Paid Membership Terms of Service

Updated

Enrollment Terms and Conditions

Enrollment and participation in the GasBuddy Paid Membership Services (the “Membership Service”) is governed by the GasBuddy Privacy Policy and Terms of Service, including terms for Arbitration of Disputes.  Additional terms specific to the Membership Service are set forth below.  Unless otherwise defined below, all terms have the same meaning as in the GasBuddy Terms of Service.

 

  1. Acceptance Of Terms

By enrolling in and using the Membership Service, you agree that you are intending to form a legally binding contract between yourself and GasBuddy and to be bound by the GasBuddy Terms of Service as well as the additional Membership Service terms below.   As a condition for enrolling in the Membership Service you must also enroll in the Pay with GasBuddy Program and agree to the GasBuddy Payment Card Terms of Service and you acknowledge that you have read, understand and agree to abide by said Payment Card Terms of Service.

 

  1. Description of the Membership Service & Benefits

Upon completion of the GasBuddy Membership enrollment process ("Enrollment") and acceptance by GasBuddy, you will become eligible to use the Membership Service offered by GasBuddy.   The currently available features of the Membership Service are listed below, and they may be updated from time to time by GasBuddy.  In the event any future changes require issuing you a new GasBuddy Payment Card (“PayCard”), we will send you your new PayCard by postal mail to the address associated with your account with instructions on how to activate the new PayCard, including how to set your Driver ID.

 

Discounts on Retail Fuel Purchases

As part of your Enrollment, you will be informed of the eligible discounts on retail fuel purchases associated with your Enrollment (the “Membership Fuel Discount”).  The Membership Fuel Discount will be a per-gallon discount that is limited to a defined number of gallons of gasoline purchased during a given monthly cycle (each a “Monthly Cycle”).  Your Monthly Cycle normally begins on the same calendar day each month.  EXAMPLE: If your first Monthly Cycle starts July 15, your next Monthly Cycle starts August 15; provided, however, if the start date of your first Monthly Cycle doesn’t occur every month (such as the 31st), then in any month lacking that date, the last day of the month will be when your next Monthly Cycle begins.  EXAMPLE:  If your first Monthly Cycle starts August 31, your next Monthly Cycle starts September 30 (but goes back to the 31st in October).  Your first Monthly Cycle begins upon the later of the date of (i) your Enrollment, or (ii) activation of your Pay with GasBuddy card.  All dates and times are measured by Pacific Time (“PT”), regardless where you are physically located, so be sure to pay attention to your Monthly Cycle start/end dates and times.  Unused gallons available for the Membership Fuel Discount during any Monthly Cycle expire at the end of that Monthly Cycle, and will not roll over to the next Monthly Cycle. The Membership Fuel Discount you receive on any eligible purchase will be credited at the time of Automated Clearing House (ACH) withdrawal for that purchase in accordance with the PayCard Terms of Service. GasBuddy reserves the right to offer varying Membership Fuel Discount Programs as part of different promotional programs.  Your Membership Fuel Discount will be governed by the terms in place as part of your Enrollment.

 

Roadside Assistance Program

Upon Enrollment in the Membership Service, you will have the option to choose, for a fee, to participate in a roadside assistance program (the “Roadside Assistance Program”) which will be administered by Signature Motor Club (“SMC”).  If you elect to participate, the benefits under the Roadside Assistance Program will become available to you beginning 72 hours following your Enrollment in the Membership Service. SMC shall be responsible for providing the benefits described below, including all limits and restrictions set forth herein. SMC shall be responsible for acquiring all information from you  necessary to provide the Roadside Assistance Program, including but not limited to your name, email and home address. If you call for Roadside Services (as defined below) and SMC is unable to verify your eligibility based on SMC’s records, you  will be offered Services on a pay-per-use basis at your sole expense.  You have access to the following services and limits in the Roadside Assistance Program (collectively, the “Roadside Services”)

a) Towing Service - When a passenger vehicle will not start or cannot be safely driven, it will be towed from the point of disablement to a destination of your preference. Towing service is limited to a maximum of five (5) miles.  Additional towing mileage can be provided at an additional fee of $5.51 per mile pro-rated in 1/10 mile increments, at your expense.  Unless prohibited by local or state regulation, you shall pay for additional towing mileage at the time the service is rendered.

b) Flat Tire Service - If the passenger vehicle’s spare is inflated and serviceable, SMC will remove the flat tire and replace it with your provided spare. If no inflated spare is available, the vehicle will be towed in accordance with the Towing Service provision above.

c) Jump Start - Service is provided to boost or jump start a dead battery to start the vehicle. Expenses for repairs, parts and labor are your responsibility, payable directly to the service facility, and are not reimbursable.

d) Out of Gas - A limited supply of fuel up to two (2) gallons where allowed by law, will be delivered by an authorized SMC service provider (the “Service Provider”) to the disabled passenger vehicle to enable you to reach the nearest open service station. You are responsible for the cost of the fuel.

e) Lockout Assistance - If your keys are locked inside the passenger vehicle, a Service Provider will attempt to gain entrance. The lockout assistance benefit is limited to $60, any additional costs are your responsibility.  In cases where the passenger vehicle cannot be made operable, towing will be provided in accordance with the towing provision in the clause above.

f) Winching - An eligible vehicle will be winched by a Service Provider when it can be safely serviced from a paved public road or paved private road if the Service Provider is able to gain access. Maximum distance for winching is 30 feet.  Maximum covered benefit is limited to labor costs of one man for one-half hour as charged by the Service Provider; any additional time/charges needed for winching will be your responsibility, and you should ask the Service Provider in advance for an estimate of any anticipated extra charges for your situation. Extraction of vehicles embedded in mud, water, snow or similar material is not a covered benefit, but may be available, at the Service Provider’s discretion, at your expense.

G) Services not specifically listed above are not included in the stated pricing. Other services requested by you may be provided by the Service Provider at prices to be quoted and accepted by you prior to delivery. 

 

SMC will provide Roadside Services, as outlined above to you, with up to two (2) dispatches covered during any 12-month period, per member, measured from the date of initial eligibility. SMC’s obligation is limited to the Roadside Services specifically described above. In the event any Roadside Service is requested but not available, it will not count against your usage. Your use of Roadside Assistance Services will be limited to non-commercial passenger vehicles

 

You recognize that in some instances, SMC may be unable to locate a Service Provider or that, due to severe weather or other circumstances beyond SMC’s control, no Service Provider may be available for dispatch for an extended period of time. In the event of such unavailability – or if you exceed the available limits on the Roadside Services as listed above –  you acknowledge that you are responsible for additional out of pocket expenses.

 

  1. Enrollment Requirements

You must be at least 18 years of age (or the age of majority in your place of residence if higher than 18)  to Enroll in the Membership 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 Membership Service and refuse any and all current or future use of the Membership Service (or any portion thereof). By enrolling in and using the Membership Service, in addition to the terms of the GasBuddy Privacy Policy, GasBuddy Terms of Service and these GasBuddy Paid Membership Terms of Service, you agree to comply with all applicable federal, state/provincial and local laws, rules and regulations. Your failure to comply with the Terms of Service, 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 Membership Service.

 

  1. Enrollment and annual account maintenance fee; Auto-Renewal

Your Membership Service account will be subject to a non-refundable annual membership fee (the “Annual Fee”), any return fee associated with non-sufficient fund transactions and a shipping charge and any sales tax associated with delivery of replacements PayCard cards. These fees will be disclosed during Enrollment and will be charged to your account via ACH. Effective December 20, 2018, GasBuddy will offer two alternative payment options for the Annual Fee.  The Annual Fee may be paid in a single installment or in monthly installments.   If the monthly payment option is selected at enrollment, you will be charged the stated membership fee monthly for 12 months. Without prior cancellation of membership, your Membership Services will automatically renew for an additional 12 month period and you will be charged an additional Annual Fee (either in a single annual installment or monthly installments, consistent with your enrollment), subject to the rates applicable at the time of renewal.

 

Auto-Renewal:  Your annual Member Service agreement renews automatically at the end of 12 months, unless you choose to cancel prior to the renewal date.  If you were offered a special promotional price upon Enrollment, the price will change to the then-current regular price upon renewal.   We will send you a notice of your upcoming renewal approximately 60-90 days prior to the annual renewal date.  Such notice will be sent solely by email to the email address you supply in connection with your account.  It is your responsibility to keep that address current to help assure you receive renewal notices.  GasBuddy is not responsible for non-delivered notices due to faulty or out-of-date email addresses or other causes beyond its control.  Your renewal notice will include instructions how to cancel if you do not wish your account to renew automatically.

 

Cancellation Instructions: You can cancel at any time by any of the methods listed below.  Your cancellation will be effective as of the end of your then-current annual term.  Please remember that all membership fees are for the full year,  there are no refunds for any portion of a year and to the extent you have elected to pay your Annual Fee in monthly installments, your obligation to make such monthly installments shall continue until the end of your then-current annual term.

 

  1. Transfer, Suspension and Closure of Accounts

As an enrollee, your right to use the Membership Service is non-transferable. In the event of an unpaid balance or insufficient funds related to your PayCard account or if you close your bank account, file for bankruptcy protection, or your account is subject to judgment or lien, GasBuddy may, in its sole and absolute discretion, terminate your PayCard account and discontinue your access to the Membership Services.

If you elect to terminate your GasBuddy account (see Section 5(C) of the Terms of Service), your access to all Membership Services, including Membership Fuel Discounts and Roadside Services will also terminate.  

 

 6. Receipts

You will get a receipt on your GasBuddy mobile app and by an email at the time GasBuddy is made aware of any transaction using your Pay Card or transfer from your account (including any fees related to your Enrollment) 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 reflect any Membership Fuel Discount.

 

  1. Termination

You agree that GasBuddy may cancel or suspend the Membership Service, or terminate your participation in the Member Service, in GasBuddy’s sole and absolute discretion, at any time, for any reason with or without prior notice at which time you will be entitled to a pro-rated refund of any annual membership fees, unless the reason for the termination is your material breach of any terms applicable to your Members Service account.

You may terminate your participation in the Member Service at any time by using any method listed in Section 4 above; provided however, your annual membership fees shall be non-refundable.

 

Upon any termination of your account, you will no longer have access to the Membership Service and your User ID and all related information, content, data associated with or inside your account (or any party thereof) will be deactivated. If you choose to cancel your Membership Services account prior to expiration of your annual term, you will no longer be eligible to receive Roadside Assistance Services and will no longer be eligible to receive the Membership Fuel Discount.

 

You agree that termination by you or us will not affect any of our or your rights or your obligations arising prior to the effective date of the termination.

 

  1. Notice

We may provide you with notices, including those regarding changes to the Membership Service or these GasBuddy Paid Membership Terms of Service, by email, regular mail and/or by posting notifications to our mobile application.  Any material changes to the Membership Service or these GasBuddy Paid Membership Terms of Service will take effect as to you only as of the next renewal date of your membership account after the changes are announced.

 

Related articles