Terms of Use

Effective: 26 January 2021

Hi. Welcome to E-LogBook. We are excited to have you on board.

By using the E-LogBook 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 E-LogBook (“E-Log Book”, “we”, “us”, “our”). By using the E-Log Book’s service, websites, or software applications (together, the “E-Log Book 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 E-LogBook Service, you need to:

1) Hold a current New Zealand driver’s license if you are opening a Driver Account, 1) Hold a Transport Service License if you are opening a Transport Operator Account, 1) 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 E-LogBook 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 E-LogBook 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 E-LogBook

You may use E-LogBook by setting up one of the following accounts:

1) Logbook Subscription: a subscription which enables you to log your work-time in accordance with legislative requirements 1) Driver Account: an account which enables you add vehicles, connect to a Transport Operator Account and view and export your historic log-book records. Once you have set up a Driver Account, you may purchase a logbook subscription and other applications on offer by E-Log from time to time. 1) Transport Service Provider: an account which enables you to connect with multiple Driver Accounts to access and export their work-time records. You may purchase logbook subscriptions for drivers connected to your Transport Operator Account and other applications on offer from time to time.

Trials

From time to time, we may offer trials of the E-Log Book application for a specified period without payment (a “Trial”). E-Log reserves the right, at our absolute discretion, to determine your eligibility for a Trial, and to withdraw or to modify a Trial at any time without prior notice and with no liability.

For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the Service on the first day following the end of the Trial, on a recurring monthly or annual basis depending on the Trial. By providing your payment details in conjunction with the Trial, you agree to this charge.

License and Assignment

E-LogBook is owned by Picobyte Solutions Ltd (“Picobyte”) and exclusively licensed to E-LogBook.

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

All E-LogBook trademarks, service marks, trade names, logos, domain names, and any other features of the E-LogBook 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.

E-LogBook 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 E-LogBook 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 E-LogBook 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 E-LogBook 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 E-LogBook 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 E-LogBook, and in no event shall these Terms create any third party beneficiary rights. Any failure by E-LogBook to enforce these Terms or any provision thereof shall not waive E-LogBook’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 E-LogBook stays enjoyable for everyone. Please follow these rules.

You agree to abide by our User Guidelines and not to use E-LogBook 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

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

Payments and Cancellations

You will be charged for the E-LogBook 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 E-LogBook Services.

If you have a subscription in place, your payment to E-LogBook 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 E-LogBook to log your worktime 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 E-LogBook 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 E-LogBook’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 E-LogBook. E-LogBook may terminate the Terms or suspend your access to E-LogBooks Services at any time, including in the event of your actual or suspected unauthorised use of E-LogBook’s Services or non-compliance with the Terms. If you or E-LogBook terminate the Terms, or if E-LogBook suspends your access to E-LogBooks Services, you agree that E-LogBook shall have no liability or responsibility to you and E-LogBook 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 E-LOGBOOKS 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. E-LOGBOOK DISCLAIMS ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. In addition, E-LogBook 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 E-LogBooks Services or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that E-LogBook 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 E-LogBook 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 E-LogBook shall create any warranty on behalf of E-LogBook 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 E-LogBook Service, the Third-Party Applications or the Third-Party Application content is to uninstall any E-LogBook software and to stop using E-LogBooks 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 E-LOG BOOKS SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER E-LOGBOOK 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 E-LOG BOOKS SERVICES, THIRD PARTY APPLICATIONS OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO E-LOGBOOK 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 E-LogBook 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 E-LogBook 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 E-LogBook are void. You represent that you have not accepted the Agreements in reliance on any oral or written representations made by E-LogBook that are not contained in the Agreements.

Please note, however, that other aspects of your use of the E-LogBooks Services may be governed by additional agreements. That could include, for example, access to the E-LogBook 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 E-LogBooks Services is set out in our Privacy Policy.

Thank you for reading our Terms. We hope you enjoy E-LogBook.