Terms and Conditions admin 2017-02-04T10:20:00+00:00
Terms and Conditions
Please become familiar with our Terms and Conditions that are legally binding. We appreciate your cooperation in this regard.
Boot Systems Go Terms and Conditions
Last Updated on January 09, 2017.
Agreement between Boot Systems Go and its Users/Clients
You acknowledge and agree that by using Boot Systems Go, you are entering into a legally binding agreement (the “Agreement”) with Boot Systems Go (the “Company”, “we”, “our”, or “us”), and that by becoming a “User”, “Member”, “Viewer” or ”Client”, “Service Provider”, you acknowledge that you have read and understood these terms and conditions and that you agree to be bound by all aspects of this Agreement (both in letter and in spirit) and held responsible for any violations thereof. By accepting the terms of this Agreement, you also verify that you have read and understand our T’s and C’s. This statement supersedes any prior agreements (both oral or written). If any section of these terms is found to be unenforceable either in law or in practice, the rest of the agreement in its entirety will remain in effect. Additionally, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible to give effect to the intention of the provision. The Company’s failure to act or enforce any provision of the Agreement does not constitute a waiver of said provision or Agreement.
If you are using the Site as a representative for a company or firm, that organisation may have a separate agreement with us. Nevertheless, as an individual User you are bound by this Agreement regardless of any other agreements entered into by the Company.
If you do not want to become a User or Client of Boot Systems Go, do not click “Contact Us” or submit any information.
This Agreement constitutes the entire agreement between you and the Company and governs your use of the Site and the Services, superseding any prior agreements between you and the Company (unless agreed otherwise in a separately executed Agreement).
Boot Systems Go accepts outstanding payments of no longer than 30 days on any client account, except in the event of a service or product that has specific payment terms.
Should an account exceed the 30 day payback period, interest of 10% will apply on the overdue account.
It is the client’s responsibility to follow-up on an outstanding invoice, should they not receive an invoice at least two (2) weeks after the service has been rendered.
Modification to the Terms and Conditions Agreement
We reserve the right to modify, supplement, or replace the terms in this Agreement at any time with or without notice. www.bootsystemsgo.co.za shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
By entering into this Agreement (using our services), you agree to indemnify and otherwise hold harmless the Company, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages, losses, or costs (including without limitation, attorneys’ fees) resulting from (1) your use of the Site or the Services we offer; (2) unauthorised access to or alteration of your communications with or through Boot Systems Go; (3) your failure to comply with this Agreement; (4) any content you submit to us or the Site; or (5) any other matter relating to the Site or Services. Any business transactions which may arise between Users from their use of the Site or the Services are the sole responsibility of the Users involved.
Limitation of Liability
The Company does not endorse and is not responsible or liable for any Information or other content, advertising, products, goods or services available or unavailable from, or through, any Employees and Users. Your dealings with, or participation in promotions of any Members, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Members/Users exclusively and do not involve the Company. You should make whatever investigation or other resources that you deem necessary or appropriate before engaging employees.
You expressly understand and agree that the company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the company has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will boot systems go’s total cumulative damages exceed R100.
For as long as we continue to offer access to the Site or the Services we offer, we will provide and seek to develop the Site and to update, improve, and expand the Services. We allow you to access the Site and the Services as they exist and are available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue the Site or the Services, partially or entirely, or change and modify prices for all or part of the Services in our sole discretion, and we shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and/or discard any Information or other content available as part of your account, with or without notice if deemed by us to be contrary to this Agreement. For avoidance of doubt, Boot Systems Go™ has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Site or the Services.
You acknowledge and agree that we may establish general practices, policies and limits, which may or may not be published, concerning the use of the service, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the service in a given period of time. You agree that Boot Systems Go has no responsibility or liability for the deletion or failure to store any reviews, ratings and other communications maintained or transmitted by or through Boot Systems Go. You agree that Boot Systems Go has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Governing Law and Miscellaneous
This Agreement and the relationship between you and the Company will be governed by the laws of the Republic of South Africa, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located, or any other jurisdiction. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of this Agreement or related to your use of the Site or the Services shall be filed within one (1) year after such claim or cause of action arose or will forever be barred. Use of the Site or the Services is void where prohibited. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the courts of Republic of South Africa for any litigation or dispute arising out of or relating to this Agreement; (ii) agree not to commence any litigation arising out of or relating to this Agreement except in such Courts; and (iii) agree the South African courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. The Company’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
We welcome feedback. In order to improve the Site or the Services we have to offer, please send us suggestions and ideas, although please note that any ideas, specifications, drawings, concepts, or other information will be and remain the property of the Company.
Notify us of any acts contrary to this Agreement. If you believe you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with a detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.