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Terms and conditions

 1.1 Thank you for registering and setting up your account for the bp pulse network in Australia, a service giving you access to the bp pulse network of electric vehicle charging points (bp pulse network) as provided by bp Australia Pty Ltd (ABN 53 004 085 616) (“bp pulse”, “us” or “our”). 


1.2 The terms and conditions set out or referred to below (“Terms”) apply to the services provided through the bp pulse Websites (“Websites”), smartphone applications (“Apps”) and/or bp pulse charge card now and in the future for use in Australia, in connection with your access to and use of charging points on the bp pulse 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 reasonable 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 pulse by email at evdriversupport@bp.com. You can also contact us by telephone on 1 300 002 738. 

 

1.5 The Services include: 

  • bp pulse network access; 
  • bp pulse pricing schemes; 
  • Live Map; 
  • bp pulse charge card; and 
  • account and billing services. 


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 pulse 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: 
 
  • create a user account (“Account”) on the relevant Websites and/or Apps to allow you to access the Services; and 
  • have an internet-enabled, eligible mobile device which is connected to the internet and uses a software version that supports the relevant Apps. 

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 pulse 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 pulse 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 pulse charge card or the App and a payment notification will be sent to your App. 


3.4 If your bp pulse charge card or the App is declined at the charging point or you experience any problems charging your electric vehicle when using the bp pulse charge card, or with the bp pulse charge card itself, please get in touch by contacting bp pulse by email at evdriversupport@bp.com. You can also contact us by telephone on 1 300 002 738. 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 pulse charge card unless the bp pulse 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: 

  • you are the only person that uses your Account and Services – you must not authorise anyone else to use your Account or Services; 
  • you only log onto one Website or App on one device at any time; 
  • your password and/or passcode and/or PIN are kept secure (for example, you must not tell anyone else your password and/or passcode and/or PIN) and must not be kept as a written or electronic record with or on your device; and 
  • your Account information is updated if your details change. 

 

4.3 You agree that bp pulse is under no obligation to check that any instruction or confirmation made through your Account or by using your bp pulse charge card is from you and that bp pulse 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 pulse by email at evdriversupport@bp.com as soon as possible if: 

  • your mobile device is lost or stolen; 
  • your bp pulse charge card (if applicable) is lost or stolen; 
  • your password and/or passcode becomes or is likely to become known by another person;and 
  • you are aware of unauthorised access to your Account or to your bp pulse charge card. 

 

4.5 You acknowledge that bp pulse 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 pulse may enforce or implement any security measures it deems reasonably 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 pulse. However, bp pulse 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. 

5.1 Our privacy statement and privacy collection notice set out the ways in which we will collect, store and process data (including for marketing purposes) relating to your use of the Websites, Apps and Services and covers your rights to access and request correction of any of your personal information that we hold. By using the bp pulse charge card and app you consent to the collection, use, disclosure and storage of your personal information in accordance with bp's Privacy Statement. Please read these documents carefully. 

6.1 bp pulse 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 pulse charge card, and the provision of the Services. All rights of ownership over and in respect of these will remain solely with bp pulse and/or its licensors (as the case may be). 


6.2 Any use of the Websites, Apps and/or bp pulse 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 pulse charge card is prohibited. 

7.1 bp pulse may use third party applications, services and software in order to support your use of the bp pulse 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 pulse charge card (such as location information, device information and user content). When you use the Websites Apps and/or bp pulse charge card you are agreeing to bp pulse’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 pulse charge card, by participating you are agreeing to bp pulse’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 pulse network as displayed on the Websites and/or Apps.


8.2 bp pulse does not guarantee the performance nor continuous availability of charging points on the bp pulse network. Although problems are rare, from time to time they do happen. Service from charging points on the bp pulse 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 pulse’s control. We try to resolve issues on the bp pulse 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 pulse 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 pulse’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 pulse 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 pulse 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 pulse 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 pulse charge card please contact bp pulse by email at evdriversupport@bp.com, or simply follow the ‘Delete your account’ feature in the app. 


10.2 bp pulse reserves the right to suspend or immediately cancel your access to the bp pulse network, any of the Services, any functionality of the Website Apps and/or your use of the bp pulse 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 pulse 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 pulse 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 pulse may change the format, content and/or functionality of all or any part of the Website Apps and/or bp pulse charge card with reasonable notice at any time. If bp pulse needs to undertake any maintenance activity you may not be able to use all or part of the Website, Apps and/or bp pulse charge card whilst bp pulse completes this activity but bp pulse will seek to minimise any time the Website, Apps and/or bp pulse 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 pulse is providing the Services, the Websites, the Apps and the bp pulse 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 pulse charge card are excluded. 


12.2 The limitations of liability in this clause apply for the benefit of bp pulse, 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 pulse cannot exclude in law, bp pulse is not legally responsible to you for the following: 

  • Any loss or damage that was not reasonably foreseeable to you and bp pulse when these Terms were entered into; 
  • Any loss or damage that was not caused by any breach on bp pulse’s part, including any loss or damage caused by:
    • something beyond bp pulse’s reasonable control, such as third-party damage to charging points or failures in the electricity distribution network; or 
    • your failure to follow bp pulse’s instructions in relation to your use of the charging station (including when connecting and disconnecting your vehicle to/from the charging station); 
  • any changes to the number or locations of charging points on the bp pulse network; 
  • third party damage to vehicles or any other third-party property; 
  • any out of date or incorrect information displayed on the Websites or Apps; 
  • any third-party software and services embedded in the Website and/or Apps, including payment services; 
  • any bugs, viruses, trojans or the like originating from third parties or you; 
  • the actions or inactions of other Website, App or bp pulse charge card users; 
  • suspension or loss of access to the Websites, Apps and/or bp pulse charge card or any functionality; 
  • unauthorised use or misuse of your Account or bp pulse charge card for any reason where bp pulse has not received written notice of deletion;and 
  • unauthorised access to your Account and/or bp pulse charge card or any information provided using your subscription details, including payment information,

except to the extent that such loss or damage was caused or contributed to by a breach of this Agreement by bp pulse or by its negligence or wilful misconduct.


12.4 Nothing in these Terms shall limit or exclude bp pulse’s liability for death or personal injury caused by something bp pulse has done or failed to do or for any fraudulent misrepresentation bp pulse makes to you. 


12.5 You will be responsible to bp pulse for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against bp pulse by any other person as a result of your use of the bp pulse network, any unauthorised access to your Account and/or your use of the Website, Apps and/or bp pulse 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 pulse 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 pulse 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 pulse charge card following publication of updated Terms confirms your acceptance of the updated Terms. 

 

13.2 The changes bp pulse can make to these Terms, without your authorisation, are limited to the following: 

  • To reflect updates to the functionality, security, options and Services available on the Websites the Apps and/or bp pulse charge card; 
  • To reflect third party terms and conditions that apply to bp pulse and/or the Websites, the Apps and/or bp pulse charge card; 
  • That are generally beneficial to, or do not have any adverse impact on, users of the Services, the Websites, the Apps and/or bp pulse charge card; and/or 
  • That are required to reflect changes to applicable law. 


13.3 Where we materially change these Terms, we will provide you with no less than 14 days’ notice. 


13.4 bp pulse 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 pulse 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 pulse, brought to your attention in the Websites, the Apps and/or bp pulse charge card when you are setting up your Account or using the Websites, the Apps and/or bp pulse charge card. 

 

14.2 You agree that: 

  • You will not assign or otherwise transfer your Account; 
  • You will not use the bp pulse network, Websites, Apps or bp pulse charge card for any unlawful purpose, in any way that interrupts, impairs, damages the bp pulse network, Websites, Apps and/or bp pulse charge card or renders each less efficient, or to transfer files that contain viruses, trojans or other harmful programs, to access or attempt to access the accounts of other bp pulse account holders or to penetrate or attempt to penetrate any security measures; 
  • You will not do anything bp pulse reasonably considers to be disreputable or capable of damaging its reputation, the bp pulse network, the Websites and/or Apps, or the Services; and 
  • You will comply with all applicable laws. 

 

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 pulse to exercise any right shall not be deemed a waiver of that right or any other rights that bp pulse 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 and cannot be excluded under the Competition and Consumer Act 2010 (Cth), 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 Victoria, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia.