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Terms and Conditions: The BP Plus application

1. Introduction
1.1 Thank you for downloading and setting up your account on the BP Plus application (BP Plus App), provided by BP Australia Pty Ltd ABN 53 004 085 616 (BP, us or our). 
 
1.2 The terms and conditions set out or referred to below (the Terms) apply to the services provided on the BP Plus App now and in the future for use in Australia (Services). By downloading the BP Plus App and setting up your BP Plus account, you confirm that you have read, understood and agree to be bound by these Terms and the BP Plus terms and conditions. If you do not agree to either of these Terms, you must not access, or must stop accessing, the BP Plus App. 
 
1.3 The Services currently include:
 
• Pay for Fuel (see clause 4 below); and
• Store Finder (see clause 5 below).

 

Use of some Services is subject to our approval, at our discretion, and may only be available to eligible customers. 
 
1.4 We plan to expand on the Services that we can offer to you within the BP Plus App and we will notify you of new functionality within the application once it becomes available and tell you how to use it. 
 
1.5 As detailed below, the Terms incorporate our Privacy Policy, BP and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 12 below). 
 
1.6 We have highlighted some of the most important Terms in bold below. 
2. Setting up and using your BP Plus account
2.1 To use the BP Plus App, you must:
 
(a) create a BP Plus App account; and
 
(b) have an internet-enabled eligible mobile device which is connected to the internet and uses a software version that supports the BP Plus App. 
 
2.2 You must ensure that all information that you provide when you create a BP Plus App account and use the BP Plus App is accurate, up to date and not misleading. We will ask you for your name, mobile number, email address and BP Plus fuel card details and you must provide accurate and complete information in response to these questions. 
 
2.3 You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the BP Plus App and the Services. 
 
2.4 When you are at a BP site, you may only use your mobile device, including the BP Plus App, while in your stationary vehicle or inside the BP store. You must not use your mobile device whilst driving or outside your car on the forecourt of a BP site. 
3. Keeping your BPme for BP Plus App account secure
3.1 When you set up your BP Plus App account, you will be required to create a BP Plus App account password.
 
3.2 If you use Pay For Fuel (or any additional Services that we add to the BP Plus App that require additional security) you may be required to, or have the option to, create an additional passcode or use your mobile device's biometric authentication functionality (e.g. fingerprint activation) – for example, when you add a payment card for Pay For Fuel. Please be aware that any fingerprint activation on your mobile device will be valid and you are responsible for any purchases made using any fingerprints stored on your mobile device.   
 
3.3 You are responsible for ensuring that:
 
(a) you are the only person that uses your BP Plus App account – you must not authorise anyone else to use your BP Plus App account; 
 
(b) you only log onto your BP Plus App account on one device at any time; 
 
(c) your password and passcode are kept secure - for example, you must not tell anyone else your password or passcode and your password or passcode must not be kept as a written or electronic record with or on your mobile device; and 
 
(d) your BP Plus App account information is updated if your details change – for example, it is essential that you update your mobile phone number or email address if it changes in order to continue to use your BP Plus App account and your payment method if you are using the Pay For Fuel Service.
 
BP is under no obligation to check that any instruction or confirmation made through your BP Plus App account is from you and BP is only liable for any loss or damage arising from your failure to keep your password and passcode secure in the circumstances described in clause 3.4 below. 
 
3.4 You must notify BP immediately by email to BP via AUcustcare@bp.com within 24 hours, and request cancellation or temporary suspension of your BP Plus App account (Cancellation Request), if the security of your BP Plus App account is compromised due to: 
 
(a) your mobile device being lost or stolen;
 
(b) your password and/or passcode becoming or likely to become known by another person; and/or
 
(c) unauthorised access to your BP Plus App account
 
3.5 You will not be liable for any unauthorised transactions made on and from the working day after BP has received receipt of a Cancellation Request from you (Cancellation Date). BP will not be liable for any transactions using your BP Plus App account prior to the Cancellation Date. For example, if BP receives a Cancellation Request on a Monday, the Cancellation Date will be the Tuesday. 
 
3.6 BP may:
 
(a) enforce or implement any security measures it deems appropriate; or
 
(b) update and add security measures, to the BP Plus App at its discretion at any time.
 
3.7 Security of your BP Plus App account is important to BP. However, BP cannot guarantee that the BP Plus App will always be available, fault-free and secure or that it will be free from viruses or other harmful programmes.
 
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 BP Plus App account which contains personal and confidential information. 
4. Pay for Fuel terms of use
General 
4.1 You can use Pay for Fuel in the BP Plus App at participating BP sites by adding your BP Plus fuel card to the app – you can check whether your BP Plus card is eligible by attempting to load it in the ‘Payment Method’ section of the BP Plus App. The Account Holder or Account Administrator for your BP Plus fuel card will then be sent an activation email. Due to the potential time delay between the loading of your BP Plus fuel card into the app and approval being granted from the BP Plus Account Holder/Account Administrator, it is strongly recommended that you register and obtain BP Plus fuel card permission well in advance of attempting a BP Plus App transaction at a BP Site. 
 
4.2 You may delete and add your BP Plus fuel card and update certain preferences associated with your BP Plus fuel card in the 'Payment Method' section of the BP Plus App. 
 
4.3 You will not be able to use a BP Plus fuel card for the Pay for Fuel Service if it has expired, has been reported stolen to Customer Services or is no longer eligible for use in Pay for Fuel for any reason. You will be notified in Pay for Fuel if a Nominated Card is no longer able to be used. 
 
4.4 You must have either your physical Nominated Card or an alternative method of payment (such as cash, Visa, Mastercard or American Express) with you at all times. Pay for Fuel is not available at non-BP sites and BP cannot otherwise guarantee that Pay for Fuel will always be available at BP participating sites. Please see clause 5 for further details. 
 
4.5 BP may update these Terms in relation to the use of the BP Plus App from time to time.
 
4.6 You acknowledge that registering your BP Plus fuel card on the BP Plus App creates a digital instance of your physical BP Plus fuel card. This means that:
 
(a) if your physical BP Plus fuel card is cancelled, the digital BP Plus fuel card registered on your BP Plus App account will also be cancelled and will no longer be able to be used; 
 
(b)  if you cancel your BP Plus App account, or remove your registered BP Plus fuel card from your BP Plus App account, but do not cancel your physical BP Plus card, your physical BP Plus card can still be used; and 
 
(c) you must cancel your BP Plus card if your device or your physical BP Plus fuel card is lost or stolen. 

 

Using Pay for Fuel
4.7 Pay for Fuel is only available at some BP sites and during the relevant site’s usual attended operating hours, unless a BP site has chosen to offer this Service outside attended operating hours. 
 
4.8 Pay for Fuel uses the location services provided by your mobile device’s native operating system for the purposes of determining the BP site you are at. To use Pay for Fuel, you must consent to BP accessing information about your current location by enabling location services through the permission system used by your mobile device’s native operating system. Confirmation of your location at a BP site is a component of the security measures for Pay for Fuel. At some BP sites, Pay for Fuel will also require that you confirm the specific BP site that you are located at (for example, where a BP retail site and truck stop are co-located). 
 
4.9 You can use Pay for Fuel to request to purchase and authorise payment for fuel from BP, from a specified pump that you identify as the pump that you intend to take your fuel from (Selected Pump). Approval of your request by BP is at BP’s discretion. 
 
4.10 The BP Plus Account Administrator/ Account Holder is providing you with your allocated BP Plus fuel card and sets various limits and conditions in relation to the permitted use of your BP Plus fuel card. The limits and conditions that apply to the plastic BP Plus fuel card also apply to the usage of the BP Plus fuel card via BP Plus App. If you are unclear of these conditions and limits, please contact your BP Plus Account Administrator/Account Holder. 
 
4.11 You acknowledge that should you exceed the limits and conditions set by your BP Plus Account Holder/Account Administrator, you or your BP Plus Account Holder/Account Administrator will be held liable for payment of that fuel transaction made via the BP Plus App. In addition, your access to that BP Plus fuel card via BP Plus app will be removed, until: 
 
(a) You reload your BP Plus fuel card into the BP Plus App; and
 
(b) Your BP Plus Account Holder/Account Administrator provides authorisation for the BP Plus fuel card to be used in the BP Plus App following the limit or condition breach. 
 
For the avoidance of doubt, the steps set out in clause 4.1 will need to be repeated before the BP Plus App becomes operable with your BP Plus fuel card again. 
 
4.12 Should a limit or condition breach occur as set out in clause 4.11 above, your BP Plus Account Holder/Account Administrator will be notified by email of the non-authorised fuel transaction and your details and/or driver ID will also be provided for reference. 
 
4.13 The BP Plus Account Holder/Account Administrator of your BP Plus fuel card and BP have the right to block and unblock your account at any time at the Account Administrator and BP’s discretion.
 
4.14 You may cancel your request for any reason up until you enter your passcode at the 'Enter Your Passcode’ screen (for example, if you become aware that you have identified the incorrect pump for your vehicle).
 
IMPORTANT: If you have paid for your fuel using Pay for Fuel correctly, Pay for Fuel will confirm 'Success! You’ve paid for your fuel”. 
 
4.15 Selecting the correct pump number
 
IMPORTANT: It is your responsibility to ensure that, when you use Pay for Fuel, you select the correct pump number for the pump that you intend to take your fuel from. BP has no liability in relation to any error made by you in selecting an incorrect pump. 
 
If the Selected Pump is not the pump that you dispense your fuel from, the following applies: 
 
(a) if any other person starts pumping fuel from the Selected Pump that you have incorrectly selected within the time out period, any fuel dispensed will be charged by BP to your BP Plus App account; and
 
(b) any fuel dispensed to your vehicle will not be charged to your BP Plus card via the BP Plus App.
 
(c) Accordingly you will not have paid for, and will remain liable for, the fuel that has been dispensed into your vehicle. You must go into the store and pay for the fuel that you have received with your plastic BP Plus fuel card. 
 
4.16 The BP Plus App will notify you when the Selected Pump has been hung up correctly when it displays the ‘‘Processing Payment’ screen. If you do not see this screen, you will need to re-hang the hose until that screen appears. If the Selected Pump has not been hung up correctly, and any person continues pumping fuel from your Selected Pump, any fuel dispensed will be charged by BP to your BP Plus App account.   
 
IMPORTANT: It is your responsibility to ensure that, when you use Pay for Fuel, the hose of your Selected Pump has been hung up correctly after fuelling is complete.   
 
4.17 You agree that Pay for Fuel or the BP Plus App will not be used: 
 
(a) if you are refuelling a motorbike;
 
(b) if you are refuelling a convertible car with the roof down;
 
(c) if you are under 16 years of age;
 
(d) if you are filling a non-approved container;
 
(e) if you are driving or your car is in motion;
 
(f) at any time that you are out of your vehicle and on the BP retail site forecourt;
 
(g) if the customer services representative at the retail site informs you that the BP Plus App cannot be used; or
 
(h) if there is a present or notified safety issue or concern at the BP retail site.
 
4.18 You agree that the BP retail site safety rules and regulations must be complied with at all times during the use of Pay for Fuel and the BP Plus App.  
5. Store Finder terms of use
5.1 All BP Plus App account holders can use ‘Store Finder’. 
 
5.2 Store Finder uses the location services provided by your mobile device’s native operating system for the purposes of helping you locate a BP site. To use Store Finder you must consent to BP and/or the third party service provider, who is providing the location and map services embedded in the BP Plus App, accessing information about your current location by enabling location services through the permission system used by your mobile device’s native operating system.   
 
5.3 Neither BP and/or any third party service provider guarantees that the information displayed through the Store Finder service is correct or up to date.
 
5.4 BP may use third party applications and software in the BP Plus App, including, but not limited to, location and map services software, market analytics software, market intelligence software, and rewards program software, all of which may gather and report information about you in connection with your use of the BP Plus App (such as location information, device information and user content). It is your responsibility to ensure that you comply with any related third party terms, including the third party privacy policies notified to you in BP’s Privacy Policy, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms.
6. The BP Plus App privacy collection notice
6.1 We will use your personal information in accordance with our Privacy Policy and the BP Plus App privacy collection notice. Either may be updated from time to time. 
7. Intellectual property
7.1 BP owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the BP Plus App. All rights of ownership over and in respect of the BP Plus App (other than the right to use the BP Plus App in accordance with these Terms), will remain solely with BP and/or its licensors (as the case may be). 
 
7.2 Any use of the BP Plus App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the BP Plus App is prohibited.
 
7.3 BP is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the BP Plus App. 
8. Third party terms
8.1 BP uses third party applications, services and software in the BP Plus App, including, but not limited to, payment services, location and map services software, market analytics software, market intelligence software, and rewards program software, all of which may gather and report information about you in connection with your use of the BP Plus App (such as location information, device information and user content).
 
8.2 When you use the BP Plus App, you are agreeing to BP’s use of such third party software and services. You are also agreeing to any applicable terms of use, licenses, or privacy policies related to such third party software and services. It is your responsibility to ensure that you comply with any related third party terms, including the third party privacy policies notified to you in BP’s Privacy Policy, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms. A breach of any such terms of use, licenses, or privacy policies will be deemed a breach of these Terms.
9. Termination
9.1 You can delete the BP Plus App on your mobile device at any time. You must notify BP by email to AUcustcare@bp.com  if you wish to permanently delete your BP Plus App account. By cancelling your BP Plus App account, your login details and other information contained within the BP Plus App and any other BP Services using the same login details will be permanently deleted. 
 
9.2 BP reserves the right to suspend or immediately terminate the BP Plus App, any of the Services, any functionality of the BP Plus App, or your specific BP Plus App account, with or without cause or notice, at any time. 
 
9.3 Where BP suspends or terminates your BP Plus App account as a result of a breach of these Terms by you, you are not permitted to create a new account to circumvent the suspension or termination. 
 
9.4 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. 
10. Changes to the BP Plus app
10.1 BP may change the format, content and/or functionality of all or any part of the BP Plus App at any time.
 
10.2 Updates to the BP Plus App may be issued from time to time. Depending on the update, you may not be able to use all or part of the BP Plus App until you have downloaded the latest version of the BP Plus App and accepted any new terms. 
11. Liability
11.1 To the extent permitted by law, the provisions of the Competition and Consumer Act 2010 (Cth) will not apply where you use the BP Plus App for the purpose of a business and all other warranties and conditions whether express, implied or statutory with respect to the BP Plus App and the provision of the Services are excluded. 
 
11.2 To the extent permitted by law, in no event will BP, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the BP Plus App (Representatives), be liable under contract, tort (including negligence) or otherwise under or in connection with these Terms and/or your use of or inability to use the BP Plus App and any of the Services. This applies, without limitation, to any loss or damage which you may suffer as a result of: 
 
(a) any third party software and services embedded in the BP Plus App (see clause 8 above); 
 
(b) any bugs, viruses, Trojans, or the like (regardless of the source of origination); 
 
(c) the actions or inactions of other BP Plus App users;
 
(d) you selecting an incorrect pump number or your Selected Pump not being hung up correctly after fuelling is complete when using Pay for Fuel (see clauses 4.15 and 4.16 above);
 
(e) the actions or inaction of participating retailers; 
 
(f) suspension or loss of access to the BP Plus App or any functionality; and/or 
 
(g) unauthorised use or misuse of your BP Plus App account for any reason where BP has not received written notice of cancellation in accordance with clause 3.4.
 
(h) any Pre-Authorisation Hold (see clause 4.3 above).
 
11.3 You will indemnify BP against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against BP by any other person as a result of unauthorised access to your BP Plus App account and/or your use of the BP Plus App in breach of these Terms or any third party terms (see clause 8 above).11.4 You acknowledge that the BP Plus App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable. 
12. Changes to these terms
12.1 Subject to the remainder of this clause, BP may amend these Terms from time to time by publishing an updated version in the BP Plus App. Please check the terms published in the BP Plus App periodically for changes. Your continued use of the BP Plus App following publication of updated Terms confirms your acceptance of the updated Terms.
 
12.2 The changes BP can make to these Terms, without your authorisation, are limited to changes: 
 
(a) to reflect updates to the functionality, security, options and Services available on the BP Plus App; 
 
(b) to reflect third party terms and conditions that apply to BP and/or the BP Plus App; 
 
(c) that are generally beneficial to, or do not have any adverse impact on, users of the BP Plus App; and/or
 
(d) that are required to reflect changes to applicable law. 
 
12.3 BP will request your confirmation, via the BP Plus App, that you agree to the updated Terms if the updated Terms incorporate any other changes. Your continued use of the BP Plus App will be subject to your confirmation that you agree to the updated Terms. 
13. General
13.1 You must comply with any additional terms and conditions brought to your attention in the BP Plus App, when you are setting up your BP Plus App account or using the BP Plus App. 
 
13.2 You agree that:
 
(a) you will not assign or otherwise transfer your BP Plus App account;
 
(b) you will not use the BP Plus App for any unlawful purpose, in any way that interrupts, impairs, damages or renders the BP Plus App less efficient, to transfer files that contain viruses, Trojans or other harmful programs, to access or attempt to access the accounts of other BP Plus App account holders or to penetrate or attempt to penetrate any security measures;
 
(c) you will not do anything BP reasonably considers to be disreputable or capable of damaging its reputation, the BP Plus App or the Services; and 
 
(d) you will comply with all applicable Australian law. 
 
13.3 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 to exercise any right shall not be deemed a waiver of that right or any other rights that BP may have. 
 
13.4 These Terms are governed by and construed in accordance with the laws of Victoria and you submit to the exclusive jurisdiction of the Courts of Victoria, Australia.
 
13.5 These Terms constitute the entire agreement between you and BP. 
14. Contact us
If you have any questions about these Terms or the BP Plus App, or wish to notify us of any of the matters referred to in these terms, please contact BP at AUcustcare@bp.com.
 
These Terms were last updated in March 2019.