Terms and Conditions
Terms and conditions of use for the Shell Oren website
Welcome to the Oren website ( orenmarketplace.com ) (this “ website”).
By accessing or using this website or any functionality thereof on any Device, you confirm that you have read, understood and agreed to be bound by the following terms and conditions, so please read them carefully before continuing.
1. Defined terms
means, in relation to a company, any company which directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with that company.
any content, including but not limited to information, text, software, scripts, code, designs, graphics, photos, sounds, music, videos, website links, profiles, interactive features and data.
any computer, mobile phone, tablet, console or other device used to access the website.
the Shell Privacy Notice available at https://www.shell.com/privacy.html.
has the meaning given in clause 6.3.
Shell, we, us
has the meaning given in clause 2.1.
Royal Dutch Shell plc and its Affiliates.
Shell International Petroleum Company Limited, a company incorporated in England and Wales with registered number 00621148 whose registered office is Shell Centre, London SE1 7NA.
User Generated Content
any Content that you or other website users post or otherwise make available on or through the website, except to the extent that such content is owned by or licensed to Shell.
this website, being the Oren website available at orenmarketplace.com.
these terms and conditions governing use of the Website.
any person who uses or accesses this website.
2. Owner and operator information
The Website is owned and operated by SIPC. Shell companies have their own separate identities but in these Website Terms SIPC may use the terms “ Shell”, “ we” or “ us” when referring to the Shell Group in general or where no useful purpose is served by identifying any particular Shell company.
3. Access rights
3.1 As a condition of access and use of the website, you must read and agree to be bound by these Website Terms. The Website Terms may be changed at any time at our sole discretion. Access and use of the website by you indicates your acceptance of these Website Terms. If you cannot or will not comply with all provisions of these Website Terms, you must immediately cease access and use of the website, and, in our sole discretion, your access and use of the website may be terminated.
3.2 This website is intended for B2B users only and not any individual acting in the capacity of a consumer. The website may not be used by any person who is not legally entitled to do so.
3.3 In order to use certain current or future functionalities of this website, you may be required to register or to create an account in accordance with clause 9.
3.4 If you receive any information through this site to which you believe you should not have access, please contact us immediately using the ‘Contact Us’ option available on the website.
3.5 The website contains services and features that are available to certain mobile Devices. By using the website on such Devices, you agree that we may communicate with you by electronic means to your mobile Device and that certain information relating to your use of the website may be shared with us in accordance with the Privacy Notice.
4. Disclaimer – External websites
4.1 This website may include links to external websites. When you follow such links the external website may appear as a full screen (in which case you will need to use the back button on your browser to return to this website) or in some cases it may appear within the frame of this website (in which case you will be able to return to this website by using the navigation buttons within the frame). Where an external website appears within the frame of this website, this is purely for ease of navigation back to this website and does not indicate any responsibility on our part for the external website concerned, even if it is a website owned and operated by another Shell company.
4.2 Any links to external websites are provided in order to help you find relevant websites, services and/or products which may be of interest to you. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. SIPC is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content of their websites and 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 to which this website includes a link infringes the intellectual property rights of any third party).
5. Disclaimer – Third Party Providers
5.1 This website may contain information regarding and links to the external websites of third-party providers (“ Providers”) offering goods or services (“ Products”).
5.2 In relation to such Providers and Products you understand and accept that:
5.2.1 Providers are independent of and not connected with Shell (other than any Providers which are members of the Shell Group);
5.2.2 your use of any Products is entirely at your own risk and we limit our liability to you in these Website Terms in respect of such Products;
5.2.3 Providers are solely responsible for their respective Products and your relationship with the Provider will be governed by any separate terms and conditions agreed or otherwise applicable;
5.2.4 References to Providers and Products on this website should not be construed as:
(a) any form of advice, recommendation, endorsement or solicitation;
(b) implying that Shell has made any investigation or carried out any form of due diligence on such Providers or Products; or
(c) any form of representation, warranty or guarantee that the Products are appropriate or suitable for you.
6. Limitation of liability
6.1 Although we have taken security measures to protect against the loss, misuse and unauthorized alteration of the information included or posted in the website, no system of security measures is 100% fail-safe. Shell shall not be liable for any loss, release, misuse or unauthorized alteration of the information included or posted in the website.
6.2 All information or advice provided as part of this website is intended to be general in nature and you should not rely on it in connection with the making of any decision. SIPC tries to ensure that all information provided as part of this website is correct at the time of inclusion on the website but does not guarantee the accuracy of such information (including but not limited to information regarding Providers and/or Products). SIPC is not liable for any action you may take as a result of relying on such information or advice or for any loss or damage suffered by you as a result of you taking this action.
6.3 Shell (including any Shell officers, employees, contractors, representatives or agents (collectively “ Representatives”)) shall not be liable for any damages either direct, indirect, incidental, consequential or otherwise (including but not limited to financial losses, loss of data, loss of profits, loss of business, business interruption or the like) arising out of the use or inability to use this website or the content, information or advice provided on or via this website; defects, viruses, or other malfunctions caused to any equipment or software in connection with access or use of this website; or the interception, modification or misuse of information transmitted to you; in each case even if Shell is advised of the possibility of such damages.
6.4 Without prejudice to the generality of the foregoing provisions of this clause 6, neither Shell nor any Shell Representatives shall be liable for any loss or damage arising out of your introduction to or relationship with any Provider or you use of, or inability to use, any Products (except, in respect of Providers who are members of the Shell Group, in accordance with the terms of any agreement between you and such Provider).
6.5 Nothing in these Website Terms shall limit or exclude our liability for death or personal injury caused by our negligence or wilful misconduct or for fraud or fraudulent misrepresentation.
7. No warranties
7.1 Shell makes no warranty that any product or service shall be merchantable or fit for any particular purpose or that the use of any information in this website or of any product will not infringe any intellectual property right. All products and services purchased from or supplied by Shell are subject to terms and conditions of the applicable contract(s) with the relevant Shell Group company.
7.2 Your use of the information and services provided by Shell through or via this website is on an “as is” and “as available” basis and your use of the website and services is at your sole risk. On that basis, except as expressly set out in these Website Terms, Shell does not enter into conditions, warranties or other terms or representations in relation to the website or the information or services provided through it (including any pricing information or records, any implied term relating to quality or fitness for a particular purpose, or any information relating to a Provider or Products).
8. Intellectual property rights
8.1 This website contains Content which is protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in such Content (other than User Generated Content) are either owned by a Shell company or have been licensed to Shell by the owner(s) of those rights so that Shell can use the material as part of this website.
8.2 This website also contains trademarks, including the mark “Shell” and the Shell emblem. All Shell trademarks included on this website belong to Shell Brands International AG or another Shell company or have been licensed to it by the owner(s) of those trademarks for use on this website.
8.3 We reserve all of our rights in respect of any intellectual property rights contained in the website and in any Content.
9. Acceptable use
9.1 You may:
9.1.1 access any part of the Website to which we grant you access from time to time; and
9.1.2 print one copy of any or all of the pages for your own personal reference.
9.2 You must only use the website and anything available from the website for lawful purposes, and you must comply with all applicable laws, statutes and regulations.
9.3 You may not without Shell’s express written consent:
9.3.1 copy (whether by printing onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), republish, broadcast, reproduce, alter or tamper with in any way or otherwise use any material contained in the website except as set out under clause 8.1 above (including User Generated Content, unless it is your own User Generated Content that you lawfully post or submit to the Website in accordance with these Website Terms). These restrictions apply in relation to all or part of the material on the website;
9.3.2 remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the website; or
9.3.3 link to the website. If you wish to provide a hypertext or other link to this website, please contact us with details of (i) the URL(s) of the web page(s) from which you are proposing to link to this website, and (ii) the URL(s) of the web page(s) on this website to which you are proposing to link, and we will consider your request. It is in Shell’s sole decision as to whether to agree to your request.
9.4 You may not:
9.4.1 use the website in a way which could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, including fraudulent or malicious acts such as hacking into, or inserting malicious codes, including viruses, or harmful data into, the website or any associated operating system;
9.4.2 circumvent or modify any website security technology or software; or
9.4.3 collect or harvest any information or data from the website or our systems, or attempt to decipher any transmissions to or from the servers running any part of the website.
9.5 You may not use the website to post, upload or otherwise transmit information or pictures that are defamatory, a breach of privacy or otherwise unlawful or is likely to damage the reputation of Shell or any third party.
9.6 Shell accepts no obligation to monitor the use of the website, although Shell may do so in its sole discretion. Shell reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials or block your access at its sole discretion and without notice, and/or take such other action as may be reasonably necessary to prevent any breach of these Website Terms, any breach of a contract between you and Shell, or any breach of applicable law, statute or regulation.
9.7 Shell will also in its absolute discretion fully cooperate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.
10. Registration, User ID and Password
10.1 Where applicable, following registration you will be issued with an individual password and User ID which may be used to access those pages of the website for which registration is required. You will use the password only for access to those applicable pages of the website and not for any other purpose.
10.2 Each time you use the website with a user name and password you represent:
10.2.1 that you are authorized to use this website on behalf of the company that you indicate you represent; and
10.2.2 that you agree to these Website Terms on behalf of yourself and your company and will act accordingly.
10.3 You must keep your password confidential at all times and must not disclose the password or permit anyone else to use your password outside your company. The password should only be shared with persons inside your company who have a need to know, and you must prevent the unauthorised use of your User ID and password. You may not transfer or assign a User ID and password to any third party. Any breach of any of these Website Terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you and will not relieve you of your obligations under these Website Terms.
10.4 You agree to notify Shell immediately if you determine that an unauthorized party has gained access to your User ID and password, or that a person previously authorized by you is no longer authorized for any reason, including but not limited to, termination of employment. Further, you shall be liable for any unauthorized access to the website using your User ID and password.
10.5 In the event of any failure or error in the operation of a password, you shall cease using the password and exit the website immediately, and notify Shell of such failure or error.
10.6 You shall cease to use and shall delete the password from any of your records upon expiry or termination of your participation on the website for whatever reason.
10.7 Shell reserves the right to change your password and User ID at any time in its sole discretion.
10.8 You agree to notify Shell promptly of any changes to your registration details.
10.9 Shell shall be entitled to cancel or limit the your access to or use of this website including suspending or terminating user registration and/or refusing to process orders if you breach these Website Terms.
11. User Generated Content
11.1 Use of any functionality which allows you to post or submit any User Generated Content on or through the website (including but not limited to any notice board, forum, chat or messaging facilities) is subject to these Website Terms and any specific directions or instructions given by Shell from time to time.
11.2 You are solely responsible for your User Generated Content, your interactions with other users of the website and your activity on the website. You agree not to post any content or make any communications which may expose us or any of the website’s users to harm or liability of any type. You agree not to post or submit User Generated Content, or a link to any other website, which is illegal, fraudulent, deceptive, misleading, libellous, infringing, harassing, hateful, threatening, abusive, pornographic, offensive or otherwise objectionable. You agree not to post any User Generated Content that includes “junk mail”, “chain letters”, “pyramid schemes” or other forms of solicitation, or to use automated scripts to collect information from the website.
11.3 You confirm that you own or control all rights in any User Generated Content that you post or submit on or through the Website. You agree not to submit User Generated Content unless you are the owner or have permission of the owner to post such User Generated Content. You confirm not to post photos or videos of another person or showing another person without that person´s permission.
11.4 Your User Generated Content is not confidential or proprietary. You grant, and warrant that you have the right to grant to us a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content 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 commercialize without any payment due to you.
11.5 Should any part of this website offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of Shell.
11.6 You agree not to provide any false personal information about yourself, or create an account on behalf of another company, group or entity, or transfer your profile or account. You agree not to use or try to use another person's account, username or password.
11.7 We have no obligation to prescreen, monitor, edit or remove User Generated Content and assume no responsibility for User Generated Content, even where we choose to carry out prescreening, monitoring, editing or removal of User Generated Content.
11.8 We reserve the right to monitor any information transmitted or received through the website, and, in our sole discretion and without prior notice, to review, remove or otherwise block any User Generated Content posted or submitted by you.
11.9 Indemnity. You undertake to indemnify, defend and hold harmless SIPC, its Affiliates and their respective Representatives from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, legal costs arising from or relating in any way to your User Generated Content, your use of the website and any Content, and/or any violation of these Website Terms, any applicable law or the rights of any third party.
The website is a restricted site and the material contained on the site may be commercially sensitive to Shell. You agree that you will not disseminate or disclose this material (unless otherwise publicly available) to any third parties or to parties who are not registered users with permission to access to such material.
13. Changes to these Website Terms and other Shell websites
13.1 We may change these Website Terms at any time without notice, effective upon posting the amended Website Terms to the website. In the event that the Website Terms are amended, you will be asked to accept those revised Website Terms when you next use the website. Any use of the website thereafter will be on the basis of those revised Website Terms.
13.2 Other Shell websites may contain terms and conditions that are different from these Website Terms. These Website Terms relate to the [Shell Oren] website. On your journey around other Shell websites please check the terms and conditions of each website which you visit and do not assume that these Website Terms apply to all Shell websites.
14. Changes to/operation of Website
14.1 Shell may change the format, content or functionality of this website at any time and without notice.
14.2 Shell may suspend the operation of this website for support or maintenance work, in order to update the content or for any other reason.
15.1 Shell reserves the right in its sole discretion to terminate your account and/or access to the website or any functionalities thereof, delete your profile and any User Generated Content, and/or restrict your use of all or any part of the website at any time, for any or no reason, without notice and without liability to you or anyone else . After any such action has been taken, you are not allowed to create a new account to circumvent such termination, deletion or restriction.
15.2 You agree that your User Generated Content may continue to appear on the website or may persist in backup copies even after your account and/or access to the website is terminated.
15.3 These Website Terms remain in effect after your account and/or access to the website is terminated.
16. Electronic Commerce Regulations
Insofar as the Electronic Commerce (EC Directive) Regulations 2002 (“Electronic Commerce Regulations”) apply to your use of this website, the parties agree that Shell shall be under no duty to provide any information or provisions which but for this clause Shell might otherwise be required to provide pursuant to Regulations 9 (1) and (2) and Regulation 11 of the Electronic Commerce Regulations.
17. Data Protection
Personal data provided to Shell through this website will only be used in accordance with the Privacy Notice. Please read the Privacy Notice carefully before continuing. By providing your personal details or other personal data to Shell, you are consenting to their use in accordance with the Privacy Notice. The Privacy Notice is incorporated into these Website Terms by this reference.
18. Complaints procedure
If you have a question or complaint concerning this website, please use the ‘Contact Us’ option available on the website.
19. Transfer of rights
Shell may transfer its rights and obligations under these Website Terms to any member of the Shell Group. Any such transfer will not affect your rights or our obligations under these Website Terms.
Each of the clauses or sub-clauses of these Website Terms operates separately. If any court or relevant authority decides that any of them (in whole or in part) are unlawful or unenforceable, the remaining clauses or sub-clauses (or part thereof) will remain in full force and effect.
These Website Terms are governed by and are to be interpreted in accordance with English law and, in the event of any dispute arising in relation to these Website Terms or any dispute arising in relation to the website whether in contract or tort or otherwise, the English courts will have non-exclusive jurisdiction over such dispute.