Terms of Use

Welcome to Teniam.

These Terms of Use govern your access to and use of the Teniam website and our pre-launch seller registration service.

For these Terms, “Teniam”, “we”, “us” and “our” mean IMENSITY PTY LTD, trading as Teniam.

By accessing our website or joining Teniam early, you agree to these Terms.

If you do not agree, please do not use the website or submit an early seller registration.

Teniam is developing a new marketplace and shopping experience.

Our website currently provides information about Teniam and allows prospective sellers to register their interest in joining Teniam before the marketplace launches more broadly.

The Teniam marketplace is under development.

Features shown, described or previewed on our website may:

• still be in development;
• change before release;
• be made available only to selected beta participants;
• be delayed; or
• not ultimately be released.

You may be able to join our early seller program by submitting information such as:

• your name;
• your email address;
• your company, store or brand name; and
• your website or store link.

Submitting the form means you are expressing interest in becoming an early Teniam seller.

It does not:

• create a Teniam marketplace account;
• guarantee access to the marketplace;
• guarantee acceptance as a seller;
• create a partnership, employment, agency or franchise relationship;
• guarantee sales, customers, traffic or revenue;
• guarantee preferential marketplace placement;
• guarantee any particular fees or commercial terms; or
• require Teniam to launch the marketplace by a particular date.

We may invite some early sellers to participate in beta testing before a wider launch.

Beta access may be:

• limited;
• invitation-only;
• changed or withdrawn;
• subject to additional terms;
• available only in certain regions or categories; or
• subject to identity, business, payment or other verification.

If you are invited to participate in the marketplace beta, you may be required to accept additional seller terms before using seller functionality.

Those future seller terms may address matters such as:

• listings;
• prohibited products;
• payments;
• fees;
• refunds;
• fulfilment;
• shipping;
• returns;
• seller obligations;
• disputes;
• marketplace standards; and
• account suspension or termination.

These matters are not governed by these pre-launch Terms unless expressly stated.

Teniam is a product under active development.

We may change:

• the product;
• the design;
• the launch schedule;
• eligibility requirements;
• beta availability;
• seller features;
• marketplace functionality; and
• our launch strategy.

We do not promise that Teniam, or any particular feature, will become publicly available.

We may pause or discontinue the early seller program at any time.

You agree that information you provide to Teniam will be accurate and not deliberately misleading.

You should not:

• register using another person's identity without permission;
• submit another person's email address without authority;
• impersonate a business or brand;
• submit malicious or automated registrations;
• attempt to bypass security measures; or
• use the registration system for spam, scraping or abusive purposes.

Our handling of personal information is described in our Privacy Policy.

If you join Teniam early, we may send you communications related to your registration and the development or launch of Teniam.

These may include:

• confirmation of your registration;
• beta invitations;
• seller updates;
• launch information; and
• relevant product or founder updates.

Where required, optional commercial communications will include a method to unsubscribe.

You can unsubscribe from optional seller updates without deleting your early seller registration.

You must not use our website to:

• break any applicable law;
• infringe another person's rights;
• introduce viruses, malware or malicious code;
• attempt unauthorised access to our systems;
• interfere with or disrupt the website;
• circumvent security or rate-limit protections;
• scrape or harvest information through automated means without permission;
• misrepresent your identity or affiliation;
• submit fraudulent registrations;
• test vulnerabilities without written authorisation; or
• use the website in a way that could damage Teniam or other users.

We may block, restrict or investigate activity that we reasonably consider abusive, fraudulent or harmful.

Unless otherwise stated, Teniam owns or licenses the intellectual property in the website and its content, including:

• the Teniam name;
• logos and brand assets;
• website design;
• graphics;
• text;
• software;
• interfaces;
• product concepts; and
• other original material.

You may view and use the website for personal or legitimate business evaluation purposes.

You may not reproduce, distribute, sell, modify or commercially exploit Teniam content without permission, except where allowed by law.

Nothing in these Terms transfers ownership of Teniam intellectual property to you.

We may invite early sellers to provide feedback, suggestions or ideas about Teniam.

If you voluntarily provide feedback, you give Teniam permission to use, adapt and incorporate that feedback to develop, improve and operate Teniam without an obligation to compensate you.

You retain ownership of any pre-existing intellectual property contained in your feedback.

Please do not provide information that you do not have the right to share.

Teniam uses third-party technology and service providers to operate our website and early seller program.

The website may also contain links to third-party websites or services.

We are not responsible for third-party websites or services that are outside our control.

Your use of a third-party service may also be subject to that provider's own terms and privacy policy.

We aim to keep the Teniam website available and functioning, but we do not guarantee uninterrupted or error-free access.

The website may occasionally be unavailable because of:

• maintenance;
• updates;
• infrastructure issues;
• security incidents;
• third-party service failures; or
• circumstances outside our reasonable control.

We may change, suspend or withdraw all or part of the website without notice where reasonably necessary.

We try to keep information on the website accurate and current.

However, because Teniam is under development, product descriptions, previews, interfaces, features and launch information may change.

Content on the pre-launch website is provided for general information about Teniam and should not be treated as a guarantee that a particular feature, service or commercial arrangement will be available.

Teniam does not guarantee that participating as a seller will result in:

• sales;
• enquiries;
• product exposure;
• buyer traffic;
• ranking;
• revenue;
• business growth; or
• any particular commercial outcome.

Any future marketplace performance will depend on numerous factors outside our control.

Nothing in these Terms excludes, restricts or modifies any right, guarantee, remedy or protection that cannot lawfully be excluded under applicable law.

If the Australian Consumer Law applies to you, nothing in these Terms is intended to exclude rights or remedies that cannot lawfully be excluded.

To the maximum extent permitted by law, the pre-launch website and early seller service are provided on an “as available” basis.

We do not make guarantees about:

• continuous availability;
• launch timing;
• beta acceptance;
• marketplace performance;
• compatibility with every device or browser; or
• future functionality.

This clause does not limit any rights that cannot lawfully be excluded.

To the maximum extent permitted by law, Teniam is not responsible for indirect, incidental, special or consequential loss arising from use of the pre-launch website or participation in the early seller program.

Where liability cannot lawfully be excluded, our liability will be limited only to the extent permitted by applicable law.

Nothing in these Terms limits liability where doing so would be unlawful.

We may remove an early seller registration or restrict access to the website where we reasonably believe:

• the registration is fraudulent;
• information was submitted without authority;
• the website has been abused;
• security systems have been circumvented;
• the user has breached these Terms; or
• removal is necessary to comply with law or protect Teniam or others.

Teniam is evolving, so we may update these Terms from time to time.

The latest version will be published on our website with an updated date.

If future changes materially affect an existing service or relationship with you, we may provide additional notice where appropriate.

These Terms are governed by the laws of New South Wales, Australia.

You and Teniam submit to the courts of that jurisdiction and courts entitled to hear appeals from them.

Nothing in this clause limits any rights you may have under mandatory consumer laws.

If you have questions about these Terms, contact: