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GROUNDSPEAK TERMS OF SALE & CANCELLATION AND REFUND POLICY

These Terms of Sale & Cancellation and Refund Policy is an agreement between and and conditions ("Terms") between Groundspeak, Inc. and you.

IMPORTANT NOTE: All memberships, regardless of type, are subject to the Terms of Use for the Geocaching website.

For legal reasons, some provisions of these Terms differ for residents of France and Germany. The Terms always indicate which provisions apply in which country.

  1. Who are we

    The Service is offered by Groundspeak, Inc, a company incorporated under the laws of the Washington State, USA, with a registered office at 837 North 34th Avenue, Suite 300, Seattle, Washington 98103. All of our contact information is available here. The best and fastest way to contact us is through our Help form.

  2. Services

    These terms govern Premium membership, a paid subscription on the Geocaching.com website, the Geocaching® mobile app, Waymarking.com, Wherigo.com, Adventure Lab, and that may also be available via Geocaching Authorized API Developers, depending on the functionality of their offerings (collectively, "Service(s)").

    Premium membership provides access to certain features and content (hereinafter, collectively "Content") on the Services that are not available to Basic members.

    Depending on how the Premium Membership was purchased, you may also have to accept other specific terms.

    1. How to access the Services

      In order to access the Premium membership Services you must:

      1. Create an account online on Geocaching.com (hereinafter the "Site") or through the Geocaching app. The Geocaching app can be downloaded on Google and Apple’s app stores.

      2. Purchase and activate a Premium subscription for the Services (a "Subscription").

      3. Connect to the internet in order to access and use the Services. You are solely responsible for the cost and maintenance of your internet connection and any mobile data plans required or impacted by your use of the Services.

        The Service may not operate on certain devices and operating systems, which are detailed here.

    2. Changes to the Services

      The Services and the Content may change from time to time, as we may make modifications to add or remove some features or change access to Content.

      We will notify you in advance of significant changes to the Service that impact the value of your Premium Subscription. Should you not agree with any such Service change, you will be entitled to cancel your Subscription. We will not necessarily notify you of changes that only result from a technical improvement having no impact on the Subscription price or on the Service quality or changes that provide additional or improved features.

  3. Price and payment

    1. Subscription price

      The current subscription price for purchases on our Site is available here, or if purchasing on a mobile device, in the applicable app store.

    2. Payment method

      1. Direct Subscription through Geocaching.com

        To purchase a Subscription directly through us on Geocaching.com, you must provide us with a current and valid method of payment, such as a credit or debit card or Paypal account. You are responsible for all charges incurred in connection with your Subscription.

        We will charge or debit your payment method at the beginning of each term of your Subscription. When we renew your Subscription, we will use the payment method currently associated with your account.

        If your credit or debit account has been closed or your payment method is otherwise invalid, your Subscription may not renew and your Premium membership will revert to a Basic membership. Where allowable under local laws, in certain cases, such as an expired card, our payment processor will contact the card issuing bank for updated information to allow the purchase to go through. If we are unable to collect payment prior to your Subscription renewal date, and you wish to retain your Premium Membership, you will be subject to current Premium membership pricing.

        You can view your payment method at any time by logging in to Geocaching.com, clicking the arrow next to your username, and selecting "Settings". Click the "Membership" tab, then "Edit Membership" to view and edit your account details. Until you cancel, billing for your Subscription will continue according to the cycle stated at the time of your purchase.

      2. Subscription through Google or Apple

        To purchase a Subscription through Apple or Google ("App Store(s)"), you must provide a current and valid payment method. Your payment method will be processed by the App Store and any payment questions should be directed to Google or Apple, as applicable, not to us. You are responsible for all charges incurred in connection with your Subscription.

        The terms and conditions and privacy policy of the App Store from which you purchase your Subscription, in addition to these Terms, will apply. In the event of any inconsistency between these Terms and the terms and conditions of the App Store, the terms and conditions of the App Store shall take precedence. For example, for any provisions in these Terms explaining how you pay and/or cancel, you should refer to the terms and conditions of the App Store from which you purchased your Subscription.

  4. Term

    1. Premium Membership

      You can subscribe to Premium Membership for various terms, which may include one year, one quarter and/or one month. We sometimes experiment with different offerings, so the length of the terms offered may be different depending on when you subscribe. Your Subscription will always renew for the term you initially purchased unless that term length has been discontinued, in which case your Subscription will not automatically renew.

      Premium membership automatically renews for successive identical terms, unless you cancel your Subscription in accordance with section 5 below. If you purchased a non-renewing Premium subscription or if you were given a non-renewing Subscription as a gift, you will need to manually renew.

      1. Charter Membership

        Charter membership is a special designation for a Premium Subscription purchased in the first year we offered them and consistently maintained every year since. All terms applicable to a Premium Subscription are applicable to a Charter Premium Subscription, except that if you renew your Charter Premium Subscription more than 30-days after its expiration, you will lose the Charter designation and your membership will revert to a Premium Membership.

      2. Gift Membership

        Through our Site, you may purchase a non-renewing one year Premium gift membership. If you are in the U.S. or Canada, you may also purchase and have shipped a non-renewing one year Premium membership gift card for use on the Site.

        A gift membership allows the recipient to purchase a new Premium Membership, upgrade his/her current Basic Membership or extend his/her current Premium Membership by one year. Using the gift membership with an automatically renewing membership will increase the membership renewal date by one year, effective at the current date of renewal. After the year has passed, the membership will continue to auto-renew using the payment method on file.

        A gift membership may only be redeemed for Premium Membership. It cannot be redeemed for cash or any other product. Lost or stolen gift memberships will only be replaced with full proof of purchase.

    2. For Residents of France

      For membership terms longer than one month, the following provisions of the French consumer code shall apply:

      Article L215-1: For service contracts having a definite term with a tacit renewal clause, the business shall inform the consumer in writing, by dedicated mail or email, at the soonest 3 months and at the latest 1 month prior to the deadline for terminating the contract of his/her ability not to renew the contract. This information shall be provided by clear and understandable terms and shall mention, within a frame, the termination deadline.

      When this information has not been provided according to the first paragraph, the consumer is entitled to freely terminate the contract any time as from the renewal date. Prepayments made after the last renewal date or, for indefinite term contracts, after the date of transformation of the definite term contract, are reimbursed within 30 days from the termination date, net of the amounts due for performance of the contract until said termination date.

      Provisions of this article apply notwithstanding articles submitting some contracts to specific rules regarding the consumer information. Article L241-3: When the business has not reimbursed the consumer in accordance with article L215-1 conditions, the outstanding sums shall bear interest at the legal rate.

  5. Premium Subscription Cancellation

    1. Stopping an auto-renewing Subscription purchased on our Site

      If you have purchased an automatically renewing Premium Membership on our Site and would like to stop the Subscription from automatically renewing, you can do so at any time by logging in to Geocaching.com, clicking the down arrow next to your username, and selecting "Settings." Click the "Membership" tab, then "Manage Premium Membership" and "Cancel Recurring Membership."

      Except if you terminate your Subscription in accordance with section 5.3 and section 6.1 below and under the limitations provided below, any amount paid prior to your cancellation will not be refunded and you will remain liable for the full Subscription fee for the applicable term.

    2. Stopping an auto-renewing Subscription purchased through Apple or Google

      If you purchased an automatically renewing Premium Membership through an App Store and would like to cancel your Subscription, you will need to do so in your Google Play or your Apple iTunes/App Store account directly. Instructions can be found here:

      Google Play (Web)/Google Play (Mobile)

      Apple iTunes/App Store

      Note: Certain Premium memberships initially purchased with PayPal prior to May 2010 may require you to cancel directly with Paypal.

    3. Withdrawal notice for residents of the EEA

      If you are a European Economic Area resident and purchased your Subscription on our Site, you can change your mind and cancel your Subscription to the Services, without giving any reason. Please see more detailed information below.

      1. Right of withdrawal

        You have the right to withdraw from this contract within 14 days without giving any reason.

        The withdrawal period will expire 14 days after the day of the contract was concluded. To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement.

        To do so, you may cancel your Subscription during the withdrawal Period by sending us a message using Help Center and selecting the topic “Payment Questions” and subtopic “Request a Refund”. You may also print and fill out the withdrawal form provided here. We will communicate receipt of such a withdrawal via email without delay.

        To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

      2. Effects of withdrawal

        If you withdraw from the contract for a Subscription purchased on our Site, we will reimburse the payment we received from you, without undue delay and in any event not later than 14 days from the day on which we are validly informed about your withdrawal. We will reimburse you using the same means of payment you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

  6. Refunds

    Please note that the Refund policy below applies regardless, and without prejudice, of the legal withdrawal right as provided for in section 5.3 of these Terms.

    1. Premium Membership Subscription purchased on the Site or through Google Play

      1. Yearly or quarterly Subscription

        If you wish to receive a refund, you must cancel your Subscription no more than thirty (30) days after your purchase or your renewal date by emailing us. We will terminate your Premium Membership at the time of refund, which shall occur at the latest one week after your cancellation, and your account will revert to Basic Membership. We will refund your payment method on file in the amount of the most recently purchased Subscription including all taxes.

      2. Monthly Subscription

        If you wish to receive a refund, you must cancel your Subscription within fourteen (14) days of your initial purchase by emailing us. If you cancel during that initial fourteen (14) day time period, we will refund your payment method on file the first monthly Premium Membership fee, including all taxes, and your account will revert to Basic Membership. If you choose to cancel your subscription beyond the fourteen (14) day time period, any amounts paid prior to your cancellation will not be refunded. Following cancellation, your Premium Membership will expire thirty (30) days from your last payment.

    2. Premium Membership Subscription purchased on Apple iTunes / Apple Store

      If you have purchased a Premium Membership subscription through the Apple iTunes, App Store, Apple's in-app purchase refund and cancellation policy applies. You may be able to find tips on requesting a refund from iTunes on the web.

    3. Subscriptions Purchased through other Subscription providers

      If you purchased your Premium Membership Subscription through another Subscription provider, such as a Geocaching distributor, please contact that party for information about refunds and cancellation.

      IMPORTANT NOTE: Subscription Fees for a Premium Membership may not be refunded if the membership has been cancelled due to a violation of our Terms of Use Agreement.

  7. Revisions

    We reserve the right to revise these Terms. Any changes we make will apply to all Subscriptions purchased or renewed after the date such change was implemented. You will be informed in advance of such changes, and must cancel your Subscription if you do not agree with the changes.

  8. Personal data

    We only process your personal data in accordance with our Privacy Policy, which is accessible here.

  9. General

    1. Governing law

      These Terms are governed by and interpreted in accordance with U.S. law unless you are EU resident. For EU residents, these Terms are governed by and interpreted in accordance with the laws of your country of residence.

    2. Severable clauses

      If any part of these Terms is found to be unenforceable, invalid or illegal, it will be treated as deleted and the remainder of the Terms will remain in full force and effect.

    3. No waiver

      To the extent we fail to or decide not to exercise any right of claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.

    4. Transfer of rights

      The agreement between us and you is personal to you and no third party is entitled to benefit under it. You agree we can transfer our rights and obligations under these Terms to any company, firm or person provided that the Service will not be reduced as a result of such a transfer. You may not transfer your rights or obligations under these Terms to anyone else.