TTERMS AND CONDITIONS OF THE SHELL APPLICATION & LOYALTY PROGRAM SHELL GO+

Please read these terms and conditions carefully before using this mobile application (the "Application") and subscribing to the Loyalty Program (Shell GO+). By viewing or using this Application or any of its functionalities on a portable computer, mobile phone, tablet, console or other electronic device (collectively referred to by "Devices" and individually as a "Device"), you confirm that you have read, understood and agree to be bound by these Terms and Conditions and any other applicable legislation.

If you do not agree to the Terms and Conditions, you will not have access to the Loyalty Program Shell GO+, if such a program exists in your country, and you will need to refrain from accessing or using the App or Membership Card.

1. Owner and Operator Information

1.1 The Application is owned and operated by Shell Information Technology B.V., a company with headquarters at Carel van Bylandtlaan 30, Den Haag, 2596 HR, Netherlands ("SITI").

1.2 The Application is made available in France by Shell France, having its headquarters at Tour Pacific, 11-13 Cours Valmy, 92800 Puteaux ("Shell"). This company is part of the Shell Group (« Shell Group » signifies Royal Dutch Shell plc, and any other company (including Shell, for the avoidance of doubt) which is directly or indirectly controlled by Royal Dutch Shell plc).

1.3 For the purposes of these Terms and Conditions, and when it is not useful to identify a particular company, any reference to "Shell," "we" or "our/our" generally refers to the Shell Group or any company belonging to Shell's Group of companies.

2. User Restrictions and Access

2.1 The Application and the Loyalty Program Shell GO+ is intended for motorists. Under no circumstances should the Application be consulted or used while driving.

2.2 To use some existing or future features of the Application, you may be asked to create an account or to register with your (existing) login and password in the Application or on the Shell GO+ website as a participant of the Loyalty Program.

2.3 Usage of some of the features of the Application require an Internet connection.

3. Acceptable use

3.1 You can:

(a)   access to any part of the Application (it being understood that only participants to the Loyalty Program Shell GO+ have access to the functionalities related to the Loyalty Program) and

(b)   print a copy of one or all pages for your personal and non-commercial use and as support for your personal administration.

3.2 You cannot:

(a)   copy (whether it's a print on paper, storage on any medium, or in any other way), distribute (including distribution of copies), broadcast, alter or falsify in any way or otherwise use any document contained in the Application (including User-Generated Content, unless it is your own User-Generated Content that you would have legally posted on the Application or the associated forum), other than in accordance with the terms and conditions of Clause.3.1. These restrictions apply to all or part of the Content;

(b)   remove any mention of copyright, trademark or other intellectual property notices in the original content copied or printed from the Application;

(c)   insert links to the Application;

(d)   use the Application (or any part of it) in an unlawful manner, for any unlawful purpose or in any way inconsistent with these Terms and Conditions, or act fraudulently or maliciously, for example by hacking or inserting malicious codes, including viruses or harmful data, into the Application or in any operating system, including viruses or harmful data;

(e)   use the Application in a way that can damage, disable, overload, disrupt or compromise Shell's systems or security or interfere with other users;

(f)    collect or gather any information or data from the Application or our systems or attempt to decrypt any transmissions to or from servers running any part of the Application;

(g)   modify or remove any property notice on downloaded or printed content from the Application;

(h)   bypass or modify any security technology or software of the Application, without Shell's prior written consent.

(i)     Use the Application or one of its functionalities for commercial purposes, without the explicit written consent of Shell.

3.3 To provide a hyperlink or other link to the Application, please contact us via: support.shell.frand indicate details on:

(a)   the URL of the web pages on which you want to provide a hyperlink to the Application;

(b)   on the URLs of the pages of the Application to which you would like to create a hyperlink.

3.4 Shell may, at its sole discretion, accept or reject any request made pursuant to the above Clause 3.3. Shell is under no obligation to accept any request or provide any reason for its acceptance or refusal of such request.

4. Loyalty Program Shell GO+

4.1. Upon presentation of the digital Shell GO+ card in the Application, you can obtain points at all participating Shell service stations in France, Belgium and Luxembourg, in particular:

·       You receive 1 point per whole liter of fuel. If you refuel Shell V-Power, you receive 2 points per whole liter. In addition, you receive 1 point per 1 euro of in-store purchases (not applicable when are buying alcohol, tobacco, medicines, books / magazines, phone cards and lottery items). Points are separately credited to your account instantly by default, with a maximum accidental delay of 24 hours.

·       In addition to standard points, you can receive personal offers within the Loyalty Program Shell GO+ for additional points (bonus points);

·       The personal offer you may receive must first be activated before it can be redeemed within the promotional period;

·       If you opt for additional points and if all other promotional conditions are met, the points will be credited instantly to the account associated with this personal offer by default, with a maximum accidental delay of 24 hours;

·       The personal offer is unique and valid only upon presentation of the personal digital loyalty card;

·       The personal offer is valid until the last day of the promotional period indicated in the email, on the Shell GO+ website or in the Application;• The personal offer is only valid at Shell service stations offering the indicated product or service;

·       Shell reserves the right to exclude certain Shell stations from the Loyalty Program Shell GO+ and to adjust the rules for participation in the program;

·       The Loyalty Program Shell GO+ is not valid in combination with a Shell Commercial Road Transport card or any other fuel card. Except if  you have a Shell Fleet Card, please contact your fleet manager to find out whether you can make use of the Loyalty Program Shell GO+.  Any modifications made to this paragraph will be displayed on the Application.    

·       If you have opted for a personal offer which is out of stock in the service station, please contact Shell’s Customer Service Center via the contact section in the Application or via the Shell website. Shell may decide to grant additional points in that case.

4.2 Other conditions:

·       You can redeem your registered points at participating Shell service stations for an additional fuel discount, a selection of store products or a voucher.

·       You cannot exchange the saved points for cash.

·       VAT cannot be reclaimed on the purchases made by using the points.

·       The points are valid for a period of 24 months from the date of issuance. Expiry points will be cut-off at the end of the month.

·       Points are awarded for a maximum of 150 liters and a maximum of 100 EUR shop-spent a day. Any purchases above these two daily limits will not be awarded with points.

·       If a fuel transaction is done via an in-shop pre-payment, points can not be awarded automatically due to technical reasons. Nevertheless, you can still earn your points by submitting a copy of your ticket to the Shell Customer Service Center via the contact section of the Application or via the Shell website.

·       While you can earn points in France, Belgium and Luxembourg, you can only redeem points in the country in which you have registered for the program;

·       In the event that you have forgotten your smartphone and cannot provide your digital loyalty card during the settlement of your transaction, you can still earn your points by submitting a copy of your ticket to the Shell Customer Service Center via the contact section of the Application or via the Shell website within 3 months starting on the day of the transaction.

·       Shell reserves the right to modify or terminate the Loyalty Program Shell GO+ at any time, in which case we will inform you.

Correspondence or complaints related to the Loyalty Program Shell GO+ may be sent via the contact section in the Application or via the Shell website.

5. Mobile services

5.1 The use of the Application is free, yet your operator's standard rates will apply. The Application contains services and features that are available on some portable Devices. By using the Application, you agree to communicate electronically with us through your portable Device and to share with us certain information about your use of those services. If you change or disable your contact details, you should update your account information as soon as possible, so that our messages reach the correct recipient.

5.2 Shell SmartPay let you pay for the fuel you refueled, via your smartphone. You may select the desired payment method in the Application. Then, you will be redirected to the payment application under the supplier's jurisdiction. Shell cardholders can use SmartPay if this option has been implemented by their fleet manager. Please contact your fleet manager in this regard. Other fuel cards are not compatible with SmartPay.

5.3 To use SmartPay,open SmartPay in the Application and follow the relevant instructions and start your transaction. Don't use your phone while refueling for everyone's safety.

5.4 By using the station locator in the Application or on the Shell website, you can find Shell stations, where you can pay via SmartPay.

5.5 Payment via SmartPay is possible up to an amount of 150 euros.For a Shell FleetCard, it depends on the fleet card limit set up by the respective fleet manager. There is no minimum amount.  You set the amount of the tank you want in advance. During refueling, the pump will automatically stop when this amount is reached. At the beginning of your transaction, the respective supplier of your payment request (e.g. the bank) reserves the amount of the pre-defined tank. Once this amount is available, you can refuel. Then, the amount of the actual refueling will be communicated to the supplier of your payment request/bank. If you refuel for less than the pre-defined tank amount, the remaining amount will be refunded. The refunding can take from a few minutes to a few days, depending on the banking/financial institution to which you are linked.

6. User-Generated content

6.1 "User-Generated Content" means any content, such as communications, information, messages, photographs, music, videos, patterns or drawings, graphics, links to websites, data, profiles that you and/or other users of the Application would post or otherwise make available on or through the Application, except when that such content is held or licensed to Shell.

6.2 You are solely responsible for your User-Generated Content, your interactions with other Application users, and your Application activity. You agree not to post content or make communications that may expose Shell, or any user of the Application, to any harm or liability. You agree to refrain from posting and sending User-Generated Content or links to a website that would be illegal, fraudulent, misleading, slanderous, abusive, harassing, intimidating, hateful, threatening, abusive, pornographic, sexually, racially, culturally or ethnically offensive or otherwise objectionable.

6.3 You confirm that you own or control all rights to any User-Generated Content that you post or broadcast on or through the Application. You agree not to send User-Generated Content unless you own it or have received express permission from the owner of that Content. You confirm that you will not post photos or videos of another person or show any other person without their express permission.

6.4 Your User-Generated Content is neither confidential nor exclusive. You grant Shell (and guarantee that you have the necessary rights for this purpose), a non-exclusive, non-revocable, global, transferable, free of royalties and perpetual right to the effect of using, without expensive consideration in your favor, your User-Generated Content, in any case and on any medium, existing or future, for any purpose, whether commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative works, grant sub-licenses, distribute, and sell, with no financial consideration for you.

6.5 In the event that any part of the Application offers the opportunity to join or read content from a forum, any communication posted on that forum only engages the person who posted it and should not be considered representative of Shell's point of view.

6.6 Do not use the Application or any of its functionality for commercial purposes.

6.7 Do not post User-Generated Content that could constitute "spam," "chain letter," "pyramid system" or any other form of canvassing. Do not use automated scripts to collect information from the Application.

6.8 Do not provide incorrect personal information about yourself. You confirm that you will refrain from creating more than one Shell account, that you will not create a Shell account on behalf of another person, group or entity, or sell your profile or account. Do not use or attempt to use another person's account, username or password.

6.9 Shell reserves the right to monitor any information transmitted or received through any forum that is made available, whatever it may be, and, at its sole discretion and without notice, to review, delete or otherwise block any posted content.

6.10 Shell has no obligation to moderate, monitor, edit or remove User-Generated Content and disclaims any responsibility for User-Generated Content, even if it decides to moderate, monitor, edit or delete user content.

7. Compensation

You agree to compensate, defend and protect Shell, its subsidiaries, its officers and directors, employees, agents, licensees and suppliers against any claims, losses, responsibilities, expenses, damages and costs, including, but not limited to, the legal costs arising from or relating to, in any way, your User-Generated Content, your use of the Content, your use of the App or a violation of these Terms and Conditions of Use, any legislation, or the rights of a third party.

8. Security

If you choose or receive a username, password or other information as part of Shell's security procedures, you must treat such information confidentially and must not disclose it to any third party, nor allow any unauthorized person to access the Application under your username and/or password. You are responsible for any actions that occur when using your account within the Application or when using the Application through your Device. Shell disclaims any responsibility for any loss resulting from the unauthorized use of your username and/or password, whether that use was made without your knowledge or without your knowledge.

You confirm that you will not create more than one Shell account and that you will not create a Shell account on behalf of another person, group, or entity. You also confirm that you will never transfer your profile or account. You confirm that you will never use someone else's account, username, or password.

9. Intellectual Property Rights ("IPR")

9.1 All intellectual property rights contained in or present on the Application (excluding User-Generated Content) are owned by Shell or its licensees. All content in the Application (excluding User-Generated Content), including, but not limited to, texts, software, codes, models and drawings, graphics, photographs, sounds, music, videos, interactive features and all other content (the "Content") is a collective work within the meaning of applicable copyright regulations and is exclusively owned by Shell. All IPR rights in the Application and Content are reserved by Shell.

9.2 This Application contains trademarks, including, but not limited to, the "Shell" trademark and the Shell logo. All registered trademarks included in the Application are held by SITI or its licensees. All trademark rights included in the Application are reserved by Shell.

9.3 Nothing in these Terms and Conditions shall be construed to grant you any license for IPRs held by Shell, SITI or its licensees.

10. Personal Data Protection and Privacy Policy

Personal data and other information about you, provided to any of the Shell companies through the Application, will only be processed in accordance with our Privacy Policy. Please read the following carefully before proceeding. By downloading the Application, you consent to the use of such information in accordance with our Privacy Policy, which is included in these Terms and Conditions by this reference.

11. Liability and limitation

11.1 You are responsible for the accuracy of the information entered in or sent by you to the Application. While Shell strives to ensure the accuracy of all information provided in the Application at the time of its addition to the Application, Shell cannot guarantee the accuracy of such information.

11.2 To the fullest extent permitted by applicable law, Shell rejects all guarantees, whether express or implicit, relating to the operation and use of the Application. You recognize and agree to use the Application at your own risk and to take sole responsibility for your use, any damage to the Device through which you access the Application, any data loss or any other damage, which may result from the download, access or use of the Application.

11.3 To the fullest extent permitted by applicable law, Shell may not, under any circumstances, be held liable to you, whether it is contractual liability, tort liability (including negligence), a breach of a legal or other obligation, originating in or derived from your use of this Application or your trust in the information or advice given in the Application,

(a)   loss of actual or anticipated profits, sales, savings, uses, activities, business opportunities or revenue;

(b)   losses caused by a business interruption;

(c)   loss of reputation or goodwill;

(d)   loss or corruption of data, information or software;

(e)   any cost, expense, loss, indirect damage, special or consequential damage suffered by you in connection with your use of the Application or the content posted on it, even if those costs, expenses, loss or damages were reasonably foreseeable or could reasonably have been contemplated by you and/or Shell.

11.4 Nothing in these Terms of Use shall limit or exclude Shell's liability in the event of a death or physical injury caused by Shell's negligence, deception or distorted and fraudulent presentation of facts.

12. Websites and external applications

The Application may include links to external sites or applications. When you follow these links, the website or external application may appear in full screen (in which case you'll need to use your browser's return button to return to the Application) or, in some cases, it may appear in the same frame as the Application (in which case you can return to the Application using its own navigation buttons). These links are provided to help you quickly and easily find the appropriate websites and applications, services and/or products that may be of interest to you. It is up to you to decide whether these services and/or products available through these websites or applications meet your needs. Shell disclaims any responsibility for the owners or managers of these websites or applications, the goods or services they provide or the content of their websites or applications and Shell does not give or engage in any conditions, guarantees or other terms and conditions or statements relating to such websites or applications and disclaims any liability arising from (including liability arising from a claim that this website contains a direct link to an external website or application whose content infringes the intellectual property rights of a third party).

13. Changes to Application/Operation

13.1 Shell may change the format and content of the Application, in whole or in part, including, but not limited to, the removal of features or features from the Application.

13.2 Shell may suspend the operation of the Application or some of its features or features, for support or maintenance purposes, or for the purpose of updating content or for any other reason.

13.3 App updates can be made available at any time on the Appstore or Google Play. Depending on the update, you may not be able to use the Application, in whole or in part, until you have downloaded the latest version of the Application and agreed to the new conditions, if any.

14. Transfer of rights

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

15. Complaint procedure

If you have any questions or would like to make a complaint about this Application, please use the contact form on https://support.shell.fr.

16. Divisibility of contractual provisions

Each of the clauses or sub-clauses of these Terms and Conditions of Use is self-contained. In the event that one of the latter is declared unlawful, null or void under a law, regulation or as a result of a final decision of a competent court or any competent authority, the remaining clauses and sub-clauses will retain their full effect and scope.

17. Termination

17.1 Shell reserves the right, at its sole discretion, to terminate your account and/or your access to the Application and any functionality of the Application, to delete your profile and any User-Generated Content and/or to restrict, at any time, your use of the Application, entirely or partially, with or without cause, without notice and without any liability to you or any other person. Shell also reserves the right to prevent access to the Application or any of its functionalities or features.

17.2 As a result of any action under Clause 17.1, you are not allowed to create a new account to circumvent such termination, deletion or restriction.

17.3 You acknowledge and accept that some of your User-Generated Content may continue to appear on or through the Application, as well as backup copies for a reasonable period of time, even after your account and/or access to the Application has been terminated.

17.4 These Terms of Use remain in effect after your account and/or access to the Application have been terminated.

18. Changes to these Terms and Conditions

Shell may amend these Terms and Conditions at any time and without notice, which will come into effect as soon as the amended Terms and Conditions on the Application is published. In the event of a change in the Terms and Conditions, you will be asked to accept these revised Terms and Conditions when you next use the Application. Any future use of the Application will be based on these revised Terms and Conditions.

19. Applicable law and competent jurisdiction

These Terms and Conditions are governed and must be interpreted in accordance with French law and, in the event of a dispute arising from these Terms and Conditions or Application, the courts of Paris will have non-exclusive jurisdiction over that dispute.