Terms of Use – Customer

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all proprietary rights provided under patent law, copyright law, including registered and unregistered copyrights and unpublished work of authorship, trademark law, design patents or industrial design law, or any other common law principle applicable to the protection of intangible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, your mobile phone number, or your email, 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 email 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 is 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 depends on you enabling certain functions within your device in order for us to send you notifications regarding your delivery. If you refuse these permissions, 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. SMS/RCS Messaging Terms

Cigo Tracker may send transactional and service-related SMS and RCS messages to the mobile number you provide, either directly or on behalf of the Vendor, in connection with the Service.

Program Description

SMS/RCS messages may include delivery confirmations, scheduling updates, delivery reminders, tracking links, out-for-delivery notifications, estimated time of arrival updates, live map tracking updates, drive time and distance updates, proof-of-delivery information, customer support responses, review or rating requests, and other delivery-related service notifications.

Opt-In Method

You may opt in to receive SMS/RCS messages from Cigo Tracker through one or more available methods, including web, keyword, or verbal opt-in. This may include: submitting your mobile number through a web form, checkout, order, scheduling, account, tracking page, CASL compliance form, or CAN-SPAM form; providing your mobile number and consent verbally to Cigo, a Vendor, or their representatives; texting a keyword or confirming consent through an SMS/RCS prompt where available; or otherwise agreeing to receive delivery-related messages from Cigo Tracker or a Vendor using the Service. By opting in, you authorize Cigo Tracker and/or the applicable Vendor to send SMS/RCS messages to the mobile number provided.

Message Frequency

Message frequency varies depending on your delivery activity, Vendor, order status, and interactions with the Service. You may receive multiple messages for a single delivery or service appointment.

Message and Data Rates

Message and data rates may apply to SMS/RCS messages sent to or received from Cigo Tracker. Please contact your wireless provider with questions about your mobile plan.

Customer Care / Help

For help, reply HELP to any SMS/RCS message. You may also contact Cigo Tracker at support@cigotracker.com or by mail at 9850 rue Saint-Urbain, Montréal, QC H3L 2T2, Canada.

Opt-Out / STOP

You may opt out of receiving SMS/RCS messages at any time by replying STOP to any SMS/RCS message. After you send STOP, you may receive a final confirmation message confirming that you have been unsubscribed. After opting out, you may no longer receive delivery-related SMS/RCS notifications from Cigo Tracker for that mobile number, although you may still be able to access tracking information through the Service using other available methods.

Carrier Disclaimer

Wireless carriers are not liable for delayed or undelivered messages.

Privacy

Cigo Tracker handles personal information related to SMS/RCS messaging in accordance with its Privacy Policy.

6. 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 the Service in any manner which contravenes, breaches, or violates this Section 6.

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

1. That is prohibited by applicable laws;
2. 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;
3. 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;
4. 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;
5. That involves breaking into our security, including, without limitation, by:
   1. Posting or transmitting any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features;
   2. Interfering with the proper functioning of the Service;
   3. Attempting to hack security requirements or processes in the use of the Service;
   4. Attempting to access any part of the Service, or any of its systems, networks, servers, or other related equipment, that you are not authorized to access;
   5. Attempting to disrupt the operation of the Service, its servers, or its network in any way whatsoever;
   6. Disobeying any requirements, procedures, policies, or regulations of your network connected to the Service;
   7. Manipulating identifiers to disguise the origin of any content transmitted or uploaded to the Service, or the source of any content;
   8. Modifying or tampering with the Service in any unauthorized manner.

Collectively, the above are referred to as “Abuses.”

You hereby agree and acknowledge that an indirect violation or attempted violation of this Section 6 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.

7. Intellectual Property

You agree and acknowledge that the Service is 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.

8. 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.

9. Personal Information

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

10. Interactions with Delivery Personnel

You agree to be professional at all times in all communications with 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.

11. 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 this Agreement and with applicable laws related to 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-service and distributed-denial-of-service, ransomware, and other cyber-attacks that are not caused or facilitated by negligence (a “Force Majeure”).

13. 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.

14. Term; Termination

This Agreement is effective at the date when you begin using our Service and remains 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.

15. Governing Law

This Agreement, including its interpretation and effect, is 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.

16. 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.

17. 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.