2.2. This myTuGo Agreement is a legal agreement between you and TuGo Companies 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.
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 TuGo Companies, including, without limitation, the terms of a fulfilment, insurance policy, or other agreement you may have with TuGo Companies. 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 myTuGo Site may be unavailable to you from time to time and TuGo Companies 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 TuGo Companies 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 TuGo Companies 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 TuGo Companies' products or services, all in accordance with the Agreement, this myTuGo Agreement, and all applicable laws and regulations.
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 TuGo Companies. 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. TuGo Companies 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 TuGo Companies immediately of any unauthorized use of your account, login or password, or any other breach of security that you become aware of. TuGo Companies 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. TuGo Companies 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 TuGo Companies 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. TuGo Companies 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 TuGo Companies may use and share with other parties Aggregate Information and Individual Information gathered by TuGo Companies in respect of the myTuGo Site.
8.4. TuGo Companies 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 TuGo Companies' 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, TuGo Companies 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 TuGo Companies makes commercially reasonable efforts to secure your credit card or payment information pursuant to applicable laws and regulations, TuGo Companies cannot guarantee that security breaches will never occur and TuGo Companies 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. TuGo Companies 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. TuGo Companies 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 TuGo Companies 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, 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.
11.1. TuGo Companies reserves the right to suspend or terminate your use and prevent your further access to the myTuGo Site at any time, without notice, if TuGo Companies 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 TuGo Companies may deactivate your account, login and password. TuGo Companies 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 TuGo Companies 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 TuGo Companies has been advised or should have known of the possibility of such damages.
12.2. TuGo Companies 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 TuGo Companies 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 TuGo Companies 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, TuGo Companies disclaims all representations, warranties and conditions of any kind in respect of the Generated Content. TuGo Companies 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. In addition, TuGo Companies does not warrant that the myTuGo Site will operate error-free or is free from viruses, worms, Trojan horses or other destructive or harmful code. TuGo Companies 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.
14.1. This myTuGo Agreement was originally drafted in the English language. While TuGo Companies 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.