Brett Whiteley Catalogue Raisonné Website Terms of Use
This website is owned and operated by Kathie Sutherland.
By accessing, viewing or using this website you agree to the terms of use below (Terms). You should review these Terms carefully and immediately cease using our website if you do not agree to our Terms.
In these Terms, 'us', 'we', and 'our' are used to refer to Kathie Sutherland.
These Terms were last updated on 1 July 2025. We may update these Terms from time to time and will post any revised terms on this web page.
1. Additional terms and conditions
For certain services or activities relating to the Brett Whiteley Catalogue Raisonné additional terms and conditions may apply.
For example, if you request reproduction of any content (including text and images) on this website and receive written permission from the authorised rights holder, you need to agree to the relevant terms and conditions of that authorised rights holder.
In case of any inconsistency between such terms and conditions and these Terms, those terms and conditions will prevail.
2. User acknowledgments and obligations regarding content
This website may contain material and language that reflects historical contexts, artistic expressions and perspectives which may be considered distressing or offensive by contemporary standards. It may also contain adult content not suitable for users under 18 years of age.
You acknowledge that by accessing, viewing or using this website, you assume full responsibility for your exposure to such content.
To the maximum extent permitted by law, we exclude all liability for any distress or offense, or other harm arising from accessing such content.
3. Authentication, accuracy, completeness and timeliness of information
The information on our website is provided for general informational purposes only, is not comprehensive, and is intended to provide a summary of the subject matter covered. It should not be relied upon for artwork authentication purposes.
While we use all reasonable attempts to ensure the accuracy and completeness of the information on our website, to the extent permitted by law, including the Australian
Consumer Law in Schedule 2 of the Competition and Consumer Act 2010 (Australian Consumer Law), we make no representations, guarantees or warranties of any kind, express or implied, regarding the accuracy, completeness, currency, reliability or suitability of the information on this website for any purpose.
You must not rely upon the content of any such information as a basis for making any decisions about including for the making of authentication, valuation and commercial decisions. Any such decisions should be made in consultation with qualified art market professionals.
You are responsible for monitoring any changes to the information contained on this website, and we reserve the right to modify, update or remove any information without notice.
We are not liable to you or anyone else if interference with or damage to your internet or computer systems occurs in connection with the use of this website or a linked website.
You must take your own precautions to ensure that whatever you select for your use from our website is free of viruses or anything else (such as worms or Trojan horses) that may interfere with or damage the operations of your computer systems.
We may, from time to time and without notice, change or add to the website (including these Terms) or the information or services presented or described in it.
However, we do not undertake to keep the website updated.
We are not liable to you or anyone else if errors occur in the information on the website or if that information is not up-to-date.
4. Linked sites
Our website may contain links to websites operated by third parties. Those links are provided for convenience and may not remain current or be maintained.
Unless expressly stated otherwise, we do not endorse and are not responsible for the content on those linked websites and have no control over or rights in those linked websites.
5. Our intellectual property rights
Unless otherwise indicated in these Terms or otherwise, we own or licence from third parties all rights, title and interest (including copyright, designs, patents, trade marks and other intellectual property rights) in this website and in all of the material (including all logos, text, images, graphics, video, audio and software) on this website (Content).
Your use of this website and any Content does not grant or transfer any rights, title or interest to you in relation to this website or the Content. However, we do grant you a licence to access the website and view the Content in accordance with these Terms and, where applicable, as expressly authorised in writing by us.
Any reproduction or redistribution of this website or the Content, including copying the Content to any other server or electronic location for publication, reproduction or distribution without express written permission from the authorised rights holder is prohibited and may result in civil and criminal penalties.
Contact Kathie Sutherland to request permission to reproduce text on this website.
Contact Wendy Whiteley/Copyright Agency at visualarts@copyright.com.au to request permission to reproduce images on this website.
All other use, copying or reproduction of this website, the Content or any part thereof is prohibited, except to the extent permitted by law.
6. No use without permission
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content on this website.
Unless expressly authorised in writing by us, or to the extent permitted by law, including the Copyright Act 1968 (Cth) (Copyright Act), you may not use this website, or any of its Content to further any commercial or non-commercial purpose, including any advertising or advertising revenue generation activity on your own website or any use, copying or publishing of the Content on a social media platform.
7. Right of removal
We reserve the right to remove, at any time, any Content, including, without limitation, any and all images, photographs, written information or other material on or from the website.
8. Unacceptable activity
You must not do any act that we would deem to be inappropriate, is unlawful or is prohibited by any laws applicable to our website, including but not limited to:
any act that would constitute a breach of either the privacy (including uploading private or personal information without an individual's consent) or any other of the legal rights of individuals;
using this website to defame or libel us, our employees or other individuals;
uploading files that contain viruses that may cause damage to our property or the property of other individuals;
posting or transmitting to this website any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, obscene, threatening, pornographic or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If we allow you to post any information or other material to our website, we have the right to take down this information at our sole discretion and without notice.
9. Warranties and disclaimers
To the maximum extent permitted by law, including the Australian Consumer Law and the Copyright Act, we make no warranties or representations about this website or the Content, including warranties or representations that this website and the Content will be complete, accurate or up-to-date, that access to the website will be uninterrupted or error-free or free from viruses, that this website will be secure or that the Content does not infringe on the copyright or moral rights of any third party.
We reserve the right to restrict, suspend or terminate without notice your access to this website and/or any Content at any time without notice and we will not be responsible for any loss, cost, damage or liability that may arise as a result.
10. Liability
To the maximum extent permitted by law, including the Australian Consumer Law and the Copyright Act, in no event shall we be liable for any direct and indirect loss, damage or expense – irrespective of the manner in which it occurs – which may be suffered due to:
your use of this website or the Content on this website;
the inaccessibility of this website or our related services;
the fact that certain information or materials contained on this website or that we otherwise share with you are incorrect, incomplete or not up-to-date.
11. Jurisdiction and governing law
Your use of our website and these Terms are governed by the laws of Victoria and you submit to the non-exclusive jurisdiction of the courts exercising jurisdiction in Victoria.
Effective From: 1 July 2025
Last Updated: 1 July 2025