Fernie's Award-Winning Outdoor Sports Store
BC's #1 Rocky Mountain Bicycle Dealer
Locally owned and operated in Fernie BC
Find Canada's Best Deals on Gear!

Terms of Use & Conditions

 

 

Conditions of access

Welcome to the GearHub website and Online Store.  We invite you to read these terms and conditions carefully before consulting this website. By accessing and using the GearHub website, you confirm your acceptance of these terms and conditions of use and your undertaking to comply with them.  By extension, by perusing and completing transactions through our website, you, the user, agree to our terms and conditions. All orders and purchases made through this site are also governed by these terms and conditions.  

 

 

Amendment of Terms and Conditions

At any time and without prior notice, these terms and conditions may change at our discretion.  We may change or update information on this website at any time without notice, including prices and item availability.

 

 

Discretion and Force Majeure

We may correct errors, inaccuracies, change or update information on this website at any time without notice; this includes prices and item availability. All sizes and weights quoted are approximate and are reflective of each brand’s size charts/quoted weights. All prices listed are in Canadian dollars (unless user preferences are changed to reflect their country/currency) and all charges will be processed in Canadian dollars. All prices listed on this site are subject to confirmation at checkout, therefore, you agree to pay all charges payable for your order. We reserve the right to limit the quantity of items that you may buy.  We also reserve the right to cancel orders at our discretion should any attenuating, unforeseen circumstances arise.

 

Shipping times will vary according to modalities, timelines and carriers chosen at checkout.  Items will be delivered in correlation to commercial standards. We are not responsible for delivery delays beyond our control and all items are delivered by a third party, and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses. If GearHub Sports’ performance of any of its obligations stipulated herein or if your order is delayed due to an event of force majeure or for any other reason beyond GearHub's control, the date of performance shall then be extended by a period equal to the delay.

 

 

Eligibility, Registration and Account

Our website is not targeted towards, nor intended for use by, anyone under the age of 13. By using our website, you represent and warrant that you are 13 years of age or older. If you are not at least 18 years of age, do not access, use or register for an account on the https://gearhub.ca/. In addition, you may not make a purchase from our website unless you are at least 18 years of age. You also represent and warrant that you (a) have not previously been suspended or removed from the Sites; (b) do not have more than one Site account; and (c) that you have full power and authority to enter into this agreement and in doing so will not violate any other agreement to which you are a party.  In order to create a profile on the https://gearhub.ca/, you will need to register for an account. When registering for an account, you cannot create a screen name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim screen names on behalf of businesses or individuals that hold legal claim, including trademark rights, in those screen names. In consideration of your use of the Sites, you agree to (a) provide accurate, current and complete information; (b) maintain and promptly update your account information; (c) maintain the security of your account credentials; (d) not share your account credentials with others; and (e) promptly notify GearHub if you discover or otherwise suspect any security breaches related to the Sites.

 

 

Liability

This website is being accessed and used at your own risk. Though reasonable efforts have been made to ensure the website is current and contains no inaccuracies or errors, no guarantees are made that the website’s content will be error-free, accurate, complete or current at all or any times. When a mistake is noticed, we will correct it as soon as possible and make reasonable efforts to notify affected users. This may mean that orders not yet shipped may be cancelled under attenuating circumstances.

We are not responsible for lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable connections, failed, incomplete or delayed transmissions, online failures, hardware, software, or other technical malfunctions or disturbances, whether or not these circumstances affect, disrupt, or corrupt communications.  The GearHub assumes no liability for any damages or injury, loss or claim, including any business interruption, lost profits, loss of software, data or programs, including legal costs and all the related expenses, arising directly or indirectly from (a) access to this Website or the use thereof, or inability to access it, (b) the purchase or use of goods or services offered by the GearHub. We will not under any circumstances be held liable for any damages whatsoever caused to your computer, the data contained thereon or its peripheral devices. The GearHub revokes all such liability, including any liability for any delays or any failure in data transmission.

 

 

Copyright Considerations

All textual and graphic content on this site, its organization and presentation, and our organization and domain name are our property and are consequently copyrighted by us. The materials on this site may not be copied, reproduced, posted, or republished in any way.  You may print the pages of this Website for your private and non-commercial use at home provided that the notes on copyright and the materials remain unchanged, and provided that these terms and conditions of use are complied with, including the laws governing intellectual property rights. You are not authorized to reproduce, print, store, re-edit, change, download, sell or otherwise copy the contents of this Website or any element thereof, whether in whole or in part, for any other reason or for purposes of publication, dissemination or sale, on any medium or in any format whatsoever, whether already invented or invented in the future, without obtaining prior written authorization from GearHub Sports. No material, excerpt, quotation, passage or text in this Website shall be construed as constituting or creating a license or any right of use or reproduction of any element whatsoever of this Website. Be advised that GearHub Sports will fully enforce its intellectual property rights.

The trademarks, logos, and service marks displayed on this site are registered and unregistered trademarks of GearHub Sports, therefore your own use of them is prohibited.

Images of people used on this site are used with permission or in accordance with applicable law. Any use of them without permission may violate the privacy and publication rights of those persons.

 

Using Linked Content

This site sometimes provides links to other websites. Other websites are independent of the GearHub and therefore we have no control over and no liability for those websites, their content, or their use. We provide these links for your convenience and informational reference and you decide to access them at your own risk.

 

User-Provided Content

By submitting content, users inherently affirm that they have full right and authority to submit that content and that they have sole copyright and proprietary rights over that content. All users may not contribute, post or transmit unsavoury, unlawful, defamatory, or threatening material, that which would constitute or encourage criminal offences, or violate any law. If you decide to publish a product or store review, you agree to state your opinions lawfully, honestly, in good faith and to reveal to others any conflict of interest or relationship that might influence your views (e.g., if someone is paying or giving you something for free to encourage you to comment, you agree to make appropriate disclosures). All Product Reviews are strictly the opinion of the user posting such reviews, and the GearHub does not endorse or approve any such reviews or have any responsibility or liability for the accuracy, appropriateness or content of such reviews. We reserve the right not to publish or to remove any content deemed inappropriate for any reason.

 

 

Contests

Any in-store contests that you enter via this Website or via a social media platform administered by the GearHub are governed by these terms and conditions of use, by the contest rules, and by the applicable laws. By entering any such contest, you agree to be bound by these terms and conditions of use, by the contest rules and by the applicable laws.  Please also consult our Privacy Policy regarding your personal information and contests.

 

 

Privacy

Your consent to the use of the personal information you provide to GearHub Sports is outlined in our Privacy Policy.

 

 

Safety and Product Assembly

Outdoor adventure products offered in GearHub stores or on this Website have inherent safety risks if they are not properly handled or used. We recommend that you exercise care and read all safety instructions carefully that may exist for using the product offered in pursuing your outdoor activities.  GearHub Sports is not responsible for any injury or loss due from use and misuse of sold or rented equipment.

Unless the Contract includes Installation/Assembly/Repair Services (and then only to the extent as set out in the Order), the GearHub shall not be responsible for assembling and/or installing the Goods.

 

 

Prohibited Activities

We at the GearHub adhere to a standard of excellence, abide by a code of honour and anticipate no less from our customers.  Users are PROHIBITED from engaging in the following activities on our website:

 

  • Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

  • Use a buying agent or purchasing agent to make purchases on the Site
  • Use the Site to advertise or sell goods and services
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use
  • Engage in unauthorized framing of or linking to the Site
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
  • Make improper use of our support services, or submit false reports of abuse or misconduct
  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
  • Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site
  • Attempt to impersonate another user or person, or use the username of another user
  • Sell or otherwise transfer your profile
  • Use any information obtained from the Site in order to harass, abuse, or harm another person
  • Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise
  • Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site
  • Attempt to access any portions of the Site that you are restricted from accessing
  • Harass, annoy, intimidate, or threaten any of our employees, agents, or other users
  • Delete the copyright or other proprietary rights notice from any of the content
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism
  • Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
  • Use the Site in a manner inconsistent with any applicable laws or regulations
  • Threaten users with negative feedback or offering services solely to give positive feedback to users
  • Misrepresent experience, skills, or information about a User
  • Advertise products or services not intended by us

 

 

Governing Law and Jurisdiction

Use of and orders placed on this website are governed by the laws and the courts of the province of British Columbia, the laws of your province of residence and by the applicable laws of Canada. You are also responsible for complying with these laws. You agree that any breach or violation of these terms and conditions of use will give rise to an obligation on your part to indemnify the GearHub from any direct, indirect or consequential damages, including any business interruption, lost profits, loss of software, data or program, as well as the legal costs and all related expenses, caused by the said breach or violation, or resulting therefrom.

Users agree that any dispute concerning these terms and conditions or any order placed on this Website is governed by the laws of British Columbia and the parties agree to submit any such dispute to the exclusive jurisdiction of the courts of the province of British Columbia.  

 






Fernie's Award-Winning Outdoor Sports Store
BC's #1 Rocky Mountain Bicycle Dealer
Locally owned and operated in Fernie BC
Find Canada's Best Deals on Gear!