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Terms and Conditions

Terms and conditions

Higher Ground & Gear Exchange Ltd is doing business as « Higher Ground Sports » and is located at :

501 9th Ave North,

Box 1172

Golden, BC, Canada

V0A1H0

By using our website and/or booking rental winter and summer sports equipment through our website or telephone you agree to these General Terms and Conditions. The General Terms and Conditions may be subject to modifications. Your continued use of our website means you accept those modifications.

The content of this website may contain typographical errors or other errors or inaccuracies and may not be complete. We reserve the right to correct any errors, inaccuracies or omissions and to change and update this content at any time without prior notice. We do not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

We reserve the right, without prior notification to change any descriptions or images of, or reference to any product or services on our website, or to limit the order quantity on any such product or service to you. Descriptions or images of, or references to third party products or services do not necessarily imply that we endorse such products or services.

Users are responsible for the accuracy of the information they provide on our website. Inaccurate information may limit our ability to provide services and we are not responsible for any error resulting from inaccurate information provided by a user.

Verification of submitted data may be required prior to our acceptance of any reservation, purchase or order. Except as otherwise provided by law or as otherwise expressly stated by us, price, rate and availability of products or services are subject to change without notice.

General Terms and Conditions

1 Booking an equipment hire

1.1 Pick up and Return Policy

Our shop is open from
9am to 7pm from Monday to Saturday 10am to 6pm on Sunday and 11am to 5pm on statutory holiday. When renting winter gear (excluding fat bikes), the equipment MAY be collected the day before the first day of the rental period:

Between 5:00 and 6:00PM from Monday to Saturday
Between 4:00 and 5:00PM on Sunday
Between 3:00 and 4:00PM on statutory holiday
We are closed on Christmas and New Year day. No pick up or drop off possible.

***PIKING UP GEAR THE DAY BEFORE THE RENTAL PERIOD: IF THE EQUIPMENT WAS RENTED DURING THAT DAY, AVAILABILITY DURING PICK UP TIMES MAY VARY BECAUSE EQUIPMENT MIGHT NOT HAVE BEEN RETURNED YET ***

Any return of equipment made later than the planned return date/time on the confirmation, will entail further billing by Higher Ground Sports at regular rental prices. If you need to contact us outside the business hours, you can iMessage(text) us at highergroundms@icloud.com or email us at info@highergroundsports.ca. Reply time will vary depending on time of the day and shop managers availability.

1.2: Rental Equipment

All the equipment offered for rental is described on our site, with the understanding that customers are able to either book a category of equipment (standard offer) or a specific model, under conditions the client have completed all measurements information (height, weight, boots size) of the skier, splitboarder, nordic skier, snowshoer, stand up paddle boarder or mountain biker who booked a particular model of a specific equipment.

1.3: Rental fees

Rental fees vary based on the category of equipment booked and the rental period. Prices doesn’t include sales taxes.

1.4: Payment method

Financial costs (bank charges in connection with the exchange rate, banking commission for payment transactions made outside the territory where the card was issued, and other banking commissions) that may be tied to payments by credit/debit card will remain the customers’ responsibility.

When making payment, customers are automatically connected to the payment processing centre’s server. Data, protected by encryption, do not transit through our systems and are therefore not stored by us in anyway.

1.5: Final Order

An order is considered final when payment in full is received by us in accordance with the above procedures and an electronic confirmation is issued to the customer. Customer is required to print and present the confirmation to the shop.

1.6: Pre-Authorization (damage deposit)

A credit card pre-authorization is much like any other charge to a credit card, except instead of actually debiting funds from the cardholder we just put a temporary “hold” on the funds that lasts for at least 5 days. The funds will be released automatically by the purchaser’s financial institution. Some financial institutions will hold the funds for longer and it is the purchaser’s responsibility to contact their financial institution (credit card provider) for any additional details.

A Pre-Authorization (Damage Deposit) MUST BE PUT on a Credit Card (Visa/MasterCard/American Express). We DO NOT accept debit for damage deposits. We accept Cash, Debit, Visa, MasterCard, for payments. The damage deposit amounts are sent along with the confirmation email.

2: Making available and returning the rental equipment – Rental Period

Winter Gear

When renting winter gear (excluding fat bikes), the equipment can be collected the day before the first day of the rental period between 5:00PM and 6:00PM and returned at the end of the last day of the rental period (before the store closes). Any return of equipment made after the store opening hours at the confirmed and planned return date, will entail the billing by Higher Ground Sports at regular rental prices. All rented winter gear must be returned in the evening at least 30 minutes before the shop closes for storage and tuning.

Summer Gear

When renting summer gear the equipment can be collected the day of the rental period after 9:00am from Monday to Saturday, after 10am on Sundays and after 11am on Statutory Holidays and returned at the end of the day or the last day of the rental period (before the store closes). Any return of equipment made after the store opening hours at the confirmed and planned return date, will entail the billing by Higher Ground Sports at regular rental prices. All rented summer gear must be returned in the evening at least 30 minutes before the shop closes for storage and tuning. Please rinse bikes before returning them.

For reservations made less than 48 hours in advance shops will do their utmost to ensure that equipment is ready, but this cannot be guaranteed in all cases.

Important:

Valid identification, proof of age will be required for all rentals.

The rented winter or summer sport equipment become the full responsibility of the customers as soon as collected by them. The customer shall ensure its conservation and shall make use of it with due care at all times. Taking possession of the rented equipments remains the responsibility of the customer.

In case of late collection of the rented equipments, the customer shall inform the shop as soon as possible. It will be the shop manager discretion to assess the situation and make the decision to keep, or not, the booked equipment at the customer’s disposal for 24 hours. Passed this time, the equipments shall be made available for renting again, without compensation to the customer.

The rented equipments shall be returned to Higher Ground Sports where they were collected. Failure to return the rented equipment – regardless of the reason – will result in the Dealer billing the customer for the full value of the equipment at its public price as new, in addition, to the cost of the rental.

3: Use of the hired equipment

The rental equipment is for the customer’s personal use only. No possibility of subletting or lending even gratuitous use by other is permitted.

The customers are the sole judge of their ability to use the rented equipment. The customer attests to be able to use the rented equipment and pledges to use it cautiously, at no risk for third parties in accordance to the regulations in force.

All rental equipment is in good condition and shall be returned as such. The equipment being numbered or marked shall be returned with the same numbers and the same mark. Any damage – regardless of the cause – will require direct payment to Higher Ground & Gear Exchange Ltd for the repair or replacement cost of up to the price of new equipment plus any labor cost required, in addition to the cost of hire.

4: Availability of the equipment for rent

Higher Ground & Gear Exchange Ltd shall not be held liable for delays in the availability of the rented equipment – delays due to circumstances beyond their control – notably in case of an accident ; delays in the return of previously rented equipments ; modification of regulation; force majeure, strikes, etc.

In such circumstances, Higher Ground & Gear Exchange Ltd will do their best to make available to the customer an equipment of equal or higher quality according to availability at the Dealer.

5: Equipment Damage

When making the reservation, the customer can insure the rental equipment against damage (partial damage to the rented equipment). Theft, loss, total or unusable equipment under normal circumstances will not be covered by this insurance. The cost of this guarantee depends on the category of the equipment reserved by the customer and the rental period chosen

Customer’s obligations in case of loss: In case the rental equipment is stolen, the customer will forward a receipt of the theft report made to the relevant authorities (the police for example) to the shop where the equipment was hired. In the event of damage to the rental equipment, the customer will bring the damaged equipment back to the shop where it was hired.

6: Cancellation Policy

All cancellation of hire until 6-5 days (included) before the beginning of the hire will result in the refund of the rental and the Ski Equipment Damage and theft guarantee if taken previously, less a 25% cancellation fee (of total amount without tax).

All cancellation of hire between 4 and 3 days (included) before the beginning of the hire will result in the refund of the rental and the Ski Equipment Damage and theft guarantee if taken previously, less a 50% cancellation fee (of total amount without tax).

Passed 3 days before the beginning of the hire, no cancellation shall be authorized and no refund shall be claimed.

Rescheduling 48hrs or less before time of booking will be charged 15$

6.1: Cancellation after collecting the equipment

The equipment rented and returned before the end of the rental period will be entitled a refund of 30% of the cost (excluding taxes) for the remaining days left on the rental period. In this case, the refund will be made by crediting the card used for the transaction.

7: Disclaimers

We provide this website, the site materials, and any product or service obtained through or in connection with this website on an “as is” and “as available” basis without representations or warranties of any kind, either express or implied, unless otherwise expressly provided in a written, agreement with us to which you are a party with regard to a particular product or service.

To the fullest extent permissible pursuant to applicable law, we and our affiliates, licensees, suppliers, advertisers, and agents disclaim all warranties, express or implied, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose, and non infringement, unless otherwise expressly provided in a written agreement with us to which you are a party with regard to a particular product or service, we and our affiliates, licensees, suppliers, and agents do not warrant that your use of this website or the site materials will be uninterrupted, error-free, or secure, that defects will be corrected, or that this website (or the server(s) on which it is hosted) or related software are free of viruses or other harmful components..

No opinion, advice, or statement of us or our affiliates, licensees, suppliers, agents, or visitors, whether made on this website, in the site materials, or otherwise, shall create any warranty, unless otherwise expressly provided in a written agreement with us to which you are a party with regard to a particular product or service. Your use of this website is entirely at your own risk.

8: Limitation of Liability

Higher Ground & Gear Exchange Ltd shall not be liable to customers for any indirect, incidental, special, consequential or punitive damages howsoever arising and Higher Ground & Gear Exchange Ltd’s liability to customers shall not exceed the amount paid by customers for the services in question.

9: Indemnification

Without limiting the generality or effects of other provisions of these General Terms and Conditions, you agree to indemnify, hold harmless and defend us, or our affiliates, licensee, suppliers and agents, and each of their officers, directors and employees, from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) your breach or alleged breach of these General Terms and Condition or (b) your use of our website and engagement in transactions on this website.

10: Void where prohibited

Although our website is accessible worldwide, not all products or services discussed or referenced or our website are available to all persons in all geographic locations or jurisdictions.

In addition, restrictions may apply to use of products or services obtained in one jurisdiction to other jurisdictions. Those who choose to access this website do so at their own risk and are responsible for compliance with their local laws if and to such extent those laws are applicable.

We and our affiliates, licensee, suppliers and agents, reserve the right to limit the availability of this website and/or the provision of any product or service to any person, geographic area and or jurisdiction we and they so desire, at any time and in our or their sole discretion.

11: Personal Data

The customer must refer to the section « Privacy policy » below.

12: Applicable Jurisdiction

In case of a dispute arising out of or relating to this agreement, and failure to an out-of-court settlement, the dispute shall be resolve by the competent Court according to the applicable procedure rules:

For all rental

British-Columbia Law shall be the sole applicable to any dispute of any kind whatsoever and the British-Columbia Courts shall be of exclusive jurisdiction.

Privacy Policy highergroundsports.ca

This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally identifiable information’ (PII) is being used online. PII, as used in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

What personal information do we collect from the people that visit our blog, website or app?

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information, some body measurements (height, weight, feet size), age, riding experience that are required to set up specific rental equipment.

When do we collect information?

We collect information from you when you register on our site, place an order, fill out a form or enter information on our site.

How do we use your information?

We may use the information we collect from you when you register, make a purchase, surf the website, or use certain other site features in the following ways:

• To personalize user’s experience and to allow us to deliver the type of content and product offerings in which you are most interested.

• To quickly process your transactions.

• To help us set up the rental equipement.

How do we protect visitor information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.

We implement a variety of security measures when a user places an order enters, submits, or accesses their information to maintain the safety of your personal information.

All transactions are processed through a gateway provider and are not stored or processed on our servers.

Do we use ‘cookies’?

We do not use cookies for tracking purposes

You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.

If you disable cookies off, some features will be disabled that make your site experience more efficient and some of our services will not function properly.

However, you can still place orders.

Third Party Disclosure

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.

Third party links

We do not include or offer third party products or services on our website.

California Online Privacy Protection Act

CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require a person or company in the United States (and conceivably the world) that operates websites collecting personally identifiable information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals with whom it is being shared, and to comply with this policy. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf

According to CalOPPA we agree to the following:

Users can visit our site anonymously

Once this privacy policy is created, we will add a link to it on our home page, or as a minimum on the first significant page after entering our website.

Our Privacy Policy link includes the word ‘Privacy’, and can be easily be found on the page specified above.

Users will be notified of any privacy policy changes:

• On our Privacy Policy Page

Users are able to change their personal information:

• By emailing us

• By calling us

• By logging in to their account

How does our site handle do not track signals?

We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.

Does our site allow third party behavioral tracking?

It’s also important to note that we do not allow third party behavioral tracking

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under 13, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, the nation’s consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under 13.

Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:

We will notify the users via email

• Within 7 business days

We will notify the users via in site notification

• Within 7 business days

We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.

CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:

To be in accordance with CANSPAM we agree to the following:

If at any time you would like to unsubscribe from receiving future emails, you can email us at

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy you may contact us using the information below.

Higher Ground & Gear Exchange Ltd

Box 1172

Golden, British-Columbia V0A1H0

Canada

info@highergroundsports.ca

Last Edited on 2017-11-07