Terms and Conditions

Last Updated 25 June 2023

This Website is operated by Bonaparte Pty Ltd ABN 53 117 625 395 (Bonaparte). It is available at: www.bonaparte.com.au and may be available through other addresses or channels.

In these terms and conditions, “we” “us” and “our” refers to Bonaparte. Your access to and use of all information on this website is provided subject to the following terms and conditions.

We reserve the right, at any time and at our discretion, to amend or vary these Terms by publishing the varied terms on the Bonaparte Website. Your use of the Bonaparte Website following any amendments will represent your agreement to be bound by these terms and conditions as amended. We therefore recommend that each time you access the Bonaparte Website you read these terms and conditions. Materials and information on this Website (Content) are subject to change without notice. We do not undertake to keep the Bonaparte Website up-to-date an we are not liable if any Content is inaccurate or out-of-date.

By using the Bonaparte Website and accessing the Bonaparte Website you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms, you must not immediately cease using the Bonaparte Website.

Licence to use our Site: We grant you a non-exclusive, royalty-free, revocable, worldwide, non-transferable licence to use the Bonaparte Website in accordance with these Terms. All other uses are prohibited without our prior written consent.

Information: The Content is not comprehensive and is for general information purposes only. It does not take into account your specific needs, objectives or circumstances, and it is not advice. While we use reasonable attempts to ensure the accuracy and completeness of the Content, we make no representation or warranty in relation to it, to the maximum extent permitted by law.

Terms of Use

1.1. By accessing, downloading, installing, displaying, or using the Bonaparte Website, you indicate that you accept these Terms of Use and that you agree to abide by them as a legally binding agreement between you and us. Your access, download, installation or use of the Bonaparte Website constitutes your acceptance of these Terms of Use which takes effect on the date on which you access, download, install, display, or use the Bonaparte Website. If you do not agree with these Terms of Use, you must cease accessing, downloading, installing, displaying, or using the Bonaparte Website immediately.

1.2. The Bonaparte Website is owned and operated by Bonaparte Pty Ltd. Bonaparte reserves the right to amend, modify, add, delete, and make corrections to the Terms of Use or by updating the Bonaparte Website to incorporate new Terms of Use, at any time without notice. All changes are effective from the date they are posted and your continued use of the Bonaparte Website will constitute your acceptance of the variation of the Terms of Use. If you do not accept the changes to the Terms of Use, your exclusive remedy is to stop using the Bonaparte Website. It is your responsibility to ensure you are aware of any changes to these Terms of Use each time you utilise the Bonaparte Website.

1.3. We may update and make changes to the Bonaparte Website from time-to-time to reflect changes to our services, products, our Customer’s needs, changes in law and our business priorities.

1.4. You are responsible for ensuring that all persons who access the Bonaparte Website through your internet connection or device are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

2. Use of the Bonaparte Website and/or Data

2.1. Use

You may view, use and display the Bonaparte Website on your mobile device. You may use the Bonaparte Website to view information and material provided by us. You may not use the the Bonaparte Website for any other purpose.

You acknowledge that you have no rights in, or to, the Bonaparte Website or technology used or supported by the Bonaparte Website, other than the right to use the Bonaparte Website in accordance with the terms of this Agreement.

You must:

(a) comply with any applicable law and regulation relating to use of the Bonaparte Website, including laws regarding privacy and data security, and not use the Bonaparte Website in any unlawful manner, and/or for any unlawful purpose;

(b) Always acknowledge our status (and that of any identified contributors) as the authors of content on the Bonaparte Website. If you print off, copy, or download any part of the Bonaparte Website in breach of these Terms of use, your right to use the Bonaparte Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

2.2. Limitations of Use

You must use the Bonaparte Website in accordance with these Terms of Use

Prohibited conduct: You must not do or attempt to do anything: that is unlawful; prohibited by any laws applicable to the Bonaparte Website; which we would consider inappropriate; or which might bring us or the Bonaparte Website into disrepute, including (without limitation):

(a) anything that would constitute a breach of an individual’s privacy or any other legal rights;

(b) copying, transmitting, distributing, reproducing, licencing, altering, reverse engineering, adapting or modifying the whole or any part of the Bonaparte Website in any way whatsoever;

(c) tampering with, modifying or introducing to the Bonaparte Website malicious code or knowingly transmitting viruses or other disabling features, or damaging or interfering with the Bonaparte Website, including (without limitation) using trojan horses, viruses or piracy or programming routines that may damage or interfere with the Bonaparte Website or erase or make inaccessible data stored on the Bonaparte Website;

(d) using any robot, spider or other automatic device, process or means to access the Bonaparte Website for any purpose, including monitoring or copying any of the material on the Bonaparte Website;

(e) using any manual process to monitor or copy any of the material on the Bonaparte Website for any other unauthorised purpose without our prior written consent;

(f) using any automatic or manual process to reverse engineer or decompile any part of the Bonaparte Website;

(g) using any device, software or routine that interferes with the proper working of the Bonaparte Website;

(h) attacking the Bonaparte Website via a denial-of-service attack or a distributed denial-of-service attack;

(i) using the Bonaparte Website in any way that could damage, disable, overburden, impair or compromise the Bonaparte Website, including hacking into it or bypassing technical security measures of the computer systems used by us or other users of the Bonaparte Website;

(j) using the Bonaparte Website in a way which infringes any intellectual property rights, privacy rights or any other rights of us or any third party;

(k) using the Bonaparte Website for any commercial endeavours unless specifically endorsed or approved in writing by Bonaparte

(l) modifying the paper or digital copies of any materials you have printed off or downloaded in any way, and using any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text;

(m) using the Bonaparte Website to defame, harass, threaten, menace or offend any person;

(n) interfering with any user using the Bonaparte Website;

(o) using the Bonaparte Website to send unsolicited email messages;

(p) facilitating or assisting a third party to do any of the above acts; or

(q) otherwise attempting to interfere with the proper working of the Bonaparte Website or use the Bonaparte Website in any other unlawful manner or for any unlawful purpose

We may report any of the activities above to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Bonaparte Website will cease immediately.

No commercial use: The Bonaparte Website is not for commercial use. You must not use the Bonaparte Website, or any of the Content, for commercial purposes, including any advertising or advertising revenue generation activity on your own website or any other platform, without obtaining a licence to do so from us.

Exclusion of competitors: You are prohibited from using the Bonaparte Website, including the Content, in any way that competes with our business.

4. Termination

These Terms are effective until terminated by us, which we may do at any time and without notice to you. In the event of termination, all restrictions imposed on you by these Terms and limitations of liability set out in these Terms will survive.

4.1. We may cancel or suspend your access to use the Bonaparte Website at any time, with or without notice or liability, for any reason whatsoever, including without limitation, if we determine that you have breached the Terms of Use, or performed any act which is harmful or likely to be harmful to us or other parties.

4.2. We reserve the right to cease operating the Bonaparte Website at any time, without notice, and to terminate our agreement with you.

4.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Discontinuance: We may, at any time and without notice to you, discontinue our Site, in whole or in part. We may also exclude any person from using our Site, at any time and at our sole discretion. We are not responsible for any Liability you may suffer arising from or in connection with any such discontinuance or exclusion.

5. Intellectual Property and Use of Bonaparte Website

5. 1. You acknowledge that Bonaparte (or one of our subsidiary companies) is the owner of the Bonaparte Website and all intellectual property in the information and material published on the Bonaparte Website including domain names, related names, logos, product and service names, designs, slogans, copyrights, trademarks, patent rights, know-how, programming code and content. All content in the Bonaparte Website, including all software, design, brand names, text, photographs, information, sound recordings, images and any other material is protected by copyright and trademark laws and treaties around the world and intellectual property laws in Australia. All such rights are reserved.

5.2 You obtain no interest or intellectual property rights in these materials. Your use of the Bonaparte Website and your use of and access to any Content does not grant or transfer to you any rights, title or interest in relation to the Bonaparte Website or the Content. You may not do anything which interferes with or breaches those laws or the intellectual property rights in the Bonaparte Website or any of its components. You must not:

(a) copy or use, in whole or in part, any Content;

(b) reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any Content to any third party; or

(c) breach any intellectual property rights connected with the Bonaparte Website or the Content, including (without limitation) altering or modifying any of the Content, causing any of the Content to be framed or embedded in another website or platform, or creating derivative works from the Content.

6. Warranties & Liability

6.1. Exclusions of warranties

All content and services on or available through the Bonaparte Website are provided on an ‘as is’ and ‘as available’ basis and without warranties of any kind, expressed or implied except any which may be implied by statute and are incapable of exclusion.

To the maximum extent permitted by law, Bonaparte excludes, and does not make any representation, warranty or endorsement of any kind, whether express or implied, in relation to the content, accuracy, completeness, accessibility, suitability, safety, security, reliability, or any other aspect of:

(a) any material and/or information in the Bonaparte Website;

(b) any outputs generated by use of the Bonaparte Website; or

(c) the performance and availability of the Bonaparte Website.

Without limiting the above, you acknowledge that we do not give any warranties or guarantees that the Bonaparte Website will be accessible at all times, and without any errors, interruptions, or failures. We may suspend, withdraw, or restrict the availability of all or any part of the Bonaparte Website for business or operational reasons.

Although we make reasonable efforts to update the information on the Bonaparte Website, we make no representations, warranties or guarantees, whether express or implied, that the content on Bonaparte Website is accurate, complete or up-to-date.

We do not guarantee that the Bonaparte Website will be secure or free from bugs or viruses or any other type of malicious code or software. You are responsible for configuring your technology to access the Bonaparte Website. You should use your own antivirus software.

You read, use and act on the Bonaparte Website and the Content at your own risk.

6.2. Limitation of Liability

To the maximum extent permitted by law, Bonaparte excludes all liability for any loss or damage whatsoever which is suffered, including but not limited to direct, indirect, incidental, special, consequential, exemplary damages, or punitive damages, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.as a result of:

(a) the use of, reliance on, or action taken as a result of, any information or material on the Bonaparte Website or output from the Bonaparte Website for any decision or otherwise;

(b) any interruption, suspension, or termination of the Bonaparte Website in whole or in part for whatever reason including failure of or suspension of public or private telecommunications network;

(c) the unavailability, unsuitability, and non-connectivity of third-party sites;

(d) any loss, damage, corruption or degradation of any data or other material as a result of the use of the Bonaparte Website and or viruses or other technologically harmful material that may infect your mobile device due to your use of the Bonaparte Website;

(e) damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Bonaparte Website, any websites linked to them, any content on the Bonaparte Website, or such other websites or any services or items obtained through the Bonaparte Website or such other websites; or

(f) The exclusion of liability applied to these Terms of Use as set out in this clause 6 applies to claims whether in contract, tort (including, without limitation, negligence) or at law and even if Bonaparte has been notified of the possibility of such loss or damage.

Where our liability cannot be excluded, we limit our liability to the fullest extent permitted by the Australian Consumer Law.

6.3 You release us from liability.

To the fullest extent permitted by law, you hereby waive, release, and relinquish any and all claims that you may have against Bonaparte, its related bodies corporate, directors, officers, employees, contractors, agents and representatives (‘Bonaparte Persons’), in connection with, or arising out of, or incidental to, your access to or use of the Bonaparte Website including but not limited to downloading or relying upon any information and materials in or output from the Bonaparte Website.

You acknowledge that you use the Bonaparte Website at your own risk. You are responsible for meeting the technical and functional requirements and using the electronic communication facilities that are necessary to be able to access and use the Bonaparte Website.

6.4 You indemnify us.

You indemnify and hold harmless Bonaparte and all Bonaparte Personnel from and against any claims, actions, suits, disputes, demands, allegations, or investigations and all liabilities, damages, losses, costs, and expenses, including reasonable lawyers’ fees, arising out of or in any way connected with

(a) your access to or use of the Bonaparte Website;

(b) your breach of these Terms or Use, or

(c) your violation of any law or the rights of a third-party.

7. Third party applications or websites

Where the Bonaparte Website contains links to other sites (including banner advertisements and sponsored links) and resources owned, operated and provided by third-parties who are not under the control of Bonaparte, these links are provided for your information only. Bonaparte does not endorse, recommend, or sponsor these linked sites, their owners or operators, or any information, materials, products, or services referred to or contained on those linked websites. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources, and you access third-party websites entirely at your own risk and subject to the terms and conditions of use for those third-party websites.

Bonaparte is not responsible for the content of linked websites and makes no representation as to the accuracy of any material on these websites or mobile applications. You agree that we are not liable for any financial or physical damages that you may incur as a result of, or in connection with, your use of third-party websites, resources, or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

8. General

8.1. Governing law & jurisdiction

Your use of the Bonaparte Website and these Terms are governed by the laws of Victoria, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts operating in Victoria, Australia and any courts entitled to hear appeals from those courts and waive any right to object to proceedings being brought in those courts.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

The Bonaparte Website may be accessed throughout Australia and overseas. We make no representation that the Bonaparte Website complies with the laws (including intellectual property laws) of any country outside Australia. If you access the Bonaparte Website from outside Australia, you do so at your own risk and are responsible for complying with the laws of the jurisdiction where you access our Site.

8.2. Entire agreement

These Terms of Use, together with other documents referred to in it, constitute the entire agreement between you and us relating to the Bonaparte Website and supersede and replace any prior agreements we might have between us regarding the services.

8.3. Severability

If a provision of these Terms is held to be void, invalid, illegal or unenforceable, that provision must be read down as narrowly as necessary to allow it to be valid or enforceable. If it is not possible to read down a provision (in whole or in part), that provision (or that part of that provision) is severed from these Terms without affecting the validity or enforceability of the remainder of that provision or the other provisions in these Terms.

8.4. No-waiver.

No provision of these Terms of Use will be taken to be waived except by written notice signed by you and us.

8.5. Contacts

The Bonaparte Website is operated by Bonaparte Pty Ltd ABN 53 117 625 395, Melbourne, Victoria, Australia, email info@Bonaparte.com.au