Terms of Use

Effective: April 1, 2024

Hi. Welcome to myRUC. We are excited to have you on board.

By using the MyRUC you are implicitly and explicitly bound to the following conditions, policies and legal jargon.

If you have any concerns or questions about our Terms of Use or any of our other policies, please get in touch with the Customer Support Team by emailing support@rucmonkey.co.nz.

Introduction

Thanks for choosing MyRUC (“myRUC”, “we”, “us”, “our”). By using the myRUC service, websites, or software applications (together, the “myRUC Service”, or “Service”), including by purchasing or receiving subscription or other applications, you are entering into a binding contract with our company. Your agreement with us includes these Terms and Conditions of Use (“Terms”), and our Privacy Policy (together with the Mobile Terms where applicable, the ** “Agreements”**).

We’re pleased to make our Service available to you.

In order to use the MyRUC Service, you need to:

1) Be an authorised administrator of (Road User Charges) RUC for a specific vehicle/s,

2) Have the power to enter a binding contract with us and are not barred from doing so under any applicable laws

You also warrant that any registration information that you submit to MyRUC is true, accurate and complete, and you agree to keep it that way at all times.

Changes to the Agreements

Occasionally we may, at our discretion, make changes to the MyRUC Services and Agreements. When we make changes to the Agreements that we consider material, we’ll notify you through the Service. By continuing to use the Service after changes are made, you are expressing and acknowledging your acceptance of the changes.

Using MyRUC

You may use MyRUC by setting up one of the following accounts:

1) myRUC Subscription: a subscription which enables you to update odometer readings and purchase RUC as per NZTA regulations

2) Fleet Account: an account which enables you to add vehicles, administer RUC and transfer to an approved RUC display unit. Once you have set up a Fleet Account, you may purchase RUC as required

License and Assignment

MyRUC is owned by Picobyte Solutions Ltd (“Picobyte”) and its exclusive Intellectual Property.

The MyRUC software applications are licensed to you and Picobyte retains ownership of all MyRUC software applications even after installation on your devices.

All MyRUC trademarks, service marks, trade names, logos, domain names, and any other features of the MyRUC brand are the sole property of Picobyte Solutions Limited. You agree not to copy, distribute, modify, or make any derivative of any of our content or use any of our, or Picobyte’s, intellectual property rights.

MyRUC may assign these Agreements or any part of them without restrictions. You may not assign these Agreements or any part of them, nor transfer or sub-licence your rights under this Licence, to any third party.

Third party software libraries included in the MyRUC are licensed to you either under these Terms, or under the relevant third-party software library’s licence terms as published on our website.

Third Party Applications

The MyRUC Service may provide a platform for third party applications, websites and services to make available products and services to you (“Third Party Applications”), and your use of these Third-Party Applications is subject to their terms of use. You understand and agree that MyRUC is not responsible or liable for the behaviour, features, or content of any Third-Party Application.

Consideration

In consideration for the rights granted to you under these Terms, you grant us the right (a) to allow the MyRUC Service to use the processor, bandwidth and storage hardware on your Device(s) in order to facilitate the operation of the Service, (b) to provide advertising and other information to you, and (c) to allow our business partners to do the same.

These Terms are not intended to grant rights to anyone except you and MyRUC, and in no event shall these Terms create any third party beneficiary rights. Any failure by MyRUC to enforce these Terms or any provision thereof shall not waive MyRUC’s right to do so.

User Guidelines

We’ve established a few ground rules for you to follow when using the Service, to make sure MyRUC stays enjoyable for everyone. Please follow these rules.

You agree to abide by our User Guidelines and not to use MyRUC Services (including but not limited to its content) in any manner not expressly permitted by the Terms.

Your password and security pin protects your user account, and you are solely responsible for keeping your password and security pin confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorised access to your account by third parties, please notify us immediately and change your password as soon as possible.

Technology limitations and modifications

MyRUC will make reasonable efforts to keep the MyRUC Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. MyRUC reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the MyRUC Service, with or without notice, all without liability to you for any interruption, modification, or discontinuation of MyRUC Services or any function or feature thereof. You understand and agree that MyRUC has no obligation to maintain, support, upgrade, or update the Service.

1. The Company’s products  contain Lithium Ion batteries, which are known to pose certain risks, including the risk of fire in very high-temperature conditions.
2. By purchasing and/or using the Company’s products, the user acknowledges and accepts the inherent risks associated with Lithium Ion batteries.
3. The user agrees to use the Company’s products responsibly and in accordance with any instructions or warnings provided by the Company.
4. The Company shall not be liable for any damages, losses, injuries, or claims arising directly or indirectly from the use of its products, including but not limited to damages caused by Lithium Ion batteries.
5. The user agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, costs, and expenses (including reasonable attorney fees) arising from or related to the use of the Company’s products.
6. This indemnification shall survive the termination of any agreement between the user and the Company and shall be binding upon the user’s heirs, successors, and assigns.

By purchasing and/or using the Company’s products, the user acknowledges that they have read and understood this indemnification clause and agrees to be bound by its terms.

Picobyte Solutions shall not be liable for any damages, losses, injuries, or claims arising directly or indirectly from the use of its products, including but not limited to damages caused by Lithium Ion batteries.

This indemnification clause is intended to protect Picobyte from any potential liability related to the use of products containing Lithium Ion batteries. It is important for users to understand and accept the risks associated with such products, and to use them responsibly and in accordance with any instructions or warnings provided by the Company.

Payments and Cancellations

You will be charged for the MyRUC Services that you use, which are generally charged by a monthly subscription fee. Subscription payments are deducted automatically from the account that you provide and need to be made on time. To avoid delayed or missed payments, please ensure that you have sufficient funds in your bank account. If we do not receive payments on time, we may suspend your access to some or all of the MyRUC Services.

If you have a subscription in place, your payment to MyRUC will automatically renew at the end of the subscription period, unless you cancel your subscription through your subscription page before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period. We do not offer refunds if you fail to cancel your subscription.

After you cancel your subscription, you will no longer be able to use MyRUC to administer your RUC but you may keep your account open and continue to have access to your historic work-time records. After you close your account, we will continue to store your personal data, including historic work-time records, for a period of time to ensure compliance with legal requirements.

The MyRUC may change the pricing plans, including but not limited to, the subscription fees, from time to time. We will communicate any price changes to you via the website. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use MyRUC’s Services after the price change takes effect, you accept the new price.

Term and Termination

These Terms will continue to apply to you until terminated by either you or MyRUC. MyRUC may terminate the Terms or suspend your access to MyRUCs Services at any time, including in the event of your actual or suspected unauthorised use of MyRUC’s Services or non-compliance with the Terms. If you or MyRUC terminate the Terms, or if MyRUC suspends your access to MyRUCs Services, you agree that MyRUC shall have no liability or responsibility to you and MyRUC will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law.

Warranty

We endeavour to provide the best service we can, but you understand and agree that THE MYRUC SERVICES IS PROVIDED “AS IS”, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. YOU USE THE E-LOGS SERVICES AT YOUR OWN RISK. MYRUC DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, MyRUC does not warrant, endorse, guarantee or assume responsibility for any Third Party Applications, Third Party Application content, User Content, or any other product or service advertised or offered by a third party on or through MyRUCs Services or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that MyRUC is not responsible or liable for any transaction between you and third-party providers of Third-Party Applications or products or services advertised on or through the MyRUC Service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from MyRUC shall create any warranty on behalf of MyRUC in this regard. Some aspects of this section may not apply in some jurisdictions.

Limitation

You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the MyRUC Service, the Third-Party Applications or the Third-Party Application content is to uninstall any MyRUC software and to stop using MyRUCs Services, the Third-Party Applications or the Third-Party Application content.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PICOBYTE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS OR LICENSORS BE LIABLE FOR (i) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE MYRUC SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER MYRUC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (ii) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE MYRUC SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO MYRUC DURING THE PRIOR THREE MONTHS IN QUESTION.

Dispute Resolution

Generally, we expect that your concerns can be resolved quickly and to your satisfaction by contacting our support team (by emailing support@rucmonkey.co.nz or via the MyRUC App). If we are unable to resolve the dispute informally, the parties agree to resolve the dispute through arbitration. The parties agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Entire Agreement

These Agreements constitute all the terms and conditions agreed upon between you and MyRUC and supersede any prior agreements in relation to the subject-matter of these Agreements, whether written or oral. Any additional or different terms or conditions in relation to the subject-matter of the Agreements in any written or oral communication from you to MyRUC are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by MyRUC that are not contained in the Agreements.

Please note, however, that other aspects of your use of the MyRUCs Services may be governed by additional agreements. That could include, for example, access to the MyRUC Community for customer support, or free or discounted Trials. You will agree to separate terms and conditions in those circumstances, which are listed in full on our website. Those terms and conditions shall govern only with regard to the aspect of the Service to which they apply, and are distinct from and supplemental to these Agreements, and do not supersede these Agreements. To the extent that there is any conflict between those agreements and these Agreements, these Agreements shall control, except as otherwise provided in these Terms

Severability

Should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.

Privacy

The way we collect and use personal information in connection with the MyRUC Services is set out in our Privacy Policy.

Thank you for reading our Terms. We hope you enjoy MyRUC.