Last updated: 08/06/2026 (8th July 2026)

Welcome to Burthurmarr.

These Terms and Conditions govern your use of our website, located at Burthurmarr.com, and any purchase you make through our website.

By accessing or using this website, browsing our content, or purchasing artwork from us, you agree to these Terms and Conditions. If you do not agree, you must not use this website.

In these Terms and Conditions, “we”, “us” and “our” refer to Burthurmarr. “You” and “your” refer to any person who accesses this website or purchases products from us.

1. About Burthurmarr

Burthurmarr is an Indigenous artist website offering original artwork, prints, merchandise, and related creative works for sale.

All artwork, images, stories, designs, cultural expressions, written content, branding, and other materials on this website are owned by Burthurmarr and/or the relevant artist, unless otherwise stated.

2. Australian Law

These Terms and Conditions are governed by the laws of Australia and, where applicable, the laws of the Australian State or Territory in which Burthurmarr operates.

By using this website, you agree that any dispute will be dealt with by the courts or tribunals of the relevant Australian jurisdiction.

Nothing in these Terms and Conditions excludes, restricts, or modifies any rights you may have under the Australian Consumer Law, contained in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

3. Australian Consumer Law

Our goods and services may come with guarantees that cannot be excluded under the Australian Consumer Law.

For major failures with goods, you may be entitled to reject the goods and receive a refund or replacement, or compensation for the reduction in value of the goods.

For minor failures, we may choose to provide a repair, replacement, or refund, where required by law.

Nothing in these Terms and Conditions limits your rights under the Australian Consumer Law.

4. Use of This Website

You agree to use this website only for lawful purposes.

You must not:

  • use this website in a way that breaches any Australian law or regulation;

  • copy, scrape, reproduce, download, republish, sell, or exploit any content without our written permission;

  • interfere with the security or operation of the website;

  • upload or transmit malicious code, viruses, or harmful material;

  • attempt to gain unauthorised access to the website, server, database, or related systems;

  • use the website to harass, abuse, defame, threaten, or offend any person;

  • make false, misleading, or fraudulent purchases or enquiries;

  • use our artwork, designs, names, logos, images, or cultural content without permission.

We may restrict, suspend, or terminate your access to the website if we believe you have breached these Terms and Conditions.

5. Website Platform and Hosting

This website may be built, hosted, or supported using third-party website services, including Hostinger and related tools, plugins, payment processors, analytics services, or ecommerce integrations.

We are not responsible for interruptions, errors, outages, data loss, technical issues, or security incidents caused by third-party platforms or service providers, except to the extent required by Australian law.

Your use of certain website functions may also be subject to the terms and policies of third-party providers.

6. Intellectual Property

Unless otherwise stated, all intellectual property rights in this website and its content are owned by Burthurmarr and/or the relevant artist.

This includes, but is not limited to:

  • original artworks;

  • images of artworks;

  • digital files;

  • designs;

  • symbols;

  • patterns;

  • stories;

  • written descriptions;

  • artist statements;

  • logos;

  • branding;

  • photographs;

  • videos;

  • website layout;

  • product descriptions;

  • cultural content.

All rights are reserved.

You may view website content for personal, non-commercial use only.

You must not, without our prior written permission:

  • copy or reproduce artwork or images;

  • print, download, screenshot, or save artwork for commercial use;

  • use artwork or designs on products, clothing, prints, digital media, NFTs, AI training datasets, advertising, social media campaigns, or business materials;

  • modify, adapt, remix, or create derivative works from our content;

  • sell, licence, rent, sublicense, distribute, or commercially exploit our content;

  • remove copyright notices, watermarks, artist names, or attribution;

  • use our content in a way that is misleading, offensive, culturally inappropriate, or damaging to the artist.

Purchasing artwork does not transfer copyright or intellectual property rights to you.

When you buy an artwork, you are purchasing the physical item or specified product only, unless a separate written agreement states otherwise.

7. Indigenous Cultural and Intellectual Property

Burthurmarr’s artwork may include cultural knowledge, stories, symbols, language, Country, family history, traditional knowledge, and cultural expression.

This content may be protected by copyright, moral rights, cultural protocols, and Indigenous Cultural and Intellectual Property principles.

You must not use, reproduce, alter, commercialise, or culturally misappropriate any artwork, story, design, image, symbol, language, or cultural material from this website without prior written consent from Burthurmarr and, where relevant, the appropriate cultural authority, community, family, or Traditional Custodians.

You must not use any artwork or cultural content from this website in a way that:

  • falsely suggests Indigenous authorship, approval, endorsement, or affiliation;

  • distorts, disrespects, or misrepresents the artist’s culture, story, Country, or community;

  • separates artwork from its cultural meaning or artist attribution;

  • uses cultural material for commercial purposes without permission;

  • breaches cultural protocols or community expectations.

We reserve all rights to take action against unauthorised or inappropriate use of our artwork and cultural content.

8. Moral Rights

The artist retains moral rights under the Copyright Act 1968 (Cth).

This means the artist has the right to:

  • be properly attributed as the creator of the artwork;

  • not have authorship falsely attributed to someone else;

  • object to derogatory treatment of the artwork that prejudices the artist’s honour or reputation.

You must not alter, crop, distort, recolour, edit, reproduce, display, or use artwork in a way that may harm the artist’s reputation, cultural integrity, or moral rights.

9. Products and Artwork

We aim to describe and display all artwork and products as accurately as possible.

However, you acknowledge that:

  • colours may appear differently depending on your screen settings;

  • dimensions are approximate unless stated otherwise;

  • handmade or original artworks may have natural variations, textures, marks, or imperfections;

  • frames, props, and display items may not be included unless expressly stated;

  • each original artwork is unique and may not be replaceable.

We reserve the right to correct errors, update product information, change prices, or withdraw products from sale at any time.

10. Orders

When you place an order through our website, you are making an offer to purchase the selected product or artwork.

We may accept or reject your order at our discretion, including where:

  • the item is unavailable;

  • the listed price or description contains an error;

  • payment is not received or is reversed;

  • we suspect fraud or unauthorised activity;

  • shipping to your location is unavailable;

  • there is a technical error with the website or payment system.

An order is not confirmed until payment has been received and we have accepted the order.

If we cancel an order after payment has been made, we will provide a refund using the original payment method, unless otherwise agreed.

11. Prices and Payment

All prices are listed in Australian dollars (AUD) unless otherwise stated.

Prices may include or exclude GST depending on whether Burthurmarr is registered for GST. The product page or checkout will indicate applicable taxes where required.

You are responsible for ensuring that your payment and delivery details are accurate.

Payments may be processed by third-party payment providers. We do not store full credit card details on our website unless expressly stated. Payment processing is subject to the terms, conditions, and privacy policies of the relevant payment provider.

We reserve the right to change prices at any time without notice, but changes will not affect orders already accepted by us.

12. Shipping and Delivery

We may ship artwork and products within Australia and, where available, internationally.

Shipping costs, delivery options, and estimated delivery times will be provided at checkout or otherwise communicated to you.

Delivery times are estimates only and may be affected by postal delays, courier delays, weather, customs, remote-area delivery issues, public holidays, or other events outside our control.

Risk in the product passes to you once the product has been delivered to the delivery address provided by you, unless otherwise required by law.

You are responsible for providing a correct and complete delivery address. We are not responsible for delays or losses caused by incorrect delivery information.

For international orders, you are responsible for any customs duties, import taxes, tariffs, or local charges unless otherwise stated.

13. Returns, Refunds and Exchanges

We handle returns, refunds, and exchanges in accordance with the Australian Consumer Law.

You may be entitled to a refund, repair, replacement, or other remedy if a product has a major or minor failure, is faulty, is not as described, or does not meet a consumer guarantee.

We do not generally provide refunds or exchanges for change of mind, including where:

  • you changed your mind after purchase;

  • you selected the wrong size, colour, or item;

  • the artwork appears slightly different in colour due to screen settings;

  • you no longer want the product;

  • you found a cheaper item elsewhere;

  • you damaged the item after delivery.

However, we may choose to offer a change-of-mind return or exchange at our discretion.

To request a return or refund, please contact us at [insert contact email] with your order number, details of the issue, and photographs if relevant.

You must not return any item without contacting us first.

14. Damaged Items

If your item arrives damaged, please contact us as soon as possible at [insert contact email].

Please include:

  • your order number;

  • clear photos of the damaged item;

  • photos of the packaging;

  • a description of the issue.

We may need this information to assess the issue, arrange a replacement or refund, or make a claim with the courier or postal provider.

Original artworks may be unique and not capable of replacement. In those cases, we will provide a remedy as required by Australian Consumer Law.

15. Commissions and Custom Artwork

If we offer commissioned or custom artwork, the terms of the commission will be agreed separately in writing.

Unless otherwise agreed:

  • deposits may be required before work begins;

  • deposits may be non-refundable once work has commenced, except where required by law;

  • timeframes are estimates only;

  • the artist retains copyright and moral rights in the commissioned work;

  • the purchaser receives ownership of the physical artwork only;

  • commercial use, reproduction, merchandise, logos, branding, or licensing rights are not included unless expressly agreed in writing.

Custom artwork may not be eligible for change-of-mind returns, subject to your rights under Australian Consumer Law.

16. User Comments, Reviews and Submissions

Parts of this website may allow users to post comments, reviews, feedback, or other content.

You are responsible for any content you submit.

You warrant that your content:

  • is accurate and not misleading;

  • does not infringe any copyright, trademark, moral right, privacy right, cultural right, or other third-party right;

  • is not defamatory, abusive, threatening, offensive, discriminatory, obscene, or unlawful;

  • does not contain spam, advertising, malware, or harmful code;

  • does not falsely suggest endorsement by Burthurmarr or the artist.

By submitting content to our website, you grant Burthurmarr a non-exclusive, royalty-free, worldwide licence to use, reproduce, edit, publish, display, and distribute that content for the purpose of operating, promoting, or improving the website and business.

We may monitor, edit, refuse, or remove user content at any time.

User comments and reviews reflect the views of the person who posted them and do not necessarily reflect our views.

17. Social Media Sharing

You may share links to our website or product pages on social media, provided that you do not:

  • claim ownership of our artwork or content;

  • remove artist attribution;

  • edit, crop, distort, or misuse artwork images;

  • use our content for commercial advertising without permission;

  • suggest sponsorship, endorsement, or partnership without written consent;

  • use artwork or cultural content in a disrespectful or culturally inappropriate way.

Sharing does not grant you any copyright, licence, or commercial rights.

18. Hyperlinking to Our Website

You may link to our website provided the link:

  • is not misleading or deceptive;

  • does not falsely imply sponsorship, approval, affiliation, or endorsement;

  • does not damage our reputation;

  • does not appear on a website containing unlawful, defamatory, offensive, discriminatory, obscene, or culturally inappropriate content;

  • does not infringe our rights or the rights of any third party.

You must not use our logo, artwork, images, artist name, cultural content, or branding for linking or promotional purposes without prior written permission.

We reserve the right to request removal of any link to our website. You agree to remove such links promptly upon request.

19. Third-Party Links

This website may contain links to third-party websites, platforms, services, or social media pages.

These links are provided for convenience only. We do not control and are not responsible for third-party websites, content, privacy practices, products, services, or policies.

Accessing third-party links is at your own risk.

20. Cookies

This website may use cookies and similar technologies to operate the website, improve functionality, analyse website traffic, personalise content, and support marketing.

Cookies are small text files placed on your device by a website server.

Some cookies are necessary for the website to function and cannot be disabled through our website systems. Other cookies, such as analytics or marketing cookies, may be optional depending on the tools used on the website.

By using this website, you consent to our use of cookies where consent is required by law.

You can manage or disable cookies through your browser settings. If you disable cookies, some parts of the website may not function properly.

Third-party services, including Hostinger tools, analytics providers, payment processors, embedded media, or social media plugins, may also use cookies or similar technologies. Their use of cookies is governed by their own policies.

For more information, please see our Privacy Policy and Cookie Policy, if applicable.

21. Privacy

We collect, use, store, and disclose personal information in accordance with our Privacy Policy and applicable Australian privacy laws.

Personal information may include your name, email address, phone number, billing address, shipping address, payment-related information, order details, website usage information, and communications with us.

We may use this information to:

  • process orders and payments;

  • deliver products;

  • respond to enquiries;

  • manage customer service;

  • improve the website;

  • send updates or marketing communications where permitted;

  • comply with legal obligations.

Please read our Privacy Policy for more information.

22. Promotions, Discounts and Gift Cards

Any discounts, coupon codes, promotional offers, or gift cards are subject to the specific terms provided with that offer.

Unless otherwise stated:

  • discount codes cannot be exchanged for cash;

  • only one discount code may be used per order;

  • promotions may be changed or withdrawn at any time;

  • promotions cannot be applied retrospectively to previous purchases;

  • gift cards are valid for the period required by Australian law, if applicable.

23. Events Outside Our Control

We are not responsible for delays or failures caused by events outside our reasonable control, including but not limited to:

  • natural disasters;

  • severe weather;

  • illness or injury;

  • postal or courier delays;

  • customs delays;

  • strikes or industrial action;

  • internet or hosting outages;

  • cyber incidents;

  • payment provider issues;

  • government restrictions;

  • supply chain disruptions;

  • cultural obligations, Sorry Business, community responsibilities, or ceremonial commitments.

Where possible, we will take reasonable steps to notify affected customers and minimise any impact.

24. Limitation of Liability

To the maximum extent permitted by law, we exclude all warranties, guarantees, representations, and conditions not expressly set out in these Terms and Conditions.

However, nothing in these Terms and Conditions excludes, restricts, or modifies any rights, remedies, guarantees, or protections you have under Australian Consumer Law or any other law that cannot be excluded.

To the extent permitted by law, we are not liable for:

  • indirect, consequential, or special loss;

  • loss of profit, revenue, opportunity, data, or goodwill;

  • website downtime or technical issues;

  • third-party service failures;

  • unauthorised use of your account or payment method;

  • misuse of our website by third parties.

Where our liability cannot be excluded but can be limited, our liability is limited, at our option, to:

  • replacing the goods;

  • repairing the goods;

  • supplying equivalent goods;

  • paying the cost of replacement or repair;

  • resupplying the services;

  • paying the cost of having services resupplied.

25. Disclaimer

The information on this website is provided for general information and ecommerce purposes.

While we aim to keep website content accurate and up to date, we do not guarantee that all information is complete, current, error-free, or suitable for your specific purpose.

We do not guarantee that the website will always be available, secure, uninterrupted, or free from errors, viruses, or harmful components.

You use this website at your own risk, subject to your rights under Australian law.

26. Indemnity

You agree to indemnify Burthurmarr, the artist, and any associated representatives against any loss, damage, claim, liability, cost, or expense arising from:

  • your breach of these Terms and Conditions;

  • your misuse of the website;

  • your infringement of our intellectual property rights or cultural rights;

  • your unlawful conduct;

  • your user comments, reviews, or submissions;

  • your breach of any third-party rights.

This indemnity does not limit your rights under Australian Consumer Law.

27. Changes to These Terms

We may update these Terms and Conditions from time to time.

The updated version will be posted on this page with the revised “Last updated” date.

By continuing to use the website after changes are published, you accept the updated Terms and Conditions.

28. Contact Us

If you have any questions about these Terms and Conditions, please contact us:

Burthurmarr
Website: Burthurmarr.com
Email: Burthurmarr@yahoo.com.au
Business location: Adelaide, Australia

Terms & Conditions