Terms of service

We are KODO LONDON LTD (“we”, “us”, or “our”), a company registered in England and Wales (Company No. 15166538) at 245 Knightsbridge, London, SW7 1DG, United Kingdom.

We operate the website https://www.kodolondon.com (the “Site”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”). We sell home fragrance products including candles, reed diffusers, room sprays, and related accessories. 

You can contact us by email at yasmin@kodolondon.com, or by mail to 245 Knightsbridge, London, SW7 1DG, United Kingdom. 

These Legal Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and KODO LONDON LTD, concerning your access to and use of the Services. You agree that by accessing the Services, you have read, understood, and agreed to be bound by all these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Legal Terms from time to time. We will alert you about any changes by updating the “Last updated” date of these Legal Terms. It is your responsibility to periodically review these Legal Terms to stay informed of updates. Your continued use of the Services after the date such revised Legal Terms are posted will constitute your acceptance of the changes. 

You must be at least 18 years old to make purchases through the Services. If you are under 18, you may browse the Services only with the consent of a parent or guardian, but you may not place orders or enter into transactions. 

TABLE OF CONTENTS 
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PRODUCT SAFETY AND ALLERGENS
6. PURCHASES AND PAYMENT
7. CANCELLATION AND RETURNS
8. CONSUMER RIGHTS
9. PROHIBITED ACTIVITIES
10. USER GENERATED CONTRIBUTIONS
11. CONTRIBUTION LICENCE
12. GUIDELINES FOR REVIEWS
13. SERVICES MANAGEMENT
14. PRIVACY POLICY AND DATA PROTECTION
15. COPYRIGHT INFRINGEMENTS
16. TERM AND TERMINATION
17. MODIFICATIONS AND INTERRUPTIONS
18. GOVERNING LAW
19. DISPUTE RESOLUTION
20. CORRECTIONS
21. DISCLAIMER
22. LIMITATIONS OF LIABILITY
23. INDEMNIFICATION
24. USER DATA
25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
26. MISCELLANEOUS
27. CONTACT US

1. OUR SERVICES

The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The Services are not tailored to comply with industry-specific regulations. If your interactions would be subject to such specialised regulations, you may not use the Services for those purposes. 

2. INTELLECTUAL PROPERTY RIGHTS

Our intellectual property

We are the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”), including the KŌDŌ LONDON brand and associated trade dress. 

Our Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United Kingdom and internationally.

The Content and Marks are provided in or through the Services “AS IS” for your personal, non-commercial use or internal business purpose only. 

Your use of our Services 

Subject to your compliance with these Legal Terms, including the “PROHIBITED ACTIVITIES” section below, we grant you a non-exclusive, non-transferable, revocable licence to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use or internal business purpose. 

Except as set out in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

If you wish to make any use of the Services, Content, or Marks other than as set out in this section or elsewhere in our Legal Terms, please address your request to: yasmin@kodolondon.com. If we ever grant you the permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensors of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying our Content. 

We reserve all rights not expressly granted to you in and to the Services, Content, and Marks. 

Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately. 

Your submissions and contributions 

Please review this section and the “PROHIBITED ACTIVITIES” section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post or upload any content through the Services. 

Submissions: By directly sending us any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”), you grant us a non-exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt, publish, and display such Submission for the purposes of operating, promoting, and improving our Services and business. You retain ownership of your Submissions. 

Contributions: The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. 

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services, you: (a) confirm that you have read and agree with our “PROHIBITED ACTIVITIES” and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading; (b) to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution; (c) warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licences to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and (d) warrant and represent that your Submissions and/or Contributions do not constitute confidential information. 

You are solely responsible for your Submissions and/or Contributions and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party’s intellectual property rights, or (c) applicable law. 

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities. 

3. USER REPRESENTATIONS 

By using the Services, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Legal Terms; (2) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (3) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Services for any illegal or unauthorised purpose; and (5) your use of the Services will not violate any applicable law or regulation. 

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). 

4. PRODUCTS 

We make every effort to display as accurately as possible the colours, features, specifications, and details of our home fragrance products available on the Services, including candles, reed diffusers, room sprays, wax melts, and related accessories. However, we do not guarantee that the colours, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colours and details of the products. 

Please note that fragrance descriptions (including scent notes and intensity) are subjective and provided as a guide only. Individual perception of scent can vary depending on personal sensitivity, environment, and other factors. This does not affect your statutory rights where goods are not as described. 

All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change. 

5. PRODUCT SAFETY AND ALLERGENS 

Allergen information

Our fragrance products may contain allergens including but not limited to Limonene, Citral, and Linalool, as listed on individual product pages and product packaging in accordance with applicable UK regulations. If you have known sensitivities or allergies to any fragrance ingredients, please review the full ingredients list on the product page or contact us at yasmin@kodolondon.com before purchasing. 

Candle safety

Where our products include candles, please observe the following safety guidelines at all times:

  • Never leave a burning candle unattended or within reach of children or pets.
  • Keep burning candles away from flammable materials, draughts, and vibrations. 
  • Always place candles on a stable, heat-resistant surface. 
  • Do not burn a candle for longer than the time stated on the product; allow it to cool fully before relighting. 
  • Trim the wick to approximately 5mm before each use to prevent excessive flame or soot. 
  • Discontinue use when only 10mm of wax remains at the bottom of the vessel. 

Reed diffusers

Reed diffuser oils are flammable. Keep away from naked flames and sources of ignition. Avoid contact with eyes, skin, and polished or painted surfaces. Keep out of reach of children and pets. Do not ingest.

Room sprays and other products 

Room sprays and similar products are for use as home fragrances only. Do not spray directly onto skin, eyes, or fabrics unless the product label expressly states it is safe to do so. If skin contact occurs, rinse thoroughly with water. If irritation persists, seek medical advice. 

General storage

Store all fragrance products in a cool, dry place, away from direct sunlight and heat sources. Exposure to heat and light may affect fragrance quality and, in the case of candles, product integrity. 

Regulatory compliance

Our products are formulated and labelled in compliance with applicable UK regulations, including the UK Cosmetics Regulation (retained EU law) and the Classification, Labelling and Packaging (CLP) Regulation where applicable. For full safety data information, please refer to individual product pages or contact us at yasmin@kodolondon.com. 

6. PURCHASES AND PAYMENT

We accept the following forms of payment: PayPal, American Express, Mastercard, and Visa. 

You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. VAT will be added to the price of purchases where applicable. 

All payments for UK orders shall be processed in GBP. For international orders, payments may be processed in your local currency where supported by our payment provider. The displayed price in your local currency is indicative only and the final charge may vary slightly depending on your bank’s exchange rate. 

You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorise us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. 

We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers, or distributors. 

7. CANCELLATION AND RETURNS

Your right to cancel (distance selling)

Under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, you have the right to cancel your order within 14 days of receiving your goods, without giving any reason. The cancellation period will expire 14 days after the day on which you, or a third party indicated by you (other than the carrier), physically acquires the last of the goods ordered. To exercise your right to cancel, you must inform us of your decision to cancel by a clear statement (e.g., an email to yasmin@kodolondon.com or a letter to 245 Knightsbridge, London, SW7 1DG). You may use the model cancellation form set out below, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired. 

Effects of cancellation

If you cancel your order, we will reimburse all payments received from you, including the cost of standard delivery (but not any supplementary delivery costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us). We will make the reimbursement without undue delay, and in any event not later than 14 days after the day on which we receive the returned goods, or the day on which you supply evidence of having sent back the goods, whichever is the earliest. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You shall bear the direct cost of returning the goods. 

Exceptions to the right of cancellation

The right of cancellation does not apply to sealed goods which are not suitable for return due to health protection or hygiene reasons, once those goods have been unsealed after delivery. This includes fragrance products (including candles, diffusers, and room sprays) where the seal, cellophane, or tamper-evident packaging has been broken or removed after delivery. Products returned must be in their original, unopened, and undamaged condition. We reserve the right to make a deduction from the reimbursement for loss in value of the goods if that loss results from handling by you beyond what is necessary to establish the nature, characteristics, and functioning of the goods. 

How to return

To initiate a return, please contact us at yasmin@kodolondon.com within your 14-day cancellation window. We will provide you with return instructions. Please package fragrance products securely to prevent damage or leakage in transit.

Faulty or damaged goods

Your right to cancel is in addition to your statutory rights under the Consumer Rights Act 2015. If goods are faulty, damaged on arrival, or not as described, please contact us within 30 days of delivery at yasmin@kodolondon.com. Please include photographs of any damaged or faulty items where possible. We will arrange a replacement, repair, or full refund in accordance with your statutory rights. See Section 8 (Consumer Rights) below. 

Model cancellation form

To: KODO LONDON LTD, 245 Knightsbridge, London, SW7 1DG / yasmin@kodolondon.com 
I hereby give notice that I cancel my contract of sale of the following goods: [insert product description]
Ordered on: [date] / Received on: [date]
Name: [your name]
Address: [your address]
Signature (only if submitted on paper): [signature] 
Date: [date] 

8. CONSUMER RIGHTS

If you are a consumer, you have legal rights under the Consumer Rights Act 2015 (and, if you are based in the EU, equivalent consumer protection legislation in your country of residence) in relation to goods that are faulty, not as described, or not fit for purpose. Nothing in these Legal Terms will affect your statutory rights.

Under the Consumer Rights Act 2015, goods must be of satisfactory quality, fit for purpose, and as described. If goods do not conform to the contract:

  • Within 30 days of delivery, you are entitled to a full refund (the short-term right to reject). 
  • Within six months of delivery, you are entitled to a repair or replacement and, if that is not possible or unsuccessful, a full refund. 
  • After six months, you are entitled to a repair or replacement and, if that is unsuccessful, a partial refund. 

Advice about your consumer rights is available from your local Citizens Advice Bureau or Trading Standards office. You can also visit https://www.which.co.uk/consumer-rights for further guidance. 

9. PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to: (a) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (b) trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords; (c) circumvent, disable, or otherwise interfere with security-related features of the Services; (d) disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services; (e) use any information obtained from the Services in order to harass, abuse, or harm another person; (f) make improper use of our support services or submit false reports of abuse or misconduct; (g) use the Services in a manner inconsistent with any applicable laws or regulations; (h) engage in unauthorised framing of or linking to the Services; (i) upload or transmit viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use of the Services; (j) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (k) delete the copyright or other proprietary rights notice from any Content; (l) attempt to impersonate another user or person or use the username of another user; (m) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (n) harass, annoy, intimidate, or threaten any of our employees or agents; (o) attempt to bypass any measures of the Services designed to prevent or restrict access to the Services; (p) copy or adapt the Services’ software; (q) except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services; (r) use a buying agent or purchasing agent to make purchases on the Services; (s) make any unauthorised use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; or (t) use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavour or commercial enterprise. 

10. USER GENERATED CONTRIBUTIONS

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. 

When you create or make available any Contributions, you thereby represent and warrant that: (a) the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights of any third party; (b) you are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us to use your Contributions; (c) you have the written consent of each identifiable individual person in your Contributions; (d) your Contributions are not false, inaccurate, or misleading; (e) your Contributions are not unsolicited or unauthorised advertising or spam; (f) your Contributions are not obscene, lewd, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us); (g) your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone; (h) your Contributions do not violate any applicable law, regulation, or rule; (i) your Contributions do not violate the privacy or publicity rights of any third party; (j) your Contributions do not violate any applicable law concerning child pornography or the protection of minors; (k) your Contributions do not include any offensive comments connected to race, national origin, gender, sexual preference, or physical handicap; and (l) your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms or any applicable law or regulation. 

11. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Services, you automatically grant, and you represent and warrant that you have the right to grant, to us a non-exclusive, transferable, royalty-free, fully-paid, worldwide licence to host, use, copy, reproduce, publish, display, reformat, translate, excerpt (in whole or in part), and distribute such Contributions for the purposes of operating, promoting, and improving our Services and business, and to prepare derivative works of, or incorporate into other works, such Contributions. The use and distribution may occur in any media formats and through any media channels. 

This licence includes our use of your name as it appears alongside any Contribution, solely in connection with displaying or promoting the Contribution. This licence will apply to any form, media, or technology now known or hereafter developed. You waive all moral rights in your Contributions to the extent permitted by s.87 of the Copyright, Designs and Patents Act 1988, and you warrant that moral rights have not otherwise been asserted in your Contributions. 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. 

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions. 

12. GUIDELINES FOR REVIEWS

We may provide you areas on the Services to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the product being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hateful language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organise a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to that review. 

13. SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services. 

14. PRIVACY POLICY AND DATA PROTECTION

We care about data privacy and security. By using the Services, you agree to be bound by our Privacy Policy posted on the Services, which is incorporated into these Legal Terms. 

We process personal data in accordance with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Where our customers are located in the European Economic Area, we also comply with the EU General Data Protection Regulation (EU GDPR). For full details of how we collect, use, store, and protect your personal data, please refer to our Privacy Policy. 

The Services are hosted in the United Kingdom. If you access the Services from any other region of the world, any transfer of your personal data will be carried out in accordance with applicable data protection law, including through the use of appropriate safeguards such as standard contractual clauses or adequacy decisions where required. 

15. COPYRIGHT INFRINGEMENTS

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Services infringes your copyright, you should consider first contacting a solicitor. 

16. TERM AND TERMINATION

These Legal Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

17. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith. 

18. GOVERNING LAW

These Legal Terms are governed by and interpreted following the laws of England and Wales, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. If your habitual residence is in the EU, and you are a consumer, you additionally possess the protection provided to you by the mandatory provisions of the law of your country of residence. KODO LONDON LTD and yourself both agree to submit to the non-exclusive jurisdiction of the courts of England and Wales, which means that you may make a claim to defend your consumer protection rights in regard to these Legal Terms in England and Wales, or in the EU country in which you reside.

19. DISPUTE RESOLUTION

Informal resolution

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a “Dispute”), you and we agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating any formal proceedings. Such informal negotiations commence upon written notice from one party to the other. 

Formal proceedings

If a Dispute cannot be resolved informally, either party may bring proceedings in the courts of England and Wales. If you are a consumer habitually resident in the EU, you may also bring proceedings in the courts of your country of residence.

If you are a consumer habitually resident in the EU, you may also make use of the European Commission’s Online Dispute Resolution platform, accessible at https://ec.europa.eu/consumers/odr. 

20. CORRECTIONS

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice. 

21. DISCLAIMER

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.

NOTHING IN THIS DISCLAIMER SHALL AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER UNDER THE CONSUMER RIGHTS ACT 2015 OR ANY OTHER APPLICABLE MANDATORY CONSUMER PROTECTION LEGISLATION. 

22. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

NOTHING IN THESE LEGAL TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY FOR: (A) DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE; (B) FRAUD OR FRAUDULENT MISREPRESENTATION; (C) ANY BREACH OF THE TERMS IMPLIED BY SECTIONS 9, 10, 13, AND 14 OF THE CONSUMER RIGHTS ACT 2015; OR (D) ANY OTHER LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW. 

23. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable legal fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Legal Terms; (4) any breach of your representations and warranties set forth in these Legal Terms; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it. 

24. USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data. 

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES.

26. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having drafted them. 

27. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at: 

KODO LONDON LTD

245 Knightsbridge
London, SW7 1DG
United Kingdom
yasmin@kodolondon.com
https://www.kodolondon.com