TERMS & CONDITIONS
Table of Contents
- 1. Part One - Terms for All Users
- 2. Part Two – Additional Terms Applicable to the 7REWARDS Loyalty Program
- 3. Part Three – Terms Applicable to Use of the 7NOW App and the 7NOW Website
- 4. Part Four - Terms Applicable to Mobile Checkout Feature
- 5. Part Five – 7-Eleven Gift Card Terms and Conditions
- 6. Part Six – 7-Eleven Wallet Terms and Conditions
- 7. Part Seven – 7Charge Terms and Conditions
Last Updated: January 18, 2024
Welcome to 7-Eleven! These Terms and Conditions (these “Terms”) apply to your access to, and your use of our mobile applications (collectively the “Apps” and each an “App”), website located at www.7-eleven.com (the “Site”), and your participation in our 7Rewards loyalty program (the “Program”, and together with the Site and Apps, collectively the “Services”), which are operated by 7-Eleven, Inc., or its subsidiaries, licensees and affiliated companies (“7-Eleven”, “we”, “us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THAT SECTION 12 OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
BY CLICKING “I ACCEPT”, OR BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, OR MAKING ANY PURCHASES, YOU AGREE TO THESE TERMS. YOU ALSO AGREE TO THE TERMS WHEN YOU MAKE A PURCHASE AS A GUEST. THESE TERMS ARE SUBJECT TO CHANGE AS DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS (OR ANY PORTION OF THESE TERMS), INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 12 OF PART ONE, YOU MAY NOT ACCESS OR USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES.
Part One - Terms for All Users
The Services are not targeted toward or intended for use by anyone under the age of 16. 7-Eleven encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent. Additional eligibility requirements apply to purchases made using the Services, and are set forth in Part Three.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
2. Accounts and Account Security
In order to access and use certain areas or features of the Services, including to purchase any products made available through the Apps (the, “Products”), you will need to register for an account (an “Account”). You can create an Account as follows:
Download one of our Apps on a smartphone or other mobile device that is capable of downloading and running the App from the Apple App Store or Google Play Store (as applicable) and follow the prompts to create an Account. 7-Eleven does not charge to download its Apps, but standard data rates may apply.
Visit www.7-eleven.com/7rewards and follow the prompts to create an Account.
By creating an Account, you agree to
- provide accurate, current and complete Account information,
- maintain and promptly update, as necessary, your Account information,
- maintain the security of your Account credentials,
- be responsible for the acts or omissions of any third party who has authority to access or use your 7Rewards Card or Account, including by use of the Services on your behalf, and
- immediately notify us if you discover or otherwise suspect any security breaches related to your Account. We shall not be responsible for misdirected communications such as mail or e-mail or any consequences thereof.
4. Ownership, License & Restrictions on Use
4.1. The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. The Services are controlled and operated by 7-Eleven from its offices within the U.S. 7-Eleven makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. See below for further copyright and trademark information.
4.2. All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to 7-Eleven or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of 7-Eleven or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of 7-Eleven and is protected by U.S. copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials.
4.3. You are hereby granted a personal, non-exclusive, non-transferable, limited license to:
- use the Apps on your mobile device for your personal non-commercial use only; and
- view the Sites, and to print insignificant portions of materials retrieved from the Sites provided
- they are used only for informational, non-commercial purposes, and
- you do not remove or obscure the copyright notice or other notices. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information, products or services obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.
4.4. You also may not, without the permission of 7-Eleven "mirror" any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
4.5. As between you and 7-Eleven, all submissions, suggestions, ideas, artwork, or other information (the "Submission") communicated to 7-Eleven through the Services become the sole and exclusive property of 7-Eleven. 7-Eleven is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future 7-Eleven endeavors. 7-Eleven will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not 7-Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. 7-Eleven reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. 7-Eleven has the right but not the obligation to monitor and edit or remove any activity or content. 7-Eleven takes no responsibility and assumes no liability for any content posted by you or any third party.
4.6. The trademarks, service marks, and logos (the "Trademarks") used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of 7-Eleven and others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. 7-Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 7-Eleven, Inc., Slurpee or the 7-Eleven logo may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of 7-Eleven. 7-Eleven prohibits use of the 7-Eleven logo as a "hot" link to any website, including 7-Eleven sites, unless establishment of such a link is approved in advance by 7-Eleven in writing.
5. User Conduct
As a specific condition of your use of any of the Services, you explicitly agree not to
- use any of the Services for any purpose that is unlawful or prohibited by these Terms;
- use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else's use of any of the Services;
- attempt to gain unauthorized access to 7-Eleven computer systems or networks connected to 7-Eleven, through hacking, password mining or any other means;
- attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
- obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services;
- attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and
- use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
6. Third Party Content
7. Fuel Prices
You acknowledge and agree that any information pertaining to fuel prices is presented by 7-Eleven on an “as is” basis, without any guarantee or representation by 7-Eleven as to the accuracy of such information. 7-Eleven disclaims, and you accept the information without, any warranties of any kind, either express or implied, as to the accuracy of the information. Although 7-Eleven strives to provide you with timely, relevant and accurate information pertaining to fuel prices, the fuel prices displayed on the Site or the Apps are subject to change and may vary from those offered at your local 7-Eleven location. Fuel prices displayed on the Site or the Apps are not and shall not be deemed an offer to you. 7-Eleven does not guarantee, and you agree that you may not rely upon, the fuel prices displayed on the Site or in the Apps. The fuel price you ultimately pay will always be determined at the time and location of sale, as posted at the pump of the 7-Eleven location from which you purchase fuel.
8. Effective Date, Modification; Changes
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, 7-Eleven may revise these Terms. If we make changes, we will post the amended Terms to our Services, and update the “Last Updated” date above. We may also notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. 7-Eleven expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.
9. Copyright Complaints
We have a policy of limiting access to our Services and terminating the accounts of users who infringe the intellectual property rights of others. If you believe that materials available on this site infringe your copyright, please let us know. Notices must be filed in compliance with the Digital Millennium Copyright Act, 17 U.S.C. §512 by contacting our DMCA designated agent in writing:
7-Eleven DMCA Agent
Pirkey Barber PLLC
1801 E. 6th Street, Suite 300
Austin, TX 78702
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to 7-Eleven for certain costs and damages.
EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT:
- THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS;
- DEFECTS WILL BE CORRECTED; OR
- THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, 7-ELEVEN MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. 7-ELEVEN WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. 7-ELEVEN MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
7-ELEVEN DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO
- ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS,
- ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES, THE APPS OR MATERIALS PROVIDED, MADE AVAILABLE IN CONNECTION WITH THE PROGRAM OR ANY PROMOTIONAL CONTESTS, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN,
- THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
- YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS,
- ANY THIRD PARTIES ENGAGED IN CONNECTION WITH ANY OF THE SERVICES, INCLUDING THE DELIVERY OF ORDERS, OR
- YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES OR PROMOTIONAL CONTESTS.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES, THE APPS OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH THE PROGRAM, PARTICIPATION IN ANY PROMOTIONS OR OFFERINGS (INCLUDING DELIVERY OF AND PAYMENT FOR GOODS AND SERVICES) AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. 7-ELEVEN DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS, PRODUCT, AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS AND OTHER CONDITIONS OF USE. 7-ELEVEN IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS, PROMOTIONS OR OFFERINGS.
WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. IN THE EVENT OF AN ERROR ON OUR SERVICES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SERVICES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SERVICES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SERVICES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER.
11. Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES, OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF
- THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
- IF YOU HAVE NOT PAID 7-ELEVEN, THE AMOUNT OF $100.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. Dispute Resolution; Binding Arbitration
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 7-ELEVEN AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Access to and use of any of the Services and these Terms are governed by the laws of the State of Texas and the United States as applicable therein, without resort to conflict of law provisions. 7-Eleven makes no representation that the contents of any of the Services are appropriate or available for use outside of the United States, and those who choose to access any of the Services from other locations are solely responsible for compliance with their local laws. Any legal actions against 7-Eleven must be commenced within two years after the claim arose. Except for any disputes, claims, suits, actions, causes of action, demands, or proceedings (collectively, “Disputes”) arising out of or related to a violation of Section 5 or Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets, or patents, you and 7-Eleven agree
- to waive your and 7-Eleven’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and
- to waive your and 7-Eleven’s respective rights to a jury trial.
Instead, any Dispute arising out of or relating to any of the Services, or these Terms will be resolved by binding arbitration administered by National Arbitration and Mediation ("NAM").
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). The Notice to 7-Eleven should be sent by mail or overnight delivery to Attn: Legal Department, 3200 Hackberry Rd., Irving, TX 75063. The Notice must include (a) your name, address, and email address; (b) whether you have an account and how and when you created it, and the email address and telephone number associated with that account; (c) a description of the nature and basis of the claim or dispute including any relevant facts regarding your use of the Services; (d) an explanation of the specific relief sought, including the total damages you seek if any and the basis for the damage calculations; (e) your personally signed statement verifying the accuracy of the content of the Notice; and (f) if you have retained an attorney, your signed statement authorizing 7-Eleven to disclose personal information about you to your attorney if necessary in resolving your claim. The Notice must also be individualized, meaning it can only concern your dispute and no other person's dispute. You also agree that, after sending the Notice, at 7-Eleven's request you will personally participate in a discussion by telephone with 7-Eleven to facilitate resolving your claim before arbitration is initiated. 7-Eleven also agree to participate in a telephone discussion at your request. If we and you do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or we may commence an arbitration proceeding (if either you or we send the other an incomplete Notice, the 60-day period begins only after a complete Notice is received, and if either you or we request a telephone discussion, the 60-day period begins only after the discussion has happened). Compliance with these pre-arbitration Notice and dispute resolution procedures are a condition precedent to initiating arbitration.
Any arbitration shall be conducted before a sole arbitrator in accordance with the applicable NAM rules, including the Comprehensive Dispute Resolution Rules and Procedures and the Mass Filing Dispute Resolutions Rules and Procedures as applicable. The NAM rules and additional information about NAM are available at www.namadr.com. By agreeing to be bound by these Terms, you either
- acknowledge and agree that you have read and understand the rules of NAM, or
- waive your opportunity to read the rules of NAM and any claim that the rules of NAM are unfair or should not apply for any reason.
You and we agree that the party initiating arbitration must submit a signed certification to NAM that they have complied with the pre-arbitration Notice and dispute resolution procedures, before initiating arbitration.
ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND 7-ELEVEN AGREE NOT TO BRING ANY CLAIMS AS PART OF A CLASS ACTION. An administrative conference with NAM shall be conducted in each arbitration proceeding, and you and a 7-Eleven representative shall appear at the administrative conference via telephone. If you initiated the arbitration and you fail to appear at the administrative conference, regardless of whether your counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless you show good cause as to why you were not able to attend the conference. If we initiated the arbitration and a 7-Eleven representative fails to appear at the administrative conference, regardless of whether our counsel attends, NAM will administratively close the arbitration proceeding without prejudice, unless we show good cause as to why the representative was not able to attend the conference. Each party shall be responsible for its own attorney fees and costs incurred in such arbitration, unless the arbitrator awards sanctions or determines that the substance of the claim, defense, or relief sought is frivolous or brought for an improper purpose, in which case the arbitrator may order you or 7-Eleven to pay the other side's attorney fees or costs.
Responsibility for the payment of arbitration fees (including filing, arbitrator, and hearing fees) will be governed by the NAM rules unless you qualify for a fee waiver under applicable law, in which case you agree to provide us the option of paying the arbitrator before seeking to initiate any other form of dispute resolution, including litigation. The arbitration will be conducted in Dallas County, Texas, or in the county where you reside, and you and a 7-Eleven representative will be required to attend. Judgment on the arbitration award may be entered into by any court having jurisdiction thereof. The award of the arbitrator shall be final and binding upon the parties without appeal or review.
For purposes of efficient administration, in the event twenty-five (25) or more substantially similar demands for arbitration are filed by or with the assistance or coordination of the same law firm, a group of law firms, or organization ("Mass Filing"), the parties agree that (i) NAM (or another arbitration provider selected by the parties or by the court if NAM is unavailable), shall administer the Mass Filing in batches of 25 per batch (if, after batching, fewer than 25 demands remain, then the final batch will consist of the remaining demands); (ii) a single, different arbitrator shall be designated for each batch (unless the parties agree otherwise) selected in accordance with the applicable NAM rules; (iii) no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated; (iv) any arbitration fees associated with a demand for arbitration included in a Mass Filing shall only be assessed after the demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and (v) the staged process of batched proceedings, with each set including 25 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved.
After the first batch of demands in the Mass Filing are resolved, the parties shall promptly engage in a global mediation session of all remaining demands with a retired federal or state court judge and 7-Eleven shall pay the mediator's fee. 7-Eleven and the remaining claimants shall have 90 days (the "Mediation Period") to agree on a resolution or substantive methodology for resolving the outstanding demands. If they are unable to resolve the outstanding demands during the Mediation Period, and cannot agree on a methodology for resolving them through further arbitrations, either 7-Eleven or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in court. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither 7-Eleven nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Opt out of arbitration under this section shall not be construed as opt out of the above Class Action Waiver. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to the demands in the Mass Filing.
You agree to cooperate in good faith with 7-Eleven and the arbitration provider to implement such a batch approach or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. Any disagreement between the parties as to whether the batch arbitration procedure applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by NAM. The batch arbitration procedure set forth herein shall in no way be interpreted as authorizing class arbitration of any kind. We reserve our right to raise unique defenses as to each claimant in connection with this process, and you reserve all rights to raise unique claims, facts, and defenses in connection with your claims. While NAM shall batch the claims for organizational purposes, it shall not consolidate them for decision on the merits and shall decide each case on the merits individually. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or is settled. The parties agree that the batching procedure is integral to the arbitration agreement insofar as it applies to a Mass Filing. If the batching procedure is found to be invalid, unenforceable or illegal, then the entire agreement to arbitrate shall be null and void, and neither you nor 7-Eleven shall be entitled to arbitrate and claim that is part of the Mass Filing.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 12 by writing to: Attn: Legal Department, 3200 Hackberry Rd., Irving, TX 75063. In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. BY OPTING OUT OF BINDING ARBITRATION, YOU ARE AGREEING TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS IN A COURT LOCATED IN DALLAS, TEXAS. YOU AND 7-ELEVEN AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY MAY BRING CLAIMS (WHETHER IN COURT OR ARBITRATION) ONLY IN AN INDIVIDUAL CAPACITY, AND AGREE NOT TO PARTICIPATE IN ANY CLAIM AGAINST THE OTHER AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING.
Notwithstanding the foregoing, 7-Eleven may immediately seek any interim or preliminary injunctive relief from any court of competent jurisdiction, as necessary to protect its rights or property (including intellectual property rights).
13. Governing Law and Venue
These Terms, your access to and use of the Services, including your order of Products shall be governed by and construed and enforced in accordance with the laws of the State of Texas, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of Texas and the United States, respectively, sitting in the State of Texas, County of Dallas.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
The following sections will survive the expiration or termination of these Terms and the termination of your 7-Eleven account: (a) all defined terms and Sections 3, 4, 5, 10, 11, 12, 13, 14, 15, and 16 of Part One; (b) Sections 4.9 and 4.11 of Part Two; (c) Section 11 of Part Three; and (d) Sections 2(c), 3, 5, 6 and 9 through 15 of Part Seven.
These Terms (including, for greater certainty, the additional items in Part Two and Part Three below) constitute the entire agreement between you and 7-Eleven relating to your access to and use of the Services and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of 7-Eleven. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and 7-Eleven’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
Part Two – Additional Terms Applicable to the 7REWARDS Loyalty Program
These Program Terms and Conditions (these “Program Terms”) are subject to, and made a part of the Terms, and apply to your access to, and your participation in the Program, which is operated by 7-Eleven.
These Program Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise.
1. Joining the Program
There are no membership fees associated with the Program. The Program is open only to residents of the U.S. who are 16 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. 7-Eleven encourages parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing online their name, address and other personal information without parental consent.
1.2 7Rewards Cards/Other Methods
You may also participate in the Program if you obtain a physical 7Rewards Card from one of our participating stores in the U.S., an electronic 7Rewards Card via Facebook Messenger, other social media channel, or join by other methods (e.g., join by SMS or in-store at the register). You will begin accumulating Points and Punches as soon as you scan your 7Rewards Card or your Account barcode (accessed through the 7-Eleven App, mobile version of the Site, or Facebook Messenger) at the time of purchase or providing the phone number linked to your Account at the time of purchase. If your 7Rewards Card, Account barcode or phone number are not linked to your Account (“Pre-Enrolled Participants”), You will be unable to redeem your accumulated Points and Punches unless and until your 7Rewards Card, Account barcode or phone number are linked to your Account. If you wish to link your 7Rewards Card, Account barcode, or phone number to an Account, you may create an Account as indicated above and link your 7Rewards Card, Account barcode or phone number to your newly created Account or, if you already have an existing Account, link your 7Rewards Card, Account barcode or phone number to your existing Account under your Account page in the 7-Eleven App or on the Site.
2. Program Description
2.1 Accumulating Points
Except for purchases of certain Excluded Items identified below, the Program enables you to accumulate promotional 7Rewards points (“Points”) on all other purchases (“Qualifying Purchases”) and to convert your Points into My Rewards redeemable for certain eligible items at participating 7-Eleven stores in the U.S. You will accumulate ten (10) Points for each One-Dollar (USD$1.00) you spend on Qualifying Purchases in accordance with this section. However, earning Points for purchases made from the 7-Eleven NOW App are addressed differently, in accordance with Part Three below. Taxes and fees are excluded and ineligible for Point accrual. Points may take longer than 24 hours from the time of the last Qualifying Purchase to show up in your Account. We reserve the right, in our sole discretion, to limit the number of transactions per day for which Points may be awarded as well as the number of Points per day that a Program member may earn.
In order to accumulate Points for Qualifying Purchases, you must identify yourself as a 7Rewards member at the time of purchase (by presenting and scanning your 7Rewards Card, your Account barcode (accessed through the 7-Eleven App, mobile version of the Site, or Facebook Messenger at the time of purchase or providing the phone number linked to your Account at the time of purchase) in order to record and qualify your purchase. Points and My Rewards are promotional only. Points and My Rewards have no value, may not be redeemed for cash, and are not transferable to any other individual or entity. Points will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming My Rewards or other discounts or promotional codes. Points will not be accumulated on purchases of the following products/services: fuel, age-restricted items (such as cigarettes, tobacco, lottery tickets and alcohol), financial services, prepaid card products, money orders, gift cards, phone cards, stamps, Post Office stamps and merchandise, event tickets, bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotions, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). We reserve the right to add or delete products and services eligible for redemption or Point collection at any time, at our sole discretion, without notice.
If you cancel or return a Qualifying Purchase for which you have collected Points, 7-Eleven may deduct the Points that you were awarded for that purchase.
2.2 Punch Programs
From time-to-time, 7-Eleven may offer “punch” programs to earn free products in all or certain of our stores. Details of any such program will be set forth in the rules of such program and/or communicated to you via point-of-purchase display, email, or in-app messaging, and may enable you to get one free product (as we may specify, the “Punch Reward”) for a number of such products that you buy at participating 7-Eleven stores in the U.S. when you present and scan your 7Rewards Card or your Account barcode (accessed through the 7-Eleven App or mobile version of the Site) at the time of purchase or provide the phone number linked to your Account at the time of purchase in order to record and qualify your purchase (each represented as punches on the digital punch card in your Account, if you have an Account and have properly linked and recorded your purchase to your Account, collectively, “Punches”). However, earning Punches for purchases made from the 7-Eleven NOW App are addressed differently, in accordance with Part Three below. We reserve the right, in our sole discretion, to limit the number of transactions per day for which Punches may be awarded. 7-Eleven may, in its sole discretion, modify or discontinue any Punch program at any time without notice to you.
2.3 Limitations on Punches
Punches are promotional only. Punches have no value, may not be redeemed for cash, and are not transferable to any other individual or entity. Punches will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming Points, Punches, My Rewards, other discounts or promotional codes.
If you cancel a purchase or return a product for which you have collected Punch(es), 7-Eleven may deduct the Punch(es) that you were awarded for that purchase or product.
3.1 Redeeming Point Rewards and Punches
Redemption of Point Rewards and Reward Products are subject to availability. You may only redeem Point Rewards and Reward Products at participating 7-Eleven stores in the U.S. 7-Eleven reserves the right to change or discontinue any food or drink products, and to change the amount or kind of Point Rewards or Reward Products necessary to be eligible for redemption at any time. Once Point Rewards or Reward Products have been redeemed, they cannot be credited back to your Account. At this time, Point Rewards or Reward Products may not be redeemed in the 7-Eleven NOW App.
In accordance with applicable tax laws, applicable taxes are calculated and payable by any Program member on the full amount of the purchase price before any reduction for redeemed Point Rewards or Reward Products.
If you have an Account and have properly recorded Points or Punches to your Account or converted your Points to Point Rewards or are eligible to receive a free Reward Product, there may be periods of time where your accumulated Points, Point Rewards, Punches, or Reward Products do not appear in your Account. Rest assured, such Points, Point Rewards, Punches, or Reward Products are still linked to your Account, and are available for conversion or redemption in accordance with these Program Terms once availability resumes.
3.2 Obtain and Redeem Point Rewards with your Points
You may obtain Point Rewards with your Points, which can be redeemed for certain items or for discounts on eligible items at the time of purchase at participating 7-Eleven stores in the U.S. We reserve the right to add or delete products and services eligible for redemption using Point Rewards at any time, at our sole discretion, without notice. We reserve the right to add or remove the availability of any dollar-denominated discount eligible for redemption using Points at any time, at our sole discretion, without notice. For further details of items you can obtain with your Point Rewards, please log into your Account and follow the prompts to view the list of available items. Points cannot be redeemed on purchases of the following products/services: fuel, age-restricted items (such as cigarettes, tobacco, lottery tickets and alcohol), financial services, prepaid card products, money orders, gift cards, phone cards, stamps, Post Office stamps and merchandise, event tickets, bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotions, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). In order to obtain Point Rewards with your Points, follow the prompts in your Account to convert your Points into redeemable items or in-store at the register to convert your Points into discounts (each will be represented as a redeemable item in the “digital wallet” in your Account, “Point Rewards,” and together with Punch Rewards, collectively, “My Rewards”). When obtaining a Punch Reward with your Points, you must have enough Points to obtain the applicable Point Reward. POINT REWARDS MAY NOT BE USED TO OBTAIN EXCLUDED ITEMS. Once the Points you have accumulated are converted into Point Rewards, those Points will immediately be deducted from your Account, and cannot be credited back to your Account or converted into another Point Reward. You must use the same Account when converting Points to Point Rewards and cannot combine and convert Points accumulated in separate Accounts into Point Rewards.
3.3 Redeeming Punches
You may only redeem Punches for a free Reward Product at participating 7-Eleven stores in the U.S. You will qualify for one free Reward Product based upon the applicable number of Punches (as we may specify) you have properly recorded to your Account and/or 7Rewards Card. If you have created an Account and have properly linked and recorded the applicable number of Punches (as we may specify) to your Account, your Account will be updated so that you can scan to receive your free Reward Product. You must use the same Account when redeeming Punches and cannot combine Punches accumulated in separate Accounts to redeem your free Reward Product. At this time, Punches may not be redeemed in the 7-Eleven NOW App.
4.1 Prohibited Conduct
In addition to the restrictions you agreed to in 7-Eleven’s Terms, you agree that any fraud, attempted fraud, suspected fraud, or abuse of the Program or these Program Terms is expressly prohibited and engaging in any of these activities will be grounds for immediate termination and disqualification from the Program and may lead to the forfeiture of all earned Points and Punches.
POINTS AND PUNCHES WHICH HAVE ACCUMULATED BY A PRE-ENROLLED PARTICIPANT WILL EXPIRE SIXTY (60) DAYS AFTER THE POINT OR PUNCH IS EARNED UNLESS THE 7REWARDS CARD OR PHONE NUMBER IS LINKED TO AN ACCOUNT BEFORE THE EXPIRATION OF SUCH SIXTY (60) DAY PERIOD. UNLESS OTHERWISE PROHIBITED BY LAW, ALL ACCUMULATED POINTS AND PUNCHES IN YOUR ACCOUNT WILL AUTOMATICALLY EXPIRE IF FOR NINETY (90) CONSECUTIVE DAYS YOU HAVE NOT EITHER
- USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD POINTS OR OTHERWISE HAD PROMOTIONAL POINTS AWARDED TO YOUR ACCOUNT (WHICH WE HAVE NO OBLIGATION TO AWARD),
- PROPERLY CONVERTED POINTS IN YOUR ACCOUNT TO A MY REWARD,
- USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD PUNCHES, OR
- PROPERLY REDEEMED A MY REWARD IN YOUR ACCOUNT.
IN THE EVENT THAT YOU HAVE MY REWARDS (INCLUDING POINT REWARDS AND PUNCH REWARDS) IN YOUR ACCOUNT, YOU HAVE THIRTY (30) DAYS FROM THE DATE OF CONVERSION OR EARNING TO REDEEM THOSE MY REWARDS, OTHERWISE THEY WILL EXPIRE.
If you believe there is a discrepancy with the number of accumulated Points or Punches or any My Rewards in your Account, you must notify us at the contact particulars below within sixty (60) days of the discrepancy date or it will be deemed correct.
4.4 Lost 7Rewards Card or Compromised Accounts
If your 7Rewards Card has been lost or stolen, you should notify us immediately at the contact particulars below. When 7Eleven is made aware of a lost or stolen 7Rewards Card, it will flag the card as lost or stolen and the lost or stolen card will be rendered inactive. A replacement 7Rewards Card can be obtained at a 7-Eleven participating location. If the lost or stolen 7Rewards Card is linked to your Account, your registration profile and the accumulated, unredeemed Points, Punches and My Rewards at the time such card is rendered inactive will remain intact. If the lost or stolen 7Rewards Card is not linked to your Account, your accumulated Points and Punches at the time such card is lost or stolen will also be lost and unrecoverable. We are not responsible for any Points, Punches or My Rewards used by a third party using a lost or stolen 7Rewards Card, and if the lost or stolen 7Rewards Card is not linked to your Account we are not responsible for the use or loss of any of your Points and Punches. Should the security of your Account be compromised, including in the event your mobile phone or other electronic device capable of accessing your Account is lost, stolen or compromised, you should re-set your Account password immediately. We are not responsible for any Points, Punches or My Rewards used by a third party accessing your Account.
4.5 Member Communications
By creating an Account, you consent to receive electronic communications from 7-Eleven (e.g., via email or by posting notices on the 7-Eleven App or Site). These communications may include notices about promotional events, your Account (e.g., payment authorizations, password changes, security concerns and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
4.6 Promotional Events
From time to time, 7-Eleven may offer promotional events. By providing your email address, you consent to be automatically entered into our promotional events. As part of your consent, you authorize 7-Eleven to communicate with you electronically (via email) about such promotional events, and to send you the promotional events’ descriptions and official terms and conditions that apply to such promotional events. THE WINNER OF ANY PROMOTIONAL EVENTS MAY BE REQUIRED TO SATISFY ADDITIONAL CRITERIA IN ACCORDANCE WITH APPLICABLE TERMS AND CONDITIONS, INCLUDING COMPLETING AND RETURNING A WAIVER AFFIDAVIT AND LIABILITY/PUBLICITY RELEASE IN ORDER TO RECEIVE THE APPLICABLE PRIZE. In the event you are a winner, we may share your name and contact information with a third-party promotional company in order to facilitate the fulfillment of your prize and you consent to such sharing. In the event that you wish withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by
- following the instructions in the email or other communication,
- following the opt out instructions in the terms and conditions, or
- closing your Account.
4.7 Program Cancellation or Change
7-Eleven reserves the right to change or modify the Program and these Program Terms at any time and in our sole discretion. We specifically reserve the right to amend or alter the Program, any Program benefit or award/reward or these Program Terms with or without notice. If we cancel or make changes to the Program and/or these Program Terms, we may provide notice of such changes, such as by sending an email notification, providing notice through the Services or updating the “Last Updated” date at the beginning of these Program Terms. By continuing to access or participate in the Program, you confirm your acceptance of the revised Program Terms and all of the terms incorporated therein by reference. We encourage you to review these Program Terms frequently to ensure that you understand the terms and conditions that apply when you access or participate in the Program. If you do not agree to the revised Program Terms, you may not access or participate in the Program. If 7-Eleven cancels the Program, it will provide at least sixty (60) days’ advance notice of the cancellation through a notification in the 7-Eleven App and at www.7-eleven.com/7rewards. You are responsible for checking the 7-Eleven App and the 7Rewards section of the Site for updates about the Program. If 7-Eleven cancels the Program, all of your Points, Punches and My Rewards will automatically and immediately expire upon the effective date of cancellation. If no Points or Punches are recorded in your Account for 366 consecutive days, you become bankrupt, commit fraud, misrepresent any information, violate any Terms, abuse your Program privileges or act in any other way to the detriment of us, our partners, our suppliers or the Program, we may, without affecting our other rights, disclose such information requested by proper authorities, terminate your enrollment and/or cancel your Points, Punches or My Rewards. If any Points, Punches or My Rewards are cancelled for any reason, they become void without compensation. 7-Eleven reserves the right, at its sole discretion, to cancel or suspend the Program without notice should a virus, bug or any other cause beyond the reasonable control of 7-Eleven corrupt the security or proper administration of the Program.
Any fraudulent, deceptive, unauthorized, or otherwise unlawful participation in the Program or use of the 7Rewards Card, the Services, or your Account is strictly prohibited, and may result in immediate termination or disqualification from the Program and cancellation of your Account. The 7Rewards Card is the property of 7-Eleven and may be revoked at any time by 7-Eleven in its sole discretion. Any unauthorized reproduction of the 7Rewards Card may lead to legal prosecution and cancellation of your Account and the expiration of all accumulated Points, Punches and My Rewards.
IF YOUR ACCOUNT IS CANCELLED, ANY REMAINING POINTS, PUNCHES AND MY REWARDS WILL EXPIRE.
4.8 Your Choices
As part of the Program, you will have access to your Account on the 7-Eleven App or Site, which will provide information about your Account, including your accumulated Points, Punches and My Rewards, and your Account preferences. From the Account, you can update your profile information and can manage Account settings, such as opt-outs.
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN 7-ELEVEN’S TERMS LOCATED AT WWW.7-ELEVEN.COM/TERMS, IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE PROGRAM, 7REWARDS CARD, OR ANY PROMOTIONAL EVENTS. OUR TOTAL LIABILITY TO YOU WITH RESPECT TO THE PROGRAM, PROMOTIONAL CONTESTS, AND CONTENT THEREIN, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE GREATER OF
- THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
- IF YOU HAVE NOT PAID 7-ELEVEN, THE AMOUNT OF USD$100.
THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
4.10 Canada Program
If you have a 7Rewards Card or an Account you may also be eligible to participate in the Canada 7Rewards Loyalty Program based on the Terms and Conditions located at www.7eleven.ca/7rewards and collect points, punches and rewards based on purchases made in Canada, so long as your 7Rewards Card or your Account barcode (accessed through the 7-Eleven App or mobile version of the Site) is scanned at the time of purchase or you provide the phone number linked to your Account at the time of purchase in order to record and qualify your purchase, redemptions or use of any such collected Points, Punches or My Rewards are made in the United States of America and your Account settings are set to the United States of America. Points and Punches accumulated from the Program can only be redeemed in participating stores in the U.S., and cannot be combined with any accumulated Points and Punches from the Canada 7Rewards Loyalty Program.
The Program is void where prohibited. Your accumulated Points and Punches and any My Rewards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred. No substitutions, assignments, or transfers of any Qualifying Purchases will be permitted. 7-Eleven's decisions in connection with this Program are final and binding. 7-Eleven will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7-Eleven. Any provision of these Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Program Terms will remain in effect.
We reserve the right to impose volume limitations on some items, and to offer additional and/or different benefits to some members based on geographic location, participation in the Program, or other criteria determined by us.
Your Account, your 7Rewards Card, and accumulated Points, Punches and My Rewards are personal to you, and may not be sold, transferred or assigned to, or shared with family, friends, or others, and may not be used for any commercial purpose.
If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address(es):
Attn: Customer Care
Box 711, Dallas, TX 75221-0711
5. Fuel Loyalty Program
The 7-Eleven Fuel Loyalty program (“Fuel Loyalty Program”) offers discounts and other benefits for fuel purchases made by 7Rewards members at participating 7-Eleven stores. Any discount on fuel through the Fuel Loyalty Program is limited to $1.00 per gallon, twenty (20) gallons per transaction, and up to two (2) transactions per calendar date and is subject to the Fuel Loyalty Program terms and conditions below.
These Fuel Loyalty Program terms and conditions are subject to and made a part of Part Two of the Terms.
5.1 Eligibility & Enrollment
To be eligible to participate in the Fuel Loyalty Program and receive Fuel Loyalty Savings (“Savings”), you must be a legal resident of the 50 United States or District of Columbia and age 16 or older. If you are 16 or 17 years old, you may only participate in the Fuel Loyalty Program under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions. To accumulate Savings, you must be a member of the 7Rewards Program and have a verified phone number linked to your Account. You may only have one phone number tied to your account.
5.2 Fuel Loyalty Program Description
5.2.1 Accumulating Savings
Savings will reduce the per-gallon price of fuel. You may earn Savings in the following ways, subject to the limitations set forth in Section 5.2.2:
- For the duration of the Fuel Loyalty Program, you will receive a discount of three (3) cents per gallon off the price of fuel.
- For the first seven (7) fuel purchases (up to 20 gallons for each transaction) or the first ninety (90) days of enrollment in the Fuel Loyalty program (whichever ends first), you will receive a discount of 11 cents per gallon off the price of fuel (the “Welcome Offer”).
- You may accumulate additional Savings through offers when you buy products listed under “Fuel” in the Deal tab in the 7-Eleven App (“Fuel Qualifying Products”) at participating stores. To accumulate Savings based on a purchase of Fuel Qualifying Products, you must either
- scan your 7Rewards Card or your Account barcode (accessed through the 7-Eleven App, mobile version of the Site, or Facebook Messenger) at the time of purchase; or
- make the purchase through the 7-Eleven app. For the list of participating stores, visit the 7-Eleven App. For a list of Fuel Qualifying Products, visit the “Fuel” section in the Deal tab in the 7-Eleven App. You may only have one phone number tied to your account.
Savings will not be accumulated on the portion of any transaction that was paid for or credited by using or redeeming 7Rewards Points, Punches, My Rewards, other discounts or promotional codes. Savings will not be accumulated on the purchase of fuel or payment of taxes.
5.2.2 Redeeming Savings
You must be physically present at a participating 7-Eleven location to redeem Savings. Please visit the 7-Eleven App to identify participating locations. You can redeem Savings before initiating your transaction at the pump by:
- Navigating to the Fuel tab in the 7-Eleven App and tapping the “Pay for Fuel” button to authorize the fuel transaction; or
- Entering your 7Rewards verified phone number at the pump by selecting 7Rewards on the dispenser using softkeys. If your phone number is not yet verified, the dispenser will prompt you to verify your phone number using a 6-digit SMS code. You must have a verified phone number associated with your Account before initiating your transaction to redeem Savings.
Once you have connected your Account to the fuel transaction, Savings are automatically applied to your fuel purchase. See Section 5.2.3 for daily and transaction-based limits on redeeming Savings.
5.2.3 Limitations on Redeeming Savings
The maximum Savings that can be redeemed in a single Fuel Loyalty transaction is $1.00 per gallon per transaction, up to twenty (20) gallons per transaction, up to two (2) transactions per calendar date.
7-Eleven reserves the right to impose geographical limitations between transactions in a single day to prevent fraud or abuse.
You may only redeem Savings using a credit card or method of payment stored in your 7-Eleven App. Cash payments, EBT payments, and Fleet cards are not eligible forms of payment to receive Savings.
Savings are promotional only. Savings may not be redeemed for cash and are not transferable to any other individual or entity. Savings may also not be redeemed on prepayments of fuel.
5.2.4 Expiration of Savings
Savings expire according to the following schedule:
- Savings accumulated through the Welcome Offer expire ninety (90) days from the first Fuel Loyalty Program transaction or after the first seven (7) transactions, whichever ends first.
- Savings accumulated through purchases on Fuel Qualifying Products expire sixty (60) days from the date of purchase.
5.3.1 Authorizing Limit on Card Transactions
When you initiate a fuel purchase at the pump without pre-selecting the total fuel amount, 7-Eleven will put a preauthorization hold on your method of payment which may exceed your eventual transaction amount. When your transaction is completed, 7-Eleven will issue a refund of the hold amount and your method of payment will be charged for the actual transaction amount. Depending on your bank, it may take up to several business days for the hold amount to be refunded to your account. If you wish to specify the amount placed on hold, please pre-select the amount of fuel you would like to purchase when you initiate your transaction.
If you believe there is a discrepancy with the number of accumulated Savings in your Account, you must notify us at 1-800-255-0711 within sixty (60) days of the discrepancy date or it will be deemed correct.
5.3.3 Fuel Loyalty Program Cancellation or Change
The Fuel Loyalty Program may be changed, modified, or cancelled pursuant to Section 4.7 of the Program Terms.
Part Three – Terms Applicable to Use of the 7NOW App and the 7NOW Website
These terms govern the purchase and sale of Products from and by local restaurants and vendors (collectively, “Merchants”, and Products sold by Merchants are “Merchant Products”) and 7-Eleven through the 7NOW App and the 7NOW Website. References to “we” throughout this Part Three include both 7-Eleven and Merchants.
1. 7NOW Services
7-Eleven wants to make the Products you love available to you in ways that are convenient to you. In furthering this mission, we created the 7NOW application (the “7NOW App”) and the 7NOW website (the “7NOW Website,” together with the 7NOW App, collectively the “7NOW Service”), which give users the capability to order Products for delivery or pickup (each, an "Order") from 7-Eleven and Merchants (in areas where Merchant Products are offered). Delivery and pickup services are limited to participating locations. All Orders placed using the 7NOW Service are subject to availability and your acceptance of these Terms. The 7NOW Service may not function fully or may not function without error. Neither 7-Eleven nor Merchants will have any liability to you for the 7NOW Service not fully functioning correctly.
2. Acceptance of Order
Your placement of an Order does not necessarily assure that we will accept your Order. We reserve the right to refuse any Order in our sole discretion for any reason, including but not limited to lack of availability, errors on the 7NOW Service, and/or errors in the Order. Once a properly completed Order is received, authorization of your form of payment is received, and we have accepted your Order, we will begin preparing your Order for pickup or delivery, as applicable, and will confirm your Order.
3. Your Account; Access to the 7NOW Service; Communications
You must have a valid, active Account to use the 7NOW Service. If you do not have an Account, you may create one at the time of your Order. Accounts are subject to the terms set forth in Part Two above.
To access and use the 7NOW Service, you may be required to have a verified phone number linked to your Account. If your phone number is not yet verified, the 7NOW Service may prompt you to verify your phone number by requesting your phone number and delivering to your phone number a one-time SMS text message containing a 6-digit code. You may only have one phone number tied to your Account.
4. Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges (if any) are additional. PRICES, PROMOTIONS AND OFFERS DISPLAYED IN THE 7NOW SERVICE ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR 7-ELEVEN STORES, ON THE 7-ELEVEN APP, OR ON MERCHANT AND THIRD PARTY WEBSITES. FOR EXAMPLE, 7NOW SERVICE PRICES MAY BE HIGHER THAN PRICES LISTED IN 7-ELEVEN AND MERCHANT STORES AND ON THE 7-ELEVEN APP. We reserve the right to charge an additional fee such as a “Small Basket Fee,” “Small Cart Fee” or “Small Order Fee” if your Order does not exceed a minimum amount, which may vary by area. You will be advised of any applicable additional fees for small orders prior to checkout. Fees on Orders that include Merchant Products may vary from Orders that do not include Merchant Products. Unless offered, you may not redeem rewards, coupons or other promotions offered as a part of the 7Rewards Program for Orders placed via the 7NOW Service. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products and to substitute Products without prior notice. We strive to provide you with high-quality Products, and given the perishable nature of certain Products and market conditions beyond our control, we may be required to make substitutions from time to time. If you are not satisfied with a substitution, please contact us at 1-855-711-7669.
The delivery fee quoted at checkout may be different than the actual delivery fee for your Order. Differences may occur based on changing availability of drivers, changes in traffic, and other factors between the time you submit your Order and the time your Order is dispatched for delivery and are determined solely by our third party delivery partners. You agree to pay any such differences in the delivery fee and that 7-Eleven is under no obligation to inform you of such changes before charging your payment method for the actual delivery fee.
5. Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your Order (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be cancelled. You must resolve any payment method problems before we proceed with your Order. If you want to delete your payment method or add a new payment method, you can do so at any time by accessing your Account within the 7NOW Service.
In some cases, we (or our third party payment processor) may authorize or reserve a charge on your payment method. The authorization is not a charge. However, it may reduce your available credit by the authorization amount. In the event that the amount of our authorization exceeds the total funds on deposit in your payment account, you may be subject to overdraft or non-sufficient funds charges by the bank issuing your payment method. We are not responsible for these charges and are unable to assist you in recovering them from your issuing bank.
When checking out within the 7NOW Service, you may choose to store your credit / debit card information for future use. This information will not be stored by 7-Eleven but by our payment processor, Stripe. This information will only be used to pay for purchases through the 7NOW Service when you choose to use the stored card.
6. Points for Purchases
From time-to-time, we may, in our discretion, award promotional points in association with purchases made through the 7NOW Service but are under no obligation to do so.
7. Deliveries and Delivery Service Providers
Once you place your Order for delivery, you will be provided with an estimated delivery time at checkout. This time is only an estimate and your actual delivery time may be longer or shorter depending on a variety of factors including, among others, traffic, distance, availability of delivery agents at any given time, and weather. 7-Eleven recommends that you provide a secure location where you can physically receive Orders, including from a DSP (as defined below). You agree to bear responsibility for receipt of Orders shipped to the delivery location specified at time of check out, and 7-Eleven does not bear liability for any Order left unattended by you, a DSP, or otherwise.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. 7-Eleven reserves the right to charge you the full Order amount if you or your designated recipient is not at the designated delivery location when the delivery agent arrives to complete the delivery as well as a restocking or return fee. For deliveries containing alcohol or other age-restricted products, see Section 11 below for additional requirements.
7-Eleven may from time to time engage third-party delivery service providers to facilitate the delivery of Orders (each a “DSP”). By placing an Order for delivery, you agree and accept that an Order may be delivered by one or more DSPs.
You acknowledge and agree that 7-Eleven (a) does not supervise, direct, control, or monitor any Merchant or DSP’s provision of Products or services, (b) has no responsibility, obligation, or liability for the acts or omissions of, or any interaction between you and any Merchant or DSP, (c) will not assess or guarantee the suitability, legality, or ability of any Merchant or DSP, (d) is not responsible for Merchants’ food preparation or Product offerings, food or Product handling, or the safety of the food or other Products, or whether the photographs, images, menu or product listings, catalog, item descriptions, or other menu, product, or catalog information (including nutrition, ingredient, and/or allergen information) displayed through the 7NOW Service accurately reflects the Products sold by Merchants and/or delivered by DSPs, and (e) does not verify Merchants’ compliance with applicable laws or regulations.
You may also have the option to place an Order for delivery by an autonomous delivery vehicle (“ADV”) from participating locations. If you choose to have your Order delivered by an ADV, the following terms apply to you:
- You will comply at all times with any instructions made available to you regarding use of an ADV, and, to the extent multiple Orders appear in the ADV, you will only collect your Order from the ADV.
- You may not use an ADV for any purpose other than to collect your Order, and you may not alter, modify, move, or damage the ADV in anyway. You may not interfere in anyway with the performance, navigation, or operation of an ADV.If you notice any defects in your Order or any issues or defects with the ADV, please contact us at: 855-711-7NOW.
When you place an Order on 7NOW, 7-Eleven will place a hold authorization on your card for the amount of the transaction. The transaction will be processed depending on the status of the Order as described in more detail below.
When an Order is cancelled in time (before the transaction is processed, as explained in more detail below), 7-Eleven reverses the charge and releases the hold authorization. The pending charge will just drop off. Because there was nothing deducted from your account, there is nothing to ever credit back to your account upon the cancellation.
You may cancel your Order, but your eligibility to not be charged depends on the status of the Order and applicable laws and regulations.
Cancellation for Orders Without Merchant Products
For delivery Orders not containing Merchant Products, if you have placed an Order for delivery, you cancel your Order, and the status of your Order has been communicated to you that the Order is in progress and a driver has not been assigned, then your payment has not been and will not be processed. However, if you have placed an Order for delivery that does not include Merchant Products, you cancel that Order, but if the status of the Order is that: (a) the Order is in progress or ready and driver has been assigned or (b) the Order is out for delivery, then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.
For pickup Orders that do not include Merchant Products, if you have placed an Order for pickup, you cancel your Order, and the status of your Order is either that the Order is in progress or that the Order is ready, and the cancellation notification is received within the first 30 minutes of the submitted Order, then your payment has not been and will not be processed.
However, if you have placed an Order for pickup, you cancel your Order, and the status of your Order is that the Order is ready, but the cancel notification was received past the first 30 minutes of the submitted Order, then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.
Cancellation for Orders With Merchant Products
If you have placed an Order that includes Merchant Products for delivery or pickup, and you press the “Cancel Order” button before the Merchant accepts your Order, then your payment has not been and will not be processed. The time it takes a Merchant to accept an Order may vary depending on multiple variables. However, if you have placed an Order for delivery or pickup that includes Merchant Products, and you attempt to cancel your Order after the Order tracker has appeared on your 7NOW App screen, then your Order has been accepted by the Merchant, your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.
7NOW customers who receive defective or incorrect items may be eligible for refund for that particular item(s). To receive a refund, you must:
- for Orders that do not include Merchant Products, from the 7NOW App, locate your PAST ORDER history, tap your Order, and select the option matching your request. Once submitted, you will receive a confirmation email with a ticket number; for Orders containing Merchant Products, customers must call the 7-Eleven customer service number at 1-855-711-7669 to initiate a refund request;
- request the refund within 7 days of the original Order for the item(s); and
- provide a photo of the defective/incorrect product and the photo must be received by 7-Eleven to verify the defect or incorrect receipt.
All three criteria must be met for the defective or incorrect items are eligible for refund.
Subject to applicable laws and regulations, 7NOW customers who order an item which is not received are eligible for a refund if the non-delivered item is reported to the call center within 24 hours of the expected delivery. 7-Eleven reserves the right to not issue a refund upon abuse of this policy.
If the delivery partner is unable to complete the delivery of alcohol or other age restricted products for one or more of these reasons, the customer may be charged a $20 re-stocking fee.
Refunds are not available for items when:
- customers refuse delivery;
- customers are not at the designated delivery location when delivery partner arrives with the Order or fails to pick up an Order; or
- subject to applicable laws and regulations, customer requests the refund more than 7 days after initial purchase (or 24 hours after non delivery of purchase).
Once the refund is approved, the amount to be refunded will be credited back to the card or payment vehicle used to make the initial purchase. The timing of the credit to be received on your card or payment vehicle will depend on your card issuer’s policy. Under no circumstances will any refund be made with cash. All refunds are processed through 7NOW support and are not available at any store location.
We will collect applicable sales tax on Products purchased through the 7NOW Service, including applicable sales tax on delivery, shipping, handling, or other fees. If a Product or fees are subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted after checkout to reflect the actual sales tax on your purchase. Several factors may cause a difference between the sales tax shown at checkout and the actual sales tax, such as variances between processor programs and changes in tax rates.
11. Product Information Disclosures
While we work to ensure that Product information is correct, on occasion manufacturers may alter their ingredient lists. Actual product packaging and materials may contain more and/or different information than that shown via the 7NOW Service, at a 7-Eleven store, or in an Order confirmation. For these reasons you should not rely on the information presented, but should always read labels, warnings, and directions before using or consuming a Product. For additional information about a Product, please contact the manufacturer. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease or health condition. Neither 7-Eleven, its content provider(s) nor Product manufacturers assume any liability for inaccuracies, misstatements, or omissions. In the event of an error, whether on the 7NOW Service, at a 7-Eleven store, in an Order confirmation or in processing an Order, or delivering a Product, we reserve the right to correct such error and revise your Order accordingly (including charging the correct price) or to cancel the Order and refund any amount charged.
12. Orders Containing Alcohol
You may have the option to order alcohol Products from participating locations. You agree that you will comply with all applicable laws and not cause 7-Eleven to contravene any applicable laws. You agree that you are 21 years of age or older if you order alcohol Products. You agree to provide valid government-issued identification during the ordering process and again upon pick-up or delivery of alcohol Products. You agree that we cannot deliver alcohol Products to “dry” areas or areas where possession of alcohol is otherwise prohibited, or to persons who are under the legal age or who, in the sole determination of the delivery agent, are intoxicated when receiving delivery of such Products. Lastly, you agree that if any applicable legal requirements for the delivery of alcohol are not met, 7-Eleven reserves the right to cancel either the alcohol-related portion, or your entire Order, in its sole discretion.
13. Delivery Refusal
7-Eleven and its delivery partners reserve the right to refuse delivery to a customer who
- is not of legal age in accordance with applicable laws and regulations;
- is unable to provide a valid government issued ID;
- if the name on the ID does not match the name on the Order; or
- is visibly intoxicated at the time of delivery.
14. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
15. Customer Service
If you have any questions or concerns relating to your Order, please contact us at 1-855-711-7669.
16. 7NOW Gold Pass Program
16.1 Program Description
The 7NOW Gold Pass program (“7NOW Gold Pass”) is an automatically renewing delivery subscription service offered by 7-Eleven. If you become a member of 7NOW Gold Pass, the delivery fee(s) charged on all 7NOW Orders, will be waived for you. Applicable taxes and additional fees, such as a convenience fee charged on all 7NOW orders or a Small Basket, Small Cart or Small Order Fee charged on orders less than certain amounts, may apply. Current monthly fees for 7NOW Gold Pass are available at 7NOW.com. For qualifying students, 7NOW Gold Pass offers a lower monthly subscription fee and additional perks under the 7NOW Gold Pass student plan (“7NOW Gold Pass Student Plan”). See: https://www.7now.com/7NowGoldPass for current 7NOW Gold Pass benefits.
Please be aware that your subscription will automatically renew for additional monthly periods at the end of your initial term, at the then-current 7NOW Gold Pass fee (prices subject to change), unless you cancel your subscription in accordance with Section 16.5 below.
By purchasing a subscription, you agree to be bound by these Terms, including this Section 16, and 7-Eleven reserves the right to disqualify you from participating in 7NOW Gold Pass if you violate any of these Terms.
7NOW Gold Pass is only applicable for certain 7NOW Orders. 7NOW delivery services are limited to participating locations. See Part Three, Section 4 above for additional information about the availability of the 7NOW service, and below for additional information regarding 7NOW Gold Pass fees, eligibility, and modifications.
16.2 Recurring Subscription Fees
Fees for 7NOW Gold Pass are recurring monthly payments (except where otherwise identified) as described in the course of your subscription purchase transaction with 7-Eleven. Your subscription begins upon payment of a first installment of subscription fees. Each subscription renews monthly upon the payment of automatically recurring subscription fees. Monthly fees are charged on the same day of the month that the subscription began. If such day falls at the end of a month (for example, if a subscription began on the 29th, 30th, or 31st day of a month), then membership will renew on the last day of any month that does not have that many days. Payment and billing are subject to the conditions in Section 5 of Part Three of the Terms.
16.3 Subscription Eligibility
7NOW Gold Pass is open to legal residents of the 50 United States and the District of Columbia who are at least 16 years of age and have a valid 7NOW Account. Each account is limited to one 7NOW Gold Pass subscription, and you may not sign up for multiple subscriptions or free trials using multiple 7NOW accounts. Additionally, 7NOW Gold Pass Student Plan is open to legal residents of the 50 United States and the District of Columbia who (a) are at least 16 years of age; (b) have a valid 7NOW Account; (c) are enrolled in a university or post-secondary school; and (d) pass the verification process. Users will be prompted to complete verification during the signup process.
16.4 Recertification and Recourse
Subscribers to the 7NOW Gold Pass Student Plan will periodically be asked to re-verify their eligibility by completing the verification process again. If a subscriber fails to re-verify their eligibility, they will have the option to switch to the standard 7NOW Gold Pass plan at the current market rate. If a 7NOW Gold Pass Student Plan subscriber fails to either re-verify their eligibility or opt-in to the standard 7NOW Gold Pass plan, their 7NOW Gold Pass Student Plan will be cancelled.
16.5 Cancellations and Refunds
You can cancel your subscription at any time by visiting your 7NOW Account Portal. From the portal, click the 7NOW Gold Pass link and select the "Cancel My Subscription" option. If you cancel your subscription any time before the end of the current billing period, the cancellation will take effect on the last day of the current billing period and you will not receive a refund of any paid subscription fees.
16.6 Free Trials
7-Eleven may offer free trials to new 7NOW Gold Pass subscribers. If you initiate a subscription through a free trial offer, you will receive free access to 7NOW Gold Pass benefits for the duration of the free trial period communicated to you in the offer. At the end of the applicable free trial period, you will be charged the price of a monthly subscription and your subscription will continue to renew monthly at the then-current subscription price (prices subject to change) until you cancel your subscription. To avoid any charges, you must cancel before the end of the free trial period.
16.7 Changes to or Discontinuation of 7NOW Gold Pass
We reserve the right in our discretion, at any time and with or without notice to you, to add to, remove, or otherwise change these 7NOW Gold Pass Program Terms, including by changing the subscription fee and discontinuing 7NOW Gold Pass entirely.
16.8 General Terms and Conditions
YOU MUST NOT (A) ENGAGE IN FRAUDULENT BEHAVIORS IN THE USE OF 7NOW GOLD PASS (INCLUDING BY USING MULTIPLE ACCOUNTS AND/OR DIFFERENT EMAIL ADDRESSES FOR THE SAME PERSON TO SIGN UP FOR 7NOW GOLD PASS FREE TRIALS OR SUBSCRIPTIONS), (B) VIOLATE ANY 7-ELEVEN TERMS, OR (C) VIOLATE AND LAWS, RULES, REGULATIONS, OR THIRD-PARTY TERMS OR POLICIES. SUCH BEHAVIORS MAY (IN 7-ELEVEN’S DISCRETION) RESULT IN DISQUALIFICATION FROM 7NOW GOLD PASS. We reserve the right to monitor all 7NOW Gold Pass activity and terminate your Account and/or your participation in 7NOW Gold Pass if we believe that you have violated these Terms, provided false or inaccurate information, or abused 7NOW Gold Pass, or that the use or creation of your 7NOW Account is unauthorized, fraudulent, or otherwise unlawful or in violation of these Terms or the terms and conditions of any other agreement you may have with 7-Eleven. 7-Eleven will have final discretion regarding your eligibility for, and continued participation in, 7NOW Gold Pass.If 7-Eleven reasonably determines that you have violated these Terms, 7-Eleven may immediately terminate your subscription without notice and without refund.
17. 7NOW Refer-a-Friend Referral Program
17.1 Referral Program Eligibility
7-Eleven may, from time to time and at our discretion, offer the 7NOW Refer-a-Friend Referral Program (“Referral Program”). When available, the Referral Program is open to legal residents of the 50 United States and District of Columbia who are at least 16 years of age and have a valid 7NOW Account. When, at any given time, the Referral Program is made unavailable, your Referral Codes and Referral Awards (defined below) may automatically be cancelled and you may not be permitted to redeem those Referral Codes or Referral Awards.
17.2 How to Participate
For a referrer to receive a promotional credit award (that can be applied to receive a specified discount off the purchase price of a 7NOW delivery Order which does not contain Merchant Products) (a “Referral Award”) for sending their unique “Referral Code” to a new individual:
- The referred person must be eligible to create a new 7NOW Account and not be a current or prior 7NOW Account owner. We will determine in our sole discretion whether the referred person is a current or prior 7NOW Account owner;
- The referred person must have created their new 7NOW Account within 90 days of their receipt of your Referral code and have not previously used their 7NOW Account to place an Order;
- The referred person
- must use your Referral Code by inputting the Referral Code on the checkout page of a 7NOW delivery Order with a basket subtotal that is greater than or equal to $15 and
- successfully have had that 7NOW Order delivered to them (Orders for in-store pickup are not eligible for Referral Awards);
- Referral Codes are only valid for delivery Orders. Referral Codes are not valid for pick-up Orders.
- You must comply with the “Referral Program Representations and Warranties” below, including disclosure of your incentivized connection with us; and
- The referred person must be a resident of the 50 United States or District of Columbia.
Referral Awards earned from a referred person’s use of your unique Referral Code in accordance with the instructions above will be applied to your 7NOW Account for use on delivery Orders which do not contain Merchant Products. For each Referral Code used by a referred person in accordance with the instructions above and these Terms, the referred person will also receive their own Referral Award of the same value. Referral Award value is subject to change during the Promotion Period but will be specified at the time the Referral Code is sent or received. Referrals are subject to verification by us. We may ask you or the referred person to complete other reasonable requests during verification. After verification, we will apply the applicable Referral Award to your 7NOW Account. EACH REFERRAL AWARD WILL EXPIRE IF IT IS NOT USED WITHIN 30 DAYS AFTER IT IS APPLIED TO YOUR 7NOW ACCOUNT.
LIMIT: MAXIMUM OF 50 REFERRAL AWARDS CAN BE EARNED TO YOUR ACCOUNT THROUGH THE REFERRAL PROGRAM, REGARDLESS OF HOW THE REFERRAL AWARDS ARE EARNED. YOU ARE LIMITED TO FIVE REFERRAL AWARDS IN YOUR ACCOUNT AT A TIME. ANY ADDITIONAL REFERRAL AWARDS EARNED WHILE YOU HAVE FIVE REFERRAL AWARDS IN YOUR ACCOUNT ARE VOID. YOU MUST NOT ENGAGE IN FRAUDULENT BEHAVIORS OR SPAM TO OBTAIN REFERRALS, VIOLATE ANY 7-ELEVEN TERMS OR VIOLATE ANY LAWS, RULES, REGULATIONS, OR THIRD-PARTY TERMS OR POLICIES TO OBTAIN REFERRALS. SUCH BEHAVIORS MAY RESULT IN DISQUALIFICATION FROM THE REFERRAL PROGRAM.
17.3 Referral Program Representations and Warranties
You represent and warrant that:
- You satisfy all of the Referral Program eligibility requirements, and that you will not send unsolicited bulk emails or other referral mediums (spam) and will comply with all applicable “SPAM” laws.
- You will disclose your connection with us when sending Referral Codes to others (e.g., “After you use your code, I will also receive a <$x> credit.”).
- You will not engage in any of the prohibited activities listed below. The following actions, each as determined by 7-Eleven in its sole discretion, are strictly prohibited and we may void your Referral Awards, and terminate your participation and/or the 7NOW Account of the person that you refer:
- Use multiple accounts, including with different email addresses, for the same person in order to generate additional Referral Awards;
- Enter into any agreement with any third-party that compensates the third-party for promoting the Referral Program or your Referral Code;
- Refer persons using spam, display or paid advertising, sponsored links, or links on message boards or forums;
- Refer persons using mass forms of communication, including posting on social media platforms and all communications must be with single individuals;
- Use false names, impersonate other people, pretend that one person is two or more separate people, seek to refer yourself, or otherwise provide false or misleading information in connection with this Referral Program;
- Violate the letter or spirit of these Terms in any way.
17.4 Referral Program General Terms and Conditions
The Referral Program and Referral Rewards are void where prohibited by law. Your accumulated Referral Awards available for redemption are promotional in nature, have no cash value, and cannot be sold, copied, shared, or transferred, and are for individual use only. No substitutions, assignments, or transfers of any Referral Awards will be permitted. Referral Awards and Referral Codes may not be applied toward previous purchases or the purchase of gift cards. Only one Referral Award or one Referral Code may be used per delivery Order. 7-Eleven's decisions in connection with this Referral Program are final and binding. 7-Eleven will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7-Eleven. Any provision of these Referral Program Terms deemed unenforceable will be enforced to the maximum extent permissible, and the remainder of these Referral Program Terms will remain in effect.
We reserve the right (in our sole discretion) to disallow Referral Awards that were issued in error or that were not earned legitimately. We reserve the right to make certain Referral Codes or Referral Awards selectively available to certain individuals at any time based on activity, geographic location, program participation or other factors determined in our sole discretion. The receipt of a Referral Code or a Referral Award does not entitle Referral Program participants to any vested right with respect to the Referral Code or Referral Award or the Referral Program. You agree the Company will not have any liability for any modification or termination of the Referral Program, even if any modification or termination affects your ability to use any Referral Codes or Referral Awards already issued. Upon termination of the Referral Program, your Referral Codes and Referral Awards may automatically be cancelled and you may not be permitted to redeem those Referral Codes or Referral Awards. We are not responsible for Referral Codes or Referral Awards lost due to fraudulent or unauthorized use of your Account. You agree not to engage in fraud or abuse in your use of the Referral Program. Any fraud or abuse relating to your accumulation of Referral Codes or Referral Awards or distribution of Referral Codes or other non-compliance with these Terms, all as determined in our sole discretion, may result in the annulment of all Referral Awards earned under the Referral Program, and we may terminate your ability to participate in the Referral Program. We reserve the right to monitor all Referral Program activity and terminate your Account and/or your participation in the Referral Program if we believe (in our sole discretion) that you have violated the Terms, provided false or inaccurate information, abused the Referral Program, or that the use of your 7NOW Account is unauthorized, fraudulent, or otherwise unlawful or in violation of these Terms or the terms and conditions of any other agreement you may have with 7-Eleven. 7-Eleven will have final decision in any disputes over Referral Codes, Referral Awards, or your participation in the Referral Program.
18 . Updates
We will post an updated version of these terms at www.7-eleven.com/terms, and you will be deemed to have accepted such changes by continuing to use the website, 7NOW App, or 7NOW Gold Pass after the date such changes are posted. We may also choose to send you an email or other notice of any such changes.
Part Four - Terms Applicable to Mobile Checkout Feature
These Additional Terms are applicable to your use of the Mobile Checkout Feature of the 7-Eleven App or the Mobile Checkout webpage (“Mobile Checkout Feature”).
1. Mobile Checkout Feature
The Mobile Checkout Feature enables customers to scan products at participating 7-Eleven stores with their mobile devices and use a mobile payment solution to pay for the purchase of those products. Any use of the Mobile Checkout Feature is subject to the following additional terms:
You agree to accurately scan all products before checkout when using the Mobile Checkout Feature, and to pay for all products you obtain from any 7-Eleven store. If you are unable to scan any products for any reason (including due to lack of connectivity with your mobile service), please consult with a 7-Eleven store associate to make sure all items are reflected on your physical or electronic receipt.
You agree to verify your purchase by following the instructions within the 7-Eleven App. Where you are required to show your confirmation screen to a store associate, you will do so prior to leaving the store. Where confirmation at a “Confirmation Station” is required, you will scan your confirmation screen on the Confirmation Station and wait for the green confirmation signal before leaving any store. You agree to not make a copy of the Mobile Checkout confirmation screen, either by screen shot or other method.
You agree that 7-Eleven store associates may review the products in your possession and compare such products to your receipt or proof of purchase on your mobile or other electronic device at any time and request that any products be re-scanned, and that any product or order price be re-calculated. In the event you and any 7-Eleven store associate calculate different totals for your purchase, the calculation confirmed by the 7-Eleven store associate will be the amount payable by you.
You agree to fully cooperate with us and our store associates during your use of the Mobile Checkout Feature, including by providing any identification or verification required for the purchase of certain products.
2. Accessing and Using the Mobile Checkout Feature
7-Eleven may alter, suspend, or terminate use of the Mobile Checkout Feature at any time at its discretion without notice to you. For certain large Mobile Checkout purchases, you may be asked to confirm your payment method and identity with a 7-Eleven store associate located at the store counter by presenting the credit card used for the transaction and a government-issued photo identification. If you are unable or unwilling to do so, you must pay for your purchase using traditional check-out methods.
3. Acceptable Payment Methods
During the Mobile Checkout process, you may use as your payment method your stored credit card information, Apple Pay, Google Pay, or other payment method as may be provided for in the Mobile Checkout Feature, subject the applicable terms for that payment method. 7-Eleven makes no warranty that such payment methods will be available or accessible at participating 7-Eleven stores.
4. Your Responsibility
You are responsible for the security of your mobile device and all purchases made using your device. Should the security of your mobile device be compromised, including in the event your mobile device capable of accessing the Mobile Checkout Feature is lost, stolen or compromised, 7-Eleven shall not be responsible for any purchases made by a third party using a lost, stolen, or compromised mobile device. 7-Eleven is under no obligation to refund or otherwise provide you with credit for any purchases made from a lost, stolen or compromised mobile device.
5. Ineligible Products
Some items cannot be purchased using the Mobile Checkout Feature (e.g., fuel, age-restricted items (such as cigarettes, tobacco, lottery tickets and alcohol), financial services, prepaid card products, money orders, gift cards, phone cards, stamps, charitable donations, hot food and individual fresh fruit items without a barcode, and other items which are otherwise ineligible for Mobile Checkout). In the event you scan an ineligible item, the Mobile Checkout Feature may notify you of that item’s ineligibility. For these items, you must pay for your purchase using traditional check-out methods.
6. 7Rewards Points; Promotional Participation
Customers using the Mobile Checkout Feature via the mobile checkout page in their web browser do not earn Points or Punches on their purchases or receive prices, promotions or offers displayed in-store or in the 7-Eleven App for users of the 7-Eleven App.
Registered 7Rewards members who are using the Mobile Checkout Feature in the 7-Eleven App earn Points and Punches on purchases. You may also redeem for My Rewards, Reward Drinks, or Reward Products during purchases made using the Mobile Checkout Feature in the 7-Eleven App. To redeem Points for a My Reward using the Mobile Checkout Feature in the 7-Eleven App, you must first, prior to checkout, convert your Points to a My Reward in accordance with Section 3 of Part Two above. Your accumulation of Points and Punches and redemption of My Rewards, Drink Rewards, or Reward Products is subject to the terms and conditions of the 7Rewards program terms, which may be found in Part Two above. For users of the Mobile Checkout Feature in the 7-Eleven App, prices, promotions and offers displayed in store or in the 7-Eleven App will be reflected in the Mobile Checkout Feature; provided, however, that not all products are available for purchase through the Mobile Checkout Feature. For those items that are not available for purchase through the Mobile Checkout Feature, you will need to purchase at the register in order to receive the promotional price or other offer for users of the 7-Eleven App.
Part Five – 7-Eleven Gift Card Terms and Conditions
1. About the 7-Eleven Gift Card
The 7-Eleven Gift Card (the “Card”) is a gift card that customers may preload with a dollar value and use to purchase goods and services in participating 7-Eleven stores. This dollar value is a prepayment for the goods and services of participating 7-Eleven stores located in the United States.
These Terms and Conditions (the “Card Terms”) are subject to, and made a part of, the Terms, and apply to your access to the Card service. The Card Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. To the extent there is a conflict between the Card Terms and any other 7-Eleven terms applicable to you, the Card Terms will govern such conflict.
Unless otherwise required by law or provided in these Terms, the dollar value on your Card is nonrefundable and may not be redeemed for cash. The dollar value in your Card is not insured by the Federal Deposit Insurance Corporation (“FDIC”) and does not earn interest.
2. Loading Value to Your Card
The Card is reloadable. In the United States, you can load value to your Card by visiting any participating 7-Eleven store. You may load value to your Card using a debit card, a credit card, cash (at participating 7-Eleven stores), Apple Pay or Google Pay. The value that you load to your Card may take up to 24 hours to become available for use. Once a dollar value is loaded to your Card, the transaction cannot be reversed.
The minimum amount that you may load to a Card is $5. The maximum amount that you may load is $100.
You may not use a Card to purchase lottery tickets, gift cards and money orders. Cards are non-refundable and non-exchangeable.
4. Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Card or the prepaid value held therein. Your Card and the prepaid value held therein has no expiration date.
We may, from time to time, in our sole discretion offer promotional programs associated with Cards. Each promotional program is subject to the Card Terms and may also be subject to additional terms associated with the promotional program. Please review these additional terms carefully and be aware that we reserve the right to modify them at any time without notice to you.
6. Receipts and Transaction History
You may request a receipt each time that you use your Card to purchase goods and services at a participating 7-Eleven store. The receipt will identify your Card as the payment method and indicate the remaining prepaid value balance on your Card.
You may check your Card balance by visiting a participating 7-Eleven store and requesting a balance receipt or by calling Customer Support at 1-866-520-4842. We will not mail you an account statement in connection with your Card. It is your responsibility to maintain your own receipts and monitor your transaction history and account balance to detect clerical, billing or accounting errors, fraud and unauthorized transactions.
7. Billing Errors, Corrections
In the event that you believe we have made a clerical, billing or accounting error with respect to the value maintained in your Card, please contact us at 1-866-520-4842. We will review your claim and correct any error that we discover. If we do not find an error, we will provide support for our finding. We will have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
8. Lost or Stolen Card
Risk of loss and title for card passes to purchaser on transfer. You must therefore keep your Card in a safe place. If your Card is lost or stolen, the Card and the value maintained on the Card cannot be replaced. 7-Eleven is not responsible for any lost or stolen Cards or use of a Card without your permission.
Part Six – 7-Eleven Wallet Terms and Conditions
1. About the 7-Eleven Wallet
The 7-Eleven Wallet (“Wallet”) is a service that allows customers to load a dollar value to a prepaid account and use these funds to purchase goods and services in participating 7-Eleven stores. This dollar value is a prepayment for the goods and services of participating 7-Eleven stores located in the United States.
To find out if Wallet is accepted at a 7-Eleven near you, simply open the app, and click the map icon on the top right corner of your home screen and filter for “Wallet” stores.
If you can’t see “Wallet” on your home screen, go to Settings > Privacy > Location Services > 7-Eleven (iOS) or to Settings> Apps & Notifications > 7-Eleven > Permissions > Location (Android) on your phone to allow location services. You must also be near one of the 7-Eleven Wallet locations.
These Terms and Conditions (the “Wallet Terms”) are subject to, and made a part of, the Terms, and they apply to your access to the Wallet service. The Wallet Terms do not alter in any way the terms or conditions of any other agreement you may have with us in respect of any products, services or otherwise. To the extent there is a conflict between the Wallet Terms and any other 7-Eleven terms applicable to you, the Wallet Terms will govern such conflict.
Unless otherwise required by law or provided in these Terms, the dollar value in your Wallet is nonrefundable and may not be redeemed for cash. The dollar value in your Wallet is not insured by the Federal Deposit Insurance Corporation (“FDIC”) and does not earn interest.
2. Creating a Wallet Account
To be eligible to create a Wallet, you must be located within the United States.
Eligible persons can create a Wallet account by using our 7-Eleven Mobile App. Follow the prompts and input the required information to create your Wallet account.
When creating your Wallet account, you agree that you will:
- provide complete and accurate information about yourself; and
- update such information if it changes.
If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your Wallet. If you believe your Wallet account has been disabled in error, please contact us at 1-800-255-0711.
3. Loading Value to Your Wallet
In the United States, you can load value to your Wallet by visiting any participating 7-Eleven store or using our 7-Eleven Mobile App. You may load value to your Wallet using a debit card, a credit card, cash, a 7-Eleven gift card, Apple Pay or Google Pay. The value that you load to your Wallet may take up to 24 hours to become available for use. Once a dollar value is loaded to your Wallet, the transaction cannot be reversed.
You may link a payment method to your Wallet account to make it easier to load funds to your Wallet by inputting payment method information into the Wallet mobile application.
The value that you maintain in your Wallet cannot exceed $1,000 in any single day.
The minimum amount required to set up your Wallet is $10.
You may also opt to automatically reload a preset amount of value to your Wallet when the value associated with your Wallet falls below a preset amount or on a weekly or monthly basis. In order to do so, you will be required to link a payment method to your Wallet account. We will send you a notification confirming the automatic reload terms and bill your payment method according to the schedule and amount you have selected. We will also send you a notification after each reload to let you know your Wallet has been reloaded. You can change your reload preferences at any time, but changes may take up to twenty-four (24) hours to go into effect.
You may discontinue the automatic reload feature by tapping on Wallet in the 7-Eleven Mobile App and going to “Manage Wallet”.
4. Earning and Redeeming 7Rewards Points with Your Wallet
From time to time, 7-Eleven may offer Points in association with the load of your Wallet and/or when you use your Wallet to purchase goods and services at participating 7-Eleven stores. Details of any such promotional Points offers will be available through the 7-Eleven Mobile App and subject to any additional terms, if applicable. Please refer to Part Two of this Agreement (“Additional Terms Application to the 7Rewards Loyalty Program”) for more details.
You will be able to view and redeem the Points that you earn using your Wallet in the 7-Eleven Mobile App.
5. Fees and Expiration of Card Balances
We do not charge any activation, service, dormancy or inactivity fees in connection with your Wallet or the prepaid value held therein. Your Wallet and the prepaid value held therein has no expiration date.
We may, from time to time, in our sole discretion offer promotional programs associated with the Wallet. Each promotional program is subject to the Wallet Terms and may also be subject to additional terms associated with the promotional program. Please review these additional terms carefully and be aware that we reserve the right to modify them at any time without notice to you.
7. Receipts and Transaction History
You may request a receipt each time that you use your Wallet to purchase goods and services at a participating 7-Eleven store. The receipt will identify your Wallet as the payment method and indicate the remaining prepaid value balance in your Wallet.
You may view your Wallet transaction history by viewing your Wallet in the 7-Eleven Mobile App. We will not mail you an account statement in connection with your Wallet. It is your responsibility to monitor your transaction history and account balance to detect clerical, billing or accounting errors, fraud and unauthorized transactions.
8. Billing Errors, Corrections
In the event that you believe we have made a clerical, billing or accounting error with respect to the value maintained in your Wallet, please contact us at 1-800-255-0711. We will review your claim and correct any error that we discover. If we do not find an error, we will provide support for our finding. We will have no obligation to review or correct any billing error unless you provide us sufficient notice for us to review your claim within sixty (60) days of the date of the transaction in question.
9. Fraud and Unauthorized Transactions
Your Wallet account is intended to be used solely by yourself. You should not share your 7-Eleven Mobile App account username and password (“Login Credentials”) with any third party. You are solely responsible for maintaining the confidentiality and security of your 7-Eleven Mobile App Login Credentials.
If somebody else obtains your Login Credentials, they will be able to access and use your Wallet. You are responsible for all such transactions involving your Wallet, including fraudulent and unauthorized transactions.
If someone obtains unauthorized access to your Wallet, please notify us at 1-800-255-0711 and we will place your account on hold to prevent further use of the value within your Wallet. The remaining balance in your Wallet is protected from the time you notify us. We will assist you with creating new Login Credentials so that you may use your remaining prepaid value.
You may not use a Wallet to purchase lottery tickets, gift cards and money orders. Funds in the Wallet are non-refundable and non-exchangeable.
Part Seven – 7Charge Terms and Conditions
7-Eleven provides the electric vehicle charging network services (“Charging Services”) available via the 7Charge App and/or electric vehicle service equipment (an “EVSE” or “Charging Station”) that has been commissioned onto our Cloud Network. THESE 7CHARGE TERMS AND CONDITIONS (“7CHARGE TERMS”) CONSTITUTE A BINDING LEGAL CONTRACT AND ARE INCORPORATED AS PART OF THE 7-ELEVEN TERMS OF WHICH THESE 7CHARGE TERMS ARE PART 7.
The following are users of the Charging Services (each, a “User” or “you” and, collectively, the “Users”):
- A “Guest” may use the Charging Services, without registering with the Charging Services as a Driver, to pay for and receive a single vehicle charge from an EVSE that has been commissioned onto the Cloud Network. As used herein “Cloud Network” means 7-Eleven’s licensed and proprietary software that facilitates Charging Services in connection with 7-Eleven’s network of EVSEs.
- A “Driver” is an individual that has downloaded the 7Charge App and registered and maintained a Charging Services account in good standing with 7-Eleven. Registering as a Driver allows you to access and use a broader suite of then-current Charging Services functionalities than are available to Guests.
2. Services; License.
- Charging Services may include the processing of payments for charging electric vehicles via an EVSE. You expressly acknowledge and agree that pricing and pricing policies for each EVSE commissioned onto the Cloud Network is determined by 7-Eleven in its sole discretion.
- Subject to your compliance with these 7Charge Terms, solely for the duration of your use of Charging Services and subject to the restrictions set forth herein, 7-Eleven hereby grants you a revocable, personal, limited, non-sublicensable, non-exclusive license to access and use the Charging Services. Except as expressly set forth in these 7Charge Terms, you receive no other right, title, or interest in or to the Charging Services or the 7Charge App, Site or EVSEs which may facilitate the Charging Services.
You shall not circumvent, nor shall you permit any third party to circumvent, any technological measures or features of the Site, 7Charge App, EVSEs or Charging Services (collectively “7Charge”) that are intended to control access to or otherwise protect 7Charge, including without limitation any protected content or information contained or included in the foregoing. You shall not: (a) use any robot, spider, crawler, scraper or other automated means to access 7Charge, (b) take any action that imposes or may impose, in 7-Eleven’s sole discretion, an unreasonable or disproportionately large load on the 7Charge infrastructure, (c) interfere or attempt to interfere with the proper operation of 7Charge, (d) bypass or attempt to bypass any security or other measures of 7Charge that are intended to prevent or restrict access to 7Charge or (e) or otherwise use 7Charge for any purpose not expressly permitted herein.
4. Changes to 7Charge Terms.
7-Eleven reserves the right to modify, update, or otherwise revise these 7Charge Terms at any time in its sole discretion. Such revisions shall be effective immediately upon posting revised 7Charge Terms on the Site or the 7Charge App. 7-Eleven shall notify you of any such changes to these 7Charge Terms by posting the date the updated 7Charge Terms takes effect on the Site. By using 7Charge after 7-Eleven has posted any modification, updates, or revisions, you agree to be bound by such revised 7Charge Terms. Except with regards to the terms and conditions which, by their nature, are intended to survive termination (including without limitation any perpetual licenses you grant to 7-Eleven hereunder), if any modification, update, or other change to these 7Charge Terms is not acceptable to you, you may terminate these 7Charge Terms by terminating your 7Charge account(s) and ceasing all uses of the 7Charge App, EVSEs and Charging Services.
5. Intellectual Property Ownership
- You shall not (i) challenge any 7Charge proprietary rights held by 7-Eleven or its licensors or (ii) take any action inconsistent with the provisions of this Section 5 of these 7Charge Terms.
6. Links to Other Services.
7Charge may be integrated with or link to other third-party services (“Linked Services”).
- Any 7Charge integration with Linked Services is provided for convenience and, as such, you access the Linked Services at your own risk and governed by any and all end user license agreements or other terms and conditions issued by the third-party owners or licensors of such Linked Services. 7-Eleven does not control Linked Services, and has no responsibility with regards to: (i) your use of any Linked Services or (ii) the content of any Linked Services. A link to Linked Services does not imply or create any 7-Eleven endorsement of, sponsorship of, or affiliation with such Linked Services. Without limiting the generality of the foregoing, 7-Eleven is not responsible and shall have no liability for any viruses, Trojan Horses or other harmful or illicit code you may come in contact with in connection with your access or use of Linked Services.
- You acknowledge and agree that you are: (i) simultaneously bound by each Linked Service’s rules or restrictions regarding posting, storing, and using Personal Information on the Linked Services and (ii) solely responsible for any liability that arises from or in relation to your breach of any such rules or restrictions.
7. Interruptions to the Services.
Interruptions to the Services. You acknowledge and agree that access to 7Charge may from time-to-time be unavailable to you, whether because of technical failures or interruptions, intentional downtime for 7Charge or changes to 7Chage, or otherwise. You agree that (i) any modification of 7Charge, and any interruption or unavailability of access to 7Charge does not constitute a default of any 7-Eleven obligations under these 7Charge Terms or which may otherwise arise in connection with your use of 7Charge and (ii) 7-Eleven shall have no liability of any nature for any such modifications, interruptions, unavailability, or failure of access.
8. Technical and Customer Support.
Technical and Customer Support. You may request Charging Services technical support by contacting the following email or phone number:
- Email: firstname.lastname@example.org
- Phone: 1-844-711-CHRG (2474)
- Mail: 7-Eleven, Inc.Box 711, Dallas, TX 75221-0711 Attn: Customer Care
9. User Representations and Warranties.
You represent, warrant, and covenant the following:
- you have all rights, title and interest, including without limitation all copyright rights and other intellectual property rights, in and to the User Content you submit;
- you will not register with or submit to 7Charge any User Content that is false or misleading;
- by using the Charging Services, the Terms (including without limitation these 7Charge Terms) are valid, binding and enforceable against you;
- your performance of your obligations under the Terms will not constitute a breach of any other agreement or obligation by which you are bound;
- you are not, and will not be, under any restriction or prohibition related to the performance of your obligations under the Terms;
- you will pay all fees and other charges incurred in connection with your or your account’s use of 7Charge, including without limitation fees incurred by a third party that has access to your account or mobile device;
- in the event of any unauthorized use of your 7Charge account or circumstances that could lead to the unauthorized use of your 7Charge account, you will contact 7-Eleven immediately;
- you have and will continue to provide 7-Eleven with accurate, current and complete registration and other account information, and will update any and all such information if and as soon as it changes;
- you undertake the responsibility for proper use of 7Charge in accordance with the Terms, including without limitation: (i) understanding and agreeing to the applicable pricing and pricing policies set forth for use of Charging Services, (ii) understanding, agreeing to and complying with any additional or terms or conditions applicable to Linked Services, (iii) verifying your vehicle is compatible with the applicable EVSE, (iv) choosing the correct charge port connector to connect your vehicle to the EVSE, (v) verifying the EVSE has been activated through QR code or EVSE ID, (vi) ensuring your applicable Charging Service payment method is active and permitted to be used with your account and (vii) correctly securing the charge port connector to your electric vehicle and verifying that charging properly commences;
- you are at least eighteen (18) years of age or the legal age to operate a motor vehicle in the applicable jurisdiction, with the knowledge and consent of your parent or legal guardian;
- you are duly licensed by applicable government authorities to operate the motor vehicle you seek to use in connection with Charging Services;
- you will maintain any information you use to access 7Charge, including without limitation any User IDs or passwords in strict confidence and not share such information with third parties;
- you will refrain from sharing confidential login information with any third parties, except as otherwise required by law;
- you will change your 7Charge account password immediately upon becoming aware that it has been compromised;
- 7-Eleven, as well as its affiliates and licensors, will not be liable for any loss, damage, claim or liability that may arise from your breach of or failure to comply with this Section 9.
10. No Warranty; Disclaimer.
- YOU ACKNOWLEDGE AND AGREE THAT YOU USE 7CHARGE AT YOUR SOLE RISK. 7CHARGE AND THE LICENSES GRANTED TO YOU UNDER THESE 7CHARGE TERMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND OR NATURE, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- 7-ELEVEN AND ITS LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES REGARDING THE CHARGING SERVICES OR RELATED EVSE HARDWARE OR SOFTWARE, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COURSE OF DEALING OR COURSE OF PERFORMANCE.
- YOU ACKNOWLEDGE AND AGREE THAT VEHICLE CHARGING IN CONNECTION WITH YOUR USE OF CHARGING SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE AND WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR VEHICLE OR ANY COMPUTER SYSTEM THAT RESULTS FROM YOUR USE OF THE SERVICE TO CHARGE A VEHICLE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT (I) EVSEs INCLUDE HIGH VOLTAGE AND THUS POTENTIALLY DANGEROUS EQUIPMENT AND (II) UNLESS OTHERWISE PROHIBITED BY APPLICABLE LAWS OR REGULATIONS, YOU WAIVE ANY CLAIMS FOR DAMAGES, LOSSES OR OTHERWISE THAT YOU MAY HAVE AGAINST 7-ELEVEN, ITS FRANCHISEES, LICENSORS, AFFILIATES AND EVSE HARDWARE PROVIDERS IN RELATION TO PROPERTY DAMAGE OR PERSONAL INJURIES INCURRED IN CONNECTION WITH YOUR USE OF CHARGING SERVICES.
11. Limitation of Liability.
- IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS CONTAINED IN THE 7-ELEVEN TERMS OF WHICH THESE 7CHARGE TERMS ARE PART 7, THE ENTIRE AND CUMULATIVE LIABILITY OF 7-ELEVEN, ITS AFFILIATES, FRANCHISEES, LICENSORS AND EVSE HARDWARE PROVIDERS (TO YOU OR ANY THIRD PARTY) FOR ANY LOSSES OR DAMAGES ARISING OUT OF OR OTHERWISE RELATING TO THESE 7CHARGE TERMS SHALL NOT EXCEED AN AMOUNT EQUAL TO THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT VIA THE 7CHARGE APP OR OTHERWISE ON QUALIFYING EVSE CHARGING SERVICES IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENTS GIVING RISE TO THE CLAIM OR (II) USD $100.00.
- WITHOUT LIMITING AND NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL 7-ELEVEN, ITS AFFILIATES, FRANCHISEES, LICENSORS OR EVSE HARDWARE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS OR ANTICIPATORY PROFITS OR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, GENERAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS OR LOSS OF BUSINESS), EVEN IF FORESEEABLE OR IF YOU, 7-ELEVEN OR ANY 7-ELEVEN AFFILIATE(S), FRANCHISEE(S), LICENSOR(S) OR EVSE HARDWARE PROVIDER(S) HAVE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS, DAMAGE OR EXPENSE.
- WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT 7-ELEVEN DOES NOT AND CANNOT COMPLETELY CONTROL THE FLOW OR SECURITY OF DATA TO OR FROM 7CHARGE AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON (I) THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES AND (II) THE SECURITY MEASURES YOU UTILIZE AN MAINTAIN IN CONNECTION WITH YOUR USE OF ONLINE SERVICES. AT TIMES, ACTIONS OR INACTIONS OF YOU OR THIRD PARTIES MAY IMPAIR OR DISRUPT YOUR OR OTHER THIRD PARTIES’ SECURE CONNECTIONS TO AND USE OF THE INTERNET AND 7CHARGE. ALTHOUGH 7-ELEVEN WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ACTIONS WITHIN ITS CONTROL THAT IT DEEMS APPROPRIATE TO MAINTAIN SECURE CONNECTIONS TO 7CHARGE, 7-ELEVEN CANNOT GUARANTEE THAT CONNECTION DISRUPTIONS OR ADVERSE SECURITY EVENTS WILL NOT OCCUR. ACCORDINGLY, 7-ELEVEN DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.
- YOU ACKNOWLEDGE THAT THE LIMITATIONS SET FORTH IN THIS SECTION 11 (LIMITATION OF LIABILITY) ARE AN ESSENTIAL BASIS OF THE BARGAIN AND OF THE ALLOCATION OF RISKS BETWEEN YOU AND 7-ELEVEN. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OR PART OF THE CHARGING SERVICE, OR WITH ANY OF THESE 7CHARGE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE 7CHARGE APP AND CHARGING SERVICES.
12. Equitable Relief.
You agree that a breach or violation of Sections 2, 3, 5, or 9 of these 7Charge Terms will result in immediate and irreparable injury and harm to 7-Eleven. In such event, 7-Eleven shall have, in addition to any and all other remedies it may have available to it at law or under the Terms (including without limitation monetary damages under these 7Charge Terms), the right to an injunction, specific performance or other equitable relief to prevent or otherwise remediate the given breach or violation.
You shall indemnify, defend and hold harmless 7-Eleven, its affiliates, franchisees, licensors, EVSE hardware providers (collectively, “Indemnitees”), as well as each Indemnitee’s officers, directors, employees, agents, shareholders, members and managers from and against any and all claims, losses, demands, liabilities and actions, including without limitation the payment of all attorneys’ fees and other legal expenses, that arise in connection with: (a) these 7Charge Terms, (b) any User Content alleged to infringe, misappropriate or otherwise violate any intellectual property or other proprietary right of any person or entity anywhere in the world or (z) personal injury or property damage related to your use of Charging Services. Notwithstanding the foregoing, 7-Eleven may control its own defense and engage its own legal counsel in its sole discretion.
14. Fees and Payment.
- You shall pay 7-Eleven all applicable fees and related taxes (other than taxes on 7-Eleven’s income) that arise in connection with your use of 7Charge.
- You authorize 7-Eleven to temporarily charge one dollar ($1.00) to each payment method you add to your 7Charge account so as to verify validity of such payment method.
- You authorize 7-Eleven to charge all applicable Charging Services fees to the payment card or other payment account(s) included in your 7Charge account. You further acknowledge and agree that a third-party payment processing company may store such payment card or other payment account information. You will be automatically charged for all fees and taxes incurred in relation to the Charging Services as such fees and taxes become due. Your obligations to pay fees continue until 7-Eleven has received all payments in full. If your payment card issuer, account or bank does not honor charges you have incurred, or otherwise incurred under your 7Charge account, you will remain directly liable to 7-Eleven for all unpaid amounts.
- Non-payment of any fees, taxes or other sums due to 7-Eleven in relation to the Charging Services may result in termination of your 7Charge account, as determined by 7-Eleven in its sole discretion. 7-Eleven may, in its sole discretion, also appoint an outside debt collection agency to collect amounts owed to 7-Eleven in relation to Charging Services used by you or another individual using your account. You agree to reimburse 7-Eleven for all costs 7-Eleven incurs in collecting such unpaid amounts, including without limitation debt collection agency fees and reasonable attorneys’ and other legal expenses.
- You must notify 7-Eleven of any and all overcharges or other billing disputes within thirty (30) days of the date the disputed charge was added to your account. If you dispute a charge to your payment card issuer, account or bank that, in 7-Eleven’s reasonable judgment, is a valid charge under the provisions of the Terms (including without limitation these 7Charge Terms), you agree to reimburse 7-Eleven for its reasonable costs incurred in connection with the investigation and resolution of the matter. 7-Eleven will refund any such fees if the investigation finds that your action in disputing the charge to your card issuer, account or bank was justified because the charge was not, in fact, a valid charge under the provisions of the Terms.
- All fees and charges are non-refundable and there are no refunds.
15. Collection and Use of Personal Information.