1.1 Thank you for registering and setting up your account for your home charger (“Home Charger”), a service giving you access to information regarding your home charging activity as provided by Chargemaster Limited (“bp pulse”, “us” or “our”), a company registered in England and Wales (company registration number 06720009, and our registered office is at Breckland, Linford Wood, Milton Keynes, United Kingdom, MK14 6GY.
1.2 This agreement is between us and you (the “Customer”) for us for us to provide you with a licence to:
1.2.1 download, install, and use the bpp Home Charger mobile application (the “App”) (including any updates to it); and
1.2.2 access the bpp Home Charger web portal (the “Portal”),
and any services we provide to you as part of your use of the App or the Portal (the “Services”) as allowed by these terms and conditions (the “Terms”).
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 pulse by email at [email@example.com]. You can also contact us by telephone on [0330 016 5126].
1.5 The Services include:
1.5.1 Access to information regarding your charging activities as recorded by your Home Charger;
1.5.2 Scheduling Home Charger charging activity remotely or in advance; and
1.5.3 Access to estimate charging prices based on energy provider tariffs (the “Tariff Estimation Services”).
1.6 Use of the Services is subject to our approval, at our discretion, and may only be available to eligible customers.
1.7 If we expand on the Services that we can offer to you via the App and the Portal, 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 notice, bp pulse and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 9 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 App or via the Portal to allow you to access the Services; and
2.1.2 Be 18 years old or over and have an address in the UK;
2.1.3 Ensure that all information that you provide when you create an Account and use the App and/or Portal (as applicable) is true, accurate, up to date, complete and not misleading;
2.2 You are responsible for ensuring that you have all hardware and software necessary in order to access the App and/or Portal (as applicable).
2.3 You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the App and Services.
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, and phone number 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 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 pulse is under no obligation to check that any instruction or confirmation made through your Account 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.
3.4 You must notify bp pulse by email at the email address outlined in clause 1.4 as soon as possible if:
3.4.1 The device(s) on which you have accessed the App/ the Portal (as applicable) is/are lost or stolen;
3.4.2 Your password and/or passcode becomes or is likely to become known by another person; or
3.4.3 You are aware of unauthorised access to your Account.
3.5 bp pulse may enforce or implement any security measures it deems appropriate at any time and may update and add security measures to the App and the Portal at its discretion at any time.
3.6 Security of your Account is important to bp pulse. However, bp pulse cannot guarantee that the App or the Portal 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 Account which contains personal and confidential information.
3.7 We have adopted standard network security practices to keep the App, the Portal and the Services secure, however you acknowledge and agree that internet transmissions are never completely private or secure and that any message or information you send using the App, the Portal or the Services may be read or intercepted by others.
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 App, the Portal and the 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/privacy-notice/ (“Privacy Notice”). Please read it carefully.
4.2 You authorise and consent to our collection, storage and use of any information or data related to or derived from your use of the App, the Portal and the Services and any other information that you provide to us.
4.3 You agree that you will comply with the terms and conditions of the Privacy Notice as they apply to you.
5. Intellectual property
5.1 bp pulse owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the App, the Portal 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).
5.2 Any use of the App, the Portal or the Services in any manner not permitted under these Terms including, without limitation, resale, transfer, modification or distribution of all or part of the App or the Portal is prohibited.
5.3 bp pulse is not required to provide any documentation, support, telephone assistance, enhancements or updates to the Apps or the Portal.
6. Third party terms
6.1 bp pulse may use third party applications, services and software in order to support your use of the Services, including but not limited to, identity management services, location and map services software, market analytics software, market intelligence software, and charging pricing estimate software, all of which may gather and report information about you in connection with your use of the App and/or the Portal (as applicable) (such as location information, device information and user content). When you use the App or the Portal you are agreeing to bp pulse’s use of such third party software and services.
6.2 You acknowledge that the Tariff Estimation Services are provided on an estimate basis only and if you would like more accurate information regarding projected or actual charging costs, please contact your energy provider.
7. Using the Services
7.1 By registering to use the Services, you will have access to information regarding your charging activities as recorded on your Home Charger.
7.2 Whilst bp pulse strives to provide the most accurate information possible through the App, 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.
7.3 You agree that you will not use the App or the Portal while you are driving.
8.1 In order to request the closure of your Account please contact bp pulse by email at the email address outlined in clause 1.4.
8.2 Upon cancellation of your Account or deletion of your personal data, bp pulse 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.
8.3 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 Apps and the Portal, or your specific Account, with or without cause or notice, at any time.
8.4 Where bp pulse 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.
8.5 From the date of suspension or cancellation of your Account, you shall not be able to access the App, the Portal or the Services.
8.6 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.
8.7 If we end your rights to use the App, the Portal and the Services and we end these Terms then:
8.7.1 You must delete or remove the App from any device that you are logged into; and
8.7.2 You must stop all activities that are allowed under these Terms, including use of the App, the Portal and the Services.
9. Changes to the App
9.1 bp pulse may change the format, content and/or functionality of all or any part of the App and the Portal at any time. If bp pulse needs to undertake any maintenance activity you may not be able to use all or part of the App or the Portal whilst bp pulse completes this activity but bp pulse will seek to minimise any time the App or the Portal is unavailable for use.
9.2 Updates to the App or the Portal may be issued from time to time. Depending on the update, you may not be able to use all or part of the App or the Portal until you have either downloaded the latest version of the App and accepted any new terms or downloaded and updated your phone’s software or operating system, or updated the software on your device in order to be able to access the Portal. If your phone is unable to update to the operating system required for any new version of the App or your device does not perform the required software updates, you may no longer be able to use the App or the Portal (as applicable).
10.1 bp pulse is providing the Services, the Portal and the App 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 App and the Portal are excluded.
10.2 bp pulse 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 and/or the App and/or the Portal.
10.3 To the extent permitted by law, in no event will bp pulse, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the Services and/or the App and/or the Portal, 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 bp pulse 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:
10.3.1 Any out of date or incorrect information displayed on the App or the Portal;
10.3.2 Any third party software and services embedded in the App or the Portal;
10.3.3 Any bugs, viruses, trojans or the like (regardless of the source of origination);
10.3.4 The actions or inactions of other App or Portal users;
10.3.5 Suspension or loss of access to the App or the Portal or any functionality;
10.3.6 Unauthorised use or misuse of your Account for any reason where bp pulse has not received written notice of deletion in accordance with clause 8; and
10.3.7 Unauthorised access to your Account or any information provided using your subscription details.
10.4 Nothing in these Terms shall limit or exclude bp pulse’s liability for death or personal injury caused by bp pulse’s negligence or for fraud or fraudulent misrepresentation.
10.5 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 any unauthorised access to your Account and/or your use of the App or the Portal in breach of these Terms.
10.6 You acknowledge that the App and the Portal are provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.
11. Changes to these terms
11.1 Subject to the remainder of this clause, bp pulse may amend these Terms from time to time by publishing an updated version in the App or the Portal. Please check the terms published on the App/ in the Portal (as applicable) periodically for changes. Your continued use of the App or the Portal (as applicable) following publication of updated Terms confirms your acceptance of the updated Terms.
11.2 The changes bp pulse can make to these Terms, without your authorisation, are limited to the following:
11.2.1 To reflect updates to the functionality, security, options and Services available on the App or the Portal;
11.2.2 To reflect third party terms and conditions that apply to bp pulse and/or the App and/or the Portal;
11.2.3 That are generally beneficial to, or do not have any adverse impact on, users of the Services, the Portal and the Apps; and/or
11.2.4 That are required to reflect changes to applicable law.
11.3 bp pulse will notify you and request your confirmation if necessary, via the App or the Portal (as applicable), 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 App or the Portal will be deemed to provide confirmation that you agree to the updated Terms.
12.1 You must comply with any additional terms and conditions, or instructions from bp pulse, brought to your attention in the App or the Portal when you are setting up your Account or using the App or the Portal.
12.2 You agree that you will not do any of the following with respect to the App or the Portal:
12.2.1 assign or otherwise transfer your Account;
12.2.2 use the App or the Portal for any unlawful purpose, in any way that interrupts, impairs, damages the Homecharger, the App, the Portal 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 pulse account holders or to penetrate or attempt to penetrate any security measures;
12.2.3 do anything bp pulse reasonably considers to be disreputable or capable of damaging its reputation, the bp pulse network, the Portal and/or Apps, or the Services;
12.2.4 transmit any material designed to interrupt, damage, destroy or limit the functionality of the App or the Portal;
12.2.5 use any automated software to view the App or the Portal without consent and to only access the App or the Portal (as applicable) manually;
12.2.6 use the App or the Portal other than for your own personal use;
12.2.7 attempt to copy our data or reverse engineer our processes;
12.2.8 use the App or the Portal in any manner that is illegal, immoral or harmful to us (including to commit or facilitate the commitment of any fraud against us or any third party supplier);
12.2.9 remove or alter any copyright notices that appear on the App or the Portal;
12.2.10 publish any material that may encourage a breach of any relevant laws or regulations;
12.2.11 interfere with any other user’s enjoyment of the App or the Portal;
12.2.12 transmit materials protected by copyright without the permission of the owner;
12.2.13 misuse the App or the Portal by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App or the Portal, the server on which the App or the Portal is stored or any server, computer or database connected to the App or the Portal;
12.2.14 conduct yourself in an offensive or abusive manner whilst using the App or the Portal; or
12.2.15 create any link to the App or the Portal, our website or the website of any third party supplier, except in a way that is fair and legal and does not damage our reputation or that of a third party supplier, or take advantage of it.
12.3 You will comply with all applicable laws.
12.4 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.
12.5 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.
12.6 These Terms were updated on [1 March 2022].