1.1 Thank you for registering and setting up your account for the bp charge network in New Zealand, a service giving you access to the bp charge network of electric vehicle charging points (bp charge network) as provided by bp Oil New Zealand Limited (“bp charge”, “us” or “our”).
1.2 The terms and conditions set out or referred to below (“Terms”) apply to the services provided through the bp charge Websites (“Websites”), smartphone applications (“Apps”) and/or bp charge card now and in the future for use in New Zealand, in connection with your access to and use of charging points on the bp charge network to charge an electric vehicle (“Services”).
1.3 Before using the Services, you should read these Terms carefully. They contain important information about the steps you must take to keep your account secure, restrictions on using the Services, how we or you can end the Services and our limitations on our liability to you. If you do not agree to these Terms, you must not access, or must stop accessing, the Services.
1.4 If you have any questions about these Terms or wish to notify us of any of the matters referred to in these terms, please contact bp charge by email at evdriversupportNZ@bp.com. You can also contact us by telephone on 0800 002788.
1.5 The Services include:
1.6 Use of the Services is subject to our approval, at our discretion, and may only be available to eligible customers, including account holders and guest users.
1.7 As detailed below, the Terms incorporate our privacy statement, privacy collection notice, bp charge and third party terms and conditions referred to below, and updates made to the Terms in the future.
2.1 To become an account holder, you must:
2.2 You must ensure that all information that you provide when you create an Account and use the Websites and/or Apps is accurate, up to date and not misleading.
2.3 You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the Apps, Websites and Services.
2.4 When you are at a bp forecourt you may only use your mobile device for any purpose, including accessing the Services, while in your stationary vehicle, inside the bp store or next to your vehicle in a designated charging bay when deemed safe to do so.
3.1 You may also opt to purchase a bp charge card via your App to verify your identity and permit payment for charging your electric vehicle at charge points.
3.2 When you touch your bp charge card on a card reader on the charging point, you are giving authorization for the cost of your electric vehicle charge to be charged to your Account.
3.3 We will charge the fee for charging your electric vehicle to your Account after you have completed your vehicle charge using the bp charge card or the App and a payment notification will be sent to your App.
3.4 If your bp charge card or the App is declined at the charging point or you experience any problems charging your electric vehicle when using the bp charge card, or with the bp charge card itself, please get in touch by contacting bp charge by email at evdriversupportNZ@bp.com. You can also contact us by telephone on 0800 002 788. Our customer services team will also follow up any transaction declined by your bank and may attempt to charge your card saved to your Account again. We try to resolve issues as soon as possible after becoming aware of them. No refunds will be provided for a bp charge card unless the bp charge card is deemed faulty by us (acting reasonably).
4.1 When you set up your Account, you will be required to create an Account password. We will ask you for your name, email address, postal address, phone number and payment credentials and you must provide accurate and complete information in response to these questions.
4.2 You are responsible for ensuring that:
4.3 You agree that bp charge is under no obligation to check that any instruction or confirmation made through your Account or by using your bp charge card is from you and that bp charge is not liable for any loss or damage arising from your failure to keep your password and passcode secure.
4.4 You must notify bp charge by email at evdriversupportNZ@bp.com as soon as possible if:
4.5 You acknowledge that bp charge will not have any obligation to notify your bank of fraudulent or unauthorised charge activity or to take any action on your behalf.
4.6 bp charge may enforce or implement any security measures it deems appropriate at any time and may update and add security measures to the Websites and/or Apps at its discretion (acting reasonably) at any time.
4.7 Security of your Account is important to bp charge. However, bp charge cannot guarantee that the Websites and/or Apps will always be available, fault-free and secure or that they will be free from viruses or other harmful programs. You acknowledge that you are aware of and accept this risk including, without limitation, the risk that a third party may gain access to your Account which contains personal and confidential information. Nothing in this clause excludes a party’s liability for negligence, breach of Agreement or wilful misconduct.
6.1 bp charge owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the Websites, Apps and/or bp charge card, and the provision of the Services. All rights of ownership over and in respect of these will remain solely with bp charge and/or its licensors (as the case may be).
6.2 Any use of the Websites, Apps and/or bp charge card in any manner not permitted under these Terms including, without limitation, resale, transfer, modification or distribution of all or part of the Websites, Apps and/or bp charge card is prohibited.
7.1 bp charge may use third party applications, services and software in order to support your use of the bp charge network including, but not limited to, payment services, identity management services, location and map services software, market analytics software, market intelligence software, and rewards software, all of which may gather and report information about you in connection with your use of the Websites, Apps and/or bp charge card (such as location information, device information and user content). When you use the Websites, Apps and/or bp charge card you are agreeing to bp charge’s use of such third-party software and services.
7.2 In some circumstances, we may use third party debt collection agencies to recover any sums due to us on termination. By using the Websites, Apps and/or bp charge card by participating you are agreeing to bp charge’s use of third-party debt collection agencies and the sharing of necessary billing and payment-related information for that purpose, subject to the terms of our privacy notice.
8.1 By registering to use the Services, you will have access to charge your plug-in electric vehicle on all public charging points registered to the bp charge network as displayed on the Websites and/or Apps.
8.2 bp charge does not guarantee the performance nor continuous availability of charging points on the bp charge network. Although problems are rare, from time to time they do happen. Service from charging points on the bp charge network can be interrupted for a number of reasons including cellular telecommunications issues, grid connection and other electrical issues as well as other matters that are not within bp charge’s control. We try to resolve issues on the bp charge network as soon as possible after becoming aware of them. Nothing in this clause excludes a party’s liability for negligence, breach of Agreement or wilful misconduct.
8.3 Whilst bp charge strives to provide the most accurate information possible through the Websites and the Apps, including through the Live Map, we cannot guarantee the accuracy of the information provided as it can be affected by telecommunications issues, grid faults or other matters that are not within bp charge’s control. The Live Map displays information about each charging point that is received on an intermittent basis by cellular communications provided by a third party. Neither bp charge nor any third-party service provider guarantees that the information displayed through the Live Map is correct or up to date. Nothing in this clause excludes a party’s liability for negligence, breach of Agreement or wilful misconduct.
8.4 You agree that you will use all charging points safely and with reasonable care and skill.
8.5 You agree that you will not use the Apps while you are driving.
9.1 All bp charge network users can use the Live Map.
9.2 The Live Map uses the location services provided by your mobile device’s native operating system for the purposes of helping you to locate a charging point site. To use the Live Map, you need to consent to bp charge and/or the third-party service provider, who is providing the location and map services embedded in the Website and/or Apps, accessing information about your current location by enabling location services through the permission system used by your computer or mobile device’s native operating system.
10.1 In order to request the closure of your Account or use of the bp charge card please contact bp charge by email at evdriversupportNZ@bp.com, or simply follow the ‘Delete your account’ feature in the app.
10.2 bp charge reserves the right to suspend or immediately cancel your access to the bp charge network, any of the Services, any functionality of the Website, Apps and/or your use of the bp charge card or your specific Account, with reasonable notice, at any time.
10.3 If bp reasonably considers that you have breached these Terms, bp charge may (subject to clause 10.2) suspend or cancel your Account and you will not be permitted to create a new account to circumvent the suspension or cancellation.
10.4 From the date of suspension or cancellation of your Account, you shall not be able to access the bp charge network for the purposes of charging your electric vehicle.
10.5 All provisions of the Terms that by their nature should survive termination will survive termination including, without limitation, ownership provisions, indemnities and limitations of liability.
11.1 bp charge may change the format, content and/or functionality of all or any part of the Website, Apps and/or bp charge card at any time. If bp charge needs to undertake any maintenance activity you may not be able to use all or part of the Website, Apps and/or bp charge card whilst bp charge completes this activity but bp charge will seek to minimise any time the Website, Apps and/or bp charge card are unavailable for use.
11.2 Updates to the Apps may be issued from time to time. Depending on the update, you may not be able to use all or part of the Apps until you have downloaded the latest version of the Apps and accepted any new terms or downloaded and updated your phone’s software or operating system. If your phone is unable to update to the operating system required for any new version of the Apps, you may no longer be able to use the Apps.
12.1 bp charge is providing the Services, Websites, the Apps and the bp charge card to you ‘as is’ and by participating you are accepting that you are using all aspects of the Services at your own risk. To the extent permitted by law, all warranties and conditions whether express, implied or statutory with respect to the Services and the use of the Websites, the Apps and/or bp charge card are excluded.
12.2 The limitations of liability in this clause apply for the benefit of bp charge, its affiliates and all of its respective officers, directors, employees, agents or any company who they may transfer its rights and obligations to from time to time.
12.3 Except for any legal responsibility that bp charge cannot exclude in law, bp charge is not legally responsible to you for the following:
except to the extent that such loss or damage was caused or contributed to by a breach of this Agreement by bp charge or by its negligence or wilful misconduct.
12.4 Nothing in these Terms shall limit or exclude bp charge’s liability for death or personal injury caused by something bp charge has done or failed to do or for any fraudulent misrepresentation bp charge makes to you.
12.5 You indemnify bp charge for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against bp charge as a result of your use of the bp charge network, any unauthorised access to, or misuse of your Account and/or your use of the Website, Apps and/or bp charge card in breach of these Terms or any third party terms (see clause 7 above) except to the extent that the claims, costs, damages, losses, liabilities, expenses was caused or contributed to by a breach of this Agreement by bp charge or by its negligence or wilful misconduct.
12.6 Neither party will be liable for any loss (including any consequential or indirect loss) of income, business, goodwill, opportunity, anticipated savings or profits, loss of property or loss of use of property, whether in contract, in tort (including negligence), for breach of statutory duty or otherwise. Nothing in this clause shall limit or exclude a party’s liability for death or personal injury caused by what that party has done or failed to do or for any fraudulent misrepresentation or conduct of that party.
12.7 You acknowledge that the Websites and Apps are provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
12.8 This clause will continue to apply after these Terms have expired or have been terminated.
13.1 Subject to the remainder of this clause, bp charge may amend these Terms from time to time. Subject to clauses 13.2 and 13.3 below, we will provide you with reasonable notice of any change or cancellation to these Terms and will publish an updated version on the Websites and in the Apps following notification. Please check the terms published on the Websites and in the Apps for changes when notified of a change and periodically. Your continued use of the Websites, Apps and/or bp charge card following publication of updated Terms confirms your acceptance of the updated Terms.
13.2 The changes bp charge can make to these Terms, without your authorisation, are limited to the following:
13.3 Where we materially change these Terms, we will provide you with no less than 7 days’ notice.
13.4 bp charge will notify you and request your confirmation if necessary, via the Websites and/or the Apps, that you agree to the updated Terms if the updated Terms incorporate any other changes not listed above. Your acceptance of any update Terms is provided by your continued use of the Services including the Website, the Apps and/or bp charge card (including but not limited to after any required notice under this clause).
14.1 You must comply with any additional terms and conditions, or instructions from bp charge, brought to your attention in the Websites, the Apps and/or the bp charge card when you are setting up your Account or using the Websites, the Apps and/or the bp charge card.
14.2 You agree that:
14.3 If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or removed to the minimum extent necessary so that these Terms will otherwise remain in full force and effect. The failure of bp charge to exercise any right shall not be deemed a waiver of that right or any other rights that bp charge may have.
14.4 These Terms represent the entire terms and conditions in relation to the use of the Services and, except to the extent that they are granted under the Consumer Guarantees Act 1993, all other representations, guarantees, undertakings, promises (whether written or verbal, express or implied) are excluded. Nothing in this clause excludes a party’s liability for prior false, misleading or deceptive statements or misrepresentations, whether oral or written.
14.5 These Terms are governed by and shall be construed in accordance with the laws of New Zealand. You agree to submit to the exclusive jurisdiction of the courts of New Zealand.