Terms & conditions: BPme

1. Introduction

1.1 Thank you for downloading and setting up your account on the BPme application (BPme 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 BPme App now and in the future for use in Australia (Services). By downloading the BPme App and setting up your BPme account, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not access, or must stop accessing, the BPme App.

1.3 The Services currently include:
• Pay For Fuel (see clause 4 below); and
• Station 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 BPme 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 & using your BPme account

2.1 To use the BPme App, you must:
(a) create a BPme account; and
(b) have an internet-enabled eligible mobile device which is connected to the internet and uses a software version that supports the BPme App.

2.2 You must ensure that all information that you provide when you create a BPme account and use the BPme App is accurate, up to date and not misleading. We will ask you for your name, email address and payment credentials 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 BPme App and the Services.

2.4 When you are at a BP site, you may only use your mobile device, including the BPme 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 account secure

3.1 When you set up your BPme account, you will be required to create a BPme account password.

3.2 If you use Pay For Fuel (or any additional Services that we add to BPme that require additional security) you may be required to, or have the option to, create an additional PIN 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 BPme account – you must not authorise anyone else to use your BPme account;
(b) you only log onto your BPme account on one device at any time;
(c) your password and PIN are kept secure - for example, you must not tell anyone else your password or PIN and your password or PIN must not be kept as a written or electronic record with or on your mobile device; and
(d) your BPme 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 BPme account and your payment method (ie Visa, Mastercard, American Express or Paypal), if you are using the Pay For Fuel Service.

BP is under no obligation to check that any instruction or confirmation made through your BPme account is from you and BP is only liable for any loss or damage arising from your failure to keep your password and PIN secure in the circumstances described in clause 3.4 below.

3.4 You must notify BP immediately by calling 1300 130 027, and request cancellation or temporary suspension of your BPme account (Cancellation Request), if the security of your BPme account is compromised due to:
(a) your mobile device being lost or stolen;
(b) your password and/or PIN becoming or likely to become known by another person; and/or
(c) unauthorised access to your BPme account

In addition you must confirm that notification by email to BP via AUcustcare@bp.com within 24 hours.

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 BPme 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 BPme App at its discretion at any time.

3.7 Security of your BPme account is important to BP. However, BP cannot guarantee that the BPme 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 BPme 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 BPme App at participating BP sites by:
(a) adding a credit card or debit card issued by a bank (your “Nominated Card”) that is eligible for the Pay For Fuel Service – you can check whether your Nominated Card is eligible by attempting to load it in the ‘Payment Method’ section of the Pay For Fuel menu; or
(b) using a payment method such as PayPal.

4.2 You may delete and add Nominated Cards and update certain preferences associated with your Nominated Cards in the 'Payment Method' section of the BPme App.

4.3 Each time you load a Nominated Card into the BPme App, you authorise a temporary hold of $1 against that Nominated Card (Pre-Authorisation Hold). BP is not responsible for, and has no influence over, the time it takes for your bank to release the Pre-Authorisation Hold. Please contact your bank if you have any questions.

4.4 You will not be able to use a Nominated Card for the Pay For Fuel Service if it has expired, has been reported stolen by your bank 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.

4.5 BP will never see nor store the details of your Nominated Cards. Such details are collected, stored and processed by BP's payment service providers, Braintree and PayPal, who process your purchases when you use the BPme App. For further information regarding Braintree and PayPal and how they encrypt and
process payment transactions, see the |https://www.paypal.com/webapps/mpp/ua/privacy-full|Braintree|https://www.paypal.com/webapps/mpp/ua/privacy-full|PayPal websites.

IMPORTANT: A Pre-Authorisation Hold will be made each time you authorise payment using a Nominated Card for Pay For Fuel. In some cases, this may result in multiple Pre-Authorisation Holds – for example, if you cancel a payment authorisation, or a payment authorisation times out, and you then proceed with another payment authorisation to purchase fuel using your Nominated Card.

4.6 You must keep your physical Nominated Card 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.

4.7 BP plans to add additional payment methods from time to time by adding payment options to Pay For Fuel and/or updating these Terms. If you use an alternative payment method available for Pay For Fuel you agree to any additional applicable terms and conditions that BP notifies to you.

4.8 You acknowledge that registering your Nominated Card on the BPme App creates a digital instance of your physical Nominated Card. This means that:

(a) if your physical Nominated Card is cancelled, the digital Nominated Card registered on your BPme account will also be cancelled and will no longer be able to be used;

(b) if you cancel your BPme account, or remove your registered Nominated Card from your BPme account, but do not cancel your physical Nominated Card, your physical Nominated Card can still be used; and

(c) you must cancel your Nominated Card if your device or your physical Nominated Card is lost or stolen.

Using Pay For Fuel

4.9 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.

4.10 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).

4.11 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.

4.12 If fuel has been dispensed and the payment has been declined by your issuer/ bank, BP has the right to recover these funds through a third party or directly by BP and charge a recovery fee of $3.00, with such amount being subject to change at BP’s reasonable discretion. BP also has the right to block and unblock your account once funds have been recovered at its discretion.

4.13 You may cancel your request for any reason up until you confirm your details at the ‘Check your Details’ 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 'Thanks, You’re all done”.

4.14 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 BPme account; and

(b) any fuel dispensed to your vehicle will not be charged to your Nominated Card via BPme.

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.

4.15 The BPme 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 BPme 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.

4.16 You agree that Pay For Fuel or the BPme 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 BPme App cannot be used; or

(h) if there is a present or notified safety issue or concern at the BP retail site.

4.17 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 BPme App.

5. Station finder terms of use

5.1 All BPme account holders can use ‘Station Finder’.

5.2 Station 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 Station Finder you must consent to BP and/or the third party service provider, who is providing the location and map services embedded in the BPme 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 Station Finder Service is correct or up to date.

5.4 BP may use third party applications and software in the BPme 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 BPme 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. BP's privacy collection notice

6.1	BP or one of its related companies in Australia is collecting your personal information in connection with your use of the BPme App. We are contactable by post at Level 17, 717 Bourke Street, Docklands, Victoria 3008, Australia, by telephone on 1300 130 027 or by email to privacyofficer@bp.com.

6.2	We will use your personal information, which includes:
(a) your name, contact details, payment method details and other information that you provide when registering to use the BPme App;
(b) geographic information when you use the Pay For Fuel and Station Finder functions or have the BPme App running;
(c) transaction information relating to your use of the BPme App (including transaction type, date, time and value); 
(d) information about the way you use the BPme App and your settings preferences; and 
(e) information about your mobile device,

for the purpose of providing our services related to the BPme App (including for the purpose of personalising those services), processing payments and administering your account, providing you with recommendations (including personalised recommendations) in relation to BP products or services and other marketing related purposes, conducting checks on your transactions and account (for example credit card fraud checks) and for dealing with your enquiries and requests. Where BP holds personal information about you that it has collected from different sources, BP may combine this personal information into a single record. If you choose not to provide your personal information to us, you may not be able to use some or all of the services available as part of the BPme App, receive updates from BP or have BP answer or respond to your enquiry or request.

6.3	We will collect your personal information from you where possible, but where relevant we may also collect your information from third parties (such as our service providers who collect your personal information on our behalf as part of the functionality of the BPme App and our commercial partners and third parties who are involved in providing any benefit, reward or service to you). If this occurs, we will take reasonable steps to ensure that you are aware of the matters contained in this privacy notice. If you provide us with the personal information of another person (such as a family member or work colleague), you must make them aware of the matters contained in this privacy notice.

6.4	Where you agree to receive such communications, we may keep in contact with you by post, email, in app notifications or SMS about topics which we reasonably believe are of interest to you. You can opt-out of receiving future marketing communications at any time by contacting us at privacyofficer@bp.com, updating your settings in the BPme App, or using the unsubscribe link on a marketing email.

6.5	We may disclose your personal information to:
(a) outsourced service providers and marketing organisations (and have those third parties collect your personal information on our behalf via their software); and
(b) our commercial partners and other third parties who provide any benefit, reward or service to you (either directly or on our behalf); and
(c) suppliers, dealers, distributors and other third parties with whom we have commercial relationships,

for the purposes set out in this notice and other related business and marketing purposes. If you have consented to receiving marketing materials from our commercial partners and other third parties who provide any benefit, reward or service to you, then these parties may use the personal information that we disclose to them (together with any other personal information held by those third parties about you) to send personalised offers directly to you in relation to their own products and services, and/or in relation to our products and services (when those offers are sent to you by those third parties on our behalf).
 
6.6	We may also disclose your personal information to our related bodies corporate, contractors, service providers and agents and also to government bodies and regulatory authorities (where required or authorised by law).

6.7	In some circumstances, we will hold your personal information in, or disclose your personal information to our related bodies corporate and service providers located in, countries outside Australia, including in New Zealand, the United States, the United Kingdom, Malaysia, the Philippines, India and any other countries listed in our privacy policy or in which the global BP group operates in from time to time.

6.8	We will otherwise collect, hold, use and disclose your personal information in accordance with BP’s Privacy Policy, which sets out how you may access and correct the personal information that we hold about you and how to lodge a complaint relating to our treatment of your personal information (and how BP will handle such a complaint).  BP’s privacy policy may be updated from time to time and it should be periodically reviewed by you.

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 BPme App. All rights of ownership over and in respect of the BPme App (other than the right to use the BPme 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 BPme App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the BPme App is prohibited.

7.3 BP is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the BPme App.

8. Third party terms

8.1 BP uses third party applications, services and software in the BPme 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 BPme App (such as location information, device information and user content).

8.2 When you use the BPme 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 BPme 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 BPme account. By cancelling your BPme account, your login details and other information contained within the BPme 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 BPme App, any of the Services, any functionality of the BPme App, or your specific BPme account, with or without cause or notice, at any time.

9.3 Where BP suspends or terminates your BPme 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 BPme app

10.1 BP may change the format, content and/or functionality of all or any part of the BPme App at any time.

10.2 Updates to the BPme App may be issued from time to time. Depending on the update, you may not be able to use all or part of the BPme App until you have downloaded the latest version of the BPme 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 BPme App for the purpose of a business and all other warranties and conditions whether express, implied or statutory with respect to the BPme 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 BPme 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 BPme 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 BPme 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 BPme 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 4.14 and 4.15 above);
(e) the actions or inaction of participating retailers;
(f) suspension or loss of access to the BPme App or any functionality; and/or
(g) unauthorised use or misuse of your BPme 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 BPme account and/or your use of the BPme App in breach of these Terms or any third party terms (see clause 8 above).

11.4 You acknowledge that the BPme 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 BPme App. Please check the terms published in the BPme App periodically for changes. Your continued use of the BPme 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 BPme App;
(b) to reflect third party terms and conditions that apply to BP and/or the BPme App;
(c) that are generally beneficial to, or do not have any adverse impact on, users of the BPme App; and/or
(d) that are required to reflect changes to applicable law.

12.3 BPme will request your confirmation, via the BPme App, that you agree to the updated Terms if the updated Terms incorporate any other changes. Your continued use of the BPme 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 BPme App, when you are setting up your BPme Account or using the BPme App.

13.2 You agree that:
(a) you will not assign or otherwise transfer your BPme account;
(b) you will not use the BPme App for any unlawful purpose, in any way that interrupts, impairs, damages or renders the BPme App less efficient, to transfer files that contain viruses, Trojans or other harmful programs, to access or attempt to access the accounts of other BPme 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 BPme 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 BPme App, or wish to notify us of any of the matters referred to in these terms, please contact BP at AUcustcare@bp.com.