Welcome to Instafuel. This Platform is owned and operated by Shell Retail and Convenience Operations LLC, a Delaware limited liability company doing business as Instafuel (“Instafuel,” “us,” “we,” or “our”).
These terms and conditions of use, together with all documents they expressly incorporate by reference (collectively, the “Terms”) represent a binding agreement between you (“User” or “you”) and us. These Terms govern your use of the website located at https://instafuel.com/ and any associated client portal or customer-specific websites (collectively, the “Platform”). Please read these carefully before you continue. By using any part of the Platform, you are agreeing to these Terms. If you do not agree to the Terms, you may not use the Platform.
Instafuel is a subsidiary of Equilon Enterprises LLC (“Shell”). Other websites operated by Shell and its affiliates and subsidiaries may contain terms and conditions which are different from these. On your journey around the Shell websites please check the terms and conditions of each website and do not assume that these terms and conditions apply to all Shell websites. You must use this Platform and any information or data (whether audio, video, image, or text) accessible on or through the Platform (“Content”) in accordance with these Terms; any applicable User documentation, manuals, and User guides available within or through the Platform; our privacy policy located at https://instafuel.com/privacy.html (the “Privacy Policy”); and Shell’s terms and conditions located at https://www.shell.com/terms-of-use.html, each of which is incorporated herein by reference.
If you wish to purchase any product or service made available through the Platform (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The Platform may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
Instafuel tries to ensure that all information provided as part of this Platform is correct at the time of inclusion on the Platform, but we do not guarantee the accuracy of such information. We are constantly updating product and service offerings on the Platform. We may experience delays in updating information on the Platform and in our advertising on other web sites. The information found on the Platform may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Platform and we cannot guarantee the accuracy or completeness of any information found on the Platform. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
All information or advice provided as part of this Platform is intended to be general in nature and you should not rely on it in connection with the making of any decision. Instafuel 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.
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Platform may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Platform.
Your username, identification number, password, license or security key, security token, PIN, or other method to verify your identity and authorization to access and use parts of the Platform are personal to you. Access credentials cannot be used my more than one individual User. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You must not share, reassign, divulge, or disclose access credentials. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Platform or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You are solely responsible for all actions taken under your access credentials.
You may not use as a username the name of another person or entity or that is not lawfully available for use or a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Without limiting any of our other legal or equitable rights, we have the right to disable access credentials at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these terms. We also reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Platform and its original content, features and functionality (the “Content”) are and will remain the exclusive property of Instafuel and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Instafuel.
As between Instafuel and you, Instafuel exclusively owns all right, title, and interest, including all related intellectual property rights, in and to the Platform, the Content, the usage data and any modification, upgrade, or enhancement to any of them (including one that incorporates your suggestions, enhancement requests, recommendations, corrections, or other feedback). Instafuel reserves the right to further develop and edit the Platform and the Content in its sole discretion. All rights not expressly granted to you are reserved by Instafuel and its licensors. Except for your limited right to use and access the Platform and Content in accordance with and subject to these Terms, we are not conveying to you any right, title, interest, or license in or related to our services, materials, Content, technology, data, or intellectual property rights, or those of any third party.
Subject to the terms and conditions set forth herein, we grant you a non-exclusive, non-transferable, non-sublicensable, limited, revocable right and license to, prior to the expiration and termination of these Terms, download, copy, make available internally, and use Content solely to the extent made available to you for such purposes through the Platform.
Trademarks, service marks, and trade names that may appear on the Platform are the property of their respective owners. Neither your access to or use of the Platform, nor these Terms, gives you a right to use the name or any other Instafuel-owned name or any of Instafuel’s trademarks, logos, domain names, or other distinctive brand features.
You hereby grant to Instafuel and its affiliates and services providers, and its and their respective licensees, successors, and assigns, the right to organize, store, analyze, access, transfer and otherwise process User data for purposes of providing the Platform and Content to you. You further grant to Instafuel and its affiliates and service providers, and its and their respective licensees, successors, and assigns, the right to use, process, disclose in an aggregated manner, at any time after it has been entered or supplied through the Platform, User data other than your personal data for Instafuel’s and its affiliates’ business purposes (including operating, maintaining, and improving the Platform and any Content or solution). Use, processing, and disclosure of your personal data is governed by our Privacy Policy.
Our Platform may contain links to third party web sites or services that are not owned or controlled by Instafuel. These links are provided in order to help you find relevant websites, services and/or products which may be of interest to you quickly and easily. You understand that the additional services and/or products available through any of these websites are offered and made available by a third party, and not by Instafuel, and, as such, may be used, edited, reproduced and distributed by such third party outside the scope of these terms and without our knowledge, endorsement, or control. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes. Instafuel is not responsible for the owners or operators of these websites or for any goods or services they supply or for the content on 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 Platform includes a link infringes the intellectual property rights of any third party). The use of third party websites is subject to the terms and conditions of the third party provider. INSTAFUEL IS NOT RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PARTY FOR ANY THIRD PARTY WEBSITES’ MATERIALS OR ANY USE THEREOF BY YOU OR ANY OTHER USER.
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 the Platform) or in some cases it may appear within the frame of the Platform page (in which case you will be able to return to the Platform by using the navigation buttons within the frame). Where an external website appears within the frame of this Platform, this is purely for ease of navigation back to the Platform 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.
We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Platform.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, provisions regarding ownership, warranty disclaimers, termination, indemnity, limitations of liability, and those falling under the “Miscellaneous” heading.
To the extent not prohibited by law, you will indemnify, hold harmless, and, at Instafuel’s request, defend Instafuel, its affiliates, and its and their respective licensee and licensors, and their employees, contractors, agents, officers, directors, successors, and assigns, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees and costs), resulting from or arising out of a) any User data or personal data you provide to the Platform (or that Instafuel gathers or collects on your behalf or that you create, generate, or process via the Platform); b) any violation of these Terms; or c) your use and access of the Platform, Content, or third party materials, in each case, except to the extent such claim, demand, damage, loss, liability, or expense arises from our sole negligence. Because software is inherently complex and may not be free from errors, you should verify the results of any service provided and the work product of the Platform.
We reserve the right at all times to disclose any information, as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, INSTAFUEL HAS NO OBLIGATION OR LIABILITY FOR ANY LOSS, ALTERATION, DESTRUCTION, CORRUPTION, OR RECOVERY OF YOUR DATA.
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM AND CONTENT ARE PROVIDED ON AN “AS IS,” ‘WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS. INSTAFUEL, ITS AFFILIATES, AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY, OR COMPLETENESS OF THE PLATFORM OR ANY CONTENT. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND COURSE OF PERFORMANCE, ARE HEREBY SPECIFICALLY DISCLAIMED.
IN NO EVENT WILL INSTAFUEL OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, BE LIABLE TO YOU FOR ANY USE, INTERRUPTION, DELAY, OR INABILITY TO USE THE PLATFORM. TO THE EXTENT YOU USE THE PLATFORM ON BEHALF OF A PARTICIPATING BUSINESS, YOU ARE PROVIDED ACCESS TO THE PLATFORM PURSUANT TO THE AGREEMENT BETWEEN THAT PARTICIPANT AND INSTAFUEL, SOLELY FOR THE BENEFIT OF YOUR PARTICIPANT AND AT YOUR PARTICIPANT’S DISCRETION. YOU ACKNOWLEDGE THAT YOU HAVE NO RIGHTS UNDER THE AGREEMENT, INCLUDING ANY RIGHTS TO ENFORCE ANY OF ITS TERMS. ANY OBLIGATION OR LIABILITY INSTAFUEL, OR ITS AFFILIATES OR ANY OF ITS OR THEIR LICENSORS OR SERVICES PROVIDERS, MAY HAVE WITH RESPECT TO YOUR USE OR INABILITY TO USE THE PLATFORM SHALL BE SOLELY TO YOUR PARTICIPATING BUSINESS PURSUANT TO THE AGREEMENT BETWEEN INSTAFUEL AND THE PARTICIPANT AND SUBJECT TO ALL LIMITATIONS OF LIABILITY SET FORTH THEREIN.
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other damages. The disclaimers, limitations of liability, and exclusions set forth in in these Terms will not apply to the extent prohibited by applicable law.
These Terms shall be governed and construed in accordance with the laws of Texas, United States, without regard to its conflict of law provisions. You consent to and submit to the jurisdiction of the applicable courts located in Houston, Texas. You waive any defenses based on lack of personal jurisdiction or venue, or inconvenient forum.
You acknowledge and agree that the Platform possesses a special, unique, and extraordinary character that would make it difficult to assess the monetary damages resulting from any unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Instafuel or other Users for which Instafuel or such other Users would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to other legal and equitable rights and remedies available to Instafuel, Instafuel shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Platform, and supersede and replace any prior agreements we might have had between us regarding the Platform.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time without notice to you. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Platform after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Platform. Any revised terms and conditions and disclaimers shall supersede all previous versions. To the extent that these Terms conflict with Shell’s terms and conditions located at https://www.shell.com/terms-of-use.html, Shell’s terms and conditions shall be deemed controlling.
If you have any questions about these Terms, please contact us.