Effective as of August 8, 2013
These Shell® Fuel Rewards® program Terms and Conditions constitute an agreement between you and Shell Oil Products US, for and on behalf of itself and Motiva Enterprises LLC (referred to herein collectively as “Shell”). Please read these Terms and Conditions carefully before registering your Fuel Rewards Network™ (FRN™) Card or otherwise participating in the Shell Fuel Rewards program. You can contact Shell at www.Shell.US.
1. The Shell Fuel Rewards Program. The Shell® Fuel Rewards® program is available only at participating Shell branded stations in the United States and Fuel Rewards® savings earned through the Shell® Fuel Rewards® program may be earned only on qualifying purchases made at participating Shell branded stations. To locate Shell stations participating in the Shell® Fuel Rewards® program in your area, visit www.fuelrewards.com or call Fuel Rewards Network™ Member Services at 1-888-603-0473. Qualifying purchases and Fuel Rewards® savings values for Shell® Fuel Rewards® program offers are designated by each individual Shell branded wholesaler or retailer at each station and those purchases and savings are subject to the specific terms and conditions of the offer as set forth in the promotional materials. Present your FRN™ Card when making qualifying purchases at participating Shell branded stations.
2. Fuel Rewards Network™. The Shell® Fuel Rewards® program is part of the Fuel Rewards Network™ which is owned and administered by Excentus Corporation (referred to herein as “Excentus”).
3. Activating Your Card. Activate your FRN™ Card at www.fuelrewards.com to manage your FRN™ Account online and track Fuel Rewards® savings earned through the FRN™ program including the Shell® Fuel Rewards® program. No more than one (1) FRN™ Card can be linked to your Fuel Rewards Network™ account at a time. Shell Fuel Rewards savings cannot be transferred to another FRN Card account.
4. Earning Rewards. Present your FRN Card when you purchase specially marked products, car washes and auto services at participating Shell branded stations and earn Fuel Rewards® savings through the Shell® Fuel Rewards® program.
5. Redeeming Rewards. Fuel Rewards® savings earned through the Shell® Fuel Rewards® program may only be redeemed at participating Shell branded stations in the United States. To redeem your Fuel Rewards® savings earned through the Shell® Fuel Rewards® program and other Fuel Rewards® savings earned through the Fuel Rewards Network™ program at the pump, follow the prompts to complete your transaction. Insert your FRN™ card before you insert your payment card. Select your form of payment and fuel grade. The price will roll down based on the number of Fuel Rewards® savings available in your FRN™ account. For purchases of $75 or more, please go inside to pay to maximize the gallons (up to 20 gallons) available for redeeming your Fuel Rewards® savings. If paying inside, show the cashier your FRN™ card before paying. After you redeem Fuel Rewards® savings at Shell, those rewards are automatically deducted from your FRN™ account.
6. Age Limitation. You must be at least eighteen (18) years of age or older to participate in the Shell® Fuel Rewards® program.
7. General Program Limitations. Fuel Rewards® savings are limited to 20 gallons of fuel per purchase per vehicle, or fraud limits placed by Shell and/or limits placed on your payment card by your financial institution, each of which may be lower. Certain products such as some unbranded diesel and alternative fuels may not be eligible for redeeming Shell® Fuel Rewards® due to dispenser technical issues. Savings are subject to a maximum required price per gallon charge of 10 cents due to technical limitations, therefore discounts above the price per gallon of gas that are not redeemed will be retained on your FRN™ card.
8. Expiration of Rewards. Fuel Rewards® savings earned through the Shell® Fuel Rewards® program expire on the last day of the following month in which they are earned. (For example, rewards earned in December expire January 31st.) The amount of rewards earned in each purchase transaction, the total amount of earned rewards and the reward amount expiring at the end of the current month will appear on your participating Shell receipt.
9. Shell Fuel Rewards Program Privacy Obligations. These Terms and Conditions apply to (i) personally identifiable information that Shell obtains from you as a result of providing the Shell® Fuel Rewards® program to you and (ii) personally identifiable information you submit to Excentus via www.fuelrewards.com when registering your FRN™ Card. If you do not agree with the terms of these Terms and Conditions, you should not provide personally identifiable information to Shell or register or use the FRN™ card.Shell uses personal information (including, but not limited to, name, address, telephone number, and email address) in order to:
From time to time, Shell may give your information to carefully selected third parties for fulfillment of the activities set out above. As part of the Shell® Fuel Rewards® program or products or services offered to you related to the Shell® Fuel Rewards® program, your information may be transferred to countries outside of the United States (“US”). By way of example, this may happen if any of our servers are from time to time located in a country outside of the US or one of our service providers is located in a country outside of the US. These countries may not have similar data protection laws to the US. If we transfer your information outside of the US in this way, we will take steps to help ensure that your privacy rights continue to be protected.
We may use third parties for the fulfillment of our obligations hereunder. However, except as set out in these Terms and Conditions, we will not disclose any personally identifiable information without your permission unless we are legally entitled or required to do so, if we believe that such action is necessary to protect and/or defend our rights, property or personal safety and those of our users/customers, etc., or if necessary to fulfill our obligations pursuant to the Shell® Fuel Rewards® program or these Terms and Conditions. In the event Shell, or any part thereof, is acquired by another company, we may transfer your information to that company and that company may use your personal data in accordance with these Terms and Conditions.
Shell may receive personal data about you from third parties. In such event, we may add this data to the data we already received from you for the purposes described in these Terms and Conditions.
Shell has implemented technology and policies with the objective of protecting your privacy from unauthorized access and improper use and will update these measures as new technology becomes available, as appropriate.
From time to time Shell may make changes to these Terms and Conditions. If we make any substantial changes to these Terms and Conditions and the way in which we use your personal data, we will post these changes online at www.fuelrewards.com . Please check for changes to these Terms and Conditions on a regular basis.
If at any time Shell offers any e-mail, feedback or forum facilities, we may collect the information which you disclose. Such information will be used in accordance with these Terms and Conditions.
Shell cannot be responsible for the privacy policies and practices of other parties. We recommend that you check the policy of each site you visit and contact the owner or operator of such website if you have any concerns or questions.
If you would like to contact us about these Terms and Conditions, you can do so by calling 1-888-467-4355.
10. Agreement to Terms. Registering your FRN™ card and any use of the FRN™ card to earn Fuel Rewards® savings earned through the Shell® Fuel Rewards® program on qualifying purchases at participating Shell branded stations and /or to redeem Fuel Rewards® savings earned through the Shell® Fuel Rewards® program on fuel purchases at participating Shell branded stations signifies your agreement to these Terms and Conditions.
11. Entire Agreement. These Terms and Conditions constitute the entire agreement between you and Shell with respect to your participation in the Shell® Fuel Rewards® program. As between you and Shell, in the event of any conflict between the Shell® Fuel Rewards® program Terms and Conditions and the Fuel Rewards Network™ program Terms and Conditions with respect to your participation in the Shell® Fuel Rewards® program, these Shell® Fuel Rewards® program Terms and Conditions shall prevail. Any cause of action you may have with respect to your use of the Shell® Fuel Rewards® program must be commenced within one (1) year after the claim or cause of action arises. You agree that any dispute arising out of the Shell® Fuel Rewards® program shall be governed by the laws of the State of Texas. If for any reason a court of competent jurisdiction finds any provision of this agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Agreement, and the remainder of this Agreement shall continue in full force and effect.
12. Changes to Terms and Conditions. Shell reserves the right at its sole discretion to cancel, change, modify, add or delete any portion of these Terms and Conditions, in whole, and/or in part at any time. Use of the FRN™ Card or other participation it the Shell® Fuel Rewards® program after modification of these Terms and Conditions will constitute your agreement to be bound by such changes.
13. Changes to Shell® Fuel Rewards® Program. Shell and participating Shell branded wholesalers and retailers reserve the right to cancel, change, suspend or discontinue any aspect of the Shell ®Fuel Rewards® program at any time without notice or liability. Shell may impose limits on features and services or restrict your access to parts or the entire Shell® Fuel Rewards® program without notice or liability.
14. Lost or Stolen Cards. FRN™ cards are the property of Excentus, administrator of the Fuel Rewards Network™ program, and may be cancelled or repossessed by Excentus at any time. Shell and Excentus are not responsible for lost or stolen cards.
15. Release. BY PARTICIPATING IN THE SHELL® FUEL REWARDS® PROGRAM, YOU RELEASE SHELL, ITS PARENT COMPANIES AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND PARTICIPATING SHELL BRANDED WHOLESALERS AND RETAILERS, FROM ANY INJURY OR HARM THAT MAY ARISE FROM PARTICIPATION IN THE SHELL® FUEL REWARDS® PROGRAM.
16. No Warranty. THE SHELL® FUEL REWARDS® PROGRAM, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE TO YOU OR ACCESSED BY YOU, IS PROVIDED “AS IS” AND “WHERE AVAILABLE” BASIS. SHELL MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER REGARDING THE SHELL FUEL REWARDS PROGRAM, EITHER EXPRESSLY OR IMPLIEDLY, FOR ANY PARTICULAR PURPOSE AND EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SHELL ASSUMES NO RESPONSIBILITY WHATSOEVER, AND SHALL NOT BE LIABLE FOR ANY DAMAGES BY YOUR USE OF THE SHELL® FUEL REWARDS® PROGRAM. SHELL, ITS PARENT COMPANIES AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND PARTICIPATING SHELL BRANDED WHOLESALERS AND RETAILERS SHALL NOT BE LIABLE FOR THE USE OF THE SHELL® FUEL REWARDS® PROGRAM, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. SHELL SHALL NOT BE LIABLE FOR ANY FAILURE OF THE SHELL® FUEL REWARDS® PROGRAM ARISING OR RESULTING FROM ACTS OR EVENTS BEYOND THE CONTROL OF SHELL.
17. No Award of Damages; Limitation of Liability. SHELL, ITS PARENT COMPANIES AND THEIR RESPECTIVE SUBSIDIARIES AND AFFILIATES, AND PARTICIPATING SHELL BRANDED WHOLESALERS AND RETAILERS SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES WHATSOEVER, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF THE USE OF THE SHELL® FUEL REWARDS® PROGRAM. THIS INCLUDES WITHOUT LIMITATION LOST PROFITS, BUSINESS INTERRUPTION, DAMAGE TO EQUIPMENT, COMPUTER PROGRAMS, OR INFORMATION SYSTEMS, OR THE LOSS OF ANY INFORMATION OR DATA. THE MAXIMUM LIABILITY COLLECTIVELY OF SHELL SHALL NOT EXCEED THE AMOUNT OF ANY EARNED REWARDS FOR ANY DAMAGES OF ANY NATURE, INCLUDING GROSS NEGLIGENCE, ARISING IN CONTRACT, TORT OR OTHERWISE.