Shell Recharge India Application Terms & Conditions
The following Terms & Conditions govern the Shell Recharge India App for users registered through Shell Recharge India App (herein after called the “App”), and issued by Shell India Markets Private Limited (Shell) to the members or users of Shell Recharge India App.
The mentioned terms and conditions are applicable across the App. By accessing or using the App or any functionality thereof, you confirm that you have read, understood and agreed to be bound by these terms and conditions.
- Shell reserves the right to vary, add, or amend the terms and conditions including but not limited to usage of the App, reward earning, reward redemption etc.
- Terms and Conditions, as amended, varied or supplemented from time to time, supersede any earlier terms and conditions issued by Shell.
- Shell can cancel, withdraw, alter or close registration for the App at any point in time.
- Shell has the right to amend the list of Shell Recharge charging stations (and all other charging stations displayed on the app without prior notice.
- All members of Shell Recharge India App must be residing in India at the time of availing the benefits of products & services.
- All members of the App must have a valid mobile number & email id, which will act as their unique identifier.
- The benefits of Shell Recharge India App are not transferable, cannot be copied and can only be used by the member registered with the App.
- Shell may decline to issue, withdraw or cancel user’s accounts, coupons, vouchers etc., in whatever form, and/or remove a member from the App at any time where there is reasonable belief of:
- any abuse or attempted abuse of the App including false reviews
- any breach or attempted breach of these terms and conditions; and/or
- any behaviour relating to the Shell Recharge or the Shell Group that involves theft, misconduct, abusive or offensive behaviour, or supplying false or misleading information;
- Shell reserves the right not to reopen the account to the member in case any of the aforesaid conditions are met.
- In case you notice unauthorised transactions on your account, please reach out to the Customer Service.
- The terms and conditions do not confer any enforceable rights on a person who is not party to the terms and conditions.
- Shell reserves the right to send SMS, Email & App push notifications
2. APP DETAILS
- The App makes available information with respect to Shell Recharge business which inter-alia includes the information regarding the EV charging station locations. The App also provides a cloud-based eco-system to improve the EV charging network of Shell & its partners. In addition, the App provides the facility to make payment towards the charging services that may be booked and utilized by the clients/customers of Shell.
3. THIRD PARTY SERVICES
- To promote the App, other member content may be displayed on other Apps, in applications, within emails, and in online and offline advertisements. The App may contain links to third-party Apps or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Shell is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Shell of such Third-Party Services.
4. YOUR ACCOUNT
- You can become a member of the App by downloading Shell Recharge India App on your mobile through App Store or Play Store, and registering for the App.
- You can start using the App, once all mandatory registration details are completed in full and submitted.
- Your mobile number & email id acts as a unique identifier, and therefore, multiple memberships with single mobile number and email id is not allowed.
- You shall ensure that a correct/ valid mobile phone number and email id is provided while registering. In case of incorrect mobile number and/or email id is provided, Shell shall not be responsible for the charging related services to the membership account thus created.
- ·You must keep Shell informed of any changes to the information submitted.
- In case you would like to change your registered mobile number or email id, you must reach out to the Customer Service. If you register with a new number or email id, a new membership account will be opened, and Shell will be unable to transfer any previously linked Wallet.
- You are expected to always maintain minimum wallet balance of INR 100 at any given point. You have to ensure availability of required wallet balance to start charging your vehicle, in absence of which you won’t be able to charge your vehicle.
- As and when an account is created by you, you are responsible for maintaining the confidentiality and security of your User Account credentials and may not disclose your credentials to any third party. You are liable for any and all activities conducted through your User Account. All payments received pursuant to the use of the User Account shall be deemed to have been paid by the you shall be considered as a genuine consideration and Shell shall not be responsible or liable for any refunds due to any fraudulent charges.
- You can choose to leave the membership by contacting our customer service team which can be reached on 011-408-49548
- For resolving any query on unused wallet balance, please connect with the customer service team which can be reached on 011-408-49548
- Shell reserves the right in its sole discretion to suspend and/or terminate your account and/or access to the App and any associated Shell App, Shell Recharge India website and/ 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 Shell App, Shell Recharge India website at any time, for any or no reason, without notice and without any liability to Shell or anyone else for any breach of these terms and conditions and/or applicable laws or even otherwise. After any line of action, as aforesaid, you are not allowed to create a new account to circumvent the termination, deletion or restriction.
- You understand and agree that some of your User Generated Content may continue to appear on or be part of Shell Recharge India App and any associated Shell App, Shell Recharge India website or may persist in backup copies for a reasonable period of time even after your account and/or access to Shell Recharge India App and any associated Shell App, Shell Recharge India website is terminated.
- These Terms and Conditions shall remain in effect even after your account and/or access to Shell Recharge India App and any associated Shell App, Shell Recharge India website is terminated.
5. ACCESS TO THE APP/ PLATFORM, APP FEATURES
- Due to the nature of the Internet, Shell cannot guarantee the continuous and uninterrupted availability and accessibility of the App. Shell may restrict the availability of the App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of the servers, or to carry out maintenance measures that ensure the proper or improved functioning of the App. Shell may improve, enhance and modify the App and introduce new services from time to time.
- Shell may make access to and use of the App, or certain areas or features of the App, subject to certain conditions or requirements, such as completing a verification process, linked to your mobile phone or any other verification processes.
- User verification on the Internet is difficult and Shell does not assume any responsibility for the confirmation of a user’s identity.
- The access to or use of certain areas and features, the App may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the App, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.
- · Shell reserves the right to modify these Terms at any time in accordance with this provision. If Shell makes changes to these Terms, Shell will post the revised Terms on the App. You understand and agree that your continued access to or use of the App will constitute acceptance of the revised Terms.
- As a host or a distributor, upon visiting the App, if you wish to register yourself with Shell, separate terms and conditions shall apply when such provision for registration, for either becoming a host or for getting the distributorship are provided on the App.
6. LICENSE TO USE THE APP/ PLATFORM AND YOUR CONDUCT
- You as an user, can leave a public review (“Review”) and submit a star rating (“Rating”) about your experience of the App/ and or the Services and/or the vendors. Ratings and Reviews are not verified by App for accuracy and may be incorrect or misleading. Ratings and Reviews however must be as accurate and may not contain any offensive or defamatory.
- Shell reserves the right to examine the ratings and reviews and take necessary actions in case it is inaccurate, misleading or offensive in nature.
- You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the App. In connection with your use of the App, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
- use, display, mirror or frame the App or any individual element within the App, Shell's name, any Shell trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the App, without Shell's express written consent;
- dilute, tarnish or otherwise harm the Shell brand in any way, including through unauthorized use, registering and/or using Shell or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Shell’s domains, trademarks, taglines, or promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the App for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Shell or any of Shell's providers or any other third party to protect the App;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the App;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Shell may immediately, without notice, terminate this Agreement and/or stop providing access to the App if (i) you have materially breached your obligations under these Terms, the payments terms, our Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Shell believes in good faith that such action is reasonably necessary to protect the personal safety or property of Shell and its App visitors, its other users and clients.
- If you choose to use the App, you do so voluntarily and at your sole risk. The App is provided “as is”, without warranty of any kind, either express or implied.
- As a user of the App, you shall always input true and correct information about yourself. You understand and agree that Shell does not claim any responsibility for the information that is provided by you.
- The entire responsibility of checking and adhering to the availability of the EV charging stations lies with the User.
- If Shell chooses to conduct identity verification or background checks on any user, to the extent permitted by applicable law, Shell disclaims warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future.
- You assume full responsibility for the choices you make before, during and after your use of the App.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the App, and/or use of services via the App or any other interaction you have with Shell’s personnel whether in person or online remains with you. Neither Shell nor any other party involved in creating, producing, or delivering the App will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, and (ii) from the use of or inability to use the App. In no event will Shell’s aggregate liability arising out of or in connection with these Terms and your use of the App including, but not limited to, payment of the charges for the services provided and/or any other applicable charges via the App, or from the use of or inability to use the App, exceed the amounts you have paid via the App.
- You agree to release, defend (at Shell’s option), indemnify, and hold Shell and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the App, or (iii) your breach of any laws, regulations or third party rights.
You and Shell mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the App, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996
- as per the then prevailing Rules of Arbitration of Delhi International Arbitration Centre. The seat / venue of arbitration shall be New Delhi. The sole arbitrator shall be appointed as per the then prevailing Rules of Arbitration of Delhi International Arbitration Centre. You and Shell each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of Shell’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
- These terms shall be governed by the laws of India, and the courts in New Delhi shall have the exclusive jurisdiction over the matters pertaining to these Terms.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the App (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the App, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Shell and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Shell and you in relation to the access to and use of the App.
- No joint venture, partnership, employment, or agency relationship exists between you and Shell as a result of this Agreement or your use of the App.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Shell’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Shell in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- Shell makes no representation that the App operates (or is legally permitted to operate) in all geographic areas, or that the Information, App, or services are appropriate or available for use in other locations. Accessing the App from territories where the App or any Information or functionality of the App or portion thereof is illegal is expressly prohibited. Any access of the App and the Information thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and Shell shall not be responsible for such access. The User shall always be responsible for his own compliance of the applicable laws.
7. SERVICES ON THE APP/ PLATFORM
This Platform facilitates customers to avail any /or all of the services listed hereunder:
- EV charging services “EV Charging Services” refers to all the services offered to the Customer by the Service Provider, including the aspects of access to EV Charging Stations, undertaking charging and information provided on platform authorised by Service Provider to locate EV Charging Stations. For any customer who has entered into a separate Agreement with the Service Provider, all the Terms and conditions of charging service shall be governed by such Agreement between the customer and the Service Provider.
- For the customers who have not entered into a separate Agreement with Service Provider, following conditions should be adhered while availing the service-
- Customer shall install and use, the mobile application(s), as suggested by Service Provider, on their respective mobile phone / device which shall enable them to locate the nearest EV Charging Station for availing the EV Charging Services.
- EV Charging Services shall be made available for the Customer only after sufficient balance is maintained in the Wallet as mentioned in the platform.
- Service Provider shall have the right to revise the price of EV Charging services and/or the method of computation of EV Charging Service Charges payable by Customer from time to time. Any modification in the price of EV Charging services shall be communicated via Platform.
- Service Provider shall issue tax invoice under the provisions of GST Law for the above EV Charging Service
- Invoice shall be stored for a period as per legal/regulatory norms
- The app will provide a wallet which will be used for payment of any EV Charging Services availed through the App. You are required to pre-load the wallet with the required amount (while following the guidelines on the minimum required balance given in this terms and conditions) to avail the EV charging services.
- Multiple modes of payment to load the wallet have been provided. Applicable charges as per the payment gateway would be charged while loading the wallet.
- The Wallet would be used for payment for the following EV Charging Services. Shell reserves the right to vary, add and amend the list of services for which the wallet has to be used:
- EV Charging – payment per unit after charging session is completed
- Booking Fee – Might have to be introduced which in case of cancellation may be retained.
- Parking Fee – Might have to be introduced to curb overstay at the EV charging location
7A. Subscription Offer
- The complete details of ongoing subscription plan are available in the Accounts section of the Shell Recharge India App.
- The subscription is not mandatory.
- The minimum user’s wallet balance of Rs.100/- is a pre-requisite to subscribe.
- Customers registered under “B2B” – fleet are not eligible for the subscription.
- Upon subscription, the benefits of the relevant plan may be found at “Charge Now” screen of the Shell Recharge India App.
- The subscribed plan is non-transferable.
- The subscription benefits are applicable only on charging at Shell sites.
- The plan subscribed for shall automatically get lapsed once its validity is exhausted (i.e. time period and/or subscription units).
- Any unused plan benefits shall also stand lapsed and it cannot be carried forward or exchanged otherwise.
- Upon subscribing to a given plan, customer cannot cancel or change/ upgrade to another plan till the subscribed plan’s validity is over.
- Once a customer subscribes to a plan, money cannot be refunded in any circumstances whatsoever.
- The offer cannot be combined or exchanged with any other offer provided by Shell.
- Shell Recharge India Application terms and conditions shall also apply.
- By participating in the offer, the Customers shall be deemed to have accepted these Terms and Conditions.
8. YOUR ELECTRIC VEHICLE
- To avail the EV charging services on the platform, you are required to add your Electric Vehicle(s) in your account. In case, You have more than one electric vehicles, you can attach all the vehicles to your account.
- Based on your current location or any other location as entered by you in the platform, the Platform will indicate the nearby charging station offered by Service Provider.
- You can select the charging station and reserve the charging session or can directly visit the station and avail charging services based on availability of charger at the station.
- All the chargers present in the network shall be visible on the platform. Any charger, which is not available for charging due to prebooking or maintenance issue will also be indicated on the platform. No booking shall be allowed for any charger that is not available at the time of booking.
9. CHARGING SERVICES
- You need to maintain a minimum balance in your Wallet as mentioned in the platform, only then charging services can be availed
- Ability to select charging duration/percentage/units will depend on type of charger
- The estimated prices for a charging session may vary depending on vehicle type
10. CONTRACT BETWEEN YOU AND SERVICE PROVIDER
· Your request to avail services on the Platform is an offer to avail the services from charging station.
· When you place a request to avail the services on the Platform, subject to availability and payment for the Services, you will receive a notification confirming receipt of your order containing the details of your order.
11. PRICING & PAYMENTS
- Service Price can be dynamic and maximum anticipated price for the service over and above minimum wallet balance needs to be ensured at the time of placing charging order.
- There might be difference between estimated and actual costs based on units, vehicle type, battery condition etc
- Pricing options are visible in platform and are updated from time to time. Pay per use plan shall be based on the energy consumed or time of charging or percentage of charging.
- Before the initiation of your charging session via Shell Recharge India App, you will be informed about the estimated amount for the charging session based on your inputs. Basis the actual charging data, the final amount will be deducted from your wallet after the charging session ends. The final amount may be different from the estimated amount depending on the exact units charged.
- You remain liable for all session fees initiated through your account on the App.
- After availing the service, based on actual amount incurred, amount shall be deducted from the wallet.
- All prices are inclusive of VAT/CST, Goods and Services Tax ("GST"), duties and cesses as applicable – unless stated otherwise.
- You shall be making the payment only through the wallet created in the platform for you, at the time of registration for placement of order. Customer shall ensure maintenance of minimum balance required for availing the service. Platform will be accepting the payment through the integrated payment gateways into the wallet only.
- Upon making payment on the App, You shall be bound by the terms and conditions of the payment gateway in addition to the terms stated herein.
- As a general rule, Shell is not bound to make any refunds for the amount of consideration already paid by you.
- If you wish to submit a complaint regarding a particular transaction charged to your Shell Recharge Account, you have to notify Shell within 7 days of the date of the transaction by writing to us at email@example.com. The complaint should clearly indicate the type of error and date of transaction..
- Customer may be entitled to a refund up to 100% of the transaction value due to a cause attributable to Shell, however such refunds will be assessed on a case to case basis by Shell under sole discretion of Shell.
- Shell will refund the claimed amount in full or partially, as may be applicable, upon receipt of an application with valid accompanying documentary evidence from you. This will be evaluated on a case to case basis under sole discretion of Shell.
- All decisions with respect to refunds will be at the sole discretion of Shell and in accordance with Shell Recharge’s internal refund policy and the same shall be final and binding. All refunds initiated by Shell Recharge shall be refunded to the financial source account from which, the customer has initiated the transaction on the platform.
- You shall be responsible for payment of all fees/costs/charges associated with the Services from Service Provider(s) and you agree to bear any and all applicable taxes including but not limited to VAT/CST, Goods and Services Tax (“GST”), duties and cesses etc.
14. DATA PROTECTION
- As a member of Shell Recharge India App, any information shared by you is governed by the Shell Recharge India App Privacy Notice. The Privacy Notice (which can be accessed in the Account section of the app) describes how Shell manages your data in accordance with the law.
15. LIMITATION OF LIABILITY
- You are responsible for the accuracy of the information that you enter or submit to become a part of the App. While Shell does its best to ensure that any information provided to become a part of the App is correct at the time of inclusion, Shell cannot guarantee the accuracy of such information.
- Shell disclaims all warranties, express or implied, regarding your participation in the App and your any associated operation and use of the App
- You understand and agree that your participation in the App and your any associated operation and use of Shell App/ Shell Recharge India App is at done at your own risk, cost and consequence and that you are solely responsible for any damage suffered by you or any 3rd party as a result of your participation in the App and your any associated operation and use of Shell App/ Shell Recharge India App
- Shell will not be liable for any loss/damage occurred while using third party charge point operators (which are in agreement with Shell) displayed on the App. The App is only a facilitator for the transaction between the user and the third party charge point operator and would undertake no responsibility of the charging infrastructure and charging session conducted at the third party location.
- Shell shall under no circumstances whatsoever be liable to you or any 3rd party, whether in equity, contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your participation in the App and your any associated operation and use of Shell App/ Shell Recharge India App for:
- loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
- losses caused by business interruption;
- loss of goodwill or reputation;
- loss or corruption of data, information or software; or
- any indirect, special or consequential cost, expense, loss or damage suffered
- even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Shell.
16. INTELLECTUAL PROPERTY
- You acknowledge and agree that the App and the content available on the App, including all associated intellectual property rights, are the exclusive property of Shell. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the App. All trademarks, service marks, logos, trade names, and any other source identifiers of Shell used on or in connection with the App.. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the App are used for identification purposes only and may be the property of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the App. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Shell or its licensors, except for the licenses and rights expressly granted in these Terms.
- All intellectual property contained in or on Shell Recharge India App and any associated Shell App/ Shell Recharge India App is owned by Shell or its licensors. All content in the Shell Recharge India App and any associated Shell App/ Shell Recharge India App 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 Shell Recharge App and any associated Shell App/ Shell Recharge India App and in respect of the Content.
- In particular, Shell Recharge India App and any associated Shell App/ Shell Recharge India App contains trademarks including, but not limited to, the mark "Shell" and the Shell emblem. All trademarks included as part of Shell Recharge India App and any associated Shell App/ Shell Recharge India App are owned by Shell Brands International AG(SBI) or its licensors. Shell reserves all of its rights in respect of the trademarks included as part of Shell Recharge India App and any associated Shell App/ Shell Recharge India App
- Nothing in these Terms and Conditions or otherwise shall be interpreted as granting to you any license of IPR owned by Shell, SBI or its licensors.
17. USER GENERATED CONTENT
- “User Generated Content” is any content such as communications, information, messages, photographs, music, videos, designs, graphics, App links, data, profiles that you and/or other members post or otherwise make available on or through Shell Recharge India App and any associated Shell App/ Shell Recharge India App, except to the extent that such content is owned by or licensed to Shell.
- You are solely responsible for your User Generated Content, your interactions with other members and in general, your overall activity in the Shell Recharge India App and any associated Shell App/ Shell Recharge India App and Shell shall not have any liability whatsoever for any user generated content.
- You agree not to post any content or make any communications which may expose Shell or any of other member of Shell Recharge India App and any associated Shell App/ Shell Recharge India App to harm or liability of any type.
- You agree not to post or submit User Generated Content, or a link to an App, which, is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive or is otherwise objectionable.
- You confirm that you own or control all rights in any User Generated Content that you post or submit on Shell Recharge India App and any associated Shell App/ Shell Recharge India 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.
- 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.
- Shell Reserves the rights to delete, remove and share with any authorities in case the user generated content is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive or is otherwise objectionable.
- Should any part of Shell Recharge India App and any associated Shell App/ Shell Recharge India 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.
- Do not use or become member of Shell Recharge India App and any associated Shell App/ Shell Recharge India App or any functionality thereof for any commercial purpose.
- 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 Shell Recharge India App and any associated Shell App/ Shell Recharge India App.
- 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, username or password.
- 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 and share with relevant authorities.
- 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.
You agree to indemnify, defend and hold harmless Shell, SBI, 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 participation in Shell Recharge India App, any associated downloading / usage of Shell App/ Shell Recharge India App or any violation of these Terms and Conditions of Use, any law or the rights of any third party.
19. EXTERNAL APPS OR APPLICATIONS
Shell Recharge India App may include links to external Apps or applications. When you follow such links the external App or application may appear as a full screen or in some cases it may appear within the frame of Shell App/ Shell Recharge India App. These links are provided in order to help you find relevant Apps, 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 Apps or applications are suitable for your purposes. Shell is never to be construed as recommending to you to avail any services and/or products available through any of these Apps or applications. Shell is not responsible for the owners or operators of these applications or Apps or for any goods or services they supply or for the content of their Apps 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 App or application to which Shell App/ Shell Recharge India App includes a link infringes the intellectual property rights of any third party).
20. USER RESTRICTIONS AND ACCESS
- The app intends/targets users who are of at least 18 years. For any exceptions users may refer to our Privacy Notice
- In order to use certain current or future functionalities of this App, you may be required to register or sign in as a Shell loyalty customer or to create an account.
- Be aware that the use of some of the functionalities of this App require access to the Internet.
21. ACCEPTABLE USE
21.1 You may:
(a) access any part of the App and
(b) print off one copy of any or all of the pages for your own personal non-commercial use.
21.2 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, unless it is your own User Generated Content that you legally post to the App or associated forum) except as set out under Clause 21.1 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) 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 Shell’s express written consent.
21.3 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.
21.4 Shell may, at its sole discretion, agree to or reject any request made in accordance with Clause 21.3 above. Shell has no obligation to agree to any such request or to provide any reason for accepting to rejecting any such request.
22. MOBILE SERVICES
The use of the App is for 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, 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 don't send your messages to the person who acquired your old number.
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 your 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.
24. CHANGES TO/OPERATION OF THE APP
- Shell may change the format and content of all or any part of this App at any time, including but not limited to removal of features or functionalities in the App.
- Shell may suspend the operation of this 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.
- Updates to the App may be issued from time to time through the Appstore or Google Play. 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.
25. 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.
- Shell voluntarily procures Renewable Energy Certificates (REC) to match it with the electricity procured for sale through Shell Recharge sites. Shell does not commit to fulfill any claim or liabilities of its customers in relation to the transferability of the green attribute of the transaction.
- Ultra-fast charging is available only for 4 wheelers. Charging speed depends on several factors including ambient temperature, type of car, size of battery and battery condition. Results may vary, no guarantees are provided. Please check with your OEM for compatibility and further information.
- “Refresh yourself while charging your vehicle” is applicable only for the Shell Recharge stations located at Shell Retail sites. Due to government norms, the shops and café might not be operating for 24X7.
- 24X7 customer support service will be unavailable on the government notified public holidays. Shell doesn’t take any responsibilities if the services are unavailable/ stopped due to technical issue(s).
27. COMPLAINTS PROCEDURE
If you have a question or complaint about this App, please email firstname.lastname@example.org
28. OVERRIDING EFFECT
Notwithstanding anything contained herein above, for any customer who has entered into a separate agreement with the Service Provider/Shell regarding the services available on the App, all the terms and conditions as specified in such agreement shall prevail over these terms and conditions in the event of any contradiction/inconsistency.