Website Terms of Use
Last updated: August 2026
1. About these Terms
These Website Terms of Use govern your access to and use of everdon.art (Website).
The Website is operated by Everdon Pty Ltd trading as Everdon Fine Art ABN 41 143 855 145 (Everdon, we, us or our).
By accessing or using the Website, you agree to these Terms of Use and our Privacy Policy.
Purchases made through the Website are also subject to our Terms of Sale.
Nothing in these Terms of Use excludes, restricts or modifies any right or remedy under the Australian Consumer Law (ACL) or any other law that cannot lawfully be excluded, restricted or modified.
2. Intellectual Property
The artworks, images, photographs, text, graphics, logos, branding (including EVERDON® and the E device), designs, data and other content displayed on the Website (Content) are owned by Everdon or our licensors and are protected by intellectual property laws.
We grant you a non-exclusive, personal, revocable and limited licence to access and view the Website and its Content solely for the purposes of viewing, considering and purchasing artworks or other products offered for sale on the Website.
Except as permitted by law or with our prior written consent, you must not:
- reproduce, publish, distribute, communicate or commercially exploit any Content;
- use any artwork or other Content on merchandise, products, advertising or other commercial material;
- crop, extract, adapt or create derivative works from any artwork or other Content for commercial purposes;
- use any artwork, image, data or other Content to train, fine-tune, validate, test or develop artificial intelligence, machine-learning or similar technologies;
- scrape, crawl, harvest or systematically extract Content or data from the Website;
- frame, mirror or reproduce any material part of the Website;
- remove or alter any copyright, trade mark or other proprietary notice; or
- circumvent security measures or attempt to gain unauthorised access to the Website or its systems.
Nothing in these Terms transfers or grants any right, title or interest to you in or to any Content or any related intellectual property rights, except for the limited licence expressly set out above in this clause 2.
3. Website Information
We take reasonable care to ensure that information on the Website is accurate and current.
The Website may, however, occasionally contain errors or omissions, and information may change from time to time.
Colours, textures and other visual characteristics of artworks may also appear differently depending on your screen, device settings and lighting. Room mock-ups and other digital or AI-assisted visualisations are illustrative only. Further information about artwork images and visualisations is contained in our Terms of Sale.
Product prices, availability and other information relating to purchases are subject to our Terms of Sale.
4. Acceptable Use
You must not use the Website:
- for any unlawful, fraudulent or malicious purpose;
- in a way that infringes another person’s rights;
- to interfere with or compromise the security, integrity or operation of the Website;
- to introduce viruses, malware or other harmful material;
- to gain or attempt to gain unauthorised access to any system or network; or
- in a way that unreasonably interferes with another person’s use of the Website.
We may restrict or suspend your access to the Website where we reasonably believe you have breached these Terms or where reasonably necessary to protect the Website, our systems, our rights or other users.
5. Third-Party Services and Links
The Website may use or contain links to third-party websites, platforms and services.
Third-party websites and services operate independently and may be subject to their own terms and privacy policies. We do not control them and are not responsible for their content, availability or operation.
To the extent permitted by law, your use of a third-party website or service is at your own risk.
Nothing in this section affects our obligations in relation to services or providers that we engage to fulfil an order or otherwise perform our obligations to you.
6. Website Availability
We do not guarantee that the Website will always be available, uninterrupted, secure or free from errors or harmful components.
The Website may occasionally be unavailable because of maintenance, technical issues, telecommunications failures, cyber incidents or circumstances outside our reasonable control.
We may modify, suspend or discontinue all or part of the Website where reasonably necessary.
Nothing in this section affects any rights or remedies you may have under applicable law.
7. Liability
Nothing in these Terms excludes, restricts or modifies any right, remedy or liability under the ACL or any other law that cannot lawfully be excluded, restricted or modified.
To the extent permitted by law, we are not liable for loss or damage arising from your use of or inability to use the Website that was not reasonably foreseeable.
We are not responsible for loss or damage caused by third-party websites or services that are not under our control, except to the extent that liability cannot lawfully be excluded.
Liability arising from the purchase or supply of an artwork or other product is governed by our Terms of Sale.
8. Privacy
We handle personal information in accordance with our Privacy Policy.
The Website may use cookies and similar technologies for functionality, analytics and other purposes described in our Privacy Policy.
9. Changes to the Website and these Terms
We may update the Website and these Terms of Use from time to time.
Any updated Terms will be published on the Website with a revised “Last updated” date and will apply to your use of the Website after they are published.
Changes to these Terms of Use do not retrospectively change the terms applying to a purchase you have already made. Purchases are governed by the applicable Terms of Sale.
10. General
If any part of these Terms is invalid or unenforceable, the remaining provisions continue to apply.
These Terms are governed by the laws of Victoria, Australia. Nothing in these Terms is intended to restrict any right you may have to bring a claim or proceeding in another jurisdiction where that right cannot lawfully be excluded.
11. Contact
If you have any questions about these Terms or the Website, please contact:
Everdon Fine Art
Everdon Pty Ltd
ABN 41 143 855 145
studio@everdon.art
89 Union Road
Ascot Vale
Victoria 3032
Australia