1.1 Thank you for registering and setting up your account for the bp EV charging network in New Zealand, a service giving you access to the bp EV charging network of electric vehicle charging points (bp EV charging network) as provided by bp Oil New Zealand Limited (“bp EV charging”, “us” or “our”).
1.2 The terms and conditions set out or referred to below (“Terms”) apply to the services provided through the bp EV charging Websites (“Websites”) and/or smartphone applications (“Apps”) now and in the future for use in New Zealand, in connection with your access to and use of charging points on the bp EV charging 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 EV charging by email at email@example.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.
1.7 We plan to expand on the Services that we can offer to you and we will notify you of new services and functionality once they become available and tell you how to use them.
1.8 As detailed below, the Terms incorporate our privacy statement, privacy collection notice, bp EV charging and third party terms and conditions referred to below, and updates made to the Terms in the future.
2.1 To use the Services, 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 or inside the bp store.
3.1 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.
3.2 You are responsible for ensuring that:
3.3 You agree that bp EV charging is under no obligation to check that any instruction or confirmation made through your Account is from you and that bp EV charging is not liable for any loss or damage arising from your failure to keep your password and passcode secure.
3.4 You must notify bp EV charging by email at firstname.lastname@example.org as soon as possible if:
3.5 You acknowledge that bp EV charging will not have any obligation to notify your bank of fraudulent or unauthorised charge activity or to take any action on your behalf.
3.6 bp EV charging 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 at any time.
3.7 Security of your Account is important to bp EV charging. However, bp EV charging 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.
5.1 bp EV charging owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the Websites and/or Apps, and the provision of the Services. All rights of ownership over and in respect of these will remain solely with bp EV charging and/or its licensors (as the case may be).
5.2 Any use of the Websites and/or Apps in any manner not permitted under these Terms including, without limitation, resale, transfer, modification or distribution of all or part of the Websites and/or Apps is prohibited.
5.3 bp EV charging is not required to provide any documentation, support, telephone assistance, enhancements or updates to the Websites and/or Apps.
6.1 bp EV charging may use third party applications, services and software in order to support your use of the bp EV charging 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 and/or Apps (such as location information, device information and user content). When you use the Websites and/or Apps you are agreeing to bp EV charging’s use of such third-party software and services.
6.2 In some circumstances, we may use third party debt collection agencies to recover any sums due to us on termination. By using the Websites and/or Apps, you are agreeing to bp EV charging’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.
7.1 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 EV charging network as displayed on the Websites and/or Apps.
7.2 bp EV charging does not guarantee the performance nor continuous availability of charging points on the bp EV charging network. Although problems are rare, from time to time they do happen. Service from charging points on the bp EV charging 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 EV charging’s control. We try to resolve issues on the bp EV charging network as soon as possible after becoming aware of them.
7.3 Whilst bp EV charging 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 EV charging’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 EV charging nor any third-party service provider guarantees that the information displayed through the Live Map is correct or up to date.
7.4 You agree that you will use all charging points safely and with reasonable care and skill.
7.5 You agree that you will not use the Apps while you are driving.
8.1 All bp EV charging network users can use the Live Map.
8.2 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 EV charging 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.
9.1 In order to request the closure of your Account please contact bp EV charging by email at email@example.com, or simply follow the ‘Delete your account’ feature in the app.
9.2 bp EV charging reserves the right to suspend or immediately cancel your access to the bp EV charging network, any of the Services, any functionality of the Website and/or Apps, or your specific Account, with or without cause or notice, at any time.
9.3 Where bp EV charging suspends or cancels your Account as a result of you breaching these Terms, you will not be permitted to create a new account to circumvent the suspension or cancellation.
9.4 From the date of suspension or cancellation of your Account, you shall not be able to access the bp EV charging network for the purposes of charging your electric vehicle.
9.5 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.
10.1 bp EV charging may change the format, content and/or functionality of all or any part of the Website and/or Apps at any time. If bp EV charging needs to undertake any maintenance activity you may not be able to use all or part of the Website and Apps whilst bp EV charging completes this activity but bp EV charging will seek to minimise any time the Website and Apps are unavailable for use.
10.2 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
11.1 bp EV charging is providing the Services and the Websites and the Apps to you ‘as is’ and 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 and/or the Apps are excluded.
11.2 The limitations of liability in this clause apply for the benefit of bp EV charging, 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.
11.3 Except for any legal responsibility that bp EV charging cannot exclude in law, bp EV charging is not legally responsible to you for the following:
11.4 Nothing in these Terms shall limit or exclude bp EV charging’s liability for death or personal injury caused by something bp EV charging has done or failed to do or for any fraudulent misrepresentation bp EV charging makes to you.
11.5 You will be responsible to bp EV charging for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against bp EV charging by any other person as a result of your use of the bp EV charging network, any unauthorised access to your Account and/or your use of the Website and/or Apps in breach of these Terms or any third party terms (see clause 6 above).
11.6 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.
11.7 This clause will continue to apply after these Terms have expired or have been terminated.
12.1 Subject to the remainder of this clause, bp EV charging may amend these Terms from time to time by publishing an updated version on the Websites and in the Apps. Please check the terms published on the Websites and in the Apps periodically for changes. Your continued use of the Websites and/or Apps following publication of updated Terms confirms your acceptance of the updated Terms.
12.2 The changes bp EV charging can make to these Terms, without your authorisation, are limited to the following:
12.3 bp EV charging 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 continued use of the Services including the Website and the Apps will be deemed to provide confirmation that you agree to the updated Terms.
13.1 You must comply with any additional terms and conditions, or instructions from bp EV charging, brought to your attention in the Websites and/or the Apps when you are setting up your Account or using the Websites and/or the Apps.
13.2 You agree that:
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 EV charging to exercise any right shall not be deemed a waiver of that right or any other rights that bp EV charging may have.
13.4 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 (wether written or verbal, express or implied) are excluded.
13.5 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.