2.2. This MyTuGo Agreement is a legal agreement between you and the TuGo Group governing your use of the MyTuGo Site. By registering for, accessing, or using the MyTuGo Site, you acknowledge that you have read, understood and agree to be bound by this MyTuGo Agreement.
2.3. Please also note that this MyTuGo Agreement may be revised at any time without notice and that you will be bound by such revisions if you continue to use the MyTuGo Site after we have posted the changes to the MyTuGo Site. You will be responsible for reviewing this MyTuGo Agreement from time to time as posted on the MyTuGo Site so that you will be familiar with the current terms of this MyTuGo Agreement.
2.4. If you do not agree to comply with and be bound by all of the terms and conditions set out in this MyTuGo Agreement and the Agreement, then you shall immediately cease using the MyTuGo Site.
3.1. Your obligations under this MyTuGo Agreement are in addition to and do not derogate from your obligations under the Agreement, as well as any other agreements you may have with the TuGo Group, including, without limitation, the terms of a fulfilment, insurance policy, or other agreement you may have with the TuGo Group. In the event of a discrepancy or conflict between the provisions of this MyTuGo Agreement (or any Content on the MyTuGo Site) and the terms of a fulfilment or insurance policy, the terms of the fulfilment or insurance policy will govern over the terms of this MyTuGo Agreement (and any Content on the MyTuGo Site), to the extent of the discrepancy or conflict.
4.1. The operation, form, structure and content of the MyTuGo Site may be determined and modified by the TuGo Group from time to time, in its sole discretion. The TuGo Group shall not be responsible for any loss, liability or damages arising from you relying on a version of the MyTuGo Site that is not the most current version of the MyTuGo Site.
4.2. The MyTuGo Site may be unavailable to you from time to time and the TuGo Group may operate, maintain, administer, modify and discontinue providing the MyTuGo Site and the services thereon, from time to time, in its sole discretion, without notice to you, and the TuGo Group will not be liable to you or any third party for any loss or inconvenience that may result from any interruptions, changes or cancellations to the services or availability of the MyTuGo Site.
5.1. You agree to use the MyTuGo Site for your own personal and non-commercial use and strictly for the purposes permitted by the TuGo Group from time to time, which may include accessing and managing your account, extending any existing insurance policies, submitting and managing a claim, or obtaining information regarding the TuGo Group’s products or services, all in accordance with the Agreement, this MyTuGo Agreement, and all applicable laws and regulations.
5.2. You agree not to reproduce, duplicate, copy, redistribute, or sell the MyTuGo Site or any part thereof.
5.3. You shall provide and remain responsible for all devices, equipment, systems, and internet access necessary to access and use the MyTuGo Site. The TuGo Group shall not, under any circumstances, be responsible or be liable for your access and use of the MyTuGo Site, including, without limitation: any data charges; overage or roaming charges/fees; device charges, fees, or costs; or any other cost of a similar nature.
6.1. In order to access certain portions of the MyTuGo Site, you will have to create or activate an account, login and password and provide the information required by the TuGo Group. You will have to enter your login and password in order to log on to certain portions of the MyTuGo Site and access your account on the MyTuGo Site.
6.2. You must provide current, accurate and complete information when creating, activating or modifying your account, login and password and in using the MyTuGo Site.
6.3. The TuGo Group may, in its sole discretion, determine whether to approve the creation, activation, modification or termination of your account.
6.4. You are solely responsible for your account, the security of your login and password, and all activity that occurs on your account. You shall keep your password secure and shall not disclose your password to any third parties or allow any third parties to use your account. You shall notify the TuGo Group immediately of any unauthorized use of your account, login or password, or any other breach of security that you become aware of. The TuGo Group is not required to verify the actual identity or authority of any user of your login.
6.5. You shall not use any other person’s account, login or password.
6.6. The TuGo Group shall not be liable for any losses or liabilities caused by any unauthorized use of your account, login or password and you shall be responsible and liable for and indemnify and save harmless the TuGo Group from and against any losses or liabilities arising from any unauthorized use of your account, login or password. This includes any transactions performed or information obtained or transmitted resulting from such use, even without your knowledge or consent.
6.7. The TuGo Group reserves the right to deactivate or disable your account, login or password if your account, login or password has not been used or has been inactive for over twelve (12) consecutive months.
8.2. In this section:
8.2.1. “Aggregate Information” is information that describes the habits, usage patterns and/or demographics of users as a group but does not describe or reveal the identity of any particular user.
8.2.2. “Individual Information” is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user.
8.3. By accessing and using the MyTuGo Site, you agree that the TuGo Group may use and share with other parties Aggregate Information and Individual Information gathered by the TuGo Group in respect of the MyTuGo Site.
8.4. The TuGo Group does not share customer names, e-mail addresses, or personal information required for online purchase transactions or e-mail subscriptions with any third parties except in accordance with applicable laws and regulations.
9.1. Whereas the MyTuGo Site may allow you to purchase the TuGo Group’s products and services (or extensions or renewal thereof) online, you will be able to pay for such products and services that you purchase by way of the payment options indicated, which may include payment by credit card. When making such purchases, you will have to submit accurate and complete credit card or other payment information. You will then be charged and obligated to pay for the product or service that you purchased using the payment information that you supply. You are responsible for paying all applicable taxes on the products and services that you purchase.
9.2. To ensure secure transactions in processing payments, the TuGo Group will use appropriate security protocols to encrypt your credit card or payment information, to prevent unauthorized parties from using your credit card or payment information. While the TuGo Group makes commercially reasonable efforts to secure your credit card or payment information pursuant to applicable laws and regulations, the TuGo Group cannot guarantee that security breaches will never occur and the TuGo Group will not be responsible or liable for any such breach or any losses arising therefrom.
9.3. Further to the Agreement, although the MyTuGo Site and the Website can be accessed from Canada and other countries around the world, some or all products and services described on the MyTuGo Site and the Website may not be available for purchase by persons residing in certain jurisdictions or geographical areas. The TuGo Group reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any product or service to a person or entity residing in any jurisdiction or geographical area. The TuGo Group does not represent or warrant that any product or service provided on the MyTuGo Site or the Website will be available for purchase to you.
10.1. While the TuGo Group makes commercially reasonable efforts to comply with industry standards in operating the MyTuGo Site and maintaining the security systems and protocols required to protect the security of the information and transactions transmitted or processed through the MyTuGo Site, some modes of telecommunication that you may use to access the MyTuGo Site, such as cellular phones, mobile devices, wifi networks, and cellular networks, may not be secure and may be subject to local laws applicable in the jurisdiction where you access the MyTuGo Site. You use such modes of telecommunication at your own risk.
10.2. You acknowledge that the Internet is a network of computers worldwide, and that any information submitted by you to the TuGo Group may be routed via third party computers to the TuGo Group, and that the TuGo Group is not responsible for lapses in online security and does not assume liability for improper use of your personal information by a third party.
10.3. You acknowledge and agree that whereas you may provide the TuGo Group with personal or proprietary information through the MyTuGo Site, such personal or proprietary information may be transmitted across international borders as may be necessary for the TuGo Group to process, handle, and store such information.
10.4. The TuGo Group cannot guarantee that security breaches will never occur and the TuGo Group will not be responsible or liable for any such breach or any losses arising therefrom.
10.5. You acknowledge, covenant, and agree that you (and not the TuGo Group) shall be responsible and liable for, and shall defend, indemnify and hold harmless the TuGo Group from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including, without limitation, legal fees) arising from:
10.5.1. Any mishandling or unauthorized collection, use or disclosure of personal information by you;
10.5.2. Any breach or unauthorized access or use of your computer hardware, software, or any security measures placed thereon by you; and
10.5.3. Any errors or inaccuracies in inputting your information.
11.1. The TuGo Group reserves the right to suspend or terminate your use and prevent your further access to the MyTuGo Site at any time, without notice, if the TuGo Group has reason to believe that you have violated the terms of the Agreement, this MyTuGo Agreement or any applicable laws or regulations. In this event, you shall cease all use of the MyTuGo Site and the TuGo Group may deactivate your account, login and password. The TuGo Group shall not be liable to you or any third party for discontinuing your access to the MyTuGo Site.
12.1. You assume the responsibility and risk for your access to, and use of, the MyTuGo Site. Further to the terms of the Agreement, you release the TuGo Group from any claim or responsibility for any direct, indirect, incidental, special, consequential, or punitive damages whatsoever, in any way relating to the MyTuGo Site or your use or access thereof, whether based in contract, tort (including negligence), or any other theory of liability, and whether or not the TuGo Group has been advised or should have known of the possibility of such damages.
12.2. The TuGo Group disclaims all representations, warranties and conditions of any kind in respect of the MyTuGo Site or your use of this service, either express or implied, including, without limitation, all warranties and conditions of merchantability or fitness for a particular purpose, and those arising by statute or otherwise in law, or from a course of dealing or usage of trade.
12.3. In no event shall the TuGo Group or its suppliers be liable for any damages, including, without limitation, damages for loss of data or profit, or due to business interruption, arising out of the use or inability to use the MyTuGo Site, even if the TuGo Group or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
12.4. The MyTuGo Site may generate or use third-party services to dynamically and automatically generate content for you (the “Generated Content”). As the Generated Content may be created entirely by the MyTuGo Site or third-party software without human guidance, direction, or input, the TuGo Group disclaims all representations, warranties and conditions of any kind in respect of the Generated Content. The TuGo Group is not liable for the accuracy, completeness, appropriateness, or sufficiency of any part of the Generated Content or any event or occurrence that may arise as a result of your reliance on the Generated Content.
12.5. The TuGo Group may retain third party service providers (such as Amazon Web Services™) to provide services in support of the MyTuGo Site or certain portions thereof (including on the cloud), and to transfer, store and process data in Canada or any other jurisdiction in which the TuGo Group or its third party service providers maintain facilities, such that such data may be subject to the applicable local laws of that jurisdiction and may be accessible to the law enforcement and national security authorities of that jurisdiction. For further clarity, hosting services and data provided through or stored on the MyTuGo Site may be located in servers and data storage centres outside of British Columbia and/or Canada and may be subject to the applicable local laws of the jurisdiction where the storage centres are located. By using the MyTuGo Site, you consent to the TuGo Group retaining such third party service providers to host the MyTuGo Site or certain portions thereof (including on the cloud), and to transfer, process and store data in Canada or any other jurisdiction in which the TuGo Group or its third party service providers maintain facilities.
12.6. In addition, the TuGo Group does not warrant that the MyTuGo Site will operate uninterrupted or error-free or is free from viruses, worms, Trojan horses or other destructive or harmful code. The TuGo Group also assumes no responsibility, and shall not be liable for, any damage to your computer equipment or other property as a result of your access to, use of, or browsing the MyTuGo Site or your downloading of any materials, data, text, images, video, or audio from the MyTuGo Site or arising in connection with any failure of performance, error, omission, interruption, defect, computer virus, delay in operation or transmission, or line or system failure.
12.7. The TuGo Group may make available certain information on the MyTuGo Site, including, but not limited to, “Frequently Asked Question” publications, brochures, policy statements, and other informational resources. Any such information published by the TuGo Group is provided solely for general illustration and instructional purposes and does not create a business or professional services relationship and does not constitute advice or direction by the TuGo Group. Any reliance on the information so provided is at your own risk.
14.1. This MyTuGo Agreement was originally drafted in the English language. While the TuGo Group may provide a translation of the English language version of this MyTuGo Agreement into the French language, the French language version of this MyTuGo Agreement (the “French Translation”) is only provided for your convenience. The English language version of this MyTuGo Agreement is the version that should be used and relied on in interpreting and construing the meaning of this MyTuGo Agreement. To the extent that there is any conflict, discrepancy or inconsistency between the French Translation and the English version of this MyTuGo Agreement, the English version of this MyTuGo Agreement governs and takes precedence.