that area of the Website. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE WEBSITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE WEBSITE. If You accept or agree to these Terms on behalf of a company or other legal entity, You represent and warrant that You have the authority to bind that company or other legal entity to these Terms and, in such event, "You" and "Your" will refer and apply to that company or other legal entity.

    Eligibility
    Hoverbox is not intended for users under the age of eighteen (18) years (“Children”), if You are under the age of 18 years, You are not eligible to use Hoverbox. If You are registering as a Merchant for a Hoverbox account, You represent and warrant that You are an authorized representative of the Store with the authority to bind such Store to these Terms; and agree to be bound by these Terms on behalf of the Store.

    How it works
    When a Merchant registers for a Hoverbox account, Hoverbox provides the Merchant with a starter kit that includes a tablet, tablet stand, tablet charger, security cable, access to Hoverbox’s proprietary software and 100 Hoverbox QR Code key tags to distribute to their Customers. All aforementioned items are delivered within five to seven days from the time Merchant register an account by signing up with Hoverbox.

    Merchants use the Hoverbox software and equipment to run and manage their digital reward programs that award loyalty points to customers on transactions from a Store that has a registered location with Hoverbox. Should the Merchant decide to add another location to their existing account, they can easily do so without creating a new account by simply adding a location. There is an additional fee payable for each location as described in more detail in the Payment, Cancellation and Refund Policy below. Please note that a Merchant can purchase an additional tablet for their store use but they can only login on one device at a time, unless additional access is purchased along with the tablet.

    We do not provide Merchants with any personally identifiable information on customer who visit or transact with their store, however, we do share capture and share certain data for example: how many customers checked into Your Store between a specific time of the day and date. This information is for Store’s business intelligence purposes only to help Merchants better understand customer-shopping habits and create offers that are attractive for customers. Unless explicitly specified otherwise on the Website, Our responsibility is limited to facilitating the availability of the Website, proprietary software and equipment to our Merchants. PLEASE NOTE THAT, HOVERBOX CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY STORE OFFERS AND THE ACCURACY, QUALITY, LEGALITY OR SUITABILITY OF ANY SUCH OFFERS ON THE WEBSITE. HOVERBOX IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL OFFERS MADE BY STORES. ACCORDINGLY, ANY PURCHASE DECISIONS WILL BE MADE BY THE CUSTOMER AT THEIR OWN RISK.

    Payment, Cancellation and Refund Policy
    Merchants must subscribe to benefit from the digital rewards services offered by Hoverbox by signing-up at www.thehoverbox.com. As a Merchant, You only pay the monthly subscription fee of $95 which is payable when You first sign-up and each month thereafter, until You choose to cancel Your subscription. By default, Your Hoverbox subscription only offers You digital reward service to manage only one location. You may add another location on to Your existing Hoverbox account for an additional monthly subscription fee of $50 per month payable on a monthly basis on same terms and date as Your initial Hoverbox subscription. You will receive a new starter kit for each location that You add to Your Hoverbox account. All payments are inclusive of taxes and there are no hidden costs. You agree that We will charge Your account according to the subscription fee listed on the Website at the time You Sign-up. Hoverbox uses Stripe payment processor to process Your subscription fees online. By accepting Our Payment Policy, You further agree to comply with Stripe’s Terms and Condition and to provide Us with accurate, complete and current payment information. Please note that the subscription fee is fully earned on the payment day and we do not offer any pro-rata refunds should You choose to cancel Your subscription before the end of Your billing cycle. To cancel Your account You must notify us via e-mail at admin@thehoverbox.com with the words “Cancellation” in the subject line. You will be charged a cancellation fee of $59 at the time You cancel Your subscription but You may continue to use the service until the end of Your billing cycle. You must cancel Your account before it renews for the following month to avoid billing for the next period. Upon cancellation You may keep any equipment received (tablet, tablet cover, tablet charger, security cable, window sticker and QR code key tags) during Your subscription. We reserve the right to modify the subscription fees, payment, cancellation and refund policy at any time by amending these Terms without any notice to You.

    Account Registration and Access
    To benefit from Hoverbox services, You must create an account with Hoverbox by providing Us with the required information. You agree to provide Us with complete and accurate information upon registering as a Merchant for a Hoverbox account. You are advised not to share or disclose Your login details to any third party. We will not be held liable for any unauthorized access to Your Hoverbox account.

    We reserve the right, but are not obligated to access Your account and the information that You have provided, for support, maintenance purposes or for any security-related or business reasons.

    Tallyhere Inc. reserves the right to suspend or terminate Your account and Your access to Hoverbox’s proprietary software if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding Your sign-in credentials including Your password. You agree that You will not disclose Your password to any third party and that You will take sole responsibility for any activities or actions under Your Hoverbox Account, whether or not You have authorized such activities or actions. You will immediately notify Hoverbox of any unauthorized use of Your Hoverbox account.

    Restrictions on Use
    In connection with Your use of Hoverbox’s proprietary software, You may not and You agree that You will not: Violate any local, state, provincial, national, or other law or regulation; use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, "scrape," "crawl" or "spider" any web pages or other services contained in the Application; access or use our Website to use, expose, or allow to be used or exposed, any Hoverbox Content: (i) that is not publicly displayed by Hoverbox in its search results pages or; (ii) in any way that is inconsistent with Hoverbox’s Privacy Policy or Terms; or (iii) in any way that otherwise violates the privacy rights or any other rights of Hoverbox users or any other third party; use the Website for any commercial or other purposes that are not expressly permitted by these Terms; copy, store or otherwise access or use any information contained on the Website for purposes not expressly permitted by these Terms; infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights; interfere with or damage our Website, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology; Collect or store any personally identifiable information about any other User other than for purposes of transacting as a Merchant; offer, as a Merchant, any Goods or Service Offering that You do not Yourself render or have permission to render; Register for a Merchant Account on behalf of an individual or entity that You are not authorized to represent. Recruit or otherwise solicit any Store or other Customer to join third-party services or websites that are competitive to Hoverbox, without Hoverbox's prior written approval; impersonate any person or entity, or falsify or otherwise misrepresent yourself or Your affiliation with any person or entity; use automated scripts to collect information from or otherwise interact with the Website; systematically retrieve data or other content from our Website to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; use, display, mirror or frame the Website, or any individual element within the Website, Hoverbox's name, any Hoverbox trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Website, without Hoverbox's express written consent; access, tamper with, or use non-public areas of the Website, Hoverbox's computer systems, or the technical delivery systems of Hoverbox's providers; attempt to probe, scan, or test the vulnerability of any Hoverbox system or network or breach any security or authentication measures; avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Hoverbox or any of Hoverbox's providers or any other third party (including another user) to protect the Website; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Website; or advocate, encourage, or assist any third party in doing any of the foregoing. You acknowledge that Hoverbox has no obligation to monitor Your access to or use of the Application, but has the right to do so for the purpose of operating and improving the Hoverbox service (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure Your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms.

    Privacy
    You agree that Hoverbox's Privacy Policy (as may be updated from time to time) governs Hoverbox's collection and use of Your personal information. Ownership of Content Tallyhere Inc. owns the code, databases, and all rights to the Website including User transaction / interaction data with the Store. We will feed specific data back into the system to enhance user experience and maximise the value of Our service to Merchants and Customers.

    You acknowledge and agree that any questions, comments, ideas, suggestions for new features, suggestions for improvements to existing features, feedback or other information about the Website, provided by You to the Website are non-confidential and shall become the sole property of Hoverbox. You may make submissions by emailing Us, through the help or contact section of the Website, or by other means of communication. Hoverbox shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these ideas for any purpose, commercial or otherwise, without acknowledgment or compensation to You.

    Intellectual Property Rights
    All rights, title and interest in any data collected from Customers through the free Hoverbox Rewards app, including but not limited to customer’s personally identifiable information (“Customer data”), is owned by Hoverbox. You accept and agree that You do not have any rights or title to the aforementioned data and waive any right to claim access to such data. In addition to the above all content visible on the Hoverbox Rewards Application including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Hoverbox Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by and/or licensed to Hoverbox, subject to trademark, copyright and other intellectual property rights under the national laws of USA and foreign laws and international conventions. Customer data, Hoverbox Content and Contributions made available on or via the Website, are provided to You AS IS for Your information and Your business use as defined under these terms only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any other purpose whatsoever without the prior written consent of Hoverbox. Hoverbox reserves all rights not expressly granted in and to the Application, Customer data and the Hoverbox Content. You agree that You will not use, copy, or distribute any of the Hoverbox Content or Customer data other than expressly permitted herein for any commercial purposes. If You download or print a copy of any Hoverbox content or customer data for business intelligence purposes, You must retain all copyright and other proprietary notices contained therein. You further agree that You will not take any steps to circumvent, disable or otherwise interfere with the security related features of the Hoverbox Rewards Application; or features that prevent or restrict use or copying of any Tally Content and Customer data.

    Disclaimer of Warranties
    TO THE FULLEST EXTENT PERMITTED BY LAW, HOVERBOX, AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIMS ANY RESPONSIBILITY FOR THE LOSS OF DATA, DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION.

    ALL MATERIAL INFORMATION, PRODUCTS AND SERVICES INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH HOVERBOX ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEDGE THAT AS USED IN THIS CLAUSE, THE TERM WEBSITE AND HOVERBOX INCLUDES HOVERBOX’S OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LISCENSORS AND SUBCONTRACTORS.

    HOVERBOX AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND / OR CONTENT PROVIDERS DO NOT WARRANT THAT: 1. THE WEBSITE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; 2. ANY DEFECTS OR ERRORS WILL BE CORRECTED; 3. ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR 4. THE RESULTS OF USING THE WEBSITE WILL MEET YOUR REQUIREMENTS.

    YOU AGREE THAT YOUR USE OF THE HOVERBOX APPLICATION SHALL BE AT YOUR SOLE RISK.

    Reservation of Rights Hoverbox reserves all rights not expressly granted in these Terms.

    Governing Law and Dispute Resolution The laws of New York, USA, govern these Terms. The parties agree that any dispute or claim arising out of or in connection with this Agreement or its subject-matter, shall be subject to the non-exclusive jurisdiction of the courts in New York in accordance with the laws of the State. Hoverbox shall retain the right, for its exclusive benefit, to institute proceedings arising out of Your use of the Website in the courts of the state/country in which You reside. Waiver of Jury Trial HOVERBOX AND THE MERCHANT AGREE TO WAIVE THEIR RESPECTIVE RIGHTS TO A TRIAL BY JURY OF ALL CLAIMS OR CAUSES OF ACTION RELATED TO OR ARISING OUT OF THESE TERMS AND CONDITIONS. THIS WAIVER WILL BE APPLICABLE TO ANY AND ALL SUBSEQUENTLY AMENDED VERSIONS OF THESE TERMS. No Class Actions The Merchant accepts and agrees that any claims between the Merchant and Hoverbox will be litigated individually and the Merchant will not consolidate or seek a class action for any claim with respect to Merchant’s use of the Hoverbox Application and services.

    Indemnification
    You agree to release, defend, indemnify, and hold Hoverbox and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: a. Your access to or use of the Website. b. Your violation of these Terms; c. Your violation of any third party right, including without limitation any copyright, property, or privacy right; d. Your: d.i. Interaction with any Customer, d.ii. Store offer; d.iii. Loyalty points; d.iv. Customer redeeming loyalty points

    Limitation of Liability
    HOVERBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS ASSUME NO LIABILITY OR RESPONSIBILITY FOR, AND IN NO EVENT SHALL HOVERBOX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM, ANY:

    ANY LOSS (MONETARY OR PERSONAL) OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE APPLICATION, ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM ANY WEBSITE. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE APPLICATION, OR SITES LINKED TO BY THIS APPLICATION, BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSIONS IN ANY WEBSITE, APP, SERVICE, CONTRIBUTION(S) OR OTHER CONTENT MADE AVAILABLE BY HOVERBOX, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTRIBUTION(S) OR OTHER CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, DELICT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TALLY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. PLEASE NOTE THAT TALLY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCTS MARKETED OR OFFERED BY A STORE/MERCHANT THROUGH THE USE OF HOVERBOX’S DIGITAL REWARDS PROGRAM OR ANY LINKED WEBSITE, AND HOVERBOX WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

    YOU SPECIFICALLY ACKNOWLEDGE THAT HOVERBOX SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY USER OR THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

    Hoverbox makes no representations regarding the suitability or availability of the Application for use in locations other than those specified by Hoverbox on its Website. Merchants from other jurisdictions who use and access the Application do so at their own volition and are responsible for compliance with their local laws.

    Basis of the Bargain
    YOU ACKNOWLEDGE AND AGREE THAT HOVERBOX HAS OFFERED ITS APPLICATION, SET ITS SUBSCRIPTION FEES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND HOVERBOX, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND HOVERBOX. HOVERBOX WOULD NOT BE ABLE TO PROVIDE THE APPLICATION TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

    Miscellaneous
    Notice.
    Hoverbox may provide You with notices, including those regarding changes to Our Terms, by email, regular mail, or by changing the last modified date on the top of the Terms. Notice will be deemed given twenty-four hours after email is sent, unless Hoverbox is notified that email address is invalid. Alternatively, we may give You legal notice by email provided by You during the signup process. In such case, notice will be deemed given on the date the email is sent. Notice posted on the Application is deemed given at the time it is posted.

    Waiver.
    The failure of Hoverbox to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Hoverbox.

    Severability.
    If any provision of these Terms is held to be unlawful, void, or unenforceable, then such provision will be limited to the minimum extent required by law and will not affect the validity and enforceability of any remaining provisions.

    Assignment.
    These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Hoverbox without restriction. Any assignment of rights and obligations made in contravention to these Terms shall be void.

    Survival.
    Any provision of this Agreement which, by its nature or express terms should survive, will survive the termination or expiration of the Agreement.

    Entire Agreement.
    These Terms (including Hoverbox’s Privacy Policy and terms incorporated herein) are the entire agreement between You and Hoverbox relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to these Terms or Guidelines made by Hoverbox.

    Claims
    You and Hoverbox agree that any cause of action arising out of or related to the use of Hoverbox Application or service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

  • MERCHANT PRIVACY POLICY
    Merchant Privacy policy

    Welcome to www.thehoverbox.com (“App”, “Site” or “Service”) owned and operated by Tallyhere Inc a company incorporated in accordance with the Laws of New York, USA (“Company”, "Us", "We", or "Our").

    This Policy informs you about how we collect, use and disclose your Personal information when you use our Platform. We do not use or share your personal information with anyone except in accordance with this Privacy Policy.

    We use the information We collect from You to deliver and improve our Service to You and Our other Users. By continuing to use Our Platform, You give Us your express consent to collect and use of Your Personal Information as stated in this Privacy Policy. Unless expressly stated otherwise, all terms used in this Privacy Policy will hold the same meaning as that in the Terms and Conditions of the App.

    Information we collect and how we use such information
    When a Customer registers for the Hoverbox Rewards App we require them to provide us with specific personally identifiable information which includes their Name, email address, phone number and gender (“Personal Information”). We use this Personal Information to contact the Customer, improve our service to the Customer as well as to Our Merchant members. We do not share any Personal Information with Merchant members for commercial or non-commercial gain. Please note that We also collect geolocation data for Customers when they Use the App. We extract only data regarding a Customer’s visit to Merchant member store and share only non-personal information about the Customer with Merchant members. In other words, this data only informs the Merchant that a Customer checked into their Store at a specific time and day. This information is intended to enhance Our service to Merchants and provide business intelligence to help them.

    Log Data
    Log data is information that your browser sends whenever you visit our App, such as Your device’s Internet protocol (“IP address”), Your browser type or version, the pages You visit on our App and data on the time, date of your visit. We may further use information from Your past transactions to analyse and improve our App’s functionality and offering to you.

    We Use Cookies
    Cookies are small files with data that we use to uniquely identify you. We do not associate any of your Personal Information with these unique identifier files. We send cookies to Your browser from Our App and these cookies are stored on your hard drive. You can tell your browser to decline all cookies or to indicate when a cookie is being sent. In the event that You decide to decline cookies from our App, You may not be able to use Our App.

    Service Providers
    From time to time we may employ other service providers to help us in facilitating our App and to assist us with intelligent analysis of how Our Service is used by our Users. These Service Providers will gain access to Your Personal Information during the course of fulfilling their work. All Service Providers We engage to assist Us are bound by Our confidentiality agreements and do not have the authority or rights to disclose Your information for any other purpose.

    Marketing Communications
    We may use Your Personal Information to send You specific promotional materials, newsletters and/or other similar marketing content that We believe you will find interesting. You can select to stop receiving such communication by simply clicking the unsubscribe link at the bottom of our promotional email, sms or by simply contacting Us at support@thehoverbox.com

    Compliance With Laws
    We may disclosure any and all Customer’s Personal Information to protect the integrity and security of Our Platform or, when required to do so by law, upon reasonable requests of the law enforcement authorities.

    Security
    The security of Your Personal Information is very important to Us, which is why We strive to keep all such data secure, however as with information in electronic storage We cannot guarantee that any transmission on the web will be fully secure. Although We make use of all commercially viable means to protect Your Personal Information, We are unable to offer any guarantees of its security.

    Links To Other Sites
    Our App may contain links to third party sites that are not owned or operated by Us. If you click on a third party link on the Platform, You will be redirected to such third party Site. Such third party Sites may have their own Privacy Policy, which may be materially different from the Privacy Policy of the Company. You are encouraged to review their Privacy Policy before You proceed to use any such Site.

    We disclaim any responsibility for content made available on any third-party sites. Your access and use these sites at Your own risk.

    Children's Privacy Protection
    Our App is not addressed for anyone under the age of 18 ("Children"). If You are under the age of eighteen (18) years, You must obtain the consent of Your parent(s) or legal guardian(s) before You access our use the App.

    We do not collect any Personal Information from anyone under the age of 18 years who does not have the consent of his or her parent(s) or legal guardian(s). If You are the parent or legal guardian of a Child and You have a reasonable cause to believe that Your child has provided Us with his/her Personal Information without Your consent, please contact Us immediately and we will remove any such Personal Information from our servers immediately.

    Changes To This Privacy Policy
    We reserve the right to modify and update this Privacy Policy at any time. We will notify you of any changes to the Privacy Policy by changing the last updated date on this page. You are advised to review this Policy periodically. Please take note that any changes will be effective when posted on this web page.

    Contact Us
    If you have any questions about this Privacy Policy, please contact us at support@thehoverbox.com.

  • USER TERMS & CONDITIONS
    Hoverbox user terms & conditions

    These Terms and Conditions (hereinafter referred to as "Agreement", “Terms and Conditions” or “Terms”) are a legally binding agreement between you either an individual, group or entity (the “User”, “Customer”, “You”, or “Your”) and www.thehoverbox.com (“Website”, “App”, “Application” or “Site”) owned and operated by Tallyhere Ltd a Company incorporated under the Laws of New York, USA (“Tallyhere”, Hoverbox, Hoverbox Rewards”, “Company”, “We”, “Us”, or “Our”). By using the App, You represent that You have read and agree to be bound by this Agreement, as well as any other guidelines, User Privacy Policy referenced herein, collectively referred to as "Terms and Conditions". Please read these Terms and Conditions carefully. Your access to the App constitutes Your acceptance of all the provisions of these Terms and Conditions. If You are unwilling to be bound by these Terms and Conditions, please do not access the App.

    1. Eligibility
    The App is not designed for use by persons under the age of eighteen (18) years. In the event that You are under eighteen (18) years of age, You confirm that You have obtained the consent of Your parent or legal guardian to enter into any binding agreement with the Company and to take responsibility for: (i) Your actions; (ii) any charges associated with any use of the App; and (iii) Your acceptance and compliance with these Terms. When You enter into this Agreement on behalf of an entity, You represent that You are authorized to enter into legally binding contracts on behalf of such entity. By using Our Services, You represent and warrant that You have the requisite right, authority, and capacity to enter into a binding legal Agreement and to abide by all of the terms and conditions set forth herein.

    2. Purpose
    This Agreement outlines the terms and conditions that govern Your use of the App. The Company hereby grants You a non-transferable, non-exclusive, limited license to access and use the App’s proprietary software and services for the intended purpose of enabling You to interact with the rewards program offered by Merchants (“the purpose”). Please note that the Company only makes available the App and requisite software for Users to interact with the rewards program offered by the Merchant / Stores and the Company cannot be held liable for any actions or omissions on any User including (Customers, Merchants and/or any third-party).

    PLEASE NOTE - ALL REWARD OFFERS AND SALE-PURCHASE AGREEMENTS ARE BETWEEN YOU THE CUSTOMER AND THE MERCHANT. AT NO TIME WILL THE COMPANY BE HELD RESPONSIBLE FOR THE FAILURE OF EITHER PARTY TO MEET ITS OBLIGATIONS UNDER ANY SALE-PURCHASE AGREEMENT OR REWARD OFFER MADE.

    THE COMPANY CANNOT AND DOES NOT CONTROL THE SUITABILITY, LEGALITY OF ANY CONTENT ON THE WEBSITE. THE COMPANY IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL MERCHANT OR THIRD-PARTY CONTENT ON THE WEBSITE. ANY DECISION YOU MAKE TO PURCHASE A PRODUCT WILL BE MADE BY YOU AT YOUR OWN RISK.

    Unless explicitly stated otherwise, the Company’s responsibility is limited to facilitating the availability of the App. To download the App please visit thehoverbox.com.

    3. User Conduct
    Users shall not use the App in order to transmit, distribute, store or destroy material, including without limitation content provided by the Company and Merchants: for any unlawful purpose or in violation of any applicable law, regulation, international law or laws of any other country; or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or that is defamatory, libellous, obscene, threatening, abusive or is offensive to Users of the App, such as content or messages that promotes racism, hatred or physical harm of any kind against any group or individual; or that is false or misleading; or that harasses or advocates harassment of another person. Users are prohibited from interfering or attempting to interfere with the security of Our Platform, which includes but is not limited to: 1. Accessing data which is not intended for You or by logging into an account which You are not authorized to access; 2. Probing, scanning or testing the vulnerability of Our system and/or Our network; Violations of system or network security may result in civil or criminal liability. Specific Restrictions on Rights to Use In addition to the above, the Users shall not: Modify, adapt, translate, or reverse engineer any portion of the App; Remove any copyright, trademark or other proprietary rights notices contained in or on the App and on the products / offers showcased on the App; Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the App for crawling the App and scraping content or to circumvent the technological methods adopted by the Company to prevent such prohibited use; Collect any information about other Users (including usernames and/or email addresses) for any purpose; Reformat or frame any portion of the web pages or Our Service offerings on the App / Website without express written consent of the Company; Create User accounts by automated means or under false or fraudulent pretences; Create or transmit unwanted electronic communications such as "spam" to other Users of the App or otherwise interfere with other User's or Visitor's enjoyment of the App; Submit any content or material that falsely express or imply that such content or material is sponsored or endorsed by the Company; Transmit any viruses, defects, Trojan horses or other items of a destructive nature; Use of the App to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that are deemed threatening or obscene; Copy or store any content offered on the App for other than your own use; Take any action that imposes, or may impose in Our sole discretion, an unreasonable or disproportionately large load on the App’s IT infrastructure;

    4. USER OBLIGATIONS
    You agree that at all times: You will comply with this Agreement and all applicable laws and regulations; You will post only accurate information on the App; You will promptly and efficiently perform all Your obligations to other Users under rewards offer and sale purchase agreement and towards the App under this Agreement; All content (whether provided by the Company, a User, Merchant or a third party) on the App may not be used on third party sites or for other business purposes without Company’s prior permission; and You will ensure that You are aware of any laws that apply to You as a Customer making a purchase or redeeming rewards offer made by the merchant, including but not limited to tax laws of New York, USA.

    You must not use the App for any illegal or immoral purpose. You grant Us an unrestricted, worldwide, royalty-free licence to use, reproduce, modify and adapt any content and information posted on the App for the purpose of providing the Hoverbox Rewards App service, for the general promotion of the App and as permitted by this Agreement. Any information posted on the App must not, in any way whatsoever, be potentially or actually harmful to the App or any other person. "Harm" includes, but is not limited to, economic loss that will or may be suffered by the Company or any Merchant makes use of Hoverbox Rewards to offer digital rewards program. Without limiting any provision of this Agreement, any information You supply to the App must be up to date and kept up to date and must not: (a) Be false, inaccurate, misleading or deceptive; (b) Be fraudulent or try to circumvent the purpose of the App; (c) Infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or intellectual property rights, rights of publicity, confidentiality or privacy; (d) Violate any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export and import control, consumer protection, unfair competition, criminal law, antidiscrimination and trade practices/fair trading laws); (e) Be defamatory, libellous, threatening or harassing; (f) Be obscene or contain any material that, in Our sole and absolute discretion, is in any way inappropriate or unlawful, including, but not limited to obscene, inappropriate or unlawful images; (g) Contain any malicious code, data or set of instructions that intentionally or unintentionally causes harm or subverts the intended function of the App, including, but not limited to viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information. When You enter into a sale-purchase agreement or accept a rewards offer using the App, You create a legally binding contract with the other App User, unless the transaction is prohibited by law or by this Agreement. If You do not comply with Your obligations to another User under a the aforementioned agreement, You may become liable to that other User. If Hoverbox Rewards App determines at its sole discretion that You have breached any obligation under this clause, it reserves the rights to remove any content, profile, rewards points received by You through the App or cancel or suspend Your account.

    5. Remedies with the Company
    The Company reserves the right to investigate and prosecute any and all violations of any contravention of these terms to the fullest extent of the law. The Company reserves the right to take all requisite actions to prevent and/or control any violation including without limitation, removing the offending content from the Website or Hoverbox Rewards App and/or terminating the account of such violators and/or blocking their use of the App. The Company reserves the right but is not obligated to investigate instances of such violations and take appropriate legal action and/or involve the law enforcement authorities in prosecuting Users who are involved in such violations.

    6. Sign-up and Access
    You may browse the Website and view content without registering, but as a condition to interacting with the rewards offer and loyalty points awarded by the Merchants You are required to sign up sign-up and use the Hoverbox Rewards App by providing Us with the required information. You agree that You will provide Us with correct and current information during the signup process and to keep such information up-to-date. In the event You fail to provide Us with correct and current information, You shall be deemed to be in breach of these terms. In the event of such breach, We reserve the right to immediately terminate Your account. We reserve the right to refuse an account registration in Our sole discretion. Please note that You are solely responsible and liable for any activity on Your account. You further accept and agree that You will not disclose Your sign in credentials to any other User or third-party or allow them to use Your Hoverbox Rewards App account. You are legally obliged to immediately notify Us of any unauthorized use and access to Your account, or similar security breach of which You become aware of. We may access Your account and the information that You have provided, for any support or maintenance purposes or for any security issues or business reasons that We see fit.

    7. Content Made Accessible by Hoverbox Rewards
    Hoverbox Rewards enables its Users to view reward offers from different Stores and manage their loyalty points from Merchants that use the Hoverbox digital reward program. You understand that Hoverbox Rewards does not control the content any User posts on the App and Hoverbox Rewards cannot guarantee the authenticity of any content or data which Merchants / Users may provide about themselves or about products through reward offers, recommendations, ratings or reviews. For purposes of these Terms, the term "Content" includes, without limitation, any reward offer, Store location, product information showcased through the App, comments, ratings, reviews, recommendations, data, text, photographs, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible by the App. Content added, created, submitted, posted or otherwise obtained through the App by Users, is collectively referred to as, "User Submissions". Hoverbox Rewards may investigate and remove any content upon a User or content owner’s request if Hoverbox Rewards, in its sole discretion, finds that such content contravenes these Terms. Hoverbox Rewards may remove any of the aforementioned content without any notice to You.

    8. User Submissions
    We may use Your User Submissions in a number of different ways in connection with the App as We may determine in Our sole discretion, including but not limited to, publicly displaying it, reformatting it, incorporating it into marketing materials, advertisements and other works, promoting it, distributing it. By submitting User Submissions on the App, You hereby do and shall grant Tallyhere Inc. a worldwide, non-exclusive, royalty-free, fully paid, sub licensable and transferable license to use, reproduce, distribute, display, perform, and otherwise fully exploit the User Submissions in connection with the App (and its successors and assigns'), including without limitation for promoting and redistributing part or all of the App or related Sites and Services. You grant each User of Tallyhere Inc. services, a non-exclusive license to access Your User Submissions through the App. You further represent that You have all the rights to grant such license to Us, including but not limited to, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights. You understand that all information publicly posted or privately transmitted through the App is the sole responsibility of the person from whom such Content originated; that the App will not be liable for any errors or omissions in any Content; and that the App cannot guarantee the identity of any other users with whom You may interact in the course of using the App.

    9. Modification of Terms of Use
    You understand and agree that these Terms and the App and any Services offered by Us can be modified by the Company at its sole discretion, at any time without prior notice to You. Please take note that any such modifications will be effective upon such new terms and/or upon implementation of the new changes on the Website/App. You agree to review the Terms and Conditions periodically so that You are aware of any such modifications and the Company shall not be liable for any loss suffered by You on Your failure to review such modified Terms. Unless expressly stated otherwise, any new features, new services, enhancements or modifications to the Website implemented after Your initial access of Website shall be subject to these Terms.

    10. Maintenance
    The Company may at its sole discretion and without assigning any reason whatsoever at any time deactivate or/and suspend a User’s access to the App (as the case may be) without giving any prior notice, to carry out system maintenance or/and upgrading or/and testing or/and repairs or/and other related work. The Company shall not be liable to indemnify a User for any loss or/and damage or/and costs or/and expense that s/he may suffer or incur, as a result of such deactivation or/and suspension of User Account.

    11. Ownership
    Except for the content submitted by the Users, on the App, any material, data, content or logos, marks, software on or part of the App and all aspects thereof is owned by the Company or its affiliate partners. You are prohibited from modifying, reproducing, distributing, creating derivative works of, publicly displaying or in any way exploiting, any of the content, software, marks, logos, and/or materials available on the Website in whole or in part except as expressly allowed under these Terms and Conditions.

    12. No Liability for User Conduct
    If You enter into correspondence or engage in commercial transactions with any Merchant or other User, such activity would be solely between You and that third party. The Company will not be liable or have any responsibility for any such activity.

    13. Disclaimer
    You accept that We have no control or duty to take any action regarding: the Product You purchase through the App; how You use Your loyalty points received from the reward offers made by any Merchant, the effects such reward offers on You; how You may interpret or use such loyalty points or reward offers; or any actions that You may take after having been exposed to any of the above. You release the Company from all liability for You having acquired or not acquired a product or loyalty point through the App. The Company make no representations regarding any Content visible on or accessed through the App, and the Company disclaims any and all liability for the accuracy, copyright compliance, availability, legality or decency of material contained in or accessed through the App. You understand that We do not, in any way, screen Customers or Merchants. In no event shall We be liable for any damages whatsoever, arising out of or relating to Your conduct or anyone else in connection with the App or Tallyhere Inc. service. You should not, under any circumstances, provide any personal or financial information (e.g., credit card or bank account numbers) to other individuals and You are advised to exercise Your best judgement when interacting with other Users. The App, service, content and add-to link are provided on an "as is", "as available" basis and are provided without any representations or warranties of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage, all of which are expressly disclaimed, save to the extent required by law. The Company, and its directors, employees, agents, representatives, suppliers, partners and content providers do not warrant that: (a) The App will be secure or available at any particular time; (b) Any defects or errors will be corrected; (c) Any content or software available at or through the App is free from viruses or other harmful components; or (d) The results of using the App or product showcased therein will meet Your requirements. (e) The Merchant will honour their reward offer and redeem the loyalty points awarded to You.

    14. Limitation of Liability
    All liability of the Company, its directors, employees, agents, representatives irrespective of how it arises, for any loss suffered by You as a result of Your use of the App, services or any user submissions or add-to link is hereby expressly excluded to the fullest extent permitted by law. In no event, will the total liability of the Company or its directors, employees, agents, representatives, partners or suppliers to You for all damages, losses and causes of action arising out of or relating to these terms, Your use of the App or Your interaction with other Users (whether in contract, elicit including negligence, warranty or otherwise) with respect to the App, service, content, product, User submissions or add-to link for: Indirect or consequential losses or damages; Loss of actual or anticipated profits; Loss of revenue; Loss of goodwill; Loss of data; Loss of anticipated savings; Wasted expenditure; or Cost of procurement of substitute services. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You.

    15. Indemnity
    You agree to release, defend, indemnify, and hold the Company and its founder, affiliates, subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) Your access to the App; (ii) Your use of the services made available on the App, (iii) the violation of these Terms and Conditions by You, or (iv) the infringement by You, or any third party using Your account or User ID or password, of any intellectual property or other right of any person or entity.

    16. Privacy
    These Terms include the Privacy Policy of the App, which is included herein by reference.

    17. Governing Law
    Except as expressly provided otherwise, this Agreement will be is governed by, and will be construed under, the laws of New York, USA, without regard to choice of law principles.

    18. Miscellaneous
    Assignability - These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by You, but may be assigned by Tallyhere Inc. without restriction. Any assignment of rights and obligations made in contravention to these Terms shall be void. Severability - If any provision of these Terms is held to be unlawful, void, or unenforceable, then such provision will be limited to the minimum extent required by law and will not affect the validity and enforceability of any remaining provisions. Waiver – The failure of Tallyhere Inc. to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Hoverbox Rewards. Force Majeure - The Company is not liable for failure to perform any of its obligations if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disaster), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service. Links to third party sites - The App may contain links to other websites ("Linked Sites"). Such Linked Sites are not owned and operated by the App and the Company cannot be held responsible for the contents of such Linked Site, including but not limited to any link contained in a Linked Site, or any changes made to a Linked Site. We will not be responsible for any errors, omissions or representations on any Linked Site. You are advised to verify the accuracy of any information independently before undertaking any reliance on such information.

  • USER PRIVACY POLICY
    user privacy policy

    Welcome to www.thehoverbox.com (“App”, “Site” or “Service”) owned and operated by Tallyhere Inc a company incorporated in accordance with the Laws of New York, USA (“Company”, "Us", "We", or "Our").

    This Policy informs you about how we collect, use and disclose your Personal information when you use our Platform. We do not use or share your personal information with anyone except in accordance with this Privacy Policy.

    We use the information We collect from You to deliver and improve our Service to You and Our other Users. By continuing to use Our Platform, You give Us your express consent to collect and use of Your Personal Information as stated in this Privacy Policy. Unless expressly stated otherwise, all terms used in this Privacy Policy will hold the same meaning as that in the Terms and Conditions of the App.

    Information we collect and how we use such information
    When a Customer registers for the Hoverbox Rewards App we require them to provide us with specific personally identifiable information which includes their Name, email address, phone number and gender (“Personal Information”). We use this Personal Information to contact the Customer, improve our service to the Customer as well as to Our Merchant members. We do not share any Personal Information with Merchant members for commercial or non-commercial gain. Please note that We also collect geolocation data for Customers when they Use the App. We extract only data regarding a Customer’s visit to Merchant member store and share only non-personal information about the Customer with Merchant members. In other words, this data only informs the Merchant that a Customer checked into their Store at a specific time and day. This information is intended to enhance Our service to Merchants and provide business intelligence to help them.

    Log Data
    Log data is information that your browser sends whenever you visit our App, such as Your device’s Internet protocol (“IP address”), Your browser type or version, the pages You visit on our App and data on the time, date of your visit. We may further use information from Your past transactions to analyse and improve our App’s functionality and offering to you.

    We Use Cookies
    Cookies are small files with data that we use to uniquely identify you. We do not associate any of your Personal Information with these unique identifier files. We send cookies to Your browser from Our App and these cookies are stored on your hard drive. You can tell your browser to decline all cookies or to indicate when a cookie is being sent. In the event that You decide to decline cookies from our App, You may not be able to use Our App.

    Service Providers
    From time to time we may employ other service providers to help us in facilitating our App and to assist us with intelligent analysis of how Our Service is used by our Users. These Service Providers will gain access to Your Personal Information during the course of fulfilling their work. All Service Providers We engage to assist Us are bound by Our confidentiality agreements and do not have the authority or rights to disclose Your information for any other purpose.

    Marketing Communications
    We may use Your Personal Information to send You specific promotional materials, newsletters and/or other similar marketing content that We believe you will find interesting. You can select to stop receiving such communication by simply clicking the unsubscribe link at the bottom of our promotional email, sms or by simply contacting Us at support@thehoverbox.com

    Compliance With Laws
    We may disclosure any and all Customer’s Personal Information to protect the integrity and security of Our Platform or, when required to do so by law, upon reasonable requests of the law enforcement authorities.

    Security
    The security of Your Personal Information is very important to Us, which is why We strive to keep all such data secure, however as with information in electronic storage We cannot guarantee that any transmission on the web will be fully secure. Although We make use of all commercially viable means to protect Your Personal Information, We are unable to offer any guarantees of its security.

    Links To Other Sites
    Our App may contain links to third party sites that are not owned or operated by Us. If you click on a third party link on the Platform, You will be redirected to such third party Site. Such third party Sites may have their own Privacy Policy, which may be materially different from the Privacy Policy of the Company. You are encouraged to review their Privacy Policy before You proceed to use any such Site.

    We disclaim any responsibility for content made available on any third-party sites. Your access and use these sites at Your own risk.

    Children's Privacy Protection
    Our App is not addressed for anyone under the age of 18 ("Children"). If You are under the age of eighteen (18) years, You must obtain the consent of Your parent(s) or legal guardian(s) before You access our use the App.

    We do not collect any Personal Information from anyone under the age of 18 years who does not have the consent of his or her parent(s) or legal guardian(s). If You are the parent or legal guardian of a Child and You have a reasonable cause to believe that Your child has provided Us with his/her Personal Information without Your consent, please contact Us immediately and we will remove any such Personal Information from our servers immediately.

    Changes To This Privacy Policy
    We reserve the right to modify and update this Privacy Policy at any time. We will notify you of any changes to the Privacy Policy by changing the last updated date on this page. You are advised to review this Policy periodically. Please take note that any changes will be effective when posted on this web page.

    Contact Us
    If you have any questions about this Privacy Policy, please contact us at support@thehoverbox.com.