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Cigo Pay

Terms of Use – Customer

Last updated: [August 18, 2021]

Hello, and thank you for using Cigo Tracker.

These Terms of Use (the "Agreement") constitute a legally binding contract between you (the "Customer") and Cigo, domiciled at 9850 rue Saint-Urbain, Montréal, QC H3L 2T2, Canada ("Cigo"). Cigo is a web-based platform used by businesses to manage and plan their daily routes and delivery of goods and services. With our tracking service, Cigo Tracker you can follow the progress of your order in real time. This Agreement applies to your use of the Cigo Tracker Web App to track your order (the “Service”). The Web App allows you to track your order using either an access code, or by following a link sent by email or by text notification.

Please read this Agreement carefully before using or accessing the Service, as it contains important information about your obligations when using the Service. If you wish to use any of the Service, you must agree to be bound by and comply with this Agreement. If you do not agree to this Agreement, do not access or use our Service.

Your use of our Service is also subject to our Privacy Policy, which explains how we collect, use and disclose your Personal Information through the Service.

If you have any questions regarding this Agreement, if you need to provide us with any legal notices, or if you have any complaints or claims with respect to our Service, you can contact us at:

Cigo Tracker Inc.

support@cigotracker.com

9850 rue Saint-Urbain

Montréal, QC H3L 2T2

Canada

1.            DEFINITIONS

When used in this Agreement with their first letter capitalized, in addition to terms defined elsewhere in this Agreement, the following terms have the following meanings:

·         Administrator” means the administrative personnel employed by the Vendor including dispatchers, customer support, managers, admins, and others.

·         Intellectual Property” means any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, or any other common law principle applicable to the protection of intangible proprietary information or rights, including trade secret law or know-how generally, or the expression or use of such ideas, and any rights or claims in the foregoing.

·         Operators” means the operations personnel of the Vendor, which includes service technicians, delivery staff, helpers, drivers, and others.

·         Personal Information means information that can, indirectly or directly, identify you, such as your IP address, your name or your e-mail, which are collected as part of our Service.

·         "Vendor" means the commercial establishment that you have contracted with to obtain the good or service delivered.

2.            MODIFICATIONS TO THE SERVICE

We may modify our Service over time, such as by adding new functionalities, at our sole and reasonable discretion. We may also change this Agreement from time to time. If we do so, we will deploy commercial efforts to advise you using the e-mail you provided or through the Service. If you do not agree with the modifications, you have no obligation to continue using our Service. The modifications will take effect at the date indicated above, and once published.

3.            VENDOR RESPONSIBILITY

Cigo is merely involved in tracking the delivery of the goods or services. Your purchase of the goods or services is subject to a separate contract and terms of use, rather than this Agreement. We cannot accept any responsibility for problems arising from or related to, goods or services provided by the Vendor nor any third-party websites or apps which are used in the process of your purchase of the goods or services.

Cigo assumes no responsibility for any interactions that may occur between you and any Vendor, including any changes in the delivery. Vendors may make last minute changes, and your order might have been removed from our system. It's possible that your order will however be re-entered into our platform at a later time. Cigo assumes no liability for any changes to the delivery date or time. Any such complaints or concerns should be directed to the Vendor.

4.            AVAILABILITY OF THE SERVICE

Our role is to use reasonable efforts to make the Service reasonably available. We cannot control any other issues.

In all cases, our ability to deliver the Service requires a stable connection. If your device’s ability to access data via wireless networks or the Internet is compromised, the Service may be delivered slowly, inaccurately, or not at all. These connectivity problems can arise from many sources, ranging from physical interference to power outages to errors by telecommunication providers. In such circumstances, your ability to effectively use the Service may be compromised through no fault of ours.

The Service also depend on you enabling certain functions within your device in order for us to send you notifications regarding your delivery. If you refuse these permission, or your device is damaged, incompatible with the Service (including updates to the Service), or if you have turned off settings on which we rely to deliver the Service, then your ability to effectively use the Service may be compromised through no fault of ours, and we cannot accept any responsibility for any problems or damages which might occur.

5.            ACCEPTABLE USE OF THE SERVICE

When using our Service, we ask that you follow some housekeeping rules. You agree to use the Service only for lawful purposes and to respect the following rules when using the Service. You represent and warrant that you will not use of the Service in any manner which contravenes, breaches or violates this Section 5.

You hereby represent and warrant that except if we expressly give our written consent, you will not use the Service in any manner whatsoever:

(i) That is prohibited by applicable laws;

(ii) That interferes with the use or enjoyment of the Service by third parties, including if such use results in automated, constant and repeated requests for data other than as authorized by this Agreement and has an adverse effect on our systems or network, including abnormal usage that overloads servers or causes parts of our network to be blocked (for example, denial-of-service attacks and distributed denial-of-service attacks);

(iii) That involves the use of any robot, spider, scraper, deep link or other similar automated data collection or extraction tool, program, algorithms or methodology to access, acquire, copy or monitor the Service or any part of the Service;

(iv) That involves decompiling, disassembling or otherwise reverse engineering or attempting to reconstruct or discover any source code or the concepts or algorithms part of any of the Service underlying the technology by any means;

(v)        That involves breaking into our security, including, without limitation, by:

(A)       Posting or transmitting any file that contains viruses, worms, Trojan horses or any other contaminating or destructive features;

(B)       Interfering with the proper functioning of the Service;

(C)       Attempting to hack security requirements or processes in the use of the Service;

(D)       Attempting to access any part of the Service (or any of their systems, networks, servers or other related equipment) that you are not authorized to access;

(E)       Attempting to disrupt the operation of the Service, their servers or their network in any way whatsoever;

(F)       Disobeying any requirements, procedures, policies or regulations of your network connected to the Service;

(G)       Manipulating identifiers to disguise the origin of any content transmitted or uploaded to the Service, or the source of any content;

(H)       Modifying or tampering with the Service in any unauthorized manner.

 (collectively, the "Abuses")

You hereby agree and acknowledge that an indirect violation or attempted violation of this this Section 5 will be considered an Abuse. If we discover that you are about to commit an Abuse, we may pre-emptively suspend all or part of the Service with or without notice.

6.            INTELLECTUAL PROPERTY

You agree and acknowledge that the Service are our Intellectual Property, and the content may be protected by copyright. You may not copy the content of our Service or use our trademarks without our written authorization.

You may make suggestions, enhancement requests, recommendations or other feedback regarding the Service (“Feedback”). However, if you do so, you agree and understand that we own all right, title and interest in the Feedback. You hereby assign to us, without limitation of any kind, all right, title and interest therein, and we hereby accept such assignment.

7.            LICENCES

Subject to your compliance with this Agreement, we hereby grant you a non-exclusive, non-sublicensable, non-assignable, revocable right and license (but only under the terms of this Agreement) to access and use the Service for your lawful personal purposes. All rights not expressly granted herein are reserved by Cigo.

8.            PERSONAL INFORMATION

We collect, use and disclose your Personal Information in accordance with our Privacy Policy. Please consult our Privacy Policy for additional information.

9.            INTERACTIONS WITH DELIVERY PERSONNEL

You agree to be professional at all times in all communications all Operators and Administrators with whom you interact . Additionally, you agree to follow the standards of conduct below, and any additional standards that may be communicated to you from time to time. You agree not to communicate in any way that:

·         is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, profane, offensive, invasive of another’s privacy, portrays another in a false light, is hateful, and/or racially, ethnically and/or otherwise objectionable;

·         has a commercial, political or religious purpose;

·         is false, misleading and/or not written in good faith;

·         is illegal and/or promotes illegal activity.

10.          REPRESENTATIONS AND WARRANTIES

Cigo warrants and represents that the Service will be performed in a diligent, professional and workmanlike manner.

Customer. You warrant and represent that you comply with these this Agreement and with applicable laws to the Services.

11.          FORCE MAJEURE

Cigo shall not be liable for delays in or failure of performance hereunder due to causes beyond its reasonable control, including, but not limited to, acts of God or public enemy, acts of government in either its sovereign or contractual capacity, flood, earthquake, epidemic, pandemic (including any additional consequences or situations arising from the outbreak of coronavirus COVID-19) or other natural disaster, strike or other labor disputes, acts of war, acts of civil disobedience, denial-of-service and distributed-denial-of-service, ransomware and other cyber-attacks that are not caused or facilitated by negligence (a “Force Majeure”).

12.          INDEMNITY

You agree to indemnify and hold harmless Cigo, including our officers, directors, employees and agents, against any claims or damages resulting from your breach of this Agreement, of applicable laws, and any intentional fault, gross negligence and fraud.

13.          TERM; TERMINATION

This Agreement is effective at the date when you begin using our Service and remain in full force as long as you are using our Service (“Term”).

Each party may terminate this Agreement for cause in the event that the other party is in material breach of this Agreement and has not cured this breach within thirty (30) days upon receiving a notice of material breach. 

All provisions which by their nature should survive the Term will survive the Term.

14.          GOVERNING LAW

This Agreement including their interpretation and effect, are governed by the laws applicable in the province or state where you are located. For instance, if you are located in Quebec, the applicable laws are those of Quebec, Canada. You may bring claims in your local jurisdiction.

15.          SEVERABILITY

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

16.          MISCELLANEOUS

No modification, amendment or waiver of any provision of this Agreement shall be effective unless in writing and signed by the parties. No failure or delay by Cigo in exercising any right, power, or remedy under this Agreement, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy.

This Agreement does not create any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between the parties.

We may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or part of it, to any other person without our prior written approval. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the Services.

This Agreement describes the entire understanding and agreement of the parties and supersedes all oral and written agreements or understandings between them related to its subject matter.

Additional Terms-Cigo PAY

When using Cigo Pay Platform, the following terms apply, in addition to the Terms of Use – Customer.

1.    PAYMENT DETAILS

When providing payment details, you represent and warrant that the payment details provided in the Cigo Pay Account are accurate and that you have the right to use the bank account provided.

Tip payment are completed as a guest checkout, and a receipt is sent to confirm the transaction. Your payment data is not saved in the Cigo Pay Platform, and you cannot view a record of your previous transactions on the platform. 

2.    PAYMENT PROVIDERS

You agree that we use a third-party provider to process your payment as part of the Cigo Pay Platform. They process your financial information in accordance with their privacy policies, and conduct fraud prevention and anti-money laundering monitoring for legal compliance purposes.

3.    TIPPING AND CARD DATA

Tips are paid to the Operator once per calendar month. You can see a summary of transactions made within the Cigo Pay Platform, the amounts and the status of each transaction.

If you choose to give a Tip to an Operator upon completion of a delivery via Cigo Pay, you authorise Cigo to debit the amount tipped from your credit card or bank account. You represent and warrant that you are entitled to use the credit card or bank account provided, and that the information provided is accurate. Tips are non reimbursable, unless the payment was made by error, in which case, we can reverse the transaction.

At this time, all Tips are anonymous to the Operator(s) who executed the fulfillment of the order or delivery.

4.    REVIEWS OF SERVICE

You have the option of leaving a review on the Service, which shall be visible to the Administrator. The review is not visible to the Operator, though this review may be shared by the Administrator with the Operator. We ask that you keep the tone and content of reviews respectful, and refrain from comments which are offensive, aggressive or threatening.

5.    BETA SERVICES

Parts or all of the CIGO Pay Platform may be provided and indicated as Beta Services. This means that we're still working on it. There may be some bugs, and we may also ask for some feedback. If you share any feedback with us, as part of the Beta Services or otherwise, you agree that we own all rights, titles and interests in such feedback to the extent that they related to the CIGO Pay Platform, and you assign to us or waive any moral rights, and where applicable, we accept this assignment.

With regards to Beta Services, this section shall have precedence on the remaining of the Terms of Use – Customer in case of conflict between their respective terms.