Banner's title
Terms and Conditions
1. General
1.1
This Terms of Use agreement (“Terms of Use”) is between Bolton Technical, a DBA or “Doing Business As” division of Silk Worldwide LLC located at 5010 Wright Road Suite 100, Stafford, Texas 77477, USA ("we”, “us”, "our", or “Bolton Technical”), which owns and operates BoltonTechncial.co.za and offers you access to BoltonTechncial.co.za and the utility rendered thereby (“BoltonTechncial.co.za”, “Website”, “Our Website”), and you, your heirs, agents, successors, and assigns (collectively, "you" or "your").
1.2
Bolton Technical is an authorized Wilson Electronics distributor for South Africa and select international markets.
1.3
The Terms of Use explains your relationship to Bolton Technical in connection with your access to and use of BoltonTechnical.co.za or any content, products, or services made available through or relating to BoltonTechnical.co.za.
1.4
We designed BoltonTechnical.co.za and the Terms of Use governing it to be simple and transparent so you can decide if BoltonTechnical.co.za is right for you.
1.5
You must be over the age of 18 in order to use BoltonTechnical.co.za unattended and to place any orders through it. We do not knowingly sell or consult to persons under the age of 18. Persons under the age of 18 must be directly supervised by a parent or legal guardian to use BoltonTechnical.co.za.
1.6
We may amend the Terms of Use at any time and without notice. All such amendments shall become effective immediately after posting onBoltonTechnical.co.za. You should review the Terms of Use regularly to be aware of any changes. You agree that if you use BoltonTechnical.co.za after the date on which the Terms of Use have changed, we will treat your use as acceptance of the updated Terms of Use. You can review the most current version of the Terms of Use at any time by clicking the “Terms” link located in the footer of most pages.
1.7
We have the right, but not the obligation, to strictly enforce the Terms of Use, through all available means, including customer account termination, refusal of service, and legal action.
1.8
In the event there is a conflict between the Terms of Use and any other parts of BoltonTechnical.co.za, the Terms of Use shall prevail.
1.9
We offer BoltonTechnical.co.za "as-is" and assume no responsibility for website issues, including listing mistakes, system errors, network failures, and server downtimes. Although we strive for continuous and uninterrupted operation of BoltonTechnical.co.za and accurate product content and will try to prevent or remedy all undesirable occurrences, we cannot guarantee, and you should not expect, that BoltonTechnical.co.za will operate without any interruptions or errors.
1.10
You agree that while we dedicate reasonable effort and resources to ensuring that all product listings, images, prices, and availability are accurate and current, we cannot guarantee that they will always be error or omission free. We will correct, complete, or update all flawed product listings or other content soon after we identify them. You agree that we are not liable for damages or errors
1.11
You accept that BoltonTechnical.co.za may contain links to third-party websites or resources of commercial, promotional, or other nature. Your interaction or business dealings with such third-parties accessed through BoltonTechnical.co.za are solely between you and such third-parties and are solely at your own risk. We do not endorse any third party claims or content and make no representation or warranty as to the accuracy, completeness, authenticity, or legality of information contained in any such website or resource.
1.12
You agree that we cannot and will not be liable for any loss or damage arising from your failure to comply with local rules and regulations and the Terms of Use.
1.13
By using BoltonTechnical.co.za in any way, you agree to release us and all of our affiliates from any damages or liability related to your use of BoltonTechnical.co.za or the content, products, or services made available through BoltonTechnical.co.za. You further agree to indemnify us and all of our affiliates against any and all damages or liability incurred in connection with the provision of BoltonTechnical.co.za to you or services provided by Bolton Technical.
1.14
Should you object to any part of the Terms of Use, or any subsequent modifications thereto, or become dissatisfied with BoltonTechnical.co.za in any way, your only recourse is to immediately discontinue using BoltonTechnical.co.za and doing business with Bolton Technical.
1.15
The Terms of Use take full effect at the time of posting to Bolton Technical .com, as may be indicated by the version number at the top of this page.
1.16
By using BoltonTechnical.co.za in any way, or by purchasing or using any products, services, materials, or content made available through BoltonTechnical.co.za or in connection to Bolton Technical, you acknowledge that you understand and accept the Terms of Use. All users automatically accept the Terms of Use during order placement or checkout.
2. Purpose
2.1
We offer BoltonTechnical.co.za as an online shopping platform for the purpose of selling genuine Wilson Electronics (“Wilson”) cellular booster products, system design solutions, and installation services (“Products”) to our south African and other international customers (“Customers”). The purpose of BoltonTechnical.co.za is to provide an easy way for our Customers to shop for Products and receive great value, product advice, and customer service. We want to become a one-stop-shop for all your South African cell phone boosting needs so we can save you money and time while making your reception problems a distant memory.
2.2
As a certified Wilson distributor, system designer, and installer, BoltonTechnical.co.za possesses the technological expertise and Product-specific knowledge needed to best serve our Customers. As a specialized online shopping platform, BoltonTechnical.co.za strives to offers complete Wilson catalog, low pricing, cost-effective shipping, quick order processing, and expert Product advice.
2.3
We designed BoltonTechnical.co.za with our Customers in mind and will try to keep BoltonTechnical.co.za interface simple, intuitive, and fast to navigate.
2.4
You may only use BoltonTechnical.co.za and purchase our Products if permitted by your local laws and regulations. We are not responsible for selling, advising, or servicing any Products for Customers or International Customers in unlawful or restricted areas or for unapproved applications, if the customer failed to make us aware of any specific legal restrictions prior to purchase.
2.5
International customers may not complete orders directly through the website and need to contact us by phone, email, or chat in order to purchase our Products. We insist that all international customers are aware of their local technological and legal requirements for buying, importing, and operating our Products. We will not be held responsible for Products delayed, retained, or modified by Customs or Import personnel. We will not be financially or legally liable for any damages or inconveniences resulting from ordering, receiving, awaiting, using, misusing, or being unable to use any of our Products
2.6
We do not allow or encourage our Customers to perform any modifications or improvements to our products, whether necessary, beneficial, or superficial to the operation and compliance of our Products. All unlicensed and unapproved modifications to our Products may immediately void the Limited Manufacturer Warranty and expose you to severe legal and financial responsibilities for violating local laws, radio frequency communication regulations, and cell phone infrastructure restrictions.
2.7
Prior to purchasing any Products through BoltonTechnical.co.za, you must become aware of your local laws and restrictions concerning cellular booster products and your personal liability for using or misusing such products. It is the customer’s sole responsibility to ensure complete compliance with appropriate laws and regulations governing the sale and usage of cellular boosting equipment.
2.8
Our Products are ICASA approved and thus legal and safe to use responsibly in South Africa. Our Products are designed for light personal, residential, and commercial applications. We try to ensure accuracy and completeness of each product listing to assist customers with educated buying decisions but we do not guarantee it and you should not expect error free listings. It is your responsibility to verify all Product information with our sales representatives and with independent secondary sources to confirm product specifications and legal compliance.
2.9
You are solely responsible, and we have no responsibility to you or to any third party, for any breach of your obligations to know and abide by South African laws, your local laws, the industry requirements, and the Terms of Use, and for the consequences of any such breach.
2.10
You will not engage in any activity that interferes with or disrupts the operation of BoltonTechnical.co.za, or any part thereof, including its servers, computer hardware, networks, email or messaging system, software, content, or data. You will not access, or attempt to access, BoltonTechnical.co.za by any means other than through the authorized user interface provided by BoltonTechnical.co.za, unless you have been specifically allowed to do so in a separate written agreement with us. You will not access, or attempt to access, BoltonTechnical.co.za through any automated means, including the use of scripts or web crawlers, and shall ensure that you comply with all acceptable usage instructions.
2.11
We reserve the right to refuse service, or selling our Products, to any Customer for any reason, including suspicion of intentional or unintentional intent to abuse, misuse, or modify our Products or to purchase Products that are restricted or unlawful in their billing, shipping, or application area. We also reserve the right to report any suspected wrongdoing by any user, customer, or other third party in connection with BoltonTechnical.co.za or our Products to applicable regulatory, law enforcement, and industry authorities.
2.12
Your Customer account and ordering privileges may be suspended or terminated if you, knowingly or unknowingly, violate the law or the Terms of Use. Please note that ignorance is no excuse for failing to comply with the law or the Terms of Use.
3. Products
3.1
Bolton Technical is an authorized distributor of genuine Wilson Electronics products and usually carries the entire Wilson catalog.
3.2
We try to keep BoltonTechnical.co.za content current and accurate, including product listings, images, pricing, and availability. Occasional errors or omissions can happen and should be expected. We will correct any inaccurate or incomplete product listings or product guides as soon as reasonably possible after we realize they exist. The corrected, updated, or completed Product information or content, as determined by us, will usually immediately supersede and affect all previously-flawed information. You accept that we do not guarantee the accuracy, completeness, timeliness, relevance, or usefulness of any Product information or content found on BoltonTechnical.co.za.
3.3
You agree that occasional, unintentional Product listing, Product guide, and order consultation errors should be expected. Always conduct your own external research to confirm all our Product information and claims prior to making your purchase and using your Products.
3.4
You agree that the colors, shapes, and dimensions of Products as listed on BoltonTechnical.co.za may be slightly distorted or exaggerated in posted images or videos. This may be due to the need to emphasize certain features or attributes, due to the capturing limitations of camera equipment used, and/or due to the displaying limitations of your computer monitor, mobile devise, or television set. We try to describe and depict our Products as accurately and realistically as possible but we cannot guarantee it.
3.5
Despite our best efforts, some Products on our website may not be priced accurately. As part of our shipping procedures, we try to verify all items and their prices before shipping orders out. We will try our best to promptly communicate to you all required billing changes due to inaccurate pricing or item availability. If correct Product price is lower than our stated price and your purchased price, we will ship the order and may charge the lower amount or refund you the difference. If correct product price is higher than our stated price and your purchase price, we may cancel or hold your order and may notify you via email of phone about the billing changes required to process your order.
3.6
Products purchased from BoltonTechnical.co.za will ship either from our warehouse. Depending on the item or timing of order, any order placed through BoltonTechnical.co.za may ship directly from the manufacturer, directly from our warehouse, or from both locations.
3.7
To help other customers select best Products for their needs, we encourage our customers to leave accurate and truthful Product reviews and/or purchase feedback. You agree that all content submitted to BoltonTechnical.co.zawill be accurate and specific to Wilson Products or your BoltonTechnical.co.za order and will comply with the Terms of Use. You may not submit or post any unsolicited marketing or commercial content to our website.
3.8
Please report to us any inappropriate, inaccurate, abusive, or unhelpful Product reviews posted by other users. We may remove any use content, including Product reviews, posted on BoltonTechnical.co.za if we deem it unhelpful to your shopping experience.
3.9
We have the right, but not an obligation, to pre-screen, review, flag, filter, modify, refuse, delete, or move any content posted to or made available through BoltonTechnical.co.za, at its sole discretion and with no prior notice to you.
3.10
We may offer special discounts or large order discounts. Please visit our Footer links titled: Such Specials, Clearance, and Corporate Customers, Government Agencies, and Installers & Resellers for more information. All specials, discounts, promotional pricing, or volume pricing may end or change without notice.
3.11
All our new Products are covered by Wilson‘s Limited Manufacturer Warranty to protect you against defects in materials and craftsmanship for the duration of 12 months, 24 months, or 90 days depending of the Product type and as stated on Returns & Exchanges footer page. Refurbished
3.12
If you are not fully satisfied with your Products, you may return them within 30 days from the date of receipt as long as all original components are included, all returned items are in new and undamaged condition, and a copy of the original dated purchase receipt is included, as stated on our Return & Exchange footer page. Additional restrictions may apply.
3.13
You bear all risks associated with the use of any content accessed through BoltonTechnical.co.za. You may not rely on said content, and that under no circumstances will Bolton Technical be liable in any way for any content or for any loss or damage of any kind incurred as a result of the use of any content posted, sent, or otherwise made available through BoltonTechnical.co.za.
4. Orders
4.1
To place an order, you must add one or more available Products into your shopping cart and proceed to checkout. Checkout is completed by providing all required customer billing and shipping information. Your order is not finalized until we confirm your payment and process your order request.
4.2
For all regular Products or in-stock Products, we usually bill your payment account immediately after placing your online of phone order. Items that are expected to remain out-of-stock for considerable amount of time may be billed immediately after checkout or at confirmed availability or shipment. Preorders are usually billed at the time of availability or shipment but the preauthorization charge may be processed to ensure payment availability.
4.3
We do our best to process and ship all in-stock items within 1 business day. Special order and out-of-stock items may take considerably longer time to be processed and shipped.
4.4
We will correct Product listing, Product guide, or order consultation errors and inaccuracies as soon as reasonably possible after we realize the need for such corrections. You agree that we are not responsible for any damages or losses resulting from such unintentional errors. And you agree that such occasional Product listing, Product guide, and order consultation errors should be expected. Always conduct your own external research to confirm all our Product information and claims prior to making your purchase and using your Products.
4.5
Despite our best efforts, some Products on our website may not be priced accurately. As part of our shipping procedures, we try to verify all items and their prices before shipping orders out. We will try our best to promptly communicate to you all required billing changes due to inaccurate pricing or item availability. If correct Product price is lower than our stated price and your purchased price, we will ship the order and may charge the lower amount or refund you the difference. If correct product price is higher than our stated price and your purchase price, we may cancel or hold your order and may notify you via email of phone about the billing changes required to process your order.
4.6
Your receipt of electronic order confirmation, via email or website, does not signify our acceptance of your order or our commitment or ability to fulfill it. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verification and voice confirmation for large, expedited, special, or unusual orders.
4.7
In the event of product listing error, including incorrect or incomplete description, specifications, images, or price, we reserve the right to refuse or cancel any orders placed for the erroneous Product listing. We reserve the right to refuse or cancel any such order even if the order has been confirmed and your credit card of payment account charged. If your credit card or payment account has been charged for the purchase of any erroneous Product, we shall issue a credit or refund to your credit card or payment account in the amount of the charge.
4.8
If you suspect a Product listing, Product guide, or other content found on BoltonTechnical.co.za to be erroneous or inaccurate, you should notify us prior to purchasing any affected Products. We will quickly review the Product information and correct or update all relevant information.
4.9
We do not charge your credit/debit card until your order ships but we do attempt to authorize the order amount during checkout. This authorization is not a charge but may reserve a portion of your available credit or funds. If your order is delayed or cancelled, the authorization will expire within 1-10 business days and your credit or funds will be released. Credit card processing can take up to 3 business days, depending on the accuracy of payment information given by the customer. For customer security, voice communications may be required for some online payment transactions.
4.10
We do not accept international orders, from outside of South Africa, directly through our website. International customers must contact us via phone, email, message, or chat prior to placing their orders with BoltonTechnical.co.za.
4.11
When accessing BoltonTechnical.co.za from inside South Africa, or from international locations, you agree to comply with all applicable local laws and regulations regarding our Products and website. Given the global nature of the Internet, BoltonTechnical.co.za can be accessed from anywhere in the world.
4.12
When accessing BoltonTechnical.co.za from outside of South Africa, you agree to comply with all applicable local, South African, and international laws and regulations regarding the transmission of digital data from and to the South Africa, regardless of whether you are a registered customer or only a visitor of BoltonTechnical.co.za
4.13
You agree to provide accurate, complete, and current contact, billing, and shipping information when placing your order or at checkout. You agree to keep your customer account information up-to-date. Always protect your customer account login information.
4.14
For your security, we do not save your payment information, including credit/debit card or PayPal account information, in our system. The payment gateway system we employ prevents us from having to directly access or retain your specific payment account information in our system. Your credit card information submitted for one-time payment will not be retained and used for future payment purposes. You must manually reenter your payment or credit card information each time you place an order or each time you want us to charge your account.
4.15
To prevent fraud, we may request payment details for all failed or potentially fraudulent transactions. We may investigate failed verification and payment attempts. To assist us in collection of user fees from delinquent users, we may try to request credit card account information from past payment transactions.
4.16
To protect your sensitive personal information, we rely on leading payment gateway software by authorize.com and Secure Sockets Layer (SSL) encryption technology by VeriSign to securely collect and process user payment information. These leading payment processing companies have some of the strictest data privacy and security procedures in the industry.
4.17
All Bolton Technical users are solely responsible for completing all of their own tax reporting and payment obligations and other required government reporting duties, with state and federal agencies, relating to the buying and selling of services through the use of BoltonTechnical.co.za, according to applicable state and federal laws. We do not assist our users with any such taxation or reporting obligations.
4.18
Each BoltonTechnical.co.za user is solely responsible for satisfying any local, state, and/or federal sales tax, value added tax, or import tax. You are also solely responsible for all required governmental reporting and registration of your purchase and Products ordered or received. It is your responsibility to abide by all applicable laws and regulations relating to the purchase, receipt, importing, possessing, owning, or operating cellular boosting equipment or any Products acquired from BoltonTechnical.co.za.
4.19
You agree that we will not be held liable for any damage or harm, direct or indirect, resulting from any Product information errors or inaccuracies, system design advice, installation recommendations, or other unintentional Product or order omissions, errors, failures, or wrongdoings in connection to your use of BoltonTechnical.co.za.
4.20
Total delivery time for your order, or the amount of time it takes from securing your payment authorization and actually ship your order via a common carrier, can range from 1 to 30 or more business days, depending on the availability of your order, shipping method selected, and the remoteness of your location.
4.21
We rely on United States Postal Service (USPS) and FedEx for the majority of our shipments but other common carriers including freight shippers may also be utilized. For Canada and international locations, if shipped using USPS, your order will likely arrive via your local postal service.
4.22
You accept that FedEx will not deliver to P.O. boxes and attempt deliveries on weekends. You agree that if you require a P.O. Box delivery, you will request USPS shipping options when placing your order or at checkout.
4.23
Our shipping rates are primarily calculated based on the actual weight or dimensional weight of your shipment and the type of shipping service you selected (standard, priority, or express). Some handling and processing fees may be included in your shipping charges. We charge a single shipping and handling fee for each order, regardless of how many boxes it ships out in.
4.24
You may track your order after it is processed by us and your shipment is on its way. It may take 2 or more business days after placing your order before it can be tracked online. To track your order through our website, go to “Track Orders” footer page and log into your customer account which you might have created during first checkout. If you have not created a customer account or want our assistance in tracking your order, just email, message, or call us for help.
4.25
You agree that your order is shipped via a third party carrier and any shipping delays, misdeliveries, damages, or losses are entirely out of our control. We will not be held liable for any harm or damage resulting from any shipping problems or errors, including delayed, misdelivered, damaged, or lost shipments. Your shipping problems must be resolved directly with USPS, Fedex, or other local carriers which are handling your shipment.
4.26
You agree that Bolton Technical relies on leading common carriers and freight carriers to provide you with cost-effective shipping options and that once shipped the quality of the shipping service is out of our control. By using BoltonTechnical.co.za and by purchasing from us, you accept the potential risks associated with buying our Products online, shipping using common carriers, or shipping across international borders.
5. Customer Privacy
5.1
At Bolton Technical, we take your customer privacy and security extremely seriously and work hard to safeguard all your personal information. It is our policy to always inform you when and why we collect your personal information and to always handle it securely and responsibly.
5.2
We strictly adhere to U.S. data security and customer privacy standards, laws, and regulations governing domestic e-commerce operations.
5.3
We only collect customer information required for normal operation of BoltonTechnical.co.za, including order handling, payment processing, product reviewing, customer inquiries, promotional announcements, website optimization, and Terms of Use enforcement.
5.4
We only use your personal information for the specific purposes for which it was collected.
5.5
We do not store your credit card information on BoltonTechnical.co.za or our computer system. We employ a reputable payment processing system to handle all individual payments. We need to ask you for your payment information each time we intend to charge your credit card account.
5.6
We never sell your personal information.
5.7
We do not share your personal information for marketing purposes. We only share your personal information with reputable third parties when required for normal operation of BoltonTechnical.co.za.
5.8
You control most personal information we collect by manually submitting it during sale consultations, checkout, customer inquiries, order tracking, product reviews, mailing list subscription, and return requests.
5.9
We may investigate all potentially fraudulent transactions. We may also employ reputable third party solutions to mitigate our exposure to fraud and abuse.
5.10
This privacy policy describes applies to the information we collect directly from you and to all utilities of BoltonTechnical.co.za. Third party applications and solutions, used by BoltonTechnical.co.za to improve your shopping experience, are governed by different policy policies.
5.11
We regularly review this policy and our compliance with it to provide you with maximum level of shopping convenience and information security. We may periodically amend this policy without prior notice and all such amendments become effective immed iately upon posting on BoltonTechnical.co.za.
5.12
Please read our Privacy Policy footer page for more information.
5.13
By using BoltonTechnical.co.za, you agree to this privacy policy and consent to your information being utilized according to it.
6. Intellectual Property
6.1
We are determined to protect all intellectual proprietary rights of BoltonTechnical.co.za, Wilson Electronics, and our Customers. We have an explicit copyright and trademark policy for all content we create and utilize. Proprietary online content is significant part of our business so we take intellectual property infringement very seriously.
6.2
If you believe that your content, or any other original work posted on BoltonTechnical.co.za, has been copied in a way that constitutes copyright infringement or other intellectual property rights violation, please notify Bolton Technical at admin@ BoltonTechnical.co.za or at 281-738-3838 as soon as possible.
6.3
If you find any Bolton Technical content, including our product listings, images, or guides, or any other original work from BoltonTechnical.co.za, has been copied, published, or otherwise distributed online or in other media, in part or in whole, modified or unmodified, please notify us at admin@BoltonTechnical.co.za or at 281-738-3838 as soon as possible. To thank you for your assistance and royalty, we will offer you a discount coupon code for your next BoltonTechnical.co.za purchase.
6.4
It is our policy to not post any content on BoltonTechnical.co.za that is not owned or controlled by Bolton Technical, Wilson Electronics, or our customers. Due to the large volume of content being posted and modified by our full-time and part-time staff, occasional posting mistakes may occur, in which case we will remove all suspicious or infringing content as soon as such unoriginal content becomes apparent to us.
6.5
To file a copyright infringement notice with Bolton Technical, please provide us with the following information: (1) description and location of the alleged infringing content on BoltonTechnical.co.za; (2) your statement substantiating that the disputed content is not authorized to be posted on BoltonTechnical.co.za by the copyright owner, its agent, or the law; (3) your current address and contact information, including valid email address and day-time phone number.
6.6
If the claim is substantiated by us, we will remove the infringing content as soon as reasonably possible.
6.7
It is our policy to swiftly respond to all notices of alleged copyright infringement that comply with the formal infringement notice format as described above and satisfy all Digital Millennium Copyright Act requirements.
6.8
Our website graphic design, logos, slogans, banners, headers & footers, user navigation, menu sections, category structure, product listing display and organization, and all other information design of BoltonTechnical.co.za are protected by copyright and trademark laws as intellectual property of Bolton Technical and will be enforced to the maximum extent permitted by the intellectual property laws and international treaties. You may not reproduce, adapt, modify, rent, sell, distribute, or otherwise exploit any website design, company identity, information organization, or website source code of BoltonTechnical.co.za, in whole or in part, without prior written consent from us and any applicable third parties.
6.9
Our Product listings and product-related content, including product titles, descriptions, specifications, features, images, questions & answers, customer reviews, and articles and guides made available through BoltonTechnical.co.za are protected by copyright and trademark laws as intellectual property of Bolton Technical and will be enforced to the maximum extent permitted by the intellectual property laws and international treaties. You may not reproduce, adapt, modify, rent, sell, distribute, or otherwise exploit any content, materials, or information made available through BoltonTechnical.co.za, in whole or in part, without prior written consent from us and any applicable third parties.
6.10
Any reproduction, duplication, modification, sale, distribution, or other exploitation of any content or design of Bolton Technical posted on or made available through BoltonTechnical.co.za, in part or in whole, to any other server or location is strictly prohibited, without our prior written consent. All content made found on BoltonTechnical.co.za may not be copied, published, or distribute without a prior written consent from Bolton Technical. You agree not to reproduce, duplicate, modify, sell, distribute, or otherwise exploit any part of BoltonTechnical.co.za, without express written consent of Bolton Technical.
6.11
You agree not to decompile or disassemble, reverse engineer or otherwise attempt to discover any source code of BoltonTechnical.co.za, without our prior written consent. You agree not to access or attempt to access any back-end features or information that is not intended for public, including administrative access and content listing or modifying access restricted to authorized Bolton Technical personnel only, without our prior written consent. You will NOT modify or alter any BoltonTechnical.co.za data, including product or customer data, without our prior written consent.
6.12
Although we do not claim ownership of all product-related content found on BoltonTechnical.co.za, all content made available by BoltonTechnical.co.za should be considered proprietary and protected by intellectual property rights.
6.13
When you submit any user content to BoltonTechnical.co.za, including product reviews or customer feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sub-licensable, and non-exclusive license to reproduce, adapt, modify, translate, publish, display, and distribute such content, in whole or in part, and to incorporate such content into other works in any format or medium, now known or later developed. By posting any content to any public area of BoltonTechnical.co.za, you automatically grant Bolton Technical all rights necessary to prohibit any subsequent reproduction, adaptation, modification, translation, publishing, displaying, distribution, or other exploitation of the content on BoltonTechnical.co.za by any party and for any purpose. This does not apply to private customer communications with sensitive personal information which will be protected according to our Privacy Policy.
6.14
You agree that all BoltonTechnical.co.za source code and any software used to provide BoltonTechnical.co.za, including all design elements contain proprietary and confidential information that is protected by applicable intellectual property laws and other regulations. Except as expressly authorized by us in the Terms of Use, you may not reproduce, adapt, modify, rent, sell, distribute, or otherwise exploit any BoltonTechnical.co.za material, the software, third party content, in whole or in part, without express written consent from us and any applicable third parties.
6.15
You agree that external websites and resources, including third party advertisements, promotions, or other informative or commercial content, made available through BoltonTechnical.co.za are protected by intellectual property laws and other regulation and may not be reproduced, duplicated, modified, sold, distributed, or otherwise exploited, without express written consent from us and that third party.
6.16
Subject to your full compliance with the Terms of Use, we grant you a limited license to access and, if you are a registered user in good standing, to use BoltonTechnical.co.za internally for the purpose of buying and/or providing services on BoltonTechnical.co.za. We grant you a personal, non-transferable, and non-exclusive license to use the software on a single computer for the sole purpose of accessing and using BoltonTechnical.co.za as intended by us and according to the Terms of Use.
6.17
You may not sell, reproduce, copy, duplicate, distribute, modify, display, repost, or otherwise use any part of BoltonTechnical.co.za or its content in any way for any public or commercial purpose other than to buy and provide services through BoltonTechnical.co.za, without prior written consent of Bolton Technical and any applicable third party. You must not use any Bolton Technical material or user content made available through BoltonTechnical.co.za on any other website or in any networked computer environment for any personal or commercial purposes other than those allowed by the Terms of Use. Contact us for specific linking and promotional information.
6.18
You may not reverse engineer, reverse assemble, or otherwise discover, or allow any third party to reverse engineer, reverse assemble, or otherwise discover, any source code of the software. You may not modify the software in any manner or form, and may not use any modified versions of the software for any purpose, including attempting unauthorized access to BoltonTechnical.co.za. You may not access BoltonTechnical.co.za by any means other than through the public interface provided by Bolton Technical to access the software.
6.19
You agree not to interfere, or attempt to interfere, with the operation of any part of BoltonTechnical.co.za, unless expressly permitted by us in a separate written agreement. You may not use any device, software or routine, including any viruses, Trojan horses, worms, time bombs, cancelbots, or denial-of-service attacks, intended to damage or interfere with the proper working of BoltonTechnical.co.za or any transaction being conducted on BoltonTechnical.co.za, or to intercept or expropriate any system, data, or personal information from BoltonTechnical.co.za.
6.20
We own all legal right, title, and interest in and to BoltonTechnical.co.za and related intellectual property, trademark, logo, website design, and other brand features rights, whether those rights happen to be registered or not. The Bolton Technical brand and all related Bolton Technical trademarks, service marks, logos, slogans, and all Bolton Technical brand features, including “Bolton Technical”, “BoltonTechnical.co.za”, “Bolton Technical”, “Wilson Amplifiers”, “WILSON AMPLIFIERS”, “BoltonTechnical.co.za”, “connect further”, “call further”, “Bolton Technical.net”, “Bolton Technical.info”, “Bolton Technical.us”, “Bolton Technical.biz”, “Bolton Technical.org”, “Wilson-Amplifiers” are our exclusive property and may not be used, copied, replicated, modified, distributed, or otherwise exploited, without express written license from us. Other US and international domains with the word “Bolton Technical” and the words “Wilson Amplifiers” in conjunction with any prefix are also protection by our intellectual property rights. We are in the process of filling the “Bolton Technical” brand, logo, and slogans as registered trademarks with the U.S. Patent and Trademark Office.
6.21
You agree that BoltonTechnical.co.za may contain information which is designated confidential by us and if you become aware of or learn of any such confidential information about BoltonTechnical.co.za you shall not disclose such information to any person or entity, without our prior written consent.
6.22
You shall not remove, obscure, or alter any proprietary rights notices, including copyright and trademark notices, which may be affixed to or contained within BoltonTechnical.co.za or its content, including image watermarks.
6.23
Nothing in the Terms of Use gives you a right to use any Bolton Technical trademarks, service marks, logos, domain names, and other distinctive brand features including website design, unless you have formally and in writing agreed otherwise with us. If have been given express written permission by us to use any of these brand features in a separate written agreement with us, then you agree that your use of such brand features shall be in compliance with that agreement, any applicable provisions of the Terms of Use, and any Bolton Technical brand use guidelines.
6.24
You will not use any trademark, service mark, logo, or other distinct brand features, including website design of BoltonTechnical.co.za, in a way that is likely or intended to cause confusion about the rightful owner or authorized user of such trademarks, service marks, or logos, without express written permission from us.
7. User Representations and Warranties
7.1
You certify that all identity, contact, address, and payment information provided by you to BoltonTechnical.co.za during checkout or customer account registration is accurate, complete, current, and pertain to your person or business.
7.2
You warrant that you are lawfully purchasing and will lawfully possess and/or operate any Products, Wilson equipment, or other materials made available through BoltonTechnical.co.za, or in connection to Bolton Technical.
7.3
You agree that it is your responsibility to know and abide by all of your local laws and regulations, including cellular phone restrictions and radio frequency equipment laws pertaining to buying, importing, receiving, owning, possessing, or operating any cellular phone boosting equipment. Most of our Products are FCC (Federal Communications Commission) and/or IC (Industry Canada) approved for sale and operation but local regulations and/or cellular provider-specific restrictions may make certain Products unlawful to buy, possess, or use. You bear all financial and legal responsibility for purchasing, receiving, processing, and/or using any Products you acquire through BoltonTechnical.co.za.
7.4
You warrant that, prior to your purchase from BoltonTechnical.co.za, you have confirmed, through a reputable third party source other than Bolton Technical, the lawful nature of all Products ordered through BoltonTechnical.co.za. You further warrant that you will possess, transport, service, and operate all Products purchased from BoltonTechnical.co.za in the location, in the jurisdiction, and in the manner that is completely lawful and in full compliance with all applicable user/owner registration regulations and cellular phone restrictions.
7.5
You agree not to sell, resell, distribute, export, ship, trade, or exchange any Products purchased or acquired through BoltonTechnical.co.za, or in connection with Bolton Technical, if such activity violated the law or the Terms of Use.
7.6
You warrant that all content you post on or make available through BoltonTechnical.co.za: (1) complies with all applicable laws, statutes, ordinances, and regulations; (2) does not breach and have not breached any duty toward or rights of any person or entity including rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (3) is not pornographic, hateful, violent, or otherwise inappropriate for general public viewing.
7.7
Customers and International Customers agree not to enter into any direct distribution or reselling agreements or become dealers or marketers with Wilson Electronics for any Wilson Products for the duration of one (1) year from the time of last purchase from BoltonTechnical.co.za. The Terms of Use will always supersede all other agreements and contracts entered by users of BoltonTechnical.co.za.
8. Spam and Posting Agents
8.1
A "posting agent" is a third-party agent, service, or intermediary that post customer feedback, product reviews, emails, messages, or other content to BoltonTechnical.co.za on behalf of others. “Spam” is unsolicited junk emails, messages, or content submitted to BoltonTechnical.co.za. Posting agents and spam are not allowed on BoltonTechnical.co.za. You may not post any spam or other junk content, commercial or otherwise, on our website and you may not use posting agents to submit any such prohibited content to our website.
8.2
Any violations to this provision may be investigated and reported to appropriate internet spam and fraud organizations. Any posting agent and relating users or customers may be subject to financial damages and legal penalties and have their BoltonTechnical.co.za user privileges immediately revoked.
8.3
To ensure the quality of our product listings and user communications, we are committed to keeping BoltonTechnical.co.za spam-free. As a Bolton Technical user, you agree that posting fake or unrelated content, or sending unsolicited emails or messages to or through BoltonTechnical.co.za is prohibited. You are not licensed by us to post any content other than product-specific reviews or inquiries, or order-specific messages to BoltonTechnical.co.za. You may not use BoltonTechnical.co.za to send spam or any other unsolicited or undesirable content to other users or to us.
8.4
Any unauthorized use of BoltonTechnical.co.za, including its servers, computer systems, software code, and user information for the purpose of distributing unsolicited or undesirable content through internal messages or emails to other Bolton Technical users is a direct violation of the Terms of Use and certain federal and state laws, including the Computer Fraud and Abuse Act.
8.5
Any violations to this provision may subject the sender and all affiliates or agents to civil and criminal penalties, customer account deletion, and user privileges termination.
8.6
You may not sell, rent, share, or otherwise disclose any personal information of other BoltonTechnical.co.za users which you have obtained through BoltonTechnical.co.za, without prior written permission from those users and from Bolton Technical. Any unauthorized use or disclosure of any personal information of other BoltonTechnical.co.za users will constitute a serious violation of the Terms of Use.
8.7
To protect our customers from abusive content, we reserve the right to automatically filter and/or manually review all user-created content, including product reviews, product inquiries, customer feedback, and other user postings to check for spam, viruses, phishing attacks, or other malicious, illegal, abusive, or prohibited content.
8.8
To report spam, spoof emails, or other malicious or unsolicited content or communication, please forward the suspected message or content to admin@ BoltonTechnical.co.za.
9. Violation of Terms of Use
9.1
All BoltonTechnical.co.za users should report to us any violations of the Terms of Use, including any suspicious, unapproved, or unlawful content or activity observed on BoltonTechnical.co.za or made available through BoltonTechnical.co.za. Without the direct assistance of our users, it may take us considerable amount of time to identify and confirm erroneous, abusive, fraudulent, or prohibited content or activity on BoltonTechnical.co.za.
9.2
You accept that, because damages are often difficult to quantify, if it becomes necessary for Bolton Technical to pursue legal action to enforce the Terms of Use, you will be liable to pay us the following amounts as liquidated damages, which you acknowledge as reasonable estimates of our damages for the specified violations of the Terms of Use: (1) if you create, post, send, or otherwise make available any content, including product reviews, product questions, chat or email messages, or transaction feedback that: (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) includes personal or identifying information about another person without that person's explicit consent, you shall pay us one thousand dollars ($1,000) for each such content item; (2) if we establish limits on the frequency with which you may access BoltonTechnical.co.za, or terminate your access to or use of BoltonTechnical.co.za, you shall pay us one hundred dollars ($100) for each content item posted in excess of such limits or for each day on which you access BoltonTechnical.co.za in excess of such limits, whichever is higher; (3) if you post any unsolicited content to public areas of the website, including fake or not genuine customer feedback, product review, user communication or SEO-boosting spam, or send unsolicited email advertisements, promotional material, commercial offers, or messages, including fake or not genuine customer or user feedback, review, inquiries or communication to or through BoltonTechnical.co.za, you shall pay us fifty dollars ($100) for each such posting, email, or message; (4) if you post content in violation of the Terms of Use, other than as described in this provision, you shall pay us one hundred dollars ($100) for each item of content posted; (5) if you are a posting agent that uses BoltonTechnical.co.za in violation of the Terms of Use, in addition to any liquidated damages under this provision, you shall pay us one hundred dollars ($100) for each and every item of content you post or send in violation of the Terms of Use; and the account owner, by engaging the posting agent in violation of the Terms of Use shall pay us an additional one hundred dollars ($100) for each item of content posted or sent by the posting agent on behalf of the account owner in violation of the Terms of Use; (6) if you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any content or information made available through BoltonTechnical.co.za, other than your own content, in violation of the Terms of Use without previous written permission from us, you shall pay us two thousand dollars ($2,000) for each day during which you engage in such conduct. We may elect, in its sole discretion, to issue a formal warning before assessing any damages.
9.3
If we and/or a court of law find you guilty of the above violations, you agree to pay all of the above penalty reimbursements to Bolton Technical in full and within thirty (30) days from the date when we send you the written violation notice. Violation notices will be sent to offenders via email and/or postal mail, based on the most current user or third party contact information available to us. All appeals must be initiated by the offender or its authorized agent within thirty (30) days from mail date of violation notice from us.
9.4
The above penalty payments for the specified violations only constitute reimbursement to us and will not remove any potential criminal penalties or third party legal ramifications.
9.5
If you are in doubt whether your content or action will constitute a violation of this Terms of Use, please review the Terms of Use, all relevant Help files describing the normal and intended use of BoltonTechnical.co.za, or contact the BoltonTechnical.co.za team directly via email or mail. We will try to respond as promptly and thoroughly as possible to all user concerns and questions.
9.6
For all other violations, or as determined by Bolton Technical, you agree to pay us the actual damages, to the extent such actual damages can be reasonably calculated.
9.7
Our failure to act with respect to a reported or identified violation of the Terms of Use by you, other BoltonTechnical.co.za user, or third party does not waive our right to act with respect to subsequent or similar violations
9.8
Notwithstanding any other provision of the Terms of Use, BoltonTechnical.co.za retains the right to seek the remedy of specific performance of any provision contained in the Terms of Use, or a preliminary or permanent injunction against the violation of any such provision, or in aid of the exercise of any power granted in the Terms of Use, or any combination thereof.
9.9
You accept that ignorance is no excuse for violation of the Terms of Use. If Bolton Technical determines your actions as abusive, fraudulent, or otherwise violating the Terms of Use, directly or indirectly, intentionally or unintentionally, you will be subject to Violation of the Terms of Use section and the rest of the Terms of Use.
10. Limitations on Bolton Technical
10.1
We may establish limits concerning your use of BoltonTechnical.co.za, including the maximum duration of content retention by BoltonTechnical.co.za, the maximum number or size of content pieces, files, or messages submitted to or retrieved from BoltonTechnical.co.za, and the frequency with which you may access BoltonTechnical.co.za.
10.2
We have the right but not the obligation, for any reason and in our sole discretion, to delete or deactivate your Bolton Technical account, block your email or IP address, or otherwise terminate your access to and use of BoltonTechnical.co.za, immediately and without notice, and remove and discard any content and information you have submitted to BoltonTechnical.co.za. We may immediately terminate your Bolton Technical account privileges for serious or repeat violations of the Terms of Use, as determined by us. You accept that we shall not be liable to you or any third-party for any termination of your access to BoltonTechnical.co.za.
10.3
We have no responsibility or liability for the deletion, failure to store, or failure to maintain error-free any content, information, or other material submitted to, maintained by, or transmitted through BoltonTechnical.co.za. You accept that we do not guarantee the quality, availability, or existence of any content, information, or other material submitted by you to BoltonTechnical.co.za or accessed by you through BoltonTechnical.co.za.
10.4
You accept that BoltonTechnical.co.za is also provided to you without warranty of any kind. We give no guarantees that BoltonTechnical.co.za will be available at continuously, any given time, or without interruptions. All direct or indirect risks related to the provision of BoltonTechnical.co.za and use of BoltonTechnical.co.za and are borne entirely by you.
10.5
We are constantly innovating to provide the best service shopping experience for its users. You accept that the form and nature of BoltonTechnical.co.za may change from time to time without prior notice to you. We may stop, temporarily or permanently, providing BoltonTechnical.co.za, or any features within BoltonTechnical.co.za, to you or other users, at our sole discretion and without prior notice.
10.6
We will occasionally update BoltonTechnical.co.za, with or without notice. These updates to BoltonTechnical.co.za are designed to improve or enhance BoltonTechnical.co.za and may take the form of bug fixes, enhanced functions, new software modules, or completely new versions. You acknowledge the value of such BoltonTechnical.co.za updates and accept any consequent system downtimes and service outages due to their implementation.
10.7
We reserve the right, at any time and without notice, to modify or discontinue, temporarily or permanently, BoltonTechnical.co.za, or any part thereof. You agree that we shall not be liable to you or any third party for any modification, suspension, or discontinuance of BoltonTechnical.co.za.
10.8
You may stop using BoltonTechnical.co.za at any time and you do not need to specifically inform Bolton Technical when you stop using BoltonTechnical.co.za. The Terms of Use will continue to apply until your relationship with Bolton Technical will end, as defined in “Ending Your Relationship With Bolton Technical” section.
11. Disclaimer of Warranties
11.1
You agree that you access and use BoltonTechnical.co.za entirely at your own risk. We offer BoltonTechnical.co.za “as is” or “as available”, without any warranties of any kind.
11.2
You accept that we, our officers, directors, employees, agents, partners, successors, licensors, licensees, consultants, contractors, and affiliates (collectively, “Affiliates”), do not represent or warrant to you that: (1) your use of BoltonTechnical.co.za will meet your requirements; (2) your use of BoltonTechnical.co.za will be uninterrupted, timely, secure, or error-free; (3) any services, products, or other materials or deliverables purchased or obtained on or through BoltonTechnical.co.za will meet your requirements or expectations; (4) any information or content obtained on or through BoltonTechnical.co.za will be accurate, complete, current, reliable, secure, or lawful; (5) any results of or in connection with your use of BoltonTechnical.co.za will meet your requirements or expectations; and (6) that defects in the operation or functionality of BoltonTechnical.co.za will be corrected.
11.3
We disclaim any warranties or liability for damage or loss resulting from your use of any Bolton Technical content or information, including listings, bids, profiles, messages, service contracts, feedback, or any other material made available through BoltonTechnical.co.za. We disclaim any warranties for services, products, information, or other deliverables purchased, obtained, sold, provided, or advertised through BoltonTechnical.co.za. We disclaim any warranties for viruses or other harmful components, Bolton Technical content, or non-Bolton Technical external materials obtained from or in connection with BoltonTechnical.co.za. You accept that we expressly disclaim all warranties and conditions of any kind, whether express or implied, including without limitations the implied warranties and conditions of Merchantability, Fitness for a Particular Purpose, and Non-Infringement.
11.4
We disclaim any warranties or liability for damage or loss resulting from your use of any non-Bolton Technical content or resources, including any external hyperlinks, advertisings, promotions, referrals, websites, or any other external resources are found on or made available through BoltonTechnical.co.za. We disclaim any warranties or liability for the quality, accuracy, currency, reliability, availability, or legality of such non-Bolton Technical content.
11.5
Any content, information, material, or external resources are accessed or obtained by you from or through BoltonTechnical.co.za is done so at your own discretion and risk. You will be solely responsible for any damage to your computer system, device, software, or data that results from your use of BoltonTechnical.co.za.
11.6
No advice or information, whether oral or written, obtained by you from Bolton Technical or through BoltonTechnical.co.za shall create any warranty if it is not expressly stated in the Terms of Use.
11.7
Nothing in this Agreement or in the Terms of Use shall exclude or limit our warranty or liability for losses which may not be lawfully excluded or limited by applicable law. Some jurisdictions do not allow the exclusion of certain warranties or liability, including implied warranties or liability for loss or damage caused by negligence, breach of contract, breach of implied terms, or incidental or accidental damages. Accordingly, only lawful limitations will apply to you and our liability will be limited to the maximum extent permitted by law.
11.8
Bolton Technical disclaims any and all representations and warranties with respect to this website and the content and Products made available through it, whether expressed or implied, including merchantability and fitness for a particular purpose or use.
11.9
Bolton Technical disclaims any and all warranties, expressed or implied, for any Product offered on this website. This disclaimer does not apply to Product Warranty offered and honored by Wilson Electronics, the manufacturer.
11.10
Bolton Technical does not endorse nor make any warranties or representations about the options, services, data, or third party website you may access, download, link to, or use as a result of using BoltonTechnical.co.za. Links to other websites are provided as convenience only. You need to make your own decisions regarding your interactions or communications with other websites.
11.11
You agree that Bolton Technical makes no representations that the content provided on BoltonTechnical.co.za is applicable or appropriate for use in locations outside of South Africa. We do not guarantee the accuracy, completeness, relevance, timeliness, or usefulness of any content made available through BoltonTechnical.co.za
11.12
You accept that Bolton Technical assumes no risk or responsibility for your use, abuse, or misuse of any content or Products made available through BoltonTechnical.co.za.
12. Limitations of Liability
12.1
You expressly understand and agree that we and our Affiliates shall not be liable to you or any third party for any direct, indirect, accidental, consequential, or exemplary damages, including damages for loss of profits, loss of goodwill or business reputation, loss of use or data, cost of procurement of substitute goods or services, or other tangible or intangible losses, relating to your use of BoltonTechnical.co.za or any content submitted to or made available through BoltonTechnical.co.za.
12.2
Such limitations of liability shall apply whether the damages and losses arise from or in connection with: (1) your or other user’s use or misuse of BoltonTechnical.co.za; (2) your reliance on the completeness, accuracy, timeliness, reliability, legality, availability, or existence of any content or external materials made available through BoltonTechnical.co.za; (3) any malfunction, interruption, suspension, modification, alteration, termination, or permanent or temporary cessation in the provision of BoltonTechnical.co.za, or any part thereof; (4) unauthorized and fraudulent access to your Bolton Technical account or data; (4) deletion, corruption, or failure to store, any content or data maintained or transmitted by BoltonTechnical.co.za; (5) your failure to provide Bolton Technical with accurate or current user information or content; or (6) your failure to keep your username and/or password secure and confidential.
12.3
Such limitations shall also apply with respect to damages incurred by reason of other services, products, or information obtained through or in connection with BoltonTechnical.co.za, including any non-Bolton Technical third party links, advertisements, promotions, websites, or other external resources made available through BoltonTechnical.co.za.
12.4
You will not hold us liable for the lack of accuracy, completeness, or timeliness of any content, including Product listing and informative guides, made available through or in connection with BoltonTechnical.co.za. You agree that we exert reasonable effort to ensure reliable and error-free content but cannot guarantee it.
12.5
Such limitations of liability shall apply even if we have been advised or should have been advised or aware of the possibility of such damages.
12.6
You acknowledge that we are an online distributor which resells Products manufactured by a separate entity. We offer BoltonTechnical.co.za only as a venue for purchasing, reviewing, and researching such third party Products. It is the manufacturer, and not us, that guarantees the Products’ quality of craftsmanship and materials for specified period of time, as disclosed in the Limited Manufacturing Warranty information for each Product at the specific time of purchase.
12.7
We provide BoltonTechnical.co.za “as is” and do not guarantee its quality, reliability, or continuity.
12.8
To the fullest extent permitted by law, we are not liable for loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising from your use of BoltonTechnical.co.za. In some jurisdictions limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. If we are found to be liable, the liability of Bolton Technical to you or any third party is limited to the amount of fees you paid to Bolton Technical in the twelve (12) months prior to the action giving rise to this liability.
12.9
Under no circumstances, shall Bolton Technical or any of its employees, directors, officers, agents, contractors, vendors, or suppliers be liable for any direct or indirect losses or damages arising out of or in conjunction with the use of or the inability to use BoltonTechnical.co.za.
12.10
This is a comprehensive limitation of liability that applies to all losses and damages of any kind, whether general, special, consequential, incidental, exemplary, or otherwise, whether in contract, negligence, or other action, even if an authorized representative of Bolton Technical has been advised, known, or should have known of the possibility of such damages.
12.11
If you are dissatisfied with BoltonTechnical.co.za, or any Products or content made available through it, or these Terms of Use, your sole remedy is to discontinue using BoltonTechnical.co.za. Your usage of BoltonTechnical.co.za constitutes complete understanding and acceptance of the Terms of Use and all relevant laws and regulation pertaining to the Products made available through BoltonTechnical.co.za.
12.12
You agree that you are using BoltonTechnical.co.za at your sole discretion and at your sole risk.
13. Indemnity
13.1
You indemnify, defend, and hold us and our Affiliates (collectively, "Indemnified Persons") harmless from any claims and third party claims, demands, liability, loss, costs, or expenses, including damage awards, settlement amounts, and legal fees brought against any Indemnified Persons, arising from or related to your use of BoltonTechnical.co.za, or content or Products viewed, purchased, or made available through BoltonTechnical.co.za or in connection to Bolton Technical , or any materials or external resources accessed through BoltonTechnical.co.za, including: (1) your violation of any laws or rights of another; (2) your breach of the Terms of Use; (3) your decision to order, buy, deliver, use, misuse, abuse, or fail to use any Products; supply personal and financial information to Bolton Technical; (4) your decision to list services, accept or post bids, select winning bids, or enter into service contracts with other users; (5) any breach of service contracts between users and/or other third parties; (6) your taxation or other government reporting obligations pertaining to the purchase, receipt, possession, or usage of Products made available through BoltonTechnical.co.za or any external resources made available through BoltonTechnical.co.za; (7) any negligent or intentional wrongdoing by you, other users, or third parties in connection to BoltonTechnical.co.za; and (8) your failure to meet any other obligation to us, applicable third parties, or other users.
14. Other Legal
14.1
You agree that we offer BoltonTechnical.co.za to you as a standard shopping cart solution for buying Products online. No agency, partnership, joint venture, employer-employee, or franchisor-franchisee relationship is intended or created by the Terms of Use or your usage of BoltonTechnical.co.za.
14.2
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of BoltonTechnical.co.za, the content made available through BoltonTechnical.co.za, or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. Sufficient documentation with proof of date of such occurrence must be provided to validate the currency and validity of the claim.
14.3
The Terms of Use and the relationship between you and Bolton Technical shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Ford Bent, Texas, USA to resolve any legal matter arising from the Terms of Use and/or usage of BoltonTechnical.co.za. Notwithstanding this, you agree that Bolton Technical shall still be allowed to apply for injunctive remedies, or an equivalent type of urgent legal relief, in any jurisdiction.
14.4
The paragraph headings in the Terms of Use and other parts of the Terms of Use are included for ease of reference only and have no binding effect.
14.5
Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. There is no obligation for, or guarantee by, us to take action against all breaches of the Terms of Use. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. If any provision of the Terms of Use is found unenforceable, such provision shall be struck and shall be removed from the Terms of Use without affecting the rest of the Terms of Use. The remaining provisions of the Terms of Use shall continue to be valid and enforceable. If we do not exercise or enforce any legal right or remedy which is contained in the Terms of Use, or which we have the benefit of under any applicable law, this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us.
14.6
The Terms of Use constitutes the entire agreement between you and us and governs your use of BoltonTechnical.co.za or any content originated or made available through BoltonTechnical.co.za, superseding any prior agreements between you and us and between you and other third parties, with respect to the subject matter contained herein.
14.7
The Terms of Use will continue to apply until terminated by either you or us with a 30-day written notice. Certain legal rights, obligations, and liabilities that you and Bolton Technical have been subject to under the Terms of Use shall continue to apply indefinitely.
14.8
By accessing or using BoltonTechnical.co.za, you agree that your usage of BoltonTechnical.co.za is subject to The Terms of Use and all applicable laws of the USA and the state of Texas.