Terms & Conditions

TERMS OF SERVICE

Last updated May 22, 2025

AGREEMENT TO OUR LEGAL TERMS

We are Birch & Bandwidth Rentals o/a Birch Rentals ("Company," "we," "us," "our"), a company registered in Canada at 87 Quarry Park Rd SE, Calgary, Alberta T2C5V7.

We operate the website http://www.birchbandwidth.ca (the "Site"), as well as any other related products and services that refer or link to these legal terms (the "Legal Terms") (collectively, the "Services").

We provide outdoor rental services including Starlink satellite internet, power banks, tents, coolers, and other camping-related goods.

You can contact us by phone at 587 843 6089, email at team@birchbandwidth.ca, or by mail to 87 Quarry Park Rd SE, Calgary, Alberta T2C5V7, Canada.

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you"), and Birch & Bandwidth Rentals, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Legal Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Legal Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Legal Terms by your continued use of the Services after the date such revised Legal Terms are posted.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to register for the Services. Users under 18 may use the services with parental consent.

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties around the world.

The Content and Marks are provided in or through the Services "AS IS" for your personal, non-commercial use only.

Your use of our Services

Subject to your compliance with these Legal Terms, including the "PROHIBITED ACTIVITIES" section below, we grant you a non-exclusive, non-transferable, revocable license to:

• Access the Services; and
• Download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use.

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: team@birchbandwidth.ca. If we ever grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content.

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks.

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will terminate immediately.

Your submissions

Please review this section and the "PROHIBITED ACTIVITIES" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services.

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own this Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

You are responsible for what you post or upload: By sending us Submissions through any part of the Services, you:

• Confirm that you have read and agree with our "PROHIBITED ACTIVITIES" and will not post, send, publish, upload, or transmit through the Services any Submission that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;
• To the extent permissible by applicable law, waive any and all moral rights to any such Submission;
• Warrant that any such Submission is original to you or that you have the necessary rights and licenses to submit such Submissions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions; and
• Warrant and represent that your Submissions do not constitute confidential information.

You are solely responsible for your Submissions, and you expressly agree to reimburse us for any losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

3. EQUIPMENT RENTAL TERMS

These terms apply to all equipment rentals and are incorporated into these Legal Terms.

Agreement to Rental Terms

By renting equipment from us, you agree to comply with these terms. Continued use of rental services constitutes acceptance of updated terms.

Rental Period

• Begins at the reservation time and ends when equipment is returned during business hours.
• A rental period is based on 24 hour blocks, including the date of pickup and return.
• Extensions require prior written approval.

Use of Equipment

You agree to:

• Use equipment solely for its intended purpose.
• Operate all equipment safely and legally.
• Never modify, disassemble, or alter equipment.
• Not sublease or lend equipment without written consent.

Damage and Loss

You are responsible for:

• All damage, loss, or theft (excluding normal wear).
• Repair/replacement fees per our Damage Policy.

Prohibited Uses

Equipment may NOT be used:

• For illegal activities or in violation of laws.
• By unauthorized individuals.
• Outside continental USA/Canada without approval.

Governing Law

Governed by the laws of Canada and Alberta (see Section 15).

Limitation of Liability

We are not liable for indirect, incidental, special, or consequential damages arising from equipment use.

Entire Agreement

These terms + main Legal Terms = complete rental agreement.

4. PROHIBITED ACTIVITIES

All sales are final, and no refund will be issued.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data to create collections/databases without permission.
• Trick, defraud, or mislead users or us.
• Circumvent security features of the Services.
• Disparage or harm our reputation.
• Use information to harass, abuse, or harm others.
• Misuse support services or submit false reports.
• Use Services inconsistently with laws/regulations.
• Engage in unauthorized framing/linking.
• Upload viruses or disruptive material.
• Use automated systems/data mining tools.
• Remove copyright notices.
• Impersonate other users.
• Upload spyware/tracking mechanisms.
• Overburden Services/networks.
• Harass our employees/agents.
• Bypass access restrictions.
• Copy/adapt Services’ software/code.
• Reverse engineer software (except as permitted by law).
• Distribute unauthorized automated systems.
• Use buying agents for purchases.
• Collect user data for spam/unauthorized accounts.
• Use Services to compete with us.
• Sell/transfer your profile.
• Advertise goods/services.

5. USER GENERATED CONTRIBUTIONS

The Services do not offer users the ability to submit or post content. We may provide opportunities to create or broadcast content ("Contributions"). When you create Contributions, you represent and warrant that:

• They do not infringe third-party rights.
• You own/have licenses for all content.
• You have consent for use of identifiable persons.
• They are not false/misleading.
• They are not unauthorized advertising/spam.
• They are not obscene/violent/harassing.
• They do not ridicule/mock/abuse others.
• They do not promote violence.
• They comply with all laws.
• They respect privacy/publicity rights.
• They protect minors' well-being.
• They include no offensive discriminatory comments.

We may remove Contributions violating these terms. You retain ownership of Contributions but exonerate us from liability related to them.

6. THIRD-PARTY WEBSITES AND CONTENT

Services may contain third-party links/content. We do not monitor or endorse these. Access them at your own risk. We are not responsible for:

• Accuracy/offensiveness of third-party content.
• Privacy practices of third parties.
• Purchases made through third-party sites.

You agree to hold us blameless for any harm from third-party interactions.

7. TERM AND TERMINATION

These Legal Terms remain effective while you use Services. We may deny access or terminate accounts without notice for breaches of terms or applicable laws. Terminated users may not create new accounts. We reserve the right to pursue legal action for violations.

8. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to modify/discontinue Services without notice. We are not liable for unavailability, downtime, or related losses. We have no obligation to update Services or provide corrections.

9. LIMITATIONS OF LIABILITY

We are not liable for direct/indirect damages from Service use (e.g., lost profits, data loss). Our maximum liability is limited to amounts you paid us. Some jurisdictions may not allow these limitations.

10. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting Services/sending emails constitutes electronic communication. You consent to electronic agreements/records and waive requirements for non-electronic signatures/records.

15. GOVERNING LAW

Governed by Canadian laws. Disputes resolved exclusively in Canadian courts.

16. DISPUTE RESOLUTION

Disputes require 30-day informal negotiation before binding arbitration in Calgary, Canada. Class actions are prohibited. Exceptions: IP disputes, theft claims, or injunctive relief.

17. CORRECTIONS

We reserve the right to correct errors/omissions in Services without notice.

18. DISCLAIMER

SERVICES PROVIDED "AS-IS." WE DISCLAIM ALL WARRANTIES (INCLUDING MERCHANTABILITY/FITNESS). NOT LIABLE FOR:

• INACCURACIES
• INJURY/DAMAGE FROM SERVICE USE
• UNAUTHORIZED DATA ACCESS
• SERVICE INTERRUPTIONS
• MALWARE TRANSMISSION
• CONTENT ERRORS

19. LIMITATIONS OF LIABILITY

We are not liable for direct/indirect damages from Service use (e.g., lost profits, data loss). Our maximum liability is limited to amounts you paid us. Some jurisdictions may not allow these limitations.

20. INDEMNIFICATION

You agree to defend/indemnify us against third-party claims arising from:

• Service use
• Breach of Legal Terms
• Violation of third-party rights
• Harmful acts toward other users

21. USER DATA

You are solely responsible for data you transmit. We are not liable for data loss/corruption.

22. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting Services/sending emails constitutes electronic communication. You consent to electronic agreements/records and waive requirements for non-electronic signatures/records.

23. MISCELLANEOUS

These terms constitute the entire agreement. Failure to enforce rights is not a waiver. Unenforceable provisions are severable. No agency/partnership is created.

24. CONTACT US

For complaints or information:
Brendan Armstrong
7515 84St SE
Calgary, Alberta T2C4Y1
Canada
Phone: 587 843 6089
Email: team@birchbandwidth.ca