Shell S Pay, POWERED BY BIM, USER TERMS AND CONDITIONS
Version 1.02 Effective Nov 19, 2019
YOUR ACCESS OF Shell S Pay, POWERED BY BIM, SERVICES AND YOUR AGREEMENT BELOW MEANS YOU HAVE ACCEPTED ALL TERMS AND CONDITIONS. IF, AT ANY TIME, YOU NO LONGER AGREE TO THESE TERMS AND CONDITIONS, YOU MUST CALL BIM CUSTOMER SERVICE at 855-767-8555 TO CLOSE YOUR Shell S Pay ACCOUNT. FOR AS LONG AS YOUR ACCOUNT STATUS IS ACTIVE, YOU WILL BE DEEMED TO ACCEPT THESE TERMS AND CONDITIONS.
THIS AGREEMENT CAN BE ACCEPTED ONLY BY AN ADULT 18 YEARS OR OLDER. BY USING THIS APPLICATION, OR BY ESTABLISHING A Shell S Pay ACCOUNT, YOU REPRESENT AND WARRANT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING AGREEMENT WITH BIM. IF YOU DO NOT MEET THIS REQUIREMENT, YOU MUST NOT ACCESS OR USE THE APPLICATION. IF YOU ESTABLISH A Shell S Pay ACCOUNT AND YOU DO NOT MEET THE AGE REQUIREMENT, WE ARE NOT LIABLE FOR ANY OF YOUR SUBSEQUENT PURCHASES OR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TRANSACTIONS.
Through Shell S Pay, Buy It Mobility Networks Inc., (“BIM”, “we” or “us”), provides access to software and services (collectively, the “Service”) that allow you to use Shell S Pay as a method of payment (“Payment”) at Equilon Enterprises d.b.a. Shell Oil Products US. In this Terms of Service, “Customer”, “user” or “you” means any person using the Service.
This agreement (“Agreement”) sets forth the terms and conditions that apply to the use of this website and/or mobile application on which BIM provides the Service to you. READ THIS AGREEMENT CAREFULLY. If you do not agree to these terms and conditions, you may not use Shell S Pay. Void where prohibited. Neither Apple, Inc. (App Store), Google, Inc. (Google Play), nor any other app store or marketplace is responsible for the Services or any contents.
1. Acceptance Of Terms.
. Any rights not expressly granted herein are reserved by Buy It Mobility Networks Inc.
2. Consent to Electronic Disclosures and Notices; Paper Copies. As part of your relationship with BIM, we want to ensure you have the information you need to effectively manage your Shell S Pay. We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. We may, however, provide some of this information to you electronically, instead, with your prior consent. By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, “Electronic Communications”) that we provide in connection with Shell S Pay. Electronic Communications include, but are not limited to: (a) agreements and policies you agree to (e.g., this User Terms and Conditions and the applicable Privacy Policies), including updates to these agreements or policies; (b) any periodic disclosures; (c) transaction summaries, confirmations or other information; (d) Shell S Pay Account history; (e) customer service communications (such as claims of error communications); and (f) promotions, offers, or coupons. We may provide these Electronic Communications to you by emailing them to you at the primary email address listed in your Shell S Pay Account, or by making them accessible in the Shell S Pay app. Communications will be provided online and viewable using in-app display features, browser software or .pdf files. In such cases, you will be able to print the Electronic Communication and/or have it emailed to you.
Electronic communications will be deemed received by you within 24 hours of the time such communication is posted or sent to you. You agree that if we send you an Electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Communications, we will be deemed to have provided the Electronic Communication to you. You may not be able to transact using Shell S Pay until we receive a valid, working primary email address from you. You may print or save a copy of these Electronic Communications for your records as they may not be accessible online later.
You are responsible for maintaining all software and hardware necessary for receiving, viewing and maintaining record of the Electronic Communications. By your acceptance of this Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to saving and/or printing) any Electronic Communications provided to you. You must have: (a) a valid email address on file with us; (b) a computer, mobile device, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Electronic Communications received from us; (c) a current version an internet browser that Shell S Pay supports; (d) an internet connection; and (e) sufficient storage space to save Electronic Communications (whether presented online, in emails or .pdf) or the ability to print Electronic Communications. We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from us.
One copy of any Electronic Communication may be provided to you without charge by contacting BIM within 90 days of the original date of the communication. You may also request paper copies of any electronic communication within 90 days of the communication by contacting BIM at 855-767-8555 or email@example.com, but we reserve the right to assess a reasonable fee for providing such paper copies after 90 days.
You may withdraw your consent to receive Electronic Communications by contacting us at 855-767-8555 or firstname.lastname@example.org. If you fail to provide or if you withdraw your consent to receive Electronic Communications, BIM reserves the right to either deny your application for a Shell S Pay account, or restrict or close your Shell S Pay account.
3. Description of the Service. Upon completion of the Enrollment Application ("Application") and acceptance by BIM, you will become eligible to use Shell S Pay, powered by BIM. Your Shell S Pay account is not a bank account. BIM is not a bank, and does not offer banking or money service business ("MSB") services as those terms are defined by the United States Department of Treasury. The Services allow merchants, from whom you buy goods or services, to directly debit your bank account as payment for goods and services.
4. Enrollment Requirements. To use Shell S Pay or engage in any of the other BIM Services, you must create and register an account with us. If you register as a Customer or otherwise use Shell S Pay, you represent and warrant to BIM that: (i) you are 18 or older; (ii) you have provided a valid and functional email address which is owned and operated by you; (iii) your registration and use of the Service is not prohibited by law; (iv) the account with your mobile service provider for the mobile device on which you are using Shell S Pay is current and in good standing; (v) you will not use Shell S Pay outside of the United States or Puerto Rico, for international transfers, or for any transaction requiring payment in foreign currency; and (vi) you have provided true, accurate, current and complete information about yourself as prompted by the Application (such information being the "Enrollment Data") and maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if BIM has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, BIM has the right to suspend or terminate your registration, or your access to the Service and refuse any and all current or future use of the Service (or any portion thereof). By enrolling in and using the Service, in addition to the terms of this Agreement, you agree to comply with all applicable federal, state and local laws, rules and regulations. You will maintain the security of your account, take responsibility for all activities that occur using your account, and accept all risks of unauthorized access resulting from your acts or omissions. You shall not share your phone, password, PIN or any of your credentials used for BIM Services nor use the Service through using the registration of any third party. You should not allow anyone else to access, use or borrow your Shell S Pay account. Your registration, and this Agreement, is personal to you, and is not transferrable by you to any third party without the prior written consent of BIM.
You further represent that you will create and/or use only one checking account, and are thereby entitled to the benefits of only one Shell S Pay Account when using the BIM Payment or Service(s). This checking account must be a consumer account. Any creation of additional Shell S Pay Account(s) shall be considered a violation of this Agreement. By registering for BIM, you hereby agree to all fees and penalties that may be applied to your Shell S Pay Account in the event BIM deems your use of the Shell S Pay as a violation of this Agreement, or in any way against the intended purpose or interest of the Services, as well as immediate termination of your Shell S Pay Account(s). You understand and agree that BIM may so choose to employ a collection agency or other business in an effort to collect any outstanding debts or fees associated with your account, and you will not contest the use of a third party to collect the fees owed to BIM.
You agree that you will be responsible for any legal, court, or collection agency fees associated with rectifying your Shell S Pay Account and all monies owed thereunder. You agree that BIM, or any agency or business employed by BIM, has the right to contact you via telephone, email or in-person using the information you provided upon registration or during any contact with BIM, in an effort to collect any monies and fees owed under your account, whether specifically referenced in this Section or not, and such contact may be made in a manual or automated fashion.
4.1 Compatible Mobile Device Operating System; Mobile Devices Generally. In order to use Shell S Pay at a point of sale terminal, you must have a compatible mobile device operating system that meets the specifications established by BIM in its sole discretion. Compatible mobile device operating systems may be established by BIM from time to time, but as of the effective date of this Agreement, compatible mobile device operating systems include Apple iOS and Android operating systems. A mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with Shell S Pay for purposes of this Agreement. The use of any modified mobile device with Shell S Pay is a violation of this Agreement and is grounds for the immediate termination of your Shell S Pay account, by BIM without notice to you, in BIM’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g. AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace for Shell S Pay (e.g. Apple, Inc., or Google, Inc. (Android)), and this Agreement does not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of Shell S Pay (e.g. data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving BIM, Apple, Inc., Google, Inc. (Android), or any other operator of an app store or marketplace. You must comply with applicable third party terms when using Shell S Pay (e.g. you cannot be in violation of your wireless provider agreement when using Shell S Pay.)
5. Enrollee Authorizations. When enrolling in Shell S Pay, you are authorizing BIM, authorized vendors, and designees to verify your identity, verify your bank account, verify your equipment, and confirm you are the owner of the bank account that you would like to use. This may include asking you for further information and/or documentation about your account usage or identity, or requiring you to take steps to confirm ownership of your email address, wireless/cellular telephone number or financial instruments, and verifying your information against third party databases or through other sources. This process is for identity verification purposes.
There are two ways of verifying your bank information: Instant Account Verification which uses methods such as entering your banking credentials from participating banks or providing information about your mobile account or, alternatively, BIM can apply one or more challenge deposit/withdrawal transactions to a checking account you specify and subsequently ask you to verify those transaction amounts. Where applicable, when enrolling using one of the Instant Account Verification options:
for how we treat your data.
(ii) You also hereby grant BIM or its authorized vendor(s) a limited power of attorney, and you hereby appoint BIM and its authorized vendor(s) as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name, place and stead, in any and all capacities, to access third party internet sites, servers or documents, retrieve information, and use your information, all as described above, with the full power and authority to do and perform each and every act and thing requisite and necessary to be done in connection with such activities, as fully to all intents and purposes as you might or could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BIM OR ITS AUTHORIZED VENDOR(S) ACCESSES AND RETRIEVES INFORMATION FROM THIRD PARTY SITES, BIM AND/OR ITS AUTHORIZED VENDOR(S) ARE ACTING AS YOUR AGENT, AND NOT THE AGENT OR ON BEHALF OF Equilon Enterprises d.b.a. Shell Oil Products US OR ANY THE THIRD PARTY. You agree that third party account providers shall be entitled to rely on the foregoing authorization, agency and power of attorney granted by you.
(iii) You understand and agree that the methods by which BIM will verify you and your information through Instant Account Verification are not endorsed or sponsored by any third party account providers used in the process. You understand that if you have arranged for additional security controls, such as two-factor authentication with a third party account provider, the third party account provider may not require BIM to apply such security controls to use Shell S Pay. You are licensing to BIM or its authorized vendor(s) any information, data, passwords, materials or other content (collectively, “Content”) you provide or that is obtained on your behalf through or to the verification process. BIM or its authorized vendor(s) may use, modify, display, distribute and create new material using such Content during the verification process or in providing Shell S Pay. By submitting Content, you automatically agree, without any time limit, and without the payment of any fees, BIM or its authorized vendor(s) may use the Content during the verification and enrollment process, and use and store the information in order to provide Shell S Pay to you. As between BIM or its authorized vendor(s), BIM owns your confidential account information. You agree not to reverse engineer or reverse compile any of the service technology, including but not limited to, any Java applets associated with the verification or enrollment process.
for how BIM treats your data.
By agreeing to this Agreement, you are authorizing BIM, its merchants, third party payment processors or other authorized vendors, and designees, to initiate Automated Clearing House (ACH) debit and credit entries to your account at the depository institution designated in the Application and to debit or credit such account on behalf of Equilon Enterprises d.b.a. Shell Oil Products US or for the verification of your checking account. You can only use this service to pay for goods and services purchased at authorized merchants. You understand that ACH transactions may take several days to post to your bank account. When you conduct this type of transaction, you are responsible for ensuring that the funds are available at the time the transaction is conducted and processed (posts) to your account. You acknowledge that the origination of ACH transactions to your account must comply with the provisions of U.S. law. You also authorize BIM and its authorized vendors and designees to provide transaction history information to Equilon Enterprises d.b.a. Shell Oil Products US.
If you enroll in Shell S Pay, you represent and warrant that you have authority to make withdrawals from and otherwise authorize debits and credits to your checking account designated in the Application. In the event that your bank does not allow electronic transactions, you authorize us or our authorized vendor(s) or designee(s) to convert the electronic transaction data to a paper draft for presentment to your bank. If any payment is returned for any reason (including NSF, Account Closed/Frozen, stop payment, etc.), you agree to pay BIM or its designee the amount of any ACH which is returned, plus the amount of the returned ACH fee and sales tax, as applicable per state law, along with any other applicable fees. Returned ACHs may be electronically re-presented to your bank for collection by BIM or its designee and will be debited by ACH from your account, without further notice, which procedures you authorize. You also agree to pay BIM or its Designee a service charge for each ACH returned for any reason, equal to an amount up to the maximum fee under applicable state law or, if there is no maximum established by applicable state law, $35, which amount the you agree is a reasonable minimum service charge. You also authorize the automatic debiting of such service charges by ACH from your account.
and these Terms, these Terms govern.
7. License to Use the Service. BIM grants you a personal, limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use Shell S Pay in accordance with this Agreement (the “License”). This License includes use of Shell S Pay app, and any software, programs, documentation, tools, internet-based or mobile-based services, components, and any updates, including, but not limited to, software maintenance, service information, help content, bug fixes and maintenance releases provided to you by BIM. Shell S Pay is subject to the intellectual property rights of Third Party Service providers and their respective licensors, existing under any foreign, state or local laws or regulations, now or hereinafter in force and effect, and in any jurisdiction worldwide, including, without limitation, patent law, industrial rights law, copyright law, moral rights law, trade secret law, trademark law (together with all of the goodwill associated therewith), unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights whether under statutory or common law (or otherwise), and any and all national, foreign, and state registrations, applications, renewals, extensions and restrictions of any of the foregoing (collectively, the “BIM Property”). You may not remove any copyright, trademark or other proprietary notices that have been placed on the BIM Property. Except as expressly permitted by this Agreement, any modification, reproduction, redistribution, republication, uploading, posting, transmitting, distributing or otherwise exploiting in any way the BIM Property, or any portion of the BIM Property, is strictly prohibited without the prior written permission of BIM.
You agree, and represent and warrant, that your use of Shell S Pay and the BIM Property, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties. In addition, you agree that you will comply with all applicable laws, regulations and ordinances relating to Shell S Pay, the BIM Property or your use of them, and that in using Shell S Pay you will not engage in any conduct that restricts or inhibits any other person from using or enjoying Shell S Pay. You further agree that you will not, and will not permit any third party to, do or attempt to do any of the following: (a) access or monitor any material or information in Shell S Pay using any manual process or robot, spider, scraper or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan or distribute any material or information provided to you by BIM; (c) use Shell S Pay in any manner that would interfere with the rights of any third party; (d) take any action that could compromise the security of Shell S Pay; (e) violate the restrictions in any robot exclusion headers in any aspect of Shell S Pay, work around, bypass, or circumvent any of the technical limitations of Shell S Pay, use any tool to enable disabled features or functionalities of Shell S Pay, or decompile, disassemble, reverse engineer or otherwise attempt to discover the source code, object code or underlying structure, ideas, or algorithms of Shell S Pay; (f) transfer any rights granted to you under this Agreement; (g) perform or attempt to perform any actions that would interfere with the proper working of Shell S Pay, prevent access to or use of Shell S Pay by other users, or impose an unreasonable or disproportionately large load on BIM’s infrastructure, including but not limited to excessively high volume data transfers or bandwidth use; or (h) otherwise use Shell S Pay except as permitted by this Agreement.
You are responsible for obtaining and maintaining the computer, smartphone and other equipment you use to access Shell S Pay, and for paying for such equipment and any telecommunications charges. We are not liable for any loss or damage you suffer arising from damage to equipment used in connection with use of Shell S Pay. You agree that you will download and install any software updates for Shell S Pay as they become available. If you do not, you recognize that Shell S Pay may be unavailable until you download and install such updates.
7.1 Unacceptable Use of Shell S Pay. You agree not to use Shell S Pay to: (i) distribute e-mail, instant messages, text messages or other communications in an illegal manner including but not limited to creating or sending hoax e-mail or chain e-mail, sending unsolicited commercial e-mail or bulk e-mail (aka spam or spamming), harvesting e-mail addresses, using open proxies or relays to allow spamming, impersonating someone else (aka spoofing) or falsifying message header information; (ii) gain unauthorized access to computer systems or engage in security attacks of any kind, including but not limited to security attacks against trust (such as e-mail spoofing, password cracking, IP spoofing and DNS poisoning), against confidentiality and integrity (by using malware such as computer viruses, worms, Trojan horses, rootkits, keyloggers, spyware or other malicious programs and code), or against availability (such as denial of service and e-mail bombs); (iii) corrupt, modify or intercept electronic communications intended for any other person or entity; (iv) interfere with or disrupt the operation of Shell S Pay; (v) conduct or engage in any illegal business or activity, infringe any third party intellectual property rights, collect, copy or process information in a way that breaches data protection laws or leads to a wrongful breach of privacy, or create, distribute, process or view any defamatory, obscene, indecent, pornographic, racist, sexist or otherwise discriminatory, misleading, deceptive, fraudulent or otherwise objectionable, offensive or illegal material; or (vi) use Shell S Pay for eligibility determinations regarding consumers for credit, insurance, employment, or any other “permissible purpose” as defined in Section 604 of the Fair Credit Reporting Act (“FCRA”).
8. Proprietary Rights. Much of the text, images, sound, music, marks, logos, compilations (meaning the collection, arrangement and assembly of information) and other content on this mobile application (collectively, the “Site Content”), and software embodied in the mobile application or otherwise used by BIM to deliver the Service (“Software”), is proprietary to us or to third parties (which shall be presented upon request) and are protected by copyright and other intellectual property laws. Except as otherwise expressly permitted by this Agreement, any use, exploitation, copying, making derivative works, transmitting, posting, linking, deep linking, redistribution, sale, decompilation, modification, reverse engineering, translation or disassembly of the Software or Site Content is prohibited. You may be subject to criminal or civil penalties for violation of this paragraph.
The mark “BIM” and the BIM logo are trademarks of BIM, and they may not be used in connection with any service or products other than those provided by BIM, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits BIM. The Service also features the trademarks, service marks, and logos of merchants and other third parties, and each owner retains all rights in such marks. Any use of such marks, or any others displayed on the Service, will inure solely to the benefit of their respective owners.
(a) Through Shell S Pay, BIM can be used as a method of payment for goods or services offered by merchants, and/or for access to coupons, discount program(s), and/or or marketing communications. You must have registered with us to engage Shell S Pay and/or available promotions. When you engage in Shell S Pay or Promotions, you are bound by this Agreement and any other program-specific Terms.
(b) Any coupon or discount program is specific to the issuer and/or merchant, and (unless otherwise noted therein) any corresponding Promotions (defined hereinafter) may not be used for goods and services from any other issuer and/or merchant. The issuer is solely responsible for all aspects of the coupons and/or discount program, honoring the coupons and/or discount program’s rewards and/or incentives (individually or collectively “Promotions”), any liabilities, injuries, losses or damages you may suffer in connection with the use of the coupons or discount program, and any unclaimed property liability arising from unredeemed Promotions, or any portion thereof. You acknowledge that BIM is not responsible for redeeming Promotions, or for any matter relating to the coupons or discount program or the Service in general.
(c) The Service is subject to the following conditions:
i. Any fraudulent use of Shell S Pay or promotions in violation of this Agreement or any other applicable terms renders the payment void. The BIM Payment and Promotion are void to the extent prohibited by law.
ii. Unless expressly allowed by the merchant, Promotions cannot be combined with any other offers, certificates or promotions.
iii. Promotions may only be applied to goods or services sold by the merchant, and may not be applied to delivery, processing or handling fees. The Promotion may not be applied to gratuities, tax, or (unless expressly permitted by the merchant) alcoholic beverages.
iv. Other than as provided below, the Promotion is only available only until the expiration date specified within the Service, or within the Promotion itself, or until issuer and/or merchant cancels the Promotion. However, some laws may require that Promotions have certain validity periods or require that Promotions not expire. If those laws apply, BIM will honor your legal entitlement to, as applicable, a credit for goods or services from the merchant beyond the expiration date. If such laws apply, you should contact BIM and request a credit or refund by emailing us at email@example.com.
v. If the merchant permits use of Promotions for alcoholic beverages, some state laws may limit the redemption of Promotions for alcoholic beverages. The Promotions are valid only to the extent redemption is permitted by law. In addition, you acknowledge that BIM and merchants may offer some Promotions only to customers in certain age brackets, and you will not use any Promotion if you are not a member of the appropriate age bracket. The issuer and/or merchant is responsible for compliance with applicable laws with respect to the BIM Payment and issuance and redemption of the Promotion.
10. Third Party Websites. The mobile application may contain links to third-party websites. The linked sites are not under our control, and we are not responsible for the contents of any linked site. We provide these links as a convenience only, and a link does not imply endorsement of, sponsorship of, or affiliation with the linked site by BIM. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any of these third parties.
11. Ideas Submitted to Us. We are pleased to hear from you and welcome your comments about Shell S Pay. If you submit ideas or suggestions for Shell S Pay, the comments will be deemed, and will remain, our sole property. None of the comments will be subject to any obligation of confidence on the part of BIM, and BIM will not be liable for any use or disclosure of any comments. Without limiting the foregoing, we will be entitled to unrestricted use and other exploitation of the comments for any purpose whatsoever, commercial or otherwise, by any means, by any media, without compensation to the provider, author, creator or inventor of the comments.
11.1 TCPA Disclosure/User Permission for Text Messaging/Alerts, Push Notifications and E-Mail. You grant BIM express written consent to receiving autodialed and prerecorded message calls, text messages or push notification alerts from BIM, or those Third Party Services providers acting on BIM’s behalf, at any mobile telephone number you provide to BIM, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express, written permission applies to messages and alerts regarding Shell S Pay and any additional Services that BIM provides. By providing your email address to BIM, you agree that BIM, or those Third Party Services providers acting on BIM’s behalf, may e-mail you Shell S Pay account registration information, account electronic transaction summaries and related information, and Shell S Pay use information with regard to Shell S Pay, customer service, in the case of fraud/suspected fraud inquiries, consumer dispute resolution, collections, or any other action related to providing Shell S Pay to you regardless of your registration of your email address on any state or federal “do not email” registry. With regard to any text messages, alerts or email relating to Shell S Pay, BIM will not include any full account numbers, access codes or similar non-public personal information in such message
12. Our Liability for Failure to Complete Transactions. If we do not complete a transfer from your account in the correct amount according with our agreement with you, we may be liable for your direct damages. However, there are some exceptions. To the extent allowed by law, we, Equilon Enterprises d.b.a. Shell Oil Products US and the merchants, will not be liable for consequential damages (including lost profits), extraordinary damages, special or punitive damages. We, and the merchants, will not be liable, for instance:
(a) If, through no fault of ours, you do not have enough money in your account to make the transfer;
(b) If a merchant refuses to accept your Shell S Pay account;
(c) If an electronic terminal where you are making a transaction does not operate properly;
(d) If access to your account has been blocked after you reported your phone or other account access device or credentials are lost or stolen;
(e) If there is a hold or the funds in your account are subject to legal process or other encumbrance restricting their use;
(f) If we have reason to believe the requested transaction is unauthorized;
(g) If circumstances beyond our control (such as fire, flood or computer or communication failure) prevent the completion of the transaction, despite reasonable precautions that we have taken.
Except for any other remedy described herein, your sole and exclusive remedy, and BIM’s and Equilon Enterprises d.b.a. Shell Oil Products US’s sole and exclusive liability, for any breach of this Agreement or for any other cause of action shall be (at BIM’s option) to remedy the failure or to give a credit to you of the amount owed.
13. Warranty, Limitation. BIM does not warrant that Shell S Pay or BIM Property will operate error-free or without downtime. We may pause or interrupt Shell S Pay at any time, and users should expect periodic downtime for updates to Shell S Pay. Because we do not control the security of the Internet, or other networks you use, BIM is not responsible for the security of information that you choose to communicate with BIM or the merchant while it is being transmitted. Additionally, BIM is not responsible for any data lost during transmission.
Shell S Pay, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THOUGH Shell S Pay, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIM AND ITS AFFILIATES, MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION), INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THOUGH Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION), INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BIM, ITS AFFILIATES AND SUPPLIERS, DO NOT WARRANT THAT ANY CONTENT OF Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) IS ACCURATE, RELIABLE OR CORRECT; THAT Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL MEET YOU REQUIREMENTS; THAT YOUR USE OF Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL BE UNINTERRUPTED OR ERROR FREE; THAT Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BIM SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS INITIATED BY YOU THROUGH Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION). IF YOU ARE DISSATISFIED WITH Shell S Pay, ANY CONTENT THEREON OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF Shell S Pay. BIM AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH Shell S Pay (INCLUDING INSTANT ACCOUNT VERIFICATION). No advice or information, whether oral or written, obtained by you from BIM or through Shell S Pay will create any warranty not expressly stated herein.
UNDER NO CIRCUMSTANCES WILL YOU BE ENTITLED TO RECOVER FROM BIM, Equilon Enterprises d.b.a. Shell Oil Products US, OR ANY MERCHANT OR ANY OF OUR VENDORS ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR LOSS OF USE, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES), WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING FROM OR RELATING TO Shell S Pay, BIM PROPERTY, ANY INCENTIVES ANY GOODS AND SERVICES PURCHASED, EVEN IF BIM OR SUCH MERCHANT HAS BEEN INFORMED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
BIM’S MAXIMUM LIABILITY TO YOU FOR ANY DAMAGES OR LIABILITY ARISING IN CONNECTION WITH Shell S Pay OR ANY DISCOUNT PROGRAM, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL BE THE AMOUNT OF THE TRANSACTION IN QUESTION PLUS $100. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF WARRANTIES OR OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
14. Your Liability for Unauthorized Transfers. You must notify BIM immediately if you believe your phone or other account access device has been lost or stolen, or if you believe your password, passcode, PIN, or any of your credentials used for Shell S Pay has been lost, stolen or compromised. Telephoning is the best way of keeping your possible losses down.
Also, if your statement provided by the financial institution holding your account shows transfers made with your Shell S Pay account or using your User ID or PIN that you did not make, tell us at once. If the State in which you established your Shell S Pay account provides for limitations on liability for fraudulent use, such limitation shall apply in place of these provisions.
(a) Contact in event of unauthorized transfer: If you believe your phone, password, PIN or any of your credentials used for Shell S Pay have been lost, stolen, or compromised call: 855-767-8555 or write: firstname.lastname@example.org
(b) Business days: For purposes of these disclosures, our business days are (Monday through Friday). US holidays recognized by the Federal Reserve are not included.
(c) Transaction types and limitations:
1. Account access. You may use Shell S Pay to pay for purchases at approved merchants.
2. Limitations on dollar amounts and frequency of Payments — For security reasons, limits may be placed on the dollar amounts of individual transactions allowed on your Shell S Pay account, the frequency of those transactions and/or on the cumulative dollar amounts of all transactions over a rolling day basis allowed on your Shell S Pay account.
Reimbursement, where applicable, shall be your sole and exclusive right and remedy for any Damages (as defined hereinafter) incurred by you arising out of, in connection with, or relating to any fraudulent use or suspected fraudulent use, and any payment of any fraud reimbursement amount will be conditioned on your signing an agreement in a form acceptable to us releasing us from any further claims with respect thereto. You agree not to knowingly flag false fraudulent claims, or knowingly report any false claims of fraudulent use. If you flag or report claims of fraudulent use that are inaccurate, deceptive or in any way fabricated, we reserve the right to cancel your Shell S Pay account immediately, and seek Damages.
15. Release of Claims; Indemnity. You acknowledge that BIM provides Shell S Pay, powered by BIM for Equilon Enterprises d.b.a. Shell Oil Products US, and that Equilon Enterprises d.b.a. Shell Oil Products US, and not BIM, is responsible for the redemption of the Promotions and the quality of the goods and services supplied. You hereby release BIM from any and all claims and liability related to any goods or services of Equilon Enterprises d.b.a. Shell Oil Products US and any act or omission of any other user of Shell S Pay.
You acknowledge that you are aware of the following provisions of section 1542 of the California Civil Code: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You expressly and voluntarily waive each and all claims, rights, or benefits you have or may have, whether such claims are currently known, unknown, foreseen or unforeseen, under section 1542 of the California Civil Code, or any other similar law of any other jurisdiction, to the full extent that it may lawfully waive such claims, rights and benefits in connection with this release.
You agree to indemnify BIM, its designees and your bank concerning the release by the bank to BIM or its designees of any information regarding your bank account(s).
Should legal action be required to collect any outstanding balance, you agree to pay all costs of collection, including attorney’s fees, to BIM or its designee.
As applicable, you will indemnify, defend and hold harmless BIM, its affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors and other representatives or the applicable Third-Party Service Provider, its parents, subsidiaries, and affiliates, and its and their directors, officers, owners, employees, agents, consultants, contractors, and other representatives (each collectively, the “Indemnified Parties”) from and against any and all claims, demands, causes of action, debts, losses, liabilities, damages, judgments, settlements, tax assessments, penalties, interest, and expenses, including reasonable attorneys’ fees, arising out of, related to, or which may arise from: (a) your use of Shell S Pay; (b) your actual or alleged breach of or non-compliance with any term of this Agreement; (c) your violation of any right of a third party in connection with your use of Shell S Pay, including but not limited to any right of privacy, publicity rights, or intellectual property rights of such third party; (d) your negligence or violation or alleged violation of any federal or state law, rule or regulation; (e) any other party’s access and/or use of Shell S Pay with your login credentials; (f) any claim by any user of any goods and services redeemed with any Promotion; (g) any claim by any third party who suffers any injury in connection with the use of any Promotion; or (h) the use or consumption of any goods or services obtained from any merchant (“Damages”). BIM reserves the right to assume the sole control of the defense and settlement of any claim, action, suit or proceeding for which you are obliged to provide indemnification hereunder. You will cooperate with BIM with respect to such defense and settlement.
16. Error Resolution Procedures. ALL QUESTIONS ABOUT TRANSACTIONS MADE WITH Shell S Pay MUST BE DIRECTED TO BIM, AND NOT TO THE BANK OR OTHER FINANCIAL INSTITUTION WHERE YOU HAVE YOUR ACCOUNT. We are responsible for Shell S Pay and for resolving any errors in transactions made using Shell S Pay. BIM will not be providing you with regular or periodic statements regarding your transactions. You should be able to see the transactions conducted using your checking account on the statement provided by the financial institution holding your checking account. The financial institution holding your account will make periodic statements available to you. SAVE THE RECEIPTS YOU ARE GIVEN WHEN YOU USE Shell S Pay, AND CHECK THEM AGAINST THE ACCOUNT STATEMENT YOU RECEIVE FROM THE FINANCIAL INSTITUTION HOLDING YOUR ACCOUNT, YOUR BANK OR OTHER FINANCIAL INSTITUTION. If you have any questions about one of these transactions, call us at: 855-767-8555 or write us at: email@example.com. We must hear from you no later than 60 days after your financial institution sent you the FIRST statement on which the problem or error appeared.
(a) Tell us your name and account number (if any).
(b) Describe the error or the transfer you are unsure about, and explain as clearly as you can why you believe it is an error or why you need more information.
(c) Tell us the dollar amount of the suspected error.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 business days. We will determine whether an error occurred within 10 business days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 business days, we may not credit your account. For errors involving new accounts, point-of-sale, or foreign-initiated transactions, we may take up to 90 days to investigate your complaint or question. For new accounts, we may take up to 20 business days to credit your account for the amount you think is in error. We will tell you the results within three business days after completing our investigation. If we decide that there was no error, we will send you a written explanation. You may ask for copies of the documents that we used in our investigation.
IF YOUR PHONE, PASSWORD, PASSCODE, PIN OR ANY OF YOUR CREDENTIALS USED FOR Shell S Pay ARE LOST, STOLEN, OR COMPROMISED, OR YOU WISH TO SUSPEND OR CANCEL YOUR Shell S Pay ACCOUNT, NOTIFY US AT ONCE by calling 855-767-8555.
If you make a claim seeking a refund or provisional credit from us, you warrant and represent that you have not made a claim for the same transaction or received a payment or refund from any other party including but not limited to your depositary financial institution or a merchant. If you have received a payment or refund from any other party and you also receive a payment or refund for the same transaction from us, you hereby authorize us to immediately reverse the payment or refund given to you by BIM.
16.1 Disclosure Regarding Use of Shell S Pay: BIM provides the Shell S Pay for merchants. The Services allow merchants to debit your account at your bank. The application and the Service is not offered by the financial institution (your “Bank”) that maintains the deposit account that you have linked to your Shell S Pay. The terms, benefits, and protections associated with your Shell S Pay account may vary from those that apply to a debit card issued by your Bank. For example, if you use your Shell S Pay account to make a purchase that exceeds the balance in the deposit account that you linked to the Shell S Pay account, that account may become overdrawn even if you chose not to allow overdrafts with respect to a debit card issued by your Bank, and you may incur associated overdraft fees. Similarly, the liability limits applicable to Shell S Pay account may be different from those applicable to a debit card issued by your Bank. Please see Section 13 for an explanation of your liability when using Shell S Pay.
17. Suspension; Modifications and Termination. BIM may change, modify or amend this Agreement by providing you notice of such change by Electronic Communication. Such changes will become effective 24 hours after being posted or sent to you. Your continued use of Shell S Pay after the effective time of any such changes will constitute your acceptance of the changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of Shell S Pay by calling Customer Care and deactivating your Shell S Pay account. Ceasing to use Shell S Pay or removing the Shell S Pay mobile app from your device will not terminate Shell S Pay. In order to terminate Shell S Pay, your Shell S Pay account must be closed.
BIM reserves the right to suspend your password and/or access to Shell S Pay at any time if it believes you are in breach of this Agreement. If you use Shell S Pay, you shall be bound by the version of the Agreement in effect at the time of your purchase. You are under an obligation to review the current version of this Agreement and other published BIM policies before using Shell S Pay. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of Shell S Pay. By continuing to use Shell S Pay after such notice and/or acceptance, you agree to be bound by these Terms as modified.
If BIM believes in its sole discretion that your Shell S Pay account has been used for unauthorized, illegal or criminal proposes, whether by you or by some other party, you give BIM express authorization to: (a) share information related to use of your Shell S Pay account, including transaction information and your personal information; (b) take necessary steps to detect or respond to instances of potential or actual fraud or other illegal activities; (c) to respond to a law enforcement agency’s request for information or cooperation in an investigation; or (d) to respond to judicial process or other valid government investigation process.
If your Shell S Pay account is terminated for any reason or no reason, you agree: (a) to continue to be bound by this Agreement, (b) to immediately stop using Shell S Pay, (c) that the license provided by BIM under this Agreement shall end, (d) that we reserve the right (but have no obligation) to delete all of the user data stored by BIM, (e) that BIM shall not be liable to you, or any third party, for compensation, reimbursement, or damages in connection with your use of Shell S Pay or for termination of access to Shell S Pay, and (f) you will remain liable for all payment transactions and other fees you initiated prior to the time of termination. Sections 3, 4, 5, 7-14 and 18, any accrued rights and remedies hereunder, and any other provisions that by their nature require survival in order to be effective, shall survive the termination or expiration of this Agreement.
18.1 Entire Agreement. This Agreement constitutes the entire agreement between you and BIM governing your use of Shell S Pay and supersedes any prior agreements between you and BIM relating to that subject matter.
18.2 Arbitration. You agree that any claim or dispute arising in relation to this User Terms and Conditions, between the you and BIM, its Designees, their parents, subsidiaries, and/or affiliates, including but not limited to claims arising out of an attempt to collect any outstanding balance, but not including any claim properly brought by any party in small claims court, shall be resolved exclusively through binding arbitration pursuant to the Federal Arbitration Act to be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures and Consumer Minimum Standards or by an equivalent arbitration administrator pursuant to its applicable rules.
18.3 Choice of Law and Forum. This Agreement is governed and interpreted under the laws of the State of New York, United States of America, without giving effect to the conflicts of laws provisions of any jurisdiction. You consent and submit to the exclusive jurisdiction of the state and federal courts located in the state of New York, United States of America, in all questions and controversies arising out of this Agreement or related to your use of the Service.
18.4 Waiver of Right to Jury; Class Action Waiver. TO THE EXTENT ALLOWED BY LAW, YOU AGREE TO IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY OR OTHER COURT TRIAL (OTHER THAN SMALL CLAIMS COURT) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.
18.5 Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. BIM reserves the right to assign this Agreement its rights and obligations hereunder to any third party without notice to you. This Agreement will be binding and inure to the benefit of the Parties hereto and their successors and permitted assigns.
18.6 Waiver and Severability of Terms. The failure of BIM to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision and the other provisions of this Agreement remain in full force and effect.
18.7 Force Majeure. Without limiting the applicability of the terms of Section 13, BIM and its Third Party Service Providers shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.
18.8 Survival. The terms of this Agreement which are expressly, or by implication, intended to continue in force notwithstanding the termination of this Agreement or your termination of use of Shell S Pay for any reason, will survive termination or expiration of this Agreement.
18.9 Survival of Claims. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Shell S Pay must be filed within one year after such claim or cause of action arose or be forever barred.
18.10 Third Party Beneficiary. The provisions of this Agreement are entered into for the benefit of BIM, its third party licensors, designees, and the merchants and each of them shall have the right to enforce such provisions of this Agreement directly against you to protect their interests.
You acknowledge and agree that BIM’s Designees have third party enforcement rights under the agreement applicable to the utilization of EFT and check processing services, including assignment of debt in connection with ACH transactions. Except as stated in this section, there shall be no other third party beneficiaries to this Agreement.
This Agreement may be executed electronically, and your electronic assent or use of Shell S Pay shall constitute execution of this Agreement. You agree that the electronic text of this Agreement constitutes a writing and your assent to the terms and conditions hereof constitutes a “signing” for all purposes. You further acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and BIM both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means.
Effective Date of these User Terms and Conditions, Version 1.02: Nov 19, 2019