Shell App Terms of Use
Welcome and thank you for downloading the Shell App!
Please read these Terms of Use before using the Shell App ("App").
1. Owner, Provider, and You
1.1. The App is owned and operated by Shell Information Technology International B.V., a company with registered office at Carel van Bylandtlaan 30, Den Haag, 2596 HR, The Netherlands (“SITI”).
1.2. The App is provided in England and Wales by Shell U.K. Oil Products Limited (as agent for Shell U.K. Limited), registered in the United Kingdom with company number 03625633 and registered address at Shell Centre, London, SE1 7NA (“Shell”). “We”, “Us”, or “Our” – whether capitalised or not – refers to Shell.
1.3. “User”, “You”, or “Yours” – whether capitalised or not – refers to a person using the App.
2. Applicable Terms and Conditions
2.1. The App provides access to certain functionalities and tools allowing you to register and participate in Shell Programmes such as Shell GO+ Rewards Programme, Shell Recharge, Pay at Pump, and others that Shell may introduce from time to time (“Shell Programmes”). These Terms of Use take effect the moment you access and use any of the functionalities and tools in the App or register and participate in any of the Shell Programmes.
2.2. Your use of the App is governed by these Terms of Use. Your membership in a Shell Programme is also governed by the additional specific terms and conditions of such relevant Shell Programme, which are incorporated into and form part of these Terms of Use.
2.3. By using the App, you confirm that you have read, understood, and accepted these Terms of Use. If you do want to be bound by these Terms of Use, please delete the App and do not use it.
3. Licence to Use
3.1. We grant you a licence to use the App for the purpose only of accessing certain functionalities and tools which we consider necessary for your registration and participation in Shell Programmes. This licence is non-exclusive, non-transferable, non-sharable, limited and revocable by us anytime and for any reason, and subject to these Terms of Use.
3.2. You may:
3.2.1. use the App to register in a Shell Programme;
3.2.2. access certain functionalities and tools in the App, except such part which requires your membership in a particular Programme (i.e., only Shell GO+ Rewards Programme members will be able to access the functionalities related to such Programme); and
3.2.3. print off one copy of any or all of the pages for your own personal non-commercial use.
4. Prohibited Use
4.1. You must not, under any circumstances, use or access the App whilst driving.
4.2. You may not:
4.2.1. 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 all or any part of any material contained in the App (including User Generated Content, unless it is your own User Generated Content that you legally post to the App or associated forum) except as set out in the terms and conditions of your membership with a Programme.
4.2.2. remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the App;
4.2.3. link to the App, save as provided in clause 4.3 below;
4.2.4. use the App (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms 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;
4.2.5. use the App in a way which could damage, disable, overburden, impair or compromise Shell’s systems or security or interfere with other users;
4.2.6. 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;
4.2.7. change or delete any ownership notices from materials downloaded or printed from the App;
4.2.8. circumvent or modify any App security technology or software, without Shell’s express written consent.
4.3. If you wish to provide a hypertext or other link to this App, please make a request via email to SITI-MLM-Support@shell.com with details of: (i) the URL(s) of the web page(s) from which you are proposing to link to this App; and (ii) the URL(s) of the web page(s) on this App to which you are proposing to link. Shell may, at its sole discretion, agree to or reject any such request. Shell has no obligation to agree to any such request or to provide any reason for accepting to rejecting any such request.
5. User Generated Content
5.1. “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, except to the extent that such content is owned by or licensed to Shell.
5.2. 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.
5.3. By posting or submitting User Generated Content, you warrant and represent that you own or have all rights in the 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.
5.4. You agree, warrant, and represent that your User Generated Content is not confidential or proprietary, and that you have the right to grant – as you hereby 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 commercialise without any payment due to you.
5.5. Should any part of this 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.
5.6. You shall not use this App or any functionality thereof for any commercial purpose.
5.7. You shall not post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation, nor shall you use automated scripts to collect information from this App.
5.8. You shall 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. You shall not use or try to use another person's account, username or password.
5.9. 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.
5.10. Shell has no obligation to pre-screen, monitor, edit or remove User Generated Content and assumes no responsibility for User Generated Content, even where it chooses to carry out pre-screening, monitoring, editing or removal of User Generated Content.
6. Indemnification
6.1. 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 or any violation of these Terms of Use, any law or the rights of any third party.
7. Privacy Policy
The “Shell Privacy Notice” and the “Shell App Supplementary Privacy Statement” (together the “Privacy Policies”) (which form part of these Terms of Use) set out how we use your data in relation to your use of the App. By using the App, you acknowledge that you have read and understood the Privacy Policies. For any further matters regarding the processing of your personal data, please consult the Privacy Policies available at https://www.shell.co.uk/privacy/b2c-notice.html and https://www.shell.co.uk/ShellAppSupplementaryPrivacyStatement
8. Intellectual Property Rights
8.1. Shell and/or Shell Affiliates and/or the licensors of Shell or Shell Affiliates own any and all intellectual property rights (including but not limited to trademarks) contained in the App, and all other contents therein including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, and interactive features (the “Content”). You will not copy, modify, transfer, decipher, decompile, disassemble, reverse engineer, create derivative works from, or reduce to human readable form any content in the App, or permit anyone else to do so.
8.2. Shell reserves all of its rights in respect of the intellectual property rights contained in the App and in respect of the Content.
8.3. 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.
9. Account Responsibility
9.1. If you choose or are provided with a username, password, payment PIN number 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 unauthorised 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 your Device and Shell is not responsible for any loss that results from the unauthorised use of your username, password and/or payment PIN, with or without your knowledge.
9.2. Certain parts of the App are only available to users who have completed the registration process to become a registered user (each, a "Registered User"). We will treat anyone who uses your username and password (the “Account”) as "you" and we will hold you responsible for the activities on your Account. We recommend that you keep your Account in strict confidence, and that you do not share this information with anyone who might pretend to be you with respect to the use of the App. Please notify us immediately if you suspect that someone is using your Account.
9.3. Registered Users can delete their account at any time accessing the ‘Delete Account’ option in your account settings. Once you have deleted your account, you will no longer have access to the functionalities and tools in the App. We may retain certain personal data for legitimate business purposes or to comply with legal or regulatory obligations, in accordance with our Privacy Policies.
9.4. You represent and warrant to Shell that: (i) you shall not upload any virus or malicious code to the Shell App; (ii) you have the full power and authority to enter comply with these Conditions of Use and to carry out your obligations herein; and (iii) you own all rights, title, and interest in and to your data, and that you permit the access, use, and processing of your data in accordance with these Terms of Use.
9.5. 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.
10. Links to Third Party Platforms and Services
The App may contain links or references to third party platforms and services (including roaming chargers). We have no control over these other platforms and services or their content and do not assume responsibility or liability for, or endorse any content, opinions, or material available on them or that they are virus free. If you link to any third-party platform through the App, please be aware that you are doing so at your own risk. We encourage you to review any third-party platform's terms of use and privacy policy as those, and not these Terms of Use and our Privacy Policies, are applicable to your use of their platform and any information that such platform collects.
11. Optimisation
We may collect, generate from any dataset or source, compile, analyse, and otherwise use (a) statistical data related to your use of the App, and (b) other data which do not qualify as personal data. Shell uses these data to improve and optimise the performance and core functionality, accessibility, privacy, security and/or IT infrastructure efficiency of the App.
12. Mobile Services
12.1. Please be aware that the use of certain functionalities of the App requires access to the internet.
12.2. The use of the App is for free but be aware that your mobile network’s rates may apply. The App contains services and features that are available to certain mobile devices. By using this App, you agree that we may communicate with you by electronic means to your mobile 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.
13. Changes, Updates, and Cancellation
13.1. We may change the format and content of all or any part of App at any time, including but not limited to removal of features or functionalities in the App or suspend the operation for maintenance work, in order to update the content or for any other reason.
13.2. From time to time, we may automatically update the App to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to install certain updates in the App for these reasons. If you choose not to install such updates or if you opt out of automatic updates, you may not be able to continue using the App or be deprived of certain functionality.
13.3. We will use reasonable efforts to make the App available to you without significant interruption or material deviations from its applicable documentation (each, an "Error"). If the App has material Errors that are not due to scheduled downtime or as a result of events beyond our control, then we will use commercially reasonable efforts to restore the intended functionality.
13.4. We may at any time, at our sole and absolute discretion, and without need of consent from you or any prior notice: (i) suspend, cancel, or discontinue your use or access to the App; (ii) delete the App altogether; or (iii) substitute the App with any other platform.
14. Liability
14.1. To the fullest extent permitted by law, Shell disclaims for itself, and its subcontractors, service providers, and licensors all warranties, express or implied, regarding the operation and use of the App and any products accessed via the App, including without limitation, all implied warranties of title, non-infringement, quiet enjoyment, accuracy, integration, merchantability or fitness for any particular purpose, and all warranties arising from any course of dealing, course of performance or usage of trade.
14.2. You understand and agree that you use the App at your own risk and that you are solely responsible for your use and for 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.
14.3. The Shell App and the performance of Shell and Shell's subcontractors, service providers, and licensors in relation to the operation and use of the App are provided on an "as is" basis without warranty of any kind. Shell does not represent or warrant that: (i) the App or other performance obligations will meet your requirements or result in any desired outcome, or (ii) the App's operation or the delivery of services will be uninterrupted or error-free.
14.4. 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 any products accessed via the App, your use of this App, or for your reliance on any information or advice contained in the App for:
14.4.1. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
14.4.2. losses caused by business interruption;
14.4.3. loss of goodwill or reputation;
14.4.4. loss or corruption of data, information or software; or
14.4.5. any indirect, special 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.
14.5. Shell shall not be liable to you or any third party in respect of the refusal to provide fuel, fraud, negligence, act, default or omission or wilful misconduct by independent contractors (including Mobility retailers) engaged by Shell, or their employees, contractors or agents.
14.6. In no event shall Shell be held liable for any direct, indirect, incidental, special, or consequential damages of any kind or nature whatsoever, including without limitation, loss of profits or other economic loss, even if Shell has been advised of the possibility of such damages. However, in the event that Shell is held liable, Shell's total aggregate liability to you for any claims or damages arising out of these Terms of Use shall not exceed one hundred Euro (EUR 100).
14.7. Nothing in these Terms of Use shall limit or exclude Shell’s liability for death or personal injury caused by Shell’s negligence or for fraud or fraudulent misrepresentation.
15. Payments1
15.1. You will be able to set your payment preferences within the Payment Section in the Shell App. You may upload multiple payment methods and choose which method you make a payment with.
15.2. It is your responsibility to check the eligibility of your chosen payment method.
15.3. If you wish to use Apple Pay or Google Pay (as determined by Your device), you must ensure that your mobile device has the latest version of its operating system and that you accept: (i) the relevant software updates; (ii) the operating systems’ terms and conditions; (iii) wireless carrier terms and conditions; and, (iv) any other third party services or websites incorporated in Apple Payor Google Pay (as applicable).
15.4. You will not be able to use your chosen payment methods if it has expired, reported stolen by your bank, or is no longer eligible for use for any reason. It is your responsibility to check whether your chosen method of payment is valid.
16. Payment Card Data Usage
16.1. If you use Apple Payor Google Pay, neither Shell nor its payment service provider (if applicable) will collect, store or process your card details when you use the Shell App. The normal payment process for Apple Payor Google Pay shall apply.
16.2. The details of your authorised debit or credit cards you add to the Shell App shall be collected, stored and processed by Shell’s payment service provider who processes your payments when you use the Shell App.
16.3. When you use credit or debit cards to pay, your payment card information, such as credit or debit card numbers, expiration dates, cardholder names, will be collected when you make a purchase via the Shell App. This information is used solely for processing your transactions.
16.4. Your payment card information is securely stored using industry-standard encryption methods. Shell complies with the Payment Card Industry Data Security Standard (PCI DSS) to ensure the protection of your data.
16.5. Shell may use payment service providers (including but not limited to Adyen or PayPal) to process payments from customers. These processors are PCI DSS compliant and are responsible for the secure handling of your payment information.
16.6. Your payment card information is used only to process payments for purchases you place for Shell products, e.g fuel, EV charging, Car wash, and other products you can find on Shell Service stations. We do not use this information for any other purpose without your explicit consent.
16.7. Shell may use your payment card information to trigger merchant-initiated payments for payment of subscription services or to settle outstanding overdue amounts. By subscribing to our services or agreeing to our payment terms, you authorise Shell to charge your card for these purposes.
16.8. Shell shall retain your payment card information only as long as necessary to complete the transaction and for any legal or regulatory requirements. After this period, your data is securely deleted.
16.9. You have the right to access, correct, or delete your payment card information stored within the Shell App. Please contact our customer service for any such requests.
16.10. We may use your payment card information to detect and prevent fraudulent transactions. This may involve sharing your data with fraud prevention agencies.
16.11. Shell Card holders may be subject to separate contractual terms and conditions. The use of the Shell Card is governed by the Shell Card Terms and Conditions issued as part of the Shell Card customer agreement.
17. Complaints Procedure
If you have a question or complaint about this App, please contact the customer support team using the contact details available on the Shell website at Help Centre | Shell UK.
18. Termination
18.1. Shell reserves the right in its sole discretion to terminate your account and/or access to this 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. We may terminate or suspend Your access to the App if (i) we believe you, or your use of the App violates these Terms of Use; or (ii) we decide for whatever reason that the App will be decommissioned. We may notify you that your account has been terminated or suspended, unless you have repeatedly violated these Terms of Use or we have legal or regulatory reasons preventing us from notifying you. If we terminate your account, you are not allowed to create a new account to circumvent the termination, deletion or restriction.
18.3. You may terminate your access to the App by: (i) ceasing use of the App; or (ii) terminating or deleting your account as a Registered User. Upon such termination, your license to use the App shall immediately terminate and You shall immediately stop accessing or using the App. The provisions of Terms of Use which by their nature are intended to survive expiration or termination shall survive.
18.4. 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.
19. Governing Law, Exclusive Jurisdiction
These Terms of Use be governed and construed in accordance with the laws of the England and Wales and in the event of any dispute arising in relation to these Terms of Use or any dispute arising in relation to the App the courts of England and Wales will have exclusive jurisdiction over such dispute.
20. Nature of Relationship
There is no agency, partnership, joint venture, or employer-employee relationship between you and Shell is intended or created by these Terms of Use. Neither Party shall have the power to obligate or bind the other Party.
21. Assignment
You cannot transfer or assign your rights and obligations in these Terms of Use. Shell reserves the right to assign its rights under these Terms of Use for any reason in Shell’s sole discretion.
22. Severability; Waiver
22.1. Any provision of this Agreement determined to be unenforceable or invalid by applicable law or court decision shall not render this Agreement unenforceable or invalid as a whole and, in such event, such provision shall be changed and interpreted so as to best accomplish its objectives within the limits of applicable law or court decision.
22.2. Shell’s failure to require your performance of any obligation herein shall not affect the full right to require such performance at any time thereafter. Shell’s waiver of your obligation shall not be taken or held to be a waiver of the obligation itself or of any past or subsequent violation of the same obligation.
23. Subcontracting
Shell shall be entitled to use subcontractors for the purpose of operating the App or complying with our obligations or exercising our rights under any part of these Terms of Use.
24. Entirety; Precedence.
24.1. These Terms of Use and Shell’s Privacy Policies set forth the entire terms and conditions for the use of the App, supersedes any and all oral or written agreements or terms and conditions issued prior to this.
24.2. In the event of a conflict or inconsistency between this Agreement and the Privacy Policies, the Privacy Policies shall take precedence, and such conflict and/or inconsistency shall be resolved in favour of the Privacy Policies.
25. Variation
Shell in its absolute discretion may, by any means including notification on the website, App, email, or by means of a notice on our homepage or in writing: vary, add to or delete any term of these Terms of Use (including without limitation any terms contained in written correspondence and the Privacy Policies) or impose new terms and conditions for any other Programme or online service noted in these Terms of Use (whether or not such new Programme or scheme is operated by Shell, a member of the Shell Group, or by a third party on behalf of Shell). The use of the App after notification of any variation to this Agreement or the imposition of new terms and conditions shall be deemed to be acceptance of the varied or new terms and conditions by You.