The Shell App

Terms & Conditions

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

Please read these Terms and Conditions of Use carefully before using any Shell application, by itself or within any other application (the “App”). By accessing or using the App or any functionality thereof, including the Shell Sky web applications, on any computer, mobile phone, tablet, console or other device (together “Devices” and each a “Device”), you confirm that you have read, understood and agreed to be bound by these Terms and Conditions of Use and any other applicable law. Moreover, if you are agreeing to these Terms and Conditions of Use on behalf of a company, an organization, or other legal entity ("Your Organization"), then (i) you represent and warrant that you have authority to act on behalf of, and to bind, Your Organization, and (ii) for all purposes in these Terms and Conditions of Use and the Privacy Policy, the term "you" means Your Organization on whose behalf you are acting.

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

These Terms and Conditions of Use must be read in conjunction (i) with other agreements into which you and Shell may enter, and (ii) with our Privacy Policy. To the extent these Terms and Conditions of Use conflict with the terms of our Privacy Policy, the terms of our Privacy Policy shall control. Similarly, to the extent these Terms and Conditions of Use conflict with the terms and conditions of any specific agreement you enter with us, the terms and conditions of such specific agreement shall control.

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 Canada by Shell Canada Products (“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 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 and as outlined in the App.

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 region for 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, you are required to create a Shell account. In order to use certain or future optional functionalities in the App related to certain loyalty programs, you may be required to create an AIR MILES® Collector account (or sign in as an AIR MILES® Collector), and/or link your Canadian Automobile Association (“CAA”), Alberta Motor Association (“AMA”) or British Columbia Automobile Association (“BCAA”) membership number in the App (as applicable), in order to access such optional functionality associated with such loyalty programs. In addition, you will also have the option to link your preferred payment to such accounts.

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

3. Acceptable use

3.1 You 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 You may not:

(a) 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) except as set out under Clause 3.1 above. These restrictions apply in relation to all or part of the Content;

(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: 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 EasyPay Terms and Conditions for Canada

4.1 Shell EasyPay (“Mobile Payment”) is accepted at participating Shell stations (“Participating Stations”) across Canada as identified in the Shell station locator, which is accessible via the App. Participating 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 Mobile Payment within the App, you must create a Shell account, sign in as an AIR MILES® Collector (optional), link your CAA Membership number (optional), and link to your preferred payment method.

4.3 Accepted Payment Methods:

• 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.
• 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.
• Card on File. Shell Canada uses third party providers (Moneris, P97) to securely store your payment card information and process payments. You understand and agree that when you register a card Shell or its third-party providers may verify that the payment card you registered is valid (This includes the use of Mastercard, Visa, American Express or UnionPay payment cards.) As far as these third parties have access to personal data in order to execute these processing’s, Shell has taken the required organizational and/or contractual measures to ensure that your personal data is exclusively processed for the purposes mentioned above and that adequate levels of protection have been implemented in order to safeguard your personal data.

4.4 Any purchase and use of Car Wash Flex Passes and 30 day Car Wash Passes within the App will also be subject to the Terms and Conditions, which can be found here. Car wash activation using the App requires use of bluetooth technology.

5. AIR MILES® Program Terms and Conditions for Canada

To enable the ability to get and use your AIR MILES® Reward Miles as part of the App, you must have an active AIR MILES® Collector account or create a new AIR MILES® Collector account and link your AIR MILES® Collector account to the App using your AIR MILES® Collector account user name and password. The AIR MILES® Reward Program is owned and operated by LoyaltyOne, Co. Any use of the AIR MILES® Reward Program will also be subject to the AIR MILES® Reward Program Terms and Conditions, which can be found here and to the AIR MILES® Reward Program Privacy Pledge found here. ® Trademarks of AM Royalties Limited Partnership under license by LoyaltyOne, Co., or its successor, Air Miles Loyalty Inc. and Shell Canada Products.

6. CAA Member Benefits Terms and Conditions for Canada

To enable the ability to obtain CAA Member Benefits in connection with your use of the App, you must have an active CAA Membership account and link your AMA, BCAA or CAA membership number in the App (as applicable). Any use of the CAA Member Benefits will also be subject to the CAA Member Benefits Terms and Conditions, which can be found here, and to the privacy policy applicable to your participating club, as follows:

Participating Club - Privacy policy

BCAA - https://www.bcaa.com/legal/privacy-policy

AMA - https://ama.ab.ca/privacy-policy

CAA Saskatchewan - https://caask.ca/privacy-policy

CAA Manitoba - https://www.caamanitoba.com/privacy

CAA South Central Ontario - https://www.caasco.com/about-our-website/privacy

CAA North & East Ontario - https://caaneo.ca/about/privacy-policy/

CAA Niagara - https://caaniagara.ca/privacy-policy

CAA Atlantic - https://www.atlantic.caa.ca/privacy-policy.html

Registered trademark owned by, and use is granted by, the Canadian Automobile Association.

7. Contests and Offers

Shell may, from time to time, launch, promote or otherwise activate various contests or offers (collectively, “Promotions” or a “Promotion”) to You through the App. Such Promotions may result in the issuance by Shell to You of certain rewards, prizes or benefits (collectively, an “Award”). By participating in a Promotion You acknowledge and expressly agree that the issuance of an Award is purely discretionary and that Your participation does not guarantee any success or particular outcome entitling You to the issuance or receipt of an Award. Neither Shell nor any third party independent Promotion organizer guarantees a particular outcome and each expressly disclaims any liability for any outcome You deem unfavourable or unsatisfactory. By participating in a Promotion You agree to abide by the outcome of that Promotion and treat it as final. By participating in a Promotion, You further agree to be bound by Promotion-specific rules or requirements as to, among other things, eligibility. Failure to comply with Promotion-specific rules or requirements may disentitle you to an Award at Shell’s sole discretion. Shell reserves the right to substitute an Award for in item of reasonably equivalent value where such an Award is unavailable in Your region.

8. End User License Agreement to the Shell Sky (For EV Users only)

8.1 EV Charging Information. Shell Sky is the platform used by Shell to provide EV charging (“Shell Sky”) and provides You with information that assists User with Your EV driving experience (collectively, "EV Charging Information") including: (i) location services to find the closest EV charger to You; (ii) information about Your charging status and experience; and (iii) means to save Your favorite charging locations. Shell Sky is not available in every location and certain functionalities may not be available to You. THE EV CHARGING INFORMATION IS BEING PROVIDED TO YOU FOR INFORMATIONAL PURPOSES ONLY AND IS NOT TO BE RELIED ON FOR ANY PURPOSES.

8.2 Charging and Payment.

a. Shell Sky Network. You are required to pay all fees applicable to Your use of any Shell Sky EV chargers (each, a "Shell Sky Charger"). Shell reserves the right to amend such fees at its sole discretion from time to time, acting reasonably. You may be able to pay such fees at the stations, via top-ups, or using other payment methods that We may make available. In order to pay such fees, You may also be required to load a minimum amount of dollar value to Your account using a credit or debit card or other payment method. Any dollar value that You load to Your account: (i) is a prepayment for the goods and services offered to You through the Shell Sky and Your payment method may not be charged until Your first attempt to make a payment; (ii) will be refunded back to Your payment method on file if You cancel Your enrollment in the Shell Sky; (iii) may be available for use through the Shell Sky after a delay from the time of loading; and (iv) is not insured by the Canadian Deposit Insurance Corporation (CDIC) and does not earn interest. Shell Sky may impose limits on the amount that You may load to Your account, and may change such limits in its sole discretion and at any time without notice to You. If You are required to pay fees to Shell Sky, then it is Your responsibility to review Your bank statements, billing statements, payment methods, and Shell Sky to ensure that payments made to Shell Sky are valid. In the event of a payment issue, You must submit the issue to Shell Sky within thirty (30) days of the charge using the contact methods set out in Section 18 (Complaints Procedure) below – if You fail to submit the issue to Us within that period, no refund may be available to You.

b. EV Roaming Network. The Shell Sky may provide You with an option to initiate EV charging and pay for charging stations from certain third-party EV charging providers (each, a "Roaming Charger") even if You are only a Shell App User. If this option is provided to You through the Shell App, then You can use the Shell App to initiate and process charging the same way You do with a Shell Sky Charger. Please be aware that although We offer You the ability to use the Shell App to initiate and process charging for Roaming Chargers, Shell does not own or operate Roaming Chargers, and additional terms and conditions may apply to Your use of the Roaming Chargers as further set forth in Section 7.3 (Links to Third Party Platforms and Services). Accordingly, Shell is unable to provide You with troubleshooting or support for Roaming Chargers.

c. Purchases. The Shell Sky will specify, at the time of Your purchase, applicable fees payment methods, and other details regarding Your order. All purchases are final and there shall be no refunds or credits except as otherwise provided in this Terms and Conditions of Use, indicated by Shell Sky in writing, or as required under applicable law. All transactions are void where prohibited by applicable law. Shell Sky may request information from You in order to confirm the purchase and the method of payment, and Our use of any such payment information that You provide shall be governed by Our Privacy Policy. If You fail to pay any amounts when due, Shell Sky reserves the right to terminate or suspend Your access to the Shell Sky or other product or service.

8.3. Links to Third Party Platforms and Services and Estimates. The Shell Sky 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 any content, opinions, or material available on them. We do not endorse the content of any third party platform, nor do We warrant that a third party platform will be free of computer viruses or other harmful code that can impact Your computer or other web-access Device. If You link to any third-party platform through the Shell Sky, 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 this Terms and Conditions of Use and Privacy Policy, are applicable to Your use of their platform and any information that such platform collects. Any estimates or projections on potential savings, rebates, incentives, or environmental impact provided by Shell Sky or third parties are for general illustrative and/or informational purposes only, may be subject to additional terms, and are not to be relied on or guaranteed.

8.4 Support Services. During the Term, Shell Sky shall use commercially reasonable efforts to make the Shell Sky available to You without significant interruption or material deviations of the Shell Sky from its applicable documentation (each, an "Error"). If the Shell Sky experiences material Errors that are not due to scheduled downtime or as a result of events beyond Shell Sky' control, then Shell Sky shall use commercially reasonable efforts to restore the intended functionality.

8.5 Grant of Rights to Use Shell Sky. Notwithstanding anything to the contrary herein, Shell, under its IPR, hereby grants to You, a limited, non-exclusive, non-transferrable, and non-sublicensable license to access and use Shell Sky as it is made available to You solely for Your personal use, and subject to Your compliance with this Terms and Conditions of Use.

8.6 Your Grant of Rights to Shell.

a. License to Your Data. You hereby grant Shell, under Your IPR, a non-exclusive, irrevocable, perpetual, sub-licensable (including to Shell’s affiliates), transferable, royalty-free, and fully paid license to use, display, publish, and reproduce Your Data for purposes of Shell performing its obligations under these Terms and Conditions of Use and otherwise providing the Shell Sky functionality, complying with federal, provincial and local law, utilities and/or government program requirements, providing related goods and services, and other business purposes. 

b. Feedback. You, under Your IPR, hereby grant to Shell a non-exclusive, perpetual, worldwide, irrevocable, royalty-free, fully paid-up, sublicensable, and transferrable license to use and exploit Your suggestions, recommendations, and ideas relating to Shell Sky or Shell's business (collectively, the "Feedback") for any and all purposes and for as long as Shell sees fit. By way of clarification, and not limitation, You agree that (i) You have no expectation of review, compensation, or other consideration for Shell’s use and exploitation of Feedback, and (ii) Shell is free to use and exploit the Feedback in Shell's sole discretion and without compensation or other obligation to You.

8.7 Ownership. Other than those rights expressly granted to You under these Terms and Conditions of Use, Shell, and its subcontractors, service providers, and licensors (as the case may be) retain all right, title, and interest in and to: (i) Shell Sky and its components, including all IPR embodied therein; (ii) Shell’s confidential information; and (iii) any improvements or modifications thereto.

8.8 Analytics. Shell and its affiliates shall be entitled to collect, generate from any dataset or source, compile, analyze, share, process, and otherwise use (a) statistical data related to Your use of the Shell Sky or Your Data, and (b) other data that qualifies as De-Identified Data (collectively, the "Shell Sky Analytics"). The term "De-Identified Data" means information that meets each of the following criteria: the information (i) does not identify a particular natural person; (ii) does not identify, by network Internet Protocol address, raw hardware serial number, or raw MAC address, a particular device or computer associated with or used by a person; (iii) does not identify You; and (iv) is not reasonably linkable to a particular natural person due to technical, legal, or other controls. No compensation shall be paid by Shell with respect to its use of Shell Sky Analytics.

8.9 Your Representations and Warranties. You represent and warrant to Shell that: (i) Your Data and Feedback do not and shall not infringe the IPR of a third party; (ii) You shall not upload any virus or malicious code to the App; (iii) You have the full power and authority to enter into these Terms and Conditions of Use and to carry out Your obligations herein; (iv) You own all right, title, and interest in and to Your Data and Feedback necessary to permit the access, use, and processing of Your Data and Feedback in accordance with these Terms and Conditions of Use; (v) You are not located in a country that is subject to a Canadian Government embargo; (vi) You are not in violation of the United States Foreign Corrupt Practices Act of 1977, the United Kingdom Bribery Act 2010, or any other applicable laws that prohibit tax evasion, money laundering or otherwise dealing in the proceeds of crime or the bribery of, or the providing of unlawful gratuities, facilitation payments, or other benefits to, any government official or any other person; (vii) You are not in violation of applicable trade control laws and comply with all applicable laws concerning trade or economic sanctions or embargoes, restricted party lists, trade controls on the import, export, re-export, transfer or otherwise trade of goods, services, software, or technology. You will not re-export or transfer the App or dashboard, in any form, directly or indirectly, to any person or entity prohibited by law.

9. Mobile Services

The use of the App is free but be aware that your carrier´s normal rates apply. The App contains services and features that are available to certain Devices. By using the App, 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.

10. User Generated Content

10.1 “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.

10.2 Shell is not responsible or liable for User Generated Content or user conduct. 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 consent or is otherwise objectionable.

10.3 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.

10.4 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.

10.5 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.

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

10.7 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.

10.8 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.

10.9 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.

10.10 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.

11. 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 or any violation of these Terms and Conditions of Use, the Privacy Policy, any law or the rights of any third party.

12. 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.

13. Intellectual Property Rights (“IPR”)

13.1 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 (“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.

13.2 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.

13.3 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.

14. Data Protection and Privacy Policy

14.1 Personal details and other information relating to you provided to any Shell company through this App will only be used in accordance with our Privacy Statement (https://www.shell.ca/en_ca/privacy/b2c-notice.html), which supplements our Privacy Policy (https://www.shell.ca/en_ca/privacy.html) (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.ca/en_ca/privacy.html and/or within this App.

14.2 You shall be solely responsible for securing all rights in any data that You provide to Shell via the App (collectively, "Your Data"). We will treat Your Data in accordance with Our Privacy Policy. The App may allow You to submit, post, upload, or otherwise provide to Us, at Your choice, comments, feedback, data, information, documents, or other materials. You agree You will not provide any such materials that are unlawful, obscene, harmful, hateful, infringing or invasive of the rights of others, objectionable, or otherwise prohibited by these Terms and Conditions of Use or applicable law. You agree that Shell has the right to monitor any activity and content associated with the App, including Your Data. We may investigate any reported violation of these Terms and Conditions of Use or complaints relating to the App, and may take any action that We believe is appropriate including, but not limited to, removing Your Data and terminating or suspending Your access to the App. For the avoidance of doubt, Your Data expressly excludes any of the following: (i) charging data; (ii) data generated by the charging station and/or Shell Sky software, (iii) De-Identified Data; and (iv) other data to that Shell otherwise has rights, and that Shell may have generated with or without the use of Your Data.

14.3 You agree that We have the right and discretion to monitor any activity and content associated with the App. We may investigate any reported violation of this Terms and Conditions of Use or complaints relating to the App and may take any action that We believe is appropriate including, but not limited to, removing materials from the App and terminating or suspending Your access to the App. Your installation and/or use of the App signifies Your agreement to allow Shell to collect certain information regarding Your use of the App in accordance with Our Privacy Policy as set out in Section 13.1. By creating an account, You agree to receive notices, agreements, disclosures, or other communications from Shell via electronic means, including, but not limited to, emails, push notifications, and/or text messages. These communications may include charging session notifications and final receipts. These communications are part of Your relationship with Shell and You receive them as part of Your use of the App. You therefore hereby agree that any such notices, agreements, disclosures, or other communications that Shell sends to You electronically will satisfy any legal requirements, including that such communications be in writing. Furthermore, You understand and agree that installation of the App permits the downloading of updates and upgrades for the purpose(s) of fixing product defects or providing enhancements. You will be given notice and an opportunity to accept or refuse any updates or upgrades. However, Your refusal of an update or upgrade may impact the performance of the App.

15. Disclaimer and Liability

15.1 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.

15.2 To the fullest extent permitted by law, Shell disclaims all warranties, express or implied, regarding the operation and use of the App. 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.

15.3 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.

15.4 Nothing in these Terms and Conditions 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.

16. 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).

17. Changes to/operation of the App

17.1 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.

17.2 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.

17.3 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.

18. 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.

19. Complaints Procedure

If you have a question or a complaint about this App, please email: SITI-MLM-Support@shell.com with your comments. If You have questions or concerns about Shell Sky please contact Shell Recharge Solutions at: support@shellrecharge.com or +1-855-900-7584.

20. 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.

21. Termination

21.1 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.

21.2 After any line of action subject to Clause 20.1 you are not allowed to create a new account to circumvent the termination, deletion or restriction.

21.3 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. 

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

22. 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 will 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

23. Jurisdiction

These Terms and Conditions of Use are governed by and to be interpreted in accordance with the federal laws of Canada and the Provincial laws of Alberta, as applicable, and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the App the courts in the Province of Alberta will have non-exclusive jurisdiction over such dispute.