Terms and Conditions

TAG Dispatch Terms of Use & Responsibilities Agreement

Last updated: January 2022

Whereas:

1. TAG has existing or prospective customer contracts for which TAG may require support; and

2. Tagger has been vetted, trained, and verified as having certain expertise, licenses and/or capabilities which may be required under such contracts; and

3. The parties wish to set forth the terms and conditions upon which the Tagger can access the TAG APP to provide services on behalf of TAG Dispatch Inc.

These Terms and Conditions ("Terms", "Terms and Conditions") govern your relationship with the TAG mobile application (the "TAG APP") operated by Tag Dispatch Inc. (“TAG”, "us", "we", or "our").

Please read these Terms and Conditions carefully before using the TAG APP.

Your access to and use of the TAG APP is based on your acceptance of and compliance with these Terms and Conditions. These Terms apply to all visitors, users and others who access or use the TAG APP.

By accessing or using the TAG APP you (“the Tagger”, “Licensed Guard”) agree to be bound by these Terms and accept all legal consequences of your failure to comply. If you do not agree to these terms and conditions, in whole or in part, please delete the TAG mobile application and/or do not use the TAG APP.

NOW THEREFORE, in consideration of the foregoing, and of mutual agreements set forth herein, it is hereby acknowledged that the parties, intending to be legally bound, agree as follows:

WORK AUTHORIZATION

TAG Dispatch Inc. shall have no obligation to award any work or task under this agreement. However, should any work or task be awarded/provided to the Tagger, the parties agree that such work will be subject to the terms and conditions of this agreement.

PROFESSIONAL POLICIES

TAG Dispatch Inc. requires all Taggers to present themselves in a professional manner, with regard to attire, personal hygiene, and appearance. These standards are commensurate with our organizational practices of appropriate business conduct, professionalism and dress code and are in accordance with the Uniform Appearance for Security Guard Act.

A copy of the Professional Policy is included in all Tagger Kits, and must be read and accepted prior to activating the TAG APP. An additional copy of the Professional Policy can be provided by e-mail request to: support@tagdispatch.com. Policy Focus:

1. Required Attire;
2. Required Tools;
3. Inappropriate Attire;
4. Work-appropriate Hygiene;
5. Policy compliance.

All Taggers shall carry in their possession the TAG Identification Card at all times when On Alert and shall produce the said card/permit for inspection at the request of any person.

Taggers shall be personally neat and clean and will wear uniforms that are clean, pressed, properly fitting and in a state of good repair.

Tagger shall have a TAG decal displayed on the rear of their vehicle and will activate running lights when arriving to the Alert Site. Taggers are cautioned to follow traffic laws at all times and never activate the amber running lights until arriving at the Alert Site.

TAGGER PROFILE

When you create a Tagger Account (“Profile”) with TAG, you must provide accurate, up to date and current personal information. It is understood that it is the Taggers responsibility to maintain an up-to-date Tagger profile at all times. Failure to do so, and/or failure to report changes to information provided in your Tagger Profile, constitutes a breach of the Terms, which may result in action as well as immediate termination of the Tagger Profile on the TAG APP.

You are responsible for safeguarding the password that you use to access the TAG APP whether your password is maintained with TAG or a third-party service. Providing an outside source access or information about and/or to your Tagger Profile and/or Alerts is strictly forbidden. You must notify TAG immediately upon becoming aware of any breach of security or unauthorized use of your account.

LICENCES AND PERMITS

Further to the provisions herein, Tagger shall be responsible for obtaining all necessary licences, permits, certificates and consents and for strictly complying with all applicable federal, provincial and municipal laws, codes, orders, and regulations in connection with the provision of the services hereunder and Tagger shall maintain a Tagger Profile with adequate evidence of its compliance with this Section.

RESPONSIBILITIES OF TAGGER

Upon accepting a TAG Alert, Tagger shall immediately start moving towards the Alert Site. If Tagger does not start moving towards the Alert Site in a designated time period, the TAG APP will extract the Tagger from the event and re-broadcast it to the TAG Network.

Tagger must take the most direct map route as presented by Google Maps. Stopping for gas, coffee or for any other avoidable reason is not permitted. Accepting an alert while on duty for another employer is strictly forbidden.

Upon arriving at the Alert Site Tagger shall follow the TAG APP report prompts. If the site is safe and secure with no activity no further action is required after submitting the TAG Incident Report. If there is any activity, the site is insecure, vandalized or broken into the onsite the Tagger will immediately either dispatch the Police and/or contact Tagger Support at 437-984-8494 for further instruction. Police is to be dispatched first if there is an emergency situation or break in at the Alert Site.

It will be the responsibility of the Tagger to endeavour to respond in the most efficient manner, subject to such factors as may be beyond the control of Tagger as for example without limitation, extraordinary weather, traffic, or acts of God which make ordinary response time impossible. Tagger shall inform TAG of any such delays via email to support@tagdispatch.com or text to 437-984-8494 as soon as safely possible.

CONFIDENTIAL INFORMATION

During the term of this Agreement and thereafter, Tagger will not use for itself or others, divulge or convey to others, or aid or abet others to divulge or convey to others, any information, knowledge, data, or property relating to the business of TAG or of any of its affiliates or any of TAG’s customers in any way obtained by Tagger during the course of using the TAG APP, or in any way obtained by other Taggers or employees of TAG or any of its affiliates other than published material properly in the public domain. Upon request by TAG and/or its customer, Tagger agrees to sign other Confidentiality or Non-Disclosure agreements to be able to perform services for certain TAG customers. This section shall survive in the event of termination of this Agreement.

REPRESENTATION

It is agreed and acknowledged by the Tagger that the Tagger may not provide mobile alarm response services and/or other delivery services to other parties while actively Assigned to a TAG Alert, even if provision of such Services to others does not interfere with and/or impact upon the quality or delivery of services to TAG and its customers.

LINKS TO OTHER WEBSITES

The TAG APP may contain links to third-party web sites or services that are not owned or controlled by Tag Dispatch Inc.

Tag Dispatch Inc. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Tag Dispatch Inc. shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.

TERMINATION

TAG may terminate or suspend Tagger access to the TAG APP immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach the Terms, Professional and/or Responsibility Policies of TAG.

All provisions of the Terms shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Upon termination, your right to use the TAG APP will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless Tag Dispatch Inc., its principals, officers, directors, representatives, employees, contractors, licensors, licensees, suppliers and agents, from and against any claims, losses, damages, obligations, costs, actions or demands.

These include but are not limited to: (a) legal and accounting fees resulting from your use of the TAG APP; (b) your breach of any of these Terms; (c) anything you post on or upload to the TAG APP; and (d) any activity related to your account. This includes any negligent or illegal conduct by you, and/or any person or entity accessing the TAG APP using your account whether such access is obtained via fraudulent or illegal means.

LIMITATION OF LIABILITY

Tag Dispatch Inc., its directors, employees, partners, agents, suppliers, or affiliates, shall not be liable for any loss or damage, direct or indirect, incidental, special, consequential or punitive damages, including without limitation, economic loss, loss or damage to electronic media or data, goodwill, or other intangible losses, resulting from (i) your access to or use of the TAG APP; (ii) your inability to access or use the TAG APP; (iii) any conduct or content of any third-party on or related to the TAG APP; (iv) any content obtained from or through the TAG APP; and (v) the unauthorized access to, use of or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other claim in law, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

DISCLAIMER AND NON WAIVER OF RIGHTS

Tag Dispatch Inc. makes no guarantees, representations or warranties of any kind as regards the website and associated technology. Any purportedly applicable warranties, terms and conditions are excluded, to the fullest extent permitted by law. Your use of the TAG APP is at your sole risk. The TAG APP is provided on an "AS IS" and "AS AVAILABLE" basis. The TAG APP is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance, except as provided for under the laws of any province in Canada. In such cases, the provincial law shall apply to the extent necessary.

Tag Dispatch Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the TAG APP will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the TAG APP is free of viruses or other harmful components; or d) the results of using the TAG APP will meet your requirements.

If you breach any of these Terms and Tag Dispatch Inc. chooses not to immediately act, or chooses not to act at all, Tag Dispatch Inc. will still be entitled to all rights and remedies at any later date, or in any other situation, where you breach these Terms. Tag Dispatch Inc. does not waive any of its rights. Tag Dispatch Inc. shall not be responsible for any purported breach of these Terms caused by circumstances beyond its control. A person who is not a party to these Terms shall have no rights of enforcement.

You may not assign, sub-license or otherwise transfer any of your rights under these Terms.

TAG IS NOT AN INSURER AND THE AMOUNTS PAYABLE TO TAGGER UNDER THIS AGREEMENT ARE BASED STRICTLY UPON THE VALUE OF THE SERVICES PROVIDED AND ARE UNRELATED TO THE VALUE OF PROPERTY AT THE WORK SITE. THE PARTIES ACKNOWLEDGE AND AGREE THAT TAG’S SERVICES DO NOT CAUSE AND CANNOT PREVENT THE TYPES OF OCCURRENCES (e.g., criminal break-ins, unauthorized intrusions, etc.), OR THE CONSEQUENCES ARISING THEREFROM (e.g., theft, vandalism, property loss, personal injury), WHICH THE SERVICES ARE OR MAY BE INTENDED TO DETECT. IN THE EVENT OF INJURY, DEATH, LOSS, DESTRUCTION OR DAMAGE TO PERSONS OR PROPERTY AT THE ALERT SITE HOWEVER CAUSED OR IN TRANSIT TO A ALERT SITE FOR ARISING OUT OF, OR IN CONNECTION WITH A TAG ALERT, TAG’S ENTIRE LIABILITY, IN CONTRACT (INCLUDING ANY BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO $250.00, AS AGREED UPON DAMAGES AND NOT AS A PENALTY, AND SUCH LIMITATION OF TAG’S LIABILITY SHALL APPLY NO MATTER HOW THE LOSS, DAMAGE, INJURY OR OTHER CONSEQUENCE OCCURS, EVEN IF DUE TO TAG OR TAGGERS’S NEGLIGENCE, ACTIVE OR OTHERWISE.

EXCLUSIONS

As set out, above, some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you. Provincial laws of Canada may apply to certain products and service provided.

GOVERNING LAW

These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Ontario and the laws of Canada, as applicable.

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the TAG APP, and supersede and replace any prior agreements, oral or otherwise, regarding the TAG APP.

LEGAL STATUS

It is expressly agreed between the parties that Tagger is not an employee of TAG for any purpose whatsoever, but is an independent contractor. Tagger shall not be entitled to receive from TAG any benefits whatsoever and TAG shall not be required to make contributions for employment insurance, Canada Pension, workers’ compensation and other similar levies in respect of the Charges for services to be paid to Tagger

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use the TAG APP after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the TAG APP.

NOTICES

If you have any questions about these Terms & Conditions or wish to contact us, please email support@tagdispatch.com.