Terms and conditions
PRIVACY POLICY
The privacy policy describes the information privacy practices that Vivo Energy (VE, "we", "us", or "our", if not explicitly referring to the company) follow when handling personal
information that we collect or receive in conducting our business, including through our
services, products, websites, employee(s) and user application(s). Click to find Privacy-Policy .
ARTICLE 1: Introduction
Vivo Energy Kenya Limited (Vivo Energy) launches a loyalty program called "Shell Club" (Shell Club or the Loyalty Program), The Loyalty Program is intended to reward loyal Vivo Energy customers.
Shell Club allows its members to earn points in order to convert them into gifts that will be determined by and offered by Vivo Energy at such times as Vivo Energy will determine.
A Shell Club member (members) will earn point as shown in ARTICLE 2 herein through a purchase made directly at a Shell Fuel Service Station or at an Earn Partner.
Shell Club allows its members to earn points in order to convert them into gifts that will be determined by and offered by Vivo Energy at such times as Vivo Energy will determine.
A Shell Club member (members) will earn point as shown in ARTICLE 2 herein through a purchase made directly at a Shell Fuel Service Station or at an Earn Partner.
ARTICLE 2: GENERAL CONDITIONS
All participants must be 18 years or older and reside in Kenya.
In order to participate in the Shell Club, a customer must apply for a Loyalty card/tag by providing the details required in this form and at registration (including a telephone number) and by accepting these General Terms and Conditions (GTC).
The Loyalty Program is operated by Vivo Energy.
Vivo Energy may in its sole discretion, cease or amend its Loyalty Program including any of the benefits offered thereunder.
Vivo Energy reserves the right to withdraw or cancel any participation in the Loyalty Program should it, in its sole discretion consider any participant to have acted contrary to these GTC.
The Loyalty Card issued to a member in terms of these GTC is issued by and remains the property of Vivo Energy and may only be used in accordance with these GTC.
The Loyalty Card is personal and not transferrable to a third party and may only be used at Shell Fuel Service Stations in Kenya.
The Loyalty Card must be presented at the time of purchase. No points will be issued for past purchases.
The current redemption value of points is as shown in ARTICLE 2. Only card holders are allowed to redeem the points and Vivo Energy reserves the right to change the redemption criteria.
Vivo Energy can, at its discretion, modify the Loyalty Program gifts or substitute gifts of comparable value without notice.
Any fraud, or attempted fraud, or non-compliance with the GTC by the member shall result in the termination of membership of the member from the Loyalty Program and Vivo Energy reserves the right to take legal action against such members.
Vivo Energy reserves the right to discontinue membership privileges and void the member’s point balance and gifts if any unauthorised points are earned or redeemed, or if there is any unauthorised use of the Loyalty Program, including where Vivo Energy has a reasonable belief of any:
In order to participate in the Shell Club, a customer must apply for a Loyalty card/tag by providing the details required in this form and at registration (including a telephone number) and by accepting these General Terms and Conditions (GTC).
The Loyalty Program is operated by Vivo Energy.
Vivo Energy may in its sole discretion, cease or amend its Loyalty Program including any of the benefits offered thereunder.
Vivo Energy reserves the right to withdraw or cancel any participation in the Loyalty Program should it, in its sole discretion consider any participant to have acted contrary to these GTC.
The Loyalty Card issued to a member in terms of these GTC is issued by and remains the property of Vivo Energy and may only be used in accordance with these GTC.
The Loyalty Card is personal and not transferrable to a third party and may only be used at Shell Fuel Service Stations in Kenya.
The Loyalty Card must be presented at the time of purchase. No points will be issued for past purchases.
The current redemption value of points is as shown in ARTICLE 2. Only card holders are allowed to redeem the points and Vivo Energy reserves the right to change the redemption criteria.
Vivo Energy can, at its discretion, modify the Loyalty Program gifts or substitute gifts of comparable value without notice.
Any fraud, or attempted fraud, or non-compliance with the GTC by the member shall result in the termination of membership of the member from the Loyalty Program and Vivo Energy reserves the right to take legal action against such members.
Vivo Energy reserves the right to discontinue membership privileges and void the member’s point balance and gifts if any unauthorised points are earned or redeemed, or if there is any unauthorised use of the Loyalty Program, including where Vivo Energy has a reasonable belief of any:
- Abuse or attempted abuse of the Loyalty Program;
- Breach or attempted breach of the GTC; and/or
- Behaviour relating to the Loyalty Program and/or Shell that involves theft, misconduct, abusive or offensive behaviour, and/or supplying false or misleading information.
“Customer Services” means the Shell Club customer services team, which can be contacted by emailing [shellclubkenya@vivoenergy.com] or by calling +254 709 370 888, or information sought from the website https://loyalty.shell.co.ke .
ARTICLE 3: ENROLMENT
A customer may register to become a member of the Shell Club in the following manner
Please read these terms and conditions of use of Mobile App carefully before using the Mobile App.
These GTC constitute the contract between the member and Vivo Energy.
There will be the following membership categories:
- Calling Customer Services.
- Through the Shell Club website https://loyalty.shell.co.ke .
- On the terminal at a participating Shell Fuel Service Station.
- Through the Shell Africa mobile application .
Please read these terms and conditions of use of Mobile App carefully before using the Mobile App.
These GTC constitute the contract between the member and Vivo Energy.
There will be the following membership categories:
- Truck & Buses.
- Matatu & pickups.
- Motorcycle (i.e. Bodaboda & tuktuk) – two wheelers and three wheelers.
- Private motorists.
- Taxi.
All customers that opt to join Shell Club will be required to register based on their appropriate category as stipulated above. Members shall receive equal treatment in earning points for purchases made.
If you choose or are provided with a username, password or any other piece of information as part of Vivo Energy’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access under your username and/or password. One is responsible for any actions that take place while using their account Vivo Energy is not responsible for any loss that results from the unauthorized use of their username and/or password, with or without their knowledge.
If you choose or are provided with a username, password or any other piece of information as part of Vivo Energy’s security procedures, you must treat such information as confidential and you must not disclose it to any third party nor allow any unauthorized person access under your username and/or password. One is responsible for any actions that take place while using their account Vivo Energy is not responsible for any loss that results from the unauthorized use of their username and/or password, with or without their knowledge.
ARTICLE 4: EARNING LOYALTY POINTS
Loyalty points have no market value; they cannot be exchanged for cash or sold to a third party.
Customers participating in the Loyalty Program earn points after a purchase and on presenting their cards/tags at the participating Fuel Service Station after each purchase and/or after purchasing services or goods with Vivo Energy’s earn partners (See ARTICLE 7 for earn partners).
When a purchase is made, the member's point balance is credited according to its type as follows:
Customers participating in the Loyalty Program earn points after a purchase and on presenting their cards/tags at the participating Fuel Service Station after each purchase and/or after purchasing services or goods with Vivo Energy’s earn partners (See ARTICLE 7 for earn partners).
When a purchase is made, the member's point balance is credited according to its type as follows:
ARTICLE 5: SHELL CLUB ELIGIBILITY
Every Shell retail customer is eligible to participate in the Shell Club.
All earn partners including their employees are not eligible to participate in this Loyalty Program.
All earn partners including their employees are not eligible to participate in this Loyalty Program.
ARTICLE 6: HOW TO CHECK POINTS BALANCE
A member can find out their earned points by calling Customer Services, or through the website https://loyalty.shell.co.ke , through the Mobile App or on the terminal
provided at a Fuel Service Station.
ARTICLE 7: SPECIAL POINTS
Vivo Energy may offer the members special redemption value on certain special occasions as shall be determined at the sole discretion of Vivo Energy.
ARTICLE 8: PERIOD OF VALIDITY OF LOYALTY POINTS
The loyalty points will expire in the following circumstances:
The member can inquire about the validity of their points by calling Customer Services.
- - Upon the expiry of 180 days since a member’s last purchase of Vivo Energy products.
- - Upon the expiry of 12 months without a member converting the loyalty points into gifts.
The member can inquire about the validity of their points by calling Customer Services.
ARTICLE 9: GIFTS
The conversion of points into gifts is subject to Vivo Energy obtaining the member's personal data to be specified at registration.
Members will be notified by means of SMS to the registered contact number upon conversion of points and gift redemption.
For more information about the gifts offered and their value in points, call Customer Services or visit the website https://loyalty.shell.co.ke .
If the member fails to collect a gift within three (3) months after conversion of theirs points, the gift shall be considered as forfeited and the member will not be refunded theirs points.
Vivo Energy’s earn partners are Shell Fuel Service Stations, Shell Select shops, Welcome shops and Afrigas stands at Shell Fuel Service Stations.
Vivo Energy’s redemption partners can be found on redeem page.
The list of earn and burn partners is not exhaustive and Vivo Energy reserves the right to change the same from time to time.
Vivo Energy shall not be held liable for any losses or damages of any nature in the event of anomalies or loss of communication related to its different technical suppliers or service providers, making it impossible to convert points into gifts temporarily.
Members will be notified by means of SMS to the registered contact number upon conversion of points and gift redemption.
For more information about the gifts offered and their value in points, call Customer Services or visit the website https://loyalty.shell.co.ke .
If the member fails to collect a gift within three (3) months after conversion of theirs points, the gift shall be considered as forfeited and the member will not be refunded theirs points.
Vivo Energy’s earn partners are Shell Fuel Service Stations, Shell Select shops, Welcome shops and Afrigas stands at Shell Fuel Service Stations.
Vivo Energy’s redemption partners can be found on redeem page.
The list of earn and burn partners is not exhaustive and Vivo Energy reserves the right to change the same from time to time.
Vivo Energy shall not be held liable for any losses or damages of any nature in the event of anomalies or loss of communication related to its different technical suppliers or service providers, making it impossible to convert points into gifts temporarily.
ARTICLE 10: ORDERING AND DELIVERING OF GIFTS
The conditions for ordering and delivering gifts are defined in the gift catalogue available at Shell Fuel Service Stations participating in the Loyalty Program or by calling Customer Services.
The member shall contact Customer Services to provide all the necessary information on ordering or visit the website https://loyalty.shell.co.ke or the Mobile App.
Once the member has requested to redeem their points, they cannot revoke or reverse the request.
All redemptions are confirmed by a secret PIN, therefore, where the member’s points are redeemed without their knowledge, Vivo Energy shall not be held liable.
The member shall contact Customer Services to provide all the necessary information on ordering or visit the website https://loyalty.shell.co.ke or the Mobile App.
Once the member has requested to redeem their points, they cannot revoke or reverse the request.
All redemptions are confirmed by a secret PIN, therefore, where the member’s points are redeemed without their knowledge, Vivo Energy shall not be held liable.
ARTICLE 11: POINTS TRANSFER
To transfer points, member shall have a minimum of 1000 points. The minimum number of points that can be transferred per attempt is 100 points.
The member can transfer their points to only registered members as many times as they wish, but they cannot transfer all the points.
The member can transfer their points to only registered members as many times as they wish, but they cannot transfer all the points.
ARTICLE 12: REQUEST FOR INFORMATION
Any information relating to Shell Club can be sought from Customer Services by email – shellclubkenya@vivoenergy.com.
ARTICLE 13: HOW TO UNSUBSCRIBE FROM SHELL CLUB
The member can unsubscribe from the Loyalty Program at any time by calling Customer Services to deactivate their account and by returning their Shell Club card/tag to the following address:
[VIVO ENERGY KENYA LIMITED, Customer Services, Vienna Court, East Wing, Ground Floor, State House Crescent Road.]
All points remaining in the member's account will be forfeited upon unsubscribing and their account deactivated.
Once the member’s account has been deactivated, the member will cease to receive any communication from Vivo Energy relating to the Loyalty Program.
The member’s information may be held for a period of one (1) month after unsubscribing and thereafter the details will be deleted.
[VIVO ENERGY KENYA LIMITED, Customer Services, Vienna Court, East Wing, Ground Floor, State House Crescent Road.]
All points remaining in the member's account will be forfeited upon unsubscribing and their account deactivated.
Once the member’s account has been deactivated, the member will cease to receive any communication from Vivo Energy relating to the Loyalty Program.
The member’s information may be held for a period of one (1) month after unsubscribing and thereafter the details will be deleted.
ARTICLE 14: UPDATING MEMBERS’ INFORMATION
The member can update their information by calling Customer Services or using the website.
ARTICLE 15: LOST OR STOLEN CARD/TAG
The member is required to report any lost or stolen cards/tags, immediately by calling Customer Services.
ARTICLE 16: MODIFICATION OF SHELL CLUB
Vivo Energy reserves the right to modify, suspend or permanently terminate the Loyalty Program without any compensation whatsoever to the members. In such cases, Vivo Energy will inform the members by issuing a two (2) months notice to the members by SMS.
In the event of a termination of the Loyalty Program, members will have a period of two (2) months from the announcement made by Vivo Energy to convert their points into gifts. All points remaining on the account at the end of this two (2) months period will be forfeited.
In the event of a termination of the Loyalty Program, members will have a period of two (2) months from the announcement made by Vivo Energy to convert their points into gifts. All points remaining on the account at the end of this two (2) months period will be forfeited.
ARTICLE 17: USE OF THE MEMBERS’ INFORMATION AND PROCESSING OF PERSONAL DATA
The personal information collected in this form will only be used by Vivo Energy for the sole purpose of providing requested and related services.
By joining the Loyalty Program, the member of Shell Club agrees to the collection, processing and use of personal information provided at the time of registration or during the Loyalty Program and to receive standard communications messages and marketing materials from Vivo Energy and its partners at the contact provided.
The data may also be used for marketing and statistical purposes by sharing the same with Vivo Energy affiliates and nominated third party service providers and such other purpose as may be permitted by applicable laws and regulations.
Vivo Energy may:
For further information, relating to the use of personal information collected, members may visit the VE Privacy Policy available on the website https://www.vivoenergy.com/Home/Privacy-policy .
Vivo Energy and its affiliates are committed to protecting the privacy of individuals and aim to act in accordance with the applicable Data Protection Laws in the countries in which we operate.
Each member reserves their rights regarding the processing of their personal information.
Fraud detection rules may be implemented as part of the Loyalty Program per product category in order to prevent and identify any potential fraudulent transactions on member accounts.
By joining the Loyalty Program, the member of Shell Club agrees to the collection, processing and use of personal information provided at the time of registration or during the Loyalty Program and to receive standard communications messages and marketing materials from Vivo Energy and its partners at the contact provided.
The data may also be used for marketing and statistical purposes by sharing the same with Vivo Energy affiliates and nominated third party service providers and such other purpose as may be permitted by applicable laws and regulations.
Vivo Energy may:
- Seek the member’s participation (on a purely voluntary basis) in advertising campaigns, launches, customer testimonials, product testing and focus groups.
- Seek the member’s feedback on the Loyalty Program product and service offerings.
For further information, relating to the use of personal information collected, members may visit the VE Privacy Policy available on the website https://www.vivoenergy.com/Home/Privacy-policy .
Vivo Energy and its affiliates are committed to protecting the privacy of individuals and aim to act in accordance with the applicable Data Protection Laws in the countries in which we operate.
Each member reserves their rights regarding the processing of their personal information.
Fraud detection rules may be implemented as part of the Loyalty Program per product category in order to prevent and identify any potential fraudulent transactions on member accounts.
ARTICLE 18: MARKETING
By selecting the appropriate tick-box below, members can opt-in to receive marketing related material relevant to special offerings and promotional items.
Yes, I provide my consent to Vivo Energy and its affiliates to make use of my registered contact details for the sole purposes of providing marketing related material relevant to the Loyalty Program.
No, I do not consent to Vivo Energy and its affiliates to use my registered contact details to provide any marketing related material relevant to the Loyalty Program.
Members may update their communication preferences via the registration channels provided at ARTICLE 1 at any given time should they no longer wish to receive marketing related material, alternatively should their preferences change and wish to receive marketing material they may update this information through the same channels.
Yes, I provide my consent to Vivo Energy and its affiliates to make use of my registered contact details for the sole purposes of providing marketing related material relevant to the Loyalty Program.
No, I do not consent to Vivo Energy and its affiliates to use my registered contact details to provide any marketing related material relevant to the Loyalty Program.
Members may update their communication preferences via the registration channels provided at ARTICLE 1 at any given time should they no longer wish to receive marketing related material, alternatively should their preferences change and wish to receive marketing material they may update this information through the same channels.
ARTICLE 19: DISCLAIMER AND JURISDICTION
These terms and conditions are governed by and to be interpreted in accordance with the laws of Kenya and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the Loyalty Program the courts of Kenya will have exclusive jurisdiction over such dispute.
The members are responsible for the accuracy of the information that they enter or submit into the terminal, website, give at a call to Customer Services or enter into the Mobile App. While Vivo Energy does its best to ensure that any information provided is correct at the time of registration into the Loyalty Program, Vivo Energy cannot guarantee the accuracy of such information.
To the maximum extent permitted by applicable law, we exclude all warranties and conditions relating to the Loyalty Program (including any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
Further, Vivo Energy shall not be liable to the member or any third party in respect of the refusal to provide gifts, fraud, negligence, act, default or omission or wilful misconduct of:
The members are responsible for the accuracy of the information that they enter or submit into the terminal, website, give at a call to Customer Services or enter into the Mobile App. While Vivo Energy does its best to ensure that any information provided is correct at the time of registration into the Loyalty Program, Vivo Energy cannot guarantee the accuracy of such information.
To the maximum extent permitted by applicable law, we exclude all warranties and conditions relating to the Loyalty Program (including any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
- Limit or exclude our or their liability for death or personal injury resulting from negligence;
- Limit or exclude our or their liability for fraud or fraudulent misrepresentation;
- Limit any of our or their liabilities in any way that is not permitted under applicable law.
- (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; or
- (e) any indirect, special or consequential cost, expense, loss or damage suffered by you in connection with your membership to the Loyalty Program, even if such cost, expense, loss or damage was reasonably foreseeable or might reasonably have been contemplated by you and/or Vivo Energy.
Further, Vivo Energy shall not be liable to the member or any third party in respect of the refusal to provide gifts, fraud, negligence, act, default or omission or wilful misconduct of:
- (a) Independent contractors engaged by Vivo Energy, or their employees, contractors or agents; and
- (b) Any retail site staff or their employees, contractors or agents (including any refusal to provide gifts).
ARTICLE 20: INTELLECTUAL PROPERTY RIGHTS (“IPR”)
All intellectual property contained in this Loyalty Program is owned by Vivo Energy or its affiliates and licensors. All content in the Loyalty Program 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. Vivo Energy reserves all of its rights in respect of the IPR contained in the Loyalty Program and in respect of the Content.
In particular, all trademarks included on this Loyalty Program are owned by Vivo Energy or its licensors. Trademarks including, but not limited to, the mark "Shell" and the Shell emblem are owned by Shell and licensed to Vivo Energy. Vivo Energy reserves all of its rights in respect of the trademarks included on this Loyalty Program.
Nothing in these terms and conditions of use shall be interpreted as granting to the member any license of IPR owned by Shell, Vivo Energy or their respective affiliates or licensors.
In particular, all trademarks included on this Loyalty Program are owned by Vivo Energy or its licensors. Trademarks including, but not limited to, the mark "Shell" and the Shell emblem are owned by Shell and licensed to Vivo Energy. Vivo Energy reserves all of its rights in respect of the trademarks included on this Loyalty Program.
Nothing in these terms and conditions of use shall be interpreted as granting to the member any license of IPR owned by Shell, Vivo Energy or their respective affiliates or licensors.
ARTICLE 21: TRANSFER OF RIGHTS
Vivo Energy may transfer its rights and obligations under these GTC to any affiliate of Vivo Energy. Any such transfer will not affect their rights or Vivo Energy’s obligations under these GTC.
I hereby apply to be a member of the Shell Club and to receive a Loyalty Card and acknowledge that by completing this application, I have read, understood and agree to be bound by and comply with these General Terms and Conditions.
I hereby apply to be a member of the Shell Club and to receive a Loyalty Card and acknowledge that by completing this application, I have read, understood and agree to be bound by and comply with these General Terms and Conditions.