Supplier Terms and Conditions
Supplier Terms of Service
Overview
The following terms and conditions govern all use of the Bad Boy Go Kart website and app (“Site”) and all content, services, and products available at or through the Site and app (“Services”). Bad Boy Go Kart is owned and operated by ATGO Trailers Corp.. By accessing the Site or using the Services, you (“User” or “you”) agree and acknowledge to be bound by these Terms of Service (“Terms”). We reserve the right to change the Terms and recommend that Users periodically check this Site for changes.
Usage License
Bad Boy Go Kart grants you a limited license to access the Site and use the Services in accordance with these Terms and the guidelines posted on the Site. Bad Boy Go Kart reserves the rights to terminate your license to use the Site and Services at any time and for any reason.
Your Bad Boy Go Kart account and responsibility
If you create a Bad Boy Go Kart profile, you are solely responsible for your use of the Site and Services and all activities that occur under the account and any other actions taken in connection with the profile. Bad Boy Go Kart may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Bad Boy Go Kart liability. You must immediately notify Bad Boy Go Kart of any unauthorised uses of your profile, your account or any other breaches of security. Bad Boy Go Kart will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Content hosted by external services (“3rd-party data”) is fetched and processed by Bad Boy Go Kart, but is delivered by the originating external service. User data and 3rd-party data does not represent the advice, views, opinions or beliefs of Bad Boy Go Kart, and we make no claim of accuracy for any user data.
Username Conflicts
Bad Boy Go Kart has a zero tolerance policy for the practice of deliberately claiming a recognizable name which does not belong to the claimant (ie. “name squatting”). By registering a recognized name (e.g. that of a company, brand, celebrity, recording artist, or actor) you agree to forfeit that username should the rightful owner protest your claim.
Fees and payment
Some of the Services require payment of fees. All fees are stated in Canadian Dollars, US Dollars. Users shall pay all applicable fees, as described on the Site in connection with such Services. All fees are non-refundable unless expressly stated otherwise on the Site. All fee-based Services and are provided “AS IS” with no warranties of any kind. Bad Boy Go Kart may modify, update or revise such fee-based Services at its discretion.
Fees are payable in advance.
Intellectual Property (Trademarks & Copyrights)
This Agreement does not transfer from Bad Boy Go Kart to you any Bad Boy Go Kart or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Bad Boy Go Kart. Bad Boy Go Kart, the Bad Boy Go Kart logo, and the GoKart design are trademarks or trade dress of Bad Boy Go Kart, and may not be used without express written permission from Bad Boy Go Kart, other than for attribution. All other trademarks not owned by Bad Boy Go Kart that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Bad Boy Go Kart. We respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act).
Indemnification
You agree to indemnify and hold harmless Bad Boy Go Kart, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your or your customers use of the Site and app, including but not limited to your violation of this Agreement. Bad Boy Go Kart will not be held responsible for any loss of service that may be within or outside of Bad Boy Go Kart control.
You and solely you are responsible for the accuracy of all information you provide via the service and including and not limited to product information, product images, company information, delivery charges, profile settings including those relating to the submission of invoices or delivery notes relating to your company. Bad Boy Go Kart will not be held responsible for any errors in charging to your clients.
Privacy, Information Collection and Use
Your data is yours. You can permanently delete your account and all associated information by contacting us via the contact form provided on the Site or email contact@badboygokart.com. Your profile will be removed from the live site & databases within 30 working days.
When you create or reconfigure a Bad Boy Go Kart profile, your profile may be listed publicly on our Services, including on a directory page and in search results.
We collect and use your information to provide our Services and improve them over time. We do not disclose your private information except in the limited circumstances described here.
Your Consent: We may share or disclose your information with your consent, such as when you use a third party web client to access your Bad Boy Go Kart account.
Service Providers: We engage certain trusted third parties to perform functions and provide services to us. We may share your personal information with these third parties, but only to the extent necessary to perform these functions and provide such services, and only pursuant to obligations mirroring the protections of this agreement.
Law and Harm: We may disclose your information if we believe that it is reasonably necessary to comply with a law, regulation or legal request; to protect the safety of any person; to address fraud, security or technical issues; or to protect Bad Boy Go Kart's rights or property.
We may use your contact information to send you certain communications, such as service announcements and administrative messages. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on our web site.
We are registered with the ICO (The Information Commissioners Office as a Data Processor), and as such are committed to the Data Protection Act, to uphold all that is required to maintain our suppliers and their customers privacy.
No Warranty and Limitation of Liability
Bad Boy Go Kart PROVIDES THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. Bad Boy Go Kart SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, INFORMATION ACCURACY, INTEGRATION, INTEROPERABILITY OR QUIET ENJOYMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. You understand and agree that you use the Site and Services at your own discretion and risk and that you will be solely responsible for any damages that arise from such use. UNDER NO CIRCUMSTANCES SHALL GOKART BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER (HOWEVER ARISING, INCLUDING BY NEGLIGENCE), INCLUDING WITHOUT LIMITATION, DAMAGES RELATED TO USE, MISUSE, RELIANCE ON, INABILITY TO USE AND INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE OR SERVICES, DAMAGES INCURRED THROUGH ANY LINKS PROVIDED ON THE SITE AND THE NONPERFORMANCE THEREOF AND DAMAGES RESULTING FROM LOSS OF USE, SALES, DATA, GOODWILL OR PROFITS, WHETHER OR NOT GOKART HAS BEEN ADVISED OF SUCH POSSIBILITY. YOUR ONLY RIGHT WITH RESPECT TO ANY DISSATISFACTION WITH THIS SITE OR SERVICES OR WITH GOKART SHALL BE TO TERMINATE USE OF THIS SITE AND SERVICES. Some states do not allow the exclusion of liability for incidental or consequential damages, so the above exclusions may not apply to you.
Other
Bad Boy Go Kart and you are independent entities, and nothing in the Terms, or via use of the Site or Services, will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between Bad Boy Go Kart and you. These Terms supersede any previous agreement and represent the entire agreement between GoKart and you. These Terms are governed by the laws of Alberta without reference to conflict of laws principles. If any provision of the Terms is adjudged to be illegal or unenforceable, the continuation in full force of the remainder of the Terms will not be prejudiced, and the illegal or unenforceable provision of the Terms shall be severed accordingly. GoKart does not permit the sale of any illegal items, or items that may cause harm to children. If Bad Boy Go Kart is made aware of any such product, Bad Boy Go Kart reserves the right to, with immediate effect, remove the item from the site.