Shell App – Terms of Use (MY)

1. Definitions:

Account: means an active account that is registered with and maintained by a User on the Shell App.

Applicable Laws: means all applicable constitutions, treaties, statutes, laws, by-laws, regulations, ordinances, codes, rules, rulings, judgments, rules of common law, orders, decrees, awards, injunctions of or made or issued by, any Government Authority (including without limitation, any relevant stock exchange or securities council), whether in Malaysia or elsewhere, as amended or modified from time to time, including without limitation any laws, rules, regulations, governmental requirements, directives, codes as well as international, federal, state, and provincial laws applicable to Users such as the Financial Services Act 2013, Anti-Money Laundering, Anti-Terrorism Financing and Proceeds of Unlawful Activities Act 2001, the Communications and Multimedia Act 1998, and similar legislations.

BonusLink: means BonusKad Loyalty Sdn Bhd (Company No. 199701022703 (438200-T)).

Content: means any text, messages, software, scripts, code, designs, graphics, images, sounds, music, videos, interactive features, website links, data, profiles, and any other forms of communications which are uploaded or made available on the Shell App or Shell website channel.

HSSE: means health, safety, security, and environment.

HSSE Standards: means all policies, manuals, standards, rules, and procedures, designed to manage HSSE risks, including any Applicable Laws relating to HSSE and other HSSE rules and procedures whether issued by Shell or otherwise, that are in force at Shell sites.

Intellectual Property: means any name, logo and/or official emblem, patents, trademarks, service marks, trade names, designs, copyrights, and other forms of intellectual or industrial property, know-how, inventions, source codes, computer codes, programming, formulae, confidential or secret processes and trade secrets, buttons, graphics, texts, sounds, music, videos, artworks, images, photographs, layout and design of the Shell App, and any other protected rights and assets, and any licenses and permissions in connection therewith, in each case in any part of the world and whether or not registered or registrable.

Points: means loyalty points issued by BonusLink for applicable purchases made via the Shell App.

SBI: means Shell Brands International AG.

Service(s): means any and all features in the Shell App which allows Users to perform transactions or make a purchase within the Shell App.

Shell: means Shell Malaysia Trading Sdn Bhd (Company No. 196501000279 : 6087-M) and/or Shell Timur Sdn Bhd (Company No. 198401000783 : 113304-H).

Shell App: means the mobile application owned by Shell and named as the “Shell Asia App”, available for download onto a mobile device on the Apple App Store and Google Play Store.

Shell Pay: means the mobile payment Service in the Shell App which allows a User to pay for products and/or services by using their mobile device at participating Shell sites.

User: means anyone who registers for an Account and uses the Shell App to purchase products and/or services, or uses the Services available on the Shell App in Malaysia, unless otherwise specified.

UGC or User Generated Content: means any Content that the User and/or other members post or otherwise make available on or through the Shell App and any associated Shell website, except to the extent that such content is owned by or licensed to Shell.

2. Registration and Usage of the Shell App

2.1. All Users must be residing in Malaysia at the time of availing the Shell App.

2.2. All Users must be aged eighteen (18) years or above. By registering for an Account, each User represents and warrants that they have attained eighteen (18) years of age or above.

2.3. Any person can become a User of the Shell App by downloading and installing the app on their mobile device, either through the Apple App Store or Google Play Store, and registering for an Account.

2.4. All Users must have a valid mobile phone number which will be used as the Users’ unique identifier to their Account. Shell does not allow multiple Accounts to be created with the same mobile phone number.

2.5. All newly-created Accounts will be automatically linked to a loyalty card number which is owned and managed by BonusLink. Users may either link their existing BonusLink card number, or request for a new card number when registering for an Account. For the avoidance of doubt, no Account can be created or remain active without a valid BonusLink card number attached to the Account.

2.6. All loyalty points earned and redeemed through the Shell App will be BonusLink Points.

2.7. The User represents and warrants that all information provided to Shell via the Shell App is true, accurate, and complete, and the User further agrees to provide Shell with up-to-date information at all times.

2.8. The User is responsible to maintain security and confidentiality of their Account, including passwords, personal identification numbers, or other log-in details in relation to the User’s Account.

2.9. To change a registered mobile phone number, a User must submit the changes via the Shell App or contact Shell’s customer care at MYShellApp@shell.com, instead of opening a new Account. If a User registers with a new mobile phone number, a new Account will be opened, and Shell will not transfer any previously collected Points to the new Account.

2.10. The User acknowledges that if they change their mobile phone number without updating their Account’s personal details or closing the Account, the new owner of the mobile phone number may register for an Account and he/she will have access to the User’s personal data, transactions history, and Points.

2.11. All Accounts created by Users in the Shell App are not transferable, cannot be copied, and can only be used by the User who registered for the Account.

2.12. Users agree not to use automated scripts to collect information from Shell App or Services.

2.13. Users agree not to provide any false personal information about themselves. Users represent and warrant that they will not to create more than one Account, create an Account on behalf of another individual, group or entity, and/or transfer their profile or Account to another User. Users also agree not to use or attempt to use another User’s Account, username, or Points for any reason.

2.14. The User agrees not to use any functionality of the Shell App for any commercial purpose whatsoever.

2.15. Shell reserves the right to cancel, withdraw, alter, or close registration for any rewards available on the Shell App at any time.

2.16. The rewards and benefits granted to the User via the Shell App for transactions made in Malaysia, are not transferable to other programs run by Shell in Malaysia or globally.

3. Earning Points

3.1. The Shell App is only applicable for purchases at participating Shell sites.

3.2. The User must either use Shell Pay, present their digital Shell card, or physical BonusLink card at time of purchase to earn Points for the transaction. Shell will not issue Points for historical transactions if this criteria is not met.

3.3. The User can earn Points at Shell stations for personal purchases only. Points earned from the purchase for other customers, even if prior consent was obtained, will be considered fraudulent and may result in suspension or termination of a User’s Account.

3.4. The User will receive Points from participating Shell stations according to the following criteria:

3.4.1. 1 Point for every 1 litre of Shell fuels purchased, including Shell FuelSave 95, Shell V-Power 97, Shell V-Power Racing, Shell FuelSave Diesel Euro 5, and Shell FuelSave Diesel Euro 5 B7;

3.4.2. 1 Point for every RM1.00 spent on any Shell Lubricants and car care range sold at Shell stations; and

3.4.3. 1 Point for every RM1.00 spent on convenience retail items, including Shell Select and deli2go.

3.5. No Points will be awarded on purchase of tobacco products, top-ups, and in-store services.

3.6 Any purchases which translate to a fraction of Points earned would be rounded off to the lower whole number. For example, 41.8 litres of Shell FuelSave 95 will yield 41 points. Similarly, a purchase of RM15.50 at Shell Select will earn you 15 Points.

3.7. Shell reserves the right to change the rate of awarding Points and the type of qualifying purchases at any time without prior notice to Users.

3.8. Shell reserves the right to grant or revoke Points for any transaction at its absolute discretion.

3.9. Participating Shell sites may also have seasonal offers, which will reward Users with extra Points for specific purchases. Details of these offers can be found on Shell App and the respective websites.

3.10. Shell reserves the right to not issue Points in combination with other offers such as promotions or discounts, unless explicitly stated otherwise.

3.11. No Points will be awarded for the items obtained as free products from offers and/or rewards.

3.12. Points earned in each transaction will be credited in real time and can be checked via the Shell App. However, in case of system delays the point balance will be updated within twenty four (24) hours from the time of transaction.

3.13. The validity of Points earned is three (3) years, subject to the terms and conditions of BonusLink, after which the Points will expire. Users can check their Points balance and Points expiry via the Shell App.

4. Redeeming points

4.1. Accumulated Points in one Account cannot be transferred or combined with any other Account.

4.2. Points earned through a User’s Account can be redeemed through the Shell App, BonusLink website, or at participating BonusLink merchants.

4.3. Points redemption can only be availed by the User.

4.4. Points earned can be redeemed for cash/voucher for purchase in participating Shell sites and for other items available in Shell App redemption catalogue.

4.5. The Shell redemption catalogue is available within the Shell App. Users will be required to select the item they wish to redeem, and the same can be availed during the next transaction at participating Shell sites.

4.6. All redemptions made via the Shell App are final. Once redeemed as part of a transaction, any Points cannot be reversed or refunded. Items purchased using Points cannot be refunded or exchanged.

4.7. If Users redeem Points for a cash-value voucher, the total value of the voucher must be consumed in a single purchase. No cashback or change will be given to Users who utilise a cash value voucher for a transaction where the spend is less than the value of the voucher.

4.8. In case of unavailability of redeemed item at a participating Shell site, Users may check for the same item at another participating site or may wait for that item to become available at their preferred site. It is the User’s responsibliity to check with the participating site if the item redeemed is available at that particular site.

5. Shell Pay

5.1. Shell Pay is applicable for the purchase of fuels at participating Shell stations, during the station’s published operating hours as listed in the Shell App which may be amended from time to time without prior notice to Users.

5.2. Prior to using Shell Pay to purchase fuels, the User is required to link an approved payment method as listed in the Shell App. The User must also be located within fifty (50) metres of a participating Shell site and switch on the GPS feature on their mobile device.

5.3. The User is repsonsible to provide accurate information when using Shell Pay, including but not limited to, the pump number where fuel will be dispensed, purchase amount, and payment method prior. Shell will not be liable for any losses incurred by the User due to inaccurate or incomplete information provided.

5.4. All fuels dispensed following successful payment with Shell Pay, are deemed to be final and the sale cannot be cancelled or refunded for any reason whatsoever. Any vouchers, coupons, or offers attached to a successful Shell Pay transaction cannot be reversed or refunded, in whole or in part.

5.5. The User is fully responsible and liable for the payment of any fees, charges, taxes, and duties incurred from the usage of Shell Pay.

5.6. All payments made with Shell Pay are processed by a third-party payment service provider and Shell assumes no liability for their services.

5.7. The User represents and warrants that they will comply to HSSE Standards at all times while using Shell Pay, including but not limited to, being in an enclosed vehicle, being inside the Shell store, being in a stationary vehicle, and not dispensing fuel. Failure to comply with the aforesaid may result in termination of the User’s Account pursuant to Clause 8.

6. Account closure

6.1. The User may choose to leave the programme at any time by requesting for Account deletion within the Shell App, or writing to Shell’s customer service at MYShellApp@shell.com

6.2. If a User’s Account is inactive for five (5) years, Shell reserves the right to close the Account with immediate effect.

6.3. The User will forfeit any unused vouchers, coupons, or rewards associated with their Account upon closure pursuant to Clause 6.1 and 6.2

6.4. The User agrees and warrants that UGC may continue to appear on or be part of the Shell App programme and any associated Shell App or Shell website, including persisting in backup copies for a reasonable period of time even after the User’s Account and/or access to Shell App programme and any associated Shell App or Shell website is terminated. These Terms of Use shall survive termination of a User’s Account or access to the Shell App.

7. Termination

7.1. The User represents and warrants that the User shall comply with any and all Applicable Laws, HSSE Standards, and/or guidelines by Shell while using the Shell App.

7.2. Shell reserves the right at its absolute discretion without any liability or notice whatsoever to the User, to reject, withdraw, suspend, cancel, and/or terminate a User’s Account, cards, coupons, vouchers, rewards, offers, features, Points, revoke or limit access the BonusLink programme and any Services thereof, delete a User’s profile and any UGC, restrict a User’s use of all or any part of the Shell App or Services at any time, prevent a User from registering for a new Account, for any or no reason, without notice and without liability to the User or anyone else, when Shell has reasonable belief of:

1. any abuse or attempted abuse of the Shell App or Services;
2. any breach or attempted breach of these Terms of Use;
3. any non-compliance to Applicable Laws or HSSE Standards; and/or
4. any behaviour relating to the Shell App or Services that involves fraud, theft, misconduct, abusive or offensive behaviour, or supplying false, inaccurate, incomplete, and/or misleading information.

7.3. The termination of a User’s Account shall not prejudice the rights or remedies of Shell which may have arisen prior to such termination and shall not prejudice any provisions of this Terms of Use which are expressed to continue or which are capable of continuing or by their nature shall continue in force after such termination.

8. Privacy and data protection

8.1. The User agrees to Shell’s privacy policy at https://www.shell.com.my/privacy/b2c-notice.html, as may be amended from time to time and accepts that it shall be deemed to be incorporated by reference and forms an integral part of these Terms of Use. Any information shared by Users via the Shell App shall be governed by Shell’s privacy policy. The privacy policy describes how Shell manages user data in accordance with Applicable Laws. All revisions to the privacy policy will be promptly notified through the Shell website. 

8.2. The User consents to our use of the User’s personal data in accordance with the terms of our privacy policy and for the User’s personal data to be used and/or disclosed in accordance with the Personal Data Protection Act 2010. The User agrees that by registering an account with Shell’s App and/or by using Shell’s App and the Services, the User has authorised and consented to the User’s personal data being disclosed to and/or stored and/or processed by such third parties as may be necessary for the purposes of providing the Services to the User.

8.3. Users who opt in to receive marketing communications from Shell via the Shell App, will receive periodic updates on their Account, promotional offers, and any other general information on Shell’s products and services. Communications will be made through the Shell App, the User’s preferred mobile number and/or the User’s email address as applicable. Users have the option to choose their preferred channel for communications. Users can opt out from receiving marketing communications by amending their preferences in the Shell App, by clicking on the “unsubscribe” link in emails, or by contacting Shell’s customer service at MYShellApp@shell.com

9. Limitation of liability

9.1. Users are responsible for the accuracy of the information entered or submitted in the Shell App. While Shell does its best to ensure that any information provided on the Shell App is correct, Shell cannot guarantee the accuracy of such information.

9.2. Shell will not liable for any goods, services, or transactions beyond the Services provided by the Shell App and participating Shell sites.

9.3. Usage of the Shell App and Services may require the User to have an internet connection, mobile phone line, or SMS. The User shall be fully responsible and liable for any fees and charges imposed by the User’s network or internet service provider to access the Shell App and/or Services.

9.4. Users agree that participation in and usage of the Shell App and Services shall be at the User’s sole risk, cost, and consequence.

9.5. Users shall fully indemnify Shell against any and all liabilities, costs, loss, damages, demands, expenses, or any other consequential loss suffered by the User or any third party, whether arising directly or indirectly as a result of the User’s usage of the Shell App or the Services, or due to the User’s breach of these Terms of Use.

9.6. Shell shall under no circumstances whatsoever be liable to Users or any third party, whether in equity, contract, tort (including negligence), breach of statutory duty, acts, omissions, or otherwise arising under or in connection with the User’s participation in the Shell App or Services for:

1. loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue;
2. losses caused by business interruption;
3. loss of goodwill or reputation;
4. loss or corruption of data, information or software; or
5. any indirect, special or consequential cost, expense, loss or damage suffered;

even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by the User and/or Shell.

10. Intellectual Property rights

10.1. All Intellectual Property contained in or on Shell App programme and any associated Shell App and Shell website shall remain the ownership of Shell or its licensors. All Content is a collective work under applicable copyright laws and is the proprietary property of Shell. Shell reserves all of its rights in respect of the Intellectual Property rights contained in the Shell App programme and any associated Shell App and Shell website and in respect of the Content.

10.2. The Shell App programme and any associated Shell App or Shell website contains trademarks including, but not limited to, the mark "Shell" and the Shell logo. All trademarks included as part of Shell App programme and any associated Shell App and Shell website are owned by SBI or its licensors. Shell reserves all of its rights in respect of the trademarks included as part of Shell App programme and any associated Shell App and Shell website.

10.3. Nothing in these Terms of Use or otherwise shall be interpreted as granting to the User any license of any Intellectual Property or Content owned by Shell, SBI, or its licensors.

11. User generated content

11.1. Users are solely responsible for their UGC, their interactions with other members and in general, their overall activity in the Shell App programme and any associated Shell App or Shell website.

11.2. Users agree not to post any content or make any communications which may expose Shell or any of other member of Shell App programme and any associated Shell App or Shell website to harm or liability of any type.

11.3. Users agree not to post or submit UGC, or a link to a website, which, is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, or offensive in a sexual, racial, cultural and/or ethnic manner.

11.4. By posting or submitting UGC to the Shell App, the User represents and warrants that they own or control all rights to the UGC. The User agrees not to submit any UGC unless the User is the owner, or have express permission of the owner to post such UGC. The User confirms not to post any photos and/or videos of another person or showing another person’s image or likeness without that person´s express written permission.

11.5. The User’s UGC is not confidential or proprietary. The User agrees to grant, and warrant that the User has the right to grant to Shell a non-exclusive, non-revocable, worldwide, transferable, royalty-free, and perpetual right to use the User’s UGC in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to translate, display, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialise without any payment due to the User.

11.6. Should any part of the Shell App or Services provide the User the option to join in or read from a forum, any communications posted on the forum solely represents the views of the individual who posted such communication and shall not be construed as the views of Shell.

11.7. The User agree not to post any UGC that includes junk mail, chain letters, pyramid schemes or other forms of solicitation.

11.8. Shell reserves the right to monitor any UGC transmitted or received through any forum provided by Shell, and, at its sole discretion and without prior notice, to review, remove or otherwise block any UGC at any time.

11.9. Shell has no obligation to prescreen, monitor, edit or remove any UGC and assumes no responsibility for the UGC, even where Shell chooses to carry out prescreening, monitoring, editing, or removal of UGC.

12. External websites or applications

12.1 The Shell App and Services may include links to external websites or applications. It is the User’s sole responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for the User’s purposes. Shell shall not be construed as recommending to Users to avail any services and/or products available through any of these websites or applications. Shell is not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications, and Shell does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application in connection with the Shell App or Services includes a link that infringes the Intellectual Property rights of any third party).

13. Indemnity

13.1. The User agrees to indemnify, defend and hold harmless Shell, SBI, its affiliates, officers, directors, employees, agents, licensors and suppliers from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to UGC, the User’s participation in or usage of the Shell App or Services, or any violation of these Terms of Use of Use, any law, or the rights of any third party.

13.2. The User further acknowledges and agrees to indemnify Shell for any loss or damage whatsoever arising, including but not limited to Points, vouchers, rewards, or payment incurred by the User as a result of the User’s failure to keep information relating to their Account secure and confidential, for any acts or omissions under the User’s Account, or the User’s usage of the Shell App or any Services therein.

14. Disclaimer

14.1. The User agrees that the Shell App and any Services therein are provided on an “as-is” basis without any warranties of any kind whether express or implied. Shell does not represent or warrant that the access or usage of the Shell App or its Services will be free of errors or defects, secure, reliable, or uninterrupted to the User. Shell does not represent or warrant the accuracy, correctness, reliability, or availability of the Shell App, Services, or Content.

15. Dispute Process

15.1. If the User notices any suspicious, unauthorised, fradulent, illegal, or unlawful activity or acts in relation to the User’s Account or usage of the Shell App or Services, the User agrees to notify Shell’s customer service immediately at MYShellApp@shell.com

15.2. Any dispute, controversy, or claim arising out of or in connection with the User’s usage of the Shell App or Services must be notified to Shell’s customer service at MYShellApp@shell.com within thirty (30) days from the date of the transaction, failing which the User is deemed to have accepted the accuracy of said transaction and no further claim shall be entertained.

15.3. The User agrees to provide Shell with relevant supporting information, and the User further agrees and consents to Shell disclosing said information to the Malaysian authorities and/or any third party service provider(s) appointed by Shell for the purposes of investigating the dispute, controversy, or claim.

16. General

16.1. These Terms of Use are applicable across the entire Shell App and Services therein. The User agrees that any participation in and usage of the Shell App and/or Services shall constitute the User’s acceptance and agreement to be bound by these Terms of Use, including any term as amended from time to time.

16.2. Shell reserves the right to vary, add, or amend these Terms of Use at any time, including amending the list of participating Shell sites where the Shell App is applicable, without any prior notice to Users.

16.3. These Terms of Use, as amended, varied, or supplemented from time to time, supersede any earlier Terms of Use issued by Shell.

16.4. The Terms of Use do not confer any enforceable rights on a person who is not party to the Terms of Use.

16.5. Any delay or failure by any party in exercising any right, power or privilege hereunder shall not constitute a waiver of such right, power or privilege by such party, nor shall any single or partial exercise thereof preclude any further exercise of any right, power or privilege.

16.6. These Terms of Use shall be governed by and construed and interpreted exclusively in accordance with the laws of Malaysia and both parties hereby submit to the exclusive jurisdiction of the Malaysian courts.

16.7.These Terms of Use shall be severable and enforceable accordingly if any of the provisions of this Terms of Use is found to be invalid, unlawful, or voided for any reason whatsoever, such invalidity shall not affect the validity and operation of the other remaining provisions of these Terms of Use.

16.8. This Terms of Use is made in bilingual, Bahasa Malaysia version and English version. In the event of a conflict between the Bahasa version and the English version, the parties agree that the English version shall prevail. 

This document was last updated on 10 January 2023.