1. GENERAL AGREEMENT
We look forward to serving you as a Way+ member. If you have any questions, please contact our Customer Service. Way+ membership is subject to our Member Terms & Conditions, which may change from time to time without prior notice.
These Terms of Use govern your use of our service. As used in these Terms of Use, "Way+ Membership", "our service" or "the service" means the personalized service provided by Way for discovering and utilizing Way+ benefits, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
2. WHAT IS COVERED
2.1 Way+ membership offers multiple benefits exclusive to Way account holders.
2.2. Way+ Membership plans along with benefits are captured below:
| Benefit | Ruby | Emerald | Diamond |
|---|---|---|---|
| Hourly Parking | 1 Hour Free* | 2 Hours Free* | 3 Hours Free* |
| Carwash | 1 Free Carwash per 3 months** | 1 Free Carwash per month** | 2 Free Carwashes Per Month** |
| Personalized Concierge | Yes | Yes | Yes |
| Towing | Up to 10 Miles | Up to 50 Miles | Up to 100 Miles |
| Roadside Assistance | Yes | Yes | Yes |
* 1-hour free parking or $7.95 discount whichever is lower is applied for every redeemable 1-hour equivalent benefit
** 1 free car wash or $7.95 discount whichever is lower is applied for every redeemable free carwash benefit
2.3 Free Parking Benefits
2.3.1 Each member is eligible to get free parking benefits based on their membership tier. These benefits are applicable only if the item eligible for redemption is purchased through the Way mobile app. When the user selects to redeem parking benefit, we consider the lower of (reservation duration and minimum redeemable duration (e.g., 1-hour parking) and maximum benefit threshold), and the same is deducted from the subtotal of eligible items that are part of the cart at the time of redemption. However, we deduct minimum redeemable duration from the parking benefit balance even if the parking reservation duration is less than the minimum redeemable duration. Any redemption transaction results in the deduction of 1 or more multiples of minimum redeemable duration.
2.3.2 When all parking benefits are exhausted in a given billing period, the user must wait until the next billing period to redeem the benefits. If a Way+ benefit redeemed parking reservation is canceled, Way+ benefit would be restored. All benefits are applicable for hourly parking reservations only.
2.4 Free Carwash Benefits
2.4.1 Each member is eligible to get free carwash benefits based on their membership tier. These benefits are applicable only if the item eligible for redemption is purchased through the Way mobile app. When the user selects to redeem carwash benefit, we consider the lower redeemable benefit (e.g., free car wash) or maximum benefit threshold value (e.g., $7.95). The same is deducted from the subtotal of eligible items that are part of the cart at the time of redemption.
2.4.2 When a carwash benefit is redeemed, we deduct the minimum redeemable benefit from the carwash benefit balance. Any redemption transaction results in the deduction of 1 or more multiples of minimum redeemable benefit. When all carwash benefits are exhausted in a given billing period, the user must wait until the next billing period to redeem the benefits. If a Way+ benefit redeemed carwash booking is canceled, the Way+ benefit would be restored. All benefits are applicable for single carwash bookings only.
2.5 Free Personalized Concierge
Each member is eligible to get a free quote for auto insurance after the details required for the quote are submitted. Users can also call the number mentioned on the website to get personalized quotes after providing all the details. Please note that quotes are not constant and are likely to get updated based on various other factors. Also, note that Way doesn't guarantee a new auto insurance policy would be issued to every member.
2.6. The Way+ service, including the parking, carwash locations, is regularly updated. In addition, we continually test various aspects of our service, including our website, user interfaces, promotional features and availability of our services.
2.7 Roadside Assistance Services
Each member is eligible for Roadside Assistance Services provided by Roadside Innovation Inc. (a subsidiary of Urgent.ly Inc.). Coverage is determined by your plan level as described below:
| Emergency Road Services Includes: | Ruby | Emerald | Diamond |
|---|---|---|---|
| Towing: | |||
| Distance | Up to 10 Miles | Up to 50 Miles | Up to 100 Miles |
| Roadside Assistance: | |||
| Auto Lockout | Included | Included | Included |
| Fuel Delivery | Included | Included | Included |
| Jump Start | Included | Included | Included |
| Tire Change | Included | Included | Included |
| Winch | Included | Included | Included |
| Number of Service Events | 3 | 3 | 3 |
| Additional Reimbursement Benefits: | |||
| Ride-Hailing with Towing | Up to $25 | Up to $50 | Up to $75 |
| Auto Key Replacement | Up to $100 | Up to $175 | Up to $250 |
| Trip Interruption | Up to $750 | Up to $1,000 | Up to $1,500 |
| Traffic Court Defense | Up to $100 | Up to $150 | Up to $200 |
| Auto Theft Reward | Up to $1,000 | Up to $1,500 | Up to $2,000 |
Please see the Way + Roadside Assistance Services terms and conditions for full benefit descriptions and exclusions.
2.8 Requests for Parking, Carwash, Personal Concierge and Roadside Services are initiated in the Way App.
3. Membership
3.1 Way+ Members must be at least 18 years old. An individual will be a member on only one Membership at a time. All applications for and renewals of, Membership are subject to acceptance by Way.
3.2 Membership Renewal Policy
3.2.1 Your Way+ membership will continue until terminated. Unless you cancel your membership before your billing date, you authorize us to charge the membership fee for the next billing cycle to your Payment Method (see "Cancellation" below).
3.2.2 We will automatically renew your membership every month one day before your Membership expires. If the first renewal transaction fails, we will inform you that you need to update your payment method or fund your payment method. We retry multiple times until the expiry to renew your membership.
3.2.3 If a Member authorizes Way to automatically renew the Membership, the Member is agreeing that: (1) such Member is the authorized user of the payment method selected; (2) such Member authorizes Way to initiate charges to the Member's credit card or debits to the Member's bank account/debit card automatically (an automatic payment) for any payment method Member has on-file with Way (a) each month to pay the Member's renewal dues up the expiration of the Membership, (3) the Member's authorization will remain in effect until the Member revokes it as provided below; (4) the amount of the renewal dues may change from time to time in Way's discretion, and will be included on a billing statement or other notice sent to the Member before the date on which the dues will be charged or debited; (5) Way can cancel the Member's authorization or change these terms upon prior notice; (6) Way is authorized to obtain updated or replacement expiration dates and card numbers for the Member's credit or debit card as provided by the Member's credit or debit card issuer; and (7) Way may process the charge for your renewal dues on or up to the date the Member's monthly Membership period is set to expire.
3.3 Please use the Way App for using all features, membership benefits associated with Way+ membership plans.
3.4 You agree to use the Way+ membership, including all features and benefits associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
4. Billing, Cancellation, Refunds and Transfer Policy
4.1. Billing Cycle. Way+ Membership Plan is sold as a monthly membership subscription. The plan is paid for monthly via automatic renewal until a cancellation request occurs. The membership fee for the service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the "Profile" page. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it for up to approximately one month of service as soon as you register.
4.2. Payment Methods. To use the Way+ membership plan you must provide one or more Payment Methods. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.
You must disable the auto-renewal setting option two days before the expiry date if you'd like to cancel your Membership. If you decide to cancel your Membership or let it lapse at the end of the validity period, your Membership will be deemed terminated as of such date. If you later decide to rejoin, you will need to purchase a new Membership.
4.3. Updating your Payment Methods. You can update your Payment Methods by going to the "Profile" page in our app. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
4.4. Changes to the Price and Subscription Plans. We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 15 days following notice to you.
4.5 YOU may cancel your subscription at any time, which would be effective from the next billing cycle. Please find the cancel function for your membership within the Way website to initiate YOUR cancelation. Future payments will be canceled. YOUR benefits will continue until the end of YOUR current payment period.
4.6 You can't get refund of the Membership fee after it has been paid unless the membership program does not cover your vehicle(s). Such users can cancel their membership without any penalty or obligation anytime during the validity period. Any users who would cancel because the membership program does not cover their vehicle will be issued a full refund for the amount billed for the current billing cycle.
4.7 We may elect to cancel YOUR membership plan for any reason at any time. Future payments will be canceled, and benefits will continue until the end of YOUR current payment period.
4.8 Chargebacks may include any reasonable administrative, processing, or service fees arising from such an attempted violation or for services rendered. Members who have enrolled in auto-renewal may be charged directly using the credit card on file.
4.9 In addition, we may terminate Members for the following reasons:
4.10 Unpaid dues
4.10.1 Inappropriate or illegal conduct including but not limited to: committing or threatening violence or being abusive to our employees, partners, contractors, or other Way representatives; destroying/vandalizing the property of Way or its representatives; or misrepresenting their identity or providing false and/or misleading information at the time of enrollment or request for service;
4.11 This subscription is non-transferable. If vehicle ownership changes, please cancel this subscription or update membership with new vehicle details. Cancelation terms then apply.
4.12 For certain services, we may place a hold on funds in your card to cover any additional expenses that are not considered at the time of requesting the service. We would release the amount after deducting additional expenses (if any) in 24 hours from the time service is completed.
4.13 We reserve the right to seek reimbursement, including any reasonable administrative or processing fees, from Members for any services provided for which the Member was not eligible or entitled, or for which Member was obligated to pay at the time of service, including non-sufficient funds (NSF) checks.
5. Miscellaneous
5.1 Promotional Offers. We may from time to time offer special promotional offers, plans or memberships (“Offers”). Offer eligibility is determined by us at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Existing members may not be eligible for certain introductory Offers. We may use information such as device ID, method of payment or an account email address used with an existing or recent Way+ membership to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
5.2. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
5.3. Changes to Terms of Use and Assignment. Way may, from time to time, change these Terms of Use. We will notify you at least 15 days before such changes apply to you. We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
5.4. Electronic Communications. We will send you information relating to your account (e.g., payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration.
5.5 By accepting these Membership Terms and Conditions, you are providing us your express written permission and consent authorizing us or our agents to contact you at any phone number (including mobile, cellular, wireless, or similar devices) or email address you provide at any time, for any lawful purpose. The ways by which we may contact you include our partners, automatic telephone dialing systems (auto-dialer), prerecorded message, text/SMS messages, or email. Such lawful purposes include, but are not limited to obtaining information; activation of the membership for verification and identification purposes; account transactions or servicing related matters; suspected fraud or identity theft; collection on the Membership Account; and providing information about special products and services. You agree to pay any fee(s) or charge(s) that you may incur for incoming communications from us or outgoing communications to us, to or from any such number or email address, without reimbursement from us.
5.6 Certain restrictions apply to all services, including the availability of services in all locations.
6. Limitation of Liability
6.1 Warranties and Limitations on Liability. Way+ service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.
6.2 IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN CONDITIONS OF USE AND SALE, 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 Way+. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR Way+ MEMBERSHIP.
6.3 Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND Way AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Way agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.