GasBuddy Terms of Service
Effective Date: 29 February 2016
These GasBuddy Terms of Service (the “Terms of Service”) describe the terms pursuant to which GasBuddy/OpenStore, LLC (“GasBuddy” “we” or “us”) offers you access to the GasBuddy website located at GasBuddy.com.au (the “Site”), and the services and tools (including, but not limited to, mobile and other software applications) related to the Site (collectively, the “Service”). These Terms of Service apply when you access, visit or use the Service.
DISTRACTED DRIVING AWARENESS. DISTRACTED DRIVING IS VERY DANGEROUS. ALWAYS DRIVE IN ACCORDANCE WITH TRAFFIC LAWS AND IN A MANNER THAT IS APPROPRIATE AND SAFE FOR ROAD AND TRAFFIC CONDITIONS. ANY INTERACTION WITH THE SERVICE WHILE OPERATING A MOTOR VEHICLE IS STRICTLY FORBIDDEN. ANY PRICE UPDATES OR OTHER INTERACTIONS WITH THE SERVICE SHOULD ONLY BE SENT WHILE YOUR MOTOR VEHICLE IS NOT IN MOTION AND IN A LOCATION PERMITTED BY LAW. PASSENGERS OTHER THAN THE DRIVER MAY INTERACT WITH THE SERVICE WHILE THE MOTOR VEHICLE IS IN MOTION, PROVIDED ANY SUCH INTERACTION DOES NOT DISTRACT THE DRIVER’S ATTENTION FROM THE ROAD OR TRAFFIC AND DOES NOT INTERFERE WITH THE DRIVER’S OPERATION OF THE MOTOR VEHICLE.
- About GasBuddy; Eligibility. GasBuddy is a Maryland limited liability company that helps motorists save money by providing motorist with current retail gas prices. The Service is intended for users who are at least eighteen (18) years old. If you are not at least eighteen (18) years old, you must not access, visit or use the Service.
- Acceptance of the Terms of Service. You accept these Terms of Service and agree to be bound by these Terms of Service when you access, visit or use the Service or create a GasBuddy account. Please read these Terms of Service carefully because they govern your access to and use of the Service and set forth legally binding terms applicable to your use of our Service. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU MUST NOT ACCESS OR USE THE SERVICE.
- Amendments. We may amend these Terms of Service from time to time. We will post any material changes to these Terms of Service on the Service with a notice advising of the changes at least thirty (30) days before the effective date of the changes. If you do not agree to the new terms, you must terminate your account within the applicable thirty (30) day period by contacting us at firstname.lastname@example.org or by postal mail at Suite 201, 14-16 Suakin Street Pymble NSW 2073 Attn: GasBuddy Customer Service and you will not be bound by the amended terms. Otherwise, the new terms will take effect after thirty (30) days.
GasBuddy Accounts and Registration. You can visit and browse the Service without creating a GasBuddy account, but you will not be able to access some features of the Service unless you create a GasBuddy account. You can create a GasBuddy account either by directly registering through the Service or by logging in to the Service through your account on Facebook, or other compatible social media platforms (each, a “Social Media Service”). By creating a GasBuddy account you represent that you are: (i) at least eighteen (18) years old; (ii) of legal age to form a binding contract; and (iii) not barred from using the Service under the laws of the United States or another jurisdiction (including, but not limited to, Australia). You must not have more than one active GasBuddy account at any time, whether this is by use of a different name, email address, an alias or any other combination of information.
- Creating an Account Directly through the Service. If you choose to create a GasBuddy account directly through the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”); (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete; and (iii) not use the name of another person with the intent to impersonate that person or in a way that otherwise causes confusion as to the origin of your account. If you provide any information that is untrue, inaccurate, not current or incomplete, or that impersonates another person, or if GasBuddy has reasonable grounds to suspect that the information you provide is untrue, inaccurate, not current or incomplete, or impersonates another person, GasBuddy may suspend or terminate your account and refuse to allow you to use the Service at any time.
- Termination of Your Account. You may terminate your account at any time by contacting us at email@example.com. If you terminate your account you will still be able to access and view the Sites, but you will not have access to any of the customized features and content that are available to registered users of the Service. We may also terminate your account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability.
- Ownership of the Service. Except for User Content (as described below in Section 7), you agree that GasBuddy and its licensors or partners own all rights, title and interest in the Service and all materials provided by us in connection with the Service, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights or photographs, (the “GasBuddy Content”), and all intellectual property rights related to the GasBuddy Content. Subject to Division 4A of the Australian Copyright Act 1968, you must not (and you must not allow any third party to) copy, modify, create a derivative work from, decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Service. The GasBuddy name, logo and symbols and related names are trademarks and service marks of GasBuddy (the “GasBuddy Marks”). You agree not to display or otherwise use any GasBuddy Marks without GasBuddy’s prior written consent.
- Responsibility for User Content. If you have a GasBuddy account you will be able to post content to the Service including comments, data, text, photographs, graphics, messages, tags, images, illustrations, or other materials (“User Content”). You, and not GasBuddy, will be solely responsible for any and all User Content that is uploaded, posted, e-mailed, transmitted or otherwise made available through the Service, and other users of the Service, and not GasBuddy, are similarly responsible for the User Content that they upload, post, e-mail, transmit or otherwise make available through the Service. By posting User Content on the Service, you agree to assume full responsibility for the applicable User Content and represent that: (i) you are the sole owner of all User Content that you make available through the Service or that you have all rights, licenses, consents and/or releases necessary to make your User Content available through the Service and to grant to GasBuddy the rights to your User Content described in these Terms of Service, (ii) the User Content does not and will not infringe the rights of any third party, including any intellectual property rights, publicity rights or rights of privacy, and (iii) all of your User Content and other information that you provide to us is truthful and accurate. Please remember that the Service is a public platform and that other users of the Service may search for, see and/or use any User Content that you make publicly available through the Service. GasBuddy has the right to pre-screen, refuse or remove any User Content that violates these Terms of Service or that it otherwise deems objectionable, such as, but not limited to the use of profanity, racism, hateful comments or sexual connotation. Should your account or your User Content be removed from the Service, GasBuddy reserves the right to retain your User Content for backup, archival, or audit purposes.
- Content on the Service. GasBuddy is not responsible for, nor does GasBuddy necessarily hold the opinions expressed by, User Content. Opinions and other statements expressed by users of the Service are theirs alone. Users are fully responsible for the accuracy and completeness of the User Content that they contribute to the Service. GasBuddy does not endorse, guarantee, or assume any responsibility, obligation or liability relating to the applicable User Content, including, but not limited to, liability for third-party claims against users of the Service for defamation, libel, slander, infringement, invasion of privacy, violation of publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
- GasBuddy’s Rights in User Content; Gas Data. GasBuddy does not claim ownership of your User Content. However, you grant GasBuddy a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display your User Content and to incorporate your User Content into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in your User Content in any media known now or in the future in connection with the Service, all without compensation to you. You understand that the technical processing and transmission of data associated with the Service, including your User Content, may require: (i) transmissions over various networks; and (ii) changes to your User Content to conform and adapt to technical requirements of connecting networks or devices. If, and to the extent, a User inputs retail gas price data (the “Gas Data”) into the Service, such User grants GasBuddy a perpetual, worldwide, royalty-free, non-exclusive, sub-licensable, transferable and irrevocable right and license to use, distribute, publish, reproduce, copy, modify, adapt, publicly perform and publicly display the Gas Data and to incorporate the Gas Data into any form, medium or technology, and to exercise any and all copyright, trademark, publicity, and database rights you have in the Gas Data in any media known now or in the future in connection with the Service, all without compensation to you. You release GasBuddy from and against any and all claims of any kind which you may have against GasBuddy in connection with such use of User Content and Gas Data as described herein, including, but not limited to, those based on rights of publicity or privacy. If you purchase Gas Data via the Service or through www.gaspricedata.com you are granted a limited, non-exclusive, non-assignable, non-transferrable license to use the Gas Data for your own use and you must not otherwise distribute, transfer or sell any part of the Gas Data to third parties.
Prohibited User Content. While using the Service, you agree that you will not upload, post, e-mail, transmit or otherwise make available any User Content that:
is unlawful, harmful, threatening, abusive, harassing, tortious, infringing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or is racially, ethnically or otherwise objectionable;
creates a risk of harm, loss, or damage to any person or property or a risk of physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, to any other person, or to any animal;
seeks to harm or exploit minors in any way, including, but not limited to, by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
violates, or encourages any conduct that violates laws or regulations or contains any information or content that is illegal; or
infringes any third party’s intellectual property rights, privacy rights, publicity rights, or other personal or proprietary rights or contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
Prohibited User Conduct. While using the Service, you agree not to engage in any of the following prohibited activities:
use, display, mirror or frame the Service, any individual element within the Service, the GasBuddy name, trademark, logo or other proprietary information, or the layout and design of any page, without our express prior written consent;
access the Service by any means other than through the interface provided by GasBuddy and as otherwise expressly authorized under these Terms of Service;
access, tamper with, or use non-public areas of the Service, our computer systems, or the technical delivery systems of our providers;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by GasBuddy or any of our providers or any other third party (including another user) to protect the Service;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service;
attempt to access or search the Service or scrape or download User Content from the Service, or otherwise use, upload content to, or create new links, reposts, or referrals in the Service through the use of any engine, software, tool, agent, device or mechanism (including automated scripts, spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by GasBuddy or other generally available third party web browsers;
send any unsolicited or unauthorized spam, advertising messages, promotional materials, email, junk mail, chain letters or other form of solicitation;
use any meta tags or other hidden text or metadata utilizing the Service or an GasBuddy trademark, logo, or URL without GasBuddy’s express prior written consent;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your account) or your access to or use of the Service;
disrupt the normal flow of dialogue, cause a screen to scroll faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects the ability of other users to engage in real-time exchanges;
collect or store any personally identifiable information from other members of the Service without their express permission;
stalk or otherwise harass another person or entity;
impersonate or misrepresent your affiliation with any person or entity;
violate any applicable law or regulation; or
encourage or enable any other individual to do any of the activities prohibited in these Terms of Service.
- User Feedback. GasBuddy welcomes and encourages your feedback, but please do not submit any proprietary or confidential information, suggestions or materials via email, the Service or any other method. By submitting opinions, suggestions, feedback, and/or proposals through the Service, or through any other communication with GasBuddy, you acknowledge and agree that: (A) the suggestions or feedback you provide will not contain confidential or proprietary information; (B) GasBuddy is not under any obligation of confidentiality, express or implied, with respect to the suggestions and feedback you provide; (C) GasBuddy shall be entitled to use or disclose (or choose not to use or disclose) the suggestions and feedback you provide for any purpose, in any way, in any media worldwide; (D) GasBuddy may have similar ideas to the suggestions and feedback you provide already under consideration or in development; (E) the suggestions and feedback you provide will automatically become the property of GasBuddy without any obligation of GasBuddy to you and you hereby assign all of your rights in the suggestions and feedback to GasBuddy; (F) you are not entitled to any compensation or reimbursement of any kind from GasBuddy under any circumstances, and (G) you will not submit any materials that you do not have the right to make available under any law or contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). You expressly agree that you will solely bear any liability related to your submission of these materials through the Service or to GasBuddy.
- Links to Other Websites. The Service may contain links to third party websites, resources or data, and other users of the Service may post links to third party websites, resources or data. You acknowledge and agree that GasBuddy is not responsible or liable for the availability of these websites or resources, or for any content, advertising, products, services or other materials on or available through these websites or resources, including payment or delivery of such goods or services from these websites. You also acknowledge that you are solely responsible for and assume all risk arising from the use of any of these websites, resources or data. Links to third party websites on the Service are not intended as endorsements or referrals by GasBuddy of any products, services or information contained on the applicable websites. These Terms of Service do not apply to third party websites, including the content of and your activity on those websites. You should review third-party websites’ terms of service, privacy policies and all other website documents, and inform yourself of the regulations, policies and practices of third-party websites.
- Disclaimer of Warranties. THE SERVICE, INCLUDING ALL GAS DATA, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SUBJECT TO SECTION 14, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GASBUDDY AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GASBUDDY PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE GASBUDDY PARTIES DO NOT WARRANT THAT THE SERVICE OR GAS DATA WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCT DESCRIPTIONS OR DEPICTIONS, OR OTHER CONTENT OFFERED AS PART OF THE SERVICE, ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. IF YOU DOWNLOAD ANY CONTENT FROM THE SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. SUBJECT TO SECTION 14, YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY CONTENT THROUGH THE SERVICE. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE GASBUDDY PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT OR PERSONALIZATION SETTINGS.
- Non-Excludable Guarantees. DESPITE THE FOREGOING, NOTHING IN THESE TERMS OF SERVICE EXCLUDES, RESTRICTS OR MODIFIES ANY CONSUMER GUARANTEE, RIGHT OR REMEDY CONFERRED ON YOU ANY APPLICABLE LAW THAT CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED BY AGREEMENT (INCLUDING THE AUSTRALIAN CONSUMER LAW, BEING SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) ("NON-EXCLUDABLE GUARANTEE"). TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, OUR LIABILITY FOR BREACH OF A NON-EXCLUDABLE GUARANTEE IS LIMITED, AT OUR OPTION, TO EITHER RESUPPLYING THE SERVICE TO YOU OR PAYING THE COST OF RE-SUPPLYING THE SERVICE TO YOU.
- Limitation of Liability. YOU UNDERSTAND AND AGREE THAT THE GASBUDDY PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A GASBUDDY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE GAS DATA.
- Abusing GasBuddy. Please report problems, offensive content, and policy violations to us by sending us an email at firstname.lastname@example.org. We reserve the right, but have no obligation, to remove any User Content from the Service at any time in our discretion. In addition, without limiting other remedies, we may, in our sole discretion, limit, suspend, or terminate the Service and user accounts, prohibit access to the Service, and its content, delay or remove hosted content, and take technical and legal steps to keep users from using the Service, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
- Copyright Policy. GasBuddy respects the rights of content owners and asks that you do the same. You are responsible for any content that you make available through the Service. When sharing any content that is owned by third parties, such as photographs, images, articles or links, you must ensure you have the content owner's permission to do so and you should credit the original source.
- Release. If you have a dispute with one or more other users of the Service, you agree to release the GasBuddy Parties from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and another user of the Service.
- Indemnity. You agree to indemnify and hold the GasBuddy Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of: (A) your User Content; (B) your use of the Service; (C) your violation of these Terms of Service; or (D) your violation of any applicable law or rights of another party.
- Choice of Law and Forum. The laws of the State of New South Wales, Australia apply to these Terms of Service and the parties consent to bring any action to enforce this Agreement in the federal or state courts located in New South Wales, Australia.
- A party must not start arbitration or court proceedings (except proceedings seeking interlocutory relief) about a dispute arising out of these Terms of Service or the Service ("Dispute") unless it has complied with this clause 21. If a party does not comply with this clause 21 in relation to a Dispute, the other party does not have to comply with this clause in relation to the Dispute.
- A party claiming that a Dispute has arisen must notify the other party or parties to the Dispute giving details of the Dispute ("Notification").
- On receipt of a Notification each party must negotiate in good faith to resolve the Dispute and, if necessary to resolve the Dispute, involve the Chief Executive Officers or other senior officers of any of the parties directly in those negotiations.
- If the Dispute is not resolved under clause 21C within 14 days of the date of the Notification (or a longer period agreed between the parties), the parties must refer the Dispute for mediation by the Australian Commercial Dispute Centre Limited ("ACDC") for resolution in accordance with the Mediation Rules of the ACDC. Mediation must take place within Sydney, New South Wales.
- If the Dispute is not resolved under clause 21D within 60 days after referral to mediation (or a longer period agreed between the parties) any party may refer the Dispute for arbitration by the Australian Commercial Dispute Centre Limited (ACDC) for resolution in accordance with the Arbitration Rules of the ACDC.
- This clause 21 does not prevent a party from applying to a court for urgent injunctive relief.
- Notices. Except as explicitly stated otherwise, legal notices shall be served on GasBuddy’s national registered agent (in the case of GasBuddy) or to the email address you have designated on your account (in your case). Notice to you shall be deemed given when you open the email or twenty-four (24) hours after the time at which the email enters your email system (provided that we do not receive a delivery failure or out of office message), whichever is the earlier.
- Assignability. You must not assign or delegate any right or obligation you have under these Terms of Service, whether by operation of law or otherwise, without the prior written consent of GasBuddy. GasBuddy may assign or delegate any right or obligation under these Terms of Service, whether by operation of law or otherwise, without your consent.
- Headings. Headings are for reference purposes only and do not limit the scope or extent of such section.
- Entire Agreement. These Terms of Service (including incorporated policies and rules) sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of these Terms of Service: Section 8 (GasBuddy’s Rights in User Content), Section 14 (Non-Excludable Guarantees), Section 15 (Limitation of Liability), Section 18 (Release), Section 19 (Indemnity) and Section 20 (Choice of Law and Forum), Section 21 (Arbitration Agreement) and any other provision of these Terms of Service which, by its nature, is to survive termination and/or that is required to give effect to such termination or its consequences.
- No Oral Modifications. Employees of the GasBuddy Parties are not authorized to modify the terms of these Terms of Service, either verbally or in writing. If any employee of the GasBuddy Parties offers to modify these Terms of Service, he or she is not acting as an agent for the GasBuddy Parties or speaking on our behalf. You must not rely, and should not act in reliance on, any statement or communication from an employee of the GasBuddy Parties or anyone else purporting to act on our behalf.
- Third Party Beneficiaries. These Terms of Service are between you and GasBuddy. There are no third party beneficiaries.
- Independent Contractor. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
- Contact Information. If you have any questions about these Terms of Service or your account, you may contact us by email at email@example.com or by postal mail at Suite 201, 14-16 Suakin Street Pymble NSW 2073 Attn: GasBuddy Customer Service.