Effective Date: July 22, 2020
1. Your Acceptance of These Terms
2. Program Description
Through various programs including, but not limited to, the GasBuddy Card Link Program, GasBuddy provides registered users with the ability to earn money in the form of credits towards retail gasoline purchases (“GasBack”). GasBuddy and participating merchants define what purchases and / or actions are eligible for GasBack and the related GasBack reward associated with such qualifying purchases and / or actions. Except as set forth in these Terms, GasBack is redeemable only through a registered user’s Pay with GasBuddy card and applied directly to gas purchases made with your Pay with GasBuddy card.
The purpose of the Transfer GasBack Funds Program is to provide registered users who have earned GasBack rewards, but who do not have a Pay With GasBuddy account (each, an “Eligible GasBack Participant”), with 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).
GasBack rewards earned from qualifying purchases of goods or services but not yet credited to a Eligible GasBack Participant’s GasBack rewards balance, and GasBack rewards awarded as a result of enrolling in various programs including, the Pay With GasBuddy Program, GasBuddy Plus Membership Program or the GasBuddy Premium Membership Program, will not be considered as part of available GasBack funds (because they were not earned in connection with a qualifying purchase) and a result are not available for use in the Transfer GasBack Funds Program.
Digital Gift Card
Subject to these Terms, an Eligible GasBack Participant may elect to redeem all (and not less than all) of their available GasBack reward balance for digital gift cards with certain merchants as may be designated by GasBuddy from time to time. An Eligible GasBack Participant’s redemption of GasBack rewards for a merchant’s digital gift card is subject to any minimum and maximum purchase amounts and other limitations that may be imposed by GasBuddy or the merchant and as may be published on the GasBuddy mobile app from time to time.
GasBuddy does not assume any liability to an Eligible GasBack Participant for any loss, theft or misuse of any digital gift card issued under the Transfer GasBack Funds Program.
You acknowledge and agree by participating in the Transfer GasBack Funds Program and electing to redeem your available GasBack rewards for a digital gift card, your GasBack rewards balance will be reduced by the amount of the GasBack rewards redeemed for a digital gift card and those available GasBack rewards will no longer be a part of your GasBack rewards balance. As a result, any redeemed GasBack rewards will no longer be available for participation in the Transfer GasBack Funds Program nor will such redeemed GasBack rewards be available to be applied against future retail fuel purchases using a Pay With GasBuddy card.
You are required to update and confirm your contact information in order that GasBuddy may provide the digital gift card to your designated email address. GasBuddy shall not be liable for any failures or errors on your part with respect to providing accurate and complete contact information.
Subject to these Terms, an Eligible GasBack Participant may elect to waive their right to redeem all (and not less than all) of their available GasBack reward balance and instead direct GasBuddy to donate those rewards to a charity or charities designated by GasBuddy. At the commencement of the Transfer GasBack Funds Program, GasBuddy has named Feeding America (www.feedingamerica.org) as its designated charity. GasBuddy reserves the right to change designated charities and / or to expand the number of designated charities from time to time. Charities eligible for participation in the Transfer GasBack Funds Program will be listed in the GasBuddy mobile app. An Eligible GasBack Participant’s waiver of GasBack rewards to be designated for a charitable donation may be subject to minimum and maximum donation amounts as may be set forth on the GasBuddy mobile app from time to time.
On a regular basis, but no less frequently than once per calendar month, GasBuddy will accumulate all donated GasBack reward balances from Eligible GasBack Participants and forward such funds to the designated charity or charities.
An Eligible GasBack Participant will not be eligible for any federal or state income tax deduction for a charitable contribution as a result of such Eligible GasBack Participant’s waiver of GasBack rewards and designation of such funds for donation by GasBuddy.
You acknowledge and agree by participating in the Transfer GasBack Funds Program, electing to waive your right to your available GasBack rewards and designating the related funds to be donated by GasBuddy to a charitable organization, your GasBack rewards balance will be reduced by the amount of the donation and those available GasBack rewards will no longer be a part of your GasBack rewards balance. As a result, any redeemed GasBack rewards will no longer be available for participation in the Transfer GasBack Funds Program nor will such redeemed GasBack rewards be available to be applied against future retail fuel purchases using a Pay With GasBuddy card.
You are required to update and confirm your contact information in order that GasBuddy may confirm your election to waive your rights to your GasBack rewards and for GasBuddy to instead donate the related funds to the designated charitable organization. GasBuddy shall not be liable for any failures or errors on your part with respect to providing accurate and complete contact information.
3. Limitations of Liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, GASBUDDY AND ITS AFFILIATES, LICENSORS AND SUPPLIERS 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 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 AN ELECTRONIC GIFT CARD OR ANY REWARDS, INCLUDING, WITHOUT LIMITATION, ANY GOODS OR SERVICES SOLD IN CONNECTION THEREWITH, HONORING OR FULFILLING AN ELECTRONIC GIFT CARD, THE MERCHANT WHOSE GOODS OR SERVICES ARE THE SUBJECT OF AN ELECTRONIC GIFT CARD, OR THE FAILURE OF GASBUDDY OR OUR SERVICE PROVIDERS TO PROVIDE ANY NOTIFICATIONS DESCRIBED HEREIN, OR TO PROVIDE ANY UPDATES ABOUT ENROLLED, CLAIMED, PAID-FOR OR REDEEMED ELECTRONIC GIFT CARDS.
UNDER NO CIRCUMSTANCES WILL GASBUDDY OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS 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' (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.
4. Termination of the Use of the Transfer GasBack Funds Program Services
If you would like to delete your GasBuddy account please submit a request through help.gasbuddy.com. Upon deletion of the GasBuddy account your access to our Transfer GasBack Funds Program services will be automatically terminated. You will not be able to use our Transfer GasBack Funds Program services without a valid GasBuddy account.
5. Amendment; Termination of Program
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 and website 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 Transfer GasBack Funds Program within the applicable thirty (30) day period by submitting a request through help.gasbuddy.com, and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
GasBuddy may, in its sole discretion, terminate or discontinue the Transfer GasBack Funds Program at any time and for any reason. If GasBuddy elects to terminate or discontinue the Transfer GasBack Funds Program, GasBuddy will notify you regarding the termination date of the Transfer GasBack Funds Program by email, regular mail and/or by posting notifications to our mobile application advising you of the termination date which notification will be given at least thirty (30) days before the effectiveness of the termination date. Any redemption requests received prior to the termination date of the Transfer GasBack Funds Program will be honored and processed by GasBuddy pursuant to these Terms.
6. Termination and Forfeiture of GasBack
Important note: GasBack® expires 12 months from the date that it posts in your GasBack Account.
Effective as of 11:59:59 ET on December 31, 2021, all GasBack that is 12 months or older (that is, GasBack posted to your account on or before December 31, 2020), will expire and may no longer be redeemed pursuant to these Terms or any other terms and conditions related to GasBack.
7. No Use by Children
GasBuddy Transfer GasBack Funds Program is not intended for persons under the age of 18. By using our Transfer GasBack Funds Program, you represent that you are at least 18 years of age.
8. 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.