General Terms and Conditions of Use for the Shell App, Shell User Account (Shell Account), Shell SmartPay and Shell Recharge

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

The App is provided in Switzerland by Shell (Switzerland) AG, Hinterbergstrasse 16, 6312 Steinhausen (“Shell”). 

Under no circumstances may this App be accessed or used while driving or during any other activity that requires your attention. 

It may be necessary to register or create a user account in order to use current or future Features on this App.

Please note that access to certain functions on this App requires an internet connection. Shell will not bear any costs incurred as a result. 

You may: 

    a) access any part of the App; and 

    b) print out a copy of any or all pages for your personal, non-commercial use. 

You may not, without the express prior written consent of Shell (Switzerland) AG: 

    c) copy (whether by printing out on paper or by storing on storage media, downloading or otherwise), redistribute (including distributing copies) or transmit, modify or in any way manipulate material included in the App (including User-Generated Content, other than your own content that you lawfully post on the App or in related forums), except as provided in Section 1.3 a) and b). These restrictions apply to all Content as well as to any part thereof.  

    d) remove any references to copyright, trademark or other intellectual property contained in the original material from any material copied or printed out from the App; 

    e) create links to this App; 

    f) use the App (or any part thereof) in any unlawful manner, for any unlawful purpose or in a manner contrary to these Terms and Conditions of Use, or engage in any fraudulent or malicious activity, such as hacking the App or an operating system, or inserting malicious code, including viruses or harmful data; 

    g) use the App in any manner that could damage, disable, overburden, impair or compromise Shell’s security or systems, or interfere with other users; 

    h) collect App-related or system-related information or data, or attempt to decrypt any communication between the servers on which parts of this App run; 

    i) alter or delete the copyright or ownership information contained in downloaded or printed copies of the App; and/or 

    j) circumvent or modify the App’s security technology or software. 

If you would like to assign a hypertext or other link to the App, please send an email to SITI-MLM-Support@shell.com and provide the following details: 

    a) the URL(s) of the website(s) from which you wish to create a link to this App; and 

    b) the URL(s) of the website(s) in this App to which you are proposing to create a link. 

Shell may, in its sole discretion, approve or reject requests made in accordance with the above. Shell shall have no obligation to approve such requests or to provide any reason for rejecting them. 

The App may be used free of charge; the usual prices of your mobile phone service provider apply. 

The App contains services and functions that are available for certain mobile Devices. By using the App, you agree that you may receive communications electronically on your mobile Device, and that information about how these services are being used may be shared with Shell. 

“User-Generated Content” refers to any Content, including but not limited to conversations, information, messages, photos, music, videos, designs, graphics, web links, data or profiles that you and/or other users of the App post or otherwise make available on or through the App; no User-Generated Content shall be deemed to exist if such Content is owned or has been authorised by Shell.

You are solely responsible for your User-Generated Content, your interactions with other users of the App and your actions on the App. You agree not to post or communicate any content that may adversely affect, or expose to liability, Shell or any user of the App. You agree not to post or submit any unlawful, fraudulent, misleading, deceptive, abusive, harassing, hateful, threatening, abusive, pornographic, sexually or racially hostile, culturally or ethnically offensive or otherwise objectionable User-Generated Content or web links.

You acknowledge that you own and control the rights to all of the content that you post or provide on the App. You agree not to submit any User-Generated Content if you are not the owner of the content in question or do not have the owner’s consent to submit such content. You agree not to publish any photos or videos of other persons or photos or videos showing other persons without the consent of the persons concerned.

Your User-Generated Content is not protected. You hereby agree that Shell may use it commercially, including for promotional purposes, and may transfer to Shell Group, a transferable and perpetual right of use, free of charge. Please note that, if you read or participate in any forum as part of this App, all posts within the forum represent the views of the person posting and not the views of Shell.

You may not use this App or its Features for commercial purposes.

No User-Generated Content containing “junk mail”, “chain letters”, “pyramid schemes” or other solicitation may be published. No automated scripts may be used to collect information from this App.

You agree not to provide false personal information, not to create more than one Shell Account, not to create an account on behalf of any other person, group or entity, and not to share your profile or account. It is not permitted to use the account or username/password of another person.

Shell shall have no obligation to pre-screen, monitor, edit or delete any User-Generated Content and shall not be responsible for any User-Generated Content, including if Shell chooses to pre-screen, monitor, edit or delete any User-Generated Content.

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

You agree to indemnify and hold harmless Shell plc and its subsidiaries, representatives, directors, employees, agents, licensors and suppliers from and against all claims, damages and costs, including without limitation attorneys’ fees, arising out of your User-Generated Content, your use of the App or any breach of these Terms and Conditions of Use that may be asserted by any third party.

If you choose or receive a username, password or other information relating to Shell’s security procedures, you must keep such information confidential and must not disclose it to any third party or allow any unauthorised persons to access the App using your username and/or password. You are responsible for any actions that occur while using your Shell Account or while using the App through your Device, and Shell shall not be liable for any loss resulting from the intentional or unintentional use of your username and/or password.

All intellectual property in or related to the App (other than User-Generated Content) is the property of Shell or its licensors. All Content on the App (other than User-Generated Content) such as text, software, programs, code, designs, graphics, videos, interactive features and other Content (“Content”) is the property of Shell. Shell reserves all rights with respect to the intellectual property in and related to the App and its Content. 

In particular, this App also contains brands such as the “Shell” brand and the Shell logo. All trademarks in this App are the property of Shell or its licensors. Shell reserves all its rights. 

Notwithstanding the specific provisions of these Terms and Conditions of Use, any information, brand names or other Content on the App may not be modified, copied, reproduced, sold, rented, used, supplemented or otherwise exploited in any way without the prior written consent of Shell. Apart from expressly granted rights of use or other rights, the user shall not be granted any other rights of any kind, in particular to the company name and to industrial property such as patents, utility models or trademarks, nor shall Shell be obliged to grant any such rights. 

Nothing in these Terms and Conditions of Use shall be construed as granting a licence over any intellectual property held by Shell or its licensors. 

Our Privacy Policy explains how Shell uses your information in relation to the Features. If you have any questions about how your personal data are processed, please consult our Privacy Policy.

Shell will endeavour to ensure that any information provided through this App is accurate at the time it is included in the App. However, Shell cannot warrant the accuracy of such information. 

Shell provides no warranty as to the availability, reliability, functionality or suitability of the App for your purposes. 

Shell shall be entitled to discontinue operation of the App entirely or in part at any time. Due to the nature of the internet and computer systems, Shell does not warrant the uninterrupted availability of the App. 

Shell does not warrant freedom from viruses. Before downloading information, software and documentation, the user shall ensure that appropriate security precautions and virus scanners are in place for his/her own protection and to prevent viruses on the App. 

Unless required otherwise by law, Shell declines all statutory and contractual warranty and liability claims for the actions of Shell and its agents in connection with the App. 

The App is used at your own risk. You agree that you use the App at your own risk and that you are solely responsible for your use, any damage to the Device through which you access the App, any loss of data or any other damage that may result from downloading, accessing or using the App. You are responsible for the accuracy of the information you enter into or upload to the Shell App.    

Unless required otherwise by law, Shell declines all liability or other responsibility for any errors or omissions and for the consequences of using the App or its Content, including but not limited to: 

    a) actual or anticipated loss of profits, loss of sales, savings, loss of use, loss of business, loss of opportunity or income; 

    b) losses due to operational outages; 

    c) non-material damage; 

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

    e) any indirect costs and/or damages incurred by you in connection with your use of the App or any material posted by you, even if such costs or damages were entirely foreseeable or contemplated by you and/or Shell. 

Nothing in these Terms and Conditions of Use shall limit or exclude Shell’s liability for personal injury or death caused by Shell’s negligence or wilful intent. 

The Shell App may contain links to external websites or applications. If you follow such links, the external website or app may be displayed in full screen mode (in this case, you will need to use the Device button to return to the Shell App). In some cases, these pages may also be displayed within the frame of the Shell App (in this case, you can return to the Shell App by using the navigation buttons in the Shell App). 

Such links are provided to help you quickly and easily find relevant websites, applications, services and/or products that may be of interest to you. You are responsible for deciding whether services and/or products made available through such websites or other apps are appropriate for your purposes. Shell is not responsible or liable for the owners or operators of such third-party apps or websites, or for the goods or services offered or for the content of such websites or apps, and disclaims all warranties, conditions and representations of any kind in connection therewith, and accepts no liability arising therefrom (including any liability arising out of any alleged infringement of any third party’s intellectual property rights by the content of any website or app to which the Shell App contains a link).  

Shell may at any time delete/remove the format and Content of all or part of this App, including but not limited to functions, or change functionality. 

Shell may suspend the operation of this App or certain Features at any time. 

Updates to the App can be made from time to time via the App Store or Google Play. Depending on the update, you may not be able to use the App or parts of it until you have downloaded the latest version of the App and agreed to the new Terms and Conditions. 

If you have any questions or complaints regarding this App, please contact our customer service. 

Should any individual provisions of these Terms and Conditions of Use be or become invalid or ineffective in whole or in part, this shall not affect the validity of the remaining provisions.

Shell reserves the right, in its sole discretion, to terminate your account and/or access to this App or its Features, or to delete your profile and User-Generated Content and/or restrict your use of all or any part of the App at any time for any reason, without notice and without incurring any liability towards you or any other person. Shell also reserves the right to block access to the App or its Features. 

In the event of termination in accordance with 1.15, you are not permitted to continue using the App or to create a new account.  

You agree that, even after your user account and/or your access to the App has been terminated, your User-Generated Content may continue to appear on the App or may remain stored in backup copies for a reasonable period of time.   

These Terms and Conditions of Use shall remain in effect even after your account and/or access to this App has been terminated. 

Shell may amend these Terms and Conditions of Use at any time without notice and such amendment shall become effective upon the posting of the Terms and Conditions of Use for the App. The current Terms and Conditions of Use may be accessed and viewed at any time in the Shell App.

Notifications will be sent via the Shell App and/or to your email address if you have an account. 

This Agreement may not be assigned by you. Shell reserves the right to assign its rights and obligations under this Agreement for any reason whatsoever and at its sole discretion.

The parties are independent contractual partners, are not parties to any agency relationship, partnership, joint venture or employer-employee relationship, and no such relationship is intended or created. Neither party shall be empowered to establish binding obligations for the other party.

These Terms and Conditions of Use shall be governed by and construed in accordance with Swiss law, with the exception of its private international law. The UN Convention on Contracts for the International Sale of Goods shall not be applicable. The place of jurisdiction is Zug, Switzerland. 

By creating a Shell Account, you warrant that you are at least 16 years of age and that all the data you provide in your Shell Account (e.g. surname, first name, email address) is up-to-date and accurate, including in particular your mobile phone number and/or email address. In the event of any change or deactivation, you are obliged to promptly update your user account information in order to ensure that no messages are sent to the new owner of your number and/or email address.

To create a Shell Account, you will need to provide your first name, surname and email address. We may ask you to provide further personal data if individual Shell services require this in order to provide requested services and Features and/or for the purposes of authentication. 

You can delete your Shell Account in the Shell App at any time without notice or send a deletion request at Customer Service Center or dial the Shell Service Line +41 800 769444. Functions and services that require a Shell Account can then no longer be used.

Shell SmartPay can only be used via the Shell App and only with an active Shell user account (Shell Account). A Shell Account can be created directly in the Shell App if you do not already have an account.

Your Shell Account provides access to Shell services and Features in Switzerland. This also includes the use of Shell SmartPay.  

If you decide to use the Feature Shell SmartPay outside of the country in which you have registered for the Shell App, you acknowledge and consent to the fact that the Feature in this other country is provided by the respective local Shell company as a provider and contractual partner and is subject to the Terms and Conditions of Use and Guidelines applicable there (can be viewed on the respective local Shell website).

You further consent to the Feature Shell SmartPay in this other country being invoiced to you by the respective local Shell company. The local VAT applies. Invoices and documents on services obtained will be issued by the respective local Shell company according to the local legal requirements. Shell (Switzerland) AG is not a contractual party for the Feature Shell SmartPay outside of Switzerland. 

If you pay for fuel using the Shell App in conjunction with a third-party mobile payment function (e.g. PayPal), the transaction will first be pre-authorised by the third-party provider of your choice for a maximum amount defined by you. The refuelling process must be started immediately as soon as pre-authorisation has been completed, otherwise the pre-authorisation will lapse. Once pre-authorisation has been completed, you can refuel up to the maximum defined amount. If the transaction is not pre-authorised by the third-party supplier, Shell reserves the right to refuse the refuelling. 

If you authorise the purchase of fuel via the Shell App in conjunction with the Shell Card, the transaction will first be pre-authorised according to the defined Shell Card profiles and purchase limits. The refuelling process must be started immediately as soon as pre-authorisation has been completed, otherwise the pre-authorisation will lapse. Once pre-authorisation has been completed, you can refuel in accordance with the Shell Card profiles and purchase limits. If the transaction is not pre-authorised by the Shell Card, Shell reserves the right to refuse the refuelling. 

When using Shell SmartPay, the terms and conditions of use of our payment providers such as PayPal or the Shell Card apply. These can be found on the respective websites.

Charging services can only be used with an active Shell Account. The terms and conditions of use for the Shell App, Shell Account and our Privacy Policy apply. 

These Terms and Conditions of Use apply to all transactions for the provision of Electric Vehicle charging services by Shell via the Shell App (“App”) or Shell Recharge RFID charging card. By initiating a transaction to charge your Electric Vehicle via the App or Shell Recharge RFID charging card, you agree to these Terms and Conditions of Use.

The Shell App provides you with information on charging your Electric Vehicle (subject to availability and with no guarantee as to accuracy): 

    a) location services to find the nearest charging station; 

    b) your billing information; 

    c) your payment details; 

    d) your charging history.

Shell offers you access to charging for Electric Vehicles at Shell Recharge charging stations and Roaming Charging Stations via the Shell App or Shell Recharge RFID charging card. Please note that Shell does not own or operate any Roaming Charging Stations. Accordingly, Shell is unable to provide you with troubleshooting or customer service for Roaming Charging Stations. 

You agree to use the charging services provided by Shell in accordance with all applicable safety regulations. In particular: 

    a) Only connect rechargeable Electric Vehicles or hybrid Vehicles that are approved for road use to the charging station;

    b) Only connect Vehicles with components (such as charging cables, plugs, etc.) that comply with all applicable legal regulations and are in a ready-to-use, safe and properly maintained condition;

    c) Only use charging cables that correspond to the needs and technical characteristics of your Vehicle;

    d) Follow the instructions of the Vehicle manufacturer regarding the duration and maximum power of the charging process;

    e) Ensure the best possible protection against damage to the charging station or its immediate surroundings affected by it;

    f) In the event of a warning as indicated by warning lights on the charging station and/or in your Vehicle, you must take all action necessary to ensure your own safety and that of others, and to protect your Vehicle. In particular, if there is no immediate danger, disconnect the Vehicle immediately from the charging station and call the Shell Service Line: +41 800 769444.

Before each use, you must ensure the availability of a charging cable that is compatible with the charging station and that will allow you to connect your Vehicle. Shell does not guarantee that a cable will be available on all chargers and accepts no responsibility for any damage that may result from such unavailability. 

Shell accepts no liability for any damage in the event of any use that does not comply with the applicable regulations.

Parking spaces at charging stations intended for charging services may only be used for the charging of Vehicles. If no charging session is in progress, parking in these areas is not permitted. 

The Shell Recharge RFID charging card must be kept in a secure place to prevent access by unauthorised third parties; in particular, it must not be left in an unattended Vehicle. Any loss of the card or the discovery of improper use must be reported immediately to the Shell Service Line: +41 800 769444 or www.shell.ch/contact. Until the disable message is received, you will be responsible for any improper use. 

Apart from free EV charging stations, you are responsible for paying all charges incurred for using the services and for the purchase of kilowatt hours (kWh). 

The cost of kWh delivered via the Shell EV charging stations can be found on the Shell website www.shell.ch/recharger and/or in the Shell App. These are subject to live updates and can be changed at any time. You are responsible for reviewing the rates for individual EV charging stations.

Shell does not warrant that the rates for each individual EV charging station will be available on Shell’s website and/or in the App.

Shell reserves the right to amend the Terms and Conditions of Use at any time, in particular the prices of the charging services and other services.

When you make a payment for the use of Shell Recharge stations, you authorise Shell to pre-authorise your chosen payment method (debit card, credit card, Google Pay, PayPal, Apple Pay, etc.) in the amount of CHF 120.00 (“Pre-Authorisation”). The Pre-Authorisation for payment using a Shell Card is based on the defined Shell Card profile. 

Once you have completed the charging session for your Vehicle, the remainder of the unused credit will be re-credited to your account. You will only be invoiced for the value of the kilowatt hours (kWh) withdrawn. 

If Pre-Authorisation is not granted for any reason, including but not limited to the fact that the account in question does not have sufficient funds for Pre-Authorisation, you will not be able to continue the charging session. 

Shell is not responsible for and has no control over the time taken by your bank to issue a Pre-Authorisation. You are responsible for contacting your bank if you have any questions. 

The Pre-Authorisation will be applied each time you authorise a payment using your chosen payment method. This may result in multiple Pre-Authorisations. Shell will not be responsible if your bank rejects a transaction due to insufficient funds following Pre-Authorisation. 

Shell reserves the right to charge you for the outstanding amount in the event that payment by your chosen payment method is insufficient. 

If you decide to use the Feature Shell Recharge (including Roaming) outside of the country in which you have registered for the Shell App, you acknowledge and consent to the fact that the Feature in this other country is provided by the respective local Shell company as a provider and contractual partner and is subject to the Terms and Conditions of Use and Guidelines applicable there (can be viewed on the respective local Shell website).

You further consent to the Feature Shell Recharge (including Roaming) in this other country being invoiced to you by the respective local Shell company. The local VAT applies. Invoices and documents on services obtained will be issued by the respective local Shell company according to the local legal requirements. Shell (Switzerland) AG is not a contractual party for the Feature Shell Recharge (including Roaming) outside of Switzerland. 

Before providing the Shell Recharge Feature and during registration by you for the charging services, Shell may, if necessary, conduct credit checks to confirm your identity and decide whether Shell wishes to provide the services. Shell reserves the right to refuse to provide you with services if you fail our credit assessment, even if you are an existing customer.

This information may also be used to track debts and prevent money laundering, as well as to manage your account.

You agree to indemnify, defend and hold harmless Shell, its affiliates, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including but not limited to legal fees, arising out of or in any way related to your use of the services, your use of the Shell Recharge Feature or any breach of these Terms of Use, any law or the rights of any third party.  

To the fullest extent permitted by law, Shell disclaims all warranties, express or implied, as to the functionality or operation of Shell Recharge. You understand and agree that you use the charging services and related services at your own risk and that you will be solely responsible for any damage or loss resulting therefrom.

To the fullest extent permitted by law, in no event shall Shell be liable to you, whether under contract or tort (including negligence), or due to breach of statutory duty or otherwise arising out of or in connection with the Shell Recharge Feature for:

    a) loss of actual or anticipated profits, sales, savings, use, business, business opportunities or revenue;

    b) losses caused by business interruption;

    c) loss of goodwill or reputation;

    d) loss of or damage to data, information or software; or

    e) any indirect, special or consequential cost, expense, loss or damage incurred by you in connection with the Shell Recharge Feature, even if such cost, expense, loss or damage was reasonably foreseeable or could reasonably have been foreseen by you and/or Shell.

In addition, Shell shall not be liable to you or any third party for any failure to provide the services, fraud, negligence, acts, omissions or omissions or wilful misconduct by:

    a) independent contractors engaged by Shell or their employees, contractors or agents; and

    b) retail location employees or their employees, contractors or agents.

Nothing in these Terms of Use shall limit or exclude Shell’s liability for death or personal injury caused by Shell’s negligence, or for fraud or fraudulent misrepresentation.

Shell shall make every effort to ensure high availability of the EV charging station network. However, Shell is unable to guarantee uninterrupted or error-free services and the absence of delays or limitations in charging capacity. In order to enable optimal access for you to the charging stations, Shell provides a tool in the Shell App that allows you to track the location and real-time availability of charging stations. However, Shell does not own all of the charging stations that are available to you on the network. As such, Shell does not guarantee availability with regard to quality, maintenance, operation or support. 

Shell and/or third parties may at any time carry out maintenance work, which may affect the operation of the charging station as well as the websites of Shell and/or third parties. 

Shell does not warrant permanent physical access to the charging stations, in particular if the charging stations are located in parking spaces that are closed during the night.