[last updated 9 September 2020]Welcome
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 Passwords are accepted and can be withdrawn by us if we decide this is necessary.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
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;
● 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.
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.
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).
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 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.
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.
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.
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.
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.
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.
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.
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.
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
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;
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.
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]