Introduction

  1. Thank you for downloading and setting up your account on the New Zealand BPMe application (BPMe App), provided by BP Oil New Zealand Limited (BP, us or our).
  2. The terms and conditions set out or referred to below (the Terms) apply to the services provided on the BPMe App now and in the future for use in New Zealand (Services). By downloading the BPMe App and setting up your BPMe account, you confirm that you have read, understood and agree to be bound by these Terms. If you do not agree to these Terms, you must not access, or must stop accessing, the BPMe App.
  3. The Services currently include:
    • Pay in Car (see clause 4 below)

    • Wild Bean Cafe key tag (see clause 5 below)

    • Find a BP (see clause 6 below)

    • AA Smartfuel programme digital card (see clause 7 below).

    • Wild Bean Cafe pre-order (see clause 8 below)

    Use of some Services is subject to our approval, at our discretion, and may only be available to eligible customers.
  4. As detailed below, the Terms incorporate our Privacy Statement, BP and third party terms and conditions referred to below and updates made to the Terms in the future (see clause 15 below).
  5. We have highlighted some of the most important Terms in bold below.

Setting up and using your BPMe Account

  1. To use the BPMe App, you must:
    (a) create a BPMe account; and

    (b) have an internet-enabled, eligible mobile device which is connected to the internet and uses a software version that supports the BPMe App.
  2. You must ensure that all information that you provide when you create a BPMe account and use the BPMe App is accurate, up to date and not misleading.
  3. You may incur and are solely responsible for charges from your mobile phone network operator for downloading and using the BPMe App and the Services.
  4. When you are at a BP site, you may only use your mobile device, including the BPMe App, while in your stationary vehicle or inside the BP store. You must not use your mobile device whilst driving or outside your car on the forecourt of a BP site.

Keeping your BPMe Account secure

  1. When you set up your BPMe account, you will be required to create a BPMe account password.
  2. If you use Pay in Car (or any additional Services that we add to BPMe that require additional security) you may be required to, or have the option to, create an additional 'passcode' or use your mobile device's touch ID functionality – for example, when you add a payment card for Pay in Car. Please be aware that any fingerprint activated for touch ID on your mobile device will be valid and you are responsible for any purchases made using any fingerprints stored on your mobile device.
  3. You are responsible for ensuring that:
    (a) you are the only person that uses your BPMe account – you must not authorise anyone else to use your BPMe account;

    (b) you only log onto your BPMe account on one device at any time;

    (c) your password and passcode are kept secure - for example, you must not tell anyone else your password or passcode and your password or passcode must not be kept as a written or electronic record with or on your mobile device; and

    (d) your BPMe account information is updated if your details change – for example, it is essential that you update your mobile phone number if it changes in order to continue to use your BPMe account and your BP Fuelcard number, if you are using the Pay in Car Service.


    BP is under no obligation to check that any instruction or confirmation made through your BPMe account is from you and BP is only liable for any loss or damage arising from your failure to keep your password and passcode secure in the circumstances described in clause 3.5 below.
  4. You must notify BP immediately, and request deletion or temporary suspension of your BPMe account (Deletion Request), if the security of your BPMe account is compromised due to:
    (a) your mobile device being lost or stolen;

    (b) your password and/or passcode becoming or likely to become known by another person; and/or

    (c) unauthorised access to your BPMe account.

    You must confirm that notification by email to BP via bpme@bp.com within 24 hours.
  5. You (and your BP Fuelcard account holder, if applicable) will not be liable for any unauthorised transactions made from the second working day following receipt of a Deletion Request by BP. BP will not be liable for any transactions using your BPMe account prior to the second working day following receipt of a Deletion Request by BP.
  6. BP may enforce or implement any security measures it deems appropriate for the BPMe App at any time and may update and add security measures to the BPMe App at its discretion at any time.
  7. Security of your BPMe account is important to BP. However, BP cannot guarantee that the BPMe 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 BPMe account which contains personal and confidential information.

Pay in Car Terms of Use

General

  1. Pay in Car currently enables you to use the BPMe App to pay for fuel using authorised credit and debit cards or a BP Fuelcard, at participating BP sites, in accordance with this section 4.
  2. BP plans to add additional payment methods for Pay in Car in future. If you use an alternative payment method available for Pay in Car you agree to any additional applicable terms and conditions that BP notifies to you.
  3. Pay in Car can only be used to purchase fuel and is only available at some BP sites and during the relevant site's usual attended operating hours, unless a BP site has chosen to offer this Service outside attended operating hours.
  4. Some fuel types may not be available for purchase through Pay in Car at some BP sites. Fuel that is not available for purchase through Pay in Car at a BP site will not appear as a fuel option in the Pay in Car menu when you use Pay in Car at that BP site.

Credit and debit cards

  1. You can use Pay in Car in the BPMe App by adding a credit card or debit card issued by a New Zealand bank (your Nominated Card) that is eligible for the Pay in Car Service – you can check whether your Nominated Card is eligible by attempting to load it in the 'My Payment Cards' section of the Pay in Car menu. However, your Nominated Cards may not be accepted at some BP sites.
  2. You can load up to five Nominated Cards into the BPMe App. You may delete and add Nominated Cards and update certain preferences associated with your Nominated Cards in the 'My Payment Cards' section of the BPMe App.
  3. Each time you load a Nominated Card into the BPMe App, you authorise a temporary hold of $1 against that Nominated Card. BP is not responsible for, and has no influence over, the time it takes for your bank to release the $1 hold. Please contact your bank if you have any questions.
  4. You will not be able to use a Nominated Card for the Pay in Car Service if it has expired, has been reported stolen by your bank or is no longer eligible for use in Pay in Car for any reason. You will be notified in Pay in Car if a Nominated Card is no longer able to be used.
  5. BP will never see nor store the details of your Nominated Cards. Such details are collected, stored and processed by BP's payment services provider, Payment Express, who processes your purchases when you use the BPMe App. For further information regarding Payment Express and how it encrypts and processes payment transactions, see the Payment Express website.
  6. If you use a Nominated Card to purchase fuel using Pay in Car, you authorise a pre-authorisation hold against your Nominated Card (for credit cards) or bank account (for debit cards) equal to the value of fuel that you select in Pay in Car or, if no specific value is selected (e.g., you choose the 'Fill Preset' option), up to $200 (including GST) (Pre-Authorisation Hold). If a Pre-Authorisation Hold is not granted for any reason, for example, if the relevant account does not have the funds necessary for the Pre-Authorisation Hold, you will not be able to proceed with the purchase at all or will only be able to purchase fuel up to the value of any 'partial' Pre-Authorisation Hold confirmed by your bank or the issuer of your Nominated Card. You will be notified of the amount of any 'partial' Pre-Authorisation Hold applied to your Nominated Card or bank account through Pay in Car.
  7. BP is not responsible for, and has no influence over, the time it takes for your bank to release a Pre-Authorisation Hold. Please contact your bank if you have any questions.
  8. IMPORTANT: A Pre-Authorisation Hold will be made each time you authorise payment using a Nominated Card for Pay in Car. In some cases, this may result in multiple Pre-Authorisation Holds – for example, if you cancel a payment authorisation, or a payment authorisation times out, and you then proceed with another payment authorisation to purchase fuel using your Nominated Card.

BP Fuelcard

  1. You can register one BP Fuelcard on your BPMe Pay in Car account if:
    (a) you have a BP Fuelcard (your BP Fuelcard) that is eligible for the Pay in Car Service - you can check whether your BP Fuelcard is eligible by attempting to load your Fuelcard number in the Pay in Car menu or contacting BP (see clause 17); and

    (b) your use of the Pay in Car Service is approved by your BP Fuelcard account holder (being the individual who administers the BP Fuelcard account on behalf of your employer) - request for this approval will be initiated via the BPMe App when you register for the Pay in Car Service. Approval is at your BP Fuelcard account holder's discretion and may be revoked by your BP Fuelcard account holder at any time.

  2. A BP Fuelcard registered on your BPMe Pay in Car account can only be used to purchase fuel, in accordance with any existing restrictions (e.g. fuel type, daily limit) imposed on you by your employer or any other monetary or other limitations applicable to your BP Fuelcard.
  3. The "standard terms and conditions for the supply of products and BP Fuelcard" between BP and your BP Fuelcard account holder (BP Fuelcard Terms) continue to apply to your BP Fuelcard. If there is any inconsistency, the BP Fuelcard Terms will take precedence.
  4. If you register a BP Fuelcard for Pay in Car, you must keep your physical BP Fuelcard. Pay in Car is not available at non-BP sites (e.g., G.A.S. or RD Petroleum sites) and BP cannot guarantee that Pay in Car will always be available at BP sites.

Digital instance of payment cards

  1. You acknowledge that registering your Nominated Card and BP Fuelcard on the BPMe App creates a digital instance of your physical card. This means that, if you have a Nominated Card or BP Fuelcard registered on your BPMe Pay in Car account:
    (a) if your physical card is cancelled, the Nominated Card or BP Fuelcard registered on your BPMe account will also be cancelled and will no longer be able to be used. However, if you cancel your BPMe account, or remove your Nominated Card or registered BP Fuelcard from your BPMe account, but do not cancel your physical card, your physical card can still be used; and

    (b) you must cancel all digital instances of your Nominated Cards and BP Fuelcards registered on your BPMe account if your device or your card(s) is lost or stolen. You can contact us for help with cancelling your digital instances of your Nominated Cards or BP Fuelcard (see clause 16).

Using Pay in Car

  1. Pay in Car uses the location services provided by your mobile device's native operating system for the purposes of determining the BP site you are at. To use Pay in Car, you must consent to BP accessing information about your current location by enabling location services through the permission system used by your mobile device's native operating system. Confirmation of your location at a BP site is a component of the security measures for Pay in Car. At some BP sites, Pay in Car will also require that you confirm the specific BP site that you are located at (e.g., where a BP retail site and truck stop are co-located). You can use Pay in Car to request to purchase and authorise payment for fuel from BP, from a specified pump that you identify as the pump that you intend to take your fuel from (Selected Pump). Approval of your request by BP is at BP's discretion. Your request will lapse if fuel does not start being dispensed from the Selected Pump within a 'time out period' that starts when you see the 'Ready to Pump' screen and ends at a time determined by BP from time to time (time out period).
  2. You may cancel your request for any reason up until fuel begins to be dispensed at your Selected Pump (for example, if you become aware that you have identified the incorrect pump for your vehicle).
  3. IMPORTANT: If you have paid for your fuel using Pay in Car correctly, Pay in Car will confirm 'All paid, thanks'. If you have completed fuelling your vehicle and do not see this message, and/or you see the message 'There's been a problem', any fuel dispensed to your vehicle will not have been charged to your BP Fuelcard or Nominated Card (as applicable) via Pay in Car and accordingly you will not have paid for, and will remain liable for, that fuel. You will need to go in store to pay for the fuel you received or, if you are at an un-manned BP site, you will need to call us on 0800 800 027 (option # 2) during normal working hours.
  4. IMPORTANT: It is your responsibility to ensure that, when you use Pay in Car, you select the correct site (if applicable) and pump number for the pump that you intend to take your fuel from. If the Selected Pump is not the pump you take your fuel from, the following applies:
    (a) if any person starts pumping fuel from the Selected Pump in the time out period, any fuel dispensed will be charged by BP to the payment method you authorised for the Selected Pump using Pay in Car (i.e., a Nominated Card or BP Fuelcard). If you authorised payment using your Nominated Card, a Pre-Authorisation Hold will also apply (see clause 4.10);

    (b) any fuel dispensed to your vehicle will not be charged to your BP Fuelcard or Nominated Card (as applicable) via Pay in Car and accordingly you will not have paid for, and will remain liable for, that fuel. You will need to go in store to pay for the fuel you received.

    Where your Selected Pump is used by another driver, and you pay for your fuel in store, we will endeavour to reconcile the amount attributable to the Selected Pump charged to your BP Fuelcard account or your Nominated Card with the other driver. However, BP may not be able to, and is not required to, reverse charges that you did not intend to be charged to your BP Fuelcard or your Nominated Card, as a result of you entering an incorrect pump number for the Selected Pump when using Pay in Car or your Selected Pump not being hung up correctly after fuelling is complete (see below).
  5. IMPORTANT: It is your responsibility to ensure that, when you use Pay in Car, the hose of your Selected Pump has been hung up correctly after fuelling is complete. You will know the Selected Pump has been hung up correctly when you see the ‘All paid, thanks' screen. If you do not see this screen, you will need to re-hang the hose until that screen appears. If the Selected Pump has not been hung up correctly, and any person continues pumping fuel from your Selected Pump, any fuel dispensed will be charged by BP to the BP Fuelcard account linked to your BP Fuelcard, in accordance with the BP Fuelcard Terms or your Nominated Card (as applicable).
  6. You agree that you will not use Pay in Car or otherwise use the BPMe App:
    (a) if you are refuelling a motorbike;

    (b) if you are under 16 years of age;

    (c) if you are filling a non-approved container;

    (d) if you are driving or your car is in motion; or

    (e) at any time that you are out of your vehicle and on the BP retail site forecourt.

  7. You agree that you will comply with the relevant BP site safety rules and regulations at all times while using Pay in Car and the BPMe App.

Wild Bean Cafe Digital Key Tag Terms of Use

  1. All BPMe account holders can use the BPMe Wild Bean Cafe key tag Service by:
    (a) adding your existing Wild Bean Cafe card key tag number (if it is eligible for use on the BPMe App) – you can check whether your card is eligible by attempting to load your Wild Bean Cafe key tag number into the BPMe App or by contacting BP (see clause 17); or

    (b) creating a digital key tag by selecting the Wild Bean Cafe key tag 'Create digital tag' option,

    (each a Digital Key Tag).
  2. The "Wild Bean Cafe card and key tag Terms & Conditions" (Wild Bean Cafe Terms) applies to your Digital Key Tag. If you have registered for a Digital Key Tag, references in the Wild Bean Cafe Terms to "Card" include your Digital Key Tag. You will be notified through the BPMe App once you are entitled to receive the registered card coffee or other drink offer.
  3. By having a Digital Key Tag, you will receive the registered card offer whether or not your physical Wild Bean Cafe card has been registered with BP or you have unsubscribed from receiving Wild Bean Cafe communications. Your Digital Key Tag can also be used for special promotions and offers that Wild Bean Cafe offers to registered Wild Bean Cafe card holders.
  4. If you have an existing Wild Bean Card key tag number and do not use it for your Digital Key Tag, you may receive different deals on your Digital Key Tag and your existing key tag, and your points and rewards will accrue separately.

Find a BP Terms of Use

  1. All BPMe account holders can use Find a BP.
  2. Find a BP uses the location services provided by your mobile device's native operating system for the purposes of helping you locate a BP site (and G.A.S and RD Petroleum sites if you have a BP Fuelcard loaded). To use Find a BP you must consent to BP and/or the third party service provider, who is providing the location and map services embedded in the BPMe App, accessing information about your current location by enabling location services through the permission system used by your mobile device's native operating system.
  3. Neither BP and/or any third party service provider guarantees that the information displayed through the Find a BP Service is correct or up to date.

AA Smartfuel Programme Digital Card Terms of Use

  1. You can use your BPMe account to create a digital instance of your AA Smartfuel programme card, by adding your existing registered AA Smartfuel card or AA Membership card (AA Smartfuel Card) in the BPMe App (Digital AA Smartfuel Card). Your Digital AA Smartfuel Card can be used in store or through Pay in Car at Pay in Car and AA Smartfuel participating BP sites.
  2. If your existing registered AA Smartfuel Card is de-registered, your Digital AA Smartfuel Card may not work in the BPMe App.
  3. The "AA Smartfuel programme terms and conditions" and any other terms applicable to your use of the AA Smartfuel Card (AA Smartfuel Terms) apply to your Digital AA Smartfuel Card. For example, you will "accumulate" (i.e. earn) or “redeem” (i.e. use/spend) AA Smartfuel fuel discounts in accordance with the AA Smartfuel Terms. If there is any inconsistency with these terms, the AA Smartfuel Terms will take precedence. To the extent required to apply to Digital AA Smartfuel Cards, the AA Smartfuel Terms should be construed as applying to both a physical and digital instance of an AA Smartfuel Card.
  4. If you create a Digital AA Smartfuel Card:
    (a) you must keep your physical AA Smartfuel Card. Your Digital AA Smartfuel Card is only available for use at participating BP sites and is not able to be used at any other retailers that may participate in the AA Smartfuel programme; and

    (b) your BPMe account may be used to notify you of BP AA Smartfuel fuel discounts applicable to you at the time of the notification. However, the fuel discount displayed in the BPMe App at any time may not reflect all discounts actually available to you at that time.

  5. Your decision to "redeem" or "accumulate" fuel discounts cannot be reversed once you have selected your choice in the BPMe App and completed your transaction.

Wild Bean Cafe Pre-Order Terms of Use

  1. All BPMe account holders can use Wild Bean Cafe Pre-order.
  2. Wild Bean Cafe Pre-order enables you to order selected Wild Bean Cafe beverages, at participating BP sites, in accordance with this section 8.
  3. The Wild Bean Cafe beverage can only be pre-ordered and purchased from certain BP sites and during the relevant site’s usual attended operating hours.
  4. You must pay for your Wild Bean Cafe beverage purchase at the selected BP site at the time you collect your order.
  5. You cannot cancel or change your Wild Bean Cafe beverage order after clicking ‘Place Your Order’. If you do not collect your order you will still be liable to pay for it.
  6. BP is not liable if for any reason the Wild Bean Cafe beverage you order is not available.

BP's Privacy Statement

  1. All personal information provided or collected by us in connection with the BPMe App will be collected, stored and used in accordance with the Privacy Act 1993 and BP's Privacy Statement. By continuing to use the BPMe App you consent to the collection, use, disclosure and storage of your personal information in accordance with BP's Privacy Statement.
  2. Please refer to our Privacy Statement for details of your rights to access and request correction of any of your personal information that we hold.
  3. If you do not provide, or consent to collection of, the information requested by BP using the BPMe App, you may not be able to use some or all of the Services.

Intellectual Property

  1. BP owns or has obtained a valid licence to use all copyright, trademarks and other intellectual property rights in connection with the BPMe App. All rights of ownership over and in respect of the BPMe App (other than the right to use the BPMe App in accordance with these Terms), will remain solely with BP and/or its licensors (as the case may be).
  2. Any use of the BPMe App in any manner not permitted under these Terms, including without limitation, resale, transfer, modification, or distribution of all or part of the BPMe App is prohibited.
  3. BP is not required to provide any documentation, support, telephone assistance, or enhancements or updates to the BPMe App.

Third Party Terms

  1. BP may use third party applications, services and software in the BPMe App, including, but not limited to, payment 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 BPMe App (such as location information, device information and user content).
  2. When you use the BPMe App, you are agreeing to BP'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 BP's Privacy Statement, and that you are aware of any third party privacy policies that may apply to you, in conjunction with these Terms. A breach of any such terms of use, licenses, or privacy policies will be deemed a breach of these Terms.

Termination

  1. You can delete the BPMe App on your mobile device at any time. You must notify BP by email to bpme@bp.com if you wish to permanently delete your BPMe account. Upon termination of your BPMe account, your login details and other information contained within the BPMe App will be permanently deleted.
  2. BP reserves the right to suspend or immediately terminate the BPMe App, any of the Services, any functionality of the BPMe App, or your specific BPMe account, with or without cause or notice, at any time.
  3. Where BP suspends or terminates your BPMe account as a result of a breach of these Terms by you, you are not permitted to create a new account to circumvent the suspension or termination.
  4. 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.

Changes to the BPMe App

  1. BP may change the format, content and/or functionality of all or any part of the BPMe App at any time.
  2. Updates to the BPMe App may be issued from time to time. Depending on the update, you may not be able to use all or part of the BPMe App until you have downloaded the latest version of the BPMe App and accepted any new terms.

Liability

  1. To the extent permitted by law, the provisions of the Consumer Guarantees Act 1993 will not apply where you use the BPMe App for the purpose of a business and all other warranties and conditions whether express, implied or statutory with respect to the BPMe App and the provision of the Services are excluded.
  2. To the extent permitted by law, in no event will BP, nor its directors, employees, agents, partners or any other party involved in creating, producing or delivering the BPMe 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 BPMe App and any of the Services. This applies, without limitation, to any loss or damage which you, or your BP Fuelcard account holder or any joint-holder of a Nominated Card, may suffer as a result of or in connection with:
    (a) any third party software and services embedded in the BPMe App, including payments services (see clause 11 above);

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

    (c) the actions or inactions of other BPMe App users;

    (d) you selecting an incorrect site, pump number or your Selected Pump not being hung up correctly after fuelling is complete when using Pay in Car (see clauses 4.21 and 4.22 above);

    (e) the actions or inaction of participating retailers;

    (f) suspension or loss of access to the BPMe App or any functionality;

    (g) unauthorised use or misuse of your BPMe account for any reason where BP has not received written notice of deletion in accordance with clause 3.4;

    (h) unauthorised access to your BPMe account or any information provided using your BPME account, including payment information;

    (i) any Pre-Authorisation Hold (see clause 4.10 above); and/or

    (j) your Digital AA Smartfuel Card, including errors, omissions or delays in applicable discounts.

  3. You will indemnify BP against any claims, costs, damages, losses, liabilities, expenses or legal proceedings brought against BP by any other person as a result of unauthorised access to your BPMe account and/or your use of the BPMe App in breach of these Terms or any third party terms (see clause 11 above).
  4. You acknowledge that the BPMe App is provided at no charge and accordingly the exclusions of liability and indemnity set out in this clause are fair and reasonable.

Changes to these terms

  1. Subject to the remainder of this clause, BP may amend these Terms from time to time by publishing an updated version in the BPMe App. Please check the terms published in the BPMe App periodically for changes. Your continued use of the BPMe App following publication of updated Terms confirms your acceptance of the updated Terms.
  2. The changes BP can make to these Terms, without your authorisation, are limited to changes:
    (a) to reflect updates to the functionality, security, options and Services available on the BPMe App;

    (b) to reflect third party terms and conditions that apply to BP and/or the BPMe App;

    (c) that are generally beneficial to, or do not have any adverse impact on, users of the BPMe App; and/or

    (d) that are required to reflect changes to applicable law.
  3. BPMe will request your confirmation, via the BPMe App, that you agree to the updated Terms if the updated Terms incorporate any other changes. Your continued use of the BPMe App will be subject to your confirmation that you agree to the updated Terms.

General

  1. You must comply with any additional terms and conditions, or instructions from BP, brought to your attention in the BPMe App, when you are setting up your BPMe Account or using the BPMe App.
  2. You agree that:
    (a) you will not assign or otherwise transfer your BPMe account;

    (b) you will not use the BPMe App for any unlawful purpose, in any way that interrupts, impairs, damages or renders the BPMe App less efficient, to transfer files that contain viruses, trojans or other harmful programmes, to access or attempt to access the accounts of other BPMe account holders or to penetrate or attempt to penetrate any security measures;

    (c) you will not do anything BP reasonably considers to be disreputable or capable of damaging its reputation, the BPMe App or the Services; and

    (d) you will comply with all applicable New Zealand law.
  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 to exercise any right shall not be deemed a waiver of that right or any other rights that BP may have.
  4. These Terms are governed by and construed in accordance with the laws of New Zealand and you submit to the exclusive jurisdiction of the Courts of New Zealand.
  5. These Terms constitute the entire agreement between you and BP.

Contact Us

  1. If you have any questions about these Terms or the BPMe App, or wish to notify us of any of the matters referred to in these terms, please contact BP by email on bpme@bp.com or by phone on 0800 800 027 (option # 2) during normal working hours.

    These Terms were last updated in September 2017.