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.
1. Overview:
If you would like to enjoy the benefits of bp charge EV charging, there are certain terms and conditions that apply.
The bp charge terms and conditions form part of these bp charge EV Charging Terms and Conditions for Uber Pro Drivers as if they were set out in full below.
If there is any inconsistency between these bp charge Terms and Conditions for Uber Pro Drivers and the bp charge terms and conditions, these bp charge Terms and Conditions for Uber Pro Drivers will prevail.
When you register for a bp charge Account through the Uber Pro app, you will be asked to accept:
By accepting, a legally binding agreement is formed between bp and you, so you should read each of these documents so that you can make an informed choice about whether you would like to continue signing up for and participating in bp charge.
bp charge is operated and administered by BP New Zealand Pty Limited Definitions:
Some important key words that are used in these terms and conditions are defined below. If you see a capitalised term used in this document, which is not defined here, it will have the same meaning as set out in the bp charge terms and conditions.
bp charge Uber Pro Driver Offer is the offer set out in Item 4 of the Schedule.
bp charge EV Charging Sites means the bp charge EV charger locations in New Zealand at which the bp charge Uber Pro Driver Offer is available.
bp charge Account Holder means an individual who meets the conditions set out in clause 3 of these bp charge Terms and Conditions for Uber Pro Drivers.
Business Day means a day that is not a weekend or public holiday in New Zealand.
Eligible Payment Methods means a credit or debit bank issued card.
Relevant Partner means the bp customer or corporate partner set out in Item 1 of the Schedule.
2. What criteria do I need to meet to be a bp charge Account Holder?
You must meet the following criteria to be a bp charge Account Holder and to be eligible to receive the bp charge Uber Pro Driver Offer. You must:
(a) comply with the bp charge terms and conditions;
(b) have registered and linked your Uber Pro app to your bp charge Account;
(c) have accepted and comply with these bp charge Terms and Conditions for Uber Pro Drivers;
(d) have accepted the terms of the BP Privacy Statement;
(e) be associated with the Relevant Partner in the manner set out in Item 2 of Schedule 1; and
(f) meet any other conditions set out in Item 3 of the Schedule.
3. What is the bp charge Uber Pro Driver Offer?
The bp charge Uber Pro Driver Offer is set out in Item 4 of the Schedule and is subject to the limitations described in clause 5 below.
4. What limitations apply to the bp charge Uber Pro Driver Offer?
The limitations that apply to the bp charge Uber Pro Driver Offer are set out in Item 5 of the Schedule and below.
Where there is a technical issue or some other outage meaning that you are unable to access the bp charge Uber Pro Driver Offer at the time that the transaction is processed, you will be unable to claim the bp charge Uber Pro Driver Offer.
5. The bp charge Uber Pro Driver Offer is personal to you
The bp charge Uber Pro Driver Offer is personal to you and is not transferable. You agree that you will not assign or otherwise transfer the benefit of the bp charge Uber Pro Driver Offer (by any means) to any other person or entity.
You agree that you will not allow any other person to use your bp charge Account to claim the bp charge Uber Pro Driver Offer.
It is your responsibility to ensure that your bp charge Account details are at all times kept secure and not shared with any other person or entity.
You must immediately notify bp if your bp charge Account details become lost, stolen or subject to possible unauthorised use. To notify bp please call 0800 002 788 .
bp may at any time suspend or terminate your bp charge Account, which will immediately cancel all privileges and benefits that attach to that bp charge Account, if (acting reasonably):
(a) we consider that your bp charge Account details have been used other than as permitted or contemplated by these bp charge Terms and Conditions for Uber Pro Drivers; or
(b) we reasonably suspect that a person other than you is using your bp charge Account, or there is any suspicious or fraudulent behaviour associated with your participation in the bp charge Uber Pro Driver Offer.
We reserve the right to take any other actions we think are reasonable to recover any of our losses, including but not limited to recovering the value of any discounts provided as part of the bp charge Uber Pro Driver Offer from you if we take action pursuant to clauses 6(a) or 6(b).
If you consider that bp has improperly suspended your bp charge Account, please contact bp on 0800 002 788. bp will reinstate your account if you provide reasonable evidence that your bp charge Account details have been used as permitted or contemplated by these bp charge Terms and Conditions for Uber Pro Drivers, or no suspicious or fraudulent behaviour has taken place, and bp considers (acting reasonably) that your suspension was improper.
You are responsible for and bp is not liable for any unauthorised use whatsoever of your bp charge Account. However, once you have reported to bp that your bp charge Account details have become lost, stolen or subject to possible unauthorised use bp will take responsibility for any unauthorised use that occurs after that time.
6. How do I claim the bp charge Uber Pro Driver Offer?
In order to claim the bp charge Uber Pro Driver Offer, you must:
(a) visit a bp charge EV Charging Site;
(b) open the bp charge app;
(c) ensure your Uber Pro Driver Offer is linked to your bp charge Account via the Uber Pro app;
(d) connect the EV charger to your vehicle;
(e) start the EV charging session;
(f) once charge is at the relevant level, stop the EV charging session;
(g) pay using your linked payment information.
Availability of the bp charge Uber Pro Driver Offer is subject to EV charger availability and the other limitations that apply to the bp charge Uber Pro Driver Offer as set out in Items 5 of the Schedule.
7. I forgot to claim the bp charge Uber Pro Driver Offer, can I claim this later?
We are not able to apply the bp charge Uber Pro Driver Offer retrospectively.
8. How do I find a bp charge EV Charging Site?
You can use the bp charge app Live Map to find all available bp charge EV Charging Sites, or the website Live Map feature using filters available on the bp website (www.bp.co.nz).
We have ongoing processes to update our EV Charging Site data however unfortunately neither bp nor our third party service provider can guarantee that the information displayed through the Store Finder service or bp charge app is correct or up to date at all times.
9. What happens if I do not receive the bp charge Uber Pro Driver Offer at the time of payment?
If you are unable to claim the bp charge Uber Pro Driver Offer at the time that the transaction is processed, for example where there is a technical issue or some other outage, but you have nevertheless complied with these bp charge Terms and Conditions for Uber Pro Drivers you will unfortunately be unable to claim the bp charge Uber Pro Driver Offer. Please refer to clause 5 above for further information.
10. How long will the bp charge Uber Pro Driver Offer be available?
bp reserves the right to update the bp charge Terms and Conditions including the terms of the bp charge Terms and Conditions for Uber Pro Drivers from time to time upon notice in accordance with clause 14.
The bp charge Uber Pro Driver Offer may cease at any time upon bp giving you 10 Business Days’ notice or otherwise immediately if bp’s agreement with the Relevant Partner regarding this bp charge Uber Pro Driver Offer terminates or expires.
11. How do I withdraw my consent to bp contacting the Relevant Partner and the Relevant Partner notifying bp of my status as a member of the Uber Pro program and my tier status?
If you want to withdraw your consent to bp contacting the Relevant Partner and the Relevant Partner notifying bp of your status as a member of the Uber Pro program and your tier status in the Uber Pro program you can do so by calling us on 0800 002 788. Please note that it may take up to 5 Business Days for these changes to take effect. If however you do withdraw this consent, you will no longer be eligible for the bp charge Uber Pro Driver Offer. You may still be eligible to receive the benefits of bp charge Account under the bp charge Terms and Conditions.
12. How do I cancel my participation in bp charge Uber Pro Driver Offer?
If you want to cancel your participation in bp charge Uber Pro Driver Offer you can do so by calling us on 0800 002 788.
If you want to permanently cancel your entire bp charge Account you can delete your profile on the bp charge app or call us on 0800 002 788. See clause 10 of the bp charge Terms and Conditions for more details.
13. Changes to these bp charge Terms and Conditions for Uber Pro Drivers
bp may add to or vary these bp charge Terms and Conditions for Uber Pro Drivers (including but not limited to the bp charge Uber Pro Driver Offer) from time to time by posting amended terms on its website. bp will notify you of any material changes to the terms and conditions. If the changes cause you detriment (financial or otherwise) we will provide you with at least 10 Business Days’ notice prior to the change. You may terminate this agreement at any time by calling us on 0800 002 788 including if You do not accept any changes bp makes to these bp charge Terms and Conditions for Uber Pro Drivers.
Last updated: 5 December 2024
Item 1 |
Who is the Relevant Partner?
|
Uber New Zealand Pty Ltd
|
|
Item 2 |
What association do you need to have with the Relevant Partner?
|
You must be a driver partner or delivery partner of the Relevant Partner and a member of the Uber Pro program that meets any eligibility criteria set by the Relevant Partner for the Uber Pro program from time to time. See here for details.
|
|
Item 3 |
What conditions do you need to meet to open a bp charge Account and be eligible for this bp charge Uber Pro Driver Offer?
|
In addition to those conditions set out in clause 3 of these bp charge Terms and Conditions for Uber Pro Drivers you must have consented (and not withdrawn your consent) to bp contacting the Relevant Partner and the Relevant Partner notifying bp whether or not you continue to be a member of the Uber Pro program and your tier status in the Uber Pro program via the Uber Pro API (or any other process as determined by bp from time to time) on an ongoing basis at least daily.
You must use the same email address in both the Uber Pro app and in your bp charge Account to access the bp charge Uber Pro Driver Offer. |
|
Item 4 |
What is the bp charge Uber Pro Driver Offer? |
The bp charge Uber Pro Driver Offer is set out in this Item 4 subject to the limitations set out in clause 5 of these bp charge Terms and Conditions for Uber Pro Drivers and Item 5 of this Schedule:
The discounts on EV charging that you are eligible for depend on your tier status in the Uber Pro program (being Diamond, Platinum, Gold or Blue) as reflected in bp’s systems on your bp charge Account at the time of the transaction (Tier Status). Any changes to your tier status in the Uber Pro program may take up to two Business Days’ to be reflected in bp’s systems on your bp charge Account. The bp charge Uber Pro Driver Offer is as follows:
|
|
Tier Status as reflected in your bp charge Account
|
Discount
|
||
Diamond |
8c/kWh off sale price |
||
Platinum |
7c/kWh off sale price |
||
Gold |
6c/kWh off sale price |
||
Blue |
5c/kWh off sale price |
||
The above discounts are correct as at the date of these terms and conditions. bp may vary the above discounts from time to time, and if we do, we will update these terms in accordance with clause 14.
|
|||
Item 5 |
What limitations apply to the bp charge Uber Pro Driver Offer? |
(a) The bp charge Uber Pro Driver Offer is only available at bp charge EV Charging Sites.
(b) The bp charge Uber Pro Driver Offer cannot be used in conjunction with any other offer or discount on EV charge outside of these bp charge Terms and Conditions for Uber Pro Drivers meaning that if there is any other offers or discounts on EV charging available, you will be provided with the Uber Pro Driver Offer only and will not be entitled to stack multiple charge offers in the same transaction. Exclusions may apply to short term promotions. |