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Terms & Conditions

By accessing or using the Evernight Realms website, application or services (collectively, the Services), you agree to be bound by these terms and conditions (Terms). If you do not agree with these Terms, you must not use our Services. These Terms apply in addition to any other policies, notices and conditions published on our site, including our Privacy Policy, Shipping & Returns Policy and Warranty Policy.

1. Definitions

In these Terms, “Evernight Realms”, “we”, “our” and “us” means Evernight Realms Pty Ltd, an Australian company incorporated in Queensland (ABN 00 000 000 000). “Products” means the physical goods, digital goods and software that we offer for sale. “Application” refers to the Evernight Realms software or game that may be downloaded or accessed via our Services.

2. Use of the Services

You must only use our Services for lawful purposes and in accordance with these Terms. You must not:

  • breach any laws, or infringe any third‑party rights, when using our Services;
  • interfere with or disrupt the operation of the Services, servers or networks;
  • transmit any viruses, malicious code or harmful data;
  • attempt to gain unauthorised access to any part of the Services or any other systems;
  • use the Services to harass, defame, abuse or threaten others.

We may suspend or terminate your access to the Services if you engage in prohibited behaviour.

3. Account Registration

Some features of our Services may require you to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must promptly notify us of any unauthorised use of your account.

4. Orders & Payment

When you place an order for Products through our Services you make an offer to purchase those Products. We may accept or reject your offer at our discretion. Prices are listed in Australian dollars and include GST unless otherwise stated. We may change prices at any time, however changes will not affect orders that we have already accepted. Payment must be made at the time of order using one of the methods available at checkout.

5. Delivery & Risk

Delivery details, including applicable shipping charges and estimated delivery times, are set out in our Shipping & Returns Policy. Title and risk in Products passes to you upon dispatch (for physical goods) or when the digital download is made available to you (for digital goods).

6. Returns & Consumer Guarantees

Our returns process and your rights under the Australian Consumer Law are explained in our Shipping & Returns Policy and Warranty Policy. Nothing in these Terms limits your statutory rights.

7. Intellectual Property

Unless otherwise indicated, we own or license all rights, title and interest (including intellectual property rights) in our Services and its content. You must not copy, reproduce, modify, transmit or commercialise any part of our Services without our prior written consent.

8. User Content

If you provide us with any content (such as reviews, comments, feedback, artwork or suggestions), you grant us a non‑exclusive, transferable, royalty‑free, perpetual licence to use, reproduce, modify, publish, translate, distribute and display that content in any media. You are solely responsible for any content you provide and warrant that you have all necessary rights to grant this licence.

9. Limitation of Liability

To the fullest extent permitted by law, we exclude all warranties, conditions and representations (whether express or implied) other than those expressly set out in these Terms. Where our liability cannot be excluded, our total liability to you arising out of or in connection with the Services will be limited to the lesser of: (a) the price paid by you for the Product giving rise to the claim; or (b) AUD 100. We will not be liable for any indirect, incidental or consequential loss.

10. Changes to these Terms

We may update these Terms from time to time by posting a revised version on our website. The revised Terms will take effect from the date they are posted. Your continued use of the Services after any changes indicates your acceptance of the updated Terms.

11. Governing Law

These Terms are governed by the laws of Queensland and the Commonwealth of Australia. The parties submit to the non‑exclusive jurisdiction of the courts of Queensland.

12. Contact Us

If you have any questions about these Terms, please contact us via our Contact page.