Last Updated: 1 June 2024 

1. GENERAL 

(a) The Heatherbrae1854 website, located at www.heatherbrae1854.com ("Website"), is owned, controlled and operated by Heatherbrae1854 Pty Ltd (ACN: 669 659 161) ("Heatherbrae1854", "we" ,our", and/or us). 

(b) As a condition of using our Website, you agree to the following terms and conditions ("Terms") and to be legally bound by these Terms.

(c) If you do not agree with the Terms, you should stop using the Website. 

(d) We have the right to vary the Terms at any time and without notice to you. You agree that it is your responsibility to be aware of any changes made to the Terms, and by continuing to use the Website you agree to be governed by the Terms as varied from time to time.  

2. PURPOSE OF WEBSITE

The purpose of this Website is to provide you with the opportunity to learn more about our business, our goods and services and our work.

3. RELIANCE

​The Website has been created to provide general information to users. Whilst we will make every effort to provide you with up-to-date information, we do not guarantee the accuracy, completeness, reliability or timeliness of the Website or any reports or services provided through it, and we are not obliged to update the Website or correct any inaccuracies, which may become known to us.

4. PROHIBITED ACTS

You must not access or use the Website:

(a) in a way that violates these Terms; 

(b) for unlawful activities or purposes; 

(c) in a way that is fraudulent, inaccurate, false, misleading or deceptive; 

(d) in a way that violates any applicable law (including, without limitation, applicable privacy laws); or 

(e) in a way that infringes the rights (including the intellectual property rights) of any other person.

5. INTELLECTUAL PROPERTY

(a) Heatherbrae1854 has an exclusive licence to use the trade mark ‘HEATHERBRAE1854’, which is owned by Heatherbrae1854 Pty Ltd. Other product and company names displayed on the Website may also be trade marks of their respective owners.

(b) We are the exclusive owner of, or otherwise have a licence to use, all images, videos, literary works, designs, source code and data, and any other copyright matter contained on the Website ("Content").

(c) You may browse and print any Content for personal, informational and non-commercial purposes only. All other uses are strictly prohibited. You must obtain our prior written permission if you would like to use, copy or reproduce any part of this Website or the Content for any other purpose. 

​

6. AFFILIATE PARTNERSHIP DISCLOSURE

(a) Where Heatherbrae1854 promotes or otherwise refers to the goods or services of third parties ("Brands") on our Website, this may be as part of a commercial affiliate relationship between Heatherbrae1854 and the relevant Brand ("Affiliate Partnership").

(b) Where Heatherbrae1854 has an Affiliate Partnership with a Brand, we may receive a commission or other benefit when you purchase goods or services from that Brand using an Affiliate Link or Affiliate Code.

(c) You can read more about our Affiliate Partnerships here.

(d) "Affiliate Link" means a link on our Website that redirects you to a Brand’s website.

(e) "Affiliate Code" means a code on our Website that can be used when purchasing goods or services from a Brand.

7. PRIVACY 

(a) We value the protection and transparent management of your personal information.

(b) We agree to handle personal information submitted to us via the Website in accordance with our Privacy Notice found here.​

8. THIRD PARTY LINKS

​
The Website may include links to third party websites, over which we have no control. Such links do not indicate, expressly or impliedly, any endorsement by us of the third party website or the products and services provided via those links. You agree that we are not responsible for the availability of, and content provided on, third party websites. We make no representations or warranties as to, and accept no responsibility for, the accuracy of information on third party sites, or that third party sites will be virus free.

​

9. AUSTRALIAN CONSUMER LAW

Nothing in these Terms will override your rights as a Consumer under the Australian Consumer Law or otherwise at law.

​

10. LIMITATION OF LIABILITY

​

Subject to clause 9, and to the extent permitted by law: 

(a) Your use of, and reliance on, this Website (including all Content) is entirely at your own risk, and we exclude our liability to you (including because of our negligence) for all types of loss resulting from your use of or reliance on this Website (including all Content), however incurred, including (without limitation) for any lost profit, lost opportunity, lost revenue, lost data, losses resulting from security failure or computer viruses, or any indirect or consequential loss, resulting from your use of this Website or the Content; 

(b) We do not make any representations, warranties or guarantees in relation to the supply of services by Heatherbrae1854 via the Website; and

(c) We disclaim all liability in connection with any loss and/or damage arising out of or in connection with any use of, or reliance on, the Website. 

​

11. INDEMNITY

​

You agree to indemnify and hold us (and our officers, employees and other representatives) harmless from all loss and any claims (on a full indemnity basis) suffered by you due to or arising out of, or in any way, connected to you breaching the Terms.

12. GOVERNING LAW

​

(a) The Terms are governed by and are to be construed in accordance with the laws of the State of Victoria, Australia and you agree that the courts of the State of Victoria, Australia will exclusively adjudicate over any dispute in relation to these Terms.  

(b) If any term of these Terms conflicts with the provision of any legislation of the Commonwealth of Australia or any State, that legislation will prevail.  

(c) This Website may be accessed from outside Australia.  We make no representation that the Content available through this Website complies with the laws (including intellectual property laws) of any country outside Australia.  If you access this Website from outside Australia, you do so at your own risk and you are responsible for ensuring compliance with all laws in the place where you are located. 

Last updated: 8th December 2025.

1. General

(a) This Jesslyn Murphy Artwork Giveaway Competition (“Competition”) is promoted by Heatherbrae1854 Pty Ltd (“Promoter”, “us”, “we”, “our”). 

(b) By entering this Competition, all entrants (“you”, “your”) agree to be bound by these terms and conditions (“Terms”) and our privacy policy. 

(c) Any breach of these Terms or our privacy policy may result in disqualification from the Competition. 

(d) If you are under 18 years old at the time of entry, your parent or guardian must read any accept these Terms on your behalf. If you are under 18 years old when you enter, we will assume that you have complied with these requirements. 

(e) If there is any inconsistency between these Terms and any other references to the Competition, these Terms will prevail. 

(f) This Competition will be conducted via Instagram. 

2. Eligibility

(a) This Competition is open to Australian residents.

(b) Directors, managers, employees, officers and contractors  (and their Immediate Families) of the Promoters and associated agencies or companies are ineligible to enter. “Immediate Families” means spouse, parents, natural or adopted child, and sibling (whether natural or adopted by a parent), whether or not they live in the same household as the director, manager, employee, officer or contractor. 

3. Competition Period

(a) The Competition opens at 7pm Australian Eastern Daylight Time (“AEDT”) on 8 December 2025 and closes at 7pm AEDT on 15 December 2025 (“Competition Period”). 

(b) Entries submitted outside the Competition Period will not be accepted. 

4. Game of chance

This Competition is a game of chance and the winner will be drawn at random from the pool of eligible entries. Skill plays no part. 

5. How to enter

(a) To enter the Competition, you will need an Instagram account. 

(b) We will post an Instagram post promoting the Competition on the Heatherbrae1854 Instagram account (@heatherbrae1854)  (Heatherbrae1854 Instagram) at the start of the Competition Period (Competition Post).

(c) To enter the Competition, you must, during the Competition Period”

(i) follow @heatherbrae1854 and @jesslynmurphy.art on Instagram; 

(ii) like the Competition Post; and 

(iii) tag a friend in the comments section of the Competition Post. 

(d) You may submit multiple entries, provided that each entry is unique.

(e) Entries submitted after the Competition Period will not be accepted. 

(f) Entries that do not comply with these Terms will be deemed invalid.

6. Prize

(a) There is 1 prize available: 1 x original artwork by Jesslyn Murphy (‘All My Perfect Saturdays’) (Prize). 

(b) The recommended retail price of the Prize as at 7 December 2025 is AUD $390, but may vary from time to time.

(c) The Prize is not transferable, exchangeable or redeemable for cash. 

(d) The Promoter reserves the right to substitute the Prize with an item of equal or greater value if the Prize becomes unavailable. 

7. Prize draw and winner notification

(a) There will be 1 winner. 

(b) The winner will be drawn at 73 Neerim Road, Caulfield, Victoria, 3162, at 7pm AEDT on 16 December 2025.

(c) We may draw additional reserve entries and record them in case an invalid or ineligible entry is drawn, or a winner does not claim the Prize within the prescribed time, and we elect to draw on the reserve entries to draw a reserve winner. 

(d) The winner will be notified via direct message on Instagram at 8pm AEDT on 16 December 2025.

(e) The winner’s first initial, surname and, if required by relevant laws, postcode, will be announced via an Instagram story on the Heatherbrae1854 Instagram and on the Terms webpage here at 8:30pm AEDT on 16 December 2025.

(f) Our draw is final.

8. Claiming the Prize

(a) To claim the Prize, the winner must respond to the communication we send in accordance with clause 7(d) with your full name, postcode, mobile number and nominated delivery address within 10 days of being notified.

(b) You should seek independent tax advice, including financial advice, as implications (such as tax) may arise as a result of claiming the Prize.

9. Redraw 

(a) If the winner does not claim the Prize within the prescribed time, they will forfeit the Prize and we will conduct a redraw using the same method of draw outlined in clause 4 at 73 Neerim Road, Caulfield, Victoria, 3162, at 7pm AEDT on 27 December 2025.

(b) The winner of the redraw will be notified via direct message on Instagram at 8pm on 27 December 2025.

(c) The winner of the redraw’s first initial, surname and, if required by relevant laws, postcode, will be announced via an Instagram story on the Heatherbrae1854 Instagram and on the Terms webpage here at 8:30pm on 27 December 2025.

10. Personal information

(a) Your personal information, including Instagram handle and, for the winner or redraw winner if applicable, name, contact details and delivery address (“Personal Information”)  will be collected and used by Heatherbrae1854 for the purposes of conducting this Competition, contacting the winner, and delivering the Prize, in accordance with our privacy policy.

(b) Your social media handle may be published on our website and social media channels, and any other promotional material we consider relevant. 

(c) It is your responsibility to notify us if your details change.

(d) By entering this Competition, you consent to the collection and use of your Personal Information as described. 

(e) If you wish to access, or for us to update, correct, or delete your Personal Information, please contact us at: julie.heatherbrae1854@gmail.com. 

11. Liability and indemnity

(a) This Competition is in no way sponsored, endorsed or administered by, or associated with, Instagram. 

(b) You fully release and hold harmless Meta from any and all liability in connection with this Competition.

(c) To the fullest extent permitted by law, the Promoter is not responsible, and excludes all liability, for any personal injury, loss or damage, arising out of or in connection with the Competition, including (but not limited to) where arising from or in connection with any:

(i) inaccurate or incorrect information; 

(ii) technical error, interruption, defect, deletion, delay, or failure; 

(iii) entry that it late, lost, altered, damaged or misdirected (whether or not after receipt by the Promoter); 

(iv) variation in Prize value; or

(v) tax liability incurred by the winner in relation to the Prize.

12. General

(a) The Promoter reserves the right to verify the validity of entries and entrants. 

(b) The Promoter may cancel or amend the Competition if it cannot be conducted as planned due to unforeseen circumstances. 

(c) Any decisions made by the Promoters regarding the Competition are final and no correspondence will be entered into. 

(d) This Competition is governed by the laws of Victoria, Australia.  

(e) Any failure to enforce any of our rights does not constitute a waiver of those rights. 

(f) Any part of these Terms that is illegal, void, or unenforceable may be severed and the remainder will continue in force. 

(g) If you have any questions or issues regarding these Terms or the Competition, please contact us at: julie.heatherbrae1854@gmail.com.