TERMS & CONDITIONS
Last Updated: November 7, 2018
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 1 - Terms for All Users
The Services are not targeted toward or intended for use by anyone under the age of 13. 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 (a) provide accurate, current and complete Account information, (b) maintain and promptly update, as necessary, your Account information, (c) maintain the security of your Account credentials, (d) 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 (e) 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: (i) use the Apps on your mobile device for your personal non-commercial use only; and (ii) view the Sites, and to print insignificant portions of materials retrieved from the Sites provided (a) they are used only for informational, non-commercial purposes, and (b) 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 (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) 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; (c) attempt to gain unauthorized access to 7-Eleven computer systems or networks connected to 7-Eleven, through hacking, password mining or any other means; (d) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (e) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (f) 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; (g) 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 (h) 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 anything on our Services infringes any copyright that you own or control, you may notify 7-Eleven’s Designated Agent as follows:
3200 Hackberry Road
Irving, TX 75063
Subject line: DMCA
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: (A) THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; OR (C) 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 (A) 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, (B) 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, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS, OR (E) 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 (I) THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) 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 (a) 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 (b) 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 settled by binding arbitration before JAMS, Inc. and in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason. ANY SUCH DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY ARBITRATION WITH ANY DISPUTE OF ANY OTHER PARTY. Each party shall be responsible for its costs incurred in such arbitration, but if you cannot afford to pay for the arbitration 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 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. 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. 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: all defined terms and Sections 3, 4, 5, 10, 11, 12, 13, 14, 15, and 16 of Part One; and Sections 4.9 and 4.11 of Part Two; and Section 11 of Part Three.
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 13 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. If you are between 13 and 18, you may join and participate in the Program only with the permission of a parent or guardian. 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, you will only be able to redeem your accumulated Punches. You cannot redeem your accumulated Points 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. Accumulating Drink Punches
The Program enables you to get one free 7-Eleven hot drink, iced coffee, Big Gulp, Gulp cold drink, or Slurpee drink (of any size offered by 7-Eleven and including refills of refillable 7-Eleven mugs and tumblers) (“Reward Drink”) for every six such drinks 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, “Drink Punches”). However, earning Drink 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 Drink Punches may be awarded.
2.3. Other Punch Programs
From time-to-time, 7-Eleven may offer “punch” programs for other products in addition to the Drink Punch program outlined above. 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 “Reward Product”) 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, “Other Punches” and together with Drink Punches, collectively, “Punches”). However, earning Other 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 Other Punches may be awarded.
2.4. 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. Purchases of 7-Eleven mugs and tumblers are not eligible for Drink Punches.
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 my Rewards, Drink Punches and Other Punches
Redemption of My Rewards, Reward Drinks and Reward Products are subject to availability. You may only redeem My Rewards, Reward Drinks 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 My Rewards, Reward Drinks or Reward Products necessary to be eligible for redemption. Once My Rewards, Reward Drinks or Reward Products have been redeemed, they cannot be credited back to your Account. At this time, My Rewards, Reward Drinks 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 My Rewards, Reward Drinks or Reward Products.
If you have an Account and have properly recorded Points or Punches to your Account or converted your Points to My Rewards or are eligible to receive a free Reward Drink or Reward Product, there may be periods of time where your accumulated Points, My Rewards, Punches, Reward Drinks or Reward Products do not appear in your Account. Rest assured, such Points, My Rewards, Punches, Reward Drinks 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 My Rewards with your Points
You may obtain My Rewards with your Points which can be redeemed for certain items at participating 7-Eleven stores in the U.S. We reserve the right to add or delete products and services eligible for redemption at any time, at our sole discretion, without notice. For further details of items you can obtain with your My Rewards, please log into your Account and follow the prompts to view the list of available items. In order to obtain My Rewards with your Points, follow the prompts in your Account to convert your Points into redeemable items (each will be represented as a redeemable item in the “digital wallet” in your Account, collectively, “My Rewards”), which can be redeemed for the item at participating 7-Eleven stores in the U.S. When obtaining a My Reward with your Points, you must have enough Points to obtain the applicable My Reward. MY REWARDS MAY NOT BE USED TO OBTAIN EXCLUDED ITEMS. Once the Points you have accumulated are converted into My Rewards, those Points will immediately be deducted from your Account, and cannot be credited back to your Account or converted into another My Reward. You must use the same Account when converting Points to My Rewards and cannot combine and convert Points accumulated in separate Accounts into My Rewards.
3.3. Redeeming Drink Punches
You may only redeem Drink Punches for a free Reward Drink at participating 7-Eleven stores in the U.S. You will qualify for one free Reward Drink for every six Drink Punches you have properly recorded to your Account and/or 7Rewards Card. If you have created an Account and have properly linked and recorded your purchase of six Drink Punches to your Account, your Account will be updated so that you can scan to receive your free Reward Drink. You must use the same Account when redeeming Drink Punches and cannot combine Drink Punches accumulated in separate Accounts to redeem your free Reward Drink. At this time, Drink Punches may not be redeemed in the 7-Eleven NOW App.
3.4. Redeeming Other Punches
You may only redeem Other 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 Other 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 Other 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 Other Punches and cannot combine Other Punches accumulated in separate Accounts to redeem your free Reward Product. At this time, Other 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 ON A 7REWARDS CARD THAT IS NOT LINKED TO AN ACCOUNT WILL EXPIRE SIXTY (60) DAYS AFTER THE POINT OR PUNCH IS EARNED UNLESS THE 7REWARDS CARD 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 (I) 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), (II) PROPERLY CONVERTED POINTS IN YOUR ACCOUNT TO A MY REWARD, (III) USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD PUNCHES, OR (IV) PROPERLY REDEEMED A MY REWARD, REWARD DRINK OR REWARD PRODUCT IN YOUR ACCOUNT.
IN THE EVENT THAT YOU HAVE CONVERTED POINTS INTO MY REWARDS, YOU HAVE THIRTY (30) DAYS TO REDEEM THOSE CONVERTED MY REWARDS FOR ITEMS, OTHERWISE THOSE MY REWARDS EXPIRE AFTER THE THIRTY (30) DAY PERIOD. IN THE EVENT THAT YOU HAVE CONVERTED DRINK PUNCHES INTO REWARD DRINKS, YOU HAVE ONE (1) YEAR TO REDEEM THOSE CONVERTED REWARD DRINKS TO DRINKS, OTHERWISE THOSE REWARD DRINKS EXPIRE AFTER THE ONE (1) YEAR PERIOD.EXPIRATION PERIODS FOR OTHER PUNCHES CONVERTED INTO REWARD PRODUCTS WILL VARY AND WILL BE DESCRIBED IN THE RULES APPLICABLE TO THOSE OTHER PUNCH PROGRAMS.
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 (i) following the instructions in the email or other communication, (ii) following the opt out instructions in the terms and conditions, or (iii) 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 (I) THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) 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
Phone: (800) 255-0711
Email: [email protected]
Part Three – TERMS APPLICABLE TO USE OF THE 7-ELEVEN NOW APP and the 7-ELEVEN NOW WEBSITE
These terms govern the purchase and sale of Products from and by 7-Eleven through the 7-Eleven NOW App and the 7-Eleven NOW Website.
1. 7-Eleven NOW 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 7-Eleven NOW application (the “7-Eleven NOW App”) and the 7-Eleven NOW website (the “7-Eleven NOW Website,” together with the 7-Eleven NOW App, collectively the “7-Eleven NOW Service”), which give users the capability to order Products for delivery. The 7-Eleven NOW Service is currently beta software, meaning that are still in development and may not function fully or may not function without error. During this test phase, delivery services are limited to participating locations. All Orders placed using the 7-Eleven NOW Service are subject to availability and your acceptance of these Terms.
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 7-Eleven NOW 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 send you an Order Confirmation.
3. Guest Checkout
You must have a valid, active Account to use the 7-Eleven NOW 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.
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 7-ELEVEN NOW SERVICE ARE SOMETIMES DIFFERENT THANTHE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR 7-ELEVEN STORES OR ON THE 7-ELEVEN APP. FOR EXAMPLE, SOMETIMES 7-ELEVEN NOW SERVICE PRICES WILL BE HIGHER THAN IN-STORE IN IN-7REWARDS APP PRICES. We reserve the right to charge a “Small Basket Fee” if your Order does not exceed a minimum amount, which may vary by area. You will be advised of any applicable Small Basket Fee prior to checkout. At the present, you may not redeem rewards, coupons or other promotions offered as a part of the 7Rewards Program for Orders placed via the 7-Eleven NOW 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 800-255-0711.
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 your 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 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 purchase (including any applicable taxes and other charges) (collectively, an “Order”). 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 “wallet” within the 7-Eleven NOW 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 7-Eleven NOW 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 7-Eleven NOW Service when you choose to use the stored card.
6. Points for Purchases
Purchases made through the 7-Eleven NOW Service are not eligible to earn or accumulate 7Rewards Points. From time-to-time, we may, in our discretion, award promotional points in association with purchases made through the 7-Eleven NOW Service but are under no obligation to do so.
Once you place your Order, 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. 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. You acknowledge that transportation or logistics services are provided by third party independent contractors who are not employed by 7-Eleven.
8. Cancellations; Refunds
You cannot make changes to, or cancel, an Order once it is placed. If you are dissatisfied with any Products in your Order, please contact us at 800-255-0711. We reserve the right to, in our sole discretion, issue a refund or replacement products, or take no action.
We will collect applicable sales tax on Products shipped in the states for which we determine we have a duty to collect sales tax. If a Product is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
10. 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 7-Eleven NOW 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 7-Eleven NOW 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.
11. 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.
12. No Resale
You are not permitted to resell or otherwise use the Products for commercial purposes.
13. Customer Service
If you have any questions or concerns relating to your Order, please contact us at 800-255-0711.
Part Four - Terms Applicable to Scan and Pay Feature
These Additional Terms are applicable to your use of the Scan and Pay Feature of the 7-Eleven App (“Scan and Pay Feature”).
1. Scan and Pay Feature
The Scan and Pay 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 Scan and Pay Feature is subject to the following additional terms:
- You agree to accurately scan all products before checkout when using the Scan and Pay 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 show your Scan and Pay confirmation screen to a 7-Eleven store associate before leaving any store. You agree to not make a copy of the Scan and Pay 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 Scan and Pay Feature, including by providing any identification or verification required for the purchase of certain products.
2. Accessing and Using the Scan and Pay Feature
7-Eleven may alter, suspend, or terminate use of the Scan and Pay Feature at any time at its discretion without notice to you. For certain large Scan and Pay 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 Scan and Pay 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 Scan and Pay 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 Scan and Pay 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 Scan and Pay 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 Scan and Pay). In the event you scan an ineligible item, the Scan and Pay 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
Purchases made using the Scan and Pay Feature earn Points and Punches. You may also redeem for My Rewards, Reward Drinks, or Reward Products during purchases made using the Scan and Pay Feature. To redeem Points for a My Reward using the Scan and Pay Feature, 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. Prices, promotions and offers displayed in store or in the 7-Eleven App will be reflected in the Scan and Pay Feature; provided, however, that not all products are available for purchase through the Scan and Pay Feature. For those items that are not available for purchase through the Scan and Pay Feature, you will need to purchase at the register in order to receive the promotional price or other offer.