1. INTRODUCTION
1.1. These terms and conditions (Terms) apply to you when you are using a contactless payment card to pay for charging your electric vehicle at certain charging points that are part of BP Chargemaster’s network of charging points known as the Polar Network. These Terms set out your rights and obligations when using a contactless payment card.
1.2. For the purposes of these Terms, a contactless payment card is a debit, credit, prepaid or charge card, sticker, mobile phone or other device that is used to make contactless payments and which can be used for electric vehicle charging at charging points on the Polar Network.
2. USING YOUR CONTACTLESS CARD
2.1. You can use your contactless payment card to pay for charging your plug-in electric vehicle at charging points on the Polar Network where contactless payment is accepted.
2.2. It is your responsibility to check the tariffs for cost of electricity at the individual charging point before you begin charging your electric vehicle.
2.3. So that you can check the tariffs for the cost of electricity before you charge your electric vehicle, contactless tariff information is available at the individual charging point. You can also access full contactless tariff information online at https://polar-network.com/pricing/. Limited information may also be available at charging point locations, for example from posters and leaflets and from staff.
2.4. If you start and finish a charge session without charging your vehicle, we may charge you a minimum transaction amount. The minimum transaction amount for charging your vehicle on the Polar Network can be found online at https://polar-network.com/pricing/.
3. PAYING WITH A CONTACTLESS PAYMENT CARD AND REFUNDS
3.1. When you touch your contactless payment card on a card reader on the charging point, you are giving authorisation for the cost of your electric vehicle charge, including any additional fees, to be charged to your card account.
3.2. Before charging your electric vehicle, a pre-authorisation reserve amount will be held by us until the total fee payable for the charge, calculated in accordance with clause 3.3 below, is debited from your card account. The current reserve amounts can be found online at https://polar-network.com/pricing/.
3.3. We will charge the fee for charging your electric vehicle to your account after you have completed your vehicle charge. The amount charged to your contactless payment card account will be calculated based on the tariff appropriate for the individual charging point and amount of electricity you used, as well as any applicable additional fees.
3.4. If your card is declined at the charging point or you experience any problems charging your electric vehicle when paying by contactless, please get in touch using the contact details set out in clause 12 below.
3.5. To apply for a refund, please email heretohelp@bp.com after 48 hours and within 8 weeks of charging your plug-in electric vehicle stating the:
3.5.1. date and time you charged your electric vehicle;
3.5.2. location and charging point reference number;
3.5.3. amount paid; and
3.5.4. last four digits of the number of the contactless card used to pay for charging your electric vehicle.
Registering for a Polar Instant or Polar Plus account will allow you to check your charging history easily online or via the relevant app.
4. USING THE POLAR NETWORK
4.1. You agree that you will use all charging points safely and with reasonable care and skill.
4.2. Any usage over 90 minutes on all BP Chargemaster Ultracharge units will incur an additional fee. The additional fee details can be found online at https://polar-network.com/pricing/.
4.3. BP Chargemaster does not guarantee the performance nor continuous availability of charging points on the Polar Network. Although problems are rare, like all public services, 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.
5. PERSONAL INFORMATION
5.1. Our Privacy Statement sets out the ways in which we will collect, store and process data (including for marketing purposes) relating to your use of the Polar website (https://polar-network.com), Polar Instant app or Polar Plus app (the Polar Apps). We do not store any of your details (such as card details) as part of the contactless payment process unless you provide us with your details via any direct contact you have with us (for example, emailing us for a refund, or making a complaint).
5.2. Our Privacy Statement covers your rights to access and request correction of any of your personal information that we hold. Please read the Privacy Statement carefully.
6. INTELLECTUAL PROPERTY
6.1. BP Chargemaster owns, or has obtained a valid licence to use, all copyright, trademarks and other intellectual property rights in connection with the Polar website and the provision of access to use charging points on the Polar Network for the purpose of, inter alia, charging an electric vehicle.
6.2. All rights of ownership over and in respect of the Polar website or the Polar Apps (other than the right to use the Polar website or the Polar Apps in accordance with these Terms or the terms for the Polar Apps), will remain solely with BP Chargemaster and/or its licensors (as the case may be).
6.3. Any use of the Polar website or the Polar Apps in any manner not permitted under these Terms or the terms for the Polar Apps, including without limitation, resale, transfer, modification, or distribution of all or part of the Polar website or the Polar Apps is prohibited.
6.4. BP Chargemaster is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the Polar website or the Polar Apps.
7. THIRD PARTY TERMS
7.1. BP Chargemaster may use third party applications, services and software in the Polar website or the Polar Apps, 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 Polar website or the Polar Apps (such as location information, device information and user content).
7.2. When you use the Polar website or the Polar Apps, you are agreeing to BP Chargemaster’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 our Privacy Statement, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms.
8. CHANGES TO THE POLAR WEBSITE OR POLAR APPS
8.1. BP Chargemaster may change the format, content and/or functionality of all or any part of the Polar website or the Polar 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 Polar website or the Polar Apps whilst BP Chargemaster completes this activity but BP Chargemaster will seek to minimise any time the Polar website or the Polar Apps are unavailable for use.
9. LIABILITY
9.1. BP Chargemaster is providing the Services and the Polar website or the Polar Apps to you ‘as is’ and you are using these 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 Polar website or the Polar Apps are excluded.
9.2. 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 Polar website or the Polar Apps.
9.3. 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 Polar website or the Polar 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, Polar website or the Polar Apps 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:
9.3.1. any failure or defect of, or damage caused by, any charging point on the Polar Network;
9.3.2. any changes to the number or locations of charging points on the Polar Network;
9.3.3. third party damage to charging points, vehicles or any other third-party property;
9.3.4. any out of date or incorrect information displayed on the Polar website or the Polar Apps;
9.3.5. any third-party software and services embedded in the Polar website or the Polar Apps or deployed in the Polar Network, including payments services (see clause 6 above);
9.3.6. any bugs, viruses, trojans, or the like (regardless of the source of origination);
9.3.7. the actions or inactions of other Polar website or the Polar Apps users; or
9.3.8. suspension or loss of access to the Polar website or the Polar Apps or any functionality.
9.4. 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.
9.5. 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 and/or your use of the Polar website or the Polar Apps in breach of these Terms, the terms for the Polar Apps, or any third party terms (see clause 6 above).
9.6. You acknowledge that the Polar website or the Polar Apps are provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
10. CHANGES TO THESE TERMS
10.1. Subject to the remainder of this clause, BP Chargemaster may amend these Terms from time to time by publishing an updated version on the Polar website and in the Polar Apps. Please check the terms published on the Polar website and in the Polar Apps periodically for changes. Your continued use of the Polar website or the Polar Apps following publication of updated Terms confirms your acceptance of the updated Terms.
10.2. The changes BP Chargemaster can make to these Terms, without your authorisation, are limited to changes:
10.2.1. to reflect updates to the functionality, security, options and Services available on the Polar website or the Polar Apps;
10.2.2. to reflect third party terms and conditions that apply to BP Chargemaster and/or the Polar website or the Polar Apps;
10.2.3. that are generally beneficial to, or do not have any adverse impact on, users of the Services, the Polar Plus Website or the Polar Apps; and/or
10.2.4. that are required to reflect changes to applicable law.
10.3. BP Chargemaster will request your confirmation, via the Polar website or the Polar Apps, that you agree to the updated Terms if the updated Terms incorporate any other changes not listed above. Your continued use of the Polar website and the Polar Apps will be subject to your confirmation that you agree to the updated Terms.
11. GENERAL
11.1. You must comply with any additional terms and conditions, or instructions from BP Chargemaster, brought to your attention in the Polar website or the Polar Apps, when you are using the Polar Network, Polar website or the Polar Apps.
11.2. You agree that:
11.2.1. you will not use the Polar Network, Polar website or the Polar Apps for any unlawful purpose, in any way that interrupts, impairs, damages the Polar Network, Polar website or the Polar 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;
11.2.2. you will not do anything BP Chargemaster reasonably considers to be disreputable or capable of damaging its reputation, the Polar Network, Polar website or the Polar Apps or the Services; and
11.2.3. you will comply with all applicable laws.
11.3. 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.
11.4. If you live in England when you agree to these Terms, these Terms will be governed by and construed in accordance with English law. Your local courts (i.e. English courts if you live in England and Scottish courts if you live in Scotland) will have jurisdiction to hear any disputes or claims (including non-contractual disputes or claims arising out of or in connection with these Terms or its subject matter or formation.
11.5. These Terms were updated on 22 October 2019.
12. GETTING IN TOUCH
If you need to get in touch in relation to any of the information contained in these Terms, or have a question about our service, please contact us at:
Email: heretohelp@bpchargemaster.com
Tel: 0330 016 5126
Address:
BP Chargemaster Customer Services
500 Capability Green
Luton
LU1 3LS