1.1 Thank you for registering and setting up your account for Polar Instant, a service giving you pay as you go 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 (the Terms) apply to the services provided on the Polar Instant website (https://polarinstant.com/) (Polar Instant Website) and through the Polar Instant smart phone application (Polar Instant App) now and in the future for use in the United Kingdom, including the provision of access to use charging points on the Polar Network for the purpose of, inter alia, charging an electric vehicle (Services). Before using the Polar Instant Website or the Polar Instant App and 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 Polar Instant Website and the Polar Instant App.
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 support by email on email@example.com or by phone on 0330 016 5126 during normal working hours.
1.4 The Services currently include:
1.4.1 Polar Instant access (see clause 4 below);
1.4.2 Live Map and List Points (see clause 5 below);
1.4.3 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 functionality once it becomes available and tell you how to use it.
1.7 As detailed below, the Terms incorporate our Privacy Statement, BP Chargemaster and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 12 below).
2 SETTING UP AND USING YOUR ACCOUNT
2.1 To use the Polar Instant Services, you must:
2.1.1 create a Polar Instant user account (Account) on the Polar Instant Website or Polar Instant App 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 Polar Instant App.
2.2 You must ensure that all information that you provide when you create an Account and use the Polar Instant Website or Polar Instant App 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 Polar Instant App and the Services.
2.4 When you are at a BP forecourt, you may only use your mobile device, including the Polar Instant Website or Polar Instant App, while in your stationary vehicle or inside the BP store.
3 KEEPING YOUR ACCOUNT FOR POLAR INSTANT SECURE
3.1 When you set up your Account, you will be required to create an Account password. You may also set a PIN through your Account page on the Polar Instant App. We will ask you for your name, email address, , phone number and payment credentials and you must provide accurate and complete information in response to these questions.
3.2 If you add details of your payment credentials into the Polar Instant App, such details are collected, stored and processed on our behalf by a third party company, which is an FCA authorised payment services provider and is subject to data privacy measures.
3.3 You are responsible for ensuring that:
3.3.1 you are the only person that uses your Account – you must not authorise anyone else to use your Account;
3.3.2 you only log onto the Polar Instant Website or Polar Instant App on one device at any time;
3.3.3 your password, or passcode, and PIN are kept secure – for example, you must not tell anyone else your password, or passcode, and PIN and your password, or passcode, and PIN must not be kept as a written or electronic record with or on your mobile device; and
3.3.4 your Account information is updated if your details change. BP Chargemaster is under no obligation to check that any instruction or confirmation made through your Account is from you and 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 as soon as possible, and request deletion of your Polar Instant profile (Deletion Request), if the security of your Account is compromised due to:
3.4.1 your mobile device being lost or stolen;
3.4.2 your password and/or passcode becoming or likely to become known by another person; and/or
3.4.3 unauthorised access to your Account.
3.4.4 You can confirm that notification by email to BP Chargemaster via firstname.lastname@example.org.
3.4.5 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.
3.5 BP Chargemaster may enforce or implement any security measures it deems appropriate for the Polar Instant Website or Polar Instant App at any time and may update and add security measures to the Polar Instant Website or Polar Instant App at its discretion at any time.
3.6 Security of your Account is important to BP Chargemaster. However, BP Chargemaster cannot guarantee that the Polar Instant Website or Polar Instant 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 Account which contains personal and confidential information.
4 POLAR INSTANT
4.1.1 By registering to use Polar Instant, 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 Polar Instant Website and the Polar Instant App.
4.1.2 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.
4.1.3 Whilst BP Chargemaster strives to provide the most accurate information possible through the Polar Instant Website and the Polar Instant App, including through the Live Map and the List Points, we cannot guarantee the accuracy of the information provided through these platforms 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 or List Points is correct or up to date.
4.1.4 The cost of electricity supplied to you through charging points on the Polar Network is clearly expressed on the Polar Instant Website and in the Polar Instant App. Please refer to the Live Map or the List Points on the Polar Instant Website or Polar Instant App to check the tariffs for individual charging points.
4.1.5 If the credit on your Account falls below £3, you will be required to top up your credit before you can begin to charge your vehicle.
4.1.6 All payments made through the Polar Instant App and all credit added to your Account is non-refundable unless a refund request is made to the customer services team within 14 days of the initial purchase and provided that you have not used Polar Instant.
4.1.7 You agree that you will use all charging points safely and with reasonable care and skill.
4.2 Restrictions of use
4.2.1 You agree that you will not use the Polar Instant App while you are driving.
5.1 The Live Map and List Points uses the location services provided by your mobile device’s native operating system for the purposes of helping you locate a charging point site. To use the Live Map and List Points, you should consent to BP Chargemaster and/or the third-party service provider, who is providing the location and map services embedded in the Polar Instant Website or Polar Instant App, 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.
6 PERSONAL INFORMATION
6.1 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 Instant Website and the Polar Instant App covers your
rights to access and request correction of any of your personal information that we hold. Please read the Privacy Statement carefully.
7 INTELLECTUAL PROPERTY
7.1 BP Chargemaster owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the Polar Instant Website or Polar Instant App and the provision of the Services. All rights of ownership over and in respect of the Polar Instant Website or the Polar Instant App (other than the right to use the Polar Instant Website or the Polar Instant App in accordance with these Terms), will remain solely with BP Chargemaster and/or its licensors (as the case may be).
7.2 Any use of the Polar Instant Website or the Polar Instant App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the Polar Instant Website or the Polar Instant App is prohibited.
7.3 BP Chargemaster is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the Polar Instant Website or the Polar Instant App.
8 THIRD PARTY TERMS
8.1 BP Chargemaster may use third party applications, services and software in the Polar Instant Website or the Polar Instant App, 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 Instant Website or the Polar Instant App (such as location information, device information and user content).
9.1 In order to request the deletion of your Polar Instant profile data and/or Account, you must contact BP Chargemaster by email to email@example.com to request that BP Chargemaster deletes your Polar Instant profile data and/or Account. Our customer services team will not be able to delete your profile data/Account so
your request will be passed to our data team. Upon cancellation of your Account by our data team, BP Chargemaster must keep some information to comply with legal and financial regulations.
9.2 BP Chargemaster reserves the right to suspend or immediately cancel your access to the Polar Network, any of the Services, any functionality of the Polar Instant Website or the Polar Instant App, or your specific Account, with or without cause or notice, at any time.
9.3 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.
9.4 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.
9.5 If you sign up to a Polar Plus membership, existing credit from your Polar Instant Account can be transferred to your new Polar Plus account.
9.6 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.
10 CHANGES TO THE POLAR INSTANT WEBSITE OR POLAR INSTANT APP
10.1 BP Chargemaster may change the format, content and/or functionality of all or any part of the Polar Instant Website or the Polar Instant App 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 Instant Website or the Polar Instant App whilst BP Chargemaster completes this activity but BP Chargemaster will seek to minimise any time the Polar Instant Website or the Polar Instant App is unavailable for use.
10.2 Updates to the Polar Instant App may be issued from time to time. Depending on the update, you may not be able to use all or part of the Polar Instant App until you have downloaded the latest version of the Polar Instant App 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 the new version of the Polar Instant App, you may no longer be able to use the Polar Instant App.
11.1 BP Chargemaster is providing the Services and the Polar Instant Website or the Polar Instant App to you ‘as is’ and you are using this Polar Instant App 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 Instant Website or the Polar Instant App are excluded.
11.2 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 Instant Website or the Polar Instant App.
11.3 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 Instant Website or the Polar Instant 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 Polar Network, Polar Instant Website or the Polar Instant App 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:
11.3.1 any failure or defect of, or damage caused by, any charging point on the Polar Network;
11.3.2 any changes to the number or locations of charging points on the Polar Network;
11.3.3 third party damage to charging points, vehicles or any other third-party property;
11.3.4 any out of date or incorrect information displayed on the Polar Instant Website or the Polar Instant App;
11.3.5 any third-party software and services embedded in the Polar Instant Website or the Polar Instant App, including payments services (see clause 7 above);
11.3.6 any bugs, viruses, trojans, or the like (regardless of the source of origination);
11.3.7 the actions or inactions of other Polar Instant Website or the Polar Instant App users;
11.3.8 suspension or loss of access to the Polar Instant Website or the Polar Instant App or any functionality;
11.3.9 unauthorised use or misuse of your Account for any reason where BP Chargemaster has not received written notice of deletion in accordance with clause 3.4;
11.4 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.
11.5 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 Polar Instant Website or the Polar Instant App in breach of these Terms or any third party terms (see clause 7 above).
11.6 You acknowledge that the Polar Instant Website or the Polar Instant 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 Chargemaster may amend these Terms from time to time by publishing an updated version on the Polar Instant Website and in the Polar Instant App. Please check the terms published on the Polar Instant Website and in the Polar Instant App periodically for changes. Your continued use of the Polar Instant Website or the Polar Instant App following publication of updated Terms confirms your acceptance of the updated Terms.
12.2 The changes BP Chargemaster can make to these Terms, without your authorisation, are limited to changes:
12.2.1 to reflect updates to the functionality, security, options and Services available on the Polar Instant Website or the Polar Instant App;
12.2.2 to reflect third party terms and conditions that apply to BP Chargemaster and/or the Polar Instant Website or the Polar Instant App;
12.2.3 that are generally beneficial to, or do not have any adverse impact on, users of the Services, the Polar Instant Website or the Polar Instant App; and/or
12.2.4 that are required to reflect changes to applicable law.
12.3 BP Chargemaster will request your confirmation, via the Polar Instant Website or the Polar Instant App, that you agree to the updated Terms if the updated Terms incorporate any other changes not listed above. Your continued use of the Polar Instant Website and the Polar Instant App will be subject to your confirmation that you agree to the updated Terms.
13.1 You must comply with any additional terms and conditions, or instructions from BP Chargemaster, brought to your attention in the Polar Instant Website or the Polar Instant App, when you are setting up your Account or using the Polar Instant Website or the Polar Instant App.
13.2 You agree that:
13.2.1 you will not assign or otherwise transfer your Account;
13.2.2 you will not use the Polar Network, Polar Instant Website or the Polar Instant App for any unlawful purpose, in any way that interrupts, impairs, damages the Polar Network, Polar Instant Website or the Polar Instant App 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;
13.2.3 you will not do anything BP Chargemaster reasonably considers to be disreputable or capable of damaging its reputation, the Polar Network, Polar Instant Website or the Polar Instant App or the Services; and
13.2.4 you will comply with all applicable laws.
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 Chargemaster to exercise any right shall not be deemed a waiver of that right or any other rights that BP Chargemaster may have.
13.4 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.
13.5 These Terms were updated on 9th August 2019.