Mobile Payment at Shell via third-party apps: General terms and conditions of use

PLEASE BE ADVISED THAT Articles 7, 11 AND 16 CONTAIN PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST Shell WILL BE RESOLVED.

1. Owner and Operator Information

1.1 The Apps are not owned nor operated by Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”). The Apps are owned and operated by various third parties as follows (together the “App Owners”):

(a) The Google Pay app is owned and operated by Google LLC, (“Google”).

(b) The Loop Neighborhood app is owned and operated by AU Energy LLC, (“AUE”).

1.2 Mobile Payment is provided by Shell in the U.S.A. and made available to Users as determined by the App Owners.

2. User Restrictions and Access

2.1 The intended audience of the Apps is determined by the App Owners. Mobile Payment within the Apps is for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. Mobile Payment should not, under any circumstances, be accessed or used by an individual while driving, and should only be used in your vehicle while parked.

2.2 In order to use certain current or future Mobile Payment functionalities of the Apps, Users may be required to create a Fuel Rewards^® account (or sign in as a Fuel Rewards^® program member) and/or link a preferred third-party payment method to the Apps.

2.3 Be aware that the use of some of the functionalities of Mobile Payment within the Apps requires access to the internet.

3. Acceptable use

3.1 Users may use Mobile Payment within the Apps as outlined in these Terms and Conditions.

3.2 Users may not:

(a) use Mobile Payment within the Apps in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms and Conditions of Use, or act fraudulently or maliciously;
(b) use Mobile Payment within the Apps in a way which could damage, disable, overburden, impair or compromise Shell’s systems or security or interfere with other users;
(c) collect or harvest any information or data from the Apps or Shell’s systems or attempt to decipher any transmissions to or from the servers running the Mobile Payment part of the Apps; or
(d) circumvent or modify any App security technology or software, without express written consent from Shell and the App Owners.

4. Shell Terms and Conditions for Mobile Payment via Third-Party Apps

4.1 User can use Mobile Payment within the Apps at participating Shell-branded retail stations in the U.S.A. Participating stations are identified in the Apps and may vary between the Apps.

4.2 To enable Mobile Payment within the Apps, you are required to create an account with the App Owners and link to your preferred third-party payment method. Transactions made using Mobile Payment within the Apps at participating stations will be charged to your preferred third-party payment method. By enabling and using Mobile Payment, you authorize all purchases made from your account via the Apps. Shell makes no representations or warranties with respect to third-party payment methods and in no event shall Shell be liable for any payment methods, products or services offered by such third parties.

4.3 Accepted payment methods for Mobile Payment within the Apps include the following, but vary between the Apps:
(a) Apple Pay: Any use of Apple Pay is subject to the Apple Pay terms and conditions which can be found here. Apple Pay is a trademark of Apple Inc.
(b) Samsung Pay: Any use of Samsung Pay is subject to the Samsung Pay terms and conditions which can be found here. Samsung Pay is a trademark of Samsung Electronics Co., Ltd.
(c) Google Pay: Any use of Google Pay is subject to the Google Pay terms and conditions which can be found here. Google Pay is a service and trademark of Google Payment Corp.
(d) Shell S Pay powered by Buy It Mobility Networks Inc (“BIM”): Any use of checking accounts through BIM is subject to the BIM terms and conditions, which can be found here. In order to participate in BIM payment services, a consumer must successfully complete an enrollment process, which requires certain personal and banking information that will be verified by BIM. BIM, upon its sole discretion, shall determine whether a consumer has successfully completed the enrollment process and is qualified to use BIM payment services. BIM may, at its discretion, suspend a BIM subscriber and/or a BIM merchant location from completing BIM transactions. BIM and associated marks are trademarks of Buy It Mobility Networks Inc.

5. Fuel Rewards® Program Terms and Conditions and Current Fuel Rewards® Offers

5.1 The Fuel Rewards® program is owned and operated by Excentus Corporation. Any use of the Fuel Rewards^® program will also be subject to the Fuel Rewards^® Program Terms and Conditions, which can be found at https://www.fuelrewards.com/fuelrewards/terms.html and require consent to the Excentus Corporation Privacy Policy which can be found at https://www.fuelrewards.com/privacy.html.

5.2 To enable the ability to earn and redeem your Fuel Rewards^® savings as part of Mobile Payment within the Apps, you must create a Fuel Rewards^® account or have an active Fuel Rewards^® account, and link your Fuel Rewards^® account to your App account using either of the following:

(a) your Fuel Rewards^® user name and password; or

(b) your Fuel Rewards® alt ID.

5.3 All Fuel Rewards^® savings associated with Mobile Payment in the Apps detailed in Article 5 of these Terms and Conditions of Use (the “Current Offers”) are subject to the terms of this Clause 5.3. Savings are limited up to 20 gallons, per purchase, per vehicle or fraud limits placed by Shell and/or limits placed on your payment method by your financial institution, each of which may be lower. Fuel Rewards® savings must be redeemed in a single transaction. Dispenser may require a price of up to 10.9¢ per gallon. For purchases of $75 or more, please go inside to pay. Unbranded diesel and alternative fuels may not be eligible. It may not be possible to combine multiple discounts and/or rewards in a single transaction. Void where prohibited by law. Other restrictions apply. Unless specified otherwise below, information on rewards expiration and full details can be found here. Shell reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend all offers at any time.

5.4 Redeem Fuel Rewards® savings by using Mobile Payment within the Apps, your Fuel Rewards® card, or Fuel Rewards® alt ID at participating Shell stations. Certain offers may have other limits on how they are redeemed as described below.

5.5 Shell S Pay On-going Offer. Users who have a Fuel Rewards^® account and have enrolled in Shell S Pay through the Apps will save 10¢/gal when purchasing up to 20 gallons of fuel at a participating Shell station using Shell S Pay as their payment method in the Apps. This 10¢/gal includes the savings associated with your Fuel Rewards^® program Gold or Silver status. Fuel Rewards^® membership is required and is a pre-requisite to obtain 10¢/gal savings on up to 20 gallons. This savings can only be redeemed using the Apps where Shell S Pay is available as the payment method.

6. Mobile Services

The use of Mobile Payments within the Apps is free (except for the purchase amount of any completed transactions which will be charged to you according to Clause 4.3), but be aware that your Device carrier´s normal rates apply.

7. Indemnification

You agree to indemnify, defend and hold harmless Shell, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your use of Mobile Payment within the Apps on any Device or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

8. Security

If you choose or are provided with a username, password or any other piece of information as part of Shell or App Owner security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access to Mobile Payment within the Apps under your username and/or password. You are responsible for any actions that take place while using your App account or while using Mobile Payment within the Apps and Shell is not responsible for any loss that results from the unauthorized use of your username and/or password, with or without your knowledge.

9. Intellectual Property Rights (“IPR”)

9.1 All intellectual property related to facilitating Mobile Payment within the Apps (except content provided by third party companies) is owned by Shell or its licensors. All content related to Mobile Payment in the Apps (except content owned by third party companies) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (collectively, “Content”) is a collective work under applicable copyright laws and is the proprietary property of Shell. Shell reserves all of its rights in respect of the IPR contained in the Apps and in respect of the Content.

9.2 In particular, the Apps contain Shell trademarks including, but not limited to, the mark "Shell" and the Shell emblem. All Shell trademarks included on the Apps are owned by Shell or its licensors. Shell reserves all of its rights in respect of the Shell trademarks included on the Apps.

9.3 Nothing in these Terms and Conditions of Use shall be interpreted as granting to you any license of IPR owned by Shell or its licensors.

10. Data Protection and Privacy Policy

Personal details and other information relating to you provided to any Shell company through the Apps will only be used in accordance with our Privacy Policy. Please read this carefully before continuing. By using the Apps, you are consenting to use of this information in accordance with our Privacy Policy, which is incorporated into these Terms and Conditions of Use by this reference.

11. Disclaimer and Liability

11.1 You are responsible for the accuracy of the information that you enter or submit into the Apps. While Shell does its best to ensure that any information provided relating to Shell station locations or as part of Mobile Payment within the Apps is correct at the time of inclusion on the App, Shell cannot guarantee the accuracy of such information.

11.2 To the fullest extent permitted by law, SHELL PROVIDES MOBILE PAYMENT WITHIN THE APPS ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION AND USE OF MOBILE PAYMENT WITHIN THE APPS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE. YOU UNDERSTAND AND AGREE THAT YOU USE THE APPS AND MOBILE PAYMENT FUNCTIONALTY AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE AND ANY DAMAGE TO THE DEVICE THROUGH WHICH YOU ACCESS THE APP, LOSS OF DATA OR ANY OTHER HARM OF ANY KIND WHICH MAY RESULT FROM DOWNLOADING, ACCESSING OR USING THE APPS OR MOBILE PAYMENT FUNCTIONALITY.

11.3 To the fullest extent permitted by law, Shell shall under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with either your use of Mobile Payment within the Apps, or for your reliance on any information or advice contained in the Apps for:

(a) loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
(b) losses caused by business interruption;
(c) loss of goodwill or reputation;
(d) loss or corruption of data, information or software; or
(e) any indirect, special, punitive or consequential cost, expense, loss or damage suffered by you in connection with your use of the Apps or any materials posted on it, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Shell.

12. Changes to the Apps

12.1 Shell and/or the App Owners may change the format and content of Mobile Payment within the Apps at any time, including but not limited to removal of features or functionalities of Mobile Payment.

12.2 Shell may suspend the operation of Mobile Payment within the Apps, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

12.3 Updates to the Apps may be issued from time to time through App stores by the App Owners. Depending on the update, you may not be able to use all or part of Mobile Payments within the Apps until you have downloaded the latest version of the Apps and accepted any new terms.

13. Transfer of Rights

Shell may transfer its rights and obligations under these Terms and Conditions of Use to any affiliate of Shell. Any such transfer will not affect your rights or Shell’s obligations under these Terms and Conditions of Use.

14. Complaints Procedure

14.1 If you have a question or complaint about Mobile Payment within the Apps, please email SITI-MLM-Support@shell.com.

14.2 Questions or complaints about other features of the Apps (outside of Mobile Payment) should be directed to the App Owners.

15. Changes to these Terms and Conditions of Use

Shell may change these Terms and Conditions of Use at any time without notice, effective upon posting the amended Terms and Conditions of Use to the Apps. In the event that the Terms and Conditions of Use are amended, you may be asked to accept those revised Terms and Conditions of Use when you next use Mobile Payment within the Apps. Any use of the Apps thereafter will be on the basis of those revised Terms and Conditions of Use.

16. Disputes and Jurisdiction

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws of the State of Texas (excluding any conflict of law principles that would direct the application of the laws of another jurisdiction) and in the event of any dispute arising in relation to these Terms and Conditions of Use or any dispute arising in relation to Mobile Payment within the Apps, the state and federal courts in Houston, Texas will have non-exclusive jurisdiction over such dispute. BY YOUR ACCEPTANCE OF THESE Terms And Conditions Of Use, User AGREES THAT ANY CLAIMS OR DISPUTES SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.

17. Severability

Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any provision of these Terms and Conditions of Use is found to be unenforceable or unlawful for any reason, the unenforceable or unlawful provision shall have no impact on the remainder of these Terms and Conditions of Use and the remaining Clauses or sub-clauses will remain in full force and effect.