GROUNDSPEAK TERMS OF SALE
These Terms of Sale & Cancellation and Refund Policy ("Terms") are an agreement between Groundspeak, Inc. and you.
IMPORTANT NOTE: All accounts, memberships, subscriptions, purchases, and use of our Services are also subject to the Groundspeak Terms of Use. If these Terms conflict with the Groundspeak Terms of Use with respect to payment, cancellation, auto-renewal, withdrawal, or refunds for a Paid Product, these Terms will control only to the extent of that conflict.
For legal reasons, some provisions of these Terms differ for residents of certain countries. These Terms will indicate where special provisions apply.
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Who We Are
We are Groundspeak, Inc., a company incorporated under the laws of the State of Washington, USA, with a registered office at 837 N. 34th Street, Suite 300, Seattle, Washington 98103. Our contact information is available on our website. The best and fastest way to contact us is through our Help form.
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Scope of These Terms
These Terms govern purchases of paid subscriptions, memberships, gift subscriptions, gift cards, and other paid products ("Paid Products") that Groundspeak makes available through the Geocaching.com website (the "Site"), the Geocaching® mobile app, Waymarking.com, Wherigo.com, the Adventure Lab® website and mobile app, the Shop Geocaching website, MyGeocachingProfile.com, and any other Groundspeak-operated website, application, or service where these Terms are presented or linked (collectively, the "Services").
All tangible goods purchased on our merchant site, shop.geocaching.com, are subject to the Shop Geocaching Returns and Exchanges policy.
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Definitions
For purposes of these Terms:
"Basic Membership" means a free Geocaching account on the Services.
"Premium Membership" means a Subscription that provides access to Premium Benefits.
"Premium Benefits" means the paid features and content associated with Premium Membership on the Services that are not available to players with Basic Memberships and that may also be available via Geocaching Authorized API Developers, depending on the functionality of their offerings.
"Shareables" means personalized digital tokens or similar digital items that players may create, customize, distribute, receive, display, or otherwise use through the Services.
"Shareables Plan" means a Subscription that provides access to subscriber-only ShareablesTM features according to the plan level purchased.
"Subscription" means any Paid Product that renews automatically or continues for a recurring term unless cancelled (except where prohibited by applicable law).
"App Store" means Apple App Store, Google Play, or another third-party app marketplace or payment provider through which we may make Paid Products available.
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Paid Products
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Premium Membership
Premium Membership provides access to Premium Benefits. In order to access Premium Benefits, you must:
Create an account online through the Site or through the Geocaching or Adventure Lab app;
Purchase and activate a Premium Membership, unless you receive Premium Membership through a valid gift subscription, promotion, or other authorized method; and
Connect to the internet 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.
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Shareables Plans
Shareables Plans are separate from Premium Membership. A Shareables Plan does not include Premium Benefits unless we expressly state otherwise at the time of purchase.
A Shareables Plan allows you to access certain Shareables features, which may include the ability to manage and distribute Shareables to other players. We may offer different Shareables Plan levels. Each level may include different features, limits, design options, quantities, customization tools, distribution options, storage limits, management tools, or other functionality. The features included in each level will be disclosed at checkout or in the applicable product description. If you choose to upgrade to a higher plan level during your current Subscription term, you will be billed for the difference in price at the time of upgrade, but your current term duration will not change. If you choose to downgrade your plan level during your current Subscription term, the transition to the new plan level’s pricing and features will occur at the next billing cycle.
Unless expressly stated at purchase, a Shareables Plan does not guarantee that any particular Shareables design limit, template, customization option, distribution method, or feature will remain available indefinitely. We may add, remove, rotate, retire, update, or modify Shareables design limits, templates, customization options, or related features from time to time.
Shareables have no cash value, are not redeemable for money or monetary value, and do not constitute currency, stored value, cryptocurrency, NFTs, securities, property interests, or transferable assets. Except for any rights you retain in content you submit through the Services, your purchase or use of a Shareables Plan does not give you ownership rights in any Groundspeak technology, templates, designs, artwork, platform features, or other Groundspeak-provided content or functionality. Your use of Shareables is a limited right to access and use the Shareables features made available through the Services, subject to these Terms and our Terms of Use.
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System and Compatibility Requirements
The Services may not operate on certain devices and operating systems, which are detailed list of unsupported devices and browsers. Device and operating-system requirements may change subject to the provisions of Section 10 of these Terms.
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Prices, Taxes, and Payment
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Prices and Plan Levels
Prices, billing frequency, included features, plan level, taxes, renewal terms, and any material limitations for each Paid Product will be shown before you complete your purchase. Different Paid Products may have different prices, billing periods, features, limits, renewal terms, and availability.
We may offer trials, discounts, promotions, bundles, legacy pricing, regional pricing, or other special offers. Any special terms for those offers will be disclosed at checkout or in the offer details.
If you had an active Premium Membership in place as of June 6, 2023, you may be eligible for legacy pricing. This price will be displayed to you in the Geocaching app and on our Site. To maintain eligibility, you must renew your Premium Membership no more than 30 days after expiration. If you do not renew within that 30-day period, you will lose legacy eligibility and your price for a Premium Membership will revert to the then-current price.
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Direct Purchases Through the Site
To purchase a Paid Product directly from us, you must provide a current and valid payment method. You are responsible for all charges incurred in connection with your purchase, including applicable taxes. Apple Pay, Google Pay, and similar digital wallet services may allow you to pay using payment credentials stored with or made available through those services. Your use of a digital wallet may also be subject to the terms and conditions of the wallet provider and the issuer of the underlying payment method.
You authorize us and our payment processors to charge your payment method for the initial purchase, applicable taxes, and, for Subscriptions, each renewal charge until you cancel or the Subscription otherwise ends.
When we renew a Subscription, we will use the payment method currently associated with your account unless you update your payment method or another payment method is required. If your payment method is declined, expired, closed, invalid, or otherwise unavailable, your Paid Product may not renew, may be suspended, and we may terminate your Subscription in case of continued non-payment.
You can view and manage your payment methods and Subscriptions through your account settings or through the applicable management page for the Paid Product.
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Purchases Through App Stores or Other Providers
If you purchase a Paid Product through an App Store or another third-party provider, you enter into an agreement with that third party, and your purchase will be subject to that provider's terms.
If there is an inconsistency between these Terms and the applicable App Store or provider terms regarding payment, cancellation, or refunds, the App Store or provider terms will control. For example, if you purchased a Subscription through an App Store, you will need to cancel or request a refund directly through that App Store.
For clarity, using Apple Pay, Google Pay, or another digital wallet to pay for a Paid Product directly through our Site does not, by itself, mean that your purchase was made through the Apple App Store, Google Play, or another App Store. Unless the purchase is actually completed through an App Store or other third-party seller, the payment, cancellation, and refund terms for direct purchases through the Site apply.
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Gift Subscriptions, Gift Cards, and Promotions
We may offer gift subscriptions, gift cards, promotional codes, coupons, discounts, or other offers. Each may be subject to additional terms disclosed at purchase, redemption, or in the applicable offer.
Unless expressly stated otherwise, a gift subscription, gift card, promotional code, coupon, or discount may be used only for the Paid Product or purchase type specified at the time it is issued or redeemed. It may not be redeemed for cash or transferred except where required by law.
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Subscription Term and Auto-Renewal
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Premium Membership Term
You can subscribe to Premium Membership for various term durations, which may include one year, one quarter, or one month. We sometimes experiment with different offerings, so the available term lengths may differ depending on when and where you subscribe.
Unless you purchase or receive a non-renewing Premium Membership, your Premium Membership begins when your purchase is completed and automatically renews for successive terms according to the renewal terms disclosed at checkout unless you cancel before the renewal date or unless the applicable term length has been discontinued.
If we discontinue a Premium Membership term length, your Premium Membership will not be affected during your then-current Subscription term. We will notify you within a reasonable period in advance of any such discontinuation and reserve the right to terminate your subscription in such case subject to applicable notice periods. We may offer you the option to purchase another available term.
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Charter Membership
Charter membership is a special designation for a Premium Membership purchased in the first year we offered Premium Membership and that has been consistently maintained every year since. All terms applicable to Premium Membership apply to Charter membership Subscriptions. If you renew your Charter membership Subscription more than 30 days after its expiration, you will lose the Charter designation and your membership will revert to a Premium Membership.
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Shareables Plan Term
Unless otherwise stated at checkout, Shareables Plans are annual Subscriptions. Your Shareables Plan begins when your purchase is completed and automatically renews according to the renewal terms disclosed at checkout unless you cancel before the renewal date or unless we decide not to renew your Shareables Plan. In such case, we will notify you within a reasonable period in advance that your Shareables Plan will not renew and exercise our right to terminate the contract.
If the plan level you purchased is discontinued, materially changed, or no longer available, your Shareables Plan will not be affected during your then-current Subscription term. We will notify you within a reasonable period in advance of any such discontinuation or change and reserve the right to terminate your Subscription in subject to applicable notice periods.
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Effect of Cancellation During a Subscription Term
Unless otherwise stated in these Terms, cancellation of a Subscription stops future renewal charges but does not immediately terminate access to the Paid Product for the period you already paid for. You will continue to have access until the end of the then-current paid term, unless you violate the Groundspeak Terms of Use, your account is terminated, or we are required or permitted by law to end access earlier. This does not apply if you request a refund or exercise your statutory right of withdrawal as outlined in these terms.
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Managing or Cancelling a Subscription
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Cancelling a Direct Subscription Purchased Through Our Site
If you purchased a Subscription directly from us and would like to stop it from automatically renewing, you may cancel future renewals at any time, for example, through your account settings or through the cancellation mechanism we make available for that Paid Product.
Unless you terminate your Subscription in accordance with the withdrawal or refund provisions below, any amount paid before cancellation will not be refunded and you will remain responsible for the full Subscription fee for the applicable term.
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Cancelling a Subscription Purchased Through an App Store
If you purchased a Subscription through an App Store or another third-party and would like to cancel it, you must cancel directly through your relevant App Store account. You will be subject to the cancellation policy of the App Store through which you purchased your Subscription.
Instructions for cancellation can be found here:
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Certain PayPal Subscriptions
Certain Premium Memberships initially purchased with PayPal before May 2010 may require you to cancel directly with PayPal.
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Withdrawal Rights for Residents of the EEA and UK
If you are a European Economic Area or United Kingdom resident and purchased an eligible Paid Product directly from us through our Site, you have a withdrawal right as set out below. This is separate from, and without prejudice to, our refund policy below.
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Right of Withdrawal
You have the right to withdraw from this contract within 14 days, without giving any reason.
The withdrawal period will expire after 14 days from the day of conclusion of the contract.
To exercise the right of withdrawal, you must inform Geocaching HQ, 837 N. 34th St, Suite 300 Seattle, Washington 98103, contact@geocaching.com, of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). You may use the below model withdrawal form, but it is not obligatory.
You may also exercise your right of withdrawal online. If you use this online function, we will send you, without undue delay, an acknowledgement of receipt of your withdrawal on a durable medium (for example, by email), including its content as well as the date and time of its submission.
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.
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Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as 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.
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Early expiration of the right of withdrawal
The right of withdrawal expires if we have begun performance of the contract for the supply of digital content not supplied on a tangible medium after you have expressly consented to the start of performance before the withdrawal period has expired and acknowledged that you thereby lose your right of withdrawal as soon as performance of the digital content supply contract begins.
If you requested to begin the performance of services during the withdrawal period you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
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Model withdrawal form
Complete and return this form only if you wish to withdraw from the contract.
To: Geocaching HQ, 837 N. 34th St, Suite 300 Seattle, Washington 98103, or at contact@geocaching.com,
I hereby give notice that I withdraw from my contract of sale of the following service :[insert name of subscription]
Ordered on:
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
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Refunds
The refund policy below applies without prejudice to any legal withdrawal right or mandatory consumer right that may apply.
IMPORTANT NOTE: A Subscription fee may not be refunded if the Subscription or account has been cancelled, suspended, or terminated due to a material violation of the Groundspeak Terms of Use for example: (a) use of the Services for any unlawful purpose or in violation of applicable law; (b) posting, uploading, or distributing content that is illegal, defamatory, infringing on third-party intellectual property rights, or otherwise prohibited under the Groundspeak Terms of Use; (c) unauthorized access to, or use of, another user's account or personal data; (d) any attempt to interfere with, disrupt, or compromise the security, integrity, or performance of the Services; (e) use of automated tools, bots, scrapers, or similar means to access or interact with the Services in violation of the Groundspeak Terms of Use; (f) engaging in fraudulent activity, misrepresentation, or deceptive conduct in connection with the Services. We may also refuse to provide a refund if you abuse our refund policy, such as repeated refund requests, fraud, or other misuse.
Before any such cancellation, suspension, or termination takes effect, we will notify you in writing, specifying the nature of the breach and providing you with a reasonable period to remedy the breach. If you fail to remedy the breach within the notice period, we may proceed with cancellation, suspension, or termination, and no refund of the Subscription fee shall be due for the remaining term. The foregoing notice and cure requirement shall not apply where the breach is of such severity that immediate action is necessary to protect the safety, security, or integrity of the Services or other users, or where required by law.
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Premium Memberships Purchased on the Site or Google Play
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Yearly or Quarterly Premium Membership
If you purchased a yearly or quarterly Premium Membership and wish to receive a refund, you must cancel and inform us of your wish no more than 30 days after your initial purchase or renewal date. We will terminate your Premium Membership at the time of refund, which will occur one week after your cancellation at the latest, and your account will revert to Basic Membership. We will refund your payment method on file in the amount of the most recently purchased Premium Membership, including applicable taxes. If you used a digital wallet like Apple Pay or Google Pay, we will refund your original payment method where possible. If we cannot refund the original payment method, we will provide the refund through another reasonable method, subject to applicable law.
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Monthly Premium Membership
If you purchased a monthly Premium Membership and wish to receive a refund, you must cancel by notifying us within 14 days of your initial purchase. If you cancel during that initial 14-day period, we will refund to your payment method on file the first monthly Premium Membership fee, including applicable taxes, and your account will revert to Basic Membership. If you used a digital wallet like Apple Pay or Google Pay, we will refund your original payment method where possible. If we cannot refund the original payment method, we will provide the refund through another reasonable method, subject to applicable law.
If you cancel your monthly Premium Membership after the initial 14-day period, amounts paid before cancellation will not be refunded. Following cancellation, your Premium Membership will expire at the end of the applicable period according to the renewal terms disclosed at checkout.
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Shareables Plans
Except as authorized by Groundspeak or required by applicable law, including the right of withdrawal set out in Section 8, Shareables Plans are nonrefundable.
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Subscriptions Purchased Through Other Providers
If you purchased a Subscription through another provider, such as one of our distributors, please contact that party for information about refunds and cancellation.
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No Cash Value; No Refund for Unused Features Except as Stated
Except as expressly stated in these Terms or required by law, unused features, unused access, unused design options, unused Shareables plan options, promotional value, discounts, credits, or partial Subscription periods are not redeemable for cash and are not refundable.
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Changes to Paid Products, Prices, and Features
We may modify Paid Products from time to time, including by adding, removing, rotating, retiring, or changing features, design options, limits, compatibility, distribution methods, pricing, levels, renewal terms, or other functionality.
We will notify you in advance of material changes that materially reduce the value of your active Subscription where required by law or where we determine notice is appropriate. If you do not agree to a material change, you may cancel your Subscription. We will not necessarily notify you of changes that result from technical improvements, security updates, bug fixes, additional or improved features, or changes that do not materially reduce the value, price, or quality of your active Subscription.
If we change the price of an auto-renewing Subscription, we will notify you within a reasonable period in advance of the price change taking effect. You will have the right to cancel your Subscription at any time before the price change takes effect. If you do not cancel your Subscription before the renewal date on which the new price applies, your Subscription will continue at the new price.
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Availability, Account Status, and Loss of Access
Paid Products are made available through the Services and may require an active account, internet access, compatible devices, and ongoing compliance with the Groundspeak Terms of Use.
If your account is suspended, terminated, deleted, or otherwise restricted, you may lose access to Paid Products, including Premium Benefits and features of your Shareables Plan, without refund except where required by law.
If your Premium Membership expires or is cancelled without refund, your account will revert to Basic Membership at the end of the paid term.
If your Shareables Plan expires or is cancelled, you will lose access to paid Shareables features at the end of the paid term. Unless we state otherwise, you may no longer be able to distribute Shareables after your Shareables Plan ends.
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Personal Data
We process personal data in accordance with our Privacy Policy.
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Revisions
We reserve the right to revise these Terms. If we revise these Terms, we will provide you with reasonable advance notice of the changes and their effective date by email using the address associated with your account. If urgent changes are required for security, safety, legal or regulatory reasons, we may not be able to provide advance notice, but we will inform you as soon as possible. We will not use this process to change any of our main performance obligations under the contract. Changes will not apply retroactively. If you do not agree with the changes, you must cancel your Subscription before the changes apply to your renewal. Your continued use of the Paid Products after receiving such notice will constitute your acceptance of the updated terms.
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General
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Governing Law
These Terms are governed by and interpreted in accordance with U.S. law unless you are an EEA resident. For EEA residents, these Terms are governed by and interpreted in accordance with the laws of your country of residence.
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Severability
If any part of these Terms is found to be unenforceable, invalid, or illegal by a court or regulatory body of competent jurisdiction, it will be treated as deleted and the remainder of these Terms will remain in effect.
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No Waiver
To the extent we fail to or decide not to exercise any right or claim against you to which we are entitled, this will not constitute a waiver of that right unless otherwise indicated to you in writing.
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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 that we can transfer our rights and obligations under these Terms to any company, firm, or person provided that the Services will not be reduced as a result of such transfer. You may not transfer your rights or obligations under these Terms to anyone else.
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