WEBSITE AGREEMENT AND CONDITIONS OF USE
Welcome to BadBoy.ca. Please read this Website Agreement carefully as it governs your use of the BadBoy.ca website, exempts Bad Boy and other persons from liability or limits their liability, and contains other important provisions that you should read.
ACCEPTANCE OF THIS WEBSITE AGREEMENT
Use of this Website at any time signifies your acceptance and agreement, of yourself or any person you purport to represent, to be bound by these Conditions of Use as they then read, and you represent and warrant that you have the legal authority to agree to and accept these Conditions of Use on behalf of yourself and any person you purport to represent. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND BAD BOY. IF YOU DO NOT AGREE WITH THE PROVISIONS OF THESE CONDITIONS OF USE, OR IF YOU ARE NOT AUTHORIZED TO AGREE TO AND ACCEPT THESE CONDITIONS OF USE ON BEHALF OF THE PERSON YOU PURPORT TO REPRESENT, DO NOT ACCESS OR USE THE WEBSITE.We encourage you to review these Conditions of Use each time you visit the Website.
CHANGES TO THESE CONDITIONS OF USE
Bad Boy may, in its sole discretion, change these Conditions of Use from time to time as they relate to future use of the Website, by posting revised Conditions of Use on the Website. BY USING THE WEBSITE AFTER REVISED CONDITIONS OF USE HAVE BEEN POSTED, YOU SIGNIFY YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THE REVISED CONDITIONS OF USE. You may not change these Conditions of Use in any manner. We encourage you to review these terms and conditions each time that you use the Website
OWNERSHIP AND PERMITTED USE OF THE WEBSITE
Your use of the Website does not transfer to you any ownership or other rights of the Website or its content.
The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in these Conditions of Use and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content including without limitation all logos, text, graphics, images, photographs, derivative works, and other materials, and the collection, organization, arrangement, and assembly thereof (collectively, the "Content"), is the property (either owned or under right to use) of Bad Boy and is protected by Canadian and international copyright, trademark, and other laws, and may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Bad Boy. You may not sell or resell any part of the Website or access to the Website. You may not use any software that is used in the operation or provision of the Website except while you are using the Website in accordance with these Conditions of Use.
You are prohibited from violating or attempting to violate the security of the Website including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus, cancelbot, Trojan horse, worm, or other harmful or disruptive component to the Website, overloading, "flooding", "spamming", "mail booming" or "crashing". Violations of any system or network security may result in civil or criminal liability. Bad Boy will investigate occurrences which we suspect may involve such violations and may involve and co-operate with law enforcement authorities in investigating such occurrences and/or prosecuting users who are involved in such violations.
You may not use the Website in order to transmit any content or information, or modify, copy, tamper with, distribute, collect, store or destroy material: (a) in violation of any applicable laws, rules, or regulation; (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Bad Boy or any other person, or that will violate the privacy, publicity, or other personal rights of others; or (c) that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable. You may use the Website only for lawful purposes and in compliance with these Conditions of Use.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
Bad Boy endeavors to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. Bad Boy cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. Bad Boy does not warrant that the Content, is accurate or complete.
The Content is provided for informational purposes only, and is not binding on Bad Boy in any way except to the extent that it is specifically indicated to be so. Bad Boy reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
The product descriptions provided in the pages of this Website are provided strictly for your convenience and are for informational purposes only. Although we believe that these product descriptions are correct, and we attempt to keep the information in the pages of this Website current, the product descriptions have been provided to us by the manufacturers of the products, and we do not warrant the accuracy, completeness or currency of the product descriptions or of any information in these pages.
COLOUR OF PRODUCTS
We have made every effort to display as accurately as possible the colors of products that appear on this Website. However, as the actual colors you see will depend on your device, we cannot guarantee that your device display of any color will be accurate.
Bad Boy may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, downloading and use of the software is governed by the applicable Transaction Agreement and the Software License Agreement specific to the software. By downloading software, you are agreeing and accepting the applicable Transaction Agreement and Software License Agreement.
DISCLAIMERS, LIABILITY EXCLUSIONS / LIMITATIONS AND INDEMNITY
Your access to and use of the Website is at your own risk. The Website and the information contained on this Website and any references to products or services are provided on an "as is" and "as available" basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, availability, fitness for a particular purpose, merchantability, performance or durability, all of which are disclaimed by Bad Boy to the fullest extent permitted by law. Bad Boy also does not warrant or represent that your use or access to the Website will be uninterrupted, error-free, or secure, that defects will be corrected, or that the Website or any Other Site (as defined below) is free of computer viruses or other harmful components, including viruses, worms, and trojan horses. You (and not Bad Boy) assume the entire cost of all necessary servicing, repair or correction that is required as a result of your use of the Website or any Other Site.
Bad Boy reserves the right to seek all remedies available to it at law, equity, and otherwise for violations of these Conditions of Use.
Bad Boy and its providers, or their respective directors, officers, employees, or agents, are not liable to you or any other person for any direct, indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Website, including access to or use of the Site or any Other Sites (as defined below) or these Conditions of Use, or arising in any way out of the inability to use the Website or any of the Other Sites or their contents, including but not limited to loss of data, business, markets, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability (whether in contract, tort, strict liability or any other theory or law or equity), regardless of any negligence or other fault or wrongdoing (including without limitation gross negligence and fundamental breach) by Bad Boy or any person for whom Bad Boy is responsible, and even if Bad Boy or an authorized representative is or has been advised of the possibility of such loss or damage being incurred. Bad Boy reserves the right to seek all remedies available to it at law, equity, and otherwise for violations of these Conditions of Use.
Acknowledgement and Exclusion by Statute in certain Jurisdictions
The exclusion of certain warranties and the limitation of certain liabilities are prohibited in some jurisdictions. These statutory prohibitions may apply to you. The preceding paragraphs operate to the extent permissible by law.
You agree to indemnify, defend and hold harmless Bad Boy and its officers, directors, employees, agents, partners, affiliates, representatives, successors and assigns from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable lawyers' fees), actions or demands arising directly or indirectly out of (i) your use of or connection to the Website or the content therein, (ii) your activities in connection with the Website, (iii) your breach of these Conditions of Use, including your violation of, or failure to perform you obligations under these Conditions of Use, (iv) your failure to comply with any applicable laws or regulations, or (v) your violation of any rights of a third party.
OTHER SITES / RESOURCES
For your convenience, the Website may include links, references to other Internet sites or resources and businesses operated by other persons (collectively "Other Sites"). Other Sites are independent from Bad Boy, and Bad Boy has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Bad Boy does not sponsor or endorse Other Sites or their business, goods, services, or content, unless expressly indicated in writing. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and Bad Boy is not responsible for, you will not make any claim against Bad Boy arising from, connected with, or relating to, your use of Other Sites or your dealings with the owners or operators of Other Sites. As between you and Bad Boy, these Conditions of Use, with all necessary modifications, apply to your access and use of any Other Sites and their business, goods, services and content. You may also be subject to, and are solely responsible for complying with, any additional terms and conditions associated with the use of the Other Sites. Any such terms and conditions do not in any way modify your obligation to comply with the Conditions of Use.
THIRD PARTY ADVERTISING
Bad Boy may, in its sole discretion, post advertisements, and other promotional materials of third parties on the Website ("Third Party Material"). Third Party Material is not investigated, monitored or checked for accuracy, appropriateness or completeness by Bad Boy, and Bad Boy is not responsible for any Third Party Material. Your correspondence or dealings with these third parties found on the Website are solely between you and such third party. You agree that Bad Boy shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as a result of their presence. Moreover, Bad Boy shall not be responsible or liable for the statements or conduct of any third party on the Website. With regard to services or products purchased or obtained by you from someone other than us, we make no representation or warranty of merchantability or fitness for a particular purpose with regard to such services or products, and we hereby specifically disclaim any and all express and implied representations and warranties of any nature whatsoever as to such services and products.
These Conditions of Use are effective until terminated by Bad Boy. Notwithstanding any other provision of these Conditions of Use, Bad Boy may in its sole discretion change and for any reason, discontinue, modify, restrict, suspend or terminate the Website or any part of it without any notice or liability to you or any other person. Bad Boy may in its discretion and for its convenience at any time immediately terminate, temporarily or permanently, these Conditions of Use or your or any individual's permission to access and use some or all of the Website or any feature of the Website without any notice or liability to you or any other person. If these Conditions of Use are terminated, you are no longer authorized to access the Website and you must destroy all materials obtained from the Website.
If these Conditions of Use or your permission to access or use all or any part of the Website is terminated for any reason, then the restrictions imposed upon you by these Conditions of Use, as well as all disclaimers, indemnities, and limitations of liability set forth in these Conditions of Use, shall survive termination of these Conditions of Use. All other then existing agreements between you and Bad Boy will continue to apply and be binding upon you regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom.
Bad Boy shall not be liable, obligated or otherwise responsible to you or any party for damages arising from the termination of these Conditions of Use, the Website, or your or any individual's permission to access and use some or all of the Website, and Bad Boy shall not be liable for any damages arising from such termination.
These Conditions of Use , and all matters relating to your use of the Website, and any dispute that you may have with Bad Boy, shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to conflict of law provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or related to these Conditions of Use or use of the Website must be brought in Toronto, Ontario, Canada and you irrevocably consent to the exclusive jurisdiction of the courts of Ontario, Canada.
These Conditions of Use constitute the entire agreement between you and Bad Boy with respect to the subject matter hereof, and supersede all previous agreements between you and Bad Boy with respect to the subject matter hereof. The Conditions of Use may only be amended by express written agreement between you and Bad Boy. If any provision of these Conditions of Use is held to be invalid or unenforceable for any reason, then the provision will be deemed to be severed from these Conditions of Use and the remaining provisions will continue in full force and effect.
These Conditions of Use inure to the benefit of and are binding upon each of Bad Boy and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. You may not assign these Conditions of Use or the rights and obligations under these Conditions of Use. Bad Boy may assign these Conditions of Use and its rights and obligations under these Conditions of Use without your consent.
No consent or waiver by Bad Boy of any breach or default by you or any other party in its performance of its obligations under these Conditions of Use will be: (a) deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party; or (b) effective unless in writing and signed by all parties.
LOWEST PRICE GUARANTEED
BAD BOY PRICE MATCH POLICY / PRICE PROTECTION POLICY
Bad Boy will price match any authorized local Canadian dealer's advertised price of the same brand, make, and model of a product, provided that such product is being sold in new, factory-sealed condition (subject to manufacturer's applicable warranty within Canada), and is sold under the same terms and conditions that Bad Boy's is being sold. Any conditional offers, exclusions and/or restrictions regarding limited quantity eligible for purchase will not be applied.
In order to be eligible for any price match, the authorized local Canadian dealer must have a retail store within the same municipality as the desired pick up location of the nearest Bad Boy store, and the product must be available at this retail store.
At time of your price match request, the product must be in-stock (readily available for sale and immediate delivery) in our stores and in the third party authorized local Canadian dealer's store. In addition, the price of the authorized local Canadian dealer's product will be verified by our staff prior to approval.
This offer does not apply to products advertised during Black Friday Week, Black Friday, Cyber Monday, Boxing Week, products given as bonuses or for free, "after rebate pricing", private sales, special promotion and long weekend sales or to products purchased using a coupon, gift card or similar credits.
This offer applies to existing models only and does not apply to products sold in "as-is" condition including floor models, open stock products, or products that have been scratched and/or dented and that are being sold at a reduced price as a result.
Prices offered by third party authorized local Canadian dealers must be in Canadian dollars, and will be adjusted for any of the following: applicable fees, taxes, and/or other charges including shipping, handling, and environmental fees or levies.
Bad Boy Price Match does not apply to typographical or advertising errors, misprints, restricted offers, mail order offers, mail-in rebates, time sensitive offers, limited or minimum quantity orders, service packages, rain checks, bundled items, manufacturers offers, liquidations, on-line only offers, clearances or close-outs. Items price-matched after purchase will be rewarded the difference in store credit or Online Credit.
The terms and conditions of the Price Match Policy are subject to change without notice. Bad Boy reserves the right to limit all approved Price Match products to one (1) item per household.
All sales are final. However, if you discover concealed damage, and report such damage within three days of delivery or pick-up of merchandise that you have purchased, we may provide you with a refund, at our discretion. A fee equal to 25% of the total invoice price will be charged on all cancellations to cover the costs of restrocking, storage, handling and paper works In order to report such damages. Please contact our service department at: 416-667-7546 ext. 350, toll free at 877-888-0050 ext. 350 or via email at email@example.com
If a refund has been authorized, please note the following:
All refunds will be processed and mailed to you (as per billing address on invoice) within 10 to 15 business days from the date of cancellation.