Terms and conditions

The privacy policy describes the information privacy practices that Vivo Energy Kenya Limited (Vivo Energy, VE, "we", "us", or "our", if not explicitly referring to the company) follow when handling a personal data that we collect or receive or otherwise process, conducting our business, including through our services, products, websites, employee(s) and user application(s).

1.1 Vivo Energy Kenya Limited (Vivo Energy) operates a loyalty program called "Shell Club" (Shell Club or the Loyalty Program), The Loyalty Program is intended to reward loyal Shell customers.

1.2 Shell Club allows its members to earn loyalty points and to redeem the points for rewards that will be determined by and offered by Vivo Energy Kenya from time to time as Vivo Energy Kenya will determine.

1.3 A Shell Club member(s) will earn points as shown in ARTICLE 4 herein through a purchase made directly at a Shell Fuel Service Station and payment via MPESA.

1.4 “Customer Services” means the Shell Club customer services team, which can be contacted by emailing shellclubkenya@vivoenergy.com or by calling +254 709 785 800, or information sought from the website https://loyalty.shell.co.ke

2.1 All participants must be 18 years or older and reside in Kenya.

2.2 In order to participate in Shell Club, a customer must apply for the Loyalty program by registering with an active Safaricom telephone number and by accepting these General Terms and Conditions (GTC).

2.3 Vivo Energy Kenya may in its sole discretion, cease or modify its Loyalty Program including any of the benefits offered thereunder.

2.4 Vivo Energy Kenya reserves the right to withdraw or cancel any member’s participation in the Loyalty Program should it, in its sole discretion consider the member to have acted contrary to these GTC.

2.5 The Loyalty membership issued to a member in terms of these GTC is issued by and remains the property of Vivo Energy Kenya and may only be used in accordance with these GTC.

2.6 The Loyalty membership is personal and not transferrable to a third party and may only be used at Shell Fuel Service Stations in Kenya.

2.7 Vivo Energy Kenya reserves the right to value of points determination and can at its discretion, modify the Loyalty Program rewards or substitute rewards of comparable value without notice.

2.8 Vivo Energy Kenya reserves the right to discontinue membership privileges and void the member’s point balance if any unauthorized points are earned or redeemed, or if there is any unauthorized use of the Loyalty Program, including where Vivo Energy Kenya has a reasonable belief of any:

2.8.1 Any fraud, or attempted fraud, or non-compliance with these GTC

2.8.2 Abuse or attempted abuse of the Loyalty Program.

2.8.3 Breach or attempted breach of the GTC; and/or

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

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

3.2 The member will be required to agree to the terms and conditions as a form of acknowledgement. In all cases the member confirms that they have accepted these GTCs without reservation. All registration details must be completed in full to access the program.

3.3 The terms and conditions for use of the Shell Africa App and Shell Club Mini App can be found on https://www.shell.co.ke/terms-of-use.html . Please read these terms and conditions carefully before using Apps.

3.4 These GTC constitute the contract between the member and Vivo Energy Kenya.

3.6 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 unless on special offers occurrences.

3.7 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 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.

3.8 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.

4.1 Customers participating in the Loyalty Program earn points after purchase of Shell Fuels, Shell Lubricants, Afrigas cooking gas, Welcome shops and Shell Select shop and on payment via MPESA at the Fuel Service Stations.

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

4.3 When a purchase is made, the member s point balance is credited according to its type as follows:

Shell Club Loyalty is open to all motorists within Kenya who are 18 years and above.

A member can find out their earned points via USSD *523#, Shell Club Mini App on Mpesa App or Shell Africa App.

Vivo Energy Kenya may offer the members special redemption value on certain special occasions as shall be determined at the sole discretion of Vivo Energy Kenya.

8.1 The loyalty points will expire in the following circumstances:

• 8.1.1 Upon the expiry of 180 days since a member’s last purchase of Vivo Energy Kenya products.
• 8.1.2 Upon the expiry of 12 months without a member converting the loyalty points into gifts.

8.2 The member will be given two notices, one at 30-days and another at 15 days, by Vivo Energy Kenya prior to the expiry of their points (where relevant information has been provided).

8.3 Member’s points will be reset to zero immediately on the lapse of the notification by SMS.

8.4 The member can inquire about the validity of their points by calling Customer Services.

9.1 Members can redeem their points for rewards through Payment with Shell Club points, Redeem for airtime and Redeem for special exclusive seasonal offers.

9.2 Members will be able to access their redemption transactions through viewing their transaction history on USSD *523#, Shell Club Mini App on Mpesa App and Shell Africa App upon conversion of points for rewards.

9.3 For more information about the rewards offered and their value in points, call Customer Services or visit the website https://loyalty.shell.co.ke .

9.4 Vivo Energy Kenya redemption partners can be found on Shell Club website https://loyalty.shell.co.ke ,Customer services, Shell Africa App, Shell Kenya social media pages and Shell Club Mini App on Mpesa App.

9.5 The list of earn and burn partners is not exhaustive and Vivo Energy Kenya reserves the right to change the same from time to time.

9.6 Vivo Energy Kenya 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 rewards temporarily.

11.1 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.

11.2 The member can transfer their points to only registered members as many times as they wish, but they cannot transfer all the points.

12.1 The member can opt out of Shell Club using the USSD *523#, Shell Club Mini App & Shell Club Website.

12.2 When you opt out, all your personal data, points earned, and transaction history will be deleted. You will have to opt back in and register a fresh as a new member.

14.1 Vivo Energy Kenya reserves the right to modify, suspend or permanently terminate the Loyalty Program without any compensation whatsoever to the members.

14.2 In such cases, Vivo Energy Kenya will inform the members by issuing two (2) months’ notice to the members by SMS.

14.3 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 Kenya to convert their points into gifts.

14.4 All points remaining on the account at the end of this two (2) month period will be forfeited.

15.1 The personal information collected in this form will only be used by Vivo Energy Kenya in accordance with the Privacy policy.

15.2 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 Kenya and its partners at the contact provided.

15.3 The data may also be used for marketing and statistical purposes by sharing the same with Vivo Energy Kenya affiliates and nominated third party service providers and such other purpose as may be permitted by applicable laws and regulations.

15.4 Vivo Energy Kenya may:

• 15.4.1 Seek the member’s participation (on a purely voluntary basis) in advertising campaigns, launches, customer testimonials, product testing and focus groups.
• 15.4.2 Seek the member’s feedback on the Loyalty Program product and service offerings.

15.5 The member can update their communication preferences at any given time via the Shell Club website and Shell Africa App.

15.6 For further information, relating to the use of personal information collected, members may visit the VEK Privacy Policy available on the website.

15.7 Vivo Energy Kenya and its affiliates are committed to protecting the privacy of individuals and aim to act in accordance with the

15.8 Each member reserves their rights regarding the processing of their personal information.

15.9 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.

16.1 By selecting the appropriate tick-box below, members can opt-in to receive marketing related material relevant to special offerings and promotional items.

16.2 Members may update their communication preferences 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 as in Article 16.5.

17.1 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.

17.2 The members are responsible for the accuracy of the information that they enter or submit into Shell Club.

17.3 While Vivo Energy Kenya does its best to ensure that any information provided is correct at the time of registration into the Loyalty Program, Vivo Energy Kenya cannot guarantee the accuracy of such information.

17.4 To the maximum extent permitted by applicable law, we exclude all warranties and conditions relating to the Loyalty Program. Nothing in this disclaimer will:

• 17.4.1 Limit or exclude our or their liability for death or personal injury resulting from negligence.
• 17.4.2 Limit or exclude our or their liability for fraud or fraudulent misrepresentation.
• 17.4.3 Limit any of our or their liabilities in any way that is not permitted under applicable law.

17.5 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 Loyalty Program for:

• 17.5.1 loss of actual or anticipated profit, sales, savings, use, business, business opportunity or revenue.
• 17.5.2 losses caused by business interruption.
• 17.5.3 loss of goodwill or reputation.
• 17.5.4 loss or corruption of data, information or software; or
• 17.5.5 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 Kenya.

17.6 Further, Vivo Energy Kenya 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 willful misconduct of:

• 17.6.1 Independent contractors engaged by Vivo Energy Kenya, or their employees, contractors, or agents; and
• 17.6.2 Any retail site staff or their employees, contractors or agents (including any refusal to provide gifts).

18.1 All intellectual property contained in this Loyalty Program is owned by Vivo Energy Kenya or its affiliates and licensors.

18.2 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 Kenya.

18.3 Vivo Energy Kenya reserves all its rights in respect of the IPR contained in the Loyalty Program and in respect of the Content.

18.4 Vivo Energy Kenya reserves all its rights in respect of the trademarks included on this Loyalty Program.

18.5 Trademarks including, but not limited to, the mark "Shell" and the Shell emblem are owned by Shell and licensed to Vivo Energy Kenya.

18.6 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 Kenya or their respective affiliates or licensors.