Promotion Terms and Conditions

Our complete terms and conditions are contained below, but some important points for you to know before you enter the Promotion are set out below:

  • Customers are responsible for any and all expenses incurred when participating in the Promotion and purchasing the Product, including in relation to any shipping costs to ship the Product to the Customer’s delivery address.

  • The purchase of the Product is subject to separate sales terms and conditions and is not governed by these Terms and Conditions.

  • We may use and disclose your personal information to third parties.

  • The Customer indemnifies, waives and releases the Promoter in respect of all liability arising in any way out of or in connection with: (a) any act or omission of the Customer; (b) any breach of these Terms and Conditions by the Customer; (c) any personal injury or loss; (d) claiming the Promotion; (e) any Promotion claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (f) any tax liability incurred by a Customer.

SCHEDULE

Promotion:

If a Customer pays $1 during the Promotional Period, the Customer is entitled to an early bird discount of 20% off the retail price of the Product. The Customer will also receive access to blogs as well as updates on the progress of the Product.

Product:

TernX Carry On

TERMS AND CONDITIONS

  1. These Terms and Conditions are between Tern-x Pty Ltd (ABN 81 637 198 871) (the Promoter) of 72 Wilsons Road, Doncaster, Victoria 3108 and you the person participating in the Promotion (the Customer).

  2. Information on eligibility, mechanisms on how to participate, and the information in the Schedule form part of these Terms and Conditions. Participation in the Promotion is deemed acceptance of these Terms and Conditions.

  3. The promotional period commences on the 20 January 2022 and concludes on 26 August 2022 (Promotional Period).

  4. The Promotion is open to Australian, New Zealand, and United States residents aged 18 years or over.

  5. How to participate: To be eligible, Customers must, during the Promotional Period, pay $1 through our third party payment provider, on our website, www.ternx.com (the Site).

  6. Multiple entries: Each Customer may only take part in the Promotion once.

  7. Verification of entries: The Promoter reserves the right, at any time, to verify the validity of any Customer (including a Customer’s identity, age and place of residence).

  8. Expenses: Customers are responsible for any and all expenses incurred when participating in the Promotion and purchasing the Product, including in relation to any shipping costs to ship the Product to the Customer’s delivery address.

  9. Process: The Promoter will email the Customer once the Product becomes available for purchase with the early bird discount. The Customer can then purchase the Product through the link in the email. The purchase of the Product is subject to separate sales terms and conditions and is not governed by these Terms and Conditions. It is the Customer’s choice as to whether to make use of the early bird discount and purchase the Product and if the Customer does not purchase the Product, the amount paid for the Promotion ($1) is non-refundable and the Customer forfeits the $1 paid for the Promotion and all extra bonuses.

  10. The Promotion is not transferrable and not redeemable for cash.

  11. Disclaimer: The Customer acknowledges and agrees that the Product is still in development and final designs may change. The images on the Site are the latest concepts that the Promotor has. The Promoter will update the Customer with any changes to the appearance or function of the Product.

  12. Personal information: The Promoter may collect personal information in order to conduct the Promotion and/or for other purposes as notified by the Promoter and may, for this purpose collect, use and disclose such information to third parties, including but not limited to agents, contractors, service providers, suppliers and as required, to regulatory authorities. Participation in the Promotion is conditional on providing this information. Personal information will be handled in accordance with the Promoter’s privacy policy available www.ternx.com/privacy-policy.

  13. Non-Excludable Guarantees: Nothing in these Terms and Conditions limits, excludes or modifies or purports to limit, exclude or modify the statutory consumer guarantees as provided under the Competition and Consumer Act 2010 (Cth), or similar consumer protection laws in the State and Territories of Australia (Non-Excludable Guarantees).

  14. Liability: Except for any liability that cannot be excluded by law (including the Non-Excludable Guarantees), to the maximum extent permitted by law, the Promoter (including its respective officers, employees and agents) will not be liable to a Customer for, and the Customer indemnifies, waives and releases the Promoter in respect of all liability (including but not limited to all expenses, costs, damages, claims, losses) arising in any way out of or in connection with: (a) any act or omission of the Customer; (b) any breach of these Terms and Conditions by the Customer; (c) any personal injury or loss; (d) claiming the Promotion or any delay in being able to purchase the Product; (e) any Promotion claim that is late, lost, altered, damaged, delayed or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter; or (f) any tax liability incurred by a Customer.

  15. Ineligible entries: The Promoter accepts no responsibility and will not be liable for any late, lost, delayed, corrupted or misdirected entries, claims or correspondence whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise.

  16. Legal Warning: Any attempt, deliberate or otherwise, to cause malicious damage or interference with the normal functioning of the Site, or the information on the Site, or to otherwise undermine the legitimate operations of the Promotion may be a violation of criminal and civil laws and, should such an attempt be made, whether successful or not, the Promoter reserves the right to seek damages to the fullest extent permitted by law. If the Promoter suffers loss or incurs any costs in connection with any breach of these Terms and Conditions or any other legal obligation by a Customer, the Customer agrees to indemnify the Promoter for those losses, damages and costs.

  17. Linked Sites: The platform for the Promotion may contain links to other websites (Linked Sites). The Promoter does not endorse and is not responsible for the content of any Linked Sites. Any Linked Sites displayed on the platform are for the Customers’ convenience only and the Customer agrees to access, use and otherwise deal with Linked Sites at their own risk.

  18. General: Unless the contrary intention appears, a reference in these terms or in any advertisement relating to the Promotion, to US dollars, dollars, USD$ or $ is a reference to the lawful currency of United States.

  19. Amendments: These Terms and Conditions may be amended or replaced from time to time.

  20. Jurisdiction: These Terms and Conditions are governed by the laws of Victoria. By participating in the Promotion, Customers submit to the exclusive jurisdiction of the courts operating in Victoria courts and waive any right to object to proceedings being brought in those courts.

  21. Entire Agreement: These Terms and Conditions represent the entire agreement between the Promoter and any Customer and supersede any prior agreement, understanding or arrangement between the Promoter and any Customer, whether oral or in writing, in relation to the Promotion.

  22. Representations: To the maximum extent permitted by law, the Promoter excludes all, warranties, guarantees or representations (whether express or implied) except as expressly provided in these Terms and Conditions.

  23. Last updated: 16 January 2022.