Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following disclaimer, together with our terms and conditions of use.
The information contained in this website is for general information purposes only and is provided by withbogart.com. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. You need to make your own enquiries to determine if the information or products are appropriate for your intended use.
Withbogart.com is administered in Australia. Any use outside Australia is at the user's own risk and international users are responsible for compliance with local laws.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you may be able to link to other websites which are not under the control of withbogart.com. We have no control over the nature, content and availability of those websites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Every effort is made to keep the website up and running smoothly. However, withbogart.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
This website and its contents are the copyright of With Bogart – © 2020. All rights reserved. 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 contents to a local hard disk for your personal and non-commercial use only. You may copy some extracts only 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.
You may not transmit it or store it on any other website or other form of electronic retrieval system.
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.
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.
It is an essential precondition 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.
We reserve the right to change, suspend or discontinue any aspect of the website at any time and from time to time, in our sole discretion and without notice or liability, including by adding or eliminating certain features or discontinuing the website entirely. Any description of features on the website shall not be considered to be a representation by With Bogart that such features will always be included on the website. From time to time, we may restrict access to some or all of the website. We also reserve the right to terminate, suspend, or restrict your use of or access to the website, without notice or liability, for any reason or no reason at our sole discretion. Accordingly, for any reason, and without notice, all or any part of the website may become unavailable to you at any time and for any period.
If we suspend or discontinue any aspect of the website or terminate your account, we are not responsible for providing you with any information or content. We may also delete your other information stored within or in connection with your account. You have no recourse with regard to any information that we delete regardless of any value you may ascribe to such information. We expressly disclaim any value you may attribute to any of your information stored on our servers.
You agree to defend, indemnify, and hold us harmless and our agents, managers, affiliates, licensors, licensees, successors and assigns and each of their respective directors, officers, contractors, employees, agents, service providers and partners, from and against any demands, losses, cost or debt, liabilities, claims or expenses (including reasonable legal fees) made against us by any third party due to or arising out of or in connection with (i) your use of and access to the website, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; or (v) any other party’s access and use of the website with your unique username, password, or other appropriate security code.
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. With Bogart notifies you that parental control protections (such as computer hardware, software or filtering services) are commercially available and may assist in limiting access to material that is harmful to minors.
With Bogart does 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.
We do our best to ensure that the stores listed on With Bogart are respectable and of reasonable standards. However, as with all online shopping there is a minor risk that a store is not genuine. If you are uncertain, sites such as TrustPilot can help you. If you have any reservations about the security of the site, your payment details, or your private information then you should leave the site immediately and not proceed with a purchase.
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.
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.
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.
It is your sole responsibility and not the responsibility of With Bogart to bear any and all costs of servicing, repairs, or correction.
You expressly acknowledge and agree that all medical, health, nutrition, and fitness information provided on the website, whether provided by With Bogart or by other users or third parties, is provided for informational purposes only and is not intended to be and should not be used in place of (i) the advice of your physician or other medical professionals, (ii) information contained on or in any product packaging or label. Please consult with your physician or other healthcare provider if you have health-related questions before using any of the products or methods on the website or relying on any information you obtain on the website. Should you have any health-related questions, please call or see your physician or other healthcare provider promptly.
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.
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.
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.
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.
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.
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:
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:
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.