TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE
By using this website, you signify your acceptance of these terms and conditions of use. For the purposes of these terms and conditions, “Us”, “Our” and “We” refers to With Bogart and withbogart.com and “You” and “Your” refers to you, the client, visitor, website user or person using our website.
AMENDMENT OF TERMS
We reserve the right to change, modify, add or remove portions of these terms at any time. Please check these terms regularly prior to using our website to ensure you are aware of any changes. We will endeavour to highlight any significant or substantive changes to you where possible. If you choose to use our website then we will regard that use as conclusive evidence of your agreement and acceptance that these terms govern your and With Bogart’s rights and obligations to each other.
LIMITATION OF LIABILITY
It is an essential pre-condition to you using our website that you agree and accept that With Bogart is not legally responsible for any loss or damage you might suffer related to your use of the website, withbogart.com, whether from errors or from omissions in our documents or information, any goods or services we may offer or from any other use of the website. This includes your use or reliance on any third party content, links, comments or advertisements. Your use of, or reliance on, any information or materials on this website is entirely at your own risk, for which we shall not be liable.
It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific, personal requirements. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
COMPETITION AND CONSUMER ACT
For the purposes of Schedule 2 of the Australian Consumer Law, in particular Sections 51 to 53, 64 and 64A of Part 3-2, Division 1, Subdivision A of the Competition and Consumer Act 2010 (Cth), With Bogart’s liability for any breach of a term of this agreement is limited to: the supplying of the goods or services to you again; the replacement of the goods; or the payment of the cost of having the goods or services supplied to you again.
You must be over 18 years of age to use this website and to purchase any goods or services.
LINKS TO OTHER WEBSITES
With Bogart may from time to time provide on its website, links to other websites, advertisements and information on those websites for your convenience. This does not necessarily imply sponsorship, endorsement, or approval or arrangement between With Bogart and the owners of those websites. With Bogart takes no responsibility for any of the content found on the linked websites.
With Bogart’s website may contain information or advertisements provided by third parties for which With Bogart accepts no responsibility whatsoever for any information or advice provided to you directly by third parties. We are making a ‘recommendation’ only and are not providing any advice nor do we take any responsibility for any advice received in this regard.
We take no responsibility for any engagement you may have with any website that is linked to withbogart.com, and we take no responsibility for any information, service or product advertised on or provided through any website linked to withbogart.com.
To the fullest extent permitted by law, With Bogart absolutely disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for any particular purpose. With Bogart gives no warranty that the documents, goods or services will be free of errors, or that defects will be corrected, or that our website or its server is free of viruses or any other harmful components.
Whilst we, at all times endeavour to have the most accurate, reliable and up-to-date information on our website, we do not warrant or make any representations regarding the use or the result of the use of any document, product, service, link or information in its website or as to their correctness, suitability, accuracy, reliability, or otherwise.
It is your sole responsibility and not the responsibility of With Bogart to bear any and all costs of servicing, repairs, or correction. The applicable law in your state or territory may not permit these exclusions, particularly the exclusions of some implied warranties. Some of the above may not apply to you but you must ensure you are aware of any risk you may be taking by using this website or any products or services that may be offered through it. It is your responsibility to do so.
You may change your details at any time by advising us in writing via email. All information we receive from our customers is protected by our secure servers. Withbogart.com’s secure server software encrypts all customer information before it is sent to us. Furthermore, all customer data collected is secured against unauthorized use or access. Credit card information is not stored by us on our servers.
We do not and will not sell or deal in personal or customer information. We may however use in a general sense without any reference to your name, your information to create marketing statistics, identify user demands and assist in meeting customer needs generally. In addition, we may use the information that you provide to improve our website and services but not for any other use.
DISCLOSURE OF INFORMATION
With Bogart may be required, in certain circumstances, to disclose information in good faith and where With Bogart is required to do so in the following circumstances: by law or by any court; to enforce the terms of any of our customer agreements; or to protect the rights, property or safety of our customers or third parties.
EXCLUSION OF COMPETITORS
If you are in the business of creating similar documents, goods or services for the purpose of providing them for a fee to users, whether they be business users or domestic users, then you are a competitor of withbogart.com. With Bogart expressly excludes and does not permit you to use or access our website, to download any documents or information from its website or obtain any such documents or information through a third party. If you breach this term then With Bogart will hold you fully responsible for any loss that we may sustain and further hold you accountable for all profits that you might make from such unpermitted and improper use. With Bogart reserves the right to exclude and deny any person access to our website, services or information in our sole discretion.
COPYRIGHT, TRADEMARK AND RESTRICTIONS OF USE
This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, trademarks and graphics. You are not permitted to reproduce the documents, information or materials on the website for the purposes of sale or the use by any third party. In particular you are not permitted to republish, upload, transmit electronically or otherwise or distribute any of the materials, documents or products that may be available for download from time to time on this website.
With Bogart expressly reserves all copyright and trademark in all documents, information and materials on our website and we reserve the right to take action against you if you breach any of these terms.
Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following: you may print or download to a local hard disk extracts for your personal and non-commercial use only; and you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material.
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
These terms and conditions represent the whole agreement between you and With Bogart concerning your use and access to With Bogart’s website and your use and access to the documents and information on it. No other term is to be included in this agreement except where it is required to be included by any legislation of the Commonwealth or any State or Territory. All implied terms except those implied by statute and which cannot be expressly excluded are hereby expressly excluded.
EXCLUSION OF UNENFORCEABLE TERMS
Where any clause or term above would by any applicable statute be illegal, void, or unenforceable in any State or Territory then such a clause shall not apply in that State or Territory and shall be deemed never to have been included in these terms and conditions in that State or Territory. Such a clause if legal and enforceable in any other State or Territory shall continue to be fully enforceable and part of this agreement in those other States and Territories. The deemed exclusion of any term pursuant to this paragraph shall not affect or modify the full enforceability and construction of the other clauses of these terms and conditions.
This agreement and this website are subject to the laws of Queensland and Australia. If there is a dispute between you and With Bogart that results in litigation then you must submit to the jurisdiction of the courts of Queensland.
RULES FOR POSTING ON THE WEBSITE
By using our website and submitting articles, material, images or other Content to our website, you are a Contributor and in so doing agree to the following Rules:
- . Any recommendations, comments, information, images, videos or posts (together “Posts”) the Contributor makes to our website will abide by our Rules and will be made in the spirit, culture and ethos of the website;
- . The Contributor agrees the Contributor will only make correct, accurate Posts in good faith and will not use aggressive, defamatory, rude, or offensive language. We will not condone bad language nor will we permit false claims, defamation, harassment, fraud, collusion, or Posts that may offend any person, visitor, or other third party. We can at any time, in our sole discretion, remove any Post and block the Contributor’s access to our website without notice;
- . Posts are not permitted that:
- . encourage illegal intent
- . contain ads, links or other forms of advertising
- . solicit business
- . are abusive or malicious against any other participant, our staff or any third party;
In these Contributor Rules, “Content” means any and all material, links, words, images, videos including but not limited to any submission, post or link.
The Contributor acknowledges and agrees:
- . By submitting and posting any Content to the website, the Contributor represents and warrants that the Contributor has the ownership right and title to the Content, it has not been previously published elsewhere and it will not breach any third party rights. In other words, the Content the Contributor is submitting is original, the Contributor has the right to post or repost the Content and it will not breach copyright, be considered defamatory, offensive or otherwise illegal;
- . Any Content the Contributor provides is true and correct and any facts provided are accurate and up-to-date to the best of the Contributor’s knowledge;
- . The Contributor grants the withbogart.com website irrevocable and unconditional rights to use, publish, and transmit the Contributor’s Content for sharing, educational, informational and any other reproduction. The Contributor acknowledges we are under no obligation and may not include or publish the Contributor’s Content on our website;
- . The Contributor’s Content will not include any gratuitous claims or comments about the Contributor’s business, promotional activity or advertorial content or otherwise promote the Contributor’s business, goods or services;
- . All material, links and Content the Contributor links to from our website is accurate, reliable, up-to-date, lawful, and not misleading;
- . The Contributor agrees the Contributor will not transmit any viruses, malware, worms, etc. of any kind and that the Contributor will not upload, post, host or transmit unsolicited material or messages to the website;
- . Any Content the Contributor submits to the website may be shared, copied, reposted, redistributed or otherwise used by other Contributors, visitors, Advertisers or users of the website on social media, educational platforms or any other channels provided the relevant attribution to the owner is made;
- . The Contributor agrees that the Contributor is contributing an original, unique article researched and written by the Contributor. Alternatively any Content, in full or in part the Contributor submits (including any photos, images or other content submitted) has all the necessary third party licenses to enable the Content to be published by the website;
- . No agency, partnership, joint venture, or employment is created as a result of these Rules, and the Contributor does not have any authority of any kind to bind us in any respect whatsoever; and
- . We are not in any way responsible for action, loss or damage that may result from any Content the Contributor may provide to us that we post on our website including but not limited to any loss of business, revenue, profits or any claim by any individual or otherwise that may read and rely on the Contributor’s Content to their detriment.
The Contributor acknowledges, agrees and undertakes that the Contributor shall be the legally responsible party for any conduct in respect of any legal proceedings and the Contributor agrees and undertakes to indemnify us and keep us at all times fully indemnified from and against any claims, demands, costs, damages or awards whatsoever arising as a result of any action for any Content the Contributor posts or provides including but not limited to copyright infringement claims directly or indirectly related to the Contributor’s Content.