GOKART, LLC AGREEMENT FOR TRANSPORTATION
Please read these Terms of Service (the Terms) carefully. They govern your use of our Web App and Site and our platform which you can use to obtain transportation services.
We make our Web App and Site and services available to individuals registered with GoKart, LLC (“GoKart”), who are interested in obtaining rides for their children associated with their account.
By accessing or using GoKart’s services (the “Services”), you confirm your agreement to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements with you. GoKart may immediately terminate these Terms or any Services with respect to you, or generally, cease offering or deny access to the Services or any portion thereof, at any time for any reason.
Annual Administrative Fee Per Family: Member agrees to a non-refundable annual membership fee, per family of $30, due at account creation, and due every year hereafter, as long as Member is active. PayPal payment can be made to: firstname.lastname@example.org. Or check mailed to: 725 Transom View Court, Cary, NC 27519
- Member Rides and/or Services Fees:
- Members pay $15 for the first 5 miles and $1.25 per mile after, depending on the distance between the pick-up and delivery addresses. There is no additional fee for your second child. There is an additional $5 fee for the third child and $5 per child thereafter up to the maximum occupancy in the vehicle.
- Pricing will increase for drives outside normal business hours of 7 AM to 7 PM and throughout the weekend. An additional $3 for first 5 miles and an additional $.75 per mile.
Other Service Fees:
- Bookings that are required within the 24 hour booking period will require an additional $10 fee, paid at the time of booking through the member’s PayPal account.
- Waiting time, above the scheduled pick-up time is $5 for every 10 minutes.
- For a GoKart driver to park and walk a child into or out of school, sign in or out of an activity or camp, is a $5 fee.
- Additional stops, whether a second school line or home to change before taken to practice or lunch stop is an additional $5.
- If a child is delivered to their original location and they are locked out, or the activity is canceled and the child needs to be taken to an additional location is a $20 fee plus the additional mileage driven.
- Member will be charged any additional fees via PayPal and must be paid immediately so as to pay your driver.
- Refund Policy:
- Any time that your child will not require transportation as scheduled, notification must be made to GoKart no less than four (24) hours prior to the scheduled pick-up time. Rides canceled within 24 hours will receive a refund minus a $15 fee.
- Refunds are not given if rides canceled within 4 hours of the pick-up time.
- The parent may e-mail email@example.com text (919) 428-7784 for changes in your scheduled ride.
GoKart, will provide scheduled transportation pursuant to the following terms and conditions:
- GoKart agrees to provide transportation to and/or from the designated locations for the agreed upon dates of service.
- We will always strive to be on-time, however, contingencies like weather, traffic congestions, a late pick up before yours, accidents along the route can also cause delays, which are beyond our control. GoKart shall not be held responsible for such delays, nor do we refund any of the payment made because of the contingencies.
- We are not responsible for information such as your child’s cell phone or address input incorrectly. It is the Members responsibility for correct and up to date information.
- Seat belts are required for all passengers at all times.
- GoKart reserves the right to cancel the agreement for transportation services without notice at any time due to disciplinary problems with a child while riding our vehicles.
- GoKart is not liable for the health, safety or welfare of your child once your child is delivered to the agreed destination and has been picked up by a previously agreed-upon parent or guardian.
4. Changes to Terms or Services
GoKart may modify these Terms at any time, in our sole discretion. If we do so, we will let you know either by posting the modified Terms on the Site or Web App or through other communications. It is important that you review the Terms whenever we modify them because if you continue to use the Services after we have posted modified Terms on the Site or Web App, you are indicating to us that you agree to be bound by the modified Terms. Our Services are evolving over time we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.
You may use the Services as the primary account-holder only if you are 18 years or older. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use the Services under the account of and with the upervision of a parent or legal guardian who has agreed to be bound by these Terms. If you are a parent or legal guardian of a child under the age of 18 (or the age of legal majority) who will be using the Services, you agree to be fully responsible for the acts or omissions of such Passenger in connection therewith.
- Repair or Cleaning Fees
You shall be responsible for the cost of repair for damage to, or necessary cleaning of, GoKart driver vehicles and property resulting from use of the Services under your Account in excess of normal “wear and tear” damages and necessary cleaning (“Repair or Cleaning”). In the event that GoKart reports the need for Repair or Cleaning, and such Repair or Cleaning request is verified by GoKart with reasonable discretion, GoKart reserves the right to facilitate payment for the reasonable cost of such Repair or Cleaning on behalf of the GoKart driver, using PayPal as a form of payment due immediately. Such amounts will be transferred by GoKart to the applicable driver and are non-refundable. You acknowledge and agree that GoKart may, and you hereby authorize GoKart to, send a PayPal request up to $100, to be completed by you, for any damages incurred that were caused by passengers during a Ride.
We welcome feedback, comments and suggestions for improvements to the Services. You can submit Feedback by contacting GoKart at: firstname.lastname@example.org.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless GoKart and each of our respective officers, directors, agents, partners and employees (individually and collectively, the (“GoKart Parties”) from and against any loss, liability, claim, demand, damages, expenses (including reasonable attorneys’ fees) and costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another person or entity (including intellectual property rights or privacy rights); (e) any breach or alleged breach of any representation or warranty in this Agreement; or (e) your conduct in connection with the Services, including any bodily injury or property damage you cause. You agree to promptly notify GoKart Parties of any third party Claims, cooperate with GoKart Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the GoKart Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and GoKart or the other GoKart Parties.
- Disclaimers Although GoKart conducts driver screenings described at http://gokartnc.com/safety/, and although only drivers who successfully complete the screening process, as determined in GoKart’s discretion, are permitted to provide Services, no screening process is perfect. As a result, GoKart cannot and does not guarantee, and makes no representations regarding, the accuracy or efficacy of the screening process or the suitability, safety, ability, reliability, or accuracy of any driver, or the condition of the vehicles in which any Services are performed. GoKart will not participate in disputes between you and a driver. By using the Services, you acknowledge that you may be exposed to situations involving a driver that are potentially unsafe, offensive, harmful to minors, or otherwise objectionable, and that use of the Services is at your own risk and judgment. GoKart will not have any liability arising from or in any way related to your transactions or relationship with a driver or in connection with any failure or error with respect to any driver screenings.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) GOKART AND THE OTHER GOKART PARTIES
WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL
DAMAGES OR LOST PROFITS, EVEN IF GOKART OR THE OTHER GOKART PARTIES HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL LIABILITY OF
GOKART AND THE OTHER GOKART PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO
THESE TERMS OR OUR SERVICE OR THE GOKARTER SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICE.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of GoKart or the other GoKart Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you release GoKart and the other GoKart Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties including GoKart drivers.
- Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with GoKart and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or GoKart seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or GoKart seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and GoKart waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Service resolved in court. Instead, all disputes arising out of or relating to these Terms or our Service will be resolved through confidential binding arbitration held in Wake County, North Carolina in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and GoKart agree that any dispute arising out of or related to these Terms or our Service is personal to you and GoKart and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and GoKart agree that these Terms affect interstate commerce and that the enforceability of this Section 12 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Company agree that for any arbitration you initiate, you will pay the filing fee and Company will pay the remaining JAMS fees and costs. For any arbitration initiated by Company, Company will pay all JAMS fees and costs. You and GoKart agree that the state or federal courts of the State of North Carolina and the United States sitting in Wake County, North Carolina have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR SERVICE MUST BE
FILED WITHIN AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND GOKART WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 12 by emailing GoKart at email@example.com In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 17.
- Governing Law and Venue
These Terms and your access to and use of our Service will be governed by and construed and enforced in accordance with the laws of North Carolina, without regard to conflict of law rules or principles (whether of North Carolina or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of North Carolina and the United States, respectively, sitting in Raleigh, North Carolina.
- Electronic Communications
By creating a GoKart account, you also consent to receive electronic communications from GoKart. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.