Terms of Use

[last updated 22 June 2022]

 

Welcome 

Hello! Welcome to TernX. 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. 

 

Information and availability

While we use reasonable attempts to ensure the accuracy and completeness of the content and materials on the Site (Content), to the extent permitted by law (including the Australian Consumer Law), we do not warrant the accuracy, completeness or suitability of any of the Content. The Content may be subject to change without notice and we do not undertake to keep the Site up-to-date. The Content is factual information only, is not comprehensive and is for general information purposes only. We also do not warrant that access to the Site will be uninterrupted, error-free or free from viruses. We may need to restrict access to our website, for example, during website maintenance or because of suspected misuse.

 

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:

 

  • do anything that would constitute a breach of an individual’s privacy or any other legal rights;

  • 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;

  • using our website/s to defame, harass, threaten, menace or offend any person;

  • interfere with any user of the website

  • 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;

  • tamper with or modify our website/s, knowingly transmit viruses or other disabling features, or

  • damaging our website/s, including using trojan horses, viruses or piracy or programming routines that may damage or interfere with the websites/s;

  • facilitating or assisting a third party to do any of the above acts;

  • use our website/s in a manner that could cause harm to our business or our business reputation.

 

 
Copyright, Trademarks, and other Intellectual Property 

Unless otherwise indicated, we own or license the intellectual property rights (including any copyright, registered or unregistered designs, illustrations, artwork, patents or trade mark or logo rights and domain names) displayed or used on our website/s (Our Intellectual Property) and have permission to use or display the material on our website/s. 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 and/or Our Intellectual Property in whole or in part except as expressly authorised by 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. 

 

We authorise you to access and use our website/s solely for your own personal, non-commercial use and to display, print and download the content onto your personal device provided that you do not remove any copyright

notice included in Our Intellectual Property.

 

Subject to the above, your use of, and access to, the Site and the Content does not grant or transfer to you any rights, title or interest to Our Intellectual Property. Unless otherwise permitted in these Terms, you must not:

(a)  copy or use, in whole or in part, any of Our Intellectual Property;

(b)  reproduce, retransmit, distribute, display, disseminate, sell, publish, broadcast or circulate any of Our Intellectual

       Property; or

(c)  breach any intellectual property rights connected with Our Intellectual Property, including altering or modifying any 

      of Our Intellectual Property, causing any of Our Intellectual Property to be framed or embedded in another website

      or platform, or creating derivative works from Our Intellectual Property.

(d) 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 hello@tern-x.com 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:

  • the Testimonial you provide is true, correct and accurate and is a representation of your actual experience;

  • 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. To the maximum extent permitted by law, you are liable for and agree to indemnify us against any claims made for breach of intellectual property rights of a person in respect of your content (if you provide it to us, you are telling us that we can use it); 

  • we do not endorse or approve and are not responsible for any of your content and 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.

 
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 hello@tern-x.com.

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. 

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.

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. 

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. If you purchase goods or services from a third party website linked from the Site, such third party provides the goods and services to you, not us.

 

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.  

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

We respect your privacy and understand protecting your personal information is important. Our Privacy Policy https://www.ternx.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.

 

Website Limitation of liability

You may have certain rights under the Australian Consumer Law in relation to the Site and the Content, and you may contact us for more information about this. Despite anything to the contrary, to the maximum extent permitted by law (including the Australian Consumer Law), we exclude all liability for any loss or damage of any kind (including consequential loss, indirect loss, loss of profit, loss of benefit, loss of opportunity or loss of reputation) whether under statute, contract, equity, tort (including negligence), indemnity or otherwise arising out of or in connection with our website/s or the content.  

 

Applicable law

Our terms of use are governed by the laws of the state of Victoria, Australia. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of the courts operating in the State of Victoria and any courts entitled to hear appeals from those courts and waives any right to object to proceedings being brought in those courts.  

 

If you need to provide us with any legal notification, you can do that by emailing us at hello@tern-x.com.  We may provide legal notices to you via email, postage, social media, or any other electronic means allowed at law. 

 

What happens if we discontinue the Site

We may, at any time and without notice, discontinue the Site (in whole or in part), or exclude any person from using our Site.

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, and recommend you check back regularly to ensure you are aware of our current terms. If our website is unavailable and you miss out on a product that you love, email us at hello@tern-x.com. If the product is available at that time or by wait list, we will do all that we can to assist you.  

Compliments and Complaints

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

If you have an issue, please contact us at  hello@tern-x.com.

How can I contact TernX ? 

Our responses are human. You can reach us at: 

 

Company: Tern-x Pty Ltd ACN 637 198 871

Address: PO Box 4025, St Lucia South, Queensland 4067, Australia

Email: hello@tern-x.com