Subscription Car Wash Terms and Conditions

Last updated on January 24, 2022.

PURPOSE

Casey’s Retail Company and its affiliates and subsidiaries, (collectively “Casey’s”) offer a monthly subscription that allows guests to pay a monthly fee for car wash services at our car wash locations. The recurring monthly fee depends on the services purchased. These Terms and Conditions (“Terms”) govern your purchase of the monthly car wash services offered by Casey’s.

OVERVIEW

When you purchase one or more of our car wash plans, we need to collect personally identifying information, which is subject to our Privacy Policy incorporated herein. Please review our Privacy Policy to understand our practices.

As used in these Terms, the “service” or the “services” means the car wash services provided to you by Casey’s.

By providing Casey’s a Payment Method (defined below), and either accepting these Terms or otherwise utilizing the services, you agree that you have read and understand these Terms. If you do not agree with these Terms, cancel your plan per the procedure outlined in Section 2.4 “Cancellation by You”, and do not use the services.

1. Plans and Fees

   1. Services. Service details and fees can be found on the Casey’s app. Casey’s reserve the right to change our plans or fees in any manner and at any time as we may determine in our sole and absolute discretion, provided, however, that any material changes to your plan or any increase to your fees will take effect thirty (30) days after being posted at the impacted locations, communicated to you by text or e-mail, or posted on the Casey’s app. The services offered at each location may vary and may be affected by a variety of factors, including inclement weather, maintenance, holidays, store upgrades, governmental orders or other force majeure events.
   2. Auto-Renewal. Each car wash plan will commence with your delivery of a current, valid, accepted debit or credit card, as may be updated from time to time (“Payment Method”) to Casey’s and your acceptance of the Terms as set forth above. Your car wash plan will automatically renew monthly, such that your Payment Method will automatically be charged on a recurring monthly basis until cancelled by you or terminated by us in accordance with these Terms. You retain the right to terminate the plan without additional cost or penalty if you cancel in a timely manner as described below.
   3. Single Vehicle, Personal Use Only. Each purchased car wash plan is for a single, personal, non-commercial vehicle only. Use of your account for multiple vehicles is expressly prohibited. Commercial vehicles, including ride-sharing vehicles, taxis and limousines, are not eligible for a car wash plan.
   4. Discounted Introductory Period. If a discounted introductory period is available to you, then it will be specified at the time of purchase. The introductory period is intended to allow new and certain former guest users to try the services. As a result, the availability, duration, and any other terms for the introductory period may vary as determined by Casey’s at its sole discretion. At the expiration of any discounted introductory period, we will charge the then-current fee for your chosen plan on your next billing cycle to your Payment Method and your plan will automatically renew unless you cancel your plan prior to the end of the discounted introductory period as set forth below. We reserve the right to revoke the discounted introductory period, and charge you the then-standard fee for the plan you selected, and/or put your account on hold in the event that we determine that you are not eligible for the introductory discount.

2. Billing, Cancellation, and Refunds

   1. Payment Processing. To purchase a car wash plan, you must provide a Payment Method. You authorize us to charge the current Payment Method associated to your account for your plan(s) fees, which will be automatically charged on a monthly basis. You remain responsible for any uncollected amounts. If a payment is not successfully settled due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend or cancel your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you additional fees. Check with your Payment Method service provider for details. We have no responsibility or liability if your Payment Method is declined by your financial institution.
   2. Automatic Billing Cycle. The fee for the car wash plan you purchase, and any other charges you may incur in connection with your car wash plan, such as taxes and possible transaction fees, will be charged monthly to your Payment Method on the day of month on which you signed up for the plan. Fees are fully earned upon payment. In some cases, your payment date may change, for example if your Payment Method has not successfully settled. For plans that are purchased at the end of the month, e.g the 31st day of the month, the plan will extend up to three days into the beginning of the next month and then will be renewed on that day of the month going forward.
   3. Updating your Payment Method. Payment Methods can be updated in the Casey’s app. We may also update information on your Payment Method using information provided by the payment service providers, such as the expiration date of your Payment Method. Following any update, you authorize us to continue to charge the applicable Payment Method for each plan associated with your account.
   4. Cancellation by You; Reactivation. You must cancel a car wash plan at least 7 days before it renews in order to avoid automatic billing to your Payment Method for the applicable fee for the next monthly billing cycle. A cancelled plan will continue to have access to the car wash services through the end of its billing period. Plans can be cancelled in the Casey’s app.
   5. No Refunds. Paid fees are nonrefundable and there are no refunds or credits for partially used plan periods. Accounts with little or no usage in a given month are not entitled to refunds or credits, and no refunds will be given due to closures resulting from extreme weather conditions. Any refund, discount, or other consideration to some or all of our guests are at our sole and absolute discretion in accordance with applicable law.

3. Communications

   1. Communication Preferences. We may send you information relating to your account in electronic form only to the email address you provide. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including any requirements that such communications be in writing.
   2. Text Messages. We may communicate with you via text messages. Your carrier’s standard message rates will apply to any message. Other charges may apply. All charges are billed by and payable to your mobile service provider. Data obtained from you in connection with this text messaging service may include your mobile phone number, your carrier’s name, and the date, time and content of your messages and other information you provide to Casey’s. Casey’s may use this information to contact you with promotional messages and provide services you request from Casey’s.

4. Disclaimers of Warranties and Limitations on Liability

   1. THE CAR WASH PLANS AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND (EXPRESS OR IMPLIED). CASEY’S DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT ALL PLANS OR SERVICES WILL BE AVAILABLE AT ALL LOCATIONS.
   2. CASEY’S DOES NOT REPRESENT THAT THE SERVICES ARE SUITABLE FOR YOUR VEHICLE(S). WITHOUT LIMITING, THE GENERALITY OF SECTION 4.3 BELOW, CASEY’S SPECIFICALLY DISCLAIMS LIABILITY FOR DAMAGE TO YOUR VEHICLE(S) WITH RESPECT TO THE FOLLOWING ITEMS:
      • Bug shields
      • Non-operating power antennas
      • Loose molding, racks, etc.
      • Non factory installed accessories
      • After-market wheels
      • Other pre-existing conditions
      • All unsecured personal items
      • Driver negligence
      • Electronic running boards left down
      • Windshields
      • Automatic windshield wipers left on
   3. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL CASEY’S GENERAL STORES, INC, CASEY’S RETAIL COMPANY, CASEY’S MARKETING COMPANY, CGS STORES, LLC OR ANY OF THEIR AFFILIATES OR SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS (“CASEY’S PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CASEY’S PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CASEY’S PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU DURING THE ONE MONTH PRECEDING THE DATE THE CLAIM AROSE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE CASR WASH PLAN AND ACCESSING THE SERVICES. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THIS SECTION SHALL SURVIVE TERMINATION OR CANCELATION OF THESE TERMS.
   4. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
   5. Indemnification. You will indemnify, defend, and hold harmless the Casey’s Parties from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with (a) your misuse of the car wash(es) or the plan(s), or (b) your breach of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

5. Miscellaneous

   1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Iowa without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
   2. Feedback. Casey’s is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the Casey’s website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the car wash plan. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
   3. Changes to Terms. Casey’s may, from time to time, change these Terms. Such revisions shall be effective immediately; provided however, for existing plan accounts, changes in prices, unless otherwise stated, shall be effective the next billing cycle 30 days after being communicated to you as set forth herein.
   4. Miscellaneous. Casey’s failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if agreed to in writing by Casey’s.