bp Chargemaster Terms and Conditions for use of the Polar Network

1.1

Thank you for registering and setting up your account for the Polar Network, a service giving you access to the Polar Network of electric vehicle charging points (Polar Network) as provided by Chargemaster Limited (“bp Chargemaster”, “us” or “our”).

1.2

The terms and conditions set out or referred to below (“Terms”) apply to the services provided through the bp Chargemaster, Polar Plus or Polar Instant Websites (“Websites”) and/or smartphone applications (“Apps”) now and in the future for use in the United Kingdom, in connection with your access to and use of charging points on the Polar Network to charge an electric vehicle (“Services”). 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.

1.3

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 Chargemaster by email at heretohelp@bpchargemaster.com. You can also contact us by telephone on 03300165126 (operating hours apply).

1.4

The Services include:

1.4.1

Polar Network access (see clause 7 below);

1.4.2

Polar Plus and Polar Instant pricing schemes (see clauses 8 and 9 below);

1.4.3

Live Map (see clause 10 below);

1.4.4

Polar Plus Points (see clause 8.13 below);

1.4.5

Polar rewards and offers (see clause 8.13 below); and

1.4.6

Account and billing services.

1.5

Use of the Services is subject to our approval, at our discretion, and may only be available to eligible customers.

1.6

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.

1.7

As detailed below, the Terms incorporate our Privacy Notice, bp Chargemaster and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 14 below).

2 SETTING UP AND USING YOUR ACCOUNT

2.1

To use the Services, you must:

2.1.1

create a user account (“Account”) on the relevant Websites and/or Apps to allow you to access the Services; and

2.1.2

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 or inside the bp store.

3 KEEPING YOUR ACCOUNT SECURE

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:

3.2.1

You are the only person that uses your Account – you must not authorise anyone else to use your Account;

3.2.2

you only log onto one Website or App on one device at any time;

3.2.3

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

3.2.4

your Account information is updated if your details change.

3.3

You agree that bp Chargemaster is under no obligation to check that any instruction or confirmation made through your Account is from you and that bp Chargemaster 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 Chargemaster by email at heretohelp@bpchargemaster.com as soon as possible if:

3.4.1

your mobile device is lost or stolen;

3.4.2

your password and/or passcode becomes or is likely to become known by another person; and

3.4.3

you are aware of unauthorised access to your Account.

3.5

You acknowledge that bp Chargemaster 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 Chargemaster 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 Chargemaster. However, bp Chargemaster 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 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 Account which contains personal and confidential information.

4 PERSONAL INFORMATION

4.1

Our Privacy Notice sets 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. Our Privacy Notice can be found here: https://bpchargemaster.com/polar/privacy_notice. Please read it carefully.

5 INTELLECTUAL PROPERTY

5.1

bp Chargemaster 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 Chargemaster 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 Chargemaster is not required to provide any documentation, support, telephone assistance, enhancements or updates to the Websites and/or Apps.

6 THIRD PARTY TERMS

6.1

bp Chargemaster may use third party applications, services and software in order to support your use of the Polar Network including, but not limited to, payment services, identity management 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 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 Chargemaster’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 (see clause 11). By using the Websites and/or Apps, you are agreeing to bp Chargemaster’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 USING THE POLAR NETWORK

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 Polar Network as displayed on the Websites and/or Apps.

7.2

bp Chargemaster does not guarantee the performance nor continuous availability of charging points on the Polar Network. Although problems are rare, from time to time they do happen. Service from charging points on the Polar 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 Chargemaster’s control. We try to resolve issues on the Polar Network as soon as possible after becoming aware of them.

7.3

Whilst bp Chargemaster 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 Chargemaster’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 Chargemaster 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

Any usage over 90 minutes on all bp Chargemaster Ultracharge and Ultra-fast may incur an additional fee as specified at https://polar-network.com/pricing

7.6

You agree that you will not use the Apps while you are driving.

7.7

If you switch from a Polar Plus to a Polar Instant pricing scheme (or vice-versa), only credit purchased by you and added to your account can be transferred; no other type of credit (for example, credit obtained via a promotion) can be transferred.

8 POLAR PLUS

8.1

You agree that selection of the Polar Plus pricing plan will begin the sign-up process for Polar Plus Membership. This will be completed when you have entered your billing information and bank account details in the Account section of the Websites and/or Apps to set up a Direct Debit. Once this process is complete, the start date of the Polar Plus Membership cannot be deferred to a later date.

8.2

bp Chargemaster will never store the details of your Direct Debit. If you add personal financial details in order to set up a Direct Debit, such details are collected, stored and processed by a third party company which is authorised by the Financial Conduct Authority.

8.3

The Polar Plus Membership monthly subscription fee is available at https://polar-network.com/pricing. The Subscription Fee is subject to change at any time by bp Chargemaster with 30 days prior notice to you.

8.4

New Polar Plus members shall receive three months free Polar Plus Membership (the “Offer”) from the date their Polar Plus Membership begins. A new Polar Plus member will then be charged the Subscription Fee from the next payment date in the month following the expiry of the Offer. The Offer is only valid for one Polar Plus Membership per household. The Offer is not valid if you or a member of your household have already received three months free membership with another scheme run by bp Chargemaster. The Offer is subject to change at any time by bp Chargemaster without prior notice to you. If you cancel your Polar Plus Membership during this three-month period, you will forfeit the rest of the trial period and will not be able to receive the Offer again should you re-join.

8.5

After the Direct Debit has been set up, your Polar Plus Card and an accompanying letter will be sent to your nominated address. Your Polar Plus Card will be active when it arrives.

8.6

If you have received a Polar Plus Card through promotional materials or from one of our associated partners, you will need to activate your Polar Plus Card. In this case, on receipt of your Polar Plus Card, you must activate your Polar Plus Card through the Activate section on our Website (https://polar-network.com/activate/). To ensure that your Polar Plus Card is recognised across the entire Polar Network, the earliest start date we can provide you is four days from the date on which you activate the Polar Plus Card.

8.7

Your Polar Plus Card will ensure that your usage of any charging points on the Polar Network is linked to your Account and Polar Plus Membership.

8.8

If your Polar Plus Card does not arrive in the post and you report this to us within three months of signing up for a Polar Plus Membership, we will replace the Polar Plus Card for free. If you fail to notify us that the card has not arrived within this three month period or you have given us incorrect address details, you will be subject to a fee of £10.00 (including VAT) for a replacement Polar Plus Card. If you report that your Polar Plus Card has not arrived and we confirm that it has not been used, you will be able to have your three-month trial period re-started. However, if your Polar Plus Card has been used, we will not re-start the three-month trial period.

8.9

Replacement Polar Plus Cards, including lost or stolen Polar Plus Cards, can be ordered online which are subject to a £10.00 fee. If your Polar Plus Card is faulty, you can send it back to us for testing. We will replace faulty cards free of charge provided that the fault has not been caused by damage or wear and tear for which we are not responsible. You will have to cover the cost of postage if you send a Polar Plus Card back to us to be tested.

8.10

If you cancel your Polar Plus Membership within the Offer period, there will be no Subscription Fee charges to your Account. You may cancel your Polar Plus Membership at any time. If you decide to cancel your Polar Plus Membership, you will no longer have access to the Services and your Polar Plus Card will cease to work. You will be liable for any costs and outstanding charges incurred during your Polar Plus Membership. To cancel your membership, visit the Account section of the Websites and/or Apps.

8.11

If, in any given month, a Direct Debit is unsuccessful:

8.11.1 We (through our payment services provider) will send a notification informing you of this to your registered email address;

8.11.2 No less than 72 hours after the email notification, we will re-attempt a Direct Debit of the outstanding sum;

8.11.3 If the Direct Debit is unsuccessful again, we will re-attempt a Direct Debit a further two (2) times, each time preceded by a 72-hour notice as set out in 8.11.1 and 8.11.2 above; and

8.11.4 If, after following the steps set out in clause 8.11.3 above, we are unable to recover the outstanding sum, we reserve the right to cancel your Polar Plus Membership with immediate effect and refer your case to a third party debt collection agency.

8.12

The cost of electricity supplied to you through charging points on the Polar Network is expressed on the Websites and Apps. In many cases, electricity is supplied at nil cost to you through the Polar Network. Please refer to the Live Map in the Websites and/or Apps for the tariffs for individual charging points.

8.13

By using charging points on the Polar Network, you will collect Polar Points. Please note, there are some charging points where you will not receive any Polar Points for using them. Details of which charging points are not eligible are shown on the Live Map.

8.13.1

You will receive 10 Polar Points each time you use an eligible charging point for at least 20 minutes provided that each charge is in a different town or city across the same calendar month. If you use several eligible charging points within the same town or city in the same calendar month, you will only be eligible for 10 Polar Points in total with respect to all the charges undertaken in that town or city. For reference, each charging point has a town or city linked to it on the Live Map so you can determine whether or not you will be eligible for Polar Points by using a particular charging point. London sites with different postcode letters (i.e. NW, N, SW etc) are regarded as individual towns for these purposes. Example: In the Milton Keynes area Bletchley, Wolverton, Olney, Newport Pagnell and Milton Keynes are regarded as separate towns/cities as marked against pins on the Live Map, e.g. if you charge for more than 20 minutes at an eligible charging point in each of Wolverton and Bletchley in September you will receive 20 points. If you charge twice in Wolverton in September, you will receive one award of 10 points. If you charge again in October in Wolverton, you get a further 10 points.

8.13.2

You will also be eligible for 10 Polar Points if you have a bp Chargemaster Homecharge unit fitted at your home under the OLEV scheme and you will receive these points when your Homecharge unit is subsequently linked to your Account.

8.13.3

Polar Points accumulate on your Account and you can check the total on the Points section of the Websites and/or Apps. Your cumulative Polar Points will carry forward each month unless redeemed for a reward.

8.13.4

You will find a list of our Polar Points current rewards, offers and promotions at https://bpchargemaster.com/polar/promotions-and-rewards/. These are subject to change from time to time at the sole discretion of bp Chargemaster.

8.14

If you cancel your Polar Plus Membership or if bp Chargemaster cancels your Account, all Polar Points accumulated on your Account may be lost and your Polar Plus Card will cease to be active. Polar Points are non-transferable – whether that be to another Polar Plus account or any other bp Chargemaster account.

8.15

Upon cancellation of your Polar Plus Membership, you will be liable for any unpaid subscription fees and costs for electricity consumed until (and including) the date of termination.

8.16

In order to recover any amounts outstanding upon cancellation of your Polar Plus Membership, we will attempt to debit the outstanding sum via Direct Debit. Should this be unsuccessful, we will make further attempts to claim this in accordance with clause 8.11.

8.17

If, after following the steps set out in clause 8.11 above, we are unable to recover the outstanding sum, Chargemaster reserves the right to refer the debt to a third party debt collection agency.

9 POLAR INSTANT

9.1

If you have selected the Polar Instant pricing plan and the credit on your Account falls below £5, you will be required to top up your credit before you can begin to charge your vehicle.

9.2

All payments made through the Websites and/or Apps, and all credit added to your Account, is refundable (provided it is not required to cover the cost of use of Polar Network charging points) if a request is made to bp Chargemaster by email at heretohelp@bpchargemaster.com

9.3

The cost of electricity supplied to you through charging points on the Polar Network is expressed on the Websites and Apps. Please refer to the Live Map on the Websites and/or Apps to check the tariffs for individual charging points.

9.4

The Polar Instant pricing schedule can be found at https://polar-network.com/pricing. The pricing schedule is subject to change at any time by bp Chargemaster with 30 days prior notice to you.

10 LIVE MAP TERMS OF USE

10.1

All Polar Network users can use the Live Map.

10.2

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 Chargemaster 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.

11 TERMINATION

11.1

In order to request the closure of your Account please contact bp Chargemaster by email at heretohelp@bpchargemaster.com

11.2

Upon cancellation of your Account or deletion of your personal data, bp Chargemaster may be required to retain some of your information to comply with legal and financial regulations. Please see our Privacy Notice for further information about how we retain customer information.

11.3

bp Chargemaster reserves the right to suspend or immediately cancel your access to the Polar 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.

11.4

Where bp Chargemaster 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.

11.5

From the date of suspension or cancellation of your Account, you shall not be able to access the Polar Network for the purposes of charging your electric vehicle.

11.6

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.

12 CHANGES TO WEBSITE AND APPS

12.1

bp Chargemaster may change the format, content and/or functionality of all or any part of the Website and/or Apps at any time. If bp Chargemaster needs to undertake any maintenance activity you may not be able to use all or part of the Website and Apps whilst bp Chargemaster completes this activity but bp Chargemaster will seek to minimise any time the Website and Apps are unavailable for use.

12.2

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

13 LIABILITY

13.1

bp Chargemaster 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.

13.2

bp Chargemaster shall not be held liable for any consequential loss or damage, including without limitation loss of profits, loss of income and loss of turnover arising from or relating to the performance of its obligations with respect to the Services, the Websites and/or the Apps.

13.3

To the extent permitted by law, in no event will bp Chargemaster, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the Services, the Websites and/or the Apps (“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 Polar Network or any of the Services. This applies, without limitation, to any loss or damage which you may suffer as a result of or in connection with:

13.3.1

any failure or defect of or damage caused by: any charging point on the Polar Network; or any parking bay used by you in order to use a charging point on the Polar Network;

13.3.2

any changes to the number or locations of charging points on the Polar Network;

13.3.3

third party damage to charging points, vehicles or any other third party property;

13.3.4

any out of date or incorrect information displayed on the Websites or Apps;

13.3.5

any third party software and services embedded in the Website and/or Apps, including payment services (see clause 6.1 above);

13.3.6

any bugs, viruses, trojans or the like (regardless of the source of origination);

13.3.7

the actions or inactions of other Website or App users;

13.3.8

suspension or loss of access to the Websites and/or Apps or any functionality;

13.3.9

unauthorised use or misuse of your Account for any reason where bp Chargemaster has not received written notice of deletion in accordance with clause 11; and

13.3.10

unauthorised access to your Account or any information provided using your Membership details, including payment information.

13.4

Nothing in these Terms shall limit or exclude bp Chargemaster’s liability for death or personal injury caused by bp Chargemaster’s negligence or for fraud or fraudulent misrepresentation.

13.5

You will be responsible to bp Chargemaster for any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against bp Chargemaster by any other person as a result of your use of the Polar 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).

13.6

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.

14 CHANGES TO THESE TERMS

14.1

Subject to the remainder of this clause, bp Chargemaster 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.

14.2

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

14.2.1

to reflect updates to the functionality, security, options and Services available on the Websites and the Apps;

14.2.2

to reflect third party terms and conditions that apply to bp Chargemaster and/or the Websites and the Apps;

14.2.3

that are generally beneficial to, or do not have any adverse impact on, users of the Services, the Websites and the Apps; and/or

14.2.4

that are required to reflect changes to applicable law.

14.3

bp Chargemaster 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.

15 GENERAL

15.1

You must comply with any additional terms and conditions, or instructions from bp Chargemaster, 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.

15.2

You agree that:

15.2.1

you will not assign or otherwise transfer your Account;

15.2.2

you will not use the Polar Network, Websites or Apps for any unlawful purpose, in any way that interrupts, impairs, damages the Polar Network, Websites or Apps or renders each less efficient, or to transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other bp Chargemaster account holders or to penetrate or attempt to penetrate any security measures;

15.2.3

you will not do anything bp Chargemaster reasonably considers to be disreputable or capable of damaging its reputation, the Polar Network, the Websites and/or Apps, or the Services; and

15.2.4

you will comply with all applicable laws.

15.3

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 Chargemaster to exercise any right shall not be deemed a waiver of that right or any other rights that bp Chargemaster may have.

15.4

These Terms are governed by and shall be construed in accordance with English law. You can bring legal proceedings in relation to these Terms in the English courts or any other courts in the United Kingdom.

15.5

These Terms were updated on 23 June 2020.