TERMS &
CONDITIONS

Terms & Conditions BT Corp

Definitions and interpretation

The clause headings in this document have been inserted for convenience only and not for interpretation purposes.

Reference herein to the singular includes the plural and vice versa; and

  • “Services” means any services available on or through the Website
  • “BT Corp” means BT Corp Pty Ltd, registration number 2015/146455/07
  • “Website” means the BT Corp website and all other websites owned and operated by BT Corp, including the content and Service(s) available on and through the websites and any page, part or element thereof;
  • “User” means any person who enters or uses the Website;
  • “Applicant” means any person who applies to the BT Corp programme by submitting the relevant documentation on the Apply Now section of the website.
  • “Member” means any person that has applied to the BT Corp programme and has been approved to participate in the programme.
  • “Tags” or “Cards” or “Antennae” refers to the tags, cards and antennae's used to pay for fuel at participating service stations
  • “Bank account” refers to the BT Corp debit account and many be referred to as a BT Corp account.
  • “Cashback” refers to the rebate that members receive for using the BT Corp programme
  • “Web Application” is an application programme (or “app”) that uses a Web browser and the Internet to accomplish a task for the User on a website. It is developed with web programming languages and other computer technologies that are intended to be used on the Internet. Examples of Web browsers are FireFox, Safari and Internet Explorer.

 

 

  1. Application Process
    1. The applicant must complete all necessary fields and submit all required documentation to finalise the application.
    2. BT Corp members are business entities and not private persons
    3. Applying to the BT Corp programme does not guarantee approval and membership to the programme.
    4. Membership to the BT Corp programme is ultimately determined by Owners/ Directors of BT Corp, based on proof of business ownership and activity.
    5. Approval of the applicant’s application may vary in time from one application to another, as approval is subject to a number of verifications.
  2. Tags, Cards & Antennae's
    1. Fuel payment cards/tags/antennaes issued to members are issued by BP and are named BP cards/tags/antennaes.
    2. Cards/Tags/Antennaes are branded with the trademarked BP logo and are issued to members by BP.
    3. Cards/Tags/Antennaes are linked to a debit account and do not function as credit card/tags/antennaes (see 4)
    4. BT Corp is not responsible for any incorrectly printed details on cards/tags/antennaes. Should incorrect details be submitted or should any cards/tag/antennae details change, the cost of new cards/tags/antennaes will be for the customer’s account.
    5. Should a card/tag/antennae be declined by any participating BP Service station, for any reason, BT Corp will not be held responsible.
    6. BT Corp will not be held responsible for the unsolicited use of cards/tags/antennaes by any party that has not obtained permission from the cardholder.
    7. Should a card/tag/antennae be lost or stolen, it is the responsibility of the member to report this to the BP Call centre immediately, in order to stop the card/tag/antennae immediately.
    8. All BP cards/tags/antennaes ordered and not in use for a consistant period of 90 days will be cancelled, thereafter a R350 cancellation fee will be charged per card/tag/antennae.
  3.  Courier Service
    1. BT Corp has partnered with Pargo to deliver cards/tags/antennaes to members and is not responsible for delivery of cards/tags/antennaes to any incorrect location, incorrect person, late delivery, delivery of damaged cards/tags or non-delivery of cards/tags/antennaes.
    2. Cards/tags/antennaes are only dispatched once the once-off courier and admin fee has been deposited into the BT Corp account.
  4.  Bank Account
    1. Cards/tags/antennaes are linked to a BT Corp debit bank account
    2. BT Corp is not responsible for any process errors that may occur during bank account set-up or crediting the bank account.
    3. BT Corp accounts are for the sole purpose of paying for diesel. No other products/ goods can be purchased with funds from a BT Corp account.
    4. Funds can be deposited into the BT Corp account (via EFT or direct deposit)
    5. Funds cannot be transferred from the BT Corp account to another bank account.
    6. Funds may take up to 48 hours to clear in the BT Corp account.
    7. BT Corp is not responsible for insufficient funds in the BT Corp account at the time of the diesel purchase.
    8. BT Corp will retain a minimum balance in your account to ensure that your account always has a debit balance.
      1. Minimum balances will be dependant on the size of your fleet, you will be notified of such on application.
      2. You will be notified when you have reached this balance and your account will be soft-blocked until more funds are deposited into the account.
      3. Should you decide to close your BT Corp account, funds that are in your account will be transferred to you at a cost of R50. The funds avaible in your account will be transfered within 7 working days.
  5. Re-fuelling Vehicles
    1. The BT Corp programme is only applicable to participating BP Service Stations, as listed on the website.
    2. BT Corp is not responsible for the incorrect listing of any BP service station/s on the website (see 7.6)
    3. Diesel is the only fuel product associated with the BT Corp programme.
    4. BT Corp is not responsible for the incorrect monetary amount debited from a member’s BT Corp account by the service station personnel.
    5. BT Corp is not responsible for the incorrect fuel product or incorrect amount of fuel dispensed into vehicles at a service station.
    6. A transaction fee will be charged every time a diesel is purchased and paid for with the BP card/tag/antennae.
  6. Cashback
    1. Cashback amount is dependent on number of litres of diesel purchased during the period of one calender month
    2. Cashback is dependent on the pump price of diesel at the service station where the member re-fuels, and is up to a maximum of R1 per litre of diesel.
    3. Cashback amount for the calender month is deposited into the member’s BT Corp account one week in arrears (end of the first week of the new month) and reflects as a debit in the account.
  7. Website disclaimer and limitation of liability
    1. The Website User must use discretion before taking any action based on the information displayed on the Website.
    2. BT Corp provides the Website “as is” and it makes no warranty as to its use, availability or performance.
    3. BT Corp (including its owners, employees, suppliers, Internet service providers, partners, affiliates and agents) shall not be liable for any damage, loss or liability of any nature incurred by whomever and resulting from:
      1. access to the Website;
      2. access to and use of the Services;
      3. access to websites linked to the Website;
      4. inability to access the Website or use the Services;
      5. inability to access websites linked to the Website;
      6. content available on the Website; or
      7. any other reason not directly related to BT Corp’s gross negligence.
    4. The BT Corp website is supplied on an "as is" basis and has not been compiled to meet the User's individual requirements. It is the responsibility of the User to satisfy himself or herself, prior to entering into this agreement with BT Corp, that the content available from and through the Website meets the User's individual requirements and is compatible with the User's computer hardware and/or software.
    5. Information, ideas and opinions expressed on the Website should not be regarded as professional advice or the official opinion of BT Corp, and Users are encouraged to obtain professional advice before taking any course of action related to the information, ideas or opinions expressed on the Website.
    6. BT Corp does not make any warranties or representations that content and Services available from the Website shall in all cases be true, correct or free from any errors. BT Corp shall take all reasonable steps to ensure the quality and accuracy of content available from the Website.
    7. BT Corp does not make any warranties or representations that the Website shall be available at all times. Users acknowledge that the Website may be unavailable due to updates or other causes beyond the reasonable control of BT Corp, including, but not limited to, virus infection, unauthorised access (hacking), power failure or other “acts of God.”
    8. The User must take special note that BT Corp reserves the right to hold a consumer liable for any losses suffered by BT Corp due to the cybercrime committed by the User on the website.
  8. Allowed use and licence
    1. BT Corp licenses the User to view, download and print the content of the Website provided that such use is for private, personal, educational and/or non-commercial purposes only.
    2. Content from the Website may not be used or exploited by Users for any commercial or non-private purposes without the prior written consent of BT Corp.
    3. Users may only access and browse the Website for legitimate personal or commercial purposes and may not use the Website for:
      1. Harmful purposes;
      2. Illegal purposes;
      3. Disclosing, sharing or publishing material that may be offensive, defamatory, regulated, copyrighted, incorrect, untrue, prohibited, infringing or damaging to any person; and/or
      4. The creation, storage and sending of unsolicited commercial communications.
    4. The caching of the Website shall only be allowed if
      1. The purpose of the caching is to make the onward transmission of the content from the Website more efficient;
      2. The cached content is not modified in any manner whatsoever;
      3. The cached content is updated at least every 12 (twelve) hours; and
      4. The cached content is removed or updated when so required by BT Corp.
    5. If any User uses content from the Website in breach of the provisions detailed herein:
      1. BT Corp reserves the right to claim damages from the User;
      2. BT Corp reserves the right to institute criminal proceedings against the User; and
      3. BT Corp shall not be liable, in any manner whatsoever, for any damage, loss or liability that results from the use of such content by the User or any third party who obtained any content from the User.
    6. Hyperlinks to the Website from any other source shall be directed to the home page of the Website. Links beyond the BT Corp home page may only be used with BT Corp’s prior written consent.
    7. Users may quote small and reasonable amounts of content available from the Website and only if such a quote is placed in inverted commas and acknowledged.
    8. No person may, without the prior written consent of BT Corp, frame the Website in any manner whatsoever.
    9. Apart from bona-fide search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or Web Applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of BT Corp.
    10. E-mail addresses, names, telephone numbers, and fax numbers published on the Website may not be incorporated into any database used for electronic marketing or similar purposes. No permission is given or should be implied that information on the Website may be used to communicate unsolicited communications to BT Corp and all rights detailed in section 45 of the ECT Act are reserved.
    11. All licences and/or permissions granted in terms of this clause are provided on a nonexclusive and non-transferable basis and may be terminated or cancelled by BT Corp at any time without prior notice or reason.
  9. Intellectual property rights
    1. All intellectual property on the Website, including but not limited to content, trademarks (or any confusingly similar trademarks), trade names, logos, pictures, video, downloads, domain names, patents, design elements, software, source code, meta tags, databases, text, graphics, icons and hyperlinks are the property of or licensed to BT Corp and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights licensed to the User in clause 9, all other rights to intellectual property on the Website are expressly reserved.
    2. No person shall amend, copy, use, decompile and/or reverse engineer the source code of the Website.
    3. No person may use logos, icons, photos, pictures, graphics or trademarks and the like from the Website as hyperlinks or for other purposes without BT Corp’s prior written consent.
  10. Software and equipment
    It is the responsibility of the User to acquire and maintain, at his/her own expense, the necessary computer hardware, software, communication lines and Internet access accounts required to access the Internet and the Website and/or download content from the Website.
  11. Changes and amendments
    BT Corp reserves the right, in its sole and absolute discretion, to do any of the following, at any time without prior notice or justification
    1. change these terms and conditions;
    2. change the content and/or Service available from the Website;
    3. discontinue any aspect of the Website or Service(s) available from the Website; and/or
    4. change the software and hardware required to access and use the Website;
    5. to delete the Website.
  12. Privacy
    1. BT Corp shall take all reasonable steps as required by the Protection of Personal Information Bill and the Promotion of Access to Information Act, to protect the Personal Information of Users that it collects from Users through any of the Websites.
  13. Lawful Processing of Personal Information
    1. By using the Website, the User consents to the collection of Personal Information when the User completes the online application form.
    2. The User further warrants that the email address provided to BT Corp indeed belongs to the User or that the User has permission to use such email address (belonging to a third party) on the Website.
    3. BT Corp may collect, maintain, save, compile, modify, destroy, de-identify Personal Information collected from Users, subject to the following provisions: 8.7.1. TFG shall not disclose Personal Information from Users unless the User consents thereto;
    4. BT Corp shall disclose Personal Information without the User’s consent only through due legal process; and
    5. BT Corp may compile, use and share any Personal Information for statistical and research purposes and will not publish it in identified form.
    6. BT Corp will retain records with Personal Information for as long as a law requires it to do so. Personal Information that has been collected will form part of a data bank that BT Corp will maintain according to law.
  14. Purpose for Processing of Personal Information
    1. BT Corp collects, stores and uses the abovementioned Personal Information for the following purposes:
    1. To communicate User requested information to the User;
    2. To provide Services to the User as requested by the User;
    3. To process an application for a bank account and card needed for the programme
    4. To authenticate the User;
    5. To market products or Services to the User;
    6. To allow third parties to market products and Services to the User who specifically consented to it;
    7. To provide the User with access to restricted pages on a Website; and / or
    8. To compile non-personal statistical information about browsing habits, click patterns, and access to the Website, and
    9. Where applicable, to determine whether to grant membership to an applicant
  15. Ownership
    BT Corp owns and retains all rights to de-identified statistical information collected and compiled by BT Corp.
  16. Hyperlinks to third party sites
    1. BT Corp may provide hyperlinks to websites not controlled by BT Corp (“target sites”) and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or Services of such target sites.
    2. BT Corp does not editorially control the content, products and/or Services on target sites and shall not be liable, in any manner whatsoever, for the access to, inability to access, use and inability to use or content available on or through target sites.
  17. Security
    1. BT Corp shall take all reasonable technical and organizational steps to secure the content of the Website and the Personal Information provided by and collected from Users, from unauthorised access and/or disclosure. However, BT Corp does not make any warranties or representations that content shall be entirely safe or secure.
    2. Users may not deliver or attempt to deliver, whether on purpose or negligently, any damaging code, such as computer viruses, robots or spy ware, to the Website or the server and computer network that support the Website.
    3. Notwithstanding criminal prosecution, any person who delivers or attempts to deliver any damaging code to the Website, whether on purpose or negligently, shall, without any limitation, indemnify and hold BT Corp harmless against any and all liabilities, damages, risks and losses that BT Corp and its partners / affiliates may suffer as a result of such delivery, attempt or damaging code.
    4. Users may not develop, distribute or use any device or programme designed to breach or overcome the security measures of the restricted pages, products and Services on the Website and BT Corp reserves the right to claim damages from any and all persons involved, directly and indirectly, in the development, use and distribution of such devices or programmes.
    5. Users who commit any of the offences detailed in sections 85 to 88 of the ECT Act shall, notwithstanding criminal prosecution, be liable for all resulting liabilities, losses, destruction or damages suffered and/or incurred by TFG and its partners / affiliates due to or related to these illegal actions.
  18. Removal and correction of content
    Users are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful content available from the Website to BT Corp and BT Corp undertakes to correct and/or remove such content or any part thereof if the person reporting such content provides reasonable grounds to prove the alleged nature of the content.
  19. Interception of communications
    1. Subject to the provisions of the Regulation of Interception of Communications (RIC) Act 70 of 2002, the User agrees to BT Corp’s right to intercept, block, filter, read, delete, disclose and use all communications (including all “data messages” as defined in the ECT Act) sent or posted by the User to the Website or TFG’s employees.
    2. The User agrees and acknowledges that the consent provided by the User in clause 13.1 satisfies the “writing” requirement as detailed in the ECT Act and the RIC Act.
  20. Entire agreement and severability
    1. These terms and conditions constitute the entire agreement between BT Corp and the User/ Member and shall take precedence over any disclaimers and/or legal notices attached to any communications and/or postings received by BT Corp from the User.
    2. Any failure by BT Corp to exercise or enforce any right or provision shall in no way constitute a waiver of such right or provision.
    3. In the event that any term or condition detailed herein is found unenforceable or invalid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall remain enforceable and applicable.
  21. Agreement in terms of section 21 of the ect act
    The User and BT Corp agree that:
    1. the User/ Member shall be bound to these terms and conditions and such agreement is concluded in Ballito (South Africa) at the time the User enters the Website for the first time;
    2. the User agrees and warrants that data messages (e.g. sms and email) that are sent to BT Corp from a computer, IP address or mobile device normally used by or owned by the User, were sent and/or authorised by the User personally
    3. electronic signatures, encryption and/or authentication are not required for valid electronic communications between the User and BT Corp; and
    4. when the User sends an email or message through the Website to BT Corp, it is deemed to have been received when BT Corp replies to the message. An autoresponse from a Website is not regarded as a reply;
    5. when BT Corp sends an email to the User, it is deemed to have been received when the User is capable of downloading the email.
  22. Applicable and governing law
    The Website is hosted, controlled and operated from the Republic of South Africa and therefore, subject to clause 5’s Alternative Dispute Resolution paragraph, the South African law enforced by the South African courts governs the use of, or inability to use, the Website, its content, Services, products and these terms and conditions.
  23. Disclaimer
    BT Corp Pty (Ltd) disclaim all liability for any loss, damage or expense however caused, arising from the use of or reliance upon the information provided through this service and does not guarantee the completeness or accuracy of the information.
  24. Legal costs
    BT Corp shall not be liable for costs incurred by Users/ Members to obtain professional advice relating to these terms and conditions.