Terms & Conditions

 
 
TERMS & CONDITIONS OF USE

Welcome to the Koda Phytorium Website / Webstore! These are our Terms & Conditions for use of the Site:

Koda Phytorium provides this Site as a service to our customers. Please review the following basic rules that govern your use of our Site (the "Agreement"). Please note that your use of our Site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this Site.

Although you may "bookmark" a particular portion of this Site and thereby bypass this Agreement, your use of this Site still binds you to the terms. Since Koda Phytorium may revise this Agreement at any time, you should visit this page periodically to review the terms of your use.


SITE CONTENTS


Occasionally there may be information on KodaPhytorium.com.au that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you.

Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, written and other materials that are part of this Site (collectively, the "Contents") are copyrights, trademarks, trade dress, and/or other intellectual property owned, controlled, or licensed by Koda Phytorium. The site as a whole is protected by copyright and trade dress, all worldwide rights, titles, and interests in and to which are owned by Koda Phytorium.

This Site and all its Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole, or in part any of the Contents, the Site, or related software.


USER COMMENTS, MATERIALS & FEEDBACK

You agree that no Materials submitted by you to this Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive, or obscene material. You are and shall remain solely responsible for the content of any Materials you submit.


PRODUCT COLOURS

We have made every effort to display as accurately as possible the colours of our products that appear on our Site. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor's display of any colour will be accurate.


LINKS TO OTHER WEB SITES AND SERVICES

This Site may contain links to other websites that are not under the control of Koda Phytorium. Koda Phytorium has no responsibility for the linked websites, nor does it necessarily endorse the linked websites. Koda Phytorium provides the links solely for the convenience and information of our Site users.


DISCLAIMER

KODA PHYTORIUM PROVIDES THE MATERIALS ON THIS SITE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. KODA PHYTORIUM EXPRESSLY DISCLAIMS ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH KODA PHYTORIUM MAY MODIFY THE MATERIALS AT ANY TIME WITHOUT NOTICE. BY YOUR USE OF THIS SITE, YOU ACKNOWLEDGE THAT YOUR USE IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF THIS SITE. YOU FURTHER ACKNOWLEDGE THAT KODA PHYTORIUM SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.


INDEMNIFICATION

You agree to defend, indemnify, and hold Koda Phytorium harmless from and against any and all claims, damages, costs, and expenses, including attorneys' fees, arising from or related to your use of the Site, your breach of these Terms of Use, and/or any of the foregoing agreements, representations, and warranties.


MISCELLANEOUS

Unless otherwise specified, this Site and the Contents thereof are displayed solely for the purpose of promoting Koda Phytorium products and services. This Site is controlled and operated by Koda Phytorium from its offices in Australia.

This Agreement shall be construed in accordance with the laws of the State of New South Wales, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the New South Wales State Courts and/or Federal Courts of Australia. The waiver of any provision of these Terms of Use shall not be considered a waiver of any other provision or of Koda Phytoriums right to later require strict observance of each of the terms herein. If any provision of these Terms of Use is found to be unenforceable or invalid for any reason, that provision shall be severable and all other provisions shall remain in full force and effect. This constitutes the entire agreement between us relating to your use of the Site and shall not be modified except in a writing signed by both parties.


TERMINATION

These terms are effective unless and until terminated by either you or Koda Phytorium. You may terminate this Agreement at any time. Koda Phytorium also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Koda Phytoriums sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of the Agreement by either you or Koda Phytorium, you must immediately discontinue use of this Site and promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of use or otherwise. Note that certain provisions of this Agreement (Site Contents; User Comments, Materials, Feedback, Disclaimer; and Indemnity) will survive termination.


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