Terms and conditions

 


Terms and conditions of use of the Ruckus App

1. By accessing and using the Ruckus Energy Co. Application (the “Ruckus App”), You agree to be legally bound by these Terms of Use. The term “User” refers to anyone who accesses the Ruckus App, including You. 

2. Ruckus or Ruckus Energy Co. is the trading name of The Online Fuel Company Pty Ltd ACN 645 132 047 (“Ruckus Energy Co”)

3. If You do not agree with any of the provisions of these terms, You must not use the Ruckus App. We recommend that You print or save a local copy of these Terms for Your own records.


If You wish to join our Waitlist for a Fuel Subscription

4. We will control the number of Available Fuel Subscriptions as part of our effort to manage product availability and customer experience. From time to time, We may accept new Subscribers up to a limit We specify.  

5. Where there are no Available Fuel Subscriptions in Your area, You may join our Waitlist by completing the relevant form in the Ruckus App or Ruckus Website.  We will email You when there are Available Fuel Subscriptions in Your area.  We retain discretion about the order of priority of our Waitlist when accepting new subscribers.


If You wish to purchase a Fuel Subscription

6. If there are Available Fuel Subscriptions, You may apply for a Fuel Subscription by completing the relevant application form in the Ruckus App. By submitting the form, You agree to be bound by these terms and conditions with effect from the date We accept Your application. We retain the right to refuse to accept any application for a Fuel Subscription.

7. We may make available Fuel Subscriptions having monthly or annual terms.

8. The fee for a Fuel Subscription with a monthly term is $5 per month including GST.

9. The fee for a Fuel Subscription with an annual term is $50 per annum including GST.

10.  The fee for a Fuel Subscription is collected on the first day of the term of the Fuel Subscription (and any renewal term) using the Payment Method You provided as part of Your application.

11.  We may change the amount of the fee from time to time, and will communicate any fee changes to You in advance by email. If You do not agree to the price change, You have the right to reject the change by cancelling Your Fuel Subscription prior to the price change coming into effect. A change in the fee will not apply retrospectively or to the then current term of Your Fuel Subscription.

12.  If You have a Fuel Subscription with a monthly term and wish to purchase a Fuel Subscription with an annual term (if available), You may do so by cancelling your current subscription using the Ruckus app and waiting for the current subscription to expire. The app will then provide you with a choice of selecting an annual Fuel Subscription.

13.  We may terminate a Fuel Subscription before the end of its current term in the event of Your breach of this agreement or safety requirements at the Participating Site.

14.  The term of the Fuel Subscription will automatically renew unless:

a. We have previously terminated the term because of Your breach;

b. We email You notifying You that the Fuel Subscription will terminate at the end of the current term;

c. You cancel the Fuel Subscription in the Ruckus App, and in the case of (b) and (c), the Fuel Subscription will continue until the expiry of the then current term. You are not entitled to a whole or partial refund of any fee paid in relation to the current term.

15.  If You have a current Fuel Subscription, You are entitled to purchase up to 120 litres per day of Available Grades of Motor Fuel at Participating Sites via the Ruckus App at the Ruckus Price subject to:

a. The Participating Site being open to Ruckus Subscribers and the Ruckus App being online;

b. Your mobile phone having internet service and the then current version of the Ruckus App open and operational;

c. Motor Fuel product then being available. Whilst rare, there are occasions when service stations run out of stock including for example in periods of product shortage.

d. Your compliance with these terms and conditions in particular with respect to safety whilst dispensing fuel.

16.  We will specify the Ruckus Price for each Available Grade of Motor Fuel at a Participating Site in the Ruckus App (Ruckus Price). You will be charged the price displayed in the app at the time of purchase and this price is subject to change from time to time without notice.


Your obligations when visiting a Participating Site including when dispensing fuel

17.  Motor Fuel is combustible and therefore inherently a dangerous product. A service station also has frequent visitors arriving and departing in vehicles. 

18.  Your safety and the safety of others at a Participating Site is of paramount importance. You agree to comply with the following when visiting a Participating Site:

a. Familiarise Yourself with the safety signage, the physical layout of the site and make Yourself aware of the location of vehicles entering, driving on and exiting the Participating Site;

b. Observe the requirements and recommendations of any such safety signage and/or any directions of any staff of a Participating Site;

c. Not use the Ruckus App (or Your mobile device) while refueling Your vehicle. Once You have replaced the pump nozzle, You are welcome to open and use the Ruckus App on Your mobile device;

d. Never smoke on a Participating Site;

e. Due to the enhanced risk of igniting Motor Fuel associated with particular fills, never fill the following with Motor Fuel via the Ruckus App:

1. Jerry Can;

2. other portable containers; or 

3. convertible car with its top down.

f. If You are aged under 16 years old, You must not dispense Motor Fuel.  

g. Never fill your car while it is in motion or if the engine or ignition is on.

19.  You must consent to Us accessing Your location data by enabling location services on Your mobile device’s operating system. 

20.  When You activate the Ruckus App, You will be prompted to input the number of Your fuel pump at the Participating Site. Note: make sure You input the correct pump number. We have no liability in relation to any error made by You in selecting an incorrect pump – this may result in You paying for someone else’s fuel.  

a. Assuming the fuel pump is available, Ruckus will then communicate with Your Payment Method provider to validate that You have sufficient funds for the maximum pre-authorisation amount You specify in the Ruckus App.  

b. If Your Payment Method provider provides such validation, the Ruckus App will then authorise the pump and communicate to You that You may commence dispensing Motor Fuel at the nominated pump. 

c. You will be charged for the quantity of Motor Fuel actually dispensed rather than the amount of any pre-authorisation. However, You will not be permitted to purchase more Motor Fuel than the value that is pre-authorised.

d. You will be charged for Motor Fuel dispensed from that pump from when the pump is authorised until the pump has been properly hung up. If the selected pump has not been hung up correctly, and any person (e.g. the next customer) continues pumping fuel from Your selected pump, any fuel dispensed will be charged by Us to Your Payment Method.

e. If You have paid for Your Motor Fuel using the Ruckus App correctly, the Ruckus App will provide a confirmation message after You have properly hung up the pump.

f. If Your Payment Method provider does not provide such validation, the Ruckus App will make subsequent requests at lower pre-authorisation amounts. If the Ruckus App cannot obtain pre-authorisation from Your Payment Method provider, then You will not be permitted to purchase fuel via the Ruckus App.


Payment

21.  Before using the Ruckus App to purchase Motor Fuel, You must choose, and link, a Payment Method to Your account. You cannot use the Ruckus App to purchase Motor Fuel unless Your account has a linked Payment Method.

22.  We accept Visa, Mastercard and most debit cards and may choose to accept other payment methods from time to time.

23.  Where relevant, You authorise Us charging You for the Motor Fuel dispensed by You, using Your selected Payment Method.

24.  We will never see nor store credit or debit card numbers. Such details are collected, stored and processed by our payment service provider.

25.  By loading a nominated payment method, You authorise a temporary pre-authorisation hold at the amount specified in the Ruckus App as part of Your application. You understand that a pre-authorisation hold puts a temporary hold on the funds that would otherwise be available using Your Payment Method until such time as the transaction has cleared; and (b) We have no power to influence the length of time it takes Your bank or Payment Method provider to release any pre-authorisation hold against Your Payment Method; and (c) Attempting to make payment with a Payment Method multiple times during one transaction may result in multiple pre-authorisation holds being placed on Your Payment Method.

26.  You will not be able to use a Payment Method if it has expired, has been reported stolen by Your bank or is no longer eligible for use in the Ruckus App for any reason. You will be notified in the Ruckus App if Your nominated Payment Method has failed.  

27.  You acknowledge that registering a card as a nominated Payment Method creates a digital instance of that card. This means that if Your nominated Payment Method is a physical credit or debit card You must cancel Your card if Your device or Your physical card is lost or stolen.

28.  All prices in the Ruckus App shall be shown, and charged, in Australian dollars, and shall be inclusive of GST and any other applicable taxes.

29.  If You are not satisfied with the quality of any products provided through the Ruckus App and wish to seek a refund or any other compensation, You should contact Us through the 'Feedback' section of the Ruckus App within 48 hours of the relevant purchase, providing details of why You require a refund. To the maximum extent permitted by Law, including the Australian Consumer Law, and without limiting clause 48., we will assess the merits of each refund claim and will advise You of our decision within 30 days.


Your account with Ruckus 

30.  When You register and activate Your account, You will be prompted to create a username and password. You are solely responsible for keeping this username and password secure and are responsible for all use and activity, including activity in breach of these Terms, carried out under Your username.

31.  You must notify Ruckus immediately, and request cancellation or suspension of Your account, if You become aware of any unauthorised use, or suspected unauthorised use, of Your account or if the security of Your account is compromised in any way, by contacting info@ruckusenergy.co. This may be due for example, to Your mobile device being stolen or lost or Your password becoming known to another person. We agree to cancel or suspend Your account within 2 business days after receiving notice from You in accordance with this clause.

32.  We are not liable for any loss suffered by You as a result of any unauthorised use of Your account, unless such loss is incurred as a direct result of our failure to cancel or suspend Your account within two business days after You have given Us notice in accordance with this agreement. 

33.  You agree that:

a. You will not provide any false personal information to us, or create an account for anyone other than Yourself without that individual's and our permission;

b. You will not create more than one account for the Ruckus App;

c. If We disable Your account, You will not create another one without our permission;

d. You will keep Your personal information and account information accurate and up-to-date;

e. You will not transfer Your account to anyone without our prior written approval;

f. You will only log onto Your Ruckus App account on one device at any time; and

g. You will not share Your password or let anyone else access Your account, or do anything else which might jeopardise the security of Your account. 

34.  Where the Location Services functionality has been activated for the Ruckus App:

a. You may use the Ruckus App to locate nearby Participating Sites;

b. We will be able to, via the Ruckus App, obtain access to data about Your location. If You do not want to enable Us (via the Ruckus App) to access information about Your location, You should immediately de-active the Location Services functionality, after which You will not be able to use the Location Services or purchase Motor Fuel.


Referrals

35.  When using the Ruckus App You may be assigned a unique referral code.

36.  You may be eligible to receive a discount on Your future monthly or annual Ruckus Subscription fee at an amount determined by Us from time to time (‘Referral Reward’) if:

a. You share the App with another person (‘Referee’) who has never used the App who then downloads the App;

b. the Referee registers an account on the App and enters Your referral code at the time of registration; and

c. the Referee makes a purchase by way of the App.

37.  You will only receive a Referral Reward if the Referee enters Your referral code at the time of their registration.

38.  If You are eligible to receive a Referral Reward, You will receive an email notification.

39.  The Referral Reward cannot be used in conjunction with any other offer.

40.  A Referral Reward must not be transferred, exchanged or redeemed for cash.

41.  You must only use the Referral Reward for personal purposes.


Ruckus App operation

42.  The Ruckus App may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Ruckus of such Third-Party Services.

43.  Due to the nature of the Internet, Ruckus cannot guarantee the continuous and uninterrupted availability and accessibility of the Ruckus App. Ruckus may restrict the availability of the Ruckus App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Ruckus App. 


Your use of the Ruckus App

44.  Ruckus hereby grants You a non-exclusive, non-transferable, limited license to access and use the Ruckus App under the terms set out below. The Ruckus App content includes but is not limited to text, data, reports, opinions, images, photos, graphics, graphs, charts, animations and video (the “Content”). Except as otherwise permitted under these Terms of Use, You agree not to copy, reproduce, modify, create derivative works from, or store any Content, in whole or in part, from the Ruckus App or to display, perform, publish, distribute, transmit, broadcast or circulate any Content to anyone, or for any commercial purpose, without the express prior written consent of Ruckus. You agree to use the Ruckus App only for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of this site by any third party. Such restriction or inhibition includes, without limitation, conduct that is unlawful, or which may harass or cause distress or inconvenience to any person and the transmission of obscene or offensive content or disruption of normal flow of dialogue within the Ruckus App. 

45.  The Content is the exclusive property of Ruckus or its licensors, and is protected by copyright and other intellectual property laws. All trade names, trademarks, service marks and other product and service names and logos on the Ruckus App and within the Content are proprietary to their respective owners and are protected by applicable trademark and copyright laws. Any of the trademarks, service marks or logos (collectively, the “Marks”) displayed on the Ruckus App may be registered or unregistered marks of Ruckus or others. Nothing contained on the Ruckus App should be construed as granting any license or right to use any of the Marks displayed on the Ruckus App without the express written permission of Ruckus or a third party owner of such Marks. Any unauthorized uses of the Marks or any other Content are strictly prohibited. To request permission to use any Content or other Ruckus material, please contact Ruckus.


Liability and Disclaimer

46.  To the extent permitted by law, Ruckus hereby disclaims any and all warranties, express or implied for any, delay, interruption in service, error or omission, regardless of cause, or for any damages resulting therefrom.

47.  Specifically, where the Ruckus applications displays or references fuel retail price information (known as the board price or the price available to the market generally not as part of a special offer), that information has been supplied to us by third parties and it may not always be accurate or up to date. We make no warranties regarding board prices displayed in the app and these should be used as a guide only.

48.  Ruckus is always liable for: (a) death and personal injury caused by our negligence/gross negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any implied contractual terms that cannot be excluded or limited under applicable law.

49.  Other than as set out in above, Ruckus is not liable for any other losses or damages You may suffer, including any indirect or consequential losses.


Anti-hacking Provision 

50.  You expressly agree not to use the Ruckus App in any manner or for any purpose that is prohibited by these terms and conditions. In addition, You expressly agree not to:

  1. use the Ruckus App for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulation;

  2. use or attempt to use any “deep-link,” “scraper,” “robot,” “bot,” “spider,” “data mining,” “computer code” or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Ruckus App or any data or content found on or accessed through the Ruckus App without prior express written consent;

  3. obtain or attempt to obtain through any means any materials or information on the Ruckus App that have not been intentionally made publicly available either by their public display on the Ruckus App or through their accessibility by a visible link on the Ruckus App;

  4. in any way bypass or circumvent any other measure employed to limit or prevent access to the Ruckus App or its content;

  5. violate the security of the Ruckus App or attempt to gain unauthorized access to the Ruckus App, data, materials, information, computer systems or networks connected to any server associated with this Application, through hacking, password mining or any other means;

  6. interfere or attempt to interfere with the proper working of the Ruckus App or any activities conducted on or through the Ruckus App, including accessing any data, content or other information prior to the time that it is intended to be available to the public on the Ruckus App; or

  7. take or attempt any action that, in the sole discretion of the Ruckus App’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the Ruckus App or such operation’s infrastructure.


Compliance with Laws 

51.  You agree to comply with all applicable laws, statutes, ordinances and regulations regarding Your use of the Ruckus App. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If We become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions, We may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation We may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions could be subject to criminal or civil penalties.


Copyright and Trademark Notices

52.  All contents of the Ruckus App are: Copyright 2021 by Ruckus and/or its affiliates. All rights reserved.


Ruckus Privacy Policy

53. You acknowledge you have read our Privacy Policy and consent to us exercising our rights to share and use your personal information as specified in that policy.

Variation to Terms

54.  We may change these Terms of Use at any time without notice. The most current version of the Terms of Use will be posted at www.ruckusenergy.co

55.  Your use of the Ruckus App after any changes have been posted will constitute Your agreement to the modified Terms of Use and all of the changes. You are responsible for regularly reviewing information posted online to obtain timely notice of such changes. Your continued use of this site after changes are posted constitutes Your acceptance of these Terms of Use as modified by the posted changes.

56.  A reference in these Terms of Use to Ruckus includes a reference to our related bodies corporate and affiliates.


Terms and Conditions of Ruckus Gift Voucher

57. Gift Vouchers may be purchased via this website and redeemed for an Annual Fuel Subscription. Gift Vouchers are applied to the cost of the subscription fee and cannot

58. Gift Vouchers are valid for a period of 3 years from the date of purchase. Following the 3 year period, Gift Vouchers expire.

59. Gift Vouchers are subject to availability at all times.

60. We reserve the right to cancel Gift Vouchers that have not yet been redeemed and refund the purchase price.

61. Gift Vouchers can be redeemed only by persons who are not existing members of Ruckus.

Terms and conditions of Ruckus rewards (applying referral codes and promotional codes)

A. Each Ruckus member is allocated a referral code when they activate their membership - this is displayed in the profile section of the Ruckus App.

B. If you refer a new member to Ruckus, we will give you a $5 credit towards your future membership fees. The person you refer will also receive a $5 credit towards their future membership fees. The only conditions are:

  • the person you refer must not be an existing member, or have previously been a member (ie they must be new to Ruckus with a new email address, new device and new credit card).

  • the person you refer must insert your referral code as they activate their account or within 30 days of activation.

  • the person you refer must pay their first instalment of membership fees before any reward is earned.

  • rewards can only be redeemed by active members (ie if you cancel your membership before you redeem your reward, then the reward is lost.)

  • the reward cannot be redeemed for any other benefit or cash or transferred.

  • rewards which have not been redeemed within 500 days of being received will expire.

C. Promotional codes operate in the same manner as referral codes and are inserted in the same area of the app. You may only enter one referral code or one promotional code into the app.

D. Like referral codes, promotional codes provide a specified credit towards future membership fees. The only conditions are:

  • promotional code credits can only be redeemed by active members (ie if you cancel your membership before you redeem your credit, then the credit is lost.)

  • the credit cannot be redeemed for any other benefit or cash, or transferred.

  • credits which have not been redeemed within 500 days of being received will expire.


    Definitions

In this agreement, the following words have the meanings assigned:

Available Grades means the grades of gasoline or diesel available for purchase via the Ruckus App at a Participating Site, as specified in the Ruckus App.

Available Subscriptions means there is a quantity of Fuel Subscriptions available in the Ruckus App.

Fuel Subscription means a subscription to purchase Available Grades of Motor Fuel at the Ruckus Price at Participating Sites subject to the terms of this Agreement.

Motor Fuel means the motor fuel sold at a Participating Site.

Participating Sites means the sites shown in the Ruckus App from time to time where Motor Fuel may be purchased under a Fuel Subscription.

Payment Method means the payment methods offered by Us through the Ruckus App at checkout, including payment by credit card, as may be updated or amended from time to time.

Ruckus Price has the meaning given in clause 17.

Ruckus Website means www.ruckusenergy.co