Terms of service
TERMS AND CONDITIONS OF PURCHASE
Welcome to the Evive Inc. website, a Canadian corporation incorporated under the Business Corporation Act QLR c S-31.1. All users of this Website agree that access to and use of this Website is subject to the following terms and conditions and any other applicable laws. By using this Website, you accept and agree to be bound and comply with these terms and conditions. Your use of this site constitutes your approval. If you do not agree to these terms and conditions, you must not access or use the Website of Evive Inc.
This document constitutes a legal agreement (the “Agreement”) between you (“you”, “your”) and Evive Inc. (“Evive”, “we”, “us”, “our”) regarding the terms and conditions associated with ordering and receiving our products (“Products”) which are offered to you in the form of (i) continuous subscription plans, and/or (ii) one-time purchases of Products with or without a subscription plan, through the “evivenutrition.ca” Website, as well as any related subdomain or other related mobile platform (the “Website”, the “Service”). You must review the following terms and conditions of purchase before using the Service.
By accessing the Website or using the Service, you agree to all of the terms and conditions described in this Agreement. At any time, you may terminate this Agreement by ceasing to use the Service in accordance with the terms and conditions set forth in this Agreement.
TERMS OF SALES
The Services are offered as (i) continuous subscription plans, and/or (ii) one-time purchases of Products with or without a subscription plan. The different options available are described below.
(i) HOW THE CONTINUOUS SUBSCRIPTION PLAN WORKS
Evive’s continuous subscription Service is a subscription with automatic renewal (“Subscription”) which means that when you place your first order, you agree to be subscribed to our Services for the future in the manner you choose. For example, you will receive your Products according to the delivery frequency you have selected and displayed in your account. Your Evive boxes will contain the Products you have selected when choosing your Subscription. You can find your Subscription and Evive Service information in the My Account section of our Website (https://en.evivenutrition.ca).
Our continuous Subscription Service means that you agree that Evive or a third-party payment partner will automatically charge your credit card for the amount of your Subscription according to the delivery frequency you have chosen. Amounts will be charged as long as your Subscription is not suspended or cancelled. The amount charged may change depending on your participation in promotional offers or the use of credits.
If you wish to cancel your Subscription, you must do so no later than midnight on Thursday, which is the day before the billing date displayed on your account. As a result, no amount will be charged to your credit card.
In case of invalid payment information or insufficient funds on your credit card, an error message will be sent to your email address notifying you that the transaction has been cancelled. After 3 failed payment attempts, your Subscription will be automatically cancelled.
ORDER MODIFICATION
All changes to your order must be made no later than Thursday at midnight before the Billing Date.
OUT-OF-STOCK
Evive strives to maintain an up-to-date inventory. However, if we experience an inventory shortage, Evive will notify you in a timely manner. When a product is out-of-stock, you will have the option to: (i) request Evive to ship the out-of-stock product at a later date; (ii) replace the product; or (iii) refund the product.
DELIVERY – INACCESSIBLE AREAS
Currently, Evive does not deliver everywhere in Canada. Therefore, Evive reserves the right to cancel an order and suspend your Subscription if your region is inaccessible for delivery.
PRICE
Evive reserves the right to change its prices at any time during the term of your Subscription. In this case, Evive will publish, prior to the price change, notices on its Website or through any other means Evive chooses, to inform you of the changes at least 30 days before the price change takes effect. This price change will not apply to orders that are paid and being prepared. If you do not agree with the price change, you may terminate the Services at any time before the price change takes effect.
(ii) HOW THE ONE-TIME PURCHASE WORKS
A one-time purchase of Evive Products is a one-time purchase with no automatic renewal option. If you wish to purchase Products on a one-time basis, you authorize Evive to collect certain information, including your full name, address, telephone number and credit card information.
ACCOUNTS, PASSWORDS AND SECURITY
When purchasing in the form of (i) continuous subscription plans, and/or (ii) one-time purchases of Products with or without a subscription plan, you must register for an account in order to use the Website and/or Services. You must complete the registration process by providing Evive with up-to-date, complete and accurate information as requested. You are entirely responsible for maintaining the security and confidentiality of your account and password. You are also entirely responsible for all activities that occur under your account whether those activities are conducted by you or by any other person. You agree to notify Evive immediately of any unauthorized use of your account or any other breach of security. Evive will not be liable for any loss that you incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any loss that Evive or another party suffers as a result of someone else’s use of your account, if that use results from your negligence in maintaining the security and confidentiality of your account.
TERMS OF DELIVERY
Evive generally uses third parties to ship its Products; therefore, all purchases of Products are governed by a shipping contract which provides that title and risk of loss to such Products pass to you when the Products are delivered to you. Once Products are delivered, their condition and consumption are your responsibility, and you are solely responsible for the proper and safe handling, storage, use and consumption of the Products. Evive is not responsible for any actions or omissions on the part of such third parties and is not liable for any delay or loss of any kind that occurs while an order is in the hands or control of a third party.
Shipping dates and times are estimated, and actual shipping dates and times may change due to weather conditions and other factors, some of which are beyond our control. Should events beyond our control affect our ability to deliver the Products to you on your scheduled delivery date, we will attempt to deliver your Products as soon as possible.
A delivery notice will be sent to the email address linked to your Evive account indicating the possible delivery days which are between Tuesday and Friday of each week. Evive will not be held responsible if the box is not retrieved at the location you have indicated in your account. We will also provide you with the necessary proof of delivery.
Products are deemed delivered when the Product is delivered to the indicated location in accordance with the delivery instructions specified when placing your order. We assume that anyone present at the address specified in the delivery instructions is authorized to receive the order on your behalf. If no one is present at the address specified in your delivery instructions, we will leave the package unattended at the address or location you specified. It is your responsibility to provide us with clear and complete delivery instructions.
You are responsible for inspecting all Products you receive from us for damage or other problems at the time of delivery. You are solely responsible for determining the integrity of the Products you receive. In the event that a Product is not fresh, open or broken at the time of delivery, please notify us and we will handle the situation in accordance with our return and refund policy.
Once your Products are received and inspected, you must place them in the freezer.
Our boxes include thermal insulation as well as dry ice to preserve the Products for a period of 48 hours. Any degradation of the Products, including the passage of time, will be your responsibility once the delivery is completed. If you are unable to retrieve your order, it is your responsibility to find a solution to not let the freshness of the Products deteriorate. When scheduling your deliveries and box retrieval, please take into account the temperature in your area, as the outside temperature can have an impact on the deterioration of the Products.
For any damaged orders, we invite you to contact customer service directly at info@evivenutrition.com or by phone at (514) 819-3116 as soon as you retrieve your box. We are open Monday to Saturday from 9 a.m. to 5 p.m. (UTC -4).
ORDER, EXCHANGE RATES, TAXES AND PAYMENT OPTIONS.
All prices are in Canadian dollars. Our products are not taxable. We accept all of the following payments methods: credit cards and prepaid cards. Orders placed on www.evivenutrition.ca are sent securely to our order desk where they are reviewed. Once the order is verified and fully paid, it will be processed and delivered.
Customers agree to pay for the goods and services purchased through the Website and acknowledge that purchasing goods or services online is equivalent to purchases made in a physical store.
HEALTH LIABILITY WAIVER NOTICE
The information contained on the Website and/or its affiliates, has not been evaluated by Health Canada or the FDA in the United States, and is not intended to diagnose, treat, cure or prevent any disease. The information on this Website should not be used as therapeutic advice or as a substitute for professional medical advice. The information presented above, or information received via telephone or email should not be construed as the practice of medicine. Evive is not responsible for the abuse and/or misuse of any product sold due to a consumer using this Website. Evive is also not responsible for any problems or difficulties that may arise due to the consumer’s use of products sold by Evive. Customers using this Website or previous and future versions of the Website, who do not consult their health care professional prior to the purchase and subsequent use of any product, assume the risk of all consequences.
COPYRIGHT
The entire content of this Website including the text, but not limited to the text, including graphics and codes is copyrighted as a collective work under Canadian and other copyright laws, and is the property of Evive. Collective work includes works that are authorized by Evive.
Copyright 2022, Evive, all rights reserved.
We grant permission to electronically copy and print parts of this Website only if the purpose is to place an order with Evive or to purchase Evive products. You may display, subject to any expressly stated restrictions or limitations relating to the specific material, download or print portions of the material from the various areas of the Website solely for your own non-commercial use, or to place an order with Evive or to purchase products from Evive. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by Evive.
You also agree not to change or delete any industrial property content from the materials uploaded to the Website.
REGISTERED TRADEMARKS
All trademarks, service marks and trade names of Evive used on this Website are registered trademarks or trademarks of Evive. You may not use our trademarks, such as our logo, without our permission.
DISCLAIMER OF WARRANTY
The Website, its content, and any services or products found or attained through the Website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Evive does not represent or warrant that that the Website, its content, or any services found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components.
We make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and Evive has no responsibility or liability whatsoever for your use of this Website. Some states do not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
LIMITATION OF LIABILITY
Evive shall not be liable for any indirect, special or consequential damages resulting from the use of, or the inability to use, the materials on this Website or the performance of the products, even if Evive has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Customers who take advantage of products offered on Evive’s online store, but from companies other than Evive, do so at their own risk and will not hold Evive liable in any way, including, but not limited to, health complications or other problems resulting from the use of such products.
TYPOGRAPHICAL ERRORS
In the event that a product is listed at an incorrect price on the Website, Evive reserves the right to refuse or cancel any orders placed for the product listed at the incorrect price. Evive reserves the right to refuse or cancel any such orders even if the order has been confirmed and charged to your credit card account. In such cases, Evive. shall issue a credit to your account by refunding your credit card in the amount of the pricing error.
TERMINATION
These terms and conditions apply to you when you access the Website and/or complete your subscription or purchase process. These terms and conditions may be terminated by Evive upon 60 days written notice. The provisions relating to copyright, trademark, disclaimer, limitation of liability, indemnities and miscellaneous, shall survive the termination of this Agreement.
NOTIFICATION
Evive may deliver notice to you by email, SMS, a general notification on the Website, or any other reliable method to the address you provide to Evive.
MISCELLANEOUS
The use of this Website shall be governed exclusively by the laws of the Province of Quebec and the laws of Canada. You agree that any action or proceeding arising out of or relating to the use of the Website or this Agreement (including, but not limited to, the purchase of Products) shall be brought in the courts of the Province of Quebec, specifically in the District of Montreal.
No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from this Agreement will operate or be construed as a waiver thereof; nor will any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Neither the conduct between the parties nor trade practice shall act to modify any of these terms and conditions.
Evive may assign any of its rights or any of its obligations hereunder to any party, without prior notice to you.
USE OF THE SITE
Harassment in any manner or form on the Website via e-mail, the Website blog, or by means of obscenity or abuse is strictly prohibited. You may not upload, distribute or publish through the Website any defamatory, obscene, threatening, privacy-invasive, publicity-invasive, offensive, illegal or objectionable content that may constitute or encourage a crime, violate the rights of any party or that may give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization.
TERMS AND CONDITIONS OF THE MOBILE MESSAGING SERVICE
Last updated: September 2022
The Evive Mobile Messaging Service (Klaviyo) is operated by Evive. Your use of the Service constitutes your acceptance of these Mobile Terms of Service. We may change or discontinue the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service after the effective date of such modifications will constitute your acceptance of such modifications.
By consenting to Evive’s SMS/text messaging service, you agree to receive recurring SMS/text messages with service-related messages, including updates, alerts, promotions, and other marketing offers from and on behalf of Evive via text messages through your wireless carrier to the cell phone number you have provided, even if your cell phone number is registered on a state or federal do not call list. Text messages can be sent using an automatic telephone dialling system or other technology.
You understand that you do not need to enroll in this program in order to make any purchases, and your consent is not a condition of any purchase with Evive. Your participation in this program is entirely voluntary.
We do not charge for the Service, but you are responsible for all fees and charges associated with text messaging imposed by your wireless carrier. Message frequency varies. Standard messaging and data charges may apply with your wireless carrier. Check your wireless plan and contact your wireless carrier for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless carrier.
You may opt out of the Evive Mobile Messaging Service at any time. You can unsubscribe by texting the word “STOP” to +1 (855) 771-0051, +1 (855) 740-1672 or +1 (833) 975-2526. You will receive a confirmation text message regarding your unsubscription. No further messages will be sent to your mobile device unless initiated by you. If you have subscribed to other Evive mobile messaging programs and wish to opt out of these programs, unless otherwise required by applicable law, you will need to unsubscribe separately from those programs by following the instructions provided in their respective mobile terms. For help or assistance, email info@evivenutrition.com.
We may change any short code or phone number we use to operate the Service at any time and will notify you of such changes. You acknowledge that any messages, including STOP or HELP requests, that you send to a short code or phone number that we have changed may not be received and we will not be responsible for fulfilling any requests made in such messages.
Wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid cell phone number. If you get a new cell phone number, you will be required to enroll in the Program with your new number.
To the extent permitted by applicable law, you agree that we will not be liable for the failure, delay or misdirected delivery of any information sent through the Service, any errors in such information and/or any actions you may or may not take in reliance on the information or the Service.
We respect your right to privacy. To learn how we collect and use your personal information, please see our Privacy Notice.
SECURITY
Evive works to protect the security of your personal information as it is transmitted through our secure system. Evive employees do not have access to your credit card information, as it is encrypted immediately upon completion of a transaction. Only the transaction management company, with which Evive deals with, receives its encrypted information. Other personal information collected by Evive is used to ship your order through the carriers, to be able to contact you in case of need or to make you benefit from all the opportunities and activities offered by Evive. You may request that your information be removed from our database at any time.
NO RELIANCE
Evive does not and cannot review all communications and materials posted to or created by users accessing the Website and is not in any manner responsible for the content of these communications and materials. You acknowledge that by permitting you to view and distribute user-generated content on this Website, Evive is merely acting as a passive conduit for such distribution and is not undertaking any obligation, commitment or liability relating to any content or activity on this Website. However, Evive reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or other intellectual property rights, or (d) offensive and unacceptable to Evive in its sole discretion.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Evive and its officers, directors, employees, agents, successors and assigns from and against any and all losses, damages, liabilities, actions, judgments, interest, indemnities, penalties, fines, costs or expenses of any kind arising out of or resulting from: (i) any breach by you of any obligation, warranty or representation set forth in this Agreement or (ii) any activity related to your account (negligent or wrongful conduct) by you or any other person accessing and/or using your Evive account.
THIRD PARTY
In an effort to provide increased value to our visitors, Evive may provide links to sites operated by third parties. However, even if the third party is affiliated with Evive, Evive has no control over such linked sites, which have separate and independent privacy collection practices. These linked sites are for your convenience only and therefore you access them at your own risk.
REFUND POLICY
Last updated: 2022-10-19
ALL OUR SALES ARE FINAL.
Evive does not grant refunds or returns for Products when they are not defective or expired at the time of delivery and for a period of 48 hours corresponding to the conservation period of the boxes containing our Products.
No refunds or returns will be accepted specifically for the following reasons: misuse of the product, improper storage, improper handling, wrong delivery address.
You are responsible for inspecting the Products at the time of delivery to ensure that they are in good condition and free of damage or to consumption. You must also put the Products in the freezer without delay following receipt of the Products. After this period, you will be presumed to have received the Products in good condition and without any defect.
If the delivered Product is defective or expired or incomplete at the time of delivery, Evive will send you a new Product the following week, free of charge. It is your responsibility to contact customer service to report the condition of the Product within 3 business days of delivery with supporting evidence. You may be required to retain the expired or defective Product for the purpose of disposal. If a refund is necessary, depending on the situation, it can be made on the same credit card used for the order.
If you are not satisfied with the Product or the online delivery service, we invite you to contact customer service directly at info@evivenutrition.com or by phone at (514) 819-3116. We are open Monday to Saturday from 9 a.m. to 5 p.m. (UTC -4).
CANCELLATION POLICY
(i) Continuous subscription
Evive’s continuous subscription Service is a subscription with automatic renewal (“Subscription”) which means that when you place your first order, you agree to be subscribed to our Services for the future in the manner you choose. Your orders will automatically renew as long as your Subscription is active. If you do not wish to receive an order, you must cancel your Subscription no later than midnight on Thursday, the Billing Date. You may cancel your Subscription at any time by accessing the My Account section of our Website (www.evivenutrition.ca) or by contacting our customer service department at info@evivenutrition.com or by phone at (514) 819-3116. We are open Monday to Saturday from 9:00 a.m. to 5:00 p.m. (UTC -4).
If you cancel your Subscription following the Billing Date, such cancellation will be effective for the next billing period, and you will receive the Products the following week.
If you cancel your subscription, please note that you may continue to receive communications from Evive. If you do not wish to receive these messages, you must unsubscribe from our mailing list by following the instructions.
(ii) One-time purchase
In the case of a one-time purchase, you can cancel your order at any time before it is shipped. The amount charged to your credit card will be refunded. After it has been shipped, you cannot cancel your order and the refund policy applies (see above).
