Please read the following terms of use carefully (hereinafter “Terms of Use”) of Location LocketGo Inc., enterprise whose registered office is located at 107, Louvain Ouest street, (H2N 1A4), in the city of Montreal, in the province of Quebec, in Canada (hereinafter the “LocketGo”).
LocketGo operates the current website “https://hellolocketgo.com/” and “https://locketgo.com/“, the Mobile and Web applications “LocketGo” (hereinafter the “Platform”) as well as LocketGo lockers (hereinafter the “Lockers”).
By deciding to use the Platform and the LocketGo’s services, the user, that is to say the end user or the organization you represent or you work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform.
The User is also defined as any of the following:
LocketGo’s business partners (hereinafter the “Administrator”);
The natural persons authorized by an Administrator to use LocketGo’s lockers (hereinafter the “Beneficiary”);
The natural persons who use LocketGo’s services autonomously and for personal purposes (hereinafter the “Individuals”);
These Terms of Use have the effect of legally binding the User and LocketGo (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.
If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.
ACCESS AND USE OF THE PLATFORM
If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.
The Platform is accessible on recent versions of the following browsers: Google Chrome, Safari, Firefox. Opera and Edge.
The Lockers are accessible at the landmarks indicated on the Platform.
THE SERVICE
Through its Platform, LocketGo offers a Locker service for packages or personal belonging to a predetermined time.
The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. LocketGo is not responsible for any interruption of service or updating. LocketGo will try to make the updates when the affluence of visits on the Platform is at its lowest.
LocketGo does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
LocketGo reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User.
LocketGo cannot be held responsible for mistakes, typographical errors or bugs.
Each User created in the system is the owner of the contents of his account, except for the Beneficiary whose account is managed by an Administrator. LocketGo does not delete anything unless a User requests it.
The User agrees, non-restrictively, to not:
(a) Use the Platform or Lockers in a way that could harm, put out of service, surcharge or jeopardize the Platform or Lockers;
(b) Disrupt the security or otherwise abuse of the Platform or Lockers, system resources, server or network linked to the Platform or to websites affiliated, linked to or accessible through them;
(c) Disturb or disrupt the use or enjoyment by other Users of the Platform or Lockers;
(d) Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;
(e) Use a robot, spider or any other automatic device or manual method to control or copy pages or content of the Platform;
(f) Use the Platform to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and
(g) Attempt to obtain unauthorized access to the Platform, to Lockers or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to its use of and its activities on the Platform.
INTELLECTUAL PROPERTY
All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of LocketGo. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of LocketGo.
Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of LocketGo.
Without limiting their coverage, the Intellectual Property elements belonging to the LocketGo include, non-exhaustively, the following elements:
All logos, drawings, graphs, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform;
All software, APIs and materials made available by the Platform;
All databases made available by the Platform; and
All the content offered by the Platform for free download.
Any information provided on the Platform belongs to LocketGo and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used with a licence, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without LocketGo’s express and written authorization. The information is protected under the copyright and trademark legislation of Canada as well as under the copyright and trademark legislation of the countries where the Platform is hosted.
The pictures and the text contained on the Platform that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User himself needs to assure itself that all the notices regarding copyrights and trademarks are still on them. The Platform’s content can be modified at all times without warning. For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: info@locketgo.com.
Nothing contained herein shall be interpreted as conferring any licence or any kind of right to the User under copyright or trademark laws.
Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.
Subject to applicable laws and LocketGo’s Privacy Policy (https://hellolocketgo.com/privacy-policy/), the importation, creation, submission or storage of content by the User grants LocketGo a free, worldwide, non-exclusive, transferable, sublicensable and non-exclusive license. This license authorizes LocketGo to host, use, modify, reproduce, publish, publicly perform, create derivative works from, or distribute the User’s Content.
Under this license, LocketGo may only use your content in connection with the operation or enhancement of its services (such as operating system optimization or general monitoring of your use). LocketGo does not use, in any case, the Beneficiary’s information for promotional purposes, without its express authorization.
If you wish to terminate this license, simply delete your account. However, the content you have shared, such as your comments, will always be visible to other Users: you can request its deletion, under certain conditions, from the contact person, whom you can contact at info@locketgo.com.
EXTERNAL LINKS
It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, LocketGo provides on its Platform links to other websites only for user-friendly and informative purposes. LocketGo has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. LocketGo is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. LocketGo has no influence on the content to which the External Links refer to and is not responsible for it. LocketGo does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted.
Furthermore, under links’ creation and consultation method in effect, LocketGo does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.Furthermore, LocketGo does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. LocketGo does not guarantee the absence of virus or any other harmful composites on those websites or on their content.
LocketGo also does not guarantee the accuracy of documents available on the internet.
SOCIAL MEDIA
The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media” ).
General statement
By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use and LocketGo’s privacy policy as well as Social Media providers’ terms and conditions, if any. You although agree that LocketGo copy, edit, publish, translate and distribute your commentaries, photos, videos or any other element published on a Social Media, and this without any counterpart.
Terms of Use of Social Media
Some comments and other elements displayed on Social Media pages may not represent LocketGo’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:
any defamatory content;
offensive;
obscene;
misleading;
illegal;
violating in any other way the rights of others (including privacy rights);
any advertising content;
promotional documents or any other form of undesired solicitation;
any content whose origin or source is falsified;
any financial or personal information about you or anyone else; and
any information that LocketGo would judge to be a breach or its Terms of Use.Any information, message, link or item that, according to LocketGo, enters in either one of the categories listed above will be deleted without engaging the LocketGo’s liability.
In addition, LocketGo does not assume responsibility for filtering messages posted on Social Media.
LocketGo is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.
DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY
LocketGo does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided “as is” without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.
LocketGo is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in the province of Quebec and Canada.
LocketGo provides autonomous lockers to the User and cannot be held to control the nature of the items stored therein. LocketGo declines any responsibility for the use of the Lockers for illicit purposes. As a User, you remain solely responsible for the content of the Lockers assigned to you.
When the User is a consumer under Quebec Consumer Protection Act, the exclusion of warranties, and the LocketGo’s disclaimer of liability for certain damages do not apply. In this case, the User has additional rights and is not subject to the limitations mentioned below.
Except in cases where the Consumer Protection Act is applicable, LocketGo shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if LocketGo has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.
As a User, you will indemnify LocketGo, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders of LocketGo, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.
You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.
APPLICABLE LAW AND COMPETENT COURTS
The Platform and its content are managed by LocketGo from its offices located in the province of Quebec, Canada. The Platform and its content, these Terms of Use and your use of the Platform are all governed by the laws of Quebec and Canada applicable therein, without giving effect to any principle of conflict of laws.
You agree that all questions and disputes concerning the Platform and your use of it shall first be brought before a mediator and, in the absence of compromise, shall be decided by the courts of the Province of Quebec.
In addition, any decision of the courts to the effect that one of the clauses of these Terms of Use is null and void or unenforceable shall have no effect on the other clauses.
AMENDMENTS TO THESE TERMS
We occasionally update these Terms. Continued use of this Platform constitutes the User’s agreement to these Terms and to its updates.
The User accepts and acknowledges that LocketGo reserves the right, at any time and without prior notice, to modify, change or update the Terms of Use.
However, where the Consumer Protection Act applies, LocketGo will notify the Platform Users thirty (30) days prior to the coming into force of the modification herein. If the User does not accept these modifications and wishes to terminate the Agreement, the User will have no later than thirty (30) days following the coming into force of the modifications to send a notice to LocketGo and to resolve, without charge or penalty, its obligations towards LocketGo.
If you object to any changes to these Terms, please cease all use of the Platform. LocketGo will attempt, as much as possible, to inform Users of any changes to this Policy, however, it is the User’s responsibility to review it regularly to be informed of any changes that may be made.
INTERPRETATION
The headings of the foregoing articles are inserted for reference purposes only and shall not affect the construction or interpretation of the provisions of these Terms of Use.
Whenever the context so requires, any word written in the singular gender shall also include the plural and vice versa; any word written in the masculine gender shall also include the feminine gender and vice versa.
CONTACT PERSON
If you have any questions or comments regarding any content of the Platform, please contact us at info@locketgo.com.(Last update: Wednesday September 9th, 2020
