​Terms and Conditions of Use

1. Introduction

1.1     These terms and conditions govern your use of our website.

1.2     By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3     If you register with our website or make a rental on our website, we will ask you to expressly agree to these terms and conditions.

1.4     You must be at least [18] years of age to use our website; and by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age.

1.5     Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.]

2. Copyright notice

2.1     Copyright (c) 2016 Nomad Mobile Gear Rental Ltd.

2.2     Subject to the express provisions of these terms and conditions:

(a)      we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)      all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3. Licence to use website

3.1     You may:

(a)      view pages from our website in a web browser;

(b)      download pages from our website for caching in a web browser;

(c)      print pages from our website;

(d)      use our website services by means of a web browser,

          subject to the other provisions of these terms and conditions.

3.2     Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3     You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

3.4     Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5     Unless you own or control the relevant rights in the material, you must not:

(a)      republish material from our website (including republication on another website);

(b)      sell, rent or sub-license material from our website;

(c)      show any material from our website in public;

(d)      exploit material from our website for a commercial purpose; or

(e)      redistribute material from our website.

3.6     We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4. Acceptable use

4.1     You must not:

(a)      use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)      use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)      use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)      conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)      access or otherwise interact with our website using any robot, spider or other automated means;

(f)      violate the directives set out in the robots.txt file for our website; or

(g)      use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2     You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3     You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5. Order Process

5.1     “Sport Equipment” means all rental gear, equipment and services advertised by us on our website as ordered by you from our website.

5.2     The advertising of Sport Equipment Rentals on our website constitutes an “invitation to treat” rather than a contractual offer. No contract will come into force between you and us unless and until you have complied with and we accept your order in accordance with the procedure set out in this Section 5.

5.2     We may periodically change the Sport Equipment available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3     Our prices are quoted on our website.

5.4     We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.5     All amounts stated in these terms and conditions or on our website are stated exclusive of GST.

5.6     It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.7     The Sport Equipment Rentals through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a rental on our website.

5.8     To enter into a contract through our website to rent Sport Equipment from us, the following steps must be taken: if you are a new customer, you must create an account with us and log in, if you are an existing customer, you must enter your login details; once you are logged in, you must add Sport Equipment you wish to rent to your shopping cart, and then proceed to the checkout; once you have selected your options, you must provide your delivery address and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an invoice, which is a binding contract.

5.9     As a condition to completing your Sport Equipment Rental you must enter into our form of General Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement to be provided to you and completed by email prior to delivery of the Sport Equipment.

5.10    You will have the opportunity to identify and correct input errors prior to making your order.

6. Payments

6.1     You must, during the checkout process, pay for the Sport Equipment Rentals you ordered at the time of ordering and supply appropriate evidence of your identity on delivery (for this purpose, you must present photo identification for customers over 18 and the credit card used to pay for the Sport Equipment Rentals.

6.2     Payments may be made by any of the permitted methods specified on our website from time to time.

6.3     If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the Sport Equipment ordered and/or by written notice to you at any time cancel the Sport Equipment Rental.

6.4     If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)      an amount equal to the amount of the charge-back;

(b)      all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)      an administration fee of $50.00 plus GST; and

(d)      all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

          and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

7. Delivery and Return Policy

7.1     We offer free standard delivery and pick up to/from all addresses within the City of Calgary, Alberta, Canada.

7.2     All deliveries must be received in person at the delivery address, and a signature must be provided.

7.3     If an initial delivery attempt is unsuccessful your booking will be cancelled and you will be charged one day rental on all items or packages; the remainder of the charges will be refunded. If an initial return pick-up attempt is unsuccessful, we will reschedule the pick up at the next available time and you will be charged the daily rate until the Sport Equipment is picked up.

7.4     An indicative list of the situations where a failure to deliver or pick-up will be your fault is set out below:

(a)      you provided the wrong address for delivery or pick-up;

(b)      there is a mistake in the address for delivery or pick-up that was provided;

(c)      the address for delivery or pick-up is not reasonably accessible;

(d)      the address for delivery or pick-up cannot safely be accessed; or

(e)      there is no person available at the address for delivery or pick-up to accept delivery or return the Sport Equipment and provide a signature.

7.5     If you experience any problems with a delivery or pick-up, please contact us using the contact details that we publish on our website or otherwise notify you.

8. Cancellation Rights and Refund Policy

8.1     We may cancel a contract under these terms and conditions immediately, by giving you email notice of termination, if:

(a)      you fail to pay, on time and in full, any amount due to us under that contract; or

(b)      you commit any material breach of that contract.

8.2     You may cancel a contract under these terms and conditions immediately, by giving us email notice of termination or using the booking cancellation in your account, if we commit any material breach of that contract or upon notice of your intention to cancel delivered to us by email no less than two (2) clear business days’ prior to your scheduled delivery date for the Sports Equipment.

8.3     We may cancel a contract under these terms and conditions by email notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of Sport Equipment, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

8.4     If a contract under these terms and conditions is cancelled in accordance with this Section 8:

(a)      we will cease to have any obligation to deliver Sport Equipment which are undelivered at the date of cancellation;

(b)      you will continue to have an obligation where applicable to pay for Sport Equipment which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products);

(c)      you will continue to have an obligation to pay a $15.00 per booking administration fee if you cancel between two business days and 5:00 o’clock p.m. (Calgary time) on the business day before your scheduled delivery date;

(d)      you will continue to have an obligation to pay the full amount due if you cancel after 5:00 o’clock p.m. (Calgary time) on the business day before your scheduled delivery date; and

(e)      all the other provisions of these terms and conditions will cease to have effect, except that Sections 1.3, 6.4, 9 and 19 to 25, inclusive, will survive termination and continue in effect indefinitely.

9. Warranties and Representations

9.1     You warrant and represent to us that:

(a)      you are legally capable of entering into binding contracts;

(b)      you have full authority, power and capacity to agree to these terms and conditions;

(c)      all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)      you will be able to take delivery of the products in accordance with these terms and conditions and our delivery policy.

10. Damage to Sport Equipment

10.1    The undersigned understands that the Sport Equipment must be returned in good working order and clean or a fee will be assessed for each item. Damaged or lost Sport Equipment will be assessed at the current retail price for repairs or replacement. Charges made on lost or damaged Sport Equipment are not contestable. The undersigned agrees that all late, lost or damaged fees may be charged to the undersigned’s credit card.

11. Registration and accounts

11.1    To be eligible for an individual account on our website under this Section 6, you must be at least 18 years of age.

11.2    You must register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

11.3    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

11.4    You must not use any other person’s account to access the website, unless you have that person’s express permission to do so.

12. User IDs and passwords

12.1    If you register for an account with our website, you will be asked to choose a user ID and password.

12.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

12.3    You must keep your password confidential.

12.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

12.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

13. Cancellation and suspension of account

13.1    We may:

(a)      suspend your account;

(b)      cancel your account; and

(c)      edit your account details,

          at any time in our sole discretion without notice or explanation.

13.2    You may cancel your account by email at info@nomadgearrentals.com.

14. Your content: rules

14.1    You warrant and represent that your content will comply with these terms and conditions.

14.2    Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

14.3    Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)      be libellous or maliciously false;

(b)      be obscene or indecent;

(c)      infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)      infringe any right of confidence, right of privacy or right under data protection legislation;

(e)      constitute negligent advice or contain any negligent statement;

(f)      constitute an incitement to commit a crime[, instructions for the commission of a crime or the promotion of criminal activity];

(g)      be in contempt of any court, or in breach of any court order;

(h)      be in breach of racial or religious hatred or discrimination legislation;

(i)       be blasphemous;

(j)      be in breach of official secrets legislation;

(k)      be in breach of any contractual obligation owed to any person;

(l)       depict violence;

(m)     be pornographic, lewd, suggestive or sexually explicit;

(n)      be untrue, false, inaccurate or misleading;

(o)      consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)      constitute spam;

(q)      be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)      cause annoyance, inconvenience or needless anxiety to any person.

15. Report abuse

15.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

15.2    You can let us know [by email or by using our abuse reporting form].

16. Limited warranties

16.1    We do not warrant or represent:

(a)      the completeness or accuracy of the information published on our website;

(b)      that the material on the website is up to date; or

(c)      that the website or any service on the website will remain available.

16.2    We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent that these terms and conditions expressly provide otherwise, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

16.3    We exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

17. Limitations and exclusions of liability

17.1    The limitations and exclusions of liability set out in this Section 17 and elsewhere in these terms and conditions govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

17.2    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

17.3    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

17.4    We will not be liable to you in respect of any loss or corruption of any data, database or software.

17.5    We will not be liable to you in respect of any special, indirect or consequential loss or damage.

17.6    You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

17.7    Our aggregate liability to you in respect of any contract to rent Sport Equipment from us under these terms and conditions shall not exceed the total amount paid and payable to under the rental agreement.

18. Breaches of these terms and conditions

18.1    Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)      send you one or more formal warnings;

(b)      temporarily suspend your access to our website;

(c)      permanently prohibit you from accessing our website;

(d)      block computers using your IP address from accessing our website;

(e)      contact any or all your internet service providers and request that they block your access to our website;

(f)      commence legal action against you, whether for breach of contract or otherwise; and/or

(g)      suspend or delete your account on our website.

18.2    Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

19. Third party websites

19.1    Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

19.2    We have no control over third party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

20. Variation

20.1    We may revise these terms and conditions from time to time by publishing a new version on our website.

20.2    A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

21. No waivers

21.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

21.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any breach of that provision or any other provision of that contract.

22. Assignment

22.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

22.2    You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

23. Severability

23.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

23.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

24. Third party rights

24.1    These terms and conditions are for our benefit and your benefit, and are not intended to benefit or be enforceable by any third party.

24.2    The exercise of the parties’ rights under these terms and conditions is not subject to the consent of any third party.

25. Entire agreement

25.1    Subject to paragraph 5.9, these terms and conditions, together with our privacy and cookies policy, constitute the entire agreement between you and us in relation to your use of our website and Sport Equipment Rentals and supersede all previous agreements between you and us in relation to your use of our website.

26. Law and jurisdiction

26.1    These terms and conditions shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Alberta, Canada.

27. Statutory and regulatory disclosures

27.1    Our GST number is 81962-5120 RT0001.

28. Our details

28.1    This website is owned and operated by Nomad Mobile Gear Rental Ltd., 803 64 Ave. SE, Unit #1147, Calgary, AB T2H2C3.

28.2    You can contact us by writing to the business address given above, by using our website contact form, by email to info@nomadgearrentals.com or by telephone on +1.587.585.6531.