Enrollment Terms and Conditions
This agreement ("Agreement") is made by and between the person named in the "Payment Card Enrollment Application" ("you", "your", or "yours") for the use of the service offered by GasBuddy, its affiliates, its subsidiaries or its assignees ("GasBuddy", "we", "us", "our", "ours"), and shall govern your enrollment in, and use of the GasBuddy Pay Services ("Service") described herein.
1. Acceptance Of Terms
By enrolling in and using this Service, you agree to be bound by the terms and conditions of this Agreement, and you acknowledge that you have read, understand and agree to abide by the terms of this Agreement. You agree that you are intending to form a legally binding contract between yourself and GasBuddy. Any rights not expressly granted herein are reserved by GasBuddy.
2. Description of the Service
Upon completion of the GasBuddy Payment Card enrollment process ("Enrollment") and acceptance by GasBuddy, you will become eligible to use the Services offered by GasBuddy. After Enrollment, you will receive a GasBuddy Payment Card (“PayCard”) in the mail, with instructions on how to activate the PayCard, including how to set your Driver ID. The Driver ID must be entered at the gas pump for each purchase. Your Driver ID should not be shared with anyone. The PayCard can be used for payment for goods and services that you purchase from a participating merchant. Payment for purchases using the PayCard will be processed by way of a withdrawal from a bank account designated by you as part of your Enrollment via the Automated Clearinghouse Association ("ACH").
3. Enrollment Requirements
You must be 18 years of age or older to use the Service. You agree to provide true, accurate, current and complete information about yourself as prompted during Enrollment ("Enrollment Data") and maintain updated and accurate Enrollment Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if GasBuddy has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms and Conditions, including those contained in this section shall be deemed a waiver of any and all claims against GasBuddy for any losses you may sustain from using the Service.
4. Enrollee Authorizations
In acceptance of this Agreement, you authorize GasBuddy and/or its third party payment processing vendors (the “Payment Partners”), to withdraw and/or deposit funds in your account via ACH at the depository institution designated by you as part of your Enrollment which will be reflected in debit and credit entries. You understand that an ACH transaction may take up to three (3) business days to post to your bank account. When you conduct a transaction through our Service, you are responsible for ensuring that the funds are available at the time the transaction is conducted, and properly processed (posts) to your account. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. Additionally, you authorize GasBuddy and/or its Payment Partners to verify your Identity. You also authorize GasBuddy to provide transaction history information to its Payment Partners. The authorization to complete transactions using the Service will remain in effect until you deactivate payment services.
In the event that your bank denies the electronic transaction and returns electronic payment to GasBuddy, you authorize us to re-present the original electronic transaction amount. If your payment is returned unpaid (Non Sufficient Funds, Account Closed/Frozen, etc.), you authorize us to make an electronic fund transfer from your account to collect the original transaction and a "return fee". The return fee will be no more than the maximum amount permissible by state law. This fee is separate from any fees that your bank may impose for such returns.
5. Bank Account Verification
As a security measure relating to your enrollment, we engage in a bank account verification process. This process initially consists of our making two very small deposits (between 2¢ and 10¢ each) to your bank account that you must verify. Then, a few days after you verify the deposits, you authorize us to process a verification withdrawal from your bank account for the total of these two deposits. Your bank account will then be successfully linked. You should make sure that you have sufficient funds available in your bank account to cover this verification withdrawal.
6. Enrollment and annual account maintenance fee
Your payment card account may be subject to an annual maintenance fee, a return fee as explained above, a shipping charge and any sales tax associated with delivery of replacements cards. These fees will be properly disclosed during Enrollment and will be charged to your account.
8. Transfer and Closure of Accounts
As an enrollee, your right to use the Service is nontransferable and any rights to your GasBuddy account or contents within your account terminate upon written notification from GasBuddy. Any such termination is in our sole and absolute discretion, at any time for any reason including, but not limited to closure of your bank account, your filing for bankruptcy protection, or your account is subject to judgment or lien.
9. GasBuddy Card's Proprietary Rights
The Service and any related software(s) or documentation are the property of GasBuddy, its assignees and/or content suppliers, and are protected by United States and International intellectual property rights laws.
10. Warranty Limitation
THIS SERVICE IS PROVIDED "AS IS" AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES.
11. Consumer Liability
Tell us AT ONCE if you believe your PayCard or Driver ID has been lost or stolen. Telephoning is the best way of keeping your possible losses down. You could lose all the money in your account (plus your maximum overdraft line of credit). If you tell us within 2 business days after you learn of the loss or theft of your PayCard or Driver ID, you can lose no more than $50 if someone used your PayCard or Driver ID without your permission.
- If you do NOT tell us within 2 business days after you learn of the loss or theft of your PayCard or Driver ID, and we can prove we could have stopped someone from using your PayCard or Driver ID without your permission if you had told us, you could lose as much as $500.
- Also, if your bank statement shows transfers that you did not make, including those made by your PayCard, Driver ID or other means, tell us at once. If you do not tell us within 60 days after the bank statement was mailed to you, you may not get back any money you lost after the 60 days if we can prove that we could have stopped someone from taking the money if you had told us in time. If a good reason (such as a long trip or a hospital stay) kept you from telling us, we will extend the time periods.
- Contact in event of unauthorized transfer.
If you believe your PayCard or Driver ID has been lost or stolen, call report a lost or stolen card within 617-207-6686 to speak with a customer service representative or report a lost or stolen PayCard within the mobile application.
12. Business days
For purposes of these disclosures, our business days are Monday through Saturday. Holidays are not included.
13. Transfer types and limitations
You may use your PayCard to pay for purchases of goods and services at merchants that have agreed to accept the PayCard.
For security reasons, there are limits on the number of transactions and dollar amount of transactions you can make using our GasBuddy Service.
We do not charge a per-transaction fee to the consumer for purchases made with the PayCard.
We will disclose information to third parties about your account or the transfers you make:
- Where it is necessary for completing transfers, or
- In order to verify the existence and condition of your account for a third party such as a merchant, or
- In order to comply with government agency or court orders, or
- If you give us your written permission.
You will get a receipt on your app and by an email at the time you make any transfer from your account using your PayCard that shows the amount transferred from your account. You may also get a receipt from the merchant at that time. The amount shown on a merchant receipt will not include the GasBuddy discount.
If we do not complete a transfer from your account on time or in the correct amount according to our agreement with you, we will be liable for your losses or damages. However, there are some exceptions. We will not be liable, for instance:
- If, through no fault of ours, you do not have enough money in your account to make the transfer.
- If the transfer would go over the credit limit on your overdraft line.
- If the terminal system at the Merchant or the system was not working properly and you knew about the breakdown when you started the transfer.
- If circumstances beyond our control (such as fire or flood) prevent the transfer, despite reasonable precautions that we have taken.
- Any other exceptions stated in our agreement with you.
- Error Resolution Notice.
In Case of Errors or Questions About Your Electronic Transfers: Telephone us at 617-207-6686 or email us at email@example.com as soon as you can, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 90 days after the FIRST statement on which the problem or error appeared.
- Tell us your name and account number (if any).
- Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
- Tell us the dollar amount of the suspected error.
- If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days.
- We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account.
- For errors involving point-of-sale transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error.
- We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
- Questions About Your Account
ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH YOUR PAYCARD MUST BE DIRECTED TO GASBUDDY, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for the GasBuddy Service and for resolving any errors in transactions made with your PayCard.
- We may send you a periodic statement listing transactions that you make using your PayCard. The transactions will appear only on the statement issued by your bank or other financial institution. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE YOUR PAYCARD, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call or write us at the telephone number and address indicated below.
- IF YOUR PAYCARD IS LOST OR STOLEN, report your lost or stolen card within the mobile application or NOTIFY US AT ONCE by calling us at 617-207-6686
You agree that GasBuddy may cancel or suspend this Service and terminate this Agreement in GasBuddy’s sole and absolute discretion, at any time, for any reason with or without prior notice. You may terminate this Agreement at any time by contacting us by email, on the GasBuddy mobile application, or by telephone.
Upon termination of this Agreement you will no longer have access to the Service and your User ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated.
You agree that termination of this Agreement by you or us will not affect any of our rights or your obligations arising under this Agreement prior to termination.
We may provide you with notices including those regarding changes to this Agreement by email, regular mail and/or by posting notifications to our mobile application.
This Agreement constitutes the entire agreement between you and GasBuddy governing your use of the Service and supersedes any prior agreements between you and us to that subject matter.
19. ARBITRATION AND WAIVER OF JURY
23.1 Waiver of Jury Trial; Other Rights. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration. The arbitration shall be administered by JAMS and shall be conducted in accordance with the streamlined procedures set forth in the JAMS Comprehensive Arbitration Rules and Procedures as those Rules exist on the effective date of this Agreement, including Rules 16.1 and 16.2 of those Rules (the “Arbitration Rules”). The JAMS Rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration/, or by calling JAMS at 1.800.352.5267. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration hearing shall in conducted in a location within twenty (20) miles of Your address at the time of such arbitration; provided, however, GasBuddy and you shall each have the right and may elect to attend any such hearing by telephone. The arbitration shall be conducted by one neutral arbitrator appointed in accordance with the Arbitration Rules.
In the event state law shall govern, the laws of the Commonwealth of Massachusetts shall apply, or the law of your state to the extent your home state’s law provides material consumer protection not substantially available under Massachusetts law.
The arbitrator shall have the authority to award any relief at law, or in equity which would otherwise be available in a court of law. The arbitration filing fee and the arbitrator's fee shall be paid by GasBuddy; provided, however, in the event the arbitration is initiated by you, you shall be required to pay $250.00 of the arbitration filing fee, or the actual filing fee for a lawsuit in the court nearest your home, whichever is less, as the Parties intend that the costs of arbitration to You be the same or less than the cost of filing a lawsuit. An Arbitrator's Award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based.
23.2 No Class Actions: The Parties hereto acknowledge and agree that this arbitration shall be solely between the Parties to this Agreement, and no class arbitration, or other representative action may be undertaken by the arbitrator. The parties further agree that the arbitrator shall not have the power to combine this with any other arbitration or to treat this as a representative action, or as a class action.
23.3 Opt-Out: You may elect to opt out of this Arbitration Provision by sending written notice to GasBuddy to be received by the close of business on or before the thirtieth (30th) calendar day after this Agreement is executed / accepted. Opt-out notices received after this deadline shall be of no force and effect. The opt-out shall not modify any of the parties other rights and remedies contained herein.
23.4 Waiver and Severability of Terms: Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
23.5 Survival of Claims: You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
23.6 Concerns; Initial Dispute Resolution: We are available by phone at 617-207-6686 to address any concerns you may have regarding your use of the Service. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
20. Third Party Beneficiary
Although the Merchants have no obligation under this Agreement, the Merchants are made express third party beneficiaries of our rights under this Agreement.
21. Consent to Electronic Notifications
We will provide you with all disclosures, policies, notices and other communications about the Service, including this Agreement, in electronic form, and we will provide revisions and amendments to this Agreement, and such other information, including but not limited to information under Regulation E and other laws and regulations, electronically as a part of the Agreement or otherwise as a part of the Service. We will provide all future notices by posting them on our website, mobile application or by email. By accepting this Agreement, you are also consenting to accept documents electronically that relate to all future transactions you conduct using this Service.
We will provide you with notices, amendments to this Agreement, and other communications in electronic form rather than in paper form. We will send you an email when a notice is first posted to the website or mobile application, letting you know that a notice is now available to you for pick-up. The notices will be available to you for at least 180 days following the date the notice is first posted for pick-up or the date we send the email to you, whichever is later. To access the notices, you will need to use the security procedures used as part of the Service. You can request a paper copy of an electronic record. To request a paper copy of a document, please write to GasBuddy, 77 N. Washington St., 4th floor, Boston, MA 02114 Attn: Customer Support – Legal, and specify in detail the document you want.
Use of the Service requires GasBuddy to have your current email address. You agree to provide GasBuddy with any updated information needed in order for us to be able to provide you with electronic records from time to time and at any time. This includes, but is not limited to, providing GasBuddy with any changes to your email address by contacting us at the contact information provided at the end of these enrollment terms and conditions. In order to access, view, and retain electronic documents that we make available to you, you will need the following:
- A computer or mobile device with Internet or mobile connectivity.
- For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.
- Access to the email address used to create an account
For application-based Communications, a mobile phone operating system that supports text messaging, downloads, and applications from the Apple App Store or Google Play store.
- Access to the email address used to create an account for the Service.
- Sufficient storage space to save communications and/or a printer to print them.
- If you use a spam filter that blocks or re-routes emails from senders not listed in your email address book, you must add the @gasbuddy.com domain to your safe sender list.
You may print and retain a copy of the Agreement or any other notices or communication that we furnish electronically. You can obtain a copy of the most recent agreement at a later date by going to the terms and conditions section of our mobile application.
By checking the authorization box in the Payment Card Enrollment Application screen, you are thereby accepting and agree to be bound by the above terms and conditions. By providing your consent to this Agreement, you also confirm that you are able to access all of the disclosures, records and other information provided to you in electronic form.
You may withdraw your consent to receive electronic communications at any time, by writing to 77 N. Washington St., 4th floor, Boston, MA 02114 Attn: GasBuddy Customer Service. However, withdrawal of your consent to receive electronic communications may result in termination of your access to Service. Any withdrawal of your consent will be effective after a reasonable period of time for processing your request.
22. Payment Partner – Dwolla, Inc
You authorize GasBuddy to share your identity and account data with Dwolla for the purposes of opening and supporting your Dwolla account, and you are responsible for the accuracy and completeness of that data. You understand that you will access and manage your Dwolla account through the Service, and Dwolla account notifications will be sent by GasBuddy, not Dwolla. GasBuddy will provide customer support for your Dwolla account activity, and can be reached at firstname.lastname@example.org and/or 888-289-8744I agree that future payments to GasBuddy will be processed by the Dwolla payment system from the selected account above. In order to cancel this authorization, I will change my payment settings within the Service.
You may print and retain a copy of the Agreement or any other notices or communication that we furnish electronically. You can obtain a copy of the most recent agreement at a later date by going to the disclosure section on the login screen.
By checking the authorization box in the Payment Card Enrollment Application screen, you are thereby accepting and agree to be bound by the above terms and conditions, and the Dwolla Terms of Service. By providing your consent to this Agreement, you also confirm that you are able to access all of the disclosures, records and other information provided to you in electronic form.
23. Contact information: