1. Acceptance of Terms

By accessing or using this Site, you agree to be bound by these Terms of Use (“Terms”) and our [Privacy Policy]. If you do not agree with any part of these Terms, please discontinue use of the Site immediately.

2. Changes to Terms

We may update or revise these Terms at any time by posting the revised Terms on this page. Your continued use of the Site after changes are posted constitutes acceptance of the revised Terms. Please check this page periodically for updates.

3. Eligibility

You must be at least 18 years of age or have the legal authority to enter into these Terms in your jurisdiction. By using the Site, you represent and warrant that you meet this requirement.

4. Intellectual Property

  1. Ownership

    All content on the Site, including but not limited to text, graphics, images, logos, software, and any other material or digital assets, is owned or licensed by KODA and is protected by Australian and international intellectual property laws.

  2. Limited License

    We grant you a limited, non-exclusive, non-transferable license to access and use the Site for your personal, non-commercial use. You may not reproduce, distribute, modify, or create derivative works from our content without our prior written consent.

  3. Trademarks

    All trademarks, service marks, and logos displayed on the Site are the property of KODA or their respective owners. You are not permitted to use these marks without prior written consent from KODA or the relevant third party.

5. User Conduct

By accessing or using the Site, you agree not to:

  • Use the Site for any unlawful purpose or in violation of any applicable local, state, national, or international law.

  • Transmit or upload any content or materials that are defamatory, fraudulent, obscene, threatening, invasive of privacy or publicity rights, or otherwise objectionable.

  • Interfere with the proper functioning of the Site, including by hacking, data scraping, or using automated systems to access the Site.

  • Attempt to gain unauthorized access to any portion of the Site, servers, or networks used by KODA.

6. Third-Party Links

Our Site may contain links to websites owned or operated by third parties. These links are provided for convenience only. We do not endorse, monitor, or control any third-party websites, and we are not responsible for their content, privacy policies, or practices. Accessing these sites is at your own risk.

7. Disclaimers

  • No Warranty

    The Site and all content therein are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, KODA disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

  • Accuracy

    While we strive to ensure the accuracy of information on the Site, we do not guarantee that all information is complete, current, or error-free. You acknowledge that your reliance on the accuracy of content on the Site is at your own risk.

  • Technology

    We do not warrant that the Site, or any functions contained therein, will be uninterrupted or error-free, or that defects will be corrected, or that the Site is free of viruses or other harmful components.

8. Limitation of Liability

To the maximum extent permitted by law, in no event shall KODA or its affiliates, officers, directors, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, or other intangible losses arising out of or related to your use of, or inability to use, the Site, even if advised of the possibility of such damages. Your sole and exclusive remedy is to discontinue using the Site.

9. Indemnification

You agree to defend, indemnify, and hold KODA, its affiliates, officers, directors, employees, agents, and partners harmless from and against any claims, actions, losses, damages, liabilities, judgments, costs, and expenses (including reasonable legal fees) arising out of or related to your use of the Site, your violation of these Terms, or your infringement of any third-party rights.

10. Termination

We reserve the right, at our sole discretion, to terminate or suspend your access to the Site, without prior notice or liability, for any reason, including if we believe you have violated these Terms. All provisions of these Terms relating to ownership, disclaimers of warranty, limitation of liability, and indemnification shall survive termination.

11. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or the Site shall be subject to the exclusive jurisdiction of the courts located in New South Wales, Australia.

12. Severability

If any provision of these Terms is found to be invalid or unenforceable under applicable law, such provision shall be deemed modified only to the extent necessary to make it valid and enforceable. The remaining provisions shall remain in full force and effect.

13. Entire Agreement

These Terms, along with our [Privacy Policy], constitute the entire agreement between you and KODA regarding your use of the Site and supersede all prior or contemporaneous agreements and understandings, whether written or oral, relating to its subject matter.

14. Contact Us

If you have any questions or concerns about these Terms, please contact us at:

KODA Design Australia
Email: [support@koda.design]
Website: https://koda.design

Last Updated: 24th January 2025