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Terms of Use

Template — review before launch. Fill in the bracketed items and have counsel review, especially the cash back, disclaimer and arbitration sections.

Last updated: [DATE]

These Terms of Use govern your access to fareperks.com and your FarePerks membership, operated by [LEGAL ENTITY NAME] ("FarePerks", "we", "us"). By creating an account or using the site, you agree to these terms.

Membership

FarePerks membership is free. There is no membership fee and no purchase is required to join. You must be at least 18 and provide accurate information. You are responsible for activity under your account. We may suspend or close accounts that abuse the program, provide false information, or attempt to manipulate cash back.

What FarePerks is — and is not

FarePerks provides access to a members-only travel booking platform and a cash back program. We are not the travel supplier. Hotels, airlines, rental car companies, transfer providers and participating retailers each supply their own services under their own terms, and your booking contract is with them and/or the booking platform. Rates, availability and any on-property perks are set by the supplier and can change or sell out at any time.

Pricing and savings claims

Member rates come from closed-user-group inventory and can be higher or lower than public prices depending on the property, route, date and demand. We do not guarantee that any given rate is the lowest available anywhere. Displayed prices may exclude taxes, resort fees, baggage fees and other charges, which are disclosed before you complete a booking.

Cash back

  • Cash back is earned on eligible bookings made through the member booking portal while signed in to your account.
  • Earnings appear as pending shortly after the purchase and unlock once the supplier or retailer confirms it. Travel takes longer to confirm because trips can still be changed or cancelled.
  • Available cash back may be applied to travel bookings, spent on products offered in the member platform, or withdrawn to a bank account you verify. [Confirm withdrawal methods, processing time and any minimum with the platform, then state them here.]
  • Cancelled, refunded, disputed or fraudulent bookings do not earn cash back, and posted amounts may be reversed — including after a withdrawal request, which we may hold or offset.
  • Rates and the minimum balance required to withdraw are shown in your member account and may change with notice.
  • Cash back is personal to you and may not be sold, transferred or pooled. [State what happens to a balance when an account closes or goes inactive — and check your state's unclaimed property rules.]

Acceptable use

Don't scrape, resell or republish member rates; don't use bots or automated tools against the site; don't create duplicate accounts to game cash back; and don't book through the portal on behalf of a business reselling travel without our written agreement.

Communications

By joining you agree we may email you about your membership and send member deals and travel offers. You may unsubscribe from marketing email at any time; we will still send transactional messages about your account and bookings.

Intellectual property

The FarePerks name, logo and site content are owned by us or our licensors. Supplier names and marks belong to their respective owners and are used only to identify their services.

Disclaimers

The site and membership are provided "as is" and "as available" without warranties of any kind, express or implied, to the fullest extent permitted by law. We do not warrant that the site will be uninterrupted, error-free, or that any listing, price or availability is accurate.

Limitation of liability

To the fullest extent permitted by law, FarePerks will not be liable for indirect, incidental, consequential, special or punitive damages, or for lost profits, arising from your use of the site, your membership, or any travel booked. Our total liability for any claim will not exceed [AMOUNT, e.g. $100 or the cash back in your account].

Indemnity

You agree to indemnify and hold FarePerks harmless from claims arising out of your use of the site, your bookings, or your breach of these terms.

Changes and termination

We may modify these terms or the program at any time. Material changes will be posted here with an updated date and, where required, sent to members by email. Continued use after a change means you accept it. You may close your account at any time by contacting support.

Governing law and disputes

These terms are governed by the laws of [STATE], without regard to conflict of law rules. [Add your dispute resolution clause here — if you want binding arbitration and a class action waiver, have counsel draft it; a defective clause is worse than none.]

Contact

[LEGAL ENTITY NAME]
[ADDRESS]
support@fareperks.com