Terms & Conditions

1. AGREEMENT TO SHELL CLUB TERMS AND CONDITIONS (“these Legal Terms”)

We are Vivo Energy Kenya Limited ("Vivo Energy Kenya," "We," "Us," "Our"), a company of the Vivo Energy group of companies operating the Shell brand across many African countries and other markets (“Group”). We operate the loyalty programme called the Shell Club Loyalty Programme (hereinafter also referred to as “Shell Club”), intended to reward registered members with loyalty points, special offers, discounts and other features that may be made available from time to time when making purchases at a Shell fuel service station.

Shell Club allows its registered members to earn loyalty points and to redeem loyalty points for rewards that will be determined and offered by Vivo Energy Kenya.

These Legal Terms apply to registered Shell Club members (“Member”, “You”, “Your”) who access and use the Shell Club Loyalty Programme.

For further information, You may contact Your in-country Customer Service Center by emailing shellclubkenya@vivoenergy.com or by calling +254709785800.

These Legal Terms constitute a legally binding agreement made between You, whether personally or on behalf of a business or any entity You may represent and Vivo Energy Kenya, concerning Your access to and use of the Shell Club Loyalty Programme. You agree that by registering as a member of the Shell Club as set out in clause 3.1, You have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING SHELL CLUB AND YOU MUST DISCONTINUE USE IMMEDIATELY.

2. GENERAL CONDITIONS

2.1. All participants in the Shell Club must be 18 years of age or older and reside in Kenya.

2.2. All types of motorists are eligible to register for the Shell Club.

2.3. Vivo Energy Kenya has the right to accept or decline any application for membership to the Shell Club at its sole discretion.

2.4. Members shall receive equal treatment in earning loyalty points for purchases made unless on special offers occurrences.

2.5. In order to participate in Shell Club, You must register with an active telephone number and accept these Legal Terms.

2.6. Your membership is personal and not transferable to a third party and may only be used at Shell fuel service stations in Kenya. You agree that Vivo Energy Kenya may, in its sole and absolute discretion, transfer and assign all or part of its rights and obligations under these Legal Terms to one or more third parties chosen by it.

2.7. Vivo Energy Kenya reserves the right to withdraw or cancel any Member’s participation in the Shell Club Loyalty Programme should it, in its sole discretion consider the Member to have acted contrary to these Legal Terms. Any decision of this nature is not subject to any review as Vivo Energy Kenya’s decision is final and binding. Loyalty points or other benefits claimed or redeemed in connection with any breach of these Legal Terms will be forfeited or reversed.

2.8. Vivo Energy Kenya may at its discretion, cease or modify these Legal Terms and the Shell Club Loyalty Programme including any of the rewards or substitute rewards or comparable value with one month’s notice to Members in writing.

2.9. These Legal Terms will prevail in the event of any conflict or inconsistency with any other communication sent to You by us, including advertising or promotional materials.

3. ENROLMENT

3.1. A customer may register to become a Member of Shell Club in the following manner:

3.1.1. Register on USSD *523#; or

3.1.2. Tap on the Shell Club Mini App on Mpesa Super App.

3.2. In all cases the Member confirms that they have accepted these Legal Terms without reservation. All registration details must be completed in full to access the Shell Club Loyalty Programme.

3.3. If You choose or are provided with a username, password or any other piece of information as part of Vivo Energy Kenya’s security procedures, You must treat such information as confidential. You must not disclose it to any third party nor allow any unauthorized person to access Your Shell Club account using your username and/or password. One is responsible for any actions that take place while using their account.

3.4. Vivo Energy Kenya is not responsible for any loss that results from the unauthorized use of the customer’s username and/or password, with or without their knowledge.

3.5. Members can update their information by emailing shellclubkenya@vivoenergy.com or by calling +254709785800 or on the Shell Club Mini App on Mpesa App by clicking on their profile.

4. EARNING LOYALTY POINTS

4.1. Customers participating in the Shell Club Loyalty Programme are eligible to earn loyalty points for purchases of Shell products: Shell fuel, Shell lubricants, Autogas, Afrigas cooking gas and purchases from Shell shops and paid for via MPESA at Shell fuel service stations (hereinafter referred to as “Qualifying Purchases” and each a “Qualifying Purchase”).

4.2. Loyalty points earned have no market value; they cannot be exchanged for cash or sold to a third party.

4.3. Loyalty points are earned upon enrolment and when Qualifying Purchases are made according to the following categories:

4.3.1. Welcome bonus – 150 points

4.3.2. Basic earn on Qualifying Purchase – 100 KES – 1 point

4.4. You can view loyalty points balances via the Shell Club Mini App on Mpesa and via USSD *523# or by calling the Shell Club call centre.

4.5. In the event that Your profile is lost for any reason, including but not limited to number deactivation, Vivo Energy Kenya shall not be held liable for the recovery of any lost loyalty points or the amendment of Your profile.

5. PERIOD OF VALIDITY OF LOYALTY POINTS

5.1. Loyalty points earned will expire in the following circumstances:

5.1.1. Where no transaction is made within 180 days of a Qualifying Purchase), all accumulated loyalty points will expire,

5.1.2. Where no redemption is made within 12 months from the date the loyalty points are earned, loyalty points generated during this period will expire,

5.1.3. Where the Member unsubscribes from the Shell Club Loyalty Programme and has a balance of loyalty points remaining,

5.1.4. Where accounts are suspended and fraud is proven, all accumulated loyalty points will expire,

5.1.5. Once Vivo Kenya Energy provides notice of closure of the Shell Club Loyalty Programme, all loyalty points balance will be forfeited two months after notice is issued.

5.1.6. The Member will be given two notices by Vivo Energy Kenya, one at 30 days and another at 15 days prior to the expiry of loyalty points to ensure that Members are notified.

5.2. Loyalty points balance will be reset to zero immediately after the lapse of the notification as provided in clause 5.1.6.

6. REWARDS AND REDEMPTION

6.1. Redemption on loyalty points earned can only be completed once the Member is fully registered and has accepted these Legal Terms.

6.2. Members can redeem their loyalty points for rewards through payment with Shell Club loyalty points, redeem for airtime and redeem for special offers available at the time of redemption. Welcome points cannot be redeemed before a transaction has taken place.

6.3. Members will be able to access their redemption transactions through viewing their transaction history on USSD *523# or via Shell Club Mini App on Mpesa App upon conversion of loyalty points for rewards.

6.4. For more information about the Vivo Energy Kenya redemption partners, rewards offered and their value in points, call Customer Services or visit the website https://www.shell.co.ke/shell-club-loyalty.html

6.5. The list of redemption partners is not exhaustive and will change the same from time to time, at the discretion of Vivo Energy Kenya. A list of current redemption partners is accessible and maintained via the Shell Club Website.

6.6. Vivo Energy Kenya shall not be liable for any losses or damages of any nature arising from technical issues or communication failures involving its technical suppliers or service providers, which may temporarily prevent the conversion of the loyalty points into rewards.

6.7. Vivo Energy Kenya may offer Members special redemption value on certain special occasions as shall be determined at its sole discretion.

7. LOYALTY POINTS TRANSFER

7.1 The Member can transfer their loyalty points to only registered Members as many times as they wish, but they cannot transfer all the loyalty points. To transfer points, a Member must have a minimum of 1000 points. The minimum number of points that can be transferred per transfer is 100 points.

8. YOUR PRIVACY MATTERS TO US

8.1. We value your privacy and protection of Your personal information. As a registered Member we will collect and process certain categories of personal information in order to maintain Your membership and benefits offered under the Shell Club Loyalty Programme.

8.2. By using Shell Club, You agree to Our applicable Privacy Policies of Vivo Energy Kenya and its Group companies available at Privacy policy | Vivo Energy

which form part of these Legal Terms that You accept when using the Shell Club Loyalty Programme. You are informed that Our systems are hosted in datacenters in the United Kingdom and South Africa, and as a result Your personal information may be transferred outside of Your country of residence and will be processed in accordance with applicable laws governing personal data collection, use, or disclosure, and as set out under Our Privacy Policy. By continuing to use the Shell Club Loyalty Programme, You acknowledge and agree to these terms.

8.3. If You suspect any violation of these Legal Terms or breach of the terms reflected under Our Privacy Policy, You may direct Your concerns to Our Data Compliance Office via email at Data.compliance@vivoenergy.com or You may report your concerns and any non-compliance anonymously via Our Whistleblowing Helpline available at https://www.vivoenergy.com/en/about-us/our-policies

9. TERMINATION OF MEMBERSHIP

9.1. Members can terminate their membership at any time using USSD *523# or by exiting the Shell Club Loyalty Programme via the Shell Club Mini App. When You cancel your membership, all remaining points balances will expire, and you will not be able to earn or redeem points for rewards.

9.2. When a Member opts out of Shell Club, all personal data, loyalty points earned, and transaction history will be deleted. Members will need to re-register as new members to rejoin.

9.3. Vivo Energy Kenya reserves the right to discontinue membership privileges and void the Member’s loyalty point balance if any unauthorised loyalty points are earned or redeemed, or if there is any unauthorised use of the Shell Club Loyalty Programme, including where Vivo Energy Kenya has a reasonable belief of any:

9.3.1. Fraud, or attempted fraud, or non-compliance with these Legal Terms.

9.3.2. Breach or attempted breach of the Legal Terms.

9.3.3. Abuse or attempted abuse of the Shell Club Loyalty Programme.

9.3.4. Behavior relating to the Shell Club Loyalty Programme and/or Shell that involves theft, misconduct, abusive or offensive behavior, and/or supplying false or misleading information.

9.4. Vivo Energy Kenya reserves the right to take legal action against such Members.

9.5. Fraud detection rules may be implemented as part of the Shell Club Loyalty Programme per product category in order to prevent and identify any potential fraudulent transactions on Member accounts.

10. LIMITATION OF LIABILITY

10.1. To the maximum extent permitted by applicable law, Vivo Energy Kenya exclude all warranties and conditions relating to the Shell Club Loyalty Programme. Nothing in this disclaimer will:

(a) Limit or exclude Vivo Energy Kenya’s liability for death or personal injury resulting from negligence.

(b) Limit or exclude Vivo Energy Kenya’s liability for fraud or fraudulent misrepresentation.

(c) Limit any of Vivo Energy Kenya’s liabilities in any way that is not permitted under applicable law.

10.2. To the fullest extent permitted by law, Vivo Energy Kenya shall under no circumstances whatsoever be liable to the Member, whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with the Shell Club Loyalty Programme for:

(a) loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;

(b) losses caused by business interruption;

(c) loss of goodwill or reputation;

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

(e) any indirect, special, or consequential cost, expense, loss or damage suffered by You in connection with your membership to the Shell Club Loyalty Programme, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by You and/or Vivo Energy Kenya; or

(f) any rewards provided by third-party redemption partners. The Member acknowledges that such rewards are offered solely by the respective redemption partners, and any claims, complaints, or disputes relating to their quality, availability, or delivery shall be directed to the relevant redemption partner.

10.3. Further, Vivo Energy Kenya shall not be liable to the Member or any third party in respect of the refusal to provide rewards, fraud, negligence, act, default, or omission or willful misconduct of:

(a) Independent contractors engaged by Vivo Energy Kenya, or their employees, contractors, or agents; and

(b) Any retail site staff or their employees, contractors or agents (including any refusal to provide rewards).

11. ELECTRONIC COMMUNICATIONS, TRANSACTIONS

11.1. Sending or receiving SMS notification, and completing online forms constitute electronic communications. You consent to receiving electronic communications from Us in connection with Your membership and use of the Shell Club Loyalty Programme, and You agree that all agreements, notices, disclosures, and other communications We provide to You electronically, via SMS, in App messages or push notifications satisfy any legal requirement that such communication be in writing.

11.2. Furthermore, with your consent, we may use the above electronic means to notify You of exclusive offers and promotions from time to time. Members may update their communication preferences at any given time should You no longer wish to receive marketing related communication.

11.3. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

11.4. You may update the communication preferences at any given time should You no longer wish to receive marketing related communication by emailing shellclubkenya@vivoenergy.com or call customer service center +254709785800.

12. INTELLECTUAL PROPERTY RIGHTS (IPR)

12.1. All intellectual property contained in or on Shell Club (except for user generated content”) is owned by Vivo Energy Kenya, Shell or their respective licensors. All content in Shell Club (except for user generated content) including, but not limited to, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, interactive features and all other content (“Content”) is a collective work under applicable copyright laws and is the proprietary property of Vivo Energy Kenya. Vivo Energy Kenya and Shell (as applicable) reserves all of its rights in respect of the IPR contained in the Shell Club Mini App and in respect of the Content.

12.2. In particular, Shell Club contains trademarks including, but not limited to, the mark "Shell" and the Shell emblem. Trademarks including, but not limited to, the mark "Shell" and the Shell emblem are owned by Shell and licensed to Vivo Energy Kenya. Other trademarks included on this Shell Club Mini App are owned by Vivo Energy Kenya, or its respective licensors. Vivo Energy Kenya and Shell (as applicable) reserve all of its rights in respect of the trademarks included on Shell Club.

12.3. Nothing in these Legal Terms shall be interpreted as granting to You any license of IPR owned by Shell, Vivo Energy Kenya or their respective licensors.

13. THIRD PARTY WEBSITES AND CONTENT

13.1. Shell Club may contain (or You may receive) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content").

13.2. Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and we are not responsible for any Third-Party Websites accessed through the Shell Club Mini App or any Third-Party Content posted on, available through, or installed from Shell Club Mini App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Us. If You decide to leave the Shell Club Loyalty Programme and access the Third-Party Websites or to use or install any Third-Party Content, You do so at your own risk, and You should be aware that these Legal Terms no longer govern such use. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Shell Club Loyalty Programme or relating to any applications You use or install.

13.3. Any purchases You make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third- Party Websites and You shall hold Us blameless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us blameless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

14. SEVERANCE

If any clause or sentence in these Legal Terms is held by a court of law to be void, illegal or unenforceable, the remaining provisions hereof will not be affected and will remain in full force and effect.

15. GOVERNING LAW

These Legal Terms are governed by and to be interpreted in accordance with the laws of Kenya. In the event of any dispute, the courts of Kenya shall have exclusive jurisdiction.