Evolve Auto Membership Terms and Conditions

Evolve Auto (collectively, “EA”) is an Automobile Repair Service Provider located in Markham and Toronto Ontario. Evolve Auto is operated under an Ontario known as Evolve Vehicle Services Inc.

I. APPLYING FOR EA MEMBERSHIP

A) An applicant can register to become a member of EA by visiting the Markham location at 185 Bullock Drive, Unit 10 or through online.

1. As part of the registration process, EA or a third-party partner will validate personal information provided by the applicant. By providing this information to EA, applicant certifies that such information is true and correct.

2. An applicant must provide payment information that enables EA to charge an authorized payment card directly for EA’s membership fee, if applicable, and other amounts that may become payable by the Member to EA.

3. Members will provide EA with a valid driver’s license and vehicle ownership upon any reasonable request by EA for such proof.

4. Members are required to keep their personal information provided to EA up to- date in all respects and at all times. EA may validate such updated information as part of the registration process or to verify continued eligibility for membership with EA. This validation may happen at any time during the application process or membership without the need or requirement for EA
to notify the member.

5. EA will in no way be responsible or liable for any fines, damages, penalties, or any other costs or liabilities resulting from Members failing to provide EA with up-to-date personal information.

B) GIFT Card Option – any individual also has the option to purchase an unassociated gift membership card. This membership card will need to activated by the donee of the membership card by providing the information required in the above sections.

II. EA PRIVILEGES

A) Oil Services

1. Members receive up to 4 complimentary Oil Change Service with Motul Synthetic engine Oil and OEM Oil Filter. Members may pay an additional $200.00+HST for an additional 4 Oil Change Services only. Other membership services remain the same.

B) Inspection and Tire

1. Members receive up to 4 full vehicle inspection throughout the year which include alignment check.

2. Members receive complimentary tire swaps based on availability.

C). Parts Discount and Cashback

1. Members receive preferential pricing in purchasing performance parts and tires through EA. This pricing is based on EA” s wholesale price which will be provided to the member on request.

2. Members receive 1% cash back based on a calendar year system for all purchases/repairs completed at EA.

D). Repair Services

1. Members may receive up to 10% discount from the overall repair and parts invoice subject to EA’s approval.

III. MEMBERSHIP ACCESS

1. All memberships are 1 year (365 days) only – commencing from the date of activation.

2. Certain benefits are transferable based on the registered location of the membership holder.
- Upon registration, Driver License of the applicant is provided to EA. At this time, the residence location is confirmed by the applicant.
- EA has the right to provide services only to vehicles under ownership of individuals residing at the same address.
- The physical card must be presented to the staff of EA to be used.
- Lost cards can be replaced if the member can provide confirmation documentation such as Driver License, or ownership.

IV. PRICES AND PAYMENTS IN DEFAULT

The Member agrees to pay EA a registration fee, if applicable, plus applicable taxes, payable in full upon confirmation of his or her membership. Fees for Membership are located in the Pricing Information Sheet to be provided by the Staff of EA.

Payments shall be made by a valid payment card that belongs to the Member or that a Member has consent to use The Member account from which the amount is to be collected shall have sufficient funds available to cover any charges. The Member is solely responsible for any associated payment card charges or fees.

V. SUSPENSION AND TERMINATION OF EA MEMBERSHIP

EA or the Member may suspend or terminate the Member’s membership at any time. Notwithstanding any suspension or termination, the Member will remain responsible for all charges, including account balances, registration fees, outstanding parts ordered and any damages and penalties incurred related to any use of EA properties on or prior to the date of suspension or termination. Members will only be able to obtain refunds for membership and registration fees pursuant to their rights under applicable consumer protection legislation or pursuant to EA’s discretion.

VI. General terms and conditions

Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario.
Conflicts. In the event of any conflict between these Terms and Conditions and any other document with respect to the EA’s membership program these Terms and Conditions shall govern except as otherwise set forth in writing by an authorized EA representative

Limitations of Liability and No Third-Party Beneficiaries.

These Terms and Conditions are intended for the benefit of the Member and EA. No other third party may claim any rights under these Terms and Conditions, whether as a third-party beneficiary or otherwise.

UNDER NO CIRCUMSTANCES WILL EA BE LIABLE TO ANY MEMBER OR ANY THIRD-PARTY FOR INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING FROM OR RELATED TO THESE TERMS AND CONDITIONS, THE USE OF EA’S SERVICES

Warranty. EA hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to any warranties of merchant ability, title, non-infringement, and fitness for a particular purpose. Members acknowledge and agree that the entire risk arising out of Members’ use of the services offered by EA remains solely with Members, to the maximum extent permitted by law.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

No Waiver. Acceptance by EA of any default or failure by the Member concerning these Terms and Conditions shall not affect or alter EA’s rights in regard to any subsequent failure, whether of the same or of a different nature. If either party should waive, neglect, or delay the exercise of a right or recourse provided by these Terms and Conditions, this shall never be interpreted against said party as a renunciation of its rights and recourses, as long as the conventionally or legally prescribed time for exercising such a right or recourse has not expired.

Severability. Each provision of these Terms and Conditions is distinct and separate. Therefore, any decision by a court under which any of the provisions contained in these Terms and Conditions are declared null, invalid, or unenforceable shall in no way affect the validity, nature, or enforceability of any other provision.

Number. Where required by the context, the singular includes the plural and vice versa and, in those cases, the rest of the sentence or sentences concerned shall be interpreted as though the required grammatical or terminological changes had been made.

Modifications of Terms and Conditions. The current version of these Terms and Conditions is available at http://evolveauto.ca/. EA reserves the right to amend, supplement, or replace these Terms and Conditions and shall give notice of such changes as required by applicable law. Notice to the Member shall be considered given when such notice is indicated and accessible from the first page accessed after the Member log-on to the EA website, or receives an email to the Member’s email address. The Member agrees that all modifications shall be effective and binding on the effective date indicated in the notice, which at a minimum should be 30 days following the notice.

To the extent permitted by applicable law, by making a reservation or starting a Trip after receiving notice of any modifications to the Terms and Conditions, Member assents to and will be bound by such changes to the Terms and Conditions. The Member has the option of terminating its membership with EA if they do not wish to accept any modification to the Terms and Conditions.

Notwithstanding the foregoing, for EA services provided to the Member in the Province of Québec:

1. The Member acknowledges and agrees that any and all of the elements of these Terms and Conditions may be amended unilaterally.

2. EA must send to the Member, at least 30 days before the amendment comes into force, a written notice drawn up clearly and legibly, setting out the new clause(s) only, or the amended clause(s) and the clause(s) as it or they read formerly, the date of the coming into force of the amendment and the rights of the Member set forth in subparagraph (iii) below; and

3. The Member may refuse such amendment and cancel its membership with EA without cost, penalty, cancellation indemnity or further obligation by sending EA a notice to that effect no later than 30 days after the amendment comes into force, to the extent that the amendment entails an increase in the Member’s obligations or a reduction in EA’s obligations.

4. Notice to the Member shall be considered given when such notice is indicated and accessible from the first page accessed after the Member logs on to the EA website, or receives an email to the Member’s email address. The Member agrees that all modifications shall be effective and binding after 30 days following the date on which the notice is given.

Entire and Integrated Agreement. These Terms and Conditions, as modified from time to time, will become a binding agreement upon acceptance by the Member


Notice to EA. Except as otherwise required herein, notice required to be given by the Member to EA shall be provided in writing. Such notices shall be given (1) by delivery in person; (2) by a nationally recognized next day courier service; or (3) by registered or certified mail, postage prepaid. Such notices so given shall be effective upon receipt by EA at the following address: 185 Bullock Dr.Unit 10 Markham, ON L3P 7R4 or (4) by email at [email protected]