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Terms and conditions
Terms and conditions for use of the Shell Chemicals Customer Portal
Welcome to the Shell Chemicals Customer Portal (www.chemicals-customer-portal.shell.com) This web site is owned and operated by Shell Chemicals Limited ("SCL"), a company incorporated in England and Wales with registered number 00228931 whose registered office is Shell Centre, London SE1 7NA. The Shell Chemicals Customer Portal is an Internet-based service for customers of Shell chemicals companies.
Visitors to this web site are bound by the following terms and conditions so please read these carefully before continuing.
Disclaimer and Limitation of Liability
Shell companies have their own separate identities but in this web site SCL may sometimes use "Shell", "group", "we" or "us" when referring to Shell companies in general or where no useful purpose is served by identifying any particular Shell company. The expression "Shell Chemicals" refers to the Shell companies engaged in chemicals businesses.
- This web site may include links to non-Shell ("external") web sites. There is no responsibility on our part for the external web site concerned. These links are provided in order to help you find relevant web sites, services and/or products that may be of interest to you. It is your responsibility to decide whether any services and/or products available through any of these web sites are suitable for your purposes. Shell is not responsible for the owners or operators of any of these web sites or for any goods or services they supply nor for the content of their web sites. Shell does not give or enter into any conditions, warranties or other terms or representations in relation to any of these web sites nor accept any liability in relation to any of these web sites (including any liability arising out of any claim that the content of any external web site infringes the intellectual property rights of any third party).
- Although SCL has taken security measures to protect against the loss, misuse and unauthorized alteration of the information included or posted in the web site, no system of security measures is 100% fail-safe. Shell chemicals companies shall not be liable for any loss, release, misuse or unauthorized alteration of the information included or posted in the web site. Further, SCL tries to ensure that all information provided as part of this web site is correct and complete at the time of inclusion on the web site but does not guarantee the accuracy and completeness of such information. In addition, any pricing information, or records, listed on the web site is for general information purposes only, and does not necessarily reflect actual invoice pricing values. SCL reserves the right to modify or change such pricing information, or records, at any time in its sole discretion. You should not base any commercial decision solely on the information (including any pricing information or records) accessible via the web site without checking other information sources available to you. Shell chemicals companies shall have no liability for any commercial decisions based on the contents of this web site. Shell chemicals companies shall not be liable for any action you may take or refrain from taking 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 or refraining from taking action.
- Your use of the information and services provided by Shell chemicals companies through or via this web site is on an "as is" and "as available" basis and your use of the web site and services is at your sole risk. On that basis, except as expressly set out in these terms, Shell chemicals companies do not enter into conditions, warranties or other terms or representations in relation to the web site or the information or services provided through it (including any pricing information or records, or any implied term relating to quality or fitness for a particular purpose).
- Neither Shell nor any of its agents or subcontractors shall 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 and other software in connection with access or use of this website, the interception, modification or misuse of information transmitted to you, even if Shell is advised of the possibility of such damages.
- Shell chemicals companies make no warranty that any product shall be merchantable or fit for any particular purpose or that the use of any information in this web site or of any product will not infringe any intellectual property right. All products purchased from or supplied by Shell chemicals companies are subject to terms and conditions set out in the Contract, order acknowledgement and/or bill of lading. Shell chemicals companies warrant only that their product will meet those specifications designated as such herein or as otherwise agreed.
- This web site contains material including text, photographs and other images and sound, which are protected by copyright and/or other intellectual property rights. All copyright and other intellectual property rights in this material are either owned by a Shell chemicals company or have been licensed to SCL by the owner(s) of those rights so that SCL can use this material as part of this web site.
- This web site also contains trademarks, including the mark "Shell" and the Shell emblem. All trademarks included on this web site 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 web site.
Access Rights
As a condition of access and use of the Shell Chemicals web site, you must read and agree to be bound by the terms and conditions. The terms and conditions may be changed at any time at SCL's sole discretion. Access and use of the web site by you indicates your acceptance of the terms and conditions. If you cannot or will not abide by all the terms and conditions, you shall immediately cease access and use of the web site, and, in SCL's sole discretion, your access and use of the web site may be terminated.
- This is a private system, restricted to registered authorized users only, and Shell does monitor its usage. If you do not have authorization from SCL discontinue use immediately. Unauthorized actual or attempted use, access, communication, or examination by any persons may result in a criminal or civil prosecution.
If you receive any information through this site to which you believe you should not have access, please contact your Shell Chemicals representative immediately
Customer's representation
Each time you use web site with a user name and password you represent
- (1) That you are authorized to use this web site on behalf of the company that you indicate you represent;
- (2) That you will maintain the highest standards of integrity in any business transaction initiated via web site. In that regard, requests should reflect a genuine need on your part and should not be submitted "just to test" the response of the Shell chemicals companies.
- (3) That you agree to the terms and conditions for use of on behalf of yourself and your company and will act accordingly.
You may
- Access any part of the Web site and free of charge;
- Print one copy of any or all of the pages for your own personal reference.
You may not without SCL's express written consent
- 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 web site except as set out under "You may". These restrictions apply in relation to all or part of the material on the web site;
- Remove any copyright, trademark or other intellectual property notices contained in the original material from any material copied or printed off from the Web site;
- Link to this Web site;
If you wish to provide a hypertext or other link to this web site, please contact SCL with details of:
- The URL(s) of the web page(s) from which you are proposing to link to this web site;
- The URL(s) of the web page(s) on this web site to which you are proposing to link;
and SCL will consider your request. It is SCL's sole decision as to whether to agree to your request and SCL does not have to do so.
You must only use the web site and anything available from the web site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the web site to post, upload or otherwise transmit information or pictures that are defamatory, a breach of privacy or otherwise unlawful or is likely to damage or destroy the reputation of Shell or any third party SCL accepts no obligation to monitor the use of the web site; however, Shell may do so in its sole discretion. However, SCL 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 terms and conditions or any breach of applicable law, statute or regulation
- SCL 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.
Ordering Products
- The following terms and conditions apply only to the ordering of products by you through this website.
- The supply of products ordered by you through this website and all other obligations of relating to the supply of the ordered products, including payment, are governed by the terms of the contract between you and the Shell entity you have entered into such contract with(“the Shell Entity” and the “Contract”) and in the absence of any such Contract, by the general terms and conditions of supply of the Shell entity who has been supplying you.
- These terms and conditions and the Contract form the entire agreement between the parties with respect to the subject matter of these terms and conditions. Any other terms or conditions stipulated or referred to by you are specifically excluded. No variation or amendment of the entire agreement shall be binding on the Shell Entity unless expressed in writing and signed by a duly authorized signatory of the Shell Entity.
- For purposes of this paragraph (Ordering Products),“you” shall mean an individual user or super user of this website and/or a customer, as the context may require.
Authorization of Order
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You can only make an order for products that the Shell Entity has agreed to supply pursuant to and in accordance with the Contract.
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You must authorize the order by supplying your user ID and password upon entry into this website.
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The parties agree that authorization of the order in accordance with the above is deemed to be: (a) adequate authorization on behalf of the customer to effect purchase of the ordered products; and (b) where appropriate, constitutes signature by the customer in the ordinary course of business, under the relevant Contract.
Formation of Agreement
A contract for the supply of the ordered products between the Shell Entity and you is formed once the order has been submitted by you and accepted by Shell as indicated by Shell's written Order Confirmation
Although Shell will make reasonable endeavors to accept any order (whether or not the order was correctly authorized), you agree that Shell will not be responsible for any loss that may result from its failure or refusal to accept any order (whether or not the order was correctly authorized).
The exclusions in this paragraph will apply regardless of the type of claim you may make. The claim may be based on contract, tort (including negligence) or any other legal basis, may arise out of or in connection with your use of this website or with any delay or inability to use this website.
None of the exclusions in this paragraph will apply in respect of any liability that cannot by law be excluded, even by agreement.
Notice Board and Chat Room
- Where Shell provides chat facilities it offers a notice board and chat room for use by current registered users only. Use of the notice board and chat room is subject to these terms and conditions and any specific directions or instructions given by Shell from time to time
Submission of Material
You may submit content to SCL for inclusion on this web site by forwarding material to the Content Manager at Shell; however SCL will not be under any obligation to upload the material for inclusion in the web site.
- SCL retains the right to format the material submitted by you and to include it where it deems appropriate on the web site. SCL will not however alter the content of the material you submit and will arrange for an appropriate attribution that the material has been submitted by you, if not otherwise obvious.
- You must not submit files that contain software or other materials in breach of any intellectual property rights or in breach of confidence.
Confidentiality
- The web site is a restricted site and the material contained on the site may be commercially sensitive to Shell. You therefore 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 of this web site.
Registration, User ID and Password
- Following registration, you will be issued with an individual password and User ID which may be used to access the web site and those pages for which registration is required. You will use the password only for access to those applicable pages of the web site and not for any other purpose.
- 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 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 terms and conditions.
- 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 web site using your User ID and password.
- In the event of any failure or error in the operation of a password, you shall cease using the password and exit the web site immediately, and notify SCL of such failure or error.
- You shall cease to use and shall delete the password from any of your records upon expiry or termination of your participation on the web site web site for whatever reason.
- SCL reserves the right to change your password and User ID at any time in its sole discretion.
- You agree to notify SCL promptly of any changes to your registration details.
- SCL 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 terms and conditions or the Contract, if any.
Changes to Terms and Conditions and Other Shell Web sites
- SCL may change the terms and conditions and disclaimer set out above from time to time. By browsing this web site, you are accepting that you are bound by the current terms and conditions and disclaimer and so you should check these each time you revisit the site.
- Other Shell web sites may contain terms and conditions that are different from these terms and conditions. These terms and conditions relate to the Shell Chemicals Customer Portal. On your journey around the Shell web sites please check the terms and conditions of each web site, which you visit and do not assume that these terms and conditions apply to all Shell web sites.
Changes to/Operation of Web site
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SCL may change the format, content or functionality of this web site (including the Terms and Conditions For Use of) at any time and without notice.
- SCL does not guarantee 7 days per week 24 hours per day uninterrupted access to this web site.
- SCL may suspend the operation of this web site for support or maintenance work, in order to update the content or for any other reason.
- SCL reserves the right to terminate access to this web site at any time and without notice.
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 to the customer the information and provisions which but for this clause Shell would otherwise be required to provide pursuant to Regulations 9 (1) and (2) and Regulation 11 of the Electronic Commerce Regulations.
Data Protection
- Personal details provided to Shell Chemicals Limited through this web site will only be used in accordance with its privacy policy. Please read this carefully before continuing. By providing your personal details to SCL, you are consenting to their use in accordance with the privacy policy.
Complaints procedure
- If you have a question or complaint concerning this web-site, please use the 'contact us' option available on every screen.
Jurisdiction
- These terms and conditions 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 terms and conditions or any dispute arising in relation to the web site whether in contract or tort or otherwise, the English courts will have non-exclusive jurisdiction over such dispute.