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Introduction

Evoto Inc. owns and operates this Website. This document governs your relationship with Evoto Inc. and www.evoto.ca. Access to and use of this Website and the products and services available through this Website (collectively, the “Services”) are subject to the following terms, conditions and notices (the “Terms of Service”). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.

This Website may contain links to other websites (the “Linked Sites”), which are not operated by Evoto Inc. Evoto Inc. has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Evoto Inc.’s use of cookies in accordance with the terms of Evoto Inc.’s privacy policy/ cookies policy.

Privacy Policy

Our privacy policy, which sets out how we will use your information, can be found at www.evoto.ca/privacy. By using this Website, you consent to the processing described therein and warrant that all data provided by you is accurate.

Prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and Your Online Store URL will report any such breach to the relevant law enforcement authorities and disclose your identity to them.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

License to use website

Unless otherwise stated, Evoto Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed within your organization.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this website without Evoto Inc.s express written consent. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without Evoto Inc.’s express written consent.

Restricted access

Access to certain areas of this website is restricted. Evoto Inc. reserves the right to restrict access to other areas of this website, or indeed this entire website, at Evoto Inc.’s discretion.

If Evoto Inc. provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Evoto Inc. may disable your user ID and password in Evoto Inc.’s sole discretion without notice or explanation.

User content

In these terms and conditions, your user content means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Evoto Inc. a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Evoto Inc. the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Evoto Inc. or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or another similar complaint.

Evoto Inc. reserves the right to edit or remove any material submitted to this website, or stored on Evoto Inc.s servers, or hosted or published upon this website.

Notwithstanding Evoto Inc.s rights under these terms and conditions in relation to user content, Evoto Inc. does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

Intellectual Property, Software, and Content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of Evoto Inc. or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by Evoto Inc and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

Terms of Sale

By placing an order, you are offering to purchase or rent a product (i.e. vehicle) on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. In order to contract with Evoto Inc., you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.

Evoto Inc. retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be Evoto Inc. or may in some cases be a third party.

Where a contract is made with a third party Evoto Inc. is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you.

When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate.

ALL PRICES ADVERTISED ARE SUBJECT TO SUCH CHANGES

(a) Our Contract: When you place an order, you will receive an acknowledgment e-mail confirming receipt of your order: this email will only be an acknowledgment and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the booking is confirmed and the payment is received. Only the product/service listed in the confirmation e-mail sent at the time of payment will be included in the contract formed.

(b) Pricing and Availability: Whilst we try and ensure that all details, descriptions, and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or canceling it. If we are unable to contact you, we will treat the order as canceled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.

(c) Payment: Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction and the security deposit. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to rent/purchase. Once the booking is processed and you have been sent a confirmation email, the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

(d) Deposit Policy: During payment when you book your vehicle, you will be asked to leave a deposit for your rental. The deposit amount will be authorized on your credit card but not debited from your account. The deposit is intended to cover additional rental costs and minor damage costs. The deposit amount will be a minimum of 2,000 CAD and varies based on your risk evaluation. You will have the option to put both rental price and deposit on the same card or on different cards as long as you are authorized to use both cards. In both cases, the rental price will be debited upon booking, and the deposit amount will be authorized on your credit card upon booking.

(e) Means of payment:

A. Payment: Payment will be made at the time of booking. The full rental price including any taxes and other fees will be charged upon confirmation of the booking online. The deposit amount will be authorized on the card and released after the agreement is completed and the vehicle is returned to Evoto unless any unpaid amounts have to be charged.

B. Means of payment: Payments can be made using the following means of payment: Credit card(s): Credit cards usually accepted within Evoto Inc. are “American Express”, “Diners Club”, “MasterCard” and “Visa”. Warning: Please note that payment using credit(s) card(s) is (are) accepted in accordance with the limits authorized by your credit card issuer. The credit card holder must be identified as the renter (the “Main driver” to be mentioned in the rental agreement).

Such person must present his/her credit card (identified with the same name) at the time of check out. Other Methods: Online payment services, Apple Pay, and PayPal are also accepted methods of payment. Cash/cheque: Payments in cash or by cheque are not accepted.

No warranties

This website is provided as is without any representations or warranties, express or implied. Evoto Inc. makes no representations or warranties in relation to this website or the information and materials provided on this website. Without prejudice to the generality of the foregoing paragraph, Evoto Inc. does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes or is meant to constitute, the advice of any kind. If you require advice in relation to any legal, financial or medical matter, you should consult an appropriate professional.

Limitations of liability

Evoto Inc. will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or
  • loss or corruption of information or data.

These limitations of liability apply even if Evoto Inc. has been expressly advised of the potential loss.

IN NO EVENT SHALL EVOTO INC, ITS RELATED COMPANIES, AND EACH SUCH COMPANY’S DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THE SITE OR MOBILE APP, ANY INFORMATION PROVIDED BY THE SITE OR MOBILE APP OR ANY TRANSACTION ENTERED INTO THROUGH THE SITE OR MOBILE APP.

Some jurisdictions do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent permitted by applicable law

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit, and nothing in this website disclaimer will exclude or limit Evoto Inc.’s liability in respect of any:

  • death or personal injury caused by Evoto Inc.’s negligence;
  • fraud or fraudulent misrepresentation on the part of Evoto Inc.; or
  • matter which it would be illegal or unlawful for Evoto Inc. to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Evoto Inc. has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Evoto Inc.’s officers or employees in respect of any losses you suffer in connection with the website. Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Evoto Inc.’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Evoto Inc.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Evoto Inc. and undertake to keep Evoto Inc. indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Evoto Inc. to a third party in settlement of a claim or dispute on the advice of Evoto Inc.’s legal advisers) incurred or suffered by Evoto Inc. arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

You agree to indemnify and hold Evoto Inc and its related companies and each of their respective directors, officers, employees and agents harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and costs, arising, directly or indirectly, in whole or in part, out of your violation of any law or the rights of any person

Binding Arbitration

You agree that any controversy or claim arising out of or relating to the Site or Mobile App or use of the Site or Mobile App or these Terms, other than claims relating to infringement of copyright or other intellectual property, may only be settled by binding arbitration in accordance with the Paragraph or alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.

The arbitration must be held in a location determined by the arbitrator (maximum 1 arbitrator) as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator must be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply the laws of Quebec ‎& the applicable laws of Canada consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. Length of arbitration will be limited to 45 days & number of arbitrators limited to 1 arbitrator.

THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH MUST BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

Breaches of these terms and conditions

Without prejudice to Evoto Inc.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Evoto Inc. may take such action as Evoto Inc. deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Evoto Inc. may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Evoto Inc. may transfer, sub-contract or otherwise deal with Evoto Inc.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions, together with the Privacy Policy, constitute the entire agreement between you and Evoto Inc. in relation to your use of this website and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Canada, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of Quebec.