Table of Contents

  1. Section One – Terms for All Users
  2. Section Two – Terms Applicable to the Use of the 7-Eleven Hawai‘i App

Terms and Conditions of Use

Seven-Eleven Hawai‘i, Inc. (“7Eleven”) provides all information on this site (together with all content and the underlying source HTML files that implement the hypertext features, collectively this “Site”) exclusively under the following Terms and Conditions of Use and all applicable laws:

1. ACCEPTANCE OF CONTRACT TERMS

The following are terms of a legal agreement between you and 7Eleven. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including U.S. export and re-export control laws and regulations. If you do not agree to these terms, do not use this Site.

The material provided on this Site is protected by law, including, but not limited to United States Copyright and Trademark laws, and international treaties. This Site is controlled and operated by 7Eleven from its offices within the United States. 7Eleven makes no representation that materials in the Site 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 this Site 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.

Any software available from this Site is subject to the export controls of the United States of America and may not be downloaded or otherwise exported or re-exported into any country to which the United States has embargoed goods; or to anyone on the U. S. Treasury Department’s list of Specially Designated Nationals, or to any person or entity subject to such restrictions by the U. S. government.

2. OWNERSHIP, LICENSE AND RESTRICTIONS ON USE

2.1 All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Site belong to 7Eleven or by the original creator of the material. Further, all names, images, pictures, logos and icons on the Site are proprietary marks of 7Eleven or by the original creator of the material. The compilation of all content, including the look and feel of the Site, is the exclusive property of 7Eleven and is protected by U.S. copyright law. Except as may be expressly provided herein, nothing contained in this Terms and Conditions of Use or elsewhere shall be construed as conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights.

2.2 You are hereby granted a non-exclusive, non-transferable, limited license to view this Site, and to print insignificant portions of materials retrieved from this Site provided (a) it is 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 Site. Further, you may not reproduce any part of the Site.

2.3 You also may not, without the permission of 7Eleven, Inc. “mirror” any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

2.4 All submissions, suggestions, ideas, artwork, or other information (“the Submission”) communicated to 7Eleven through this Site become the property of 7Eleven. 7Eleven 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 7Eleven endeavors.

7Eleven 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. You acknowledge that you are responsible for whatever material you submit, and you not 7Eleven, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.

You agree not to: (1) post or transmit anything that is defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior; (2) submit or upload anything that violates the copyright or intellectual property rights of any person or entity; (3) post or transmit a virus or any other harmful component; and (4) contact other site users through unsolicited e-mail, telephone calls, mailings or any other method of communication. You are responsible for making sure all Submissions that you originate or require are properly backed up so you have ready access thereto in the event of loss, corruption, or interruption.

2.5 The trademarks, service marks, and logos (the “Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of 7Eleven and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner.

7Eleven aggressively enforces its intellectual property rights to the fullest extent of the law. The name of Seven-Eleven Hawai‘i, Inc., 7Eleven, Inc. or the 7Eleven logo, may not be used in any way, including in advertising or publicity pertaining to distribution of materials on this Site, without prior, written permission. 7Eleven prohibits use of the 7Eleven logo as a “hot” link to any site, including 7Eleven sites, unless establishment of such a link is approved in advance by 7Eleven in writing.

A partial list of U.S. Trademarks owned by 7Eleven follows. Any questions concerning the use of these Trademarks or whether a Trademark that does not appear on this list is a Trademark of 7Eleven should be referred to 7Eleven. 7Eleven®, 7Eleven Logo®, 7Eleven Café Cooler®, 7Eleven Convenience Card®, 7Eleven Speak Out®, 7Eleven Go-Go Taquitos & Design®, 7Eleven Travel Brew®, 7Eleven & Tri-Color Stripe Design®, 7Eleven Value+®, 7Eleven Weekend Rewards®, 1/4 Pound Big Bite®, A Good ID Is a Good Idea®, Become An E-Shopper®, Big Bite®, Big Brew®, Big Gulp®, Big Eats Bakery®, Big Eats Deli®, Big `Un®, Biggest Big Bite®, BrainFreeze®, Breakfast Bite®, Café 7Eleven®, Café Select®, Candy Gulp®, Casa Buena®, Car Gulp®, Connections From 7Eleven®, Deli Shoppe®, Dine On The Dash But Stash Your Trash®, Double Gulp®, Everyday Convenience for People on The Go®, Frostilla Vanilla®, Garden Gulp®, Gummi Gulp®, Gulp®, Heaven Sent®, ID Zone & Design®, I.Gear/7Eleven & Design®, Igear Specs®, Jalapeno Cheeseburger Big Bite®, Nutri-Heaven®, Oh Thank Heaven®, Oh Thank Heaven for 7Eleven®, Operation Chill®, Quality Classic Selection®, Santiago Cerveza De Oro®, Seed-Spittin’ Watermelon®, Slurp & Gulp®, Slurpee Infused Gum®, Slurp®, Slurpee®, Slurpee Splitz-O®, Smackin’ Sour Apple®, Splitz-O Cup Design®, Smokie Big Bite®, Snappix®, Spicy Bite®, Super-7®, Super Big Bite®, Super Big Gulp®, Super Big Gulp Plus®, Super Slurpee®, Super Slurpee Strata®, Take It & Shake It®, The Ultimate Cool®, Triple Splitz-O Cup Design®, Triple Splitz-O®, World Ovens®.

3. LINKS TO THIRD PARTY SITES

The Site may contain links to and from third party web sites for your convenience. 7Eleven has no control over the content or privacy policies of third party sites that you may link to from this Site or their advertisers. If you visit a linked site, be aware that the third-party operating any such site may have access to any information you submit via that site. 7Eleven is not responsible for any third-party’s failure to establish or abide by its privacy policy. We suggest always checking the privacy policy in each site that you visit prior to submitting any personal information. Links to third party sites do not imply that 7Eleven endorses or accepts any responsibility for the content, or the use, or the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party sites linked to this Site, you do this entirely at your own risk.

4. MODIFICATION; CHANGES TO SITE

At any time, 7Eleven may revise the terms of this Site. Revisions are effective and binding when posted on this Site. Any continued use of the Site following any revision means you agree to the revisions. 7Eleven expressly reserves the right to terminate or discontinue this Site, or your access to all or part of this Site, at any time and for any reason, with or without notice to you.

5. ACCURACY AND INTEGRITY OF INFORMATION

Although 7Eleven attempts to ensure the integrity and accurateness of 7ElevenHawaii.com, it makes no representations, warranties or guarantees whatsoever as to the correctness or accuracy of this Site and content thereon. It is possible that this Site could include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to this Site by third parties. In the event that an inaccuracy arises, please inform 7Eleven so that it can be corrected. Information contained on this Site may be changed or updated without notice. Additionally, 7Eleven shall have no responsibility or liability for information or content posted to this Site from any non-7Eleven affiliated third party.

6. ACCESS TO SITE

In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password as provided to you by 7Eleven. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. Your access to the Site may be revoked by 7Eleven at any time with or without cause. You agree to defend, indemnify and hold 7Eleven harmless from and against all third party claims, damages and expenses (including reasonable attorneys fees) against or incurred by 7Eleven arising out of your use or access of the Site, or any breach of these Terms and Conditions of Use.

7. DISCLAIMERS; LIMITATION OF LIABILITY

7.1 7Eleven 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 this Site, including but not limited to technical inaccuracies and typographical errors, (b) any third party web sites or content therein directly or indirectly accessed through links in this Site, including but not limited to any errors in or omissions contained therein, (c) the unavailability of this Site or any portion thereof, (d) your use of this Site, or (e) your use of any equipment or software in connection with this Site.

7.2 Any dealings with any third parties (including advertisers and/or sponsors) appearing on the Site, 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 the advertiser or other third party. 7Eleven is not responsible or liable to any party who participates in any such dealings, promotions or offerings.

7.3 7Eleven makes no warranty or representation, but expressly disclaims any and all warranties including, but not limited to, the implied warranties of design, merchantability, fitness for a particular purpose, or title, any warranties arising from a course of dealing, usage, or trade practice, or any warranties of non-infringement of any third party’s patent(s), trade secret(s), copyright(s) or other intellectual property rights. 7eleven will not be liable for any damages (including direct, indirect, incidental, consequential, special or punitive) arising out of or relating in any way to the site, within the site, and/or any hyperlinked web site.

7.4 7Eleven does not warrant that the operation of the site will be uninterrupted or error-free or that defects in the site will be corrected. this site, including any content or information contained within it or any site-related service, is provided, “as is.” 7eleven does not warrant the accuracy, completeness or timeliness of the information obtained through the site.

7.5 You assume total responsibility and risk for your use of this site, site-related services, and hyperlinked web sites. 7eleven does not warrant that files available for download will be free of viruses, worms trojan horses or other destructive programming. you are responsible for implementing procedures sufficient to satisfy your needs for data back up and security. you agree that 7eleven shall not be liable for any cost or damage arising directly of indirectly from any such code. you assume total responsibility and risk for your use of the site and of the internet.

7.6 No oral or written information given by 7eleven or an authorized representative of 7eleven shall create any warranty.

7.7 If you are dissatisfied with any portion of the Site, or with any of these Terms and Conditions of Use, your sole and exclusive remedy is to discontinue using the Site.

8. UNLAWFUL AND PROHIBITED USE

As a specific condition of your use of the Site, you explicitly agree not to use it for any purpose that is unlawful or prohibited by these Terms and Conditions of Use. You agree not to use the Site in any way that could damage, disable, overburden, or impair the Site, or interfere with anyone else’s use of it. You will not attempt to gain unauthorized access to 7Eleven computer systems or networks connected to 7Eleven, through hacking, password mining or any other means. You will not attempt to reverse engineer any portion of the Site or attempt to infringe the intellectual property rights of others in any way. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site.

9. GOVERNING LAW AND JURISDICTION

These Terms and Conditions of Use are governed by the laws of the State of Hawai‘i, U.S.A., without regard to Hawai‘i conflict of laws provisions. By using the Site you irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in Honolulu, Hawai‘i for all disputes arising out of or relating to the use of the Site. 7Eleven makes no representation that the contents of the Site are appropriate or available for use in other locations, and those who choose to access this Site from other locations are solely responsible for compliance with their local laws.

10. INDEMNITY

You specifically agree to indemnify and hold harmless 7Eleven, its parent, affiliates, stockholders, officers and employees, from any claim, demand or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Site.

11. PRODUCT AND SERVICE AVAILABILITY

This Site contains references and information about 7Eleven products and services that may be limited by individual store participation in the United States and Canada only or Hawai‘i only.

12. ENTIRE AGREEMENT; SEVERABILITY

These Terms and Conditions of Use incorporate by reference any notices contained on this Site and constitute the entire agreement with respect to your access to and use of this Site. If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable, then that provision shall be deemed severable from the remaining provisions and shall not affect their validity and enforceability.

13. DIGITAL MILLENNIUM COPYRIGHT ACT (“DMCA”) NOTICE

13.1  We are committed to complying with copyright and related laws, and we require all users of the Site to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Site in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate use privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.

If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the DMCA, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the alleged infringer who provided the Content in issue.

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please provide our designated agent (listed below) with the following information:

A description of the copyrighted work or other intellectual property that you claim has been infringed;

A description of where the material that you claim is infringing is located on the Site;

Your full legal name, address, telephone number, and email address;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf; and an electronic or physical signature of the owner or person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

13.2  A person that posted allegedly infringing material may make a counter notice pursuant to the procedures specified in the DMCA. When 7Eleven receive a counter notice, it may reinstate the material in question. To provide a counter notice to us, please provide the following information to our designated agent (listed below) with the following information:

A description of the material that has been removed or to which access has been disabled on the Site and the location at which the material appeared before it was removed or access to it was disabled;

Your full legal name, address, telephone number and email address:

A statement by you, made under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;

A statement by you that you consent to the jurisdiction of the state or federal courts located in Dallas, Texas, and that you will accept service of process from the complaining party who notified us of the alleged infringement or an agent of such person; and

Your electronic or physical signature.

13.3  Our designated agent (i.e., the proper party) to whom you should address such notices of claims of copyright infringement and such counter notices can be reached as follows:

By E-Mail:
info@7elevenhawaii.com
Subject line: DMCA

By Mail:
Seven-Eleven Hawai‘i, Inc.
Attn: Human Resources Manager
1755 Nu‘uanu Avenue, 2nd Floor
Honolulu, HI 96817

IF YOU DO NOT AGREE WITH ANY PORTION OF THESE TERMS AND CONDITIONS OF USE, YOU MUST IMMEDIATELY TERMINATE YOUR USE OF THIS SITE.


Terms and Conditions of Use of the 7-eleven Hawai‘i App

Terms & Conditions

Last Updated: May 31, 2023

Welcome to 7-Eleven Hawai‘i! 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.7ElevenHawaii.com and www.7now.7ElevenHawaii.com (the “Sites”), and your participation in our 7Rewards loyalty program (the “Program”, and together with the Sites and Apps, collectively the “Services”), which are operated by Seven-Eleven Hawai‘i, Inc., or its affiliated companies (“7-Eleven Hawai‘i”, “we”, “us”, or “our”). These Terms are important, contain legal obligations and affect your legal rights, so please read them carefully. NOTE THAT SECTION 11 OF PART ONE 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 11 OF PART ONE, YOU MAY NOT ACCESS OR USE OUR SERVICES AND MUST IMMEDIATELY TERMINATE YOUR USE OF SERVICES.

PART ONE – TERMS FOR ALL USERS

1. ELIGIBILITY

The Services are not targeted toward or intended for use by anyone under the age of 16. 7-Eleven Hawai‘i 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 Hawai‘i does not charge to download its Apps, but standard data rates may apply.

Visit www.7now.7ElevenHawaii.com and follow the prompts to create an Account.

By creating an Account, you agree to

  1. Provide accurate, current and complete Account information,
  2. Maintain and promptly update, as necessary, your Account information,
  3. Maintain the security of your Account credentials,
  4. Be responsible for the acts or omissions of any third party who has authority to access or use your 7Rewards Digital Card or Account, including by use of the Services on your behalf, and
  5. 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.

3. PRIVACY POLICY

7-Eleven Hawai‘i’s personal information practices, including the collection, use and/or disclosure of your personal information, are governed by 7-Eleven Hawai‘i’s privacy policy located at Privacy Policy – 7-Eleven Hawai‘i (7elevenhawaii.com) which is hereby incorporated into these Terms by reference. We reserve the right to modify our privacy policy from time to time. While using the Services and from time to time, you may be asked whether or not you consent to and wish to receive marketing and other non-critical communications relating to the Services. If you agree and consent to receiving such communications from 7-Eleven Hawai‘i, you may opt-out of receiving such communications at any time as provided in our privacy policy.

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 Hawai‘i and 7-Eleven International LLC from its offices within the U.S.  7-Eleven Hawai‘i 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 Hawai‘i 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 Hawai‘i, 7-Eleven, Inc., 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 Hawai‘i, 7-Eleven Inc. or 7-Eleven International LLC 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:

  1. Use the Apps on your mobile device for your personal non-commercial use only; and
  2. View the Sites, and to print insignificant portions of materials retrieved from the Sites provided
    1. They are used only for informational, non-commercial purposes, and
    1. 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 Hawai‘i “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 Hawai‘i, all submissions, suggestions, ideas, artwork, or other information (the “Submission”) communicated to 7-Eleven Hawai‘i through the Services become the sole and exclusive property of 7-Eleven Hawai‘i. 7-Eleven Hawai‘i 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 Hawai‘i endeavors. 7-Eleven Hawai‘i 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 Hawai‘i, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright. 7-Eleven Hawai‘i reserves the right (but is not obligated) to remove or edit such content, but does not regularly review posted content. 7-Eleven Hawai‘i has the right but not the obligation to monitor and edit or remove any activity or content. 7-Eleven Hawai‘i 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 Hawai‘i, 7-Eleven, Inc. 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 Hawai‘i and 7-Eleven Inc. aggressively enforces its intellectual property rights to the fullest extent of the law. The name of 7-Eleven Hawai‘i, Seven-Eleven Hawai‘i, Inc., 7-Eleven, Inc., Slurpee or the 7-Eleven Hawai‘i 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 Hawai‘i or 7-Eleven, Inc. 7-Eleven Hawai‘i prohibits use of the 7-Eleven Hawai‘i logo as a “hot” link to any website, including 7-Eleven, Inc. sites, unless establishment of such a link is approved in advance by 7-Eleven Hawai‘i or 7-Eleven, Inc. in writing.

5. USER CONDUCT

As a specific condition of your use of any of the Services, you explicitly agree not to

  1. Use any of the Services for any purpose that is unlawful or prohibited by these Terms;
  2. 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;
  3. Attempt to gain unauthorized access to 7-Eleven Hawai‘i computer systems or networks connected to 7-Eleven Hawai‘i, through hacking, password mining or any other means;
  4. Attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way;
  5. Obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services;
  6. 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;
  7. 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
  8. 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

The Services may contain links to and from third party websites. 7-Eleven Hawai‘i has no control over the content or privacy policies of third party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. 7-Eleven Hawai‘i is not responsible for any third party’s failure to establish or abide by its or our privacy policy. We suggest always checking the privacy policy for each website that you visit prior to submitting any personal information. Links to third party websites do not imply endorsement of the websites by 7-Eleven Hawai‘i.  It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature. If you decide to access any of the third party websites linked to our Services, you do this entirely at your own risk.

7. 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 Hawai‘i 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 Hawai‘i 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.

8. 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 Hawai‘i’s Designated Agent as follows:

By Mail:
Seven-Eleven Hawai‘i, Inc.
Attn:  Human Resources Manager
1755 Nu‘uanu Avneue, 2nd Floor
Honolulu, HI 96817

By E-Mail:
info@7elevenhawaii.com
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 Hawai‘i for certain costs and damages.

9. DISCLAIMERS

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:

  1. THE PROGRAM, SERVICES, PROMOTIONAL CONTESTS, AND MATERIALS ARE FREE OF ERRORS;
  2. DEFECTS WILL BE CORRECTED; OR
  3. 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 HAWAI‘I 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 HAWAI‘I 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 HAWAI‘I 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 HAWAI‘I 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

  1. 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,
  2. 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,
  3. THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF,
  4. YOUR USE OF ANY OF THE SERVICES, OR PARTICIPATION IN ANY PROMOTIONAL CONTESTS,
  5. ANY THIRD PARTIES ENGAGED IN CONNECTION WITH ANY OF THE SERVICES, INCLUDING THE DELIVERY OF ORDERS, OR
  6. 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 HAWAI‘I 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 HAWAI‘I 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.

10. 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

  1. THE TOTAL AMOUNT YOU SPENT ON PURCHASES FROM THE APPS IN THE MOST RECENT TWELVE-MONTH PERIOD, OR
  2. IF YOU HAVE NOT PAID 7-ELEVEN HAWAI‘I, 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.

11. DISPUTE RESOLUTION; BINDING ARBITRATION

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH 7-ELEVEN HAWAI‘I 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 Hawai‘i and the United States as applicable therein, without resort to conflict of law provisions. 7-Eleven Hawai‘i 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 Hawai‘i 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 Hawai‘i agree

  1. To waive your and 7-Eleven Hawai‘i’s respective rights to have any and all Disputes arising from or related to these Terms, or the Services resolved in a court, and
  2. To waive your and 7-Eleven Hawai‘i’s respective rights to a jury trial.

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 Honolulu County, Hawai‘i and judgment on the arbitration award may be entered into by the 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 11 by writing to: Attn: Legal, 1755 Nu‘uanu Avenue, 2nd Floor, Honolulu, HI 96817. 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 HONOLULU, HAWAI‘I. Notwithstanding the foregoing, 7-Eleven Hawai‘i 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).

12. 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 Hawai‘i, without regard to conflict of law rules or principles (of 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 Hawai‘i and the United States, respectively, sitting in the State of Hawai‘i, County of Honolulu.

13. TERMINATION

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.

14. SEVERABILITY

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.

15. SURVIVAL

The following sections will survive the expiration or termination of these Terms and the termination of your 7-Eleven Hawai‘i account: (a) all defined terms and Sections 3, 4, 5, 9, 10, 11, 12, 13, 14, and 15 of Part One; (b) Sections 4.9 and 4.10 of Part Two; and (c) Section 11 of Part Three.

16. MISCELLANEOUS

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 Hawai‘i 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 Hawai‘i. 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 Hawai‘i’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 Hawai‘i.

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

1.1 Eligibility

There are no membership fees associated with the Program. The Program is open only to residents of the state of Hawai‘i who are 16 years or older and are natural persons; no corporation, trust, partnership or other entity may participate in the Program. 7-Eleven Hawai‘i 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.

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 state of Hawai‘i. You will accumulate ten (10) Points for each One-Dollar (USD$1.00) you spend on Qualifying Purchases in accordance with this section. 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 Account barcode (accessed through the 7-Eleven Hawai‘i App or mobile version of the Site 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, Post Office stamps, event tickets, rail/bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotion, 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 Hawai‘i may deduct the Points that you were awarded for that purchase.

2.2 Punch Programs

From time-to-time, 7-Eleven Hawai‘i may offer “punch” programs to earn free products in all or certain number of our stores. 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 “Punch Reward”) for a number of such products that you buy at participating 7-Eleven stores in the state of Hawai‘i when you present and scan your 7Rewards Account barcode (accessed through the 7-Eleven Hawai‘i 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, “Punches”). We reserve the right, in our sole discretion, to limit the number of transactions per day for which Punches may be awarded. 7-Eleven Hawai‘i may, in its sole discretion, modify or discontinue any Punch program at any time without notice to you.

2.3 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.

If you cancel a purchase or return a product for which you have collected Punch(es), 7-Eleven Hawai‘i may deduct the Punch(es) that you were awarded for that purchase or product.

3. REDEMPTIONS

3.1 Redeeming Point Rewards and Punches

Redemption of Point Rewards and Reward Products are subject to availability. You may only redeem Point Rewards and Reward Products at participating 7-Eleven stores in the state of Hawai‘i.  7-Eleven Hawai‘i reserves the right to change or discontinue any food or drink products, and to change the amount or kind of Point Rewards or Reward Products necessary to be eligible for redemption at any time. Once Point Rewards or Reward Products have been redeemed, they cannot be credited back to your Account. At this time, Point Rewards 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 Point Rewards or Reward Products.

If you have an Account and have properly recorded Points or Punches to your Account or converted your Points to Point Rewards or are eligible to receive a free Reward Product, there may be periods of time where your accumulated Points, Point Rewards, Punches, or Reward Products do not appear in your Account. Rest assured, such Points, Point Rewards, Punches, 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 Point Rewards with your Points

You may obtain Point Rewards with your Points, which can be redeemed for certain items or for discounts on eligible items at the time of purchase at participating 7-Eleven stores in the state of Hawai‘i. We reserve the right to add or delete products and services eligible for redemption using Point Rewards at any time, at our sole discretion, without notice. We reserve the right to add or remove the availability of any dollar-denominated discount eligible for redemption using Points at any time, at our sole discretion, without notice. For further details of items you can obtain with your Point Rewards, please log into your Account and follow the prompts to view the list of available items. Points cannot be redeemed 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, Post Office stamps, event tickets, rail/bus tickets and passes, charitable donations, gift with purchases or as may be excluded in a particular promotion, and any other items specified as exclusions from time to time (collectively, the “Excluded Items”). In order to obtain Point Rewards with your Points, follow the prompts in your Account to convert your Points into redeemable items or in-store at the register to convert your Points into discounts (each will be represented as a redeemable item in the “digital wallet” in your Account, “Point Rewards,” and together with Punch Rewards, collectively, “My Rewards”). When obtaining a Punch Reward with your Points, you must have enough Points to obtain the applicable Point Reward. POINT REWARDS MAY NOT BE USED TO OBTAIN EXCLUDED ITEMS. Once the Points you have accumulated are converted into Point Rewards, those Points will immediately be deducted from your Account, and cannot be credited back to your Account or converted into another Point Reward. You must use the same Account when converting Points to Point Rewards and cannot combine and convert Points accumulated in separate Accounts into Point Rewards.

3.3 Redeeming Punches

You may only redeem Punches for a free Reward Product at participating 7-Eleven stores in the state of Hawai‘i. You will qualify for one free Reward Product based upon the applicable number of Punches (as we may specify) you have properly recorded to your Account and/or 7Rewards Digital Card. If you have created an Account and have properly linked and recorded the applicable number of 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 Punches and cannot combine Punches accumulated in separate Accounts to redeem your free Reward Product. At this time, Punches may not be redeemed in the 7-Eleven NOW App.

4. MISCELLANEOUS

4.1 Prohibited Conduct

In addition to the restrictions you agreed to in 7-Eleven Hawai‘i’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.

4.2 Expiration

POINTS AND PUNCHES WHICH HAVE ACCUMULATED BY A PRE-ENROLLED PARTICIPANT WILL EXPIRE SIXTY (60) DAYS AFTER THE POINT OR PUNCH IS EARNED UNLESS THE 7REWARDS DIGITAL CARD OR PHONE NUMBER 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

  1. 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),
  2. PROPERLY CONVERTED POINTS IN YOUR ACCOUNT TO A MY REWARD,
  3. USED YOUR ACCOUNT TO PROPERLY EARN AND RECORD PUNCHES, OR
  4. PROPERLY REDEEMED A MY REWARD IN YOUR ACCOUNT.

IN THE EVENT THAT YOU HAVE MY REWARDS (INCLUDING POINT REWARDS AND PUNCH REWARDS) IN YOUR ACCOUNT, YOU HAVE THIRTY (30) DAYS FROM THE DATE OF CONVERSION OR EARNING TO REDEEM THOSE MY REWARDS, OTHERWISE THEY WILL EXPIRE.

4.3 Discrepancies

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 Compromised Accounts

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 Hawai‘i (e.g., via email or by posting notices on the 7-Eleven Hawai‘i 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 Hawai‘i 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 Hawai‘i 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 to withdraw your consent to such sharing, or desire to opt out of marketing and promotional communications and events, you can do so by

  1. Following the instructions in the email or other communication,
  2. Following the opt out instructions in the terms and conditions, or
  3. 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 Hawai‘i cancels the Program, it will provide at least sixty (60) days’ advance notice of the cancellation through a notification in the 7-Eleven Hawai‘i App.   You are responsible for checking the 7-Eleven Hawai‘i App and the 7Rewards section of the Site for updates about the Program. If 7-Eleven Hawai‘i 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 Hawai‘i 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 Hawai‘i 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 Digital 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 Digital Card is the property of 7-Eleven Hawai‘i and 7-Eleven International LLC and may be revoked at any time by 7-Eleven Hawai‘i in its sole discretion. Any unauthorized reproduction of the 7Rewards Digital 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 Hawai‘i 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.

4.9 Disclaimers

IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN 7-ELEVEN HAWAI‘I’S TERMS LOCATED AT Terms and Conditions – 7-Eleven Hawai‘i (7elevenhawaii.com), 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 DIGITAL 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

THE TOTAL AMOUNT YOU SPENT ON SCANNED QUALIFYING PURCHASES IN THE MOST RECENT TWELVE-MONTH PERIOD, OR

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 Other

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 Hawai‘i’s decisions in connection with this Program are final and binding. 7-Eleven Hawai‘i will not be responsible for any Internet, mobile device, computer, or communications-related failures or any events beyond the reasonable control of 7-Eleven Hawai‘i. 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 Digital 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.

The Program is subject to 7-Eleven Hawai‘i’s Privacy Policy located at Privacy Policy – 7-Eleven Hawai‘i (7elevenhawaii.com).

If you have any questions, comments or concerns about the Program or these Program Terms, you may contact us at the following address(es):

7-Eleven Hawai‘i
Attn: Customer Care
1602 Nu‘uanu Avenue, 2nd Floor; Honolulu, HI  96817

Phone: 1-808-447-7189

Email: info@7elevenhawaii.com

PART THREE – TERMS APPLICABLE TO USE OF THE 7-ELEVEN HAWAI‘I APP AND THE 7NOW WEBSITE

These terms govern the purchase and sale of Products from and by 7-Eleven Hawai‘i through the 7-Eleven Hawai‘i App and the 7NOW Website.

1. 7NOW SERVICES

7-Eleven Hawai‘i 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 Hawai‘i application (the “App”) and the 7NOW website (the “7NOW Website,” together with the App, collectively the “7NOW Service”), which give users the capability to order Products for delivery or pickup (each, an “Order”). Delivery and pickup services are limited to participating locations. All Orders placed using the 7NOW Service are subject to availability and your acceptance of these Terms. The 7NOW Service may not function fully or may not function without error.

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 7NOW 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. YOUR ACCOUNT; ACCESS TO THE 7NOW SERVICE; COMMUNICATIONS

You must have a valid, active Account to use the 7NOW 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.

To access and use the 7NOW Service, you may be required to have a verified phone number linked to your Account. If your phone number is not yet verified, the 7NOW Service may prompt you to verify your phone number by requesting your phone number and delivering to your phone number a one-time SMS text message containing a 6-digit code. You may only have one phone number tied to your Account.

By using the 7NOW Service, you consent to receiving communications from us or our third-party service providers, including informational text messages (such as for purposes of notifying you about the status of your Order, sending you reminders, facilitating secondary authentication, and providing other transactional information) to the phone number that you provide by any means, including through an automated telephone number dialing system. You represent and warrant that you are the owner of the phone number that you provide when you create an Account. Standard text messaging and data rates charged by your mobile carrier may apply to the text messages we send you, and any and all such charges, fees, taxes, or costs are your sole responsibility. You may opt out of receiving certain marketing and other non-critical communications at any time as provided in our privacy policy. Please note that unsubscribing from such texts will not prevent you from receiving texts from 7-Eleven Hawai‘i or a Delivery Service Provider (the “DSP”) regarding your Order or its delivery, unless you also text “STOP” to the number sending the Order-related messages, and even in such event, you may still receive individual texts from the DSP to enable successful delivery of your Order. You acknowledge that opting out of receiving communications may impact your use of the 7NOW Service. You agree to indemnify and hold 7-Eleven Hawai‘i harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

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 7NOW SERVICE ARE SOMETIMES DIFFERENT THAN THE PRICES, PROMOTIONS AND OFFERS THAT ARE DISPLAYED IN, OR ADVERTISED FOR, OUR 7-ELEVEN HAWAI‘I STORES. FOR EXAMPLE, SOMETIMES 7NOW SERVICE PRICES WILL BE HIGHER THAN IN-STORE. 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 7NOW 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 1-808-944-2711.

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 you 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 Hawai‘i 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 Order (including any applicable taxes and other charges). 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 “My Payment Methods”” within the 7NOW 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 7NOW Service, you may choose to store your credit / debit card information for future use. This information will not be stored by 7-Eleven Hawai‘i but by our payment processor, Stripe. This information will only be used to pay for purchases through the 7NOW Service when you choose to use the stored card.

6. DELIVERIES AND DELIVERY SERVICE PROVIDERS

Once you place your Order for delivery, 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.  7-Eleven Hawai‘i recommends that you provide a secure location where you can physically receive Orders, including from a DSP (as defined below). You agree to bear responsibility for receipt of Orders shipped to the delivery location specified at time of check out, and 7-Eleven Hawai‘i does not bear liability for any Order left unattended by you, a DSP, or otherwise.

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. 7-Eleven Hawai‘i 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. 

7-Eleven Hawai‘i may from time to time engage third-party delivery service providers to facilitate the delivery of Orders (each a “DSP”). By placing an Order for delivery, you agree that an Order may be delivered by a DSP. 7-Eleven Hawai‘i shall not be liable or responsible for any delivery services provided by DSPs. You hereby acknowledge that 7-Eleven Hawai‘i does not supervise, direct, control, or monitor a DSP’s provision of services. Any interactions or disputes between you and a DSP are solely between you and that DSP. 7-Eleven Hawai‘i shall have no liability, obligation, or responsibility for any interaction between you and any DSP.

7. CANCELLATIONS

When you place an Order on 7NOW, 7-Eleven Hawai‘i will place a hold authorization on your card for the amount of the transaction. The transaction is not processed until your Order is successfully delivered or picked up.

When an Order is cancelled in time, 7-Eleven Hawai‘i reverses the charge and releases the hold authorization. The pending charge will just drop off. Because there was nothing deducted from your account, there is nothing to ever credit back to your account upon the cancellation.

You may cancel your Order, but your eligibility to not be charged depends on the status of the Order and applicable laws and regulations.

For delivery Orders, if you have placed an Order for delivery, you cancel your Order, and the status of your Order is “in progress or ready, and a driver has not been assigned,” then your payment has not been and will not be processed. However, if you have placed an Order for delivery, you cancel your Order, and the status of the Order is either : “Order is in progress or ready, and driver has been assigned” or “Order is out for delivery and on time,” then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.

For pickup Orders, if you have placed an Order for pickup, you cancel your Order, and the status of your Order is either “Order is in progress” or “Order is ready” and the cancellation notification is received within the first 30 minutes of the submitted Order, then your payment has not been and will not be processed.

However, if you have placed an Order for pickup, you cancel your Order, and the status of your Order is “Order is ready”, but the cancel notification was received past the first 30 minutes of the submitted Order, then your payment has been processed and, subject to applicable laws and regulations, you are not eligible for a charge reversal.

8. REFUNDS

7NOW customers who receive defective or incorrect items may be eligible for refund for that particular item(s). To receive a refund, customer must contact customer service at 1-808-944-2711.

Subject to applicable laws and regulations, 7NOW customers who order an item which is not received, are eligible for refund if the non-delivered items are reported to the call center within 24 hours of the expected delivery. 7-Eleven Hawai‘i reserves the right to not issue refund upon abuse of this policy.

7-Eleven Hawai‘i and its delivery partners reserve the right to refuse delivery to a customer who

  1. is not of legal age in accordance with applicable laws and regulations;
  2. is unable to provide a valid government issued ID;
  3. if the name on the ID does not match the name on the Order; or
  4. is visibly intoxicated at the time of delivery.

If the delivery partner is unable to complete the delivery of alcohol or other age restricted products for one or more of these reasons, the customer may be charged a $20 re-stocking fee.

Refunds are not available for items when:

  1. Customers refuse delivery;
  2. Customers are not at the designated delivery location when delivery partner arrives with the Order or fails to pick up an Order within 24 hours of the Order being placed; or
  3. Subject to applicable laws and regulations, customer requests the refund more than 7 days after initial purchase (or 24 hours after non delivery of purchase).

Once the refund is approved, the amount to be refunded will be credited back to the card or payment vehicle used to make the initial purchase. The timing of your credit to be received on will depend on your card issuer’s policy. Under no circumstances will any refund be made with cash. All refunds are processed through 7NOW support and are not available at any store location.

All returns must be made within 7 days of purchase and accompanied with a receipt as proof of purchase.  Returns must be requested and processed at a 7-Eleven Hawai‘i store.  For digital purchases, returns cannot be refunded for items purchased on promotion. 

9. TAXES

We will collect applicable sales tax on Products shipped 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 7NOW Service, at a 7-Eleven Hawai‘i 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 Hawai‘i, its content provider(s) nor Product manufacturers assume any liability for inaccuracies, misstatements, or omissions. In the event of an error, whether on the 7NOW Service, at a 7-Eleven Hawai‘i 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 Hawai‘i 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 Hawai‘i 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 1-808-944-2711.

PART FOUR – TERMS APPLICABLE TO MOBILE CHECKOUT FEATURE

These Additional Terms are applicable to your use of the Mobile Checkout Feature of the 7-Eleven Hawai‘i App or the Mobile Checkout webpage (“Mobile Checkout Feature”).

1. MOBILE CHECKOUT FEATURE

The Mobile Checkout Feature enables customers to scan products at participating 7-Eleven Hawai‘i stores with their mobile devices and use a mobile payment solution to pay for the purchase of those products. Any use of the Mobile Checkout Feature is subject to the following additional terms:

You agree to accurately scan all products before checkout when using the Mobile Checkout Feature, and to pay for all products you obtain from any 7-Eleven Hawai‘i 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 Hawai‘i sales associate to make sure all items are reflected on your physical or electronic receipt.

You agree to verify your purchase by following the instructions within the 7-Eleven Hawai‘i App. Where you are required to show your confirmation screen to a store associate, you will do so prior to leaving the store. Where confirmation at a “Confirmation Station” is required, you will scan your phone on the Confirmation Station screen QR code and wait for the green confirmation signal before leaving any store. You agree to not make a copy of the Mobile Checkout confirmation screen, either by screen shot or other method.

You agree that 7-Eleven Hawai‘i sales 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 Hawai‘i sales associate calculate different totals for your purchase, the calculation confirmed by the 7-Eleven Hawai‘i sales associate will be the amount payable by you at a physical register.

You agree to fully cooperate with us and our store associates during your use of the Mobile Checkout Feature, including by providing any identification or verification required for the purchase of certain products.

2. ACCESSING AND USING THE MOBILE CHECKOUT FEATURE

7-Eleven Hawai‘i may alter, suspend, or terminate use of the Mobile Checkout Feature at any time at its discretion without notice to you. For certain large Mobile Checkout purchases, you may be asked to confirm your payment method and identity with a 7-Eleven Hawai‘i sales 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 Mobile Checkout 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 Mobile Checkout Feature, subject the applicable terms for that payment method. 7-Eleven Hawai‘i makes no warranty that such payment methods will be available or accessible at participating 7-Eleven Hawai‘i 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 Mobile Checkout Feature is lost, stolen or compromised, 7-Eleven Hawai‘i shall not be responsible for any purchases made by a third-party using a lost, stolen, or compromised mobile device. 7-Eleven Hawai‘i 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 Mobile Checkout 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 Mobile Checkout). In the event you scan an ineligible item, the Mobile Checkout 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

Registered 7Rewards members who are using the Mobile Checkout Feature in the 7-Eleven Hawai‘i App earn Points and Punches on purchases. You may also redeem for My Rewards, Reward Drinks, or Reward Products during purchases made using the Mobile Checkout Feature in the 7-Eleven Hawai‘i App. To redeem Points for a My Reward using the Mobile Checkout Feature in the 7-Eleven Hawai‘i App, 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. For users of the Mobile Checkout Feature in the 7-Eleven Hawai‘i App, prices, promotions and offers displayed in store or in the 7-Eleven Hawai‘i App will be reflected in the Mobile Checkout Feature; provided, however, that not all products are available for purchase through the Mobile Checkout Feature. For those items that are not available for purchase through the Mobile Checkout Feature, you will need to purchase at the register in order to receive the promotional price or other offer for users of the 7-Eleven Hawai‘i App.