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Last updated: [December 22, 2022]
This Agreement applies to your use of the Cigo tracking application (the “App”) and the Cigo website at https://cigotracker.com/ (the “Web App”) (together “Services”). Please read this Agreement carefully before using or accessing the Services, as it contains important information about your obligations when using the Services.
This Agreement is effective upon (a) the download of our App if the Agreement is identified in the App Store or Google Play Store; (b) your acceptance of this Agreement, whichever comes first. If you wish to use any of the Services, 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 Services.
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 Services, you can contact us at:
9850 rue Saint-Urbain
Montréal, QC H3L 2T2
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 Internal End Users that primarily access the Web App, including dispatchers, customer support, managers, admins, and others.
· “Customers” means the Vendor’s customers to whom the goods or services are being delivered.
· “Operators” means the authorized Internal End Users who primarily access the App, which includes service technicians, delivery staff, helpers, drivers, 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any and all proprietary rights provided under patent law, copyright law (registered and unregistered copyrights and unpublished work of authorship), trademark law, design patents or industrial design law, or any other common law principle applicable to the protection of intangible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.
· “Internal End User” means the authorized users of the Services, as determined by the Vendor. Internal End Users includes Administrators and Operators.
· Personal Information means information that can, indirectly or directly, identify you, such as a name, address, name or e-mail, which are collected as part of our Services.
· "Vendor" means a organization subscribing to Cigo Tracker, and which has entered into a General Service Agreement with Cigo, and determines the authorized Internal End Users of the Software.
You are required to create an account to access the Services (“Account”). You are responsible for maintaining the confidentiality and security of your Account login credentials, and for all activities and any other actions that occur under or are taken in connection with your password or Account. You agree to (a) immediately notify Cigo of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or information available to you through the App; and (b) ensure that you exit from your Account at the end of each session. Cigo will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) or (b) above, or for any acts or omissions by you or someone else using your Account and/or password.
When using our Services, we ask that you follow some housekeeping rules. You agree to use the Services only for lawful purposes and to respect the following rules when using the Services. You represent and warrant that you will not use of the Services in any manner which contravenes, breaches or violates this section 3.
You hereby represent and warrant that, you will not use the Services in any manner whatsoever:
(i) That is prohibited by applicable laws;
(ii) That violates Canada’s Anti-Spam Law (“CASL”);
(iii) That results in the unauthorized disclosure of the personal information of a Customer or other Internal End User;
(iv) That impersonates any person, including accessing the Services using another Internal End User’s access;
(v) That involves the sale, transfer, sub-licence or otherwise making the Services available to third parties;
(vi) That interferes with the use or enjoyment of the Services 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);
(vii) 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 Services or any part of the Services;
(viii) 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 services underlying the technology by any means;
(ix) 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 Services;
(C) Attempting to hack security requirements or processes in the use of the Services;
(D) Attempting to access any part of the Services (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 Services, their servers or their network in any way whatsoever;
(F) Disobeying any requirements, procedures, policies or regulations of your network connected to the Services;
(G) Manipulating identifiers to disguise the origin of any content transmitted or uploaded to the Services, or the source of any content;
(H) Modifying or tampering with the Services in any unauthorized manner.
(x) That involves falsifying or manipulating the location of an Operator or the location of another Internal End User when using the App.
(xi) The involves manipulating or modifying any information regarding the delivery, including but not limited to Operator reports, and delivery status.
(collectively, the "Abuses")
You hereby agree and acknowledge that an indirect violation or attempted violation of this Section 3 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 Services with or without notice.
You agree and acknowledge that the Services are our Intellectual Property, and the content may be protected by copyright. You may not copy the content of our Services or use our trademarks without our written authorization.
You may make suggestions, enhancement requests, recommendations or other feedback regarding the Services (“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.
The Vendors we work with expect a high quality experience in using Cigo Tracker. As a Internal End User of the Services, you agree to maintain a certain level of quality of service in order to continue using the Services. Cigo reserves the right to deactivate your access to the Services if your service falls below the industry standard for like services in your region, as determined by Cigo in its good faith discretion. This includes, but is not limited to:
6. INTERACTIONS WITH CUSTOMERS
You agree to be professional at all times in all communications with any Customer. Any interactions that Internal End Users have with the Customer while using the Services should be limited to what is necessary for the completion of the delivery. You should have no further communications with the Customer once the delivery is completed.
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;
· infringes any patent, trademark, trade secret, copyright, right of privacy and/or publicity, and/or other proprietary rights of any person and/or entity;
· is illegal and/or promotes illegal activity;
· contains unauthorized advertising and/or solicits users to a business.
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 Services for your lawful personal purposes. All rights not expressly granted herein are reserved by Cigo.
All Internal End Users shall maintain the confidentiality of any Personal Information to which they may have access in the course of their use of the Services, be it of another Internal End Users or of a Customer. This Personal Information may not be used or disclosed for any purposes except for the provision of the Services.
When you download the Cigo App from Apple, you must accept the following terms:
a. You agree and understand that this Agreement, including this Section 9 is between you and Cigo, and not with Apple. We are solely responsible for our App and the content thereof. The usage rules set forth in the App Store Terms of Service have precedence over this Agreement.
b. Subject to these Terms of Services, and during the Term, we grant you a revocable, non-exclusive, non-transferable, non-sublicensable and limited license to download, install, use and access our Services for your personal or professional use. This license applies to the devices that you own or control and is subject to the rules of the mobile operator. If you are using an IoS version of our App, this license is only valid for Apple-branded products.
c. We may issue updates, new releases or upgrades for our App (together, the “Updates”) from time to time. Updates are provided when available, at our sole discretion or as required by applicable laws, and may include bug fixes, security updates, new features and enhancements to existing features. If we provide you with an Update, it is your responsibility to update your App. We may not support previous versions of our App, and we have no liability or responsibility for supporting and maintaining them, including for security patches. It’s important that you install the Updates to ensure that you are using a secured version of our App.
d. You agree that we are solely responsible for providing any maintenance and support services with respect to the App, as specified in Section 9 of this Agreement, or as required under applicable. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
e. We are solely responsible for any warranties set forth in these this Agreement, whether express or implied by law, to the extent not effectively disclaimed. In case of a failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you, if applicable. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty is our sole responsibility.
f. You acknowledge that we, not Apple, are responsible for addressing any claims by you or third parties relating to the App, or your possession or use, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.
g. In the event of any third-party claim that the App or your possession and use of the App infringes third party’s intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
10. TERM; TERMINATION
This Agreement is effective at the date when you begin using our Services and remain in full force as long as you are using our Services (“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.
Cigo may monitor any and all use of the Services, and may manage the Services in a manner intended to protect our property and rights and to facilitate its proper functioning. If any conduct within the Services violates the obligations stated in this Agreement, or any other terms and conditions of this Agreement; or interferes with other people’s enjoyment of the Services; in our sole, reasonable judgment, we further reserve the right to terminate access to the Services or to any information available through the Services.
12. 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-services and distributed-denial-of-services, ransomware and other cyber-attacks that are not caused or facilitated by negligence (a “Force Majeure”).
TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS SET FORTH IN THIS AGREEMENT, CIGO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS", “AS AVAILABLE” AND “WHERE IS”. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE SERVICES ARE PROVIDED WITHOUT ANY REPRESENTATION AND/OR WARRANTY OF ANY KIND AND CIGO MAKES NO OTHER REPRESENTATIONS, CONDITIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, STATUTORY, LEGAL OR OTHERWISE REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT, OUTPUTS OR DATA WHICH ARE DERIVED FROM OR RESULTS FROM THE USE OF THE SOFTWARE AND EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE CUSTOMER HEREBY WAIVES ANY LEGAL WARRANTY EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.
14. LIMITATION OF LIABILITY
CIGO SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE SOFTWARE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED OR OTHER INTANGIBLE LOSS.
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.
16. GOVERNING LAW
This Agreement including its interpretation and effect, is governed by the laws applicable in the province of Quebec, Canada, without regard to its conflict of law provisions. Both parties hereby agree to submit to the exclusive jurisdiction of the courts located in the judicial district of Montreal, Quebec, Canada, in respect to any claim, proceeding or action relating to or otherwise arising out of this Agreement or the Services howsoever arising.
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.
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 them.
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
1. CIGO PAY ACCOUNT
Organizations and Operators may create an account on the Cigo Pay Platform in order to receive tips (“Tips”) from Customers (“Cigo Pay Account”). The account features a profile with standard information, as well as payment details. You represent and warrant that the payment details provided in the Cigo Pay platform are accurate and that you have the right to use the bank account provided.
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. MODALITIES OF PAYMENT
Tips are paid to the Cigo Pay accounts 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.
Tips processing fees, payment processor fees, and administrative fees are deducted from the amounts before they get paid to the associated Cigo Pay Account.
* Please note that effective January 1, 2023 - Tips processing fees, payment processor fees, including administrative fees will be increased to 25%.
4. 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.
You agree that the Beta Services are provided "as is" and "as available", which means that we disclaim any and all warranties, and that we do not take responsibility for damages resulting from your use, except if we are required under the law. You agree and understand that the Beta Services are provided at your own risks.