Evolve Member Agreement

Last updated: August 2, 2023

IMPORTANT - PLEASE READ CAREFULLY

Please read this Agreement carefully prior to registration or making use of any Evolve E-Bike. It explains your rights and duties as an Evolve member.

By either making use of any Evolve E-Bike under your membership in the Evo Car-Sharing Program (the “Evo Program”), pursuant to the terms and conditions of the Evo Membership Agreement (found here), or by submitting your registration for Evolve membership you agree to abide by this Evolve member agreement (this “Agreement”), including but not limited to, the waivers, releases and limitations of liability set forth herein, and you understand and accept that by doing so you give up certain legal rights. You also confirm that the information you provided in your registration is complete and accurate and that you meet the eligibility criteria to become an Evolve member (see the "Eligibility Criteria" section below). If you do not agree with all of the terms and conditions of use set forth in this Agreement, you are not permitted to rent or use an e-bike from us or our affiliates.

You further understand that we may, in our sole discretion, reject your application for Evolve membership or terminate your existing membership, whether or not you meet the eligibility criteria and without any obligation to provide any reason or justification therefor. You also understand that we may change the eligibility criteria for Evolve membership or any part of the Evolve E-Bike-sharing program or change this Evolve Member Agreement at any time.

YOU MAY CANCEL YOUR EVOLVE MEMBERSHIP AT ANY TIME BY NOTICE TO US IN WRITING. FEES AND OTHER CHARGES ARE NOT REFUNDABLE EXCEPT WHERE REQUIRED BY LAW.

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Your Evolve Member Agreement

What your Evolve Member Agreement Covers

This is the Evolve Member Agreement, which sets out the conditions of Evolve membership and the terms under which you may participate in the Evolve E-Bike-Sharing Program. To the extent that your use of Evolve E-Bikes is made through your membership in the Evo Car-Sharing Program, your use of the Evolve E-Bikes is governed by both the terms of this Agreement and the terms of the Evo Membership Agreement which are available here. Throughout these terms and conditions, we will refer to this Evolve Member Agreement as this "Agreement" or this “Member Agreement”.

The following Documents are part of this Agreement and are attached to it:

A. Rate Schedule

B. Privacy Policy

C. Trip Process and Parking Rules

When this Agreement refers to "you" or "your", it means the person who has applied for Evolve membership by submitting a registration or in any other way that we make available from time to time. When this Agreement refers to "we", "our" or "us", it means B.C.A.A. Holdings Ltd.

This Agreement contains a number of defined terms. These defined terms are initially denoted in quotations and have the specific meanings as provided in this Agreement.

How this Agreement May be Amended

This Agreement is subject to change without notice to you, and all such changes will be effective upon posting to our website at http://evo.ca/evolve, as of the date indicated at the top of this Agreement. By continuing to use Evolve after such date you will be deemed to have accepted any such changes. Nevertheless, we may ask you (but are not required to ask you) to read and confirm your agreement with any changes to this Agreement when you make a reservation, access your member account online, use the user app or other Evolve membership features or services.

How to Become an Evolve Member

To become an “Evolve member” and to use our Evolve E-Bike-Sharing Program, you must:

• either register with us by one of the methods that we make available from time to time or, in certain regions, have an existing Evo Car-Sharing Program membership;
• meet the eligibility criteria to become an Evolve member and to use the e-bikes;
• accept the terms of this Agreement, including our Rate Schedule, Privacy Policy, Trip Process and Parking Rules and any other additional Documents which we may require from time to time;
• be approved by us as an Evolve member; and
• provide an authorized, valid and legitimate payment information.

Registration

If you are an existing Evo Car-Sharing Program member, you may see the option to rent Evolve E-Bikes within the user app in certain regions. By making use of any Evolve E-Bike under your existing Evo membership, you expressly agree to be bound by all of the terms and conditions of this Agreement.

If you are not an existing Evo Car-Sharing Program member, you can register for the Evolve E-Bike-Sharing Program through the user app. During the registration process you will be asked to provide:

• personal information (such as your name, and date of birth);
• contact information;
• valid credit card information; and
• your residential address.

Your contact information must include a valid email address and a valid mobile telephone number. You will need to verify your mobile phone number with a verification code during the registration process.

You must immediately notify us if there are any changes to the contact or credit card information you provided so that we can continue to send you confirmation and keep you updated.

We will use this information, among other things, to determine your eligibility for Evolve membership and the Evolve E-Bike-Sharing Program, to manage your Evolve membership and member account, to provide the Evolve E-Bike-Sharing Program to you, and to bill you for charges related to your use of the Evolve E-Bike-Sharing Program described in our Rate Schedule. For more details on how we use your personal information, please see the "Protecting Your Privacy" section below.

Eligibility Criteria

You must meet and maintain at all times the following eligibility criteria to become and remain an Evolve member and to use our e-bikes and you hereby represent and warrant to us that:

• you are the legal holder of and named on the credit card used to register for your participation in the Evolve E-Bike-Sharing Program, to which charges may be made in accordance with the terms of this Agreement;
• you are at least 18 years of age;
• you are experienced and familiar with the safe and competent operation of the e-bikes, and you are physically and mentally fit to ride an e-bike;
• you are familiar with all applicable laws, regulations, rules, and codes, including but not limited to the requirements set forth in this Agreement, that relate to the safe and legal operation of an e-bike;
• you will only operate the e-bike where and when it is safe to do so;
• you will not permit any other person to ride the e-bike;
• you will not permit any other person to ride using your Evolve E-Bike Share account; and
• you will wear a helmet at all times that you are making use if the e-bike and make sure the helmet fits your head, whether or not the e-bike is in motion.

Conditions for Use

In order to use the Evolve E-Bike-Sharing Program, you acknowledge and agree with the following important conditions:

• you acknowledge that that e-bikes are motorized and as such are generally faster and heavier than a non-powered bicycle and as such, they require additional care and attention to operate;
• you acknowledge that you are solely responsible for all damage to property or other persons arising out of or related to your operation or possession of an e-bike, including but not limited to being liable for property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever;
• you acknowledge that riding an e-bike puts you and others at a risk of accident;
• you agree that when operating the e-bike you will at all times remain aware and exercise due caution with respect to motorists, pedestrians, and road and weather conditions and that you will only operate the e-bike when it is safe to do so and where it is permitted by law;
• by using the Evolve E-Bike-Sharing Program you acknowledge that you are physically capable and have all necessary skill and training to safely operate an e-bike;
• you acknowledge that we are not responsible for training you on how to operate an e-bike;
• you acknowledge that your failure to use a helmet or to use the e-bike in a safe and responsible manner may result in your injury or death and the injury or death of others and that you accept full responsibility for such injury or death;
• while we may provide helmets for your convenience, you acknowledge that you alone are responsible for obtaining and using a helmet in accordance with applicable law and wearing proper clothing and shoes when operating an e-bike;
• you acknowledge that helmets and other safety equipment reduce the risk of injury and death but do not eliminate it entirely;
• you understand that all e-bikes, helmets and other Evolve equipment are and will remain our exclusive property;
• you acknowledge that you are solely responsible for all tickets and fines that you may incur when using the e-bike, including but not limited to any fees for moving violations, parking the e-bike in prohibited locations or for riding without wearing a helmet;
• you acknowledge that we do not provide insurance of any kind regarding your use of the e-bike and are not obligated to do so;
• You acknowledge that you are solely responsible for all damage to property or other persons arising out of or related to your operation or possession of an E-Bike, including but not limited to being liable for property damage, personal injury, injury to others, damages, penalties, fines, losses, and expenses of any kind whatsoever
• you agree that you will always return the e-bike to us in the same condition it was in when you picked it up;
• you acknowledge that you are solely responsible for any and all damages resulting from your improper use of the e-bike, including loss and theft; and
• you acknowledge that additional instructions, warnings and terms of use (“Signs”) may be posted at an E-bike Parking Zone or otherwise be made known to you from time to time and that you are subject to the terms posted on such Signs and that such Signs form an essential part of this Member Agreement.

Membership Approval

You understand that you will not automatically become or remain an Evolve member merely because you satisfy the Evolve eligibility criteria and that we may or may not approve you as an Evolve member, and we may terminate your membership at any time, in our sole discretion, without any obligation to provide any reason or justification.

Evolve Membership

• Becoming an Evolve member does not grant you unlimited rights to participate in the Evolve E-Bike-Sharing Program.
• You may use e-bikes and other membership services or features only in accordance with the most current version of this Agreement, and subject to availability and subject to any other limitations or requirements.
• We may make additional types or classes of Evolve membership available in the future and may inform you if we do so.
• Once we have approved you as an Evolve member, your membership is for an indefinite term, unless it is terminated in accordance with this Agreement or cancelled in accordance with your statutory rights.
• You are not permitted to create or maintain more than one Evolve E-Bike Share account, for any reason.
• If, for any reason, your Evolve membership was declined (for example because you do not meet the eligibility criteria) or terminated, you are not permitted to reapply by setting up a new Evolve member account.
• Your Evolve membership is personal to you and only for your benefit.
• Your Evolve membership cannot be transferred to or shared with any other person. No other person may claim rights under this Agreement other than your successors.
• Moreover, you cannot transfer or assign any or all of your rights under this Agreement.

Your Evolve Account

• You can use the user app to access many of the Evolve features or services through your smartphone, including accessing your Evolve account, locating and reserving e-bikes, and contacting the Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386.
• You will be required to provide an email address as your username and a unique password (in addition to the other required registration information).
• You must keep your password strictly confidential at all times, must not make it available to others and must not allow others to use your username and password to access the user app or Evolve website through your account.
• You agree to access only the authorized sections of the user app, the Evo website and your Evolve account only by using your username and password.
• You agree to take all necessary steps to prevent others from obtaining your username or password and to notify us of any unauthorized access of your Evolve account, the user app, or the Evolve website.
• You will be responsible to pay for all associated costs or damages arising from others using your Evolve account, whether through the user app, the Evolve website, or otherwise, with or without your permission or knowledge, occurring before you notify us of such unauthorized use.
• You also agree that you do not acquire any rights of use or ownership as a result of using your Evolve account, the user app, the Evolve website or any services, features or other parts of the Evolve E-Bike-Sharing Program.
• The Evolve E-Bike-Sharing Program incorporates proprietary content and information and material that is protected by intellectual property and other laws, and you will not use such content, information or material in any way whatsoever except for as may be permitted by us in connection with your use of the Evolve E-Bike-Sharing Program.

Changes in Status

At any time during your Evolve membership, you must immediately let us know if any of the events listed below occur. It does not matter whether these events occur in British Columbia or anywhere else in the world or whether they occur in relation to your use of an e-bike or otherwise:

• if your contact information, including your email address and mobile phone number, changes; or
• if your credit card information changes.

If you do not immediately tell us about any of the above your Evolve membership may be suspended or terminated without notice.

Charges

You will be required to pay certain charges related to your use of an e-bike, replacement costs, administration, account processing or other activities that may arise in connection with your Evolve membership, including, but not limited to, the following:

• the unlock fee;
• returned or rejected payments;
• collection efforts due to non-payment;
• processing of traffic violations, parking violations, relocation costs;
• failure to return e-bikes to an E-bike Parking Zone and any cost of relocation associated with such failure;
• failure to return e-bikes within the maximum use time;
• damage, lost or stolen e-bikes, helmets or other Evolve equipment;
• failure to secure e-bikes;
• unauthorized parking;
• loss of use of e-bikes;
• impound processing fee; and
• excess cleaning and maintenance.

We may amend, replace or supplement these charges at any time.

Our Rate Schedule

A list of our current fees, rates and other charges are set out in our attached Rate Schedule. It is also available online at www.evo.ca/evolve. We will do our best to notify you of any new fees, charges or rates or any increases to our fees, charges or rates, however we are not required to notify you (see the "How this Agreement may be Amended" section above), and such changes are incorporated into this Agreement by reference.

Payment

• We will charge all fees and charges that you have incurred as an Evolve member or in using the Evolve E-Bike-Sharing Program to the credit card you have provided to us.
• You must ensure that the credit card information associated with your Evolve account is always up to date and that there are sufficient funds available to cover any amount you owe to us.
• Fees and charges incurred by you are not refundable except where required by law.
• You are solely responsible for all credit card, banking, service, cellular, data or access fees or charges you incur in relation to any payment to us, insufficient funds or your use of any of the services, features or other parts of the Evolve E-Bike-Sharing Program.
• When reserving an Evolve E-Bike, you authorize us to place a pre-authorization hold in the amount of $5 to the method of payment held on file. The trip will be able to start only after payment pre-authorization by us and booking confirmation. Once the trip is completed or terminated, we will bill the amount due for the trip and release any amounts remaining from the pre-authorization hold, if applicable.

Third Party Payment Processor

We use a third party company to process payments (the “Payment Processor”). In collecting payment, the Payment Processor will process your credit card transactions and collect your personal information. The Payment Processor provides some or all of the services from systems located outside of Canada. As such, your credit card data (“Card Data”) and personal information will be transferred, processed and stored outside of Canada, and may be subject to disclosure as required by applicable law. The Payment Processor may provide us with information such as your name, and Card Data including but not limited to credit card type, expiration date, and the last four digits of your credit card number. This information will only be used to make single payment requests or register you for an ongoing membership plan requiring future automatic payments.

If you object to your personal information being processed and stored in this manner, you cannot use the Evolve E-Bike-Sharing Program. By registering for the Evolve E-Bike-Sharing Program pursuant to this Agreement and providing valid payment information, you expressly consent to our use and disclosure of your personal information in the manner described in this Agreement.

Viewing your Account History

At present, you can access the following information through your Evolve account:

• your account status;
• your rental history;
• your personal profile details;
• your credit card details;
• your account balance, if applicable; and
• the trip fees and charges that you have incurred.

You understand and agree that we have no duty to provide you with rental, billing, payment or other account information or reminders in any other way and that you are responsible for checking, managing and updating your Evolve account, rental, billing and payment information.

Protecting Your Privacy

• We will collect, use and disclose your personal information only in accordance with our Privacy Policy, which is available below and forms an essential part of this Agreement.
• Calls to our Call Centre may be recorded.

Parking Policies and Procedures

• Certain general parking rules are set forth in Schedule C below, but please refer to the parking-related FAQs at http://www.evo.ca/evolve and any additional parking instructions posted at an E-bike Parking Zone or otherwise made known to you, all of which are incorporated into and form a part of this Agreement, for further information and details.
• The list of parking rules set forth in Schedule C is not exhaustive and there are additional rules included in the Parking FAQs and parking instructions that may be posted at an E-bike Parking Zone that are not set forth herein.

Beginning Your Trip

Starting Your Rental Period and Unlocking Your E-Bike

You can rent any available e-bike without prior reservation. Available e-bikes in your vicinity can be located through the user app.

Once you have located an available e-bike, you unlock the e-bike and begin your Rental Period (as such term is defined under “Maximum Rental Period” below) by scanning the QR code or entering the e-bike’s ID number in your user app.

Pre-Trip Check

• Before operating an e-bike, you must familiarize yourself with the e-bike, this Agreement, the Trip Process and Parking Rules and any signs that have been posted at an E-bike Parking Zone or otherwise be made known to you.
• You must complete and abide by the pre-trip checklist, if available to you, within the user app prior to starting your trip.
• You must adjust the seat so that you may safely operate the e-bike.
• Before operating an e-bike you must also carefully inspect the e-bike for any defects, damages, soiling, and any missing, incomplete, defective or inoperative equipment or documentation. In the following, we will refer to any of these issues as “E-bike Damage”.
• You must test the e-bike’s operating components before operating the e-bike, including, but not limited to the brakes, tires, gears, pedals, lights, frame and saddle.
• If you discover any E-bike Damage, you must let us know immediately by contacting our Call Centre or reporting damage using the damage report function in the user app.
• The Call Centre will inform you whether any of E-bike Damage you have reported will prevent you from using the e-bike or will let you know what additional steps you may have to take to properly address the issue.
• If the Call Centre determines that an e-bike can no longer be used, they will assist you in making alternate arrangements.

Failure to Report

You understand and agree that if you do not completely and accurately report to us any E-bike Damage already existing at the beginning of your Rental Period, that damage will be deemed to have occurred during your Rental Period and you must pay us for that damage unless it is established to our satisfaction that E-bike Damage could not have occurred during your Rental Period.

Using an E-bike

Your Duties When Operating an E-bike

You must use the e-bike and its equipment in accordance with all applicable traffic laws, the terms of this Agreement, and the Trip Process and Parking Rules.

Your duties include:

• making sure the cable lock, if provided, is stored in its proper location during e-bike use, and is used to lock the e-bike whenever the e-bike is not in use, including when parked or returned;
• only operating and e-bike when you are physically capable of doing so, including but not limited to such times as you are able to hold the e-bike in an upright position, comfortably and capably maneuver the e-bike while walking or operating the e-bike, or comfortably and confidently stabilize the e-bike during operation and while stopped;
• operating e-bikes safely and with care and as permitted by local weather and environmental conditions;
• securing e-bikes against theft, vandalism or improper use by others using the supplied cable lock, if provided;
• keeping e-bikes clean and tidy by removing your personal belongings from the storage basket before you leave the e-bike;
• always wearing a properly fitting helmet when you are making use of the e-bike, whether or not the e-bike is in motion;
• immediately notifying us, ceasing operation and returning the e-bike if it is not functioning properly; and,
• immediately notifying us and appropriate law enforcement if the e-bike has been stolen.

Some of the things you are NOT permitted to do include:

• operate an e-bike if you are not authorized or qualified by law to do so, including but not limited to without wearing a helmet;
• operate an e-bike while under the influence of alcohol, drug, medicine, or any other intoxicating substance;
• making use of any cell phone or electronic device, including but not limited to, for the purposes of phone calls, text messages, social media, video, music or any other use that bears any potential of distracting you from the safe operation of the e-bike;
• use an e-bike if you are aware that it is not functioning properly or if you reasonably suspect that the e-bike is damaged or is otherwise in need ‎of repair;‎
• use an e-bike to transport flammable, poisonous or other hazardous or dangerous goods;
• use an e-bike during dangerous weather conditions, including but not limited to hail, snow, icy surfaces, fog, smoke, extreme heat, heavy rains, or lightning storms;
• overfill the e-bike basket or transport objects with the e-bike that could (due to their size, shape or weight) adversely impact the e-bike's operation or that could damage the e-bike;
• use an e-bike for any illegal activity, for an illicit or prohibited trade or transportation, to escape or avoid arrest or other similar police action;
• use of an e-bike for any kind of racing, trick riding, jumping, stunt riding and/or, off-road riding;
• allow any other person to use or ride the e-bike;
• use any e-bike if you have any existing physical or mental condition that would prevent you from safely operating the e-bike;
• tow, pull, carry, or push any person or object with an e-bike;
• carry any animals while operating the e-bike, including in the e-bike basket or in a self-provided carrier;
• remove or add any equipment, accessories, or parts from or to an e-bike;
• ride the e-bike without paying any fee or charge at the time such fee or charge becomes due and payable by you in accordance with the terms and conditions hereof;
• use an e-bike in a manner that violates any applicable laws; or
• use an e-bike in any manner that we consider dangerous, careless, improper, abusive or otherwise inappropriate, or as a means of committing any act of violence.

You are personally responsible for all costs associated with returning the e-bike to an E-bike Parking Zone, including, but not limited to, costs associated with e-bike repair, accidents or collisions and relocation services.

Maximum Rental Period

The maximum permitted Rental Period is 24 hours per day. You must end your trip within this maximum ‎time frame, otherwise the vehicle will be considered lost or stolen and you may be charged the ‎fee in accordance with Section (“Lost, Stolen, or Damaged E-bike”)‎. When used in this Agreement, the term “Rental Period” shall refer to the period of time commencing when an e-bike is picked up and ending when the e-bike is returned in accordance with the Terms and conditions hereof.

Making a Stopover

• You can pause your trip at any time without ending your Rental Period.
• While your trip is paused, you will continue to accrue usage fees at the standard per minute rate.
• To do so, use the user app and follow instructions to pause your trip.
• Before temporarily leaving the e-bike, please make sure that the e-bike is safely and legally parked and secured using the provided cable lock if provided.
• You will be responsible to pay for any damage to the e-bikes, helmets or other equipment that is incurred as a result of your failure to properly lock and secure the e-bike during a stopover, including as a result of another person entering the e-bike while it’s unlocked or otherwise unsecure.
• If you end your Rental Period, another Evolve member may rent the e-bike or the e-bike may be placed out of service in the meantime in which case you will no longer be able to use it.
• Ending your Rental Period in lieu of a stopover can cause you to be subjected to parking, re-parking or other fines if the Rental Period is ended while the e-bike is parked in a spot that is unauthorized or a spot in which parking is only permitted for a limited time period, as you may not have the ability to move the e-bike after the end of your Rental Period.
• Upon returning to the e-bike, use the user app to resume your trip.

You are Responsible for Traffic Violations and related Fines and Charges.

As further described below, the following will apply as it pertains to traffic violations and related fines and charges:

• You are solely responsible for the consequences of traffic offences and violations, criminal activities and parking violations (including on privately operated parking facilities) that occur in connection with your rental of an e-bike and you must pay all penalties, fines, relocation costs and other charges arising from these offences, activities or violations.
• When we are required to pay penalties, fines, relocation costs or other charges on your behalf, you agree to promptly reimburse us for the full amount of these penalties, fines, costs or charges plus any additional administrative processing fees as stated in the rate schedule.
• You agree that we may release your name and other relevant information to any governmental agency or court in relation to these offences, activities, violations, penalties, fines or charges.
• To the extent permitted by law, we may elect, in our sole discretion, to settle any claims related to the offences, activities or violations referred to above on your behalf, or to transfer any legal process, responsibility or liability related to such claims to you.

Emergency Assistance and Accidents

• You must immediately report accidents, breakdowns, defects or damages involving your rented e-bike or its equipment to the Call Centre.
• You must provide us with an accurate description of events as well as all necessary information.
• You must follow the instructions provided to you by the Call Centre personnel.
• Unless explicitly authorized by an Evolve representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged e-bike or otherwise alter an e-bike in any way, including, for example, by changing a flat tire.
• If the police attend to the scene of an accident involving your rented e-bike, you must remain at the accident site until the police have finished making a record of the accident and must take reasonable measures to conserve evidence and mitigate any damages.
• After an accident, you may only continue your trip with our explicit permission.
• Unless the e-bike involved in the accident is relocated, you may only park it in an area that is sufficiently supervised and safe.
• We may e-mail you an incident report form in the event of an accident, injury or other incident. You must promptly fill out the incident report form and send the completed incident report form to us by mail or e-mail.

Cleaning and Maintenance

The following will apply as it pertains to cleaning and maintenance related charges and fees:

• If you leave an e-bike dirty or messy you will have to pay for any required cleaning or detailing in accordance with the Rate Schedule.
• Since we generally rely on our Evolve members to keep e-bikes clean, we cannot promise that each e-bike will be clean and tidy and we do not take any responsibility in relation to any objects left in an e-bike storage basket by a previous user.
• Unless explicitly authorized by an Evolve representative, in no circumstances are you permitted to repair, attempt to repair, or authorize any other individual to repair or attempt to repair, a damaged e-bike or otherwise alter an e-bike in any way, including, for example, by changing a flat tire.

Traffic or Parking Violation Fines

You are responsible for paying all fees and fines incurred by ‎you while riding and Evolve E-Bike that may be imposed by any agencies If we are required to ‎pay any fees and fines on your behalf, we will charge the total amount of the fee or fine to you ‎plus an administration fee in accordance with our then current Rate Schedule.‎

Ending Your Trip

Ending Your Trip and Returning your E-bike

When you wish to end your trip and return your rented e-bike, you must:

• park the e-bike lawfully and safely and at all times in accordance with our “Trip Process and Parking Rules” which are attached below as Schedule C and any additional requirements posted an E-bike Parking Zone or otherwise made known to you (the “Parking Rules”);
• ensure that the e-bike is locked in accordance with the Parking Rules;
• ensure that the e-bike is returned in its original condition, except for ordinary wear and tear due to reasonable use; and,
• engage the cable lock, if provided, and end your trip in the user app.

You are responsible for ensuring the above conditions are satisfied and the e-bike is locked and secure at the end of your Rental Period. If any of the above conditions is not met, the Rental Period will not end, and you will be charged fees in accordance with the Rate Schedule until the Rental Period is ended successfully. In addition, if you leave the e-bike unlocked and unattended, you may be subjected to unsecured e-bike fees in accordance with the Rate Schedule.

You will be responsible to pay for any damage to our e-bikes or equipment as a result of another person using the e-bike while it’s unlocked or otherwise unsecure.

If you have any difficulties with ending your Rental Period, please call the Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386 for assistance.

No Returns Outside the E-bike Parking Zones

You will not be able to return an e-bike or end your Rental Period outside of an E-bike Parking Zone.

If you do not return the e-bike to an E-bike Parking Zone and end your Rental Period as described in this Agreement, we will consider the e-bike to have been stolen and you will be responsible for payment of additional charges as described in the Rate Schedule and may also be subject to additional liability or criminal charges.

Relocation of E-bike

You are required to read and understand the parking rules of Evolve E-‎Bike Share. If you end your trip by parking the Evolve E-Bike in an unacceptable location you will be charged with all costs associated with the effort to relocate or move the ‎e-bike on your behalf, any fees or fines imposed by local governments or authorities, and an ‎additional administration fee in accordance with our then current Rate Schedule.

Right of Evolve to Stop Trip and Retrieve E-bike at Any Time

We maintain the right to remotely end a trip and/or retrieve an e-bike at any time in our sole discretion, including, without limitation, if we have reason to believe you are not fit to operate the e-bike or are involved in any illicit activity, your payments are not processing, or we are unable to contact you.

In such circumstances, you shall be responsible for all fees and costs incurred up until, and as a result of, the termination of such trip and for any costs incurred to return the e-bike to an E-bike Parking Zone.

Lost, Stolen or Damaged E-bike

You are expected to return your Evolve E-Bike in the same ‎condition in which you received it. If you intentionally or unintentionally cause damage or fail to ‎return the vehicle, you will be responsible for all costs associated with the loss or repair of the ‎vehicle. The maximum cost of repair or replacements of an Evolve E-Bike is set out in our then current Rate Schedule. The same ‎charge will apply to you if you have not returned the vehicle within 24 hours of the rental start ‎time, as which time we consider that the e-bike has been lost or stolen.‎

Disclaimer of Warranties

No Warranties

While we inspect the mechanical condition of our e-bikes regularly for safety purposes, you understand that we do not routinely inspect e-bikes after a rental has been completed and that our e-bikes are parked in public places.

You are required to inspect each e-bike before commencing a trip (see the “Pre-Trip Check” section above.)

To the maximum extent permitted by law:

• we do not guarantee or warrant to you, the performance, availability, reliability, quality, uninterrupted use, security, fitness for any use or purpose, pricing or operation of any aspect of your Evolve membership or the Evolve E-Bike-Sharing Program or the condition, safety or fitness of our e-bikes;
• we also do not make any express or implied representation, warranty or condition, (including warranties or conditions of title or non-infringement, merchantable quality or fitness for a particular purpose) in respect of any aspect of your Evolve membership or the Evolve E-Bike-Sharing Program;
• no advice or information, whether oral or written, obtained by you from any of the BCAA Parties creates a term, condition, representation or warranty if it is not expressly stated in this Agreement; and,
• all representations, warranties and conditions of any kind, express or implied are excluded.

Service Limitations

We may at any time suspend the availability of e-bikes due to adverse weather conditions, or other factors.

We may also be required to suspend the rental of e-bikes by order of the city or jurisdiction in which the Evolve E-Bike-Sharing Program operates.

Your Responsibility to Pay for Losses and Damages

E-bike Damage, Loss or Theft during your Rental Period

As an e-bike user, you are responsible to compensate us for any e-bike Damage and lost, stolen or damaged equipment in connection with your rental of an e-bike (whether caused by you, or otherwise, including, for greater certainty, as a result of the failure to properly park, lock or otherwise secure an e-bike during any stopover or at the end of a trip) as we may determine in our sole discretion. This includes any damage or loss caused by accidents, vandalism, soiling, improper use of the e-bike or your non-compliance with the terms of this Agreement. You are responsible for our costs in temporarily replacing the damaged e-bike or equipment during repairs or cleaning.

To the extent you are determined to be at fault by us, an insurer, or a court of law in British Columbia, you are responsible for any losses or damages suffered by third parties (including, without limitation, losses resulting from the injury or death of another person and damage to real or personal property, such as another motor e-bike) arising from or in connection with your use or operation of an e-bike.

In the event you are determined to be at fault for any loss or damage suffered by a third party, you will be responsible for payment of any insurance deductible and any other fees required by us or any of our insurers to process their insurance claim, in accordance with the terms of this Agreement.

If you receive any payment or compensation from another person (including your own insurance provider) in connection with any damage, loss or theft of an e-bike or equipment (including any Evolve Card), you must pay such funds to us.

We will apply your payment to reduce any amount you owe us in connection with the damaged, lost or stolen e-bike or equipment.

Helmet Usage

You expressly acknowledge that applicable laws and ordinances require you to wear an appropriate protective helmet designed for riding e-bikes. You are solely responsible for yourself and for wearing a helmet to comply with the law. For convenience, an Evolve helmet (“Helmet”) is attached to each e-bike. Helmets are only provided for use during a Rental Period and must be returned at the same time that a trip is concluded. If you do not return a Helmet, we may charge you a replacement fee in accordance with our then current Rate Schedule. Regardless of whether an Evolve Helmet is attached to an e-bike before rental, failure to wear a helmet while riding an e-bike may result in fines, tickets, citations, or loss of ridership privileges.

Release and Limitation of Liability

IN ADDITION TO ANY OTHER LIMITATION LISTED ELSEWHERE IN THIS AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN CONSIDERATION OF RENTAL AND USE OF THE E-BIKE WE WILL NOT BE LIABLE TO ‎YOU OR ANY OTHER PERSON FOR, AND YOU HEREBY RELEASE US AND OUR OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, SUPPLIERS, BUSINESS PARTNERS, MUNICIPAL PARTNERS, AGENTS AND REPRESENTATIVES (THE “EVOLVE PARTIES”) FROM:‎

• ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, AGGRAVATED, PUNITIVE OR EXEMPLARY ‎DAMAGES DIRECTLY OR INDIRECTLY ARISING FROM OR IN ANY WAY RELATED TO THIS AGREEMENT, ‎YOUR EVOLVE MEMBERSHIP, THE EVOLVE E-BIKE SHARING PROGRAM OR ANY OF ITS FEATURES, SERVICES ‎OR ANY OTHER PART OF IT (INCLUDING E-BIKES, YOUR MEMBER ACCOUNT, THE ‎EVOLVE WEBSITE, THE USER APP, AND OUR CALL CENTRE), AND ANY DAMAGES FOR LOSS OF PROFIT OR REVENUE, ‎FINANCIAL LOSS, LOSS OF BUSINESS OPPORTUNITIES, BREACH OF PRIVACY OR SECURITY, PROPERTY ‎DAMAGE, PERSONAL INJURY, OR ANY OTHER FORESEEABLE OR UNFORESEEABLE LOSS, NO MATTER ‎HOW IT WAS CAUSED, EVEN IF WE WERE NEGLIGENT OR WERE ADVISED OF THE POSSIBILITY OF ‎SUCH DAMAGES;‎
• THE PERFORMANCE, AVAILABILITY, RELIABILITY, OPERATION, QUALITY, OR PRICING OF ANY PART OF THE ‎ EVOLVE E-BIKE-SHARING PROGRAM;‎
• THE CONDITION, SAFETY OR FITNESS FOR USE OF OUR E-BIKES;‎
• ANY ERROR OR OMISSION IN THE OPERATION OR MANAGEMENT OF ANY PART OF THE EVOLVE E-BIKE-SHARING PROGRAM;‎
• ANY LOST, STOLEN, DAMAGED, OR EXPIRED IDENTIFIERS, PASSWORDS, CODES, BENEFITS, DISCOUNTS, REBATES, CREDITS OR PROMOTIONS; OR
• THE DENIAL, RESTRICTION, SUSPENSION, DISRUPTION OR INACCESSIBILITY OF YOUR EVO MEMBERSHIP ‎OR YOUR PARTICIPATION IN ANY PART OF THE EVOLVE E-BIKE-SHARING PROGRAM.‎

IF WE OR THE EVOLVE PARTIES ARE DEEMED TO HAVE ANY LIABILITY UNDER THIS AGREEMENT OR ARISING OUT OF YOUR USE OF OUR EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE E-BIKES, THE USER APP, OR OUR WEBSITE, SUCH LIABILITY SHALL NOT EXCEED $500.00.

No Warranties; Assumption of Risk.

WHILE WE INSPECT THE MECHANICAL CONDITION OF OUR E-BIKES REGULARLY FOR SAFETY ‎PURPOSES, YOU UNDERSTAND THAT WE DO NOT ROUTINELY INSPECT E-BIKES AFTER A RENTAL HAS ‎BEEN COMPLETED AND THAT OUR E-BIKES ARE PARKED IN PUBLIC PLACES. ACCORDINGLY, FOR ‎YOUR SAFETY, YOU ARE REQUIRED TO INSPECT EACH VEHICLE BEFORE ‎COMMENCING A TRIP.‎ BY USING AN E-BIKE YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE E-BIKE IS ENTIRELY AT YOUR OWN RISK AND THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW:‎

• YOU ASSUME ALL RISK RELATING TO THE USE OF THE E-BIKES AND THE EVOLVE E-BIKE-SHARING SERVICE AND UNDERSTAND THAT RIDING AN E-BIKE INVOLVES RISK TO YOU AND OTHERS INCLUDING DAMAGES, BODILY INJURY, PARTIAL OR TOTAL DISABILITY, PARALYSIS AND DEATH TO YOU OR OTHERS;
• WE DO NOT GUARANTEE OR WARRANT TO YOU, THE PERFORMANCE, AVAILABILITY, ‎RELIABILITY, QUALITY, UNINTERRUPTED USE, SECURITY, FITNESS FOR ANY USE ‎OR PURPOSE, PRICING OR OPERATION OF ANY ASPECT OF YOUR EVOLVE ‎MEMBERSHIP OR THE EVOLVE E-BIKE SHARING PROGRAM OR THE CONDITION, ‎SAFETY OR FITNESS OF OUR E-BIKES AND THAT ALL E-BIKES AND SERVICES ARE PROVIDED ON AN “AS-IS” BASIS;‎
• WE ALSO DO NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATION, ‎WARRANTY OR CONDITION, (INCLUDING WARRANTIES OR CONDITIONS OF TITLE ‎OR NON-INFRINGEMENT, MERCHANTABLE QUALITY OR FITNESS FOR A ‎PARTICULAR PURPOSE) IN RESPECT OF ANY ASPECT OF YOUR EVOLVE ‎MEMBERSHIP OR THE EVOLVE E-BIKE-SHARING PROGRAM;‎
• NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU ‎FROM ANY OF THE EVOLVE PARTIES CREATES A TERM, CONDITION, ‎REPRESENTATION OR WARRANTY IF IT IS NOT EXPRESSLY STATED IN THIS ‎AGREEMENT; AND
• ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EXPRESS ‎OR IMPLIED ARE EXCLUDED.‎

IN NO EVENT WILL YOU CLAIM THAT WE, OR ANY OF THE EVOLVE PARTIES INDIVIDUALLY OR COLLECTIVELY, FAILED TO ADEQUATELY TRAIN YOU, OR PROVIDE YOU WITH ADEQUATE INSTRUCTIONS NECESSARY TO RIDE THE E-BIKE IN A SAFE AND CAREFUL MANNER.

Indemnification

To the maximum extent permitted by law, you agree to, at your sole cost, defend, indemnify, and hold harmless B.C.A.A. Holdings Ltd, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents, suppliers, and advisors, from and against any and all claims, liabilities, costs, fines, penalties, and expenses, including legal fees and expenses, arising out of or in any way connected with: (i) a breach by you, or any user of your account, of any applicable obligation, representation, or warranty under this Agreement; (ii) your access to or use of, or activities in connection with, the Evolve E-Bike Sharing Service; (v) your violation of any applicable laws, rules, regulations, or contracts; or (vi) any misrepresentation made by you (all of the foregoing, “Claims and Losses”). You will cooperate as fully required by us in the defense of any Claims and Losses. Notwithstanding the foregoing, we retain the exclusive right to settle, compromise, and pay any and all Claims and Losses. We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the consent of an individual whom we authorize, in writing, to approve such settlement.

When Your Evolve Membership may be Suspended or Terminated

Program Access Through Evo Membership

Your Evo Car-Sharing Program membership may grant you access to the Evolve E-Bike-Sharing Program within certain regions, at our discretion from time to time and always subject to the terms and conditions of this Agreement and the Evo Member Agreement. By making use of any Evolve E-Bike under your Evo Car-Sharing Program membership, you expressly represent that you meet the eligibility criteria for the Evolve E-Bike-Sharing Program and agree to be bound by all of the terms and conditions of this Agreement.

We may Suspend or Terminate your Evolve Membership at Any Time

We may immediately suspend or terminate this Agreement, your Evolve membership, your participation in the Evolve E-Bike-Sharing Program or your ability to use any part of the program (including the rental or use of e-bikes) at any time in our sole discretion for any reason whatsoever, including but not limited to the following circumstances:

• if you do not comply with any term of this Agreement or any other documentation;
• if you are found fully or partially responsible for an accident;
• if you do not inform us about an accident;
• if you do not inform us of any of the events described in the “Changes in Status” section above;
• if you no longer have an active email address or mobile phone number;
• if we experience any problems with your credit card or any other payment method or if you do not pay any amount owed to us when due; and
• if we have reason to believe (in our sole discretion) that you may be, or have been, involved in any criminal or otherwise improper activity, including, but not limited to, fraud in relation to the creation or use of Evolve member accounts and using an e-bike in furtherance of any illicit activity.

If we decide to terminate this Agreement and your Evolve membership, we may send you a notification email to the email address you have provided to us.

You may also cancel this Agreement and your Evolve membership at any time. We require that you confirm your cancellation in writing.

What Happens When your Evolve Membership is Suspended or Terminated

• When your Evolve membership, your access to the Evolve E-Bike-Sharing Program, or this Agreement is suspended or terminated, you will no longer be able to access any of our e-bikes. We will also de-activate other features or functions of the user app or your member account as we consider appropriate.
• In case of a suspension, we may re-instate your Evolve membership or your access to the Evolve E-Bike-Sharing Program as we consider appropriate or if we are satisfied that the reason for the suspension no longer exists.
• You will be responsible for obtaining and providing to us any information that we may consider necessary or useful to determine whether the reason for a suspension has disappeared.

Some of Your Duties Continue After Suspension or Termination

Even if this Agreement and your Evolve membership have been suspended or terminated (regardless of the reason therefor), you must still pay for any amount you owe for fees and other charges, damages and indemnification under the terms of this Agreement and any other applicable Documents.

7. Accuracy/Correction of Personal Information

Your personal information is kept as accurate, complete and up-to-date as is necessary and reasonably practical for the purposes for which it was collected.

If any of your personal information changes during the course of your Evolve membership, you should let us know.

You may ask to correct the personal information we have in our records by contacting the Evolve privacy officer. We will correct the personal information or annotate your file to indicate that the correction request was made.

8. Security and Safeguarding your Personal Information

We protect your personal information by using safeguards that are appropriate to the sensitivity of the information.

All our employees are responsible for maintaining the confidentiality of the personal information to which they have access. We use comprehensive security controls to protect your personal information against unauthorized access, use, alteration, duplication, destruction or disclosure. While we do use third party contractors to assist us, we use appropriate contractual measures with those third parties to ensure protection of your personal information.

Your personal information may be disclosed to our partners and stored outside of Canada, in which case it may be subject to the laws of the jurisdiction in which it is held.

9. Questions or Complaints

Please direct any questions or complaints regarding our handling of your personal information, or any other questions about this Privacy Policy, to our privacy officer at privacy@evo.ca

10. Changes to our Privacy Policy

We reserve the right to change this Privacy Policy from time to time. The date at the top of the Privacy Policy is the date it was last updated and you are encouraged to review the Privacy Policy from time to time to ensure that you continue to agree to have your personal information collected, used and disclosed in accordance with the current terms.

11. Collection Through Our Website

The terms set out above in this Privacy Policy apply to any collection, use and disclosure of personal information in relation to the Evolve services. In addition to those terms, when you visit the Site, whether or not you are a member, we will collect your internet protocol (IP) address. We also use cookies to identify you as a return visitor and allow you to personalize our website to reflect your preferences and to store personal information that you have voluntarily provided through the website. We may also collect information such as the web browser used to access our website, and other information on a consolidated basis for statistical and survey purposes. Some information may also be used to deliver partner and product information based upon your preferences.

By using the Site you consent to the collection, use and disclosure of your personal information as described in this Privacy Policy.

12. California Residents

If you are a California resident, do not enter your personal information through this site or other electronic means. You may inquire about our services through our Call Centre at 1-844-EVO-2-EVO or 1-844-386-2386.

BCAA does not sell or rent any personal information.

Schedule C

Trip Process and Parking Rules

Parking Policies and Procedures

Certain general parking rules are set forth below, but please refer to the parking-related FAQs at http://www.evo.ca/evolve and any other parking instructions posted at an E-bike Parking Zone or otherwise made known to you (collectively, the "Parking Instructions"), all of which are incorporated into and form a part of this Agreement, for further information and details. The list of parking rules set forth in this Schedule C is not exhaustive and there are additional rules included in the Parking Instructions that are not set forth herein. In the event of a conflict between any of the Parking Instructions and this Schedule C, the Parking Instructions shall govern.

Where can I park when ending my trip?

You can only end your trip in an E-bike Parking Zone and by securing your Evolve E-Bike to a bike rack or other suitable bike parking infrastructure using the supplied cable lock, if provided.

Failure to secure your e-bike using the supplied cable lock, if provided, and end your trip in an E-bike Parking Zone could result in additional fees and/or fines. For a list of associated fees due to unauthorized parking, please see the Rate Schedule.

Where can I park when making a stopover?

You can park your e-bike at any public bike racks or other suitable bike parking infrastructure as long as it is secured to a bike rack using the supplied cable lock, if provided, for the duration of the stop-over and you have used the stopover function in the user app.

Where can I NOT park?

You must understand applicable local bylaws with regards to suitable bike parking where you are operating an e-bike. Under no circumstances may you park your e-bike where it impedes any foot or vehicle traffic, on private property unless you have express permission from the property owner, or attach your e-bike to any unsecured structure.

While you can park outside of an E-bike Parking Zone during a stopover, you can only end your trip in an E-bike Parking Zone. You won’t be able to end your trip unless you’ve parked the e-bike in an E-bike Parking Zone identified on, and in accordance with, the user app map and otherwise in accordance with this Agreement.