Terms of use
[last updated 9 September 2020]

Welcome
Hello ! Welcome to Tern-x. We are delighted that you are interested in our innovative products. Our mission is to be a global leader in boutique designed, quality products and service. We hope that you find our terms of use easy to read and understand.

Legal content
Businesses are required to include legal content on their websites. This is our legal content and includes our Privacy Policy and any other policies that you will see on our website. We refer to these policies as "our policies". You must be capable of entering into a legal relationship with us to purchase our products and services and use our website/s. When you use our website, as a guest or a customer, you are agreeing to accept our terms of use including our policies. Please read and understand our terms carefully. If something is unclear, ask us. If you do not agree with any aspect of our terms of use or any of our policies, your remedy is to stop using our website, products, and services.

Accessing our website
Although we aim for continuous accessibility to our website and delivery of real time service, this can be dependent upon third party services. As a result, the website may be inaccessible from time to time. Our website is provided to you on an 'as is' and 'as available' basis. We may need to restrict access to our website, for example, during website maintenance or because of suspected misuse. If, for any reason, our website is unavailable, we are not liable to you for any loss or damage incurred.

Updates to Terms of Use
Our terms of use can be updated at any time. The new terms apply from the date that we make our update. We have included a 'last updated' date at the top of this agreement to help you keep track of any changes, so please check back regularly for updates. If our website is unavailable and you miss out on a product that you love, email us at [email protected] If the product is available at that time or by wait list, we will do all that we can to assist you.

Using our website/s - username and password
If you are browsing, subscribing to our website or social media, or placing an order, you may need to select a username and password to access our full content. Information you provide needs to be accurate and complete. Passwords are accepted and can be withdrawn by us if we decide this is necessary. Any password to our website or services is exclusive to you and is not to be shared. Please keep your login and password strictly confidential. This protects you and it protects us. If you are concerned about a possible issue with your login or password on any of our sites please email us at [email protected]

No unlawful or prohibited use
When you use our website/s or social media pages ("our website/s"), you warrant that your use is only for a genuine and lawful purpose and that you will not do so for any purpose that is prohibited by our terms of use. You cannot use our website in any manner which could damage, disable, overburden, or impair this website/s or interfere with any other party's use and enjoyment of our website. You agree not to hack into areas of our website/s that are not intentionally made available to you.

Additionally, by using our website/s you expressly agree not to:

● access areas of the website/is not intended for your use;
● access, view, copy or download information unless specifically authorised by us to do so;
● use the website as a lead generation tool for the benefit of your own business, or to manufacture "lists" to help your own business;
● engage in any internal or external spamming, or other similar actions;
● engage in any unlawful or immoral acts, or acts which are in violation of our terms of use;
● decompile, reverse engineer, or try to copy or imitate our website/s or underlying content;
● use our website/s in a manner that could cause harm to our business or our business reputation.

Links disclaimer
Our website/s may contain links to other websites (linked sites). The linked sites are not under our control and we are not responsible for the contents of a linked site. We are not responsible for any form of transmission received from any linked site. Links are provided to you only as a convenience, and the inclusion of any link does not imply our endorsement of the website, or any association with its operators.

Promoted Services
If we promote third party products or services via our website it may be because they have provided sponsorship, donations or supported us in some way. You must exercise your own judgment based upon your own personal circumstances before using or purchasing third party products or services. We are not liable for any loss or damage.

Copyright, Trademarks, and other Intellectual Property
We own the intellectual property rights in the contents of our website/s and have permission to use or display the material on them. You may not use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, promote, create derivative works, or in any way exploit or allow others to exploit any of our website/s content in whole or in part except as expressly authorised by us.

The name of our company, our products and product designs are owned by us, whether registered or not. Our trademarks belong to us. Please consider our rights and contact us if you are uncertain about whether you have permission to use our product names, service and content description and methods, product design and images. Unless we give you permission in writing, we do not grant you any rights (express or implied) or any license to use our website/s content or our intellectual property.

Images and item descriptions posted on this website by third parties are the responsibility of those third parties and may be subject to copyright. You must seek permission from the third party before using any of their content.

Third party rights
If you believe that there is material on our website that infringes third party intellectual property rights, please contact us at [email protected] with enough information to enable us to determine who is the owner of the intellectual property. If we form the reasonable belief that there has been an infringement, then we will remove it from our website. Be aware that you may be subject to liability if you knowingly make any misrepresentations when providing information to us. As an Australian based business, we are not compelled to comply with the United States Digital Millennium Copyright Act 1988 (DMCA).

Your content
If you send us a Testimonial, any content, rating, opinion, review or contribute to our website or social media pages in any way, then you warrant that:

● you hold the necessary rights, interests, and permission to use the content you provide;
● nothing in your contribution would harm any third-party ownership, intellectual property, copyright, or trademark rights;
● by submitting your content you irrevocably grant to us a perpetual, world-wide, non-exclusive, royalty-free, sub-licensable and transferable license and right to use your content for the purpose of providing services to you or others and completing our business functions, now or in the future. You also indemnify us against any claims made for breach of intellectual property rights in respect of your content (if you provide it to us, you are telling us that we can use it);
● we can decide at our sole discretion to remove or disable your content if we believe your content to be in violation of our terms of use or policies;
● we are not obliged to return any of your content under any circumstances and will not do so.

Prices, Payments, Taxes
Prices displayed on our website (unless stated otherwise) are in American (USD) dollars. We process payments in American (USD) dollars. We accept payment by the various methods listed on our website. If we display alternative currency, we will indicate what taxes and levies we believe apply to your purchase. You will be liable for payment of any taxes, duties, tariffs, and levies. Currency exchange rate fluctuations can occur. We cannot predict this and cannot be held responsible. If there are additional charges, including currency, credit card or bank charges, these are your sole responsibility.
Prices that we advertise are also subject to change. If we make a change it is effective immediately upon us posting the new price on our website/s. We may make changes also via email or our social media pages.

Payment security
We use industry standard encryption to keep your personal information secure throughout the payment process. We do not permanently store your credit card or bank information. We will not be liable for any damages or losses (whether direct or indirect) caused if a member's card is used fraudulently.

Future products and services
We are innovative. Our mission is to simplify and improve our products and services. We may share information about our future products and designs on our website/s or with you in another form of communication. When we make a public statement about our product designs and plans, this is an expression of our intent, but should not be relied on when making a purchase. When you decide to buy our products and services, your decision should be based on the functionality and features we make available on the day of purchase and not on the delivery of any future functionality or features.

Product Sales
The United Nations Conventions for the International Sale of Goods 1980 (Vienna Convention), is expressly excluded from the sale of goods made via this website.

Our website is accurate, although sometimes mistakes happen. If an error occurs, we will correct it. This does not mean that we can (to the extent that the law allows) warrant that our website, product descriptions, colours, information, and other content is completely free of inaccuracy. We may have to correct an error after you place your order. We will be fair, and we will communicate with you. If you find an error before us, please let us know.

Colours can vary. We display our colours accurately, if a variation occurs it may be because colours can appear slightly differently on different displays and screens. If the shade of colour is important to you, please let us know before you finalise your purchase to avoid disappointment. Colour shade and variation is not considered a fault, error, or defect. We might deem it to be a change of mind return and you may incur additional shipping charges at your expense.

If a product becomes unavailable, we will not be able to deliver it to you. It may have sold out. This is not our expectation, but we do not promise 'rain checks'. If we have a wait list, we will let you know.

Rarely you may encounter an issue or a fault with a product. We have excellent quality control but to err, is human. If we err, please tell us first and we will work with you and towards a solution. Misuse and normal wear and tear are not an issue, fault, or error that we can assist you with.

Ordering online
If you place an online order, we will process your payment and provide you with order confirmation by email. Our email does not guarantee availability of the product. It confirms that you have placed an order. We keep our website up to date and do not expect this to occur, but occasionally products can move very quickly. If the product is or becomes unavailable after we have received your order, we will provide you with a full refund.

Offers
Our prices are fixed. If we place an offer on our website, it is restricted to the terms and conditions that we will publish with that offer. If we offer a shipping promotion, it may apply only to selected goods and selected locations.

Shipping and International Orders
Our goal is that delivery ("shipping") is affordable and as practical and safe as possible for you and us. National and international delivery times and fees for delivery vary significantly. Usually shipping is based on size, weight, and destination. Urgency can cause further charges. Failed delivery can also cause further charges and inconvenience.

Sometimes shipping can be unreasonably high, if you do not agree to the charges, then we reserve the right to cancel your order. Shipping relies on third parties. Sometimes these third parties disappoint. We are not liable for damages, delays, charges, or any loss incurred because of third party shipping.

You must provide us with a physical delivery address. Due to the size of our products we cannot ship products to a post office box.

We are not liable for shipping or additional shipping costs incurred including additional fees charged for failed delivery or redelivery attempts. These fees will be passed to you. If you ask to change an order (add product, remove product, change address), and it is not too late to do so, we will. If we incur extra charges, we will pass these to you.

We cannot take responsibility for the security of products left unattended at your request. If a missed delivery card is left at the address you nominate, you will need to arrange to collect your delivery from the address listed on the missed delivery card. It is not usually possible to attempt redelivery without additional costs being incurred by you. Risk in products passes to you upon commencement of delivery. We do not accept liability for any delay, loss, theft, or damage to the products after delivery has commenced.

Repair, Replace, Refunds
Unless additional warranties expressly appear on Tern-x product packaging or product literature, Tern-x warrant that each Tern-x product meets the applicable Tern-x product specification at the time that the product was manufactured and shipped. If a Tern-x product does not conform to this warranty, then the sole and exclusive remedy, is at Tern-x's absolute discretion, to supply parts, repair the product, replace or to refund the purchase price of the product.

You must assemble and use our products as instructed and for the intended advertised purpose.

Without limitation of your rights under Australian Consumer Laws:

(a) if the product is faulty and cannot be used for the advertised purpose, stop using the product immediately and contact us [email protected];
(b) if the product arrives damaged or with suspect damage, do not use the product and contact us at [email protected] with details of the delivery (time and date goods were delivery) and details of the damage (description of the carton damage and/or any internal damage to the product);
(c) we may request that you return the goods to us and/or request that you email us with further information and photographs so that we can assess the claim;
(d) we do not offer change of mind refunds;
(e) we will not approve a claim or provide a remedy if you have negligently, recklessly or intentionally misused or damaged our products or used our products for a purpose other than the intended advertised purpose (where this use leads to product damage).

You must give us a reasonable opportunity to discuss and rectify or resolve any issue before you take any legal action. We consider that 14 days is a reasonable time for us to reply to you. Repairs may take longer than 14 days, and we will communicate with you during this process. You must also allow us reasonable time to undertake a repair or replace an item.

Podcasts and Social Media / Blogging
The purpose of our social media accounts, podcasts and blogs are to inform and engage our customers. We value your feedback. If you have suggestions or concerns, please let us know at [email protected]

Product Ratings & Reviews
We value the experience our customers have. You may be able to leave a review, photograph, star rating or opinion. We welcome genuine feedback. If you are frustrated, please let us know first. You must be a verified purchaser to comment on our business, product, or services. We may take legal action to protect our reputation and business investment if non-genuine or defamatory comments are made.

By submitting a rating, review, opinion, or testimonial you agree that:

● what you say (or images you send us) is non-confidential and non-proprietary;
● you grant us irrevocable, unrestricted, royalty-free license to use, modify, adapt, reproduce, communicate in any way and to creatively build from or develop content from what you say (or images you send us);
● star ratings can only be left by genuine purchasers and no rating is to be left that is intended to harm our business;
● what you say is genuine and not defamatory or intended to harm our business or reputation.

We reserve the right to investigate and verify any rating, review, opinion, or testimonial. We remove any content that we do not agree with. We reserve the right to moderate or reject any content we receive. We will review content posted about us on third party websites. We may ask you to remove content that is untrue or harmful to us. If you refuse to do so, we may take legal action to protect our business.

Security
We make industry standard efforts to maintain the security of our website and employ regular backups and scanning for security breaches. Despite this, we cannot guarantee that any site is impenetrable. We disclaim all liability for any unauthorised use or access of our site, content, and information. We are not responsible for computer viruses or technological problems that we do not intentionally cause or that are beyond our control. You are encouraged to install and maintain up-to-date security software on your computer.

Affiliate Disclosure
Some of the products and information contained in this website or sold via this website are not our products or information, but valuable assets we have sourced from other people. Because we have not created these products or information, we cannot make any promises about their fitness for your purposes, accuracy, or correctness of the information. We use and rely upon the marketing material provided by the creator/owner of the product or service to promote their products.

If you have any concerns about the product you purchase, please contact the owner/creator of that product directly.

We earn affiliate income from the products and information that we promote. Affiliate income is a marketing fee paid to us by the original creator or owner of the products or information for helping them to 'get it out there'. You can probably source the same products or information via other websites without us receiving an affiliate commission if you really want to. We would prefer it if you used our affiliate link because the income generated by this website helps to keep us in business.

Privacy Policy
Our Privacy Policy https://www.tern-x.com/privacy-policy is available on our website to inform you of our practice regarding the collection, use and disclosure of any information we collect from or about you. Our Privacy Policy forms part of our terms of use.

Force Majeure
In plain English this means that we are not responsible for any delay or failing beyond our reasonable control. The type of reasons or events that are beyond our control are floods, fire, cyclone, natural disasters, explosion, pandemic or the risk of spread of serious disease that impacts our business, acts of God, war, strikes, national emergency, third party acts or omissions, unforeseen delay in manufacturing or material availability, cyber breach, interruption to internet services, virus, hacking, software, hardware or communication network failure.

Product Disclaimer
To the extent permitted by law, Tern-x will not be liable for any loss or damage arising from a Tern-x product, whether direct, indirect, special, incidental or consequential, including warranty, contract, negligence or other legal cause or reason. Tern-x will not be liable for other claims or damages, including, but not limited to, a claim for faulty design, negligent or misleading advice, damages arising from loss or use of the product and any indirect, incidental or consequential damages or injury to any person, corporation or other entity. If you do not know how to use our product safely, or if you suspect a fault or damage that may interfere with the proper use or function of our products, you must immediately stop using the product.

Website Limitation of liability
We limit our liability for damages arising because of your use of our website/s in any way, subject to the requirements of Australian Consumer Law. If a warranty is implied by law, you agree that the total amount of our liability is limited (at our sole discretion) to the provision of that product or service again, or to a refund equal to the total amount paid by you to us for that product or service, even if we provided the product or service at no cost to you. We are not liable for any other damages or claims from you. This limitation of liability applies to the fullest extent permitted by law and survives any termination or expiration of our terms of use.

Indemnity
You agree to indemnify and defend us to the fullest extent allowed by law from all claims, damages, liabilities, costs, or expenses (including without limitation court costs, collection costs, and reasonable legal fees) related to:

● any content you post via this website;
● your unauthorised use of this website, or products or services included or advertised on this website;
● your breach of our terms of use or product/service use instructions or policies.

This does not limit our obligation to comply with lawful directions given to us by government, courts, law enforcement. If we are directed to provide information about your use of our website/s and the direction is lawful, then we will comply.

Relationship
You agree that no joint venture, partnership, employment, franchisor-franchisee, or agency relationship is intended, created, or exists between you and us by these terms of use, unless agreed expressly in writing by us.

Severance
If any provision in our terms of use is found to be invalid or unenforceable by a court of law, it be deemed severed and will not affect the remainder of our terms of use which continue in full force and effect.

Applicable law
Our terms of use are governed by the laws of the state of Victoria, Australia and you consent to the exclusive jurisdiction of the State of Victoria. Use of our website/s is unauthorized in any jurisdiction that does not give effect to all provisions of these terms of use, including if you are resident in a jurisdiction where the use of our website/s is unauthorized. If this is the case it is your responsibility to stop using our website/s.

If you need to provide us with any legal notification, you can do that by emailing us at [email protected] We may provide legal notices to you via email, postage, social media, or any other electronic means allowed at law.

Compliments and Complaints
If you are happy with us, please send us a Testimonial.

If you have an issue, please contact us at [email protected]

How can I contact Tern-x ?

Our responses are human. You can reach us at:

Company: Tern-x Pty Ltd ACN 637 198 871
Address: PO Box 1199, Greythorn, Victoria 3104, Australia
Email: [email protected]