Effective Date: April 21, 2020
1. Your Acceptance of These Terms
2. Program Description
The purpose of the Card Link Program is to provide registered users with the ability to earn money in the form of credits towards retail gasoline purchases (“GasBack”) by making qualifying purchases from participating merchants, which qualifying purchase opportunities will be described in the GasBuddy mobile app and website from time to time. At its sole discretion, GasBuddy and participating merchants define what purchases are eligible for GasBack and the related GasBack reward associated with such qualifying purchases as a percentage of the total qualifying purchase. In order to receive GasBack from us for qualifying purchases of goods or services, you must link at least one eligible credit or debit card (each, a “Payment Card”) through the GasBuddy mobile app. Eligible cards are listed in Section 4 below. GasBack is redeemable in one of two ways. First, you can redeem GasBack through your Pay with GasBuddy card and apply GasBack directly to gas purchases made with your Pay with GasBuddy card. Second, if you do not have a Pay with GasBuddy account, you are eligible to redeem GasBack through GasBuddy’s Transfer GasBack Funds Program. Under the Transfer GasBack Funds Program, registered users who have earned GasBack rewards, but who do not have a Pay With GasBuddy account, are given the ability to (i) redeem all (and not less than all) of their available GasBack balance for select digital gift cards, or (ii) waive their right to redeem all (and not less than all) of their available GasBack balance and instead instruct GasBuddy to make a charitable donation in the amount of the waived GasBack balance to a charity or charities as may be designated by GasBuddy from time to time. In order to participate in the Transfer GasBack Funds Program your GasBack rewards balance must be at least Five Dollars ($5.00). You can click here for a detailed description of eligibility and other terms related to GasBuddy’s Transfer GasBack Funds Program.
3. Opt-In to the Card Link Program; Data Sharing and Usage
By enrolling in the Card Link Program and entering your Payment Card information as part of the registration process, you agree to the following: you authorize your Payment Card network to monitor and share your transaction data (including transaction amount, time and date of authorization, settled amount, and settlement date) made with your registered Payment Card at participating merchants with GasBuddy and its third-party service providers, including Empyr, Rakuten Card Linked Offer Network, and Groupon (each a “Service Provider”).
Data Sharing and Usage
In order to operate the Card Link Program, GasBuddy and the Service Providers shall obtain, provide, share and/or use your Payment Card information and transaction data.
4. Card Eligibility
Not all Visa, MasterCard, and American Express cards are eligible for registration in the Card Link Program. Visa, MasterCard, and American Express Corporate cards, Visa, MasterCard, and American Express Purchasing cards, non-reloadable prepaid cards, government-administered prepaid cards (including EBT cards), healthcare (including Health Savings Account (HSA) or Flexible Spending Account (FSA) or insurance prepaid cards, Visa Buxx, and Visa-, MasterCard-, and American Express-branded cards whose transactions are not processed through the Visa U.S.A payment system, MasterCard payment system, and/or American Express payment system are not eligible to participate.
5. Transaction Eligibility
Not all transactions with your registered Visa, MasterCard and American Express card are tracked by Visa, MasterCard and American Express.
You acknowledge that Visa, MasterCard, and American Express may be unable to monitor every transaction made with your enrolled Visa, MasterCard, or American Express card, including PIN-based purchases, purchases you initiate through identification technology that substitutes for a PIN, payments made through other payment methods (such as a digital wallet or a third party payment app, where you may choose your Visa, MasterCard, or American Express card as a funding source but you do not present your card directly to the merchant), payments of existing balances, balance transfers, or transactions that are not processed or submitted through the Visa U.S.A., MasterCard, and American Express payment systems, and that these transactions are not eligible.
6. Debit Instructions
If you register a debit card, your transaction must be processed as a ‘credit’ (i.e., signature) transaction to make sure the transaction can be monitored. Do not use a Personal Identification Number (PIN) when paying for your purchases with your enrolled card if you want the transaction to be eligible for rewards or offer completion.
7. Double Enrollment Restrictions
Please note that we use Empyr, Rakuten, and Groupon as our third-party service providers to help us operate our Card Link Program.
Your Payment Card may only be enrolled in one program operated by Empyr. If you have already enrolled a Payment Card with a separate program operated by Empyr, you will be unable to register that card in both the GasBuddy Card Link Program and any other Empyr-operated program. You may enroll another Payment Card in the GasBuddy Card Link Program or deactivate your Payment Card in the other Empyr- operated program.
There are no restrictions regarding enrollment of your Payment Card with respect to programs supported by Rakuten. As a result, as it relates to Rakuten, you may enroll your Payment Card in any, and all, programs operated by Rakuten including, but not limited to, Ebates.com. Ebates.ca and the GasBuddy Card Link Program.
Groupon operates a program through its digital commerce platform and associated services whereby it makes available offers in markets across the United States, via websites, mobile applications and other distribution channels or portals owned, controlled or operated by Groupon or its affiliated entities, through which enrolled customers can earn rewards based on qualifying purchases at participating merchants (collectively, the “Groupon Program”).
Groupon may include offers that are automatically linked to your Payment Card upon enrollment in the GasBuddy Card Link Program (and on an ongoing basis as new such offers are included in the GasBuddy Card Link Program) (“Engagement Offers”); and/or offers that are linked to your enrolled Payment Card upon a “claim” by you (following enrollment) (“Claimable Offers”).
With respect to any period during which your Payment Card is also enrolled in the Groupon Program and/or any third-party card-linked offers program that enables end users to earn rebates or loyalty rewards based on transacting with participating merchants, such as cash (in the form of payment card statement credit, by check or otherwise) or credits redeemable for cash, points, miles or other loyalty program currency (each, a “Cash Back Program”) involving offers (unless and until you revoke consent with respect to the GasBuddy Card Link Program, the Groupon Program and/or the third-party Cash Back Program(s)), (a) your redemption of (i.e., qualifying transaction at the applicable participating merchant’s point of sale using the applicable enrolled Payment Card in connection with) an Engagement Offer shall be attributed to the Groupon Program, and not to the GasBuddy Card Link Program; and (b) your redemption of (i.e., qualifying transaction at the applicable participating merchant’s point of sale using the applicable enrolled Payment Card in connection with) a Claimable Offer shall be attributed to whichever of the Groupon Program, the Company Program or the applicable third-party Cash Back Program you utilized for the most recent “claim” of such offer, in each case, as determined in Groupon’s sole discretion.
8. GasBack Credits
GasBack credits will not appear or be reflected on your transaction receipt from the Merchant at the time of purchase, and will instead be reflected in the savings tab of the GasBuddy app. GasBuddy will use commercially reasonable efforts to display GasBack transactions in the app in a timely manner. GasBack will show as pending in your transaction history until it becomes available for redemption which takes on average 5-7 business days from the date of your transaction.
9. Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GASBUDDY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND THEIR RESPECTIVE REPRESENTATIVES AND AFFILIATES) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GASBUDDY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND THEIR RESPECTIVE REPRESENTATIVES AND AFFILIATES) DO NOT WARRANT THE DATA, CONTENT, ANALYTICS, FEATURES, OR INFORMATION PROVIDED THROUGH THE PROGRAM, INCLUDING WITHOUT LIMITATION TRANSACTION DATA OR USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND HEREBY DISCLAIM ANY LIABILITY TO YOU IN CONNECTION WITH YOUR ENROLLMENT IN OR CLAIM OR REDEMPTION OF A CARD-LINKED OFFER OR ANY REWARDS, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION THEREWITH, HONORING OR FULFILLING A CARD-LINKED OFFER, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF A CARD-LINKED OFFER, OR THE FAILURE OF GASBUDDY OR OUR SERVICE PROVIDERS TO PROVIDE ANY NOTIFICATIONS OR ENGAGE IN ANY MONITORING DESCRIBED HEREIN, TO CREDIT THE REWARD FOR A QUALIFYING TRANSACTION, OR TO PROVIDE ANY UPDATES ABOUT ENROLLED, CLAIMED, PAID-FOR OR REDEEMED CARD-LINKED OFFERS.
UNDER NO CIRCUMSTANCES WILL GASBUDDY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS, SERVICE PROVIDERS, PAYMENT PROCESSORS, AND THEIR RESPECTIVE REPRESENTATIVES AND AFFILIATES) BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE PROGRAM, EVEN IF PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT WILL GASBUDDY OR ITS AFFILIATES', CONTRACTORS', EMPLOYEES', AGENTS', OR THIRD-PARTY PARTNERS' OR SUPPLIERS' (INCLUDING PAYMENT CARD NETWORKS’, SERVICE PROVIDERS, PAYMENT PROCESSORS’, AND THEIR RESPECTIVE REPRESENTATIVES’ AND AFFILIATES’) TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PROGRAM (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED $100.
10. Termination of the Use of the Card Link Program Services
You may terminate your use of the Card Link Program services at any time either by deleting your Payment Card or closing your account. In the event of termination, you will no longer be authorized to access or continue to use the GasBuddy Card Link Offers Program.
You may opt-out of our Card Link Program services by clicking on your profile on the home screen and selecting the Linked Cards and Membership link in the flyout. In the Card Linked Offer section, click on the “Remove” button next to your associated card. By removing all Payment Cards connected to the Card Link Program, you will disable the Card Link service on your account.
If you would like to delete your GasBuddy account please email us at: email@example.com. Upon deletion of the GasBuddy account your access to our Card Link Program services will be automatically terminated. You will not be able to use our Card Link Program services without a valid GasBuddy account.
11. Offer Details Disclosures
All rewards are distributed in the form of “GasBack” to the customer to be used through the Pay with GasBuddy card. Customers are limited to $250 in GasBack per transaction. Please see section 2 - Program Description that describe redemption options.
GasBuddy may amend these Terms from time to time. GasBuddy will notify you regarding any material changes to these Terms by email, regular mail and/or by posting notifications to our mobile application advising you of the changes at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you may terminate your participation in the Card Link Program within the applicable thirty (30) day period by (i) contacting us at firstname.lastname@example.org, and you will not be bound by the amended terms, or (ii) opting out of the Card Link Program as described in Section 9 above. Otherwise, the new terms will take effect after thirty (30) days.
13. No Use by Children
GasBuddy Card Link Program is not intended for persons under the age of 18. By using our Card Link Program, you represent that you are at least 18 years of age.
14. Third Party Beneficiaries
You understand and agree that each of our Service Providers and each of their respective affiliated entities (collectively, the “Third Party Beneficiaries”) is an intended third party beneficiary of our Terms of Service and these Terms, and each such Third Party Beneficiary shall be entitled to enforce the provisions of these Terms in its own right. Without limiting the generality of the foregoing, you acknowledge and agree that any and all disputes between you and any Third Party Beneficiary will be resolved in accordance with the arbitration procedures described in our Terms of Service.