EVE Car Member Agreement
Introduction
- Binding Agreement. Please read this EVE Car Member Agreement (this “Agreement”) carefully before submitting an application for membership or using the EVE Car Program. This Agreement constitutes a binding agreement between you and EVE Car.
- Nature of Agreement. This Agreement is a vehicle sharing service membership agreement. You may use a Vehicle only after applying for and being approved for membership in the EVE Car Program and paying the application and membership fees, and after downloading the Rental App and reserving a vehicle.
- Vehicle Ownership. The Vehicles that are provided for use in the EVE Car Program are owned by the EV Service Provider. You do not acquire any ownership interest in any Vehicles or other property offered for use in the EVE Car Program.
- Acceptance. You accept this Agreement and agree to be bound by its terms and conditions by submitting your application for membership to the EVE Car Program. You accept the Vehicle Rental Agreement and agree to be bound by its terms and conditions by reserving a vehicle via the Rental App.
- Revisions. We may revise this Agreement from time to time at any time by posting an updated version to this website. For example, the types and amounts of fees and other charges, the eligibility criteria for membership, and any part of the Services are subject to change. We will give you notice of such changes, either by email sent to the address you have provided or by a posting a notice and revised version of this Agreement on our website. Any changes will be effective and binding on the earlier of the effective date given in the notice as posted on our website or emailed to you. Your continued use of the Services will constitute acceptance of any amended terms and conditions in the Agreement.
Definitions
- “Agreement” means this EVE Car Member Agreement, including the Rules of Vehicle Use, the Rate Schedule, the Privacy Policy and any other schedules and policies referred to in this Agreement. The schedules and policies are an integral part of the Agreement
- “EV Service Provider” means Electric Vehicle Network Inc., or such other entity as may be designated by EVE Car from time to time
- “EVE Car” or “we” means EVE Car Inc.
- “EVE Car Program” means the electric vehicle sharing program at EVE Park that is provided by or on behalf of EVE Car to Members.
- “EVE Park” means the net-zero community and residential real estate development in London, Ontario developed by EVEPark London LP.
- “Member” or “you” means the person identified on the application for membership as Member, once such person’s membership has been confirmed by EVE Car.
- “Payment Card” means a valid credit card or debit card in your name that is acceptable to EVE Car and used for making all payments due by you under this Agreement.
- “Privacy Policy” means EVE Car’s privacy policy available at https://evecar.ca/privacy and the EV Service Provider's privacy available at https://evnet.ca/privacy-policy/.
- “Rate Schedule” means the schedule of fees and charges for the EVE Car Program available at https://evecar.ca/rates.
- “Rental App” means the mobile application that provides you access to Vehicles in the EVE Car Program.
- “Rules of Vehicle Use” means the rules regarding the Member’s use of the Vehicles available at https://evecar.ca/rules-of-use.
- “Services” means the mobility, car sharing and rental services in respect of use of the Vehicles and related services available pursuant to the EVE Car Program, including access to and use of the Rental App.
- “Vehicle” means an electric motor vehicle or electric motor bike made available by EVE Car for use by Members in connection with the EVE Car Program.
- “Vehicle Rental Agreement” means the terms and conditions for the use and rental of Vehicles as set forth in the Rental App.
Membership Application and Eligibility
- Application. To become a Member, you must submit an application for membership, together with all information and documents requested in the application, including your driving record. You can apply online at www.evecar.ca/apply.
- Eligibility Criteria. To become a Member and remain eligible for membership, you must be an owner or resident of a condominium unit at EVE Park, and also meet and maintain the following eligibility criteria:
- Be at least 25 years of age
- Have a valid class G driver’s license in Ontario (excluding G1 and G2 learner’s permits or restricted licenses);
- Have no major infraction on your driving record in the past 2 years (including any conviction worth ≥ 5 Commercial Vehicle Operator’s Registration (“CVOR”) points or an equivalent conviction in another jurisdiction);
- Have no more than 3 minor infractions on your driving record in the past 2 years (including any conviction worth < 5 CVOR points or an equivalent conviction in another jurisdiction); and
- Have motor vehicle insurance coverage if and as required by Section 6.1.
- Acceptance of Application. We will review your application and determine the outcome. You understand that submitting a membership application and satisfying the eligibility criteria set forth above does not give you the automatic right to become a Member, and that we have the right to reject your application for membership at our sole discretion.
- Multiple Accounts Not Permitted. No person is permitted to create or maintain more than one account on the Rental App. Once you have registered on the Rental App, you may not register any additional accounts on the Rental App. If, for any reason, your membership application was declined or terminated, you should not attempt to set up a new account. You should contact us at member support by email and provide your initial registration information or old EVE Car member number, together with any new or outstanding information that you would like us to consider as part of your membership application. If we approve your EVE Car membership, your previous registration can be activated.
- Credit/Debit Card. You must have a valid credit card or debit card on your profile as the method of payment. Credit cards and debit cards will be tested by our software provider for validity prior to activating your account. Credit cards or debit cards must remain valid otherwise we may suspend your account.
- Driving Records. Your eligibility for membership and your right to use the Services will be subject to a check of your driving record in Ontario. This check is performed upon receipt of your application for membership and we shall have the right to perform such check from time to time thereafter as we deem appropriate, while you are a Member. If you have an international driver’s license, you must obtain a driver’s abstract from your home country, which must show at least the three most recent years of your driving history, and submit it along with your application for membership. If any of these documents is not in English, you must provide a certified English language translation. If we are unable to obtain or do not receive your driving record within ten days of your submission of an application for membership, we may decide, in our sole discretion, not to take further steps in evaluating your membership application. Even if you are approved for membership, we may at any time impose restrictions on your use of the Services based on your driving history. Any discrepancies discovered in your driving records may result in the termination of your membership.
- Insurance Verification. Your eligibility for membership and your right to use the Services will be subject to verification that your have the motor vehicle insurance coverage as required by this Agreement.
- Credit Check; Consent. Your eligibility for membership and your right to use the Services may also be subject to a credit check, from an accredited credit reporting agency in Ontario. We may perform this check upon receipt of your application for membership and shall have the right to perform such check from time to time thereafter as we deem appropriate, while you are a Member. Any discrepancies discovered in your credit check could result in the termination of your membership. You hereby consent to this credit check and our collection, use and disclosure of your personal information as required for conducting such credit check. If you wish to refuse this consent, you must do so by notifying us at the time of submitting your application for membership. You also may revoke this consent at any time by notifying us in writing. Any refusal or revocation may result in the rejection of your application or the termination of your membership, in our sole discretion.
Fees and Payment
- Membership Fees. You must pay the fees as set out in the Rate Schedule. The initial membership fees will be charged to your Payment Card upon our receipt of your membership application, and thereafter the annual membership fee will be charged to your Payment Card on each anniversary. These fees will be payable and charged regardless of whether you install the Rental App or activate any membership cards. If you terminate your membership within 30 days of membership approval, or if we reject your membership application, we will fully refund the initial membership fee to you. Otherwise, the membership fees are not refundable, whether or not your membership application is approved or your membership is terminated, except as otherwise provided in Section 9.3.
- Vehicle Rental Fees. You must pay the applicable rental fee for the use of any Vehicles. The current rental fees and an explanation of how rental fees are calculated are set forth in the Rate Schedule.
- Other Fees and Charges. In addition to the application, membership and rental fees, you are required to pay the other fees and charges related to your use of the Services as set forth in the Rate Schedule, including a damage fee, parking and towing charges, and a loss of vehicle use charge if any Vehicle is unavailable for a period of time as a result of your breach of this Agreement or the Vehicle Rental Agreement You also are required to pay: (i) all applicable taxes relating to your membership and use of the Services (including HST); (ii) all costs to charge the Vehicle at sites other than EVE Park during your rental period; (iii) any traffic and parking fines during your rental period while using the Vehicle; (iv) all fees and expenses incurred by us to enforce any right, term or condition of this Agreement against you, including attorney’s fees or for collection of any fees and other charges.
- Billing and Payment. You will be billed for all fees and other charges, plus applicable taxes, by email to the address provided by you. You hereby authorize us, and the EV Car Provider, to charge all amounts that you owe under this Agreement to the Payment Card. You also hereby authorize the EV Service Provider to reserve against your Payment Card a reasonable amount for the rental fees at the time of your reservation of a Vehicle and to use that reserve to pay any amounts owed for rental fees. You are responsible for providing and maintaining current and accurate account information, including Payment Card number and expiration date, email address, mobile phone number and mailing address. You also are responsible for ensuring that there are sufficient funds available via the Payment Card at all times to cover any amounts that are owed under this Agreement. You will be solely responsible for all fees charged by your bank or Payment Card company for use ofn the Payment Card to pay fees owed under this Agreement.
Use of Vehicles
- Rental App. You must download and use the Rental App in order to use any Vehicle. In addition to your acceptance of the Vehicle Rental Agreement, you must comply with any applicable terms of service regarding your use of the Rental App.
- EV Service Provider and Vehicle Rental Agreement. You acknowledge that the Vehicles are provided for use in connection with the EVE Car Program exclusively by the EV Service Provider, and that your rental of any Vehicle will be governed by the terms and conditions of the Vehicle Rental Agreement. In the event of any conflict between the terms and conditions of this Agreement and the Vehicle Rental Agreement, the terms and conditions of the Vehicle Rental Agreement will prevail.
- Reservations. You may only use a Vehicle by reserving it through the Rental App and to the extent that your selected Vehicle is available for use. You acknowledge that we do not provide any guarantee or assurances that your selected Vehicle, or any Vehicle, will be available at your desired times.
- General Terms of Use. You may only use a Vehicle strictly in accordance with the terms and conditions of this Agreement, the Vehicle Rental Agreement, and the Rules of Vehicle Use. Without limiting the foregoing, you must inspect the Vehicle and report any damage before initiating any use, and if you believe the Vehicle may be unsafe for driving, you must stop operating the Vehicle and notify the EV Service Provider immediately.
- Accidents. You must exercise caution and care at all times while operating the Vehicle. You must report any accident, regardless of circumstance or degree of seriousness, immediately to the EV Service Provider and follow the procedures set forth in the Rules of Vehicle Use. You shall fully cooperate with the EV Service Provider and us, and our insurer or claims handler, in the investigation and resolution of any claims arising from your use or during your rental of the Vehicle. Without limitation, the foregoing may include obtaining a current driving record to verify that you continue to meet the eligibility criteria. You acknowledge that any failure to immediately report any accident, to follow the specified procedures, or to cooperate in any investigation and resolution may result in you being liable for additional charges and/or termination of your membership in the EVE Car Program.
- Violation of Rules of Vehicle Use. Any violation by you of the Rules of Vehicle Use shall constitute a breach of this Agreement and the Vehicle Rental Agreement. EVE Car or the EV Service Provider may immediately terminate your right to use any Vehicle and/or terminate or suspend your membership, by giving you notice. In such event, you shall immediately return the Vehicle to such location as specified by EVE Car or the EV Service Provider. If you continue to use or operate the Vehicle after your right to do so is terminated, or fail to return the Vehicle to the location as required, EVE Car and the EV Service Provider may notify law enforcement authorities and report the Vehicle as stolen. You hereby release and discharge EVE Car and the EV Service Provider from, and agrees to indemnify, defend and hold EVE Car and the EV Service Provider harmless against, any claim, liability, loss or damage arising from such violation of the Rules of Vehicle Use, continued use or operation of the Vehicle after termination of your right to do so, and any repossession of the Vehicle.
Insurance
- Loss and Damage to Vehicle. You are responsible for the safe operation of, and for any and all losses and damages to or affecting, the Vehicle during your rental period. Please refer to the Vehicle Rental Agreement for terms and conditions applicable to loss and damage to Vehicles.
- Member’s Responsibility. You are required to have third-party liability coverage under your own insurance policy, that covers rented vehicles, in amounts that are acceptable to us.
- Third-Party Liability. The EV Service Provider will provide liability insurance coverage for third-party bodily injury and property damage arising out of your use of the Vehicle for which you may be legally liable as required by law. The current amounts of such coverage have an aggregate limit of $2,000,000 per incident. Any such coverage provided by the EV Service Provider will be secondary to the third-party liability coverage under your own insurance policy to the extent allowable by law.
- Limits on Liability Protection. We make no representation or warranty as to the adequacy of the coverage amounts of the third-party liability protection provided by the EV Service Provider and we assume no responsibility for the actions of the insurer who handles any claim involving you. You should consider consulting with your own insurance advisor about the adequacy of your insurance coverage. If you fail to comply with the terms and conditions of this Agreement, you may be responsible for the full amount of losses and damages arising out of the accident or incident. The third-party liability protection provided by the EV Service Provider does not provide coverage for losses or damages to, or theft of, the Vehicle or the contents thereof. To the extent permitted by law, you hereby waive and acknowledge the exclusion of coverage for uninsured motorist, underinsured motorist, wage loss benefits, death benefits or any other optional coverage.
Disclaimers and Limitations on Liability
- Disclaimer of Warranties. YOUR USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS ABOUT THE SERVICES, INCLUDING THE USE OR OPERATION OF THE VEHICLES OR WITH RESPECT TO THE RENTAL APP OR RELATED SERVICES. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO (I) THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) THE WARRANTIES AGAINST INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS OF ANY PERSON OR ENTITY; (Ill) WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE IN TRADE; AND (IV) THE WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA OR CONTENT MADE AVAILABLE IN CONNECTION WITH THE SERVICES. WE MAKE NO WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY, OR IMPLIED, THAT THE SERVICES WILL BE TIMELY, SECURE, ACCURATE, ERROR-FREE, COMPLETE, UP-TO-DATE, OR UNINTERRUPTED. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED OR STATUTORY WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitation of Remedy. If a Vehicle has any mechanical or other failure not caused by you and we or the EV Service Provider are liable under applicable law for such failure, then our and the EV Service Provider’s sole liability to you, and your sole remedy, for such failure is limited to the substitution of another, similar Vehicle for your use and to your recovery of the pro rata rental fee for the period in which you did not have use of the Vehicle or a substitute Vehicle.
- Exclusion of Liabilities. UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION NEGLIGENCE, WILL WE OR ANY PARTY INVOLVED IN OPERATING, CREATING, PRODUCING, OR DELIVERING THE SERVICES BE LIABLE FOR ANY CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, INCLUDING LOSS OF PROFIT, ARISING FROM OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION USE OF A VEHICLE OR OTHER PROPERTY OFFERED IN CONNECTION WITH THE EVE CAR PROGRAM OR USE OF THE RENTAL APP, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY CLAIM AGAINST US SHALL BE LIMITED TO THE AMOUNT YOU PAID, IF ANY, FOR USE OF THE SERVICES.
Indemnification
- Indemnification by Member. You shall defend, indemnify and hold harmless EVE Car, the EV Service Provider, and their affiliates and directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from all losses, liabilities, damages, injuries, claims, demands, costs, attorney’s fees and other expenses relating to or arising out of: (i) your membership in the EVE Car Program; (ii) your use of the Services; (iii) your failure to comply with this Agreement, the Vehicle Rental Agreement or any applicable laws or regulations in connection with the Services; (iv) your negligence, willful misconduct, or violations of the rights of any person in connection with the Services; or (v) any of your dealings or transactions with other persons resulting from use of the Services. You shall not settle any such claim without our prior written consent. These obligations will survive any termination of this Agreement.
Term and Termination
- Term. The term of this Agreement will begin upon the approval of your membership application and the payment by you of the initial membership fee, and shall continue until such time as your membership in the EVE Car Program is terminated or cancelled in accordance with this Section 9.
- Termination by Member. You may terminate your membership in the EVE Car Program at any time by providing written notice to us. You must return any membership cards in order to fully deactivate your account and avoid incurring any additional membership or other fees.
- Termination by EVE Car Without Cause. We may terminate your membership in the EVE Car Program at any time and for any reason upon 15 days’ written notice, in which case we will refund a prorated portion of your initial or annual membership fee, as applicable.
- Termination or Suspension by EVE Car For Cause. We may immediately terminate or suspend your membership in the EVE Car Program at any time if you: (i) fail to pay any fees or other charges when due; (ii) no longer meet the eligibility requirements for membership, or have provided false or misleading information regarding your eligibility, at any time; or (iii) otherwise fail to comply with any term or condition of this Agreement. No membership or other fee will be refunded in the event of termination or suspension pursuant to this Section 9.4.
- Rights and Liabilities upon Suspension. Upon any suspension of your membership pursuant to Section 9.4, you will not be able to reserve or use any Vehicle. We may reinstate your membership if we are satisfied, in our sole discretion, that the reason for the suspension no longer exists and that reinstatement is appropriate. You are responsible for providing any information that we request in order to determine whether the reason for suspension no longer exists. In the event of a suspension, we also may decide to terminate, and not reinstate, your membership in the EVE Car Program.
- Rights and Liabilities upon Termination. Upon termination of your membership, this Agreement and all of your rights to use the Services shall immediately terminate. In such event, you must immediately return any Vehicle or other property relating to the EVE Car Program in your possession, including any membership cards, and shall remain responsible after the date of termination for any fees or other charges incurred prior to termination of this Agreement or for enforcing the terms of this Agreement.
Privacy
- Privacy Policy. By using the Services, you acknowledge that you have reviewed and understand the Privacy Policy and consent to the practices with respect to the collection, use and disclosure of information as described therein.
- Communications with Member. You understand that your telephone calls and email correspondence with us, the EV Service Provider and any other third party service providers may be recorded or monitored. By agreeing to use these methods of communication, you are consenting to the recording or monitoring of these communications.
- Disclosure of Information to Third Parties. Without limiting the Privacy Policy, you hereby authorize us and the EV Service Provider to provide information obtained about you, including but not limited to your name, address and driver’s license information, to applicable authorities, where required by law, and to applicable authorities or other third parties, in connection with the enforcement of this Agreement or the Vehicle Rental Agreement.
- Telematics Notice and Release. The Vehicles may be equipped with a global positioning system (GPS) device or other telematics system. The Vehicles also may be equipped with an Event Data Recorder (EDR) installed by the manufacturer for the purpose of recording data about the operation of each Vehicle. You acknowledge that such systems utilize cellular telephone and/or radio signals to transmit data and communication and, therefore, privacy cannot be guaranteed. You authorize the use or disclosures of, or access to, call location information concerning you or the Vehicle, automatic crash notification to any person for use in the operation of an automatic crash notification system, and use of the Vehicle location system. You acknowledge the telematics notice provided herein and consent to EVE Car, the EV Service Provider or their representatives retrieving and using such data from the EDR, GPS or other such telematics on the Vehicle. You hereby release us and the EV Service Provider, and their respective affiliates and directors, officers, employees, shareholders, agents, attorneys, successors and assigns, from any claim or damage (including incidental and/or consequential damages) to you and any other persons or property caused by failure of the telematics system to operate properly. For additional limitations concerning warranty, privacy and performance of the telematics system in the Vehicle, you should contact the telematics provider. The Vehicles also may record certain driving activities or actions, locations traveled and mileage driven as well as other Vehicle data. You acknowledge that such data may be recorded and that we and the EV Service Provider shall be entitled to access and use the same.
Dispute Resolution
- Arbitration. You agree that any and all disputes, claims, and causes of action arising out of or connected with this Agreement or the Services shall be referred to and finally resolved by binding arbitration. The arbitration shall be commenced and conducted before the Canadian Arbitration Association, pursuant to the general Canadian Arbitration Association Rules for Arbitration. The place of arbitration shall be London, Ontario. The language of the arbitration shall be English. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Ontario). Either party may serve notice of its desire to refer a dispute to arbitration. The arbitration shall be conducted by a single arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability or enforceability of this arbitration provision. In order to make the arbitration hearing fair, expeditious and cost-effective, discovery by both parties shall be limited to requests for production of documents material to the claims or defenses in the arbitration. All expenses of the arbitration, including the arbitrator’s fee, will be shared equally by the parties. Each party shall pay its own attorney and witness fees, provided that the arbitrator may award attorneys’ fees and costs in an amount authorized by law to a prevailing party related to any claim or contention of a non-prevailing party that the arbitrator determines was frivolous or wholly without merit. Any decision or award of the arbitrator will be final and binding on each of the parties, and no appeal shall lie therefrom. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
- Waiver of Class Action. EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER PARTY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
- Limitation on Claims. To the maximum extent permitted by applicable law, you permanently and irrevocably waive the right to bring any claim against us in any forum unless you provide us with written notice of the event or facts giving rise to such claim within one year of their occurrence.
Miscellaneous
- Notices. Any notices required to be given by us to you shall be provided to the most recent email address that you have provided to us in connection with your membership. Any notices required to be given by you to us shall be addressed as follows:
EVE Car Inc.
1441 King Street North, 3rd Floor
St. Jacobs, ON N0B 2N0
email: membersupport@evecar.ca
- Severability. If any provision of this Agreement is determined to be invalid or otherwise unenforceable, all remaining provisions shall continue in full force and effect. It shall be conclusively presumed that the parties would have entered into the remainder of this Agreement without such invalid provision.
- Governing Law. This Agreement is governed by the laws of the Province of Ontario without regard to its conflict of law principles.
- No Waiver. No delay or omission by us to exercise any right or power under this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by us of any covenant or condition to be performed by you or any breach thereof shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant or condition in this Agreement.
- Assignment. The rights granted to you under this Agreement are personal and not not assignable or transferable, in whole or in part. Any attempt by you to transfer this Agreement or any rights hereunder without the prior written consent of Eve Car shall be void and of no force and effect. We may assign this Agreement without your the consent.
- Entire Agreement. This Agreement, together with the Vehicle Rental Agreement, constitutes the entire agreement between the parties hereto with respect to the car sharing program at EVE Park.
- Headings. The headings of sections in this Agreement are for convenience only and will not affect their meaning or interpretation.
Version: 1
Effective Date: November 1, 2023