IVERGO

Article 1 - Definitions

In this contract, the following terms have the meaning assigned to them below:

• - "Ivergo" or "the Provider": Ivergo inc., the roadside assistance company that is party to this contract.
• - "Client": any natural or legal person who requests a service via Ivergo's digital platform.
• - "Platform": the website and mobile application operated by Ivergo.
• - "Service": any roadside assistance service offered by Ivergo, including boosting, unlocking, towing, transport and parking under contract.
• - "Priority dispatch": the exclusive and immediate assignment of a technician at the Client's request, carried out upon the timestamped confirmation of the order.
• - "Pre-authorization": a temporary hold of funds on the Client's payment card, constituting a reservation and not an actual charge.
• - "Capture": the actual charging of the real amount of the service, carried out at the end of the intervention upon confirmation by the employee.
• - "Schedule A": the detailed rate grid attached to this contract and forming an integral part of it.
• - "C.P.A.": Consumer Protection Act, R.S.Q., c. P-40.1.
• - "C.C.Q.": Civil Code of Quebec, S.Q. 1991, c. 64.

Article 2 - Contracting parties

2.1 The Provider

Ivergo inc., whose full contact information appears on the Platform and in the confirmation email sent to the Client.

2.2 The Client

The person identified when the service request is created on the Platform, whose contact information is automatically recorded at the time of the transaction.

This contract is concluded remotely, within the meaning of the C.P.A., and is governed by all of the provisions applicable to electronic commerce contracts concluded with a consumer residing in Quebec.

Article 3 - Purpose and scope of the contract

The purpose of this contract is to define the rights and obligations of the Parties within the framework of the roadside assistance services provided by Ivergo at the Client's request via the Platform. It sets out in particular the terms of pricing, pre-authorization, final billing and priority dispatch.

This contract is automatically appended to each transaction upon completion of the pre-authorization and sent to the Client electronically, in accordance with the Act to establish a legal framework for information technology, R.S.Q., c. C-1.1.

Article 4 - Priority dispatch service

4.1 Nature of the dispatch service

Upon confirmation of the request by the Client on the Platform, Ivergo carries out an exclusive priority dispatch: a qualified technician is immediately assigned, their travel begins, and the timestamped confirmation is sent to the Client by SMS and/or email. This confirmation includes the employee's name, their estimated time of arrival (ETA) calculated in real time based on the geolocation of the service vehicle, and the request number.

The dispatch service constitutes a distinct performance, fully rendered and irreversible as of the issuance of the timestamped confirmation, independently of what follows with respect to the roadside assistance intervention.

4.2 Dispatch fee

The priority dispatch fee represents the consideration for the exclusive reservation service described in article 4.1, rendered by Ivergo upon confirmation. This fee does not constitute damages nor a penalty within the meaning of the C.C.Q., but rather the fair remuneration for a service already performed. The exact amount applicable according to the requested service is set out in Schedule A.

When the roadside assistance intervention is completed, the dispatch fee is fully deducted from the total amount billed to the Client. The Client therefore bears no net dispatch cost when using the service.

If the Client chooses not to use the roadside assistance service after receiving the dispatch confirmation, the dispatch fee is retained as compensation reasonably agreed upon between the parties for the actual costs incurred: the employee's travel, immobilization of the equipment, and lost earnings resulting from the refusal of competing assignments during the dispatch period.

Article 5 - Pricing

The complete pricing applicable to Ivergo's services is set out in Schedule A of this contract. The Client is invited to review it before any service request. By accepting these terms and conditions, the Client acknowledges having reviewed the rates applicable to their service.

Rates are in Canadian dollars (CAD), applicable taxes (GST and QST) extra. Ivergo reserves the right to modify its rate grid, subject to notifying the Client beforehand by electronic means. Any modification has no effect on transactions in progress at the time it comes into effect.

Article 6 - Pre-authorization and payment

6.1 Mechanism

Upon confirmation of the service request, Ivergo places a pre-authorization on the Client's payment card for the amount established according to Schedule A. This pre-authorization constitutes a hold of funds and not an immediate charge. No amount is charged before the end of the intervention.

6.2 Capture of the real amount

The actual charge is made only at the moment the technician confirms the end of the intervention via Ivergo's mobile application. The captured amount corresponds to the real amount of the service, which may be equal to or less than the pre-authorized amount, without ever exceeding it.

6.3 Release of the balance

The uncaptured balance is released automatically by the payment processor within a period of 5 to 10 business days, depending on the practices of the banking institution that issued the Client's card. This period is beyond Ivergo's control.

6.4 Transaction receipt

A detailed electronic receipt is sent to the Client by email within 30 minutes following the end of the intervention, specifying the pre-authorized amount, the captured amount, the released balance and the timestamp of the intervention.

Article 7 - Ivergo's obligations

• - Perform the service with diligence and competence, in accordance with the rules of the trade.
• - Dispatch a qualified technician as promptly as possible following confirmation.
• - Send the timestamped confirmation with an ETA calculated in real time.
• - Inform the Client without delay of any impediment or significant delay.
• - Bill only the real amount of the service, in accordance with Schedule A.
• - Keep the dispatch, geolocation and transaction logs for a minimum of 2 years.
• - Maintain the required civil liability and automobile insurance.

Article 8 - Client's obligations

• - Provide an exact, complete and accessible address at the time of the request.
• - Remain reachable at the number provided until the employee arrives.
• - Be present or designate an authorized person at the pickup location.
• - Validate the information displayed on screen before confirming the order.
• - Pay the amounts due in accordance with the terms of this contract.

Article 9 - Civil liability and force majeure

9.1 Ivergo's liability

Ivergo's liability is limited to the amount billed for the service rendered. Ivergo assumes no liability for undocumented pre-existing damage, the Client's indirect or economic losses, nor delays attributable to circumstances beyond its control.

9.2 Force majeure

In the event of a force majeure event (extreme weather conditions, closure of a public road, etc.) preventing Ivergo from honoring the dispatch, no fee will be retained from the Client and the pre-authorization will be released without delay.

Article 10 - Protection of personal information

Ivergo processes the Client's personal information in accordance with Law 25 (S.Q. 2021, c. 25) and the Act respecting the protection of personal information in the private sector, R.S.Q., c. P-39.1. The data collected (name, address, telephone, email, geolocation of the request) is used exclusively for the provision of the service and for billing. It is neither sold nor transferred to third parties, except where required by law. The Client has a right of access and rectification by contacting Ivergo.

Article 11 - Consumer rights and recourse

11.1 Fundamental rights

The Client benefits from all of the rights provided for by the C.P.A., which they cannot waive under section 11.4 C.P.A., in particular the right to complete information on the prices and conditions of the service, the right to file a complaint with the Office de la protection du consommateur (OPC) and the right to bring the matter before the Quebec courts.

The dispatch fee provided for in article 4 of this contract does not constitute a waiver of the rights provided for in articles 2125 and 2129 C.C.Q. It represents the consideration for a distinct and complete service rendered by Ivergo upon the timestamped confirmation.

11.2 Available recourse

• - Office de la protection du consommateur (OPC): www.opc.gouv.qc.ca - 1 888 672-2556
• - Small Claims Court: for any dispute not exceeding $15,000, without the obligation to retain a lawyer.
• - Misleading practices (s. 219 C.P.A.): Ivergo does not engage in any misleading commercial practice; all displayed data reflects reality in real time.

Article 12 - General provisions

• - Language: This contract is drawn up in French, in accordance with the Charter of the French language, R.S.Q., c. C-11. In case of translation, the French version prevails.
• - Severability: If a provision is held to be invalid by a court of competent jurisdiction, the other provisions remain in force.
• - Entirety: This contract, Schedule A and the electronic confirmations constitute the entirety of the agreement between the Parties.
• - Jurisdiction: Any dispute is subject to Quebec law and to the exclusive jurisdiction of the courts of Quebec. No mandatory arbitration clause may be invoked against the consumer Client (s. 11.1 C.P.A.).
• - Modifications: Any rate modification will be communicated to the Client by email before it comes into effect and will not affect transactions in progress.
• - Electronic proof: The timestamp of the dispatch confirmation, the geolocation log and the record of the electronic acceptances constitute proof within the meaning of the Act to establish a legal framework for information technology.