Tero

,

Terms of service

______

Last update: April 14, 2021

This website (www.teroproducts.com) (the “Website” and “Site”) is operated by 9372-2791 Quebec Inc., in Quebec under the name Tero, (“Tero”). On this site, the terms “we”, “our” and “us” refer to Tero. Tero makes this website, including all information, tools and websites available to you, the user, subject to your acceptance of all terms, conditions, policies and notices set forth herein.

By visiting the website and/or purchasing one of our products, you agree to be bound by these Terms and Conditions of Use and Sale including the additional terms, conditions and policies referred to here and/or accessible by hyperlink on the website from time to time including in particular the Privacy Policy, the Shipping Policy, the Return Policy and the Tero gift cards use and purchase Policy, which form an integral part of the Terms and Conditions of Use and Sale (collectively the “Terms and Conditions of Use and Sale”). These Terms and Conditions of Use and Sale apply to all users of this site, including but not limited to users who browse the site, who are sellers, customers, merchants, and/or content contributors.

Please read these Terms and Conditions of Use and Sale carefully before accessing or using our website. By accessing or using any part of this site, you agree to be bound by these Terms and Conditions of Use and Sale. If you do not accept these Terms and Conditions of Use and Sale, then you must not access the website or use the services which are provided.

All new features and tools that will be added to our website at a later date will also be subject to these Terms and Conditions of Use and Sale. You can consult the most recent version of the Terms and Conditions of Use and Sale at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions of Use and Sale by posting updates and/or changes on our website. It is your responsibility to check this page periodically to see if any changes have been made. Your continued use of or access to the website after the posting of any changes constitutes your acceptance of those changes.

Our website is hosted on Shopify Inc. They provide us with the e-commerce platform that allows us to sell our products and services to you.

 

ARTICLE 1 – CONDITIONS OF USE OF OUR WEBSITE

By accepting these Terms and Conditions of Use and Sale, you declare that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor person for whom you are responsible to use this website.

The use of our products for any illegal or unauthorized purpose is prohibited, and you must not, in the course of using the website, violate the laws of your jurisdiction (including but not limited to the laws relating to copyright).

You must not transmit worms, viruses or any other destructive code.

Any breach or violation of these Terms and Conditions of Use and Sale will result in the immediate termination of your right to access the website.

 

ARTICLE 2 – GENERAL CONDITIONS

We reserve the right to deny access to the website to any person at any time, for any reason whatsoever.

You understand that your content (excluding your credit card information) may be transferred unencrypted, and this implies (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the website or use of the website, or any access to the website or contact on the website, without prior expressed written permission from us.

The headings used in this agreement are included for your convenience, and will not limit or affect these Terms and Conditions of Use and Sale.

 

Creation of an account, registration and password

In order to access the website and place orders online, you may be asked to create your account and complete an online registration form which will allow you to either place orders online and, in doing so, you agree to provide information that is true, current, complete and accurate, as required in any registration form to which the website may direct you and to update such information as quickly as possible if it changes.

As part of this registration process, you may be asked to provide a username and password. You are solely responsible for keeping this password and username confidential and for any activity that occurs on the website under such password or username. You agree to immediately notify Tero of any unauthorized use of your password and/or username or any other breach of the security of your account.

Closing your account

You can close your account at any time by notifying Tero by writing an email to info@teroproducts.com. Tero may, at any time and without notice, close your account for failure to comply with these Terms and Conditions of Use and Sale.

 

ARTICLE 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if the information available on this site is not accurate, complete or up to date. The content of this site is provided for informational purposes only and should not constitute your sole source of information for making decisions, without first consulting more accurate, complete and up-to-date sources of information. If you choose to rely on the content presented on this site, you do so at your own risk.

This site may contain certain prior information. This prior information, by nature, is not up to date and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

ARTICLE 4 – CHANGES TO THE WEBSITE AND PRICES 

The prices of our products are subject to change without notice.

We reserve the right at any time to modify or discontinue access to the website (and any part or content of the website) without notice and at any time.

We will not be liable to you or any other third party for any price change, suspension or interruption of the website.

 

ARTICLE 5 – TERO PRODUCTS

Certain products or services may be exclusively available online on our website. These products may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.

We do our best to display as clearly as possible the colours and images of our products that appear on our website. We cannot guarantee that your computer screen will display colours accurately.

We reserve the right, but are not obligated to do so, to limit the sales of our products or to any person, and in any geographic region or jurisdiction. We could exercise this right on a case-by-case basis. We invite you to consult our Shipping Policy for more details on how to deliver Tero products. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to stop offering a product at any time. Any product offer presented on this site is void where prohibited by law.

 

ARTICLE 6 – INTELLECTUAL PROPERTY

Unless otherwise provided, all intellectual property including copyrights, trademarks, website marks, trades and patents relating to our website are owned, controlled by, or licensed to Tero or its affiliates. The compilation of all content on the website is the property of Tero or its affiliates. Unauthorized copying or use of any intellectual property is strictly prohibited. Tero may use third party trademarks owned by other entities on the website. Such trademarks will remain the intellectual property of their respective third party owners. Nothing contained herein shall be construed as granting by implication, estoppel, or otherwise any licence or right to use Tero’s name, trademark or trade name, the website or any information displayed or contained therein except as expressly authorized by these Terms and Conditions of Use and Sale or with the prior written permission of Tero or of the third party who may own the intellectual property. No right is granted to the purchaser of a Tero product in any Tero trademark, patent or other intellectual property.

 

ARTICLE 7 – CONTEST AND PRESALE

You acknowledge that contests, presales or any other promotional offer are or may be subject to separate rules. Any publicity contests, raffles, presales or other promotions (collectively the “Contests”) accessible from time to time through our website may be governed by rules which are separate from these Terms and Conditions of Use and Sale. If you participate in any Contest, we invite you to review the applicable rules and our Privacy Policy. In the event that the provisions of the rules of a Contest conflict with these Terms and Conditions of Use and Sale, the rules of the Contest shall prevail over these Terms and Conditions of Use and Sale.

 

ARTICLE 8 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. Notwithstanding anything in these Terms and Conditions of Use and Sale, although we will always attempt to use our best efforts to fulfill any order, we cannot guarantee the availability of any particular product displayed on the website. We reserve the right to discontinue the sale of any product displayed on the website at any time without notice. Receipt of an order number or an order confirmation email does not constitute acceptance of an order or confirmation to sell. We reserve the right, without notice, to limit the number of products per order and/or to refuse any transaction on the website to any customer. We may request verification of certain information before accepting your order. We reserve the right to refuse or cancel, at our sole and absolute discretion, any order for any reason whatsoever, including due to a pricing error.

In addition, we may, in our sole discretion, reduce or cancel the quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we modify an order or if we were to cancel it, we may attempt to notify you by contacting you at the email and/or billing address/telephone number provided at the time the order was placed. We reserve the right to limit or prohibit orders which, in our sole judgment, may appear to be from merchants, resellers or distributors.

You agree to provide up-to-date, complete and accurate order and account information for all orders placed on our website. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as necessary.

For more details, please see our Return Policy.

 

ARTICLE 9 – OPTIONAL TOOLS

We may provide you with access to third-party tools of which we do not monitor, control or influence.

You acknowledge and agree that we provide access to such tools “as is” and “as available”, without any warranty, representation or condition of any kind and without any endorsement. We will have no legal liability resulting from or related to the use of these optional third-party tools.

If you use the optional tools offered on the site, you do so at your own risk and at your own discretion, and you should review the terms on which such tools are offered by the relevant third party provider(s).

We may also, in the future, offer new services and/or new features on our site (including new tools and resources). These new functionalities and these new services will also be subject to these Terms and Conditions of Use and Sale.

 

ARTICLE 10 – THIRD PARTY LINKS

Certain content, products and services available through our website may include material from third parties.

Third party links on this site may direct you to third-party websites that are not affiliated with us. We are not obligated to review or evaluate the content or accuracy of such sites, and we do not warrant or assume any responsibility for any content, website, product, service or other material accessible on or from these third-party sites.

We are not responsible for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transaction made in connection with these third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before entering into any transaction. Complaints, claims, concerns, or questions regarding the products of these third parties should be submitted to these same third parties.

 

ARTICLE 11 – COMMENTS, SUGGESTIONS AND OTHER PROPOSALS FROM USERS

If, at our request, you submit specific content (for example, to participate in Contests), or if without request from us, you send creative ideas, suggestions, proposals, plans or other material, whether online, by email, post, or otherwise (collectively, “comments”), you grant us the right, at any time, and without restriction, to edit, copy, publish, distribute, to translate and otherwise use and in any media any comments you send to us. We are not and should not be required (1) to maintain the confidentiality of comments; (2) to pay compensation to anyone for any comments provided; (3) to respond to comments.

We may, but have no obligation to monitor, edit, or remove content that we believe, in our sole discretion, to be illegal, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms and Conditions of Use and Sale.

You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or property rights. You also agree that your comments will not contain illegal, defamatory, offensive or obscene content, nor will they contain any computer viruses or other malicious software that could in any way affect the operation of the website or any related website. You may not use fake email addresses, pretend to be someone you are not, or try to mislead us and/or third parties as to the origin of your comments. You are fully responsible for all comments you post and their accuracy. We take no responsibility for and disclaim any liability for any comments you post or any other third party posts.

 

ARTICLE 12 – PERSONAL INFORMATION

The submission of your personal information to our website is governed by our Privacy Policy.

 

ARTICLE 13 – ERRORS, INACCURACIES AND OMISSIONS

From time to time, there may be information on our site that may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, shipping charges, products, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the website or on any related website is inaccurate, and this, at all times and without notice (including after you have placed your order).

We are under no obligation to update, change or clarify any information on the website or on any related website, including but not limited to pricing information, except as required by law. No set date of update or refresh in the website or on any other associated website should be taken into account to conclude that the information in the website or on any other associated website has been modified or updated.

 

ARTICLE 14 – PROHIBITED USES

In addition to the prohibitions set out in the Terms and Conditions of Use and Sale, you are prohibited from using the site or its content: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial or state law, rule or regulation; (d) to infringe or violate our intellectual property rights or those of third parties; (e) to harass, abuse, insult, hurt, defame, slander, denigrate, intimidate or discriminate against anyone on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or could be used in a manner that compromises the functionality or operation of the Website or any related, independent, or Internet website; (h) to collect or track the personal information of others; (i) to spam, phish, hijack a domain, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to violate or circumvent the security measures of our Website, any other website, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any prohibited use.

 

ARTICLE 15 ONE-YEAR WARRANTY ON TERO EQUIPMENT

Tero warrants that the Tero device is free from defects in workmanship, premature wear and tear or breakage for a period of one (1) year from the date of purchase as shown on the invoice issued by Tero when used under normal household conditions and maintained in accordance with the requirements described in the User's Guide (the "Warranty"), subject to the following:

What is covered by the Warranty:

  • The Tero appliance and/or non-removable parts found to be defective, at Tero's sole discretion, will be repaired or replaced, at Tero's absolute discretion, up to one (1) year after the date of purchase as shown on the original invoice issued by Tero.
  • Repair and shipping costs.
  • In the event of the replacement of a Tero device, the warranty expires six (6) months after the date of receipt of the replacement device or the remainder of the existing warranty, whichever is later. Tero reserves the right to replace the Tero device with a Tero device of equal or greater value.

What is not covered by the warranty:

  • Normal wear and tear on parts (such as blades and charcoal filters) that require regular maintenance and/or replacement to keep your Tero device working properly is not covered by the Warranty. Replacement parts are available for purchase on the website.
  • Any damage caused by misuse, abuse, negligent handling, lack of maintenance (e.g., failure to use the Tero in accordance with the instructions in the User's Guide), or damage caused by mishandling during shipment.
  • Any Tero device that has been altered or used for commercial purposes.
  • Any defect caused by repairs not authorized by Tero.

Warranty coverage applies to the original owner and the original Tero device only and is not transferable.

Any repairs may, at Tero's sole discretion, be performed at a Tero Certified Service Centre. Before going to a Tero Certified Service Centre, you must obtain a Return Material Authorization (RMA) number from Tero Technical Support.

You agree and acknowledge that upon expiration of the warranty, you will be responsible for all repairs and shipping costs.

Tero may, but is not obligated to, sell your replacement or substitute parts for any repair not covered by the warranty.

Tero will give first priority to the repair of your device. Depending on the case, Tero may, at its discretion, ship your device to its office or other location designated by Tero for repair, or ship the necessary parts and repair instructions for you to make the repair yourself.

    ARTICLE 16 - EXCLUSION OF GUARANTEES AND LIMITATION OF LIABILITY

    IN NO EVENT SHALL TERO BE LIABLE FOR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, (INCLUDING LOSS OF PROFITS OR SAVINGS, LOSS OF USE OR UNAVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA), PERSONAL INJURY, PROPERTY DAMAGE, ECONOMIC DAMAGES OR EXEMPLARY DAMAGES ARISING FROM PRODUCTS SOLD BY TERO OR OTHERWISE RELATED TO THE PRESENT OR TO TRANSACTIONS PERFORMED ON OR FROM THE WEBSITE, EVEN IF TERO OR ANY OF ITS LAWFUL CONTRACTORS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. TERO'S AGGREGATE LIABILITY ARISING FOR ANY REASON (INCLUDING BREACH OF CONTRACT, NEGLIGENCE OR GROSS NEGLIGENCE) SHALL IN NO EVENT EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCTS ORDERED HEREUNDER AND WHICH ARE THE SUBJECT OF THE CLAIM. IN NO EVENT SHALL TERO BE LIABLE FOR ANY DAMAGES OR LOSSES DUE TO VIRUSES, DATA CORRUPTION, TRANSMISSION ERRORS OR PROBLEMS, TERO'S TELECOMMUNICATIONS SERVICE PROVIDERS, TERO'S SUBCONTRACTORS, OR THIRD-PARTY PRODUCT OR SERVICE PROVIDERS, OR FOR DAMAGES OR LOSSES CAUSED BY YOU OR YOUR AGENTS OR EVENTS BEYOND TERO'S CONTROL.

    Notwithstanding the aforementioned, nothing in this section shall have the effect of limiting any right you may have as a consumer under any public policy law that may be applicable to you.

    For the purposes of this section, "TERO" includes its affiliates, directors, officers, employees and agents.

    ARTICLE 17 – COMPENSATION

    You agree to indemnify, defend and protect Tero, our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as to any claim or demand, including reasonable attorney fees, made by any third party as a result of or arising from your violation of these Terms and Conditions of Use and Sale or the documents to which they refer, or your violation of any law or the rights of a third party.

     

    ARTICLE 18 – SEVERABILITY

    In the event that a provision of these Terms and Conditions of Use and Sale are deemed to be illegal, void or unenforceable, this provision may nevertheless be applied to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed from these Terms and Conditions of Use and Sale, such severance shall not affect the validity and enforceability of any remaining provisions.

     

    ARTICLE 19 – TERMINATION

    The obligations and responsibilities undertaken by the parties before the termination date will remain in effect after the termination of this agreement for all purposes.

    These Terms and Conditions of Use and Sale are effective unless and until they are terminated by either you or not. You can terminate these Terms and Conditions of Use and Sale at any time by ceasing to use our site.

    If we believe, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms and Conditions of Use and Sale, we may also terminate this agreement at any time without notifying you in advance and you will remain responsible for all funds owed until the date of termination, and/or we may deny you access to our website (or any part of it).

     

    ARTICLE 20 – ENTIRE AGREEMENT

    Any delay on our part in the exercise or application of any right or any provision of these Terms and Conditions of Use and Sale should not constitute a waiver of such right or provision.

    These Terms and Conditions of Use and Sale or any other policy or operating rule that we post on this site or in connection with the website constitute the entire contract and agreement between you and us and govern your use of the website, and supersede all communications, proposals and all agreements, prior and contemporary, oral or written, between you and us (including, but not limited to any previous version of the Terms and Conditions of Use and Sale).

     

    ARTICLE 21 – APPLICABLE LAW

    These Terms and Conditions of Use and Sale will be interpreted under the laws applicable in the province of Quebec, excluding its conflict of law rules. To the extent provided by law, any dispute arising from any matter relating to these Terms and Conditions of Use and Sale can only be presented in a court of jurisdiction located in the judicial district of Quebec, Canada.

     

    ARTICLE 22 – CHANGES TO THE TERMS AND CONDITIONS OF USE AND SALE

    You can consult the most recent version of the Terms and Conditions of Use and Sale at any time on this page.

    We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms and Conditions of Use and Sale by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for any changes. Your continued use of or access to our site following the posting of any changes to these Terms and Conditions of Use and Sale constitutes acceptance of those changes.

     

    ARTICLE 23 - EVENTS BEYOND TERO'S CONTROL

    While Tero will take reasonable steps to meet its delivery schedules, you hereby expressly acknowledge and agree that it is possible that Tero may encounter unforeseen circumstances during product development, production and shipment that may result in additional delays and revisions to any such schedule established by Tero from time to time. You further acknowledge - and agree - that Tero is also dependent upon and influenced by factors external to the organization (by way of example only: events of force majeure such as, but not limited to, natural disasters, shortages of raw materials affecting its supply chain, pandemics and epidemics) that could affect any such schedule. Finally, Tero wishes to deliver a sustainable product that meets the expectations of its customers, so the organization reserves the right to modify the schedule in order to meet these quality criteria.

    That said, Tero undertakes to keep customers informed by email (the one provided when ordering) of the status of their order. By clicking on “Payment”, the customer accepts these risks (including those related to a crowdfunding and/or presale campaign) and these Terms and Conditions of Use and Sale.

     

    ARTICLE 24 – CONTACT DETAILS

    Questions regarding the Terms and Conditions of Use and Sale should be sent to us at info@teroproducts.com.

     

    ______