Shell Application: General Terms and Conditions of Use (“Terms and Condition of Use”)

PLEASE BE ADVISED THAT Articles 8, 12 AND 20 CONTAIN PROVISIONS GOVERNING HOW CLAIMS YOU MAY HAVE AGAINST Shell WILL BE RESOLVED.

If you (the “User”) do not agree to these Terms and Conditions of Use, please do not access or use the App or any functionality thereof.

1. Owner and Operator Information

1.1 The App is owned and operated by Shell Information Technology International B.V., a company whose registered office is at Carel van Bylandtlaan 30, Den Haag, 2596 HR, The Netherlands (“SITI”).

1.2 The App is provided in the fifty (50) U.S. states, Washington D.C. and Puerto Rico (the “U.S.A.”) by Equilon Enterprises LLC d/b/a Shell Oil Products US (“Shell”).

1.3 For the purpose of these Terms and Conditions of Use, any reference to “Shell”, “we” or “us” may be a reference to Shell, the Shell group of companies in general, or to any one company within the Shell group of companies if no useful purpose is served by identifying that specific company.

2. User Restrictions and Access

2.1 User agrees to abide by the safe usage of the App as outlined in the application.

2.2 The App is intended for individuals who are 18 years or older or the age of majority per the applicable laws for the jurisdiction in which they are located. The App is for motorists only and may not be used by any person who is not legally entitled to drive a motor vehicle. It should not, under any circumstances, be accessed or used by an individual while driving, and should only be used in your vehicle while parked.

2.3 In order to use certain current or future functionalities of the App (including the ability to earn and redeem Fuel Rewards^® savings as outlined below), User may be required to create a Shell Pay & Save account, create a Fuel Rewards^® account (or sign in as a Fuel Rewards^® program member) and/or link your preferred third-party payment method to those accounts.

2.4 Be aware that the use of some of the functionalities of the App require access to the Internet.

3. Acceptable use

3.1 Users may:

(a) access the functions of the App which you have enabled; and
(b) print off one copy of any or all the pages of these Terms and Conditions of Use for your own personal non-commercial use.

3.2 Users may not:

(a) except as permitted above, copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), broadcast, alter or tamper with in any way or otherwise use any material contained in the App (including User Generated Content (defined herein below), unless it is your own User Generated Content that you legally post to the App or associated forum). These restrictions apply in relation to all or part of the Content (as defined below);
(b) remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from the App;
(c) without the written authorized permission of Shell, which such request should be made in accordance with provision 3.3 herein, link to the App;
(d) use the App (or any part of it) 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, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the App or any operating system;
(e) use the App in a way which could damage, disable, overburden, impair or compromise Shell’s systems or security or interfere with other users;
(f) collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running any part of the App; or
(g) change or delete any ownership notices from materials downloaded or printed from the App;
(h) circumvent or modify any App security technology or software, without express written consent from Shell.

3.3 If you wish to provide a hypertext or other link to this App, please email the SITI-MLM-Support@shell.com with details of:

(a) the URL(s) of the web page(s) from which you are proposing to link to this App; and
(b) the URL(s) of the web page(s) on this App to which you are proposing to link.

3.4 Shell may, at its sole discretion, agree to or reject any request made in accordance with Clause 3.3 above. Shell has no obligation to agree to any such request or to provide any reason for accepting or rejecting any such request.

4. Shell Terms and Conditions for Pay & Save

4.1 User's Shell Pay & Save (“Pay & Save”) account can be used to make purchases through the App on User’s mobile device and/or through various third-party platforms, at participating Shell stations in the U.S.A. Participating stations are identified in the Shell station locator which is accessible via the App. Participating Pay & Save stations can also be identified with mobile pay acceptance decals at the dispenser and on the door of the convenience store.

4.2 To enable Pay & Save within the App on your mobile device, you must create a Shell Pay & Save account and link to your preferred third-party payment method. After linking your preferred third-party payments method, transaction made using Pay & Save at participating Shell-branded retail outlets will be charged to your preferred third-party payment method. By enablingPay & Save, you authorize all purchases made from your Pay & Save account. 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 Mobile device accepted payment methods:

(a) Card on File: Any use of Card on File to manually enter your debit or credit payment cards is subject to P97 Networks, Inc. terms and conditions, which can be found here. P97 and associated marks are trademarks of P97 Networks Inc.
(b) 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.
(c) 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.
(d) 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.
(e)PayPal: Any use of PayPal is subject to the PayPal terms and conditions which can be found here. PayPal is a trademark of PayPal, Inc.

4.4 In addition to the payment methods identified in Clause 4.3, Shell branded payment methods are only available for use if you have linked an active Fuel Rewards^® account to your Shell Pay & Save account.

4.5 Mobile device accepted payment methods available only to App users who have linked to an active Fuel Rewards^® account:

(a) Shell Branded Cards: Any use of a Shell Drive for Five Card, Shell Platinum Mastercard, Shell | Fuel Rewards Card and/or Shell | Fuel Rewards MasterCard is subject to the Shell Card Terms and Conditions which can be found here.
(b) 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 Pay & Save Offers

5.1 To enable the ability to earn and redeem your Fuel Rewards^®savings as part of Pay & Save, you must create a Fuel Rewards^® account or have an active Fuel Rewards^® account, and link your Fuel Rewards^® account to your Pay & Save account (through the App using your mobile device) using your Fuel Rewards^® user name and password. 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 All Fuel Rewards^® savings associated with Pay & Save detailed in Article 5 of these Terms and Conditions of Use (the “Current Offers”) are subject to the terms of this Clause 5.2: 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 Current Offers at any time.

5.3 Redeem Fuel Rewards savings by using the Shell App on your mobile device, your Fuel Rewards card, or Alt ID at participating Shell stations. Certain Pay & Save Offers may have other limits on how they are redeemed as described below.

5.4 Mobile device Introductory Offer. Users who have an active Fuel Rewards® account, enable mobile payment through the App on their mobile device and make their first purchase of a minimum of five (5) gallons of fuel using Pay & Save through the App at a participating Shell station in the U.S.A. will earn a one-time 25¢/gal off a future fuel transaction. The 25¢/gal savings will be applied in the User’s Fuel Rewards® account, and such one-time reward may be combined with other rewards in the User’s Fuel Rewards® account. 25¢/gal off a future fuel transaction promotion may expire without notice, while supplies last. Other restrictions may apply.

5.5 Mobile device Continued Use Offer. Users who have an active Fuel Rewards^®account, enable mobile payment through the App on their mobile device and make one (1) fuel purchase of a minimum of five (5) gallons (“First Purchase Date”) and then make three (3) additional fuel purchases of a minimum of five (5) gallons each within 30 days of the First Purchase Date at a participating Shell station in the U.S.A. with the Pay & Save function of the App will earn 5¢/gal off a future fuel transaction. The 5¢/gal off earned towards a future fuel transaction will be applied in the User’s Fuel Rewards^® account, and such reward may be combined with other rewards in the User’s Fuel Rewards^® If the User does not make the required three (3) additional fuel purchases of a minimum of five (5) gallons each at a participating Shell station within thirty (30) days of the First Purchase Date, any purchases made during the thirty day period will be removed from the User’s purchase history for purposes of earning rewards.

5.6 Shell S Pay On-going Offer. Users who have a Fuel Rewards® account and have enrolled in Shell S Pay through the App on their mobile device 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 App on their mobile device. 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/up to 20 gallons. This savings can only be redeemed using the App on their mobile device with Shell S Pay as the payment method.

5.7 Mobile device Introductory Offer. Earn a one time 10¢/gallon instant rollback in fuel savings by downloading the Shell App, making a qualifying purchase with Apple Pay in the Shell App of at least 5 gallons of fuel up to a maximum of 20 gallons only at participating Shell stations with mobile pay enabled by 3/31. Promotion may expire without notice, while supplies last. Other restrictions may apply.

6. Mobile Services

The use of the App on your mobile device is free, but be aware that your carrier´s normal rates apply. The App contains services and features that are available to certain mobile devices. By using the App on your mobile device, you agree that we may communicate with you by electronic means to your Device and that certain information about your use of these services may be shared with us. If you change or deactivate your mobile phone number, you have to immediately update your account information to ensure that we do not send your messages to the person who acquired your old number.

7. User Generated Content

7.1. “User Generated Content”is any content such as communications, information, messages, photographs, music, videos, designs, graphics, website links, data, profiles that you and/or other App users post or otherwise make available on or through the App on your mobile device, except to the extent that such content is owned by or licensed to Shell.

7.2. You are solely responsible for your User Generated Content, your interactions with other users of the App and your activity on the App. You agree not to post any content or make any communications which may expose Shell or any of the App’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libelous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive in a sexual, racial, cultural or ethnic context or is otherwise objectionable.

7.3. You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the App. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.

7.4. Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to Shell a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

7.5. Should any part of the App offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of Shell.

7.6 Do not use the App or any functionality thereof for any commercial purpose.

7.7 Do not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation. Do not use automated scripts to collect information from this App.

7.8 Do not provide any false personal information about yourself. You confirm not to create more than one Shell account, create a Shell account on behalf of another individual, group or entity, or transfer your profile or account. Do not use or try to use another person's account, mobile phone number, username or password.

7.9 Shell reserves the right to monitor any information transmitted or received through any forum provided, and, at its sole discretion and without prior notice, to review, remove or otherwise block any material posted.

7.10 Shell has no obligation to prescreen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out prescreening, monitoring, editing or removal of User Generated Content.

8. 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 User Generated Content, your use of Content, your use of the App on any Device or any violation of these Terms and Conditions of Use, any law or the rights of any third party.

9. Security

If you choose or are provided with a username, password or any other piece of information as part of Shell’s 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 the App under your username and/or password. You are responsible for any actions that take place while using your App account or while using the App via the Device 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.

10. Intellectual Property Rights (“IPR”)

10.1 All intellectual property contained in or on the App (except for User Generated Content and content provided by third party companies) is owned by Shell or its licensors. All content in the App (except for User Generated Content and 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 App and in respect of the Content.

10.2 In particular, this App contains trademarks including, but not limited to, the mark "Shell" and the Shell emblem. All trademarks included on this App are owned by SITI or its licensors. Shell reserves all of its rights in respect of the trademarks included on this App.

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

11. Data Protection and Privacy Policy

Personal details and other information relating to you provided to any Shell company through this App will only be used by Shell in accordance with our Privacy Policy (Shell Motorist) as supplemented by the SHELL PAY & SAVE Consumer Privacy Statement (which policies are incorporated into these Terms and Conditions of Use by this reference). Please read these policies carefully before continuing. Shell reserves the right to make changes to its Privacy Policies; any such changed policies will be posted at https://www.shell.us/privacy.html and/or within this App.

12. Disclaimer and Liability

12.1 You are responsible for the accuracy of the information that you enter or submit into the App. While Shell does its best to ensure that any information provided as part of this App is correct at the time of inclusion on the App, Shell cannot guarantee the accuracy of such information.

12.2 To the fullest extent permitted by law, SHELL PROVIDES THE APP AND PAY & SAVE FUNCTIONALITY THROUGH YOUR DEVICE ON AN “AS IS” BASIS AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE OPERATION AND USE OF THE APP, 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 APP AND PAY & SAVE 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 APP OR PAY & SAVE FUNCTIONALITY.

12.3 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 this App, or for your reliance on any information or advice contained in the App 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 App 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.

13. External websites and applications

The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. Shell is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

14. Changes to/operation of the App

14.1 Shell may change the format and content of all or any part of the App at any time, including but not limited to removal of features or functionalities in the App.

14.2 Shell may suspend the operation of the App, or of certain of its features or functionalities, for support or maintenance work, in order to update the content or for any other reason.

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

15. 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.

16. Complaints Procedure

If you have a question or complaint about this App, please email SITI-MLM-Support@shell.com.

17. Severance

Each of the Clauses or sub-clauses of these Terms and Conditions of Use operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining Clauses or sub-clauses will remain in full force and effect.

18. Termination

18.1 Shell reserves the right in its sole discretion to terminate your account and/or access to the App or any functionalities thereof, delete your profile and any of your User Generated Content and/or restrict your use of all or any part of the App at any time, for any or no reason, without notice and without liability to you or anyone else. Shell also reserves the right to prevent access to the App or any of its functionalities or features.

18.2 After any line of action subject to Clause 18.1, you are not allowed to create a new account to circumvent the termination, deletion or restriction.

18.3 You understand and agree that some of your User Generated Content may continue to appear on or through the App or may persist in backup copies for a reasonable period of time even after your account and/or access to the App is terminated.

18.4 These Terms and Conditions of Use remain in effect after your account and/or access to the App is terminated.

19. 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 App. 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 the App. Any use of the App thereafter will be on the basis of those revised Terms and Conditions of Use.

20. 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 the App, 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.

21. Severability

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.